[4830-01-u] DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-209672-93] RIN 1545-AS16 Credit for Employer Social Security Taxes Paid on Employee Tips AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Withdrawal of notice of proposed rulemaking. SUMMARY: This document withdraws the notice of proposed rulemaking relating to the credit for employer FICA taxes paid with respect to certain tips received by employees of food or beverage establishments. The proposed regulations were published in the Federal Register on December 23, 1993. Changes to the law made by the Small Business Job Protection Act of 1996 have made these proposed regulations obsolete. FOR FURTHER INFORMATION CONTACT: Jean M. Casey at (202) 622-6060 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background On December 23, 1993, the IRS issued proposed regulations (EE-71-93)(58 FR 68091) under section 45B of the Internal Revenue Code relating to the credit for employer FICA taxes paid with respect to certain tips received by employees of food or beverage establishments. Amendments made by section 1112(a) of the Small Business Job Protection Act of 1996 (Public Law 104-188) render the proposed regulations obsolete. Therefore, proposed regulation 1.45B-1 is being withdrawn. On December 23, 1993, the IRS also published temporary regulations (TD 8503)(58 FR 68033) under section 45B of the Code. These temporary regulations are being removed in a separate document. List of Subjects in 26 CFR Part 1 Income taxes, Penalties, Reporting and recordkeeping requirements. Withdrawal of Notice of Proposed Rulemaking Accordingly, under the authority of 26 U.S.C. 7805, the notice of proposed rulemaking that was published in the Federal Register on December 23, 1993 (58 FR 68091) is withdrawn. Margaret Milner Richardson Commissioner of Internal Revenue