Office of Postsecondary Education - U.S. Department of Education

WReier-Aviles on DSKGBLS3C1PROD with RULES266956 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulationsupdate is necessary to address aninequity or to reflect more accuratelythe applicant’s ability to pay.(Approved by the Office of Management andBudget under control number 1845–0041)(Authority: 20 U.S.C. 1094)§ 668.56 Information to be verified.(a) For each award year the Secretarypublishes in the Federal Register noticethe FAFSA information that aninstitution and an applicant may berequired to verify.(b) For each applicant whose FAFSAinformation is selected for verificationby the Secretary, the Secretary specifiesthe specific information underparagraph (a) of this section that theapplicant must verify.(Approved by the Office of Management andBudget under control number 1845–0041)(Authority: 20 U.S.C. 1094, 1095)§ 668.57 Acceptable documentation.If an applicant is selected to verifyany of the following information, aninstitution must obtain the specifieddocumentation.(a) Adjusted Gross Income (AGI),income earned from work, or U.S.income tax paid. (1) Except as providedin paragraphs (a)(2), (a)(3), and (a)(4) ofthis section, an institution must requirean applicant selected for verification ofAGI, income earned from work or U.S.income tax paid to submit to it—(i) A copy of the income tax return oran Internal Revenue Service (IRS) formthat lists tax account information of theapplicant, his or her spouse, or his orher parents, as applicable for thespecified year. The copy of the returnmust include the signature (which neednot be an original) of the filer of thereturn or of one of the filers of a jointreturn;(ii) For a dependent student, a copyof each IRS Form W–2 for the specifiedyear received by the parent whoseincome is being taken into account if—(A) The parents filed a joint return;and(B) The parents are divorced orseparated or one of the parents has died;and(iii) For an independent student, acopy of each IRS Form W–2 for thespecified year he or she received if theindependent student—(A) Filed a joint return; and(B) Is a widow or widower, or isdivorced or separated.(2) An institution may accept, in lieuof an income tax return or an IRS formthat lists tax account information, theinformation reported for an item on theapplicant’s FAFSA for the specified yearif the Secretary has identified that itemas having been obtained from the IRSand not having been changed.(3) An institution must accept, in lieuof an income tax return or an IRS formthat lists tax account information, thedocumentation set forth in paragraph(a)(4) of this section if the individual forthe specified year—(i) Has not filed and, under IRS rules,or other applicable government agencyrules, is not required to file an incometax return;(ii) Is required to file a U.S. tax returnand has been granted a filing extensionby the IRS; or(iii) Has requested a copy of the taxreturn or an IRS form that lists taxaccount information, and the IRS or agovernment of a U.S. territory orcommonwealth or a foreign centralgovernment cannot locate the return orprovide an IRS form that lists taxaccount information.(4) An institution must accept—(i) For an individual described inparagraph (a)(3)(i) of this section, astatement signed by that individualcertifying that he or she has not filedand is not required to file an income taxreturn for the specified year andcertifying for that year thatindividual’s—(A) Sources of income earned fromwork as stated on the FAFSA; and(B) Amounts of income from eachsource. In lieu of a certification of theseamounts of income, the applicant mayprovide a copy of his or her IRS FormW–2 for each source listed underparagraph (a)(4)(i)(A) of this section;(ii) For an individual described inparagraph (a)(3)(ii) of this section—(A) A copy of the IRS Form 4868,‘‘Application for Automatic Extension ofTime to File U.S. Individual Income TaxReturn,’’ that the individual filed withthe IRS for the specified year, or a copyof the IRS’s approval of an extensionbeyond the automatic six-monthextension if the individual requested anadditional extension of the filing time;and(B) A copy of each IRS Form W–2 thatthe individual received for the specifiedyear, or for a self-employed individual,a statement signed by the individualcertifying the amount of the AGI for thespecified year; and(iii) For an individual described inparagraph (a)(3)(iii) of this section—(A) A copy of each IRS Form W–2 thatthe individual received for the specifiedyear; or(B) For an individual who is selfemployedor has filed an income taxreturn with a government of a U. S.territory or commonwealth, or a foreigncentral government, a statement signedby the individual certifying the amountVerDate Mar2010 14:10 Oct 28, 2010 Jkt 223001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4700 E:\FR\FM\29OCR2.SGM 29OCR2of AGI and taxes paid for the specifiedyear.(5) An institution may require anindividual described in paragraph(a)(3)(ii) of this section to provide to ita copy of his or her completed andsigned income tax return when filed. Ifan institution receives the copy of thereturn, it must reverify the AGI andtaxes paid by the applicant and his orher spouse or parents.(6) If an individual who is required tosubmit an IRS Form W–2, underparagraph (a) of this section, is unableto obtain one in a timely manner, theinstitution may permit that individualto set forth, in a statement signed by theindividual, the amount of incomeearned from work, the source of thatincome, and the reason that the IRSForm W–2 is not available in a timelymanner.(7) For the purpose of this section, aninstitution may accept in lieu of a copyof an income tax return signed by thefiler of the return or one of the filers ofa joint return, a copy of the filer’s returnthat includes the preparer’s SocialSecurity Number, EmployerIdentification Number or the PreparerTax Identification Number and has beensigned, stamped, typed, or printed withthe name and address of the preparer ofthe return.(b) Number of family members inhousehold. An institution must requirean applicant selected for verification ofthe number of family members in thehousehold to submit to it a statementsigned by both the applicant and one ofthe applicant’s parents if the applicantis a dependent student, or only theapplicant if the applicant is anindependent student, listing the nameand age of each family member in thehousehold and the relationship of thathousehold member to the applicant.(c) Number of family householdmembers enrolled in eligiblepostsecondary institutions. (1) Aninstitution must require an applicantselected for verification of the numberof household members in theapplicant’s family enrolled on at least ahalf-time basis in eligible postsecondaryinstitutions to submit a statement signedby both the applicant and one of theapplicant’s parents, if the applicant is adependent student, or by only theapplicant if the applicant is anindependent student, listing—(i) The name of each family memberwho is or will be attending an eligiblepostsecondary educational institution asat least a half-time student in the awardyear;(ii) The age of each student; and(iii) The name of the institution thateach student is or will be attending.