PART III—INFORMATION RETURNS
Editorial Notes
Amendments
2010—
2007—
1980—
1976—
1974—
1969—
Statutory Notes and Related Subsidiaries
Information Returns in Electronic Format
"(a) Each office in the legislative branch, except the House and the Senate, which is responsible for preparing any written statement furnished under part 3 of subchapter A of
"(b) Subsection (a) shall apply with respect to statements prepared for taxable years ending on or after December 31, 2004."
Subpart A—Information Concerning Persons Subject to Special Provisions
Editorial Notes
Amendments
2020—
2017—
2015—
2010—
2008—
2006—
2004—
2001—
1997—
1996—
1990—
1986—
1984—
1982—
1980—
1978—
1976—
1964—
1960—
1958—
Statutory Notes and Related Subsidiaries
Authority To Waive Certain Information Reporting Requirements
2 So in original. The words "With Respect" probably should not be capitalized.
§6031. Return of partnership income
(a) General rule
Every partnership (as defined in section 761(a)) shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by subtitle A, and such other information, for the purpose of carrying out the provisions of subtitle A as the Secretary may by forms and regulations prescribe, and shall include in the return the names and addresses of the individuals who would be entitled to share in the taxable income if distributed and the amount of the distributive share of each individual.
(b) Copies to partners
Each partnership required to file a return under subsection (a) for any partnership taxable year shall (on or before the day on which the return for such taxable year was required to be filed) furnish to each person who is a partner or who holds an interest in such partnership as a nominee for another person at any time during such taxable year a copy of such information required to be shown on such return as may be required by regulations. Information required to be furnished by the partnership under this subsection may not be amended after the due date of the return under subsection (a) to which such information relates, except—
(1) in the case of a partnership which has elected the application of section 6221(b) for the taxable year,
(2) as provided in the procedures under section 6225(c),
(3) with respect to statements under section 6226, or
(4) as otherwise provided by the Secretary.
(c) Nominee reporting
Any person who holds an interest in a partnership as a nominee for another person—
(1) shall furnish to the partnership, in the manner prescribed by the Secretary, the name and address of such other person, and any other information for such taxable year as the Secretary may by form and regulation prescribe, and
(2) shall furnish in the manner prescribed by the Secretary such other person the information provided by such partnership under subsection (b).
(d) Separate statement of items of unrelated business taxable income
In the case of any partnership regularly carrying on a trade or business (within the meaning of section 512(c)(1)), the information required under subsection (b) to be furnished to its partners shall include such information as is necessary to enable each partner to compute its distributive share of partnership income or loss from such trade or business in accordance with section 512(a)(1), but without regard to the modifications described in paragraphs (8) through (15) of section 512(b).
(e) Foreign partnerships
(1) Exception for foreign partnership
Except as provided in paragraph (2), the preceding provisions of this section shall not apply to a foreign partnership.
(2) Certain foreign partnerships required to file return
Except as provided in regulations prescribed by the Secretary, this section shall apply to a foreign partnership for any taxable year if for such year, such partnership has—
(A) gross income derived from sources within the United States, or
(B) gross income which is effectively connected with the conduct of a trade or business within the United States.
The Secretary may provide simplified filing procedures for foreign partnerships to which this section applies.
(f) Electing investment partnerships
In the case of any electing investment partnership (as defined in section 743(e)(6)),1 the information required under subsection (b) to be furnished to any partner to whom section 743(e)(2) applies shall include such information as is necessary to enable the partner to compute the amount of losses disallowed under section 743(e).
(Aug. 16, 1954, ch. 736,
Editorial Notes
References in Text
Section 743(e)(6), referred to in subsec. (f), was redesignated section 743(e)(5) by
Amendments
2018—Subsec. (b).
2015—Subsec. (b).
2004—Subsec. (f).
1997—Subsec. (b).
Subsec. (e).
1988—Subsec. (d).
1986—Subsec. (b).
Subsec. (c).
1982—Subsec. (a).
Subsec. (b).
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2004 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 1223(a) of
Effective Date of 1988 Amendment
Effective Date of 1986 Amendment
Amendment by section 1501(c)(16) of
Effective Date of 1982 Amendment
Amendment by
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
Returns Required From All Partnerships With United States Partners
Special Rule for Certain International Satellite Partnerships
For provision that this section is not applicable to certain international satellite partnerships, see section 406 of
1 See References in Text note below.
§6032. Returns of banks with respect to common trust funds
Every bank (as defined in section 581) maintaining a common trust fund shall make a return for each taxable year, stating specifically, with respect to such fund, the items of gross income and the deductions allowed by subtitle A, and shall include in the return the names and addresses of the participants who would be entitled to share in the taxable income if distributed and the amount of the proportionate share of each participant. The return shall be executed in the same manner as a return made by a corporation pursuant to the requirements of sections 6012 and 6062.
(Aug. 16, 1954, ch. 736,
§6033. Returns by exempt organizations
(a) Organizations required to file
(1) In general
Except as provided in paragraph (3), every organization exempt from taxation under section 501(a) shall file an annual return, stating specifically the items of gross income, receipts, and disbursements, and such other information for the purpose of carrying out the internal revenue laws as the Secretary may by forms or regulations prescribe, and shall keep such records, render under oath such statements, make such other returns, and comply with such rules and regulations as the Secretary may from time to time prescribe; except that, in the discretion of the Secretary, any organization described in section 401(a) may be relieved from stating in its return any information which is reported in returns filed by the employer which established such organization.
(2) Being a party to certain reportable transactions
Every tax-exempt entity described in section 4965(c) shall file (in such form and manner and at such time as determined by the Secretary) a disclosure of—
(A) such entity's being a party to any prohibited tax shelter transaction (as defined in section 4965(e)), and
(B) the identity of any other party to such transaction which is known by such tax-exempt entity.
(3) Exceptions from filing
(A) Mandatory exceptions
Paragraph (1) shall not apply to—
(i) churches, their integrated auxiliaries, and conventions or associations of churches,
(ii) any organization (other than a private foundation, as defined in section 509(a)) described in subparagraph (C), the gross receipts of which in each taxable year are normally not more than $5,000, or
(iii) the exclusively religious activities of any religious order.
(B) Discretionary exceptions
The Secretary may relieve any organization required under paragraph (1) (other than an organization described in section 509(a)(3)) to file an information return from filing such a return where he determines that such filing is not necessary to the efficient administration of the internal revenue laws.
(C) Certain organizations
The organizations referred to in subparagraph (A)(ii) are—
(i) a religious organization described in section 501(c)(3);
(ii) an educational organization described in section 170(b)(1)(A)(ii);
(iii) a charitable organization, or an organization for the prevention of cruelty to children or animals, described in section 501(c)(3), if such organization is supported, in whole or in part, by funds contributed by the United States or any State or political subdivision thereof, or is primarily supported by contributions of the general public;
(iv) an organization described in section 501(c)(3), if such organization is operated, supervised, or controlled by or in connection with a religious organization described in clause (i);
(v) an organization described in section 501(c)(8); and
(vi) an organization described in section 501(c)(1), if such organization is a corporation wholly owned by the United States or any agency or instrumentality thereof, or a wholly-owned subsidiary of such a corporation.
(b) Certain organizations described in section 501(c)(3)
Every organization described in section 501(c)(3) which is subject to the requirements of subsection (a) shall furnish annually information, at such time and in such manner as the Secretary may by forms or regulations prescribe, setting forth—
(1) its gross income for the year,
(2) its expenses attributable to such income and incurred within the year,
(3) its disbursements within the year for the purposes for which it is exempt,
(4) a balance sheet showing its assets, liabilities, and net worth as of the beginning of such year,
(5) the total of the contributions and gifts received by it during the year, and the names and addresses of all substantial contributors,
(6) the names and addresses of its foundation managers (within the meaning of section 4946(b)(1)) and highly compensated employees,
(7) the compensation and other payments made during the year to each individual described in paragraph (6),
(8) in the case of an organization with respect to which an election under section 501(h) is effective for the taxable year, the following amounts for such organization for such taxable year:
(A) the lobbying expenditures (as defined in section 4911(c)(1)),
(B) the lobbying nontaxable amount (as defined in section 4911(c)(2)),
(C) the grass roots expenditures (as defined in section 4911(c)(3)), and
(D) the grass roots nontaxable amount (as defined in section 4911(c)(4)),
(9) such other information with respect to direct or indirect transfers to, and other direct or indirect transactions and relationships with, other organizations described in section 501(c) (other than paragraph (3) thereof) or section 527 as the Secretary may require to prevent—
(A) diversion of funds from the organization's exempt purpose, or
(B) misallocation of revenues or expenses,
(10) the respective amounts (if any) of the taxes imposed on the organization, or any organization manager of the organization, during the taxable year under any of the following provisions (and the respective amounts (if any) of reimbursements paid by the organization during the taxable year with respect to taxes imposed on any such organization manager under any of such provisions):
(A) section 4911 (relating to tax on excess expenditures to influence legislation),
(B) section 4912 (relating to tax on disqualifying lobbying expenditures of certain organizations),
(C) section 4955 (relating to taxes on political expenditures of section 501(c)(3) organizations), except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded, and
(D) section 4959 (relating to taxes on failures by hospital organizations),
(11) the respective amounts (if any) of—
(A) the taxes imposed with respect to the organization on any organization manager, or any disqualified person, during the taxable year under section 4958 (relating to taxes on private excess benefit from certain charitable organizations), and
(B) reimbursements paid by the organization during the taxable year with respect to taxes imposed under such section,
except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded,
(12) such information as the Secretary may require with respect to any excess benefit transaction (as defined in section 4958),
(13) such information with respect to disqualified persons as the Secretary may prescribe,
(14) such information as the Secretary may require with respect to disaster relief activities,
(15) in the case of an organization to which the requirements of section 501(r) apply for the taxable year—
(A) a description of how the organization is addressing the needs identified in each community health needs assessment conducted under section 501(r)(3) and a description of any such needs that are not being addressed together with the reasons why such needs are not being addressed, and
(B) the audited financial statements of such organization (or, in the case of an organization the financial statements of which are included in a consolidated financial statement with other organizations, such consolidated financial statement), and
(16) such other information for purposes of carrying out the internal revenue laws as the Secretary may require.
For purposes of paragraph (8), if section 4911(f) applies to the organization for the taxable year, such organization shall furnish the amounts with respect to the affiliated group as well as with respect to such organization.
(c) Additional provisions relating to private foundations
In the case of an organization which is a private foundation (within the meaning of section 509(a))—
(1) the Secretary shall by regulations provide that the private foundation shall include in its annual return under this section such information (not required to be furnished by subsection (b) or the forms or regulations prescribed thereunder) as would have been required to be furnished under section 6056 (relating to annual reports by private foundations) as such section 6056 was in effect on January 1, 1979, and
(2) the foundation managers shall furnish copies of the annual return under this section to such State officials, at such times, and under such conditions, as the Secretary may by regulations prescribe.
Nothing in paragraph (1) shall require the inclusion of the name and address of any recipient (other than a disqualified person within the meaning of section 4946) of 1 or more charitable gifts or grants made by the foundation to such recipient as an indigent or needy person if the aggregate of such gifts or grants made by the foundation to such recipient during the year does not exceed $1,000.
(d) Section to apply to nonexempt charitable trusts and nonexempt private foundations
The following organizations shall comply with the requirements of this section in the same manner as organizations described in section 501(c)(3) which are exempt from tax under section 501(a):
(1) Nonexempt charitable trusts
A trust described in section 4947(a)(1) (relating to nonexempt charitable trusts).
(2) Nonexempt private foundations
A private foundation which is not exempt from tax under section 501(a).
(e) Special rules relating to lobbying activities
(1) Reporting requirements
(A) In general
If this subsection applies to an organization for any taxable year, such organization—
(i) shall include on any return required to be filed under subsection (a) for such year information setting forth the total expenditures of the organization to which section 162(e)(1) applies and the total amount of the dues or other similar amounts paid to the organization to which such expenditures are allocable, and
(ii) except as provided in paragraphs (2)(A)(i) and (3), shall, at the time of assessment or payment of such dues or other similar amounts, provide notice to each person making such payment which contains a reasonable estimate of the portion of such dues or other similar amounts to which such expenditures are so allocable.
(B) Organizations to which subsection applies
(i) In general
This subsection shall apply to any organization which is exempt from taxation under section 501 other than an organization described in section 501(c)(3).
(ii) Special rule for in-house expenditures
This subsection shall not apply to the in-house expenditures (within the meaning of section 162(e)(4)(B)(ii)) of an organization for a taxable year if such expenditures do not exceed $2,000. In determining whether a taxpayer exceeds the $2,000 limit under this clause, there shall not be taken into account overhead costs otherwise allocable to activities described in subparagraphs (A) and (D) of section 162(e)(1).
(iii) Coordination with section 527(f)
This subsection shall not apply to any amount on which tax is imposed by reason of section 527(f).
(C) Allocation
For purposes of this paragraph—
(i) In general
Expenditures to which section 162(e)(1) applies shall be treated as paid out of dues or other similar amounts to the extent thereof.
(ii) Carryover of lobbying expenditures in excess of dues
If expenditures to which section 162(e)(1) applies exceed the dues or other similar amounts for any taxable year, such excess shall be treated as expenditures to which section 162(e)(1) applies which are paid or incurred by the organization during the following taxable year.
(2) Tax imposed where organization does not notify
(A) In general
If an organization—
(i) elects not to provide the notices described in paragraph (1)(A) for any taxable year, or
(ii) fails to include in such notices the amount allocable to expenditures to which section 162(e)(1) applies (determined on the basis of actual amounts rather than the reasonable estimates under paragraph (1)(A)(ii)),
then there is hereby imposed on such organization for such taxable year a tax in an amount equal to the product of the highest rate of tax imposed by section 11 for the taxable year and the aggregate amount not included in such notices by reason of such election or failure.
(B) Waiver where future adjustments made
The Secretary may waive the tax imposed by subparagraph (A)(ii) for any taxable year if the organization agrees to adjust its estimates under paragraph (1)(A)(ii) for the following taxable year to correct any failures.
(C) Tax treated as income tax
For purposes of this title, the tax imposed by subparagraph (A) shall be treated in the same manner as a tax imposed by
(3) Exception where dues generally nondeductible
Paragraph (1)(A) shall not apply to an organization which establishes to the satisfaction of the Secretary that substantially all of the dues or other similar amounts paid by persons to such organization are not deductible without regard to section 162(e).
(f) Certain organizations described in section 501(c)(4)
Every organization described in section 501(c)(4) which is subject to the requirements of subsection (a) shall include on the return required under subsection (a)—
(1) the information referred to in paragraphs (11), (12) and (13) of subsection (b) with respect to such organization, and
(2) in the case of the first such return filed by such an organization after submitting a notice to the Secretary under section 506(a), such information as the Secretary shall by regulation require in support of the organization's treatment as an organization described in section 501(c)(4).
(g) Returns required by political organizations
(1) In general
This section shall apply to a political organization (as defined by section 527(e)(1)) which has gross receipts of $25,000 or more for the taxable year. In the case of a political organization which is a qualified State or local political organization (as defined in section 527(e)(5)), the preceding sentence shall be applied by substituting "$100,000" for "$25,000".
(2) Annual returns
Political organizations described in paragraph (1) shall file an annual return—
(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), with such modifications as the Secretary considers appropriate to require only information which is necessary for the purposes of carrying out section 527, and
(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection.
(3) Mandatory exceptions from filing
Paragraph (2) shall not apply to an organization—
(A) which is a State or local committee of a political party, or political committee of a State or local candidate,
(B) which is a caucus or association of State or local officials,
(C) which is an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971) of a candidate for Federal office,
(D) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971) of a political party,
(E) which is a United States House of Representatives or United States Senate campaign committee of a political party committee,
(F) which is required to report under the Federal Election Campaign Act of 1971 as a political committee (as defined in section 301(4) of such Act), or
(G) to which section 527 applies for the taxable year solely by reason of subsection (f)(1) of such section.
(4) Discretionary exception
The Secretary may relieve any organization required under paragraph (2) to file an information return from filing such a return if the Secretary determines that such filing is not necessary to the efficient administration of the internal revenue laws.
(h) Controlling organizations
Each controlling organization (within the meaning of section 512(b)(13)) which is subject to the requirements of subsection (a) shall include on the return required under subsection (a)—
(1) any interest, annuities, royalties, or rents received from each controlled entity (within the meaning of section 512(b)(13)),
(2) any loans made to each such controlled entity, and
(3) any transfers of funds between such controlling organization and each such controlled entity.
(i) Additional notification requirements
Any organization the gross receipts of which in any taxable year result in such organization being referred to in subsection (a)(3)(A)(ii) or (a)(3)(B)—
(1) shall furnish annually, in electronic form, and at such time and in such manner as the Secretary may by regulations prescribe, information setting forth—
(A) the legal name of the organization,
(B) any name under which such organization operates or does business,
(C) the organization's mailing address and Internet web site address (if any),
(D) the organization's taxpayer identification number,
(E) the name and address of a principal officer, and
(F) evidence of the continuing basis for the organization's exemption from the filing requirements under subsection (a)(1), and
(2) upon the termination of the existence of the organization, shall furnish notice of such termination.
(j) Loss of exempt status for failure to file return or notice
(1) In general
(A) Notice
If an organization described in subsection (a)(1) or (i) fails to file the annual return or notice required under either subsection for 2 consecutive years, the Secretary shall notify the organization—
(i) that the Internal Revenue Service has no record of such a return or notice from such organization for 2 consecutive years, and
(ii) about the revocation that will occur under subparagraph (B) if the organization fails to file such a return or notice by the due date for the next such return or notice required to be filed.
The notification under the preceding sentence shall include information about how to comply with the filing requirements under subsections (a)(1) and (i).
(B) Revocation
If an organization described in subsection (a)(1) or (i) fails to file an annual return or notice required under either subsection for 3 consecutive years, such organization's status as an organization exempt from tax under section 501(a) shall be considered revoked on and after the date set by the Secretary for the filing of the third annual return or notice. The Secretary shall publish and maintain a list of any organization the status of which is so revoked.
(2) Application necessary for reinstatement
Any organization the tax-exempt status of which is revoked under paragraph (1) must apply in order to obtain reinstatement of such status regardless of whether such organization was originally required to make such an application.
(3) Retroactive reinstatement if reasonable cause shown for failure
If, upon application for reinstatement of status as an organization exempt from tax under section 501(a), an organization described in paragraph (1) can show to the satisfaction of the Secretary evidence of reasonable cause for the failure described in such paragraph, the organization's exempt status may, in the discretion of the Secretary, be reinstated effective from the date of the revocation under such paragraph.
(k) Additional provisions relating to sponsoring organizations
Every organization described in section 4966(d)(1) shall, on the return required under subsection (a) for the taxable year—
(1) list the total number of donor advised funds (as defined in section 4966(d)(2)) it owns at the end of such taxable year,
(2) indicate the aggregate value of assets held in such funds at the end of such taxable year, and
(3) indicate the aggregate contributions to and grants made from such funds during such taxable year.
(l) Additional provisions relating to supporting organizations
Every organization described in section 509(a)(3) shall, on the return required under subsection (a)—
(1) list the supported organizations (as defined in section 509(f)(3)) with respect to which such organization provides support,
(2) indicate whether the organization meets the requirements of clause (i), (ii), or (iii) of section 509(a)(3)(B), and
(3) certify that the organization meets the requirements of section 509(a)(3)(C).
(m) Additional information required from CO–OP insurers
An organization described in section 501(c)(29) shall include on the return required under subsection (a) the following information:
(1) The amount of the reserves required by each State in which the organization is licensed to issue qualified health plans.
(2) The amount of reserves on hand.
(n) Mandatory electronic filing
Any organization required to file a return under this section shall file such return in electronic form.
(o) Cross references
For provisions relating to statements, etc., regarding exempt status of organizations, see section 6001.
For reporting requirements as to certain liquidations, dissolutions, terminations, and contractions, see section 6043(b). For provisions relating to penalties for failure to file a return required by this section, see section 6652(c).
For provisions relating to information required in connection with certain plans of deferred compensation, see section 6058.
(Aug. 16, 1954, ch. 736,
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under
Editorial Notes
References in Text
The Federal Election Campaign Act of 1971, referred to in subsec. (g)(3)(F), is
Codification
Sections 1205(b)(1), 1223(a), (b), 1235(a)(1), and 1245(a), (b) of
Amendments
2019—Subsec. (j)(1).
Subsecs. (n), (o).
2018—Subsec. (b)(14).
Subsec. (b)(15)(B).
2017—Subsec. (e)(1)(B)(ii).
2015—Subsec. (f).
2010—Subsec. (b)(10)(D).
Subsec. (b)(15), (16).
Subsecs. (m), (n).
2008—Subsec. (b)(14), (15).
2006—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(3)(B).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (l).
Subsec. (m).
2002—Subsec. (g).
"(1) such organization shall file a return—
"(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), and
"(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection, and
"(2) subsection (a)(2)(B) (relating to discretionary exceptions) shall apply with respect to such return."
2000—Subsecs. (g), (h).
1998—Subsec. (c).
1997—Subsec. (b)(10).
Subsec. (b)(10)(C).
Subsec. (b)(11).
1996—Subsec. (b)(10) to (14).
Subsec. (e)(1)(B)(i).
Subsec. (e)(1)(B)(iii).
Subsecs. (f), (g).
1993—Subsecs. (e), (f).
1987—Subsec. (b)(9), (10).
1986—Subsec. (e).
1980—Subsecs. (c) to (e).
1976—Subsec. (a)(1), (2).
Subsec. (b).
1974—Subsec. (c).
1969—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (c).
1958—Subsec. (b)(8).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by section 3101(a) of
Effective Date of 2017 Amendment
Amendment by
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2010 Amendment
Amendment by section 9007(d) of
Effective Date of 2008 Amendment
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendments
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1987 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Effective Date of 1976 Amendment
Amendment by section 1307(a)(4) of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Savings Provision
For provisions that amendment made by section 401(d)(6)(B)(v) of
For provisions that nothing in amendment by section 401(d)(6)(B)(v) of
Secretarial Outreach Requirements
"(1)
"(A) by mail, in the case of any organization the identity and address of which is included in the list of exempt organizations maintained by the Secretary, and
"(B) by Internet or other means of outreach, in the case of any other organization.
"(2)
§6034. Returns by certain trusts
(a) Split-interest trusts
Every trust described in section 4947(a)(2) shall furnish such information with respect to the taxable year as the Secretary may by forms or regulations require.
(b) Trusts claiming certain charitable deductions
(1) In general
Every trust not required to file a return under subsection (a) but claiming a deduction under section 642(c) for the taxable year shall furnish such information with respect to such taxable year as the Secretary may by forms or regulations prescribe, including—
(A) the amount of the deduction taken under section 642(c) within such year,
(B) the amount paid out within such year which represents amounts for which deductions under section 642(c) have been taken in prior years,
(C) the amount for which such deductions have been taken in prior years but which has not been paid out at the beginning of such year,
(D) the amount paid out of principal in the current and prior years for the purposes described in section 642(c),
(E) the total income of the trust within such year and the expenses attributable thereto, and
(F) a balance sheet showing the assets, liabilities, and net worth of the trust as of the beginning of such year.
(2) Exceptions
Paragraph (1) shall not apply to a trust for any taxable year if—
(A) all the net income for such year, determined under the applicable principles of the law of trusts, is required to be distributed currently to the beneficiaries, or
(B) the trust is described in section 4947(a)(1).
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
2006—
1986—Subsec. (c).
1980—
Subsec. (a).
Subsec. (b).
1976—Subsec. (a).
1969—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
§6034A. Information to beneficiaries of estates and trusts
(a) General rule
The fiduciary of any estate or trust required to file a return under section 6012(a) for any taxable year shall, on or before the date on which such return was required to be filed, furnish to each beneficiary (or nominee thereof)—
(1) who receives a distribution from such estate or trust with respect to such taxable year, or
(2) to whom any item with respect to such taxable year is allocated,
a statement containing such information required to be shown on such return as the Secretary may prescribe.
(b) Nominee reporting
Any person who holds an interest in an estate or trust as a nominee for another person—
(1) shall furnish to the estate or trust, in the manner prescribed by the Secretary, the name and address of such other person, and any other information for the taxable year as the Secretary may by form and regulations prescribe, and
(2) shall furnish in the manner prescribed by the Secretary to such other person the information provided by the estate or trust under subsection (a).
(c) Beneficiary's return must be consistent with estate or trust return or Secretary notified of inconsistency
(1) In general
A beneficiary of any estate or trust to which subsection (a) applies shall, on such beneficiary's return, treat any reported item in a manner which is consistent with the treatment of such item on the applicable entity's return.
(2) Notification of inconsistent treatment
(A) In general
In the case of any reported item, if—
(i)(I) the applicable entity has filed a return but the beneficiary's treatment on such beneficiary's return is (or may be) inconsistent with the treatment of the item on the applicable entity's return, or
(II) the applicable entity has not filed a return, and
(ii) the beneficiary files with the Secretary a statement identifying the inconsistency,
paragraph (1) shall not apply to such item.
(B) Beneficiary receiving incorrect information
A beneficiary shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a reported item if the beneficiary—
(i) demonstrates to the satisfaction of the Secretary that the treatment of the reported item on the beneficiary's return is consistent with the treatment of the item on the statement furnished under subsection (a) to the beneficiary by the applicable entity, and
(ii) elects to have this paragraph apply with respect to that item.
(3) Effect of failure to notify
In any case—
(A) described in subparagraph (A)(i)(I) of paragraph (2), and
(B) in which the beneficiary does not comply with subparagraph (A)(ii) of paragraph (2),
any adjustment required to make the treatment of the items by such beneficiary consistent with the treatment of the items on the applicable entity's return shall be treated as arising out of mathematical or clerical errors and assessed according to section 6213(b)(1). Paragraph (2) of section 6213(b) shall not apply to any assessment referred to in the preceding sentence.
(4) Definitions
For purposes of this subsection—
(A) Reported item
The term "reported item" means any item for which information is required to be furnished under subsection (a).
(B) Applicable entity
The term "applicable entity" means the estate or trust of which the taxpayer is the beneficiary.
(5) Addition to tax for failure to comply with section
For addition to tax in the case of a beneficiary's negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of
(Added
Editorial Notes
Amendments
1997—Subsec. (c).
1986—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Effective Date of 1986 Amendment
Amendment by section 1501(c)(15) of
Effective Date
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§6035. Basis information to persons acquiring property from decedent
(a) Information with respect to property acquired from decedents
(1) In general
The executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent's gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe.
(2) Statements by beneficiaries
Each person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1).
(3) Time for furnishing statement
(A) In general
Each statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of—
(i) the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or
(ii) the date which is 30 days after the date such return is filed.
(B) Adjustments
In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made.
(b) Regulations
The Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to—
(1) the application of this section to property with regard to which no estate tax return is required to be filed, and
(2) situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property.
(Added
Editorial Notes
Prior Provisions
A prior section 6035, act Aug. 16, 1954, ch. 736,
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to property with respect to which an estate tax return is filed after July 31, 2015, see section 2004(d) of
§6036. Notice of qualification as executor or receiver
Every receiver, trustee in a case under
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1980—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
§6037. Return of S corporation
(a) In general
Every S corporation shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by subtitle A, the names and addresses of all persons owning stock in the corporation at any time during the taxable year, the number of shares of stock owned by each shareholder at all times during the taxable year, the amount of money and other property distributed by the corporation during the taxable year to each shareholder, the date of each such distribution, each shareholder's pro rata share of each item of the corporation for the taxable year, and such other information, for the purpose of carrying out the provisions of subchapter S of
(b) Copies to shareholders
Each S corporation required to file a return under subsection (a) for any taxable year shall (on or before the day on which the return for such taxable year was filed) furnish to each person who is a shareholder at any time during such taxable year a copy of such information shown on such return as may be required by regulations.
(c) Shareholder's return must be consistent with corporate return or Secretary notified of inconsistency
(1) In general
A shareholder of an S corporation shall, on such shareholder's return, treat a subchapter S item in a manner which is consistent with the treatment of such item on the corporate return.
(2) Notification of inconsistent treatment
(A) In general
In the case of any subchapter S item, if—
(i)(I) the corporation has filed a return but the shareholder's treatment on his return is (or may be) inconsistent with the treatment of the item on the corporate return, or
(II) the corporation has not filed a return, and
(ii) the shareholder files with the Secretary a statement identifying the inconsistency,
paragraph (1) shall not apply to such item.
(B) Shareholder receiving incorrect information
A shareholder shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a subchapter S item if the shareholder—
(i) demonstrates to the satisfaction of the Secretary that the treatment of the subchapter S item on the shareholder's return is consistent with the treatment of the item on the schedule furnished to the shareholder by the corporation, and
(ii) elects to have this paragraph apply with respect to that item.
(3) Effect of failure to notify
In any case—
(A) described in subparagraph (A)(i)(I) of paragraph (2), and
(B) in which the shareholder does not comply with subparagraph (A)(ii) of paragraph (2),
any adjustment required to make the treatment of the items by such shareholder consistent with the treatment of the items on the corporate return shall be treated as arising out of mathematical or clerical errors and assessed according to section 6213(b)(1). Paragraph (2) of section 6213(b) shall not apply to any assessment referred to in the preceding sentence.
(4) Subchapter S item
For purposes of this subsection, the term "subchapter S item" means any item of an S corporation to the extent that regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the corporation level than at the shareholder level.
(5) Addition to tax for failure to comply with section
For addition to tax in the case of a shareholder's negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of
(Added
Editorial Notes
Prior Provisions
A prior section 6037 was renumbered
Amendments
1996—Subsec. (c).
1984—
1982—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section applicable only with respect to taxable years beginning after Dec. 31, 1957, see section 64(e) of
§6038. Information reporting with respect to certain foreign corporations and partnerships
(a) Requirement
(1) In general
Every United States person shall furnish, with respect to any foreign business entity which such person controls, such information as the Secretary may prescribe relating to—
(A) the name, the principal place of business, and the nature of business of such entity, and the country under whose laws such entity is incorporated (or organized in the case of a partnership);
(B) in the case of a foreign corporation, its post-1986 undistributed earnings (as defined in section 902(c)); 1
(C) a balance sheet for such entity listing assets, liabilities, and capital;
(D) transactions between such entity and—
(i) such person,
(ii) any corporation or partnership which such person controls, and
(iii) any United States person owning, at the time the transaction takes place—
(I) in the case of a foreign corporation, 10 percent or more of the value of any class of stock outstanding of such corporation, and
(II) in the case of a foreign partnership, at least a 10-percent interest in such partnership; and
(E)(i) in the case of a foreign corporation, a description of the various classes of stock outstanding, and a list showing the name and address of, and number of shares held by, each United States person who is a shareholder of record owning at any time during the annual accounting period 5 percent or more in value of any class of stock outstanding of such foreign corporation, and
(ii) information comparable to the information described in clause (i) in the case of a foreign partnership.
The Secretary may also require the furnishing of any other information which is similar or related in nature to that specified in the preceding sentence or which the Secretary determines to be appropriate to carry out the provisions of this title.
(2) Period for which information is to be furnished, etc.
The information required under paragraph (1) shall be furnished for the annual accounting period of the foreign business entity ending with or within the United States person's taxable year. The information so required shall be furnished at such time and in such manner as the Secretary shall prescribe.
(3) Limitation
No information shall be required to be furnished under this subsection with respect to any foreign business entity for any annual accounting period unless the Secretary has prescribed the furnishing of such information on or before the first day of such annual accounting period.
(4) Information required from certain shareholders in certain cases
If any foreign corporation is treated as a controlled foreign corporation for any purpose under subpart F of part III of subchapter N of
(5) Information required from 10-percent partner of controlled foreign partnership
In the case of a foreign partnership which is controlled by United States persons holding at least 10-percent interests (but not by any one United States person), the Secretary may require each United States person who holds a 10-percent interest in such partnership to furnish information relating to such partnership, including information relating to such partner's ownership interests in the partnership and allocations to such partner of partnership items.
(b) Dollar penalty for failure to furnish information
(1) In general
If any person fails to furnish, within the time prescribed under paragraph (2) of subsection (a), any information with respect to any foreign business entity required under paragraph (1) of subsection (a), such person shall pay a penalty of $10,000 for each annual accounting period with respect to which such failure exists.
(2) Increase in penalty where failure continues after notification
If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the United States person, such person shall pay a penalty (in addition to the amount required under paragraph (1)) of $10,000 for each 30-day period (or fraction thereof) during which such failure continues with respect to any annual accounting period after the expiration of such 90-day period. The increase in any penalty under this paragraph shall not exceed $50,000.
(c) Penalty of reducing foreign tax credit
(1) In general
If a United States person fails to furnish, within the time prescribed under paragraph (2) of subsection (a), any information with respect to any foreign business entity required under paragraph (1) of subsection (a), then—
(A) in applying section 901 (relating to taxes of foreign countries and possessions of the United States) to such United States person for the taxable year, the amount of taxes (other than taxes reduced under subparagraph (B)) paid or deemed paid (other than those deemed paid under section 904(c)) to any foreign country or possession of the United States for the taxable year shall be reduced by 10 percent, and
(B) in the case of a foreign business entity which is a foreign corporation, in applying section 960 to any such United States person which is a corporation (or to any person who acquires from any other person any portion of the interest of such other person in any such foreign corporation, but only to the extent of such portion) for any taxable year, the amount of taxes paid or deemed paid by each foreign corporation with respect to which such person is required to furnish information during the annual accounting period or periods with respect to which such information is required under paragraph (2) of subsection (a) shall be reduced by 10 percent.
If such failure continues 90 days or more after notice of such failure by the Secretary to the United States person, then the amount of the reduction under this paragraph shall be 10 percent plus an additional 5 percent for each 3-month period, or fraction thereof, during which such failure to furnish information continues after the expiration of such 90-day period.
(2) Limitation
The amount of the reduction under paragraph (1) for each failure to furnish information with respect to a foreign business entity required under subsection (a)(1) shall not exceed whichever of the following amounts is the greater:
(A) $10,000, or
(B) the income of the foreign business entity for its annual accounting period with respect to which the failure occurs.
(3) Coordination with subsection (b)
The amount of the reduction which (but for this paragraph) would be made under paragraph (1) with respect to any annual accounting period shall be reduced by the amount of the penalty imposed by subsection (b) with respect to such period.
(4) Special rules
(A) No taxes shall be reduced under this subsection more than once for the same failure.
(B) For purposes of this subsection and subsection (b), the time prescribed under paragraph (2) of subsection (a) to furnish information (and the beginning of the 90-day period after notice by the Secretary) shall be treated as being not earlier than the last day on which (as shown to the satisfaction of the Secretary) reasonable cause existed for failure to furnish such information.
(d) Two or more persons required to furnish information with respect to same foreign corporation
Where, but for this subsection, two or more United States persons would be required to furnish information under subsection (a) with respect to the same foreign business entity for the same period, the Secretary may by regulations provide that such information shall be required only from one person. To the extent practicable, the determination of which person shall furnish the information shall be made on the basis of actual ownership of stock.
(e) Definitions
For purposes of this section—
(1) Foreign business entity
The term "foreign business entity" means a foreign corporation and a foreign partnership.
(2) Control of corporation
A person is in control of a corporation if such person owns stock possessing more than 50 percent of the total combined voting power of all classes of stock entitled to vote, or more than 50 percent of the total value of shares of all classes of stock, of a corporation. If a person is in control (within the meaning of the preceding sentence) of a corporation which in turn owns more than 50 percent of the total combined voting power of all classes of stock entitled to vote of another corporation, or owns more than 50 percent of the total value of the shares of all classes of stock of another corporation, then such person shall be treated as in control of such other corporation. For purposes of this paragraph, the rules prescribed by section 318(a) for determining ownership of stock shall apply; except that—
(A) subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person, and
(B) in applying subparagraph (C) of section 318(a)(2), the phrase "10 percent" shall be substituted for the phrase "50 percent" used in subparagraph (C).
(3) Partnership-related definitions
(A) Control
A person is in control of a partnership if such person owns directly or indirectly more than a 50 percent interest in such partnership.
(B) 50-percent interest
For purposes of subparagraph (A), a 50-percent interest in a partnership is—
(i) an interest equal to 50 percent of the capital interest, or 50 percent of the profits interest, in such partnership, or
(ii) to the extent provided in regulations, an interest to which 50 percent of the deductions or losses of such partnership are allocated.
For purposes of the preceding sentence, rules similar to the rules of section 267(c) (other than paragraph (3)) shall apply.
(C) 10-percent interest
A 10-percent interest in a partnership is an interest which would be described in subparagraph (B) if "10 percent" were substituted for "50 percent" each place it appears.
(4) Annual accounting period
The annual accounting period of a foreign business entity is the annual period on the basis of which such foreign business entity regularly computes its income in keeping its books. In the case of a specified foreign business entity (as defined in section 898), the taxable year of such foreign business entity shall be treated as its annual accounting period.
(f) Cross references
(1) For provisions relating to penalties for violations of this section, see section 7203.
(2) For definition of the term "United States person", see section 7701(a)(30).
(Added
Editorial Notes
References in Text
Section 902, referred to in subsec. (a)(1)(B), was repealed by
Prior Provisions
A prior section 6038 was renumbered
Amendments
2017—Subsec. (c)(1)(B).
Subsec. (c)(4)(C).
1998—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (e)(4).
1997—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (a)(5).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
1996—Subsec. (a)(1)(E), (F).
Subsec. (e).
Subsec. (e)(2).
Subsec. (f).
1990—Subsec. (e)(2).
1989—Subsec. (a)(1).
Subsec. (a)(4).
1986—Subsec. (a)(1)(B).
Subsec. (a)(1)(F).
Subsec. (c)(4)(C).
1982—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1976—Subsecs. (a), (b).
Subsec. (b)(1).
Subsec. (c).
1964—Subsec. (d)(1).
1962—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Effective Date of 1986 Amendment
Amendment by section 1202(c) of
Amendment by section 1245(b)(5) of
Effective Date of 1982 Amendment
Effective Date of 1964 Amendment
Amendment by
Effective Date of 1962 Amendment
Effective Date
1 See References in Text note below.
§6038A. Information with respect to certain foreign-owned corporations
(a) Requirement
If, at any time during a taxable year, a corporation (hereinafter in this section referred to as the "reporting corporation")—
(1) is a domestic corporation, and
(2) is 25-percent foreign-owned,
such corporation shall furnish, at such time and in such manner as the Secretary shall by regulations prescribe, the information described in subsection (b) and such corporation shall maintain (in the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to determine the correct treatment of transactions with related parties as the Secretary shall by regulations prescribe (or shall cause another person to so maintain such records).
(b) Required information
(1) In general
For purposes of subsection (a), the information described in this subsection is such information as the Secretary prescribes by regulations relating to—
(A) the name, principal place of business, nature of business, and country or countries in which organized or resident, of each person which—
(i) is a related party to the reporting corporation, and
(ii) had any transaction with the reporting corporation during its taxable year,
(B) the manner in which the reporting corporation is related to each person referred to in subparagraph (A), and
(C) transactions between the reporting corporation and each foreign person which is a related party to the reporting corporation.
(2) Additional information regarding base erosion payments
For purposes of subsection (a) and section 6038C, if the reporting corporation or the foreign corporation to whom section 6038C applies is an applicable taxpayer, the information described in this subsection shall include—
(A) such information as the Secretary determines necessary to determine the base erosion minimum tax amount, base erosion payments, and base erosion tax benefits of the taxpayer for purposes of section 59A for the taxable year, and
(B) such other information as the Secretary determines necessary to carry out such section.
For purposes of this paragraph, any term used in this paragraph which is also used in section 59A shall have the same meaning as when used in such section.
(c) Definitions
For purposes of this section—
(1) 25-percent foreign-owned
A corporation is 25-percent foreign-owned if at least 25 percent of—
(A) the total voting power of all classes of stock of such corporation entitled to vote, or
(B) the total value of all classes of stock of such corporation,
is owned at any time during the taxable year by 1 foreign person (hereinafter in this section referred to as a "25-percent foreign shareholder").
(2) Related party
The term "related party" means—
(A) any 25-percent foreign shareholder of the reporting corporation,
(B) any person who is related (within the meaning of section 267(b) or 707(b)(1)) to the reporting corporation or to a 25-percent foreign shareholder of the reporting corporation, and
(C) any other person who is related (within the meaning of section 482) to the reporting corporation.
(3) Foreign person
The term "foreign person" means any person who is not a United States person. For purposes of the preceding sentence, the term "United States person" has the meaning given to such term by section 7701(a)(30), except that any individual who is a citizen of any possession of the United States (but not otherwise a citizen of the United States) and who is not a resident of the United States shall not be treated as a United States person.
(4) Records
The term "records" includes any books, papers, or other data.
(5) Section 318 to apply
Section 318 shall apply for purposes of paragraphs (1) and (2), except that—
(A) "10 percent" shall be substituted for "50 percent" in section 318(a)(2)(C), and
(B) subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person.
(d) Penalty for failure to furnish information or maintain records
(1) In general
If a reporting corporation—
(A) fails to furnish (within the time prescribed by regulations) any information described in subsection (b), or
(B) fails to maintain (or cause another to maintain) records as required by subsection (a),
such corporation shall pay a penalty of $25,000 for each taxable year with respect to which such failure occurs.
(2) Increase in penalty where failure continues after notification
If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the reporting corporation, such corporation shall pay a penalty (in addition to the amount required under paragraph (1)) of $25,000 for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period.
(3) Reasonable cause
For purposes of this subsection, the time prescribed by regulations to furnish information or maintain records (and the beginning of the 90-day period after notice by the Secretary) shall be treated as not earlier than the last day on which (as shown to the satisfaction of the Secretary) reasonable cause existed for failure to furnish the information or maintain the records.
(e) Enforcement of requests for certain records
(1) Agreement to treat corporation as agent
The rules of paragraph (3) shall apply to any transaction between the reporting corporation and any related party who is a foreign person unless such related party agrees (in such manner and at such time as the Secretary shall prescribe) to authorize the reporting corporation to act as such related party's limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to any request by the Secretary to examine records or produce testimony related to any such transaction or with respect to any summons by the Secretary for such records or testimony. The appearance of persons or production of records by reason of the reporting corporation being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of any transaction between the reporting corporation and such related party.
(2) Rules where information not furnished
If—
(A) for purposes of determining the correct treatment under this title of any transaction between the reporting corporation and a related party who is a foreign person, the Secretary issues a summons to such corporation to produce (either directly or as agent for such related party) any records or testimony,
(B) such summons is not quashed in a proceeding begun under paragraph (4) and is not determined to be invalid in a proceeding begun under section 7604(b) to enforce such summons, and
(C) the reporting corporation does not substantially comply in a timely manner with such summons and the Secretary has sent by certified or registered mail a notice to such reporting corporation that such reporting corporation has not so substantially complied,
the Secretary may apply the rules of paragraph (3) with respect to such transaction (whether or not the Secretary begins a proceeding to enforce such summons). If the reporting corporation fails to maintain (or cause another to maintain) records as required by subsection (a), and by reason of that failure, the summons is quashed in a proceeding described in subparagraph (B) or the reporting corporation is not able to provide the records requested in the summons, the Secretary may apply the rules of paragraph (3) with respect to any transaction to which the records relate.
(3) Applicable rules in cases of noncompliance
If the rules of this paragraph apply to any transaction—
(A) the amount of the deduction allowed under subtitle A for any amount paid or incurred by the reporting corporation to the related party in connection with such transaction, and
(B) the cost to the reporting corporation of any property acquired in such transaction from the related party (or transferred by such corporation in such transaction to the related party),
shall be the amount determined by the Secretary in the Secretary's sole discretion from the Secretary's own knowledge or from such information as the Secretary may obtain through testimony or otherwise.
(4) Judicial proceedings
(A) Proceedings to quash
Notwithstanding any law or rule of law, any reporting corporation to which the Secretary issues a summons referred to in paragraph (2)(A) shall have the right to begin a proceeding to quash such summons not later than the 90th day after such summons was issued. In any such proceeding, the Secretary may seek to compel compliance with such summons.
(B) Review of secretarial determination of noncompliance
Notwithstanding any law or rule of law, any reporting corporation which has been notified by the Secretary that the Secretary has determined that such corporation has not substantially complied with a summons referred to in paragraph (2) shall have the right to begin a proceeding to review such determination not later than the 90th day after the day on which the notice referred to in paragraph (2)(C) was mailed. If such a proceeding is not begun on or before such 90th day, such determination by the Secretary shall be binding and shall not be reviewed by any court.
(C) Jurisdiction
The United States district court for the district in which the person (to whom the summons is issued) resides or is found shall have jurisdiction to hear any proceeding brought under subparagraph (A) or (B). Any order or other determination in such a proceeding shall be treated as a final order which may be appealed.
(D) Suspension of statute of limitations
If the reporting corporation brings an action under subparagraph (A) or (B), the running of any period of limitations under section 6501 (relating to assessment and collection of tax) or under section 6531 (relating to criminal prosecutions) with respect to any affected taxable year shall be suspended for the period during which such proceeding, and appeals therein, are pending. In no event shall any such period expire before the 90th day after the day on which there is a final determination in such proceeding. For purposes of this subparagraph, the term "affected taxable year" means any taxable year if the determination of the amount of tax imposed for such taxable year is affected by the treatment of the transaction to which the summons relates.
(f) Cross reference
For provisions relating to criminal penalties for violation of this section, see section 7203.
(Added
Editorial Notes
Amendments
2017—Subsec. (b).
Subsec. (d)(1), (2).
1996—Subsec. (b)(2) to (4).
Subsec. (e)(4)(D).
1990—Subsec. (a)(1).
Subsec. (c)(3) to (6).
1989—Subsec. (a).
Subsec. (a)(2).
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
1986—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (c)(2).
"(A) 'at least 50 percent' shall be substituted—
"(i) for 'at least 80 percent' each place it appears in section 1563(a)(1), and
"(ii) for 'more than 50 percent' each place it appears in section 1563(a)(2)(B), and
"(B) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), and (e)(3)(C) of section 1563."
1984—Subsec. (c)(1).
1983—Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1702(c)(5) of
Effective Date of 1990 Amendment
"(1) any requirement to furnish information under section 6038C(a) of the Internal Revenue Code of 1986 (as added by this section) if the time for furnishing such information under such section is after the date of the enactment of this Act [Nov. 5, 1990],
"(2) any requirement under such section 6038C(a) to maintain records which were in existence on or after March 20, 1990,
"(3) any requirement to authorize a corporation to act as a limited agent under section 6038C(d)(1) of such Code (as so added) if the time for authorizing such action is after the date of the enactment of this Act, and
"(4) any summons issued after such date of enactment,
without regard to when the taxable year (to which the information, records, authorization, or summons relates) began."
Effective Date of 1989 Amendment
Effective Date of 1986 Amendment
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date
Applicability of 1989 Amendment
"(a)
"(1) any requirement to furnish information under section 6038A(a) of the Internal Revenue Code of 1986 (as amended by such section 7403) if the time for furnishing such information under such section is after the date of the enactment of this Act [Nov. 5, 1990],
"(2) any requirement under such section 6038A(a) to maintain records which were in existence on or after March 20, 1990,
"(3) any requirement to authorize a corporation to act as a limited agent under section 6038A(e)(1) of such Code (as so amended) if the time for authorizing such action is after the date of the enactment of this Act, and
"(4) any summons issued after such date of enactment,
without regard to when the taxable year (to which the information, records, authorization, or summons relates) began. Such amendments shall also apply in any case to which they would apply without regard to this section.
"(b)
§6038B. Notice of certain transfers to foreign persons
(a) In general
Each United States person who—
(1) transfers property to—
(A) a foreign corporation in an exchange described in section 332, 351, 354, 355, 356, or 361, or
(B) a foreign partnership in a contribution described in section 721 or in any other contribution described in regulations prescribed by the Secretary, or
(2) makes a distribution described in section 336 to a person who is not a United States person,
shall furnish to the Secretary, at such time and in such manner as the Secretary shall by regulations prescribe, such information with respect to such exchange or distribution as the Secretary may require in such regulations.
(b) Exceptions for certain transfers to foreign partnerships; special rule
(1) Exceptions
Subsection (a)(1)(B) shall apply to a transfer by a United States person to a foreign partnership only if—
(A) the United States person holds (immediately after the transfer) directly or indirectly at least a 10-percent interest (as defined in section 6046A(d)) in the partnership, or
(B) the value of the property transferred (when added to the value of the property transferred by such person or any related person to such partnership or a related partnership during the 12-month period ending on the date of the transfer) exceeds $100,000.
For purposes of the preceding sentence, the value of any transferred property is its fair market value at the time of its transfer.
(2) Special rule
If by reason of an adjustment under section 482 or otherwise, a contribution described in subsection (a)(1) is deemed to have been made, such contribution shall be treated for purposes of this section as having been made not earlier than the date specified by the Secretary.
(c) Penalty for failure to furnish information
(1) In general
If any United States person fails to furnish the information described in subsection (a) at the time and in the manner required by regulations, such person shall pay a penalty equal to 10 percent of the fair market value of the property at the time of the exchange (and, in the case of a contribution described in subsection (a)(1)(B), such person shall recognize gain as if the contributed property had been sold for such value at the time of such contribution).
(2) Reasonable cause exception
Paragraph (1) shall not apply to any failure if the United States person shows such failure is due to reasonable cause and not to willful neglect.
(3) Limit on penalty
The penalty under paragraph (1) with respect to any exchange shall not exceed $100,000 unless the failure with respect to such exchange was due to intentional disregard.
(Added
Editorial Notes
Amendments
2005—Subsec. (a)(1)(B).
1998—Subsec. (c).
1997—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendment
Effective Date
Section applicable to transfers or exchanges after Dec. 31, 1984, in taxable years ending after such date, with special rules for certain transfers and ruling requests before Mar. 1, 1984, see section 131(g) of
Election of Retroactive Effect
§6038C. Information with respect to foreign corporations engaged in U.S. business
(a) Requirement
If a foreign corporation (hereinafter in this section referred to as the "reporting corporation") is engaged in a trade or business within the United States at any time during a taxable year—
(1) such corporation shall furnish (at such time and in such manner as the Secretary shall by regulations prescribe) the information described in subsection (b), and
(2) such corporation shall maintain (at the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to determine the liability of such corporation for tax under this title as the Secretary shall by regulations prescribe (or shall cause another person to so maintain such records).
(b) Required information
For purposes of subsection (a), the information described in this subsection is—
(1) the information described in section 6038A(b), and
(2) such other information as the Secretary may prescribe by regulations relating to any item not directly connected with a transaction for which information is required under paragraph (1).
(c) Penalty for failure to furnish information or maintain records
The provisions of subsection (d) of section 6038A shall apply to—
(1) any failure to furnish (within the time prescribed by regulations) any information described in subsection (b), and
(2) any failure to maintain (or cause another to maintain) records as required by subsection (a),
in the same manner as if such failure were a failure to comply with the provisions of section 6038A.
(d) Enforcement of requests for certain records
(1) Agreement to treat corporation as agent
The rules of paragraph (3) shall apply to any transaction between the reporting corporation and any related party who is a foreign person unless such related party agrees (in such manner and at such time as the Secretary shall prescribe) to authorize the reporting corporation to act as such related party's limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to any request by the Secretary to examine records or produce testimony related to any such transaction or with respect to any summons by the Secretary for such records or testimony. The appearance of persons or production of records by reason of the reporting corporation being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of any transaction between the reporting corporation and such related party.
(2) Rules where information not furnished
If—
(A) for purposes of determining the amount of the reporting corporation's liability for tax under this title, the Secretary issues a summons to such corporation to produce (either directly or as an agent for a related party who is a foreign person) any records or testimony,
(B) such summons is not quashed in a proceeding begun under paragraph (4) of section 6038A(e) (as made applicable by paragraph (4) of this subsection) and is not determined to be invalid in a proceeding begun under section 7604(b) to enforce such summons, and
(C) the reporting corporation does not substantially comply in a timely manner with such summons and the Secretary has sent by certified or registered mail a notice to such reporting corporation that such reporting corporation has not so substantially complied,
the Secretary may apply the rules of paragraph (3) with respect to any transaction or item to which such summons relates (whether or not the Secretary begins a proceeding to enforce such summons). If the reporting corporation fails to maintain (or cause another to maintain) records as required by subsection (a), and by reason of that failure, the summons is quashed in a proceeding described in subparagraph (B) or the reporting corporation is not able to provide the records requested in the summons, the Secretary may apply the rules of paragraph (3) with respect to any transaction or item to which the records relate.
(3) Applicable rules
If the rules of this paragraph apply to any transaction or item, the treatment of such transaction (or the amount and treatment of any such item) shall be determined by the Secretary in the Secretary's sole discretion from the Secretary's own knowledge or from such information as the Secretary may obtain through testimony or otherwise.
(4) Judicial proceedings
The provisions of section 6038A(e)(4) shall apply with respect to any summons referred to in paragraph (2)(A); except that subparagraph (D) of such section shall be applied by substituting "transaction or item" for "transaction".
(e) Definitions
For purposes of this section, the terms "related party", "foreign person", and "records" have the respective meanings given to such terms by section 6038A(c).
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to (1) any requirement to furnish information under this section if the time for furnishing such information is after Nov. 5, 1990, (2) any requirement under subsec. (a) of this section to maintain records which were in existence on or after Mar. 20, 1990, (3) any requirement to authorize a corporation to act as a limited agent under subsec. (d)(1) of this section if the time for authorizing such action is after Nov. 5, 1990, and (4) any summons issued after Nov. 5, 1990, without regard to when the taxable year (to which the information, records, authorization, or summons relates) began, see section 11315(c) of
§6038D. Information with respect to foreign financial assets
(a) In general
Any individual who, during any taxable year, holds any interest in a specified foreign financial asset shall attach to such person's return of tax imposed by subtitle A for such taxable year the information described in subsection (c) with respect to each such asset if the aggregate value of all such assets exceeds $50,000 (or such higher dollar amount as the Secretary may prescribe).
(b) Specified foreign financial assets
For purposes of this section, the term "specified foreign financial asset" means—
(1) any financial account (as defined in section 1471(d)(2)) maintained by a foreign financial institution (as defined in section 1471(d)(4)), and
(2) any of the following assets which are not held in an account maintained by a financial institution (as defined in section 1471(d)(5))—
(A) any stock or security issued by a person other than a United States person,
(B) any financial instrument or contract held for investment that has an issuer or counterparty which is other than a United States person, and
(C) any interest in a foreign entity (as defined in section 1473).
(c) Required information
The information described in this subsection with respect to any asset is:
(1) In the case of any account, the name and address of the financial institution in which such account is maintained and the number of such account.
(2) In the case of any stock or security, the name and address of the issuer and such information as is necessary to identify the class or issue of which such stock or security is a part.
(3) In the case of any other instrument, contract, or interest—
(A) such information as is necessary to identify such instrument, contract, or interest, and
(B) the names and addresses of all issuers and counterparties with respect to such instrument, contract, or interest.
(4) The maximum value of the asset during the taxable year.
(d) Penalty for failure to disclose
(1) In general
If any individual fails to furnish the information described in subsection (c) with respect to any taxable year at the time and in the manner described in subsection (a), such person shall pay a penalty of $10,000.
(2) Increase in penalty where failure continues after notification
If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the individual, such individual shall pay a penalty (in addition to the penalties under paragraph (1)) of $10,000 for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. The penalty imposed under this paragraph with respect to any failure shall not exceed $50,000.
(e) Presumption that value of specified foreign financial assets exceeds dollar threshold
If—
(1) the Secretary determines that an individual has an interest in one or more specified foreign financial assets, and
(2) such individual does not provide sufficient information to demonstrate the aggregate value of such assets,
then the aggregate value of such assets shall be treated as being in excess of $50,000 (or such higher dollar amount as the Secretary prescribes for purposes of subsection (a)) for purposes of assessing the penalties imposed under this section.
(f) Application to certain entities
To the extent provided by the Secretary in regulations or other guidance, the provisions of this section shall apply to any domestic entity which is formed or availed of for purposes of holding, directly or indirectly, specified foreign financial assets, in the same manner as if such entity were an individual.
(g) Reasonable cause exception
No penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect. The fact that a foreign jurisdiction would impose a civil or criminal penalty on the taxpayer (or any other person) for disclosing the required information is not reasonable cause.
(h) Regulations
The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance which provide appropriate exceptions from the application of this section in the case of—
(1) classes of assets identified by the Secretary, including any assets with respect to which the Secretary determines that disclosure under this section would be duplicative of other disclosures,
(2) nonresident aliens, and
(3) bona fide residents of any possession of the United States.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§6038E. Information with respect to assignment of lower rates or refunds by foreign producers of beer, wine, and distilled spirits
Any foreign producer that elects to make an assignment described in section 5001(c), 5041(c), or 5051(a) shall provide such information, at such time and in such manner, as the Secretary may prescribe in order to make such assignment, including information about the controlled group structure of such foreign producer.
(Added
Effective Date
§6039. Returns required in connection with certain options
(a) Requirement of reporting
Every corporation—
(1) which in any calendar year transfers to any person a share of stock pursuant to such person's exercise of an incentive stock option, or
(2) which in any calendar year records (or has by its agent recorded) a transfer of the legal title of a share of stock acquired by the transferor pursuant to his exercise of an option described in section 423(c) (relating to special rule where option price is between 85 percent and 100 percent of value of stock),
shall, for such calendar year, make a return at such time and in such manner, and setting forth such information, as the Secretary may by regulations prescribe.
(b) Statements to be furnished to persons with respect to whom information is reported
Every corporation making a return under subsection (a) shall furnish to each person whose name is set forth in such return a written statement setting forth such information as the Secretary may by regulations prescribe. The written statement required under the preceding sentence shall be furnished to such person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.
(c) Special rules
For purposes of this section—
(1) Treatment by employer to be determinative
Any option which the corporation treats as an incentive stock option or an option granted under an employee stock purchase plan shall be deemed to be such an option.
(2) Subsection (a)(2) applies only to first transfer described therein
A statement is required by reason of a transfer described in subsection (a)(2) of a share only with respect to the first transfer of such share by the person who exercised the option.
(3) Identification of stock
Any corporation which transfers any share of stock pursuant to the exercise of any option described in subsection (a)(2) shall identify such stock in a manner adequate to carry out the purposes of this section.
(d) Cross references
For definition of—
(1) the term "incentive stock option", see section 422(b), and
(2) the term "employee stock purchase plan", see section 423(b).
(Added
Editorial Notes
Prior Provisions
A prior section 6039 was renumbered
Amendments
2018—Subsec. (d)(2).
2006—
Subsec. (a).
Subsecs. (b) to (d).
1998—Subsec. (a)(1).
1990—Subsec. (a)(1), (2).
"(1) which in any calendar year transfers a share of stock to any person pursuant to such person's exercise of a qualified stock option, an incentive stock option, or a restricted stock option, or
"(2) which in any calendar year records (or has by its agent recorded) a transfer of the legal title of a share of stock—
"(A) acquired by the transfer or pursuant to his exercise of an option described in section 423(c) (relating to special rule where option price is between 85 percent and 100 percent of value of stock), or
"(B) acquired by the transferor pursuant to his exercise of a restricted stock option described in section 424(c)(1) (relating to options under which option price is between 85 percent and 95 percent of value of stock),".
Subsec. (b)(1).
Subsec. (c).
1981—Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (c)(4).
1979—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1976—Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section applicable to stock transferred pursuant to options exercised on or after Jan. 1, 1964, See section 221(e) of
Savings Provision
For provisions that nothing in amendment by
[§6039A. Repealed. Pub. L. 96–223, title IV, §401(a), Apr. 2, 1980, 94 Stat. 299 ]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal and Revival of Prior Law
Repeal applicable in respect of decedents dying after Dec. 31, 1976, and, except for certain elections, this title to be applied and administered as if this section had not been enacted, see section 401(b), (e) of
[§6039B. Repealed. Pub. L. 99–514, title XIII, §1303(b)(5), Oct. 22, 1986, 100 Stat. 2658 ]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 22, 1986, see section 1311(f) of
§6039C. Returns with respect to foreign persons holding direct investments in United States real property interests
(a) General rule
To the extent provided in regulations, any foreign person holding direct investments in United States real property interests for the calendar year shall make a return setting forth—
(1) the name and address of such person,
(2) a description of all United States real property interests held by such person at any time during the calendar year, and
(3) such other information as the Secretary may by regulations prescribe.
(b) Definition of foreign persons holding direct investments in United States real property interests
For purposes of this section, a foreign person shall be treated as holding direct investments in United States real property interests during any calendar year if—
(1) such person did not engage in a trade or business in the United States at any time during such calendar year, and
(2) the fair market value of the United States real property interests held directly by such person at any time during such year equals or exceeds $50,000.
(c) Definitions and special rules
For purposes of this section—
(1) United States real property interest
The term "United States real property interest" has the meaning given to such term by section 897(c).
(2) Foreign person
The term "foreign person" means any person who is not a United States person.
(3) Attribution of ownership
For purposes of subsection (b)(2)—
(A) Interests held by partnerships, etc.
United States real property interests held by a partnership, trust, or estate shall be treated as owned proportionately by its partners or beneficiaries.
(B) Interests held by family members
United States real property interests held by the spouse or any minor child of an individual shall be treated as owned by such individual.
(4) Time and manner of filing return
All returns required to be made under this section shall be made at such time and in such manner as the Secretary shall by regulations prescribe.
(d) Special rule for United States interest and Virgin Islands interest
A nonresident alien individual or foreign corporation subject to tax under section 897(a) (and any person required to withhold tax under section 1445) shall pay any tax and file any return required by this title—
(1) to the United States, in the case of any interest in real property located in the United States and an interest (other than an interest solely as a creditor) in a domestic corporation (with respect to the United States) described in section 897(c)(1)(A)(ii), and
(2) to the Virgin Islands, in the case of any interest in real property located in the Virgin Islands and an interest (other than an interest solely as a creditor) in a domestic corporation (with respect to the Virgin Islands) described in section 897(c)(1)(A)(ii).
(Added
Editorial Notes
Amendments
1986—Subsec. (d).
1984—
1981—Subsec. (b)(4)(C).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section applicable to 1980 and subsequent calendar years, with 1980 being treated as beginning on June 19, 1980, and ending on Dec. 31, 1980, see section 1125(b) of
§6039D. Returns and records with respect to certain fringe benefit plans
(a) In general
Every employer maintaining a specified fringe benefit plan during any year for any portion of which the applicable exclusion applies, shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) with respect to such plan showing for such year—
(1) the number of employees of the employer,
(2) the number of employees of the employer eligible to participate under the plan,
(3) the number of employees participating under the plan,
(4) the total cost of the plan during the year,
(5) the name, address, and taxpayer identification number of the employer and the type of business in which the employer is engaged, and
(6) the number of highly compensated employees among the employees described in paragraphs (1), (2), and (3).
(b) Recordkeeping requirement
Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met.
(c) Additional information when required by the Secretary
Any employer—
(1) who maintains a specified fringe benefit plan during any year for which a return is required under subsection (a), and
(2) who is required by the Secretary to file an additional return for such year,
shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe. The Secretary may require returns under this subsection only from a representative group of employers.
(d) Definitions and special rules
For purposes of this section—
(1) Specified fringe benefit plan
The term "specified fringe benefit plan" means any plan under section 79, 105, 106, 125, 127, 129, or 137.
(2) Applicable exclusion
The term "applicable exclusion" means, with respect to any specified fringe benefit plan, the section specified under paragraph (1) under which benefits under such plan are excludable from gross income.
(3) Special rule for multiemployer plans
In the case of a multiemployer plan, the plan shall be required to provide any information required by this section which the Secretary determines, on the basis of the agreement between the plan and employer, is held by the plan (and not the employer).
(Added
Editorial Notes
Codification
Another section 6039D, added
Amendments
2014—Subsec. (a).
Subsec. (d)(1).
1997—Subsec. (d)(1).
1990—Subsec. (d)(3).
1988—Subsec. (c).
Subsec. (d).
Subsec. (d)(3).
1986—Subsec. (a)(6).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 1011B(a)(24) of
Effective Date of 1986 Amendment
Amendment by section 1151(h) of
Amendment by section 1879(d)(1) of
Effective Date
Section effective Jan. 1, 1985, see section 1(g)(2) of
Nonenforcement of Amendment Made by Section 1151 of Pub. L. 99–514 for Fiscal Year 1990
No monies appropriated by
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§6039E. Information concerning resident status
(a) General rule
Notwithstanding any other provision of law, any individual who—
(1) applies for a United States passport (or a renewal thereof), or
(2) applies to be lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws,
shall include with any such application a statement which includes the information described in subsection (b).
(b) Information to be provided
Information required under subsection (a) shall include—
(1) the taxpayer's TIN (if any),
(2) in the case of a passport applicant, any foreign country in which such individual is residing,
(3) in the case of an individual seeking permanent residence, information with respect to whether such individual is required to file a return of the tax imposed by
(4) such other information as the Secretary may prescribe.
(c) Penalty
Any individual failing to provide a statement required under subsection (a) shall be subject to a penalty equal to $500 for each such failure, unless it is shown that such failure is due to reasonable cause and not to willful neglect.
(d) Information to be provided to Secretary
Notwithstanding any other provision of law, any agency of the United States which collects (or is required to collect) the statement under subsection (a) shall—
(1) provide any such statement to the Secretary, and
(2) provide to the Secretary the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a).
Nothing in the preceding sentence shall be construed to require the disclosure of information which is subject to section 245A of the Immigration and Nationality Act (as in effect on the date of the enactment of this sentence).
(e) Exemption
The Secretary may by regulations exempt any class of individuals from the requirements of this section if he determines that applying this section to such individuals is not necessary to carry out the purposes of this section.
(Added
Editorial Notes
References in Text
Section 245A of the Immigration and Nationality Act, referred to in subsec. (d), is classified to
The date of the enactment of this sentence, referred to in subsec. (d), is the date of enactment of
Amendments
1988—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
Effective Date
§6039F. Notice of large gifts received from foreign persons
(a) In general
If the value of the aggregate foreign gifts received by a United States person (other than an organization described in section 501(c) and exempt from tax under section 501(a)) during any taxable year exceeds $10,000, such United States person shall furnish (at such time and in such manner as the Secretary shall prescribe) such information as the Secretary may prescribe regarding each foreign gift received during such year.
(b) Foreign gift
For purposes of this section, the term "foreign gift" means any amount received from a person other than a United States person which the recipient treats as a gift or bequest. Such term shall not include any qualified transfer (within the meaning of section 2503(e)(2)) or any distribution properly disclosed in a return under section 6048(c).
(c) Penalty for failure to file information
(1) In general
If a United States person fails to furnish the information required by subsection (a) with respect to any foreign gift within the time prescribed therefor (including extensions)—
(A) the tax consequences of the receipt of such gift shall be determined by the Secretary, and
(B) such United States person shall pay (upon notice and demand by the Secretary and in the same manner as tax) an amount equal to 5 percent of the amount of such foreign gift for each month for which the failure continues (not to exceed 25 percent of such amount in the aggregate).
(2) Reasonable cause exception
Paragraph (1) shall not apply to any failure to report a foreign gift if the United States person shows that the failure is due to reasonable cause and not due to willful neglect.
(d) Cost-of-living adjustment
In the case of any taxable year beginning after December 31, 1996, the $10,000 amount under subsection (a) shall be increased by an amount equal to the product of such amount and the cost-of-living adjustment for such taxable year under section 1(f)(3), except that subparagraph (A)(ii) thereof shall be applied by substituting "1995" for "2016".
(e) Regulations
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
(Added
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under
Editorial Notes
Codification
Another section 6039F was renumbered
Amendments
2017—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date
§6039G. Information on individuals losing United States citizenship
(a) In general
Notwithstanding any other provision of law, any individual to whom section 877(b) or 877A applies for any taxable year shall provide a statement for such taxable year which includes the information described in subsection (b).
(b) Information to be provided
Information required under subsection (a) shall include—
(1) the taxpayer's TIN,
(2) the mailing address of such individual's principal foreign residence,
(3) the foreign country in which such individual is residing,
(4) the foreign country of which such individual is a citizen,
(5) information detailing the income, assets, and liabilities of such individual,
(6) the number of days during any portion of which that the individual was physically present in the United States during the taxable year, and
(7) such other information as the Secretary may prescribe.
(c) Penalty
If—
(1) an individual is required to file a statement under subsection (a) for any taxable year, and
(2) fails to file such a statement with the Secretary on or before the date such statement is required to be filed or fails to include all the information required to be shown on the statement or includes incorrect information,
such individual shall pay a penalty of $10,000 unless it is shown that such failure is due to reasonable cause and not to willful neglect.
(d) Information to be provided to Secretary
Notwithstanding any other provision of law—
(1) any Federal agency or court which collects (or is required to collect) the statement under subsection (a) shall provide to the Secretary—
(A) a copy of any such statement, and
(B) the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a),
(2) the Secretary of State shall provide to the Secretary a copy of each certificate as to the loss of American nationality under section 358 of the Immigration and Nationality Act which is approved by the Secretary of State, and
(3) the Federal agency primarily responsible for administering the immigration laws shall provide to the Secretary the name of each lawful permanent resident of the United States (within the meaning of section 7701(b)(6)) whose status as such has been revoked or has been administratively or judicially determined to have been abandoned.
Notwithstanding any other provision of law, not later than 30 days after the close of each calendar quarter, the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877(a) or 877A) with respect to whom the Secretary receives information under the preceding sentence during such quarter.
(Added
Editorial Notes
References in Text
Section 358 of the Immigration and Nationality Act, referred to in subsec. (d)(2), is classified to
Amendments
2008—Subsec. (a).
Subsec. (d).
2004—Subsec. (a).
"(1) provided not later than the earliest date of any act referred to in subsection (c), and
"(2) provided to the person or court referred to in subsection (c) with respect to such act."
Subsec. (b).
Subsec. (c).
"(1) the individual's renunciation of his United States nationality before a diplomatic or consular officer of the United States pursuant to paragraph (5) of section 349(a) of the Immigration and Nationality Act (
"(2) the individual's furnishing to the United States Department of State a signed statement of voluntary relinquishment of United States nationality confirming the performance of an act of expatriation specified in paragraph (1), (2), (3), or (4) of section 349(a) of the Immigration and Nationality Act (
"(3) the issuance by the United States Department of State of a certificate of loss of nationality to the individual, or
"(4) the cancellation by a court of the United States of a naturalized citizen's certificate of naturalization."
Subsec. (d).
"(1) 5 percent of the tax required to be paid under section 877 for the taxable year ending during such year, or
"(2) $1,000,
unless it is shown that such failure is due to reasonable cause and not to willful neglect."
Subsec. (e).
Subsec. (f).
Subsec. (g).
1997—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2004 Amendment
Amendment by
Effective Date
For special rule relating to application of this section to certain individuals who performed an act of expatriation specified in section 1481(a)(1)–(4) of Title 8, Aliens and Nationality, before Feb. 6, 1995, see section 511(g)(3) of
"(1) individuals losing United States citizenship (within the meaning of section 877 of the Internal Revenue Code of 1986) on or after February 6, 1995, and
"(2) long-term residents of the United States with respect to whom an event described in [former] subparagraph (A) or (B) of section 877(e)(1) of such Code occurs on or after such date.
In no event shall any statement required by such amendments be due before the 90th day after the date of the enactment of this Act [Aug. 21, 1996]."
§6039H. Information with respect to Alaska Native Settlement Trusts and Native Corporations
(a) Requirement
The fiduciary of an electing Settlement Trust (as defined in section 646(h)(1)) shall include with the return of income of the trust a statement containing the information required under subsection (c).
(b) Application with other requirements
The filing of any statement under this section shall be in lieu of the reporting requirements under section 6034A to furnish any statement to a beneficiary regarding amounts distributed to such beneficiary (and such other reporting rules as the Secretary deems appropriate).
(c) Required information
The information required under this subsection shall include—
(1) the amount of distributions made during the taxable year to each beneficiary,
(2) the treatment of such distribution under the applicable provision of section 646, including the amount that is excludable from the recipient beneficiary's gross income under section 646, and
(3) the amount (if any) of any distribution during such year that is deemed to have been made by the sponsoring Native Corporation (as defined in section 646(h)(5)).
(d) Sponsoring Native Corporation
(1) In general
The electing Settlement Trust shall, on or before the date on which the statement under subsection (a) is required to be filed, furnish such statement to the sponsoring Native Corporation (as so defined).
(2) Distributees
The sponsoring Native Corporation shall furnish each recipient of a distribution described in section 646(e)(3) a statement containing the amount deemed to have been distributed to such recipient by such corporation for the taxable year.
(e) Deductible contributions by Native Corporations to Alaska Native Settlement Trusts
(1) In general
Any Native Corporation (as defined in subsection (m) of section 3 of the Alaska Native Claims Settlement Act (
(2) Content of statement
The statement described in paragraph (1) shall include—
(A) the total amount of contributions to which the election under subsection (e) of section 247 applies,
(B) for each contribution, whether such contribution was in cash,
(C) for each contribution which consists of property other than cash, the date that such property was acquired by the Native Corporation and the adjusted basis and fair market value of such property on the date such property was contributed to the Settlement Trust,
(D) the date on which each contribution was made to the Settlement Trust, and
(E) such information as the Secretary determines to be necessary or appropriate for the identification of each contribution and the accurate inclusion of income relating to such contributions by the Settlement Trust.
(Added
Editorial Notes
Amendments
2017—
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Effective Date
Section applicable to taxable years ending after June 7, 2001, and to contributions made to electing Settlement Trusts for such year or any subsequent year, see section 671(d) of
§6039I. Returns and records with respect to employer-owned life insurance contracts
(a) In general
Every applicable policyholder owning 1 or more employer-owned life insurance contracts issued after the date of the enactment of this section shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) showing for each year such contracts are owned—
(1) the number of employees of the applicable policyholder at the end of the year,
(2) the number of such employees insured under such contracts at the end of the year,
(3) the total amount of insurance in force at the end of the year under such contracts,
(4) the name, address, and taxpayer identification number of the applicable policyholder and the type of business in which the policyholder is engaged, and
(5) that the applicable policyholder has a valid consent for each insured employee (or, if all such consents are not obtained, the number of insured employees for whom such consent was not obtained).
(b) Recordkeeping requirement
Each applicable policyholder owning 1 or more employer-owned life insurance contracts during any year shall keep such records as may be necessary for purposes of determining whether the requirements of this section and section 101(j) are met.
(c) Definitions
Any term used in this section which is used in section 101(j) shall have the same meaning given such term by section 101(j).
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to life insurance contracts issued after Aug. 17, 2006, except for a contract issued after such date pursuant to an exchange described in
§6039J. Information reporting with respect to Commodity Credit Corporation transactions
(a) Requirement of reporting
The Commodity Credit Corporation, through the Secretary of Agriculture, shall make a return, according to the forms and regulations prescribed by the Secretary of the Treasury, setting forth any market gain realized by a taxpayer during the taxable year in relation to the repayment of a loan issued by the Commodity Credit Corporation, without regard to the manner in which such loan was repaid.
(b) Statements to be furnished to persons with respect to whom information is required
The Secretary of Agriculture shall furnish to each person whose name is required to be set forth in a return required under subsection (a) a written statement showing the amount of market gain reported in such return.
(Added
Editorial Notes
Codification
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this section and repeal of
[
§6040. Cross references
(1) For the notice required of persons acting in a fiduciary capacity for taxpayers or for transferees, see sections 6212, 6901(g), and 6903.
(2) For application by fiduciary for determination of tax and discharge from personal liability therefor, see section 2204.
(3) For the notice required of taxpayers for redetermination of taxes claimed as credits, see sections 905(c) and 2016.
(4) For exemption certificates required to be furnished to employers by employees, see section 3402(f)(2), (3), (4), and (5).
(5) For receipts, constituting information returns, required to be furnished to employees, see section 6051.
[(6) Repealed.
(7) For information required with respect to the redemption of stamps, see section 6805.
(8) For the statement required to be filed by a corporation expecting a net operating loss carryback or unused excess profits credit carryback, see section 6164.
(9) For the application, which a taxpayer may file for a tentative carryback adjustment of income taxes, see section 6411.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1970—Par. (2).
1965—Par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1965 Amendment
Amendment by
Subpart B—Information Concerning Transactions With Other Persons
Editorial Notes
Amendments
2022—
2018—
2017—
2008—
2006—
2004—
2002—
1998—
1997—
1996—
1994—
1993—
1989—
1988—
1986—
1984—
1983—
1982—
1980—
1979—
1978—
1976—
1969—
1962—
1960—
§6041. Information at source
(a) Payments of $600 or more
All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section 6042(a)(1), 6044(a)(1), 6047(e), 6049(a), or 6050N(a) applies, and other than payments with respect to which a statement is required under the authority of section 6042(a)(2), 6044(a)(2), or 6045), of $600 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment.
(b) Collection of foreign items
In the case of collections of items (not payable in the United States) of interest upon the bonds of foreign countries and interest upon the bonds of and dividends from foreign corporations by any person undertaking as a matter of business or for profit the collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange, such person shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the amount paid and the name and address of the recipient of each such payment.
(c) Recipient to furnish name and address
When necessary to make effective the provisions of this section, the name and address of the recipient of income shall be furnished upon demand of the person paying the income.
(d) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each person with respect to whom such a return is required a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of payments to the person required to be shown on the return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. To the extent provided in regulations prescribed by the Secretary, this subsection shall also apply to persons required to make returns under subsection (b).
(e) Section does not apply to certain tips
This section shall not apply to tips with respect to which section 6053(a) (relating to reporting of tips) applies.
(f) Section does not apply to certain health arrangements
This section shall not apply to any payment for medical care (as defined in section 213(d)) made under—
(1) a flexible spending arrangement (as defined in section 106(c)(2)), or
(2) a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106.
(g) Nonqualified deferred compensation
Subsection (a) shall apply to—
(1) any deferrals for the year under a nonqualified deferred compensation plan (within the meaning of section 409A(d)), whether or not paid, except that this paragraph shall not apply to deferrals which are required to be reported under section 6051(a)(13) (without regard to any de minimis exception), and
(2) any amount includible under section 409A and which is not treated as wages under section 3401(a).
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
2011—Subsec. (a).
Subsec. (h).
Subsecs. (i), (j).
"(i)
"(j)
2010—Subsec. (a).
Subsec. (h).
Subsec. (i).
Subsec. (j).
2004—Subsec. (g).
2003—Subsec. (f).
1996—Subsec. (d)(1).
1986—Subsec. (a).
Subsec. (d).
1984—Subsec. (a).
1982—Subsec. (a).
1981—Subsecs. (d), (e).
1978—Subsecs. (c), (d).
1976—Subsecs. (a), (b).
1962—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Effective Date of 2010 Amendment
Effective Date of 2004 Amendment
Amendment by
Effective Date of 2003 Amendment
Effective Date of 1996 Amendment
Effective Date of 1986 Amendment
Amendment by section 1501(c)(1) of
Amendment by section 1523(b)(2) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Allowance of Electronic 1099's
Employer's Duties in Connection With Recording and Reporting of Tips
"(a)
"(1) without regard to Revenue Rulings 75–400 and 76–231, and
"(2) in accordance with the manner in which such law was administered before the issuance of such rulings.
"(b)
§6041A. Returns regarding payments of remuneration for services and direct sales
(a) Returns regarding remuneration for services
If—
(1) any service-recipient engaged in a trade or business pays in the course of such trade or business during any calendar year remuneration to any person for services performed by such person, and
(2) the aggregate of such remuneration paid to such person during such calendar year is $600 or more,
then the service-recipient shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the recipient of such payments. For purposes of the preceding sentence, the term "service-recipient" means the person for whom the service is performed.
(b) Direct sales of $5,000 or more
(1) In general
If—
(A) any person engaged in a trade or business in the course of such trade or business during any calendar year sells consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis which the Secretary prescribes by regulations, for resale (by the buyer or any other person) in the home or otherwise than in a permanent retail establishment, and
(B) the aggregate amount of the sales to such buyer during such calendar year is $5,000 or more,
then such person shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the name and address of the buyer to whom such sales are made.
(2) Definitions
For purposes of paragraph (1)—
(A) Buy-sell basis
A transaction is on a buy-sell basis if the buyer performing the services is entitled to retain part or all of the difference between the price at which the buyer purchases the product and the price at which the buyer sells the product as part or all of the buyer's remuneration for the services, and
(B) Deposit-commission basis
A transaction is on a deposit-commission basis if the buyer performing the services is entitled to retain part or all of a purchase deposit paid by the consumer in connection with the transaction as part or all of the buyer's remuneration for the services.
(c) Certain services not included
No return shall be required under subsection (a) or (b) if a statement with respect to the services is required to be furnished under section 6051, 6052, or 6053.
(d) Applications to governmental units
(1) Treated as persons
The term "person" includes any governmental unit (and any agency or instrumentality thereof).
(2) Special rules
In the case of any payment by a governmental entity or any agency or instrumentality thereof—
(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and
(B) any return under this section shall be made by the officer or employee having control of the payment or appropriately designated for the purpose of making such return.
(3) Payments to corporations by Federal executive agencies
(A) In general
Notwithstanding any regulation prescribed by the Secretary before the date of the enactment of this paragraph, subsection (a) shall apply to remuneration paid to a corporation by any Federal executive agency (as defined in section 6050M(b)).
(B) Exception
Subparagraph (A) shall not apply to—
(i) services under contracts described in section 6050M(e)(3) with respect to which the requirements of section 6050M(e)(2) are met, and
(ii) such other services as the Secretary may specify in regulations prescribed after the date of the enactment of this paragraph.
(e) Statements to be furnished to persons with respect to whom information is required to be furnished
Every person required to make a return under subsection (a) or (b) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) in the case of subsection (a), the aggregate amount of payments to the person required to be shown on such return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.
(f) Recipient to furnish name, address, and identification number; inclusion on return
(1) Furnishing of information
Any person with respect to whom a return or statement is required under this section to be made by another person shall furnish to such other person his name, address, and identification number at such time and in such manner as the Secretary may prescribe by regulations.
(2) Inclusion on return
The person to whom an identification number is furnished under paragraph (1) shall include such number on any return which such person is required to file under this section and to which such identification number relates.
(Added
Editorial Notes
References in Text
The date of the enactment of this paragraph, referred to in subsec. (d)(3), is the date of enactment of
Amendments
1997—Subsec. (d)(3).
1996—Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Effective Date of 1996 Amendment
Amendment by
Effective Date
§6042. Returns regarding payments of dividends and corporate earnings and profits
(a) Requirement of reporting
(1) In general
Every person—
(A) who makes payments of dividends aggregating $10 or more to any other person during any calendar year, or
(B) who receives payments of dividends as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the dividends so received,
shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid.
(2) Returns required by the Secretary
Every person who makes payments of dividends aggregating less than $10 to any other person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments, and the name and address of the person to whom paid.
(b) Dividend defined
(1) General rule
For purposes of this section, the term "dividend" means—
(A) any distribution by a corporation which is a dividend (as defined in section 316); and
(B) any payment made by a stockbroker to any person as a substitute for a dividend (as so defined).
(2) Exceptions
For purposes of this section, the term "dividend" does not include any distribution or payment—
(A) to the extent provided in regulations prescribed by the Secretary—
(i) by a foreign corporation, or
(ii) to a foreign corporation, a nonresident alien, or a partnership not engaged in a trade or business in the United States and composed in whole or in part of nonresident aliens, or
(B) except to the extent otherwise provided in regulations prescribed by the Secretary, to any person described in section 6049(b)(4).
(3) Special rule
If the person making any payment described in subsection (a)(1)(A) or (B) is unable to determine the portion of such payment which is a dividend or is paid with respect to a dividend, he shall, for purposes of subsection (a)(1), treat the entire amount of such payment as a dividend or as an amount paid with respect to a dividend.
(c) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of payments to the person required to be shown on the return.
The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made and shall be in such form as the Secretary may prescribe by regulations.
(d) Statements to be furnished by corporations to Secretary
Every corporation shall, when required by the Secretary—
(1) furnish to the Secretary a statement stating the name and address of each shareholder, and the number of shares owned by each shareholder;
(2) furnish to the Secretary a statement of such facts as will enable him to determine the portion of the earnings and profits of the corporation (including gains, profits, and income not taxed) accumulated during such periods as the Secretary may specify, which have been distributed or ordered to be distributed, respectively, to its shareholders during such taxable years as the Secretary may specify; and
(3) furnish to the Secretary a statement of its accumulated earnings and profits and the names and addresses of the individuals or shareholders who would be entitled to such accumulated earnings and profits if divided or distributed, and of the amounts that would be payable to each.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1996—Subsec. (c)(1).
1986—Subsec. (c).
1984—Subsec. (b)(2).
1983—
1982—Subsecs. (a)(1), (c), (e).
Subsec. (b)(2).
1976—
1962—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by section 108(b) of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1962 Amendment
"(1)
"(2)
§6043. Liquidating, etc., transactions
(a) Corporate liquidating, etc., transactions
Every corporation shall—
(1) Within 30 days after the adoption by the corporation of a resolution or plan for the dissolution of the corporation or for the liquidation of the whole or any part of its capital stock, make a return setting forth the terms of such resolution or plan and such other information as the Secretary shall by forms or regulations prescribe; and
(2) When required by the Secretary, make a return regarding its distributions in liquidation, stating the name and address of, the number and class of shares owned by, and the amount paid to, each shareholder, or, if the distribution is in property other than money, the fair market value (as of the date the distribution is made) of the property distributed to each shareholder.
(b) Exempt organizations
Every organization which for any of its last 5 taxable years preceding its liquidation, dissolution, termination, or substantial contraction was exempt from taxation under section 501(a) shall file such return and other information with respect to such liquidation, dissolution, termination, or substantial contraction as the Secretary shall by forms or regulations prescribe; except that—
(1) no return shall be required under this subsection from churches, their integrated auxiliaries, conventions or associations of churches, or any organization which is not a private foundation (as defined in section 509(a)) and the gross receipts of which in each taxable year are normally not more than $5,000, and
(2) the Secretary may relieve any organization from such filing where he determines that such filing is not necessary to the efficient administration of the internal revenue laws or, with respect to an organization described in section 401(a), where the employer who established such organization files such a return.
(c) Changes in control and recapitalizations
If—
(1) control (as defined in section 304(c)(1)) of a corporation is acquired by any person (or group of persons) in a transaction (or series of related transactions), or
(2) there is a recapitalization of a corporation or other substantial change in the capital structure of a corporation,
when required by the Secretary, such corporation shall make a return (at such time and in such manner as the Secretary may prescribe) setting forth the identity of the parties to the transaction, the fees involved, the changes in the capital structure involved, and such other information as the Secretary may require with respect to such transaction.
(d) Cross references
For provisions relating to penalties for failure to file—
(1) a return under subsection (b), see section 6652(c), or
(2) a return under subsection (c), see section 6652(1).1
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1996—
1989—
Subsec. (a).
Subsecs. (c), (d).
1986—Subsec. (c).
1976—
1969—
Statutory Notes and Related Subsidiaries
Effective Date of 1989 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
1 So in original. Probably should be section "6652(l)."
§6043A. Returns relating to taxable mergers and acquisitions
(a) In general
According to the forms or regulations prescribed by the Secretary, the acquiring corporation in any taxable acquisition shall make a return setting forth—
(1) a description of the acquisition,
(2) the name and address of each shareholder of the acquired corporation who is required to recognize gain (if any) as a result of the acquisition,
(3) the amount of money and the fair market value of other property transferred to each such shareholder as part of such acquisition, and
(4) such other information as the Secretary may prescribe.
To the extent provided by the Secretary, the requirements of this section applicable to the acquiring corporation shall be applicable to the acquired corporation and not to the acquiring corporation.
(b) Nominees
According to the forms or regulations prescribed by the Secretary:
(1) Reporting
Any person who holds stock as a nominee for another person shall furnish in the manner prescribed by the Secretary to such other person the information provided by the corporation under subsection (d).
(2) Reporting to nominees
In the case of stock held by any person as a nominee, references in this section (other than in subsection (c)) to a shareholder shall be treated as a reference to the nominee.
(c) Taxable acquisition
For purposes of this section, the term "taxable acquisition" means any acquisition by a corporation of stock in or property of another corporation if any shareholder of the acquired corporation is required to recognize gain (if any) as a result of such acquisition.
(d) Statements to be furnished to shareholders
According to the forms or regulations prescribed by the Secretary, every person required to make a return under subsection (a) shall furnish to each shareholder whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return,
(2) the information required to be shown on such return with respect to such shareholder, and
(3) such other information as the Secretary may prescribe.
The written statement required under the preceding sentence shall be furnished to the shareholder on or before January 31 of the year following the calendar year during which the taxable acquisition occurred.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§6044. Returns regarding payments of patronage dividends
(a) Requirement of reporting
(1) In general
Except as otherwise provided in this section, every cooperative to which part I of subchapter T of
(2) Returns required by the Secretary
Every such cooperative which makes payments of amounts described in subsection (b) aggregating less than $10 to any person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid.
(b) Amounts subject to reporting
(1) General rule
Except as otherwise provided in this section, the amounts subject to reporting under subsection (a) are—
(A) the amount of any patronage dividend (as defined in section 1388(a)) which is paid in money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation as defined in section 1388(d)),
(B) any amount described in section 1382(c)(2)(A) (relating to certain nonpatronage distributions) which is paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) by an organization exempt from tax under section 521 (relating to exemption of farmers' cooperatives from tax),
(C) any amount described in section 1382(b)(2) (relating to redemption of nonqualified written notices of allocation) and, in the case of an organization described in section 1381(a)(1), any amount described in section 1382(c)(2)(B) (relating to redemption of nonqualified written notices of allocation paid with respect to earnings derived from sources other than patronage), and
(D) the amount of any per-unit retain allocation (as defined in section 1388(f)) which is paid in qualified per-unit retain certificates (as defined in section 1388(h)), and
(E) any amount described in section 1382(b)(4) (relating to redemption of nonqualified per-unit retain certificates).
(2) Exceptions
The provisions of subsection (a) shall not apply, to the extent provided in regulations prescribed by the Secretary, to any payment—
(A) by a foreign corporation, or
(B) to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens.
(c) Exemption for certain consumer cooperatives
A cooperative which the Secretary determines is primarily engaged in selling at retail goods or services of a type that are generally for personal, living, or family use shall, upon application to the Secretary, be granted exemption from the reporting requirements imposed by subsection (a). Application for exemption under this subsection shall be made in accordance with regulations prescribed by the Secretary.
(d) Determination of amount paid
For purposes of this section, in determining the amount of any payment—
(1) property (other than a qualified written notice of allocation or a qualified per-unit retain certificate) shall be taken into account at its fair market value, and
(2) a qualified written notice of allocation or a qualified per-unit retain certificate shall be taken into account at its stated dollar amount.
(e) Statements to be furnished to persons with respect to whom information is required
Every cooperative required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the cooperative required to make such return, and
(2) the aggregate amount of payments to the person required to be shown on the return.
The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made and shall be in such form as the Secretary may prescribe by regulations.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1996—Subsec. (e)(1).
1986—Subsec. (e).
1983—
1982—Subsecs. (a)(1), (b)(1), (e), (f).
1976—
1966—Subsec. (b)(1).
Subsec. (d).
1962—
"(a)
"(1) The name and address of each patron to whom it has made such allocations amounting to $100 or more during the calendar year; and
"(2) The amount of such allocations to each patron.
"(b)
"(c)
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by section 108(c) of
Effective Date of 1966 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
§6045. Returns of brokers
(a) General rule
Every person doing business as a broker shall, when required by the Secretary, make a return, in accordance with such regulations as the Secretary may prescribe, showing the name and address of each customer, with such details regarding gross proceeds and such other information as the Secretary may by forms or regulations require with respect to such business.
(b) Statements to be furnished to customers
Every person required to make a return under subsection (a) shall furnish to each customer whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the information required to be shown on such return with respect to such customer.
The written statement required under the preceding sentence shall be furnished to the customer on or before February 15 of the year following the calendar year for which the return under subsection (a) was required to be made. In the case of a consolidated reporting statement (as defined in regulations) with respect to any customer, any statement which would otherwise be required to be furnished on or before January 31 of a calendar year with respect to any item reportable to the taxpayer shall instead be required to be furnished on or before February 15 of such calendar year if furnished with such consolidated reporting statement.
(c) Definitions
For purposes of this section—
(1) Broker
The term "broker" includes—
(A) a dealer,
(B) a barter exchange,
(C) any person who (for consideration) regularly acts as a middleman with respect to property or services, and
(D) any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person.
A person shall not be treated as a broker with respect to activities consisting of managing a farm on behalf of another person.
(2) Customer
The term "customer" means any person for whom the broker has transacted any business.
(3) Barter exchange
The term "barter exchange" means any organization of members providing property or services who jointly contract to trade or barter such property or services.
(4) Person
The term "person" includes any governmental unit and any agency or instrumentality thereof.
(d) Statements required in case of certain substitute payments
If any broker—
(1) transfers securities of a customer for use in a short sale or similar transaction, and
(2) receives (on behalf of the customer) a payment in lieu of—
(A) a dividend,
(B) tax-exempt interest, or
(C) such other items as the Secretary may prescribe by regulations,
during the period such short sale or similar transaction is open, the broker shall furnish such customer a written statement (in the manner as the Secretary shall prescribe by regulations) identifying such payment as being in lieu of the dividend, tax-exempt interest, or such other item. The written statement required under the preceding sentence shall be furnished on or before February 15 of the year following the calendar year in which the payment was made. The Secretary may prescribe regulations which require the broker to make a return which includes the information contained in such written statement.
(e) Return required in the case of real estate transactions
(1) In general
In the case of a real estate transaction, the real estate reporting person shall file a return under subsection (a) and a statement under subsection (b) with respect to such transaction.
(2) Real estate reporting person
For purposes of this subsection, the term "real estate reporting person" means any of the following persons involved in a real estate transaction in the following order:
(A) the person (including any attorney or title company) responsible for closing the transaction,
(B) the mortgage lender,
(C) the seller's broker,
(D) the buyer's broker, or
(E) such other person designated in regulations prescribed by the Secretary.
Any person treated as a real estate reporting person under the preceding sentence shall be treated as a broker for purposes of subsection (c)(1).
(3) Prohibition of separate charge for filing return
It shall be unlawful for any real estate reporting person to separately charge any customer for complying with any requirement of paragraph (1). Nothing in this paragraph shall be construed to prohibit the real estate reporting person from taking into account its cost of complying with such requirement in establishing its charge (other than a separate charge for complying with such requirement) to any customer for performing services in the case of a real estate transaction.
(4) Additional information required
In the case of a real estate transaction involving a residence, the real estate reporting person shall include the following information on the return under subsection (a) and on the statement under subsection (b):
(A) The portion of any real property tax which is treated as a tax imposed on the purchaser by reason of section 164(d)(1)(B).
(B) Whether or not the financing (if any) of the seller was federally-subsidized indebtedness (as defined in section 143(m)(3)).
(5) Exception for sales or exchanges of certain principal residences
(A) In general
Paragraph (1) shall not apply to any sale or exchange of a residence for $250,000 or less if the person referred to in paragraph (2) receives written assurance in a form acceptable to the Secretary from the seller that—
(i) such residence is the principal residence (within the meaning of section 121) of the seller,
(ii) if the Secretary requires the inclusion on the return under subsection (a) of information as to whether there is federally subsidized mortgage financing assistance with respect to the mortgage on residences, that there is no such assistance with respect to the mortgage on such residence, and
(iii) the full amount of the gain on such sale or exchange is excludable from gross income under section 121.
If such assurance includes an assurance that the seller is married, the preceding sentence shall be applied by substituting "$500,000" for "$250,000". The Secretary may by regulation increase the dollar amounts under this subparagraph if the Secretary determines that such an increase will not materially reduce revenues to the Treasury.
(B) Seller
For purposes of this paragraph, the term "seller" includes the person relinquishing the residence in an exchange.
(f) Return required in the case of payments to attorneys
(1) In general
Any person engaged in a trade or business and making a payment (in the course of such trade or business) to which this subsection applies shall file a return under subsection (a) and a statement under subsection (b) with respect to such payment.
(2) Application of subsection
(A) In general
This subsection shall apply to any payment to an attorney in connection with legal services (whether or not such services are performed for the payor).
(B) Exception
This subsection shall not apply to the portion of any payment which is required to be reported under section 6041(a) (or would be so required but for the dollar limitation contained therein) or section 6051.
(g) Additional information required in the case of securities transactions, etc.
(1) In general
If a broker is otherwise required to make a return under subsection (a) with respect to the gross proceeds of the sale of a covered security, the broker shall include in such return the information described in paragraph (2).
(2) Additional information required
(A) In general
The information required under paragraph (1) to be shown on a return with respect to a covered security of a customer shall include the customer's adjusted basis in such security and whether any gain or loss with respect to such security is long-term or short-term (within the meaning of section 1222).
(B) Determination of adjusted basis
For purposes of subparagraph (A)—
(i) In general
The customer's adjusted basis shall be determined—
(I) in the case of any security (other than any stock for which an average basis method is permissible under section 1012), in accordance with the first-in first-out method unless the customer notifies the broker by means of making an adequate identification of the stock sold or transferred, and
(II) in the case of any stock for which an average basis method is permissible under section 1012, in accordance with the broker's default method unless the customer notifies the broker that he elects another acceptable method under section 1012 with respect to the account in which such stock is held.
(ii) Exception for wash sales
Except as otherwise provided by the Secretary, the customer's adjusted basis shall be determined without regard to section 1091 (relating to loss from wash sales of stock or securities) unless the transactions occur in the same account with respect to identical securities.
(iii) Treatment of uncorrected de minimis errors
Except as otherwise provided by the Secretary, the customer's adjusted basis shall be determined by treating any incorrect dollar amount which is not required to be corrected by reason of section 6721(c)(3) or section 6722(c)(3) as the correct amount.
(3) Covered security
For purposes of this subsection—
(A) In general
The term "covered security" means any specified security acquired on or after the applicable date if such security—
(i) was acquired through a transaction in the account in which such security is held, or
(ii) was transferred to such account from an account in which such security was a covered security, but only if the broker received a statement under section 6045A with respect to the transfer.
(B) Specified security
The term "specified security" means—
(i) any share of stock in a corporation,
(ii) any note, bond, debenture, or other evidence of indebtedness,
(iii) any commodity, or contract or derivative with respect to such commodity, if the Secretary determines that adjusted basis reporting is appropriate for purposes of this subsection,
(iv) any digital asset, and
(v) any other financial instrument with respect to which the Secretary determines that adjusted basis reporting is appropriate for purposes of this subsection.
(C) Applicable date
The term "applicable date" means—
(i) January 1, 2011, in the case of any specified security which is stock in a corporation (other than any stock described in clause (ii)),
(ii) January 1, 2012, in the case of any stock for which an average basis method is permissible under section 1012,
(iii) January 1, 2023, in the case of any specified security which is a digital asset, and
(iv) January 1, 2013, or such later date determined by the Secretary in the case of any other specified security.
(D) Digital asset
Except as otherwise provided by the Secretary, the term "digital asset" means any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.
(4) Treatment of S corporations
In the case of the sale of a covered security acquired by an S corporation (other than a financial institution) after December 31, 2011, such S corporation shall be treated in the same manner as a partnership for purposes of this section.
(5) Special rules for short sales
In the case of a short sale, reporting under this section shall be made for the year in which such sale is closed.
(6) Special rule for certain stock held in connection with dividend reinvestment plan
For purposes of this subsection, stock acquired before January 1, 2012, in connection with a dividend reinvestment plan shall be treated as stock described in clause (ii) of paragraph (3)(C) (unless the broker with respect to such stock elects not to have this paragraph apply with respect to such stock).
(h) Application to options on securities
(1) Exercise of option
For purposes of this section, if a covered security is acquired or disposed of pursuant to the exercise of an option that was granted or acquired in the same account as the covered security, the amount received with respect to the grant or paid with respect to the acquisition of such option shall be treated as an adjustment to gross proceeds or as an adjustment to basis, as the case may be.
(2) Lapse or closing transaction
In the case of the lapse (or closing transaction (as defined in section 1234(b)(2)(A))) of an option on a specified security or the exercise of a cash-settled option on a specified security, reporting under subsections (a) and (g) with respect to such option shall be made for the calendar year which includes the date of such lapse, closing transaction, or exercise.
(3) Prospective application
Paragraphs (1) and (2) shall not apply to any option which is granted or acquired before January 1, 2013.
(4) Definitions
For purposes of this subsection, the terms "covered security" and "specified security" shall have the meanings given such terms in subsection (g)(3).
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
2021—Subsec. (c)(1)(C).
Subsec. (c)(1)(D).
Subsec. (g)(3)(B)(iv), (v).
Subsec. (g)(3)(C)(iii), (iv).
Subsec. (g)(3)(D).
2015—Subsec. (g)(2)(B)(iii).
2014—Subsec. (g)(6).
2008—Subsec. (b).
Subsec. (d).
Subsecs. (g), (h).
2005—Subsec. (e)(5)(A).
1997—Subsec. (e)(5).
Subsec. (f).
1996—Subsec. (b)(1).
Subsec. (e)(3).
1992—Subsec. (e)(4).
1990—Subsec. (e)(4).
1989—Subsec. (e)(3), (4).
1988—Subsec. (c)(1).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3).
1986—Subsec. (b).
Subsec. (e).
1984—Subsec. (c)(4).
Subsec. (d).
1982—
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Effective Date of 2015 Amendment
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 312(c) of
Effective Date of 1996 Amendments
Amendment by
Effective Date of 1992 Amendment
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 1015(e)(3) of
Amendment by section 4005(g)(3) of
Effective Date of 1986 Amendment
Amendment by section 1501(c)(4) of
Effective Date of 1984 Amendment
Amendment by section 714(e)(1) of
Effective Date of 1982 Amendment
"(A) regulations relating to reporting by commodities and securities brokers shall be issued under section 6045 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by this Act) within 6 months after the date of the enactment of this Act [Sept. 3, 1982], and
"(B) such regulations shall not apply to transactions occurring before January 1, 1983."
Rule of Construction
"(1) whether any person is a broker under section 6045(c)(1) of the Internal Revenue Code of 1986, or
"(2) whether any digital asset is property which is a specified security under section 6045(g)(3)(B) of such Code."
No Penalty for Payments Before January 1, 1985
§6045A. Information required in connection with transfers of covered securities to brokers
(a) Furnishing of information
Every applicable person which transfers to a broker (as defined in section 6045(c)(1)) a covered security (as defined in section 6045(g)(3)) in the hands of such applicable person shall furnish to such broker a written statement in such manner and setting forth such information as the Secretary may by regulations prescribe for purposes of enabling such broker to meet the requirements of section 6045(g).
(b) Applicable person
For purposes of subsection (a), the term "applicable person" means—
(1) any broker (as defined in section 6045(c)(1)), and
(2) any other person as provided by the Secretary in regulations.
(c) Time for furnishing statement
Except as otherwise provided by the Secretary, any statement required by subsection (a) shall be furnished not later than 15 days after the date of the transfer described in such subsection.
(d) Return requirement for certain transfers of digital assets not otherwise subject to reporting
Any broker, with respect to any transfer (which is not part of a sale or exchange executed by such broker) during a calendar year of a covered security which is a digital asset from an account maintained by such broker to an account which is not maintained by, or an address not associated with, a person that such broker knows or has reason to know is also a broker, shall make a return for such calendar year, in such form as determined by the Secretary, showing the information otherwise required to be furnished with respect to transfers subject to subsection (a).
(Added
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Effective Date
Section effective Jan. 1, 2011, see section 403(e)(1) of
§6045B. Returns relating to actions affecting basis of specified securities
(a) In general
According to the forms or regulations prescribed by the Secretary, any issuer of a specified security shall make a return setting forth—
(1) a description of any organizational action which affects the basis of such specified security of such issuer,
(2) the quantitative effect on the basis of such specified security resulting from such action, and
(3) such other information as the Secretary may prescribe.
(b) Time for filing return
Any return required by subsection (a) shall be filed not later than the earlier of—
(1) 45 days after the date of the action described in subsection (a), or
(2) January 15 of the year following the calendar year during which such action occurred.
(c) Statements to be furnished to holders of specified securities or their nominees
According to the forms or regulations prescribed by the Secretary, every person required to make a return under subsection (a) with respect to a specified security shall furnish to the nominee with respect to the specified security (or certificate holder if there is no nominee) a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return,
(2) the information required to be shown on such return with respect to such security, and
(3) such other information as the Secretary may prescribe.
The written statement required under the preceding sentence shall be furnished to the holder on or before January 15 of the year following the calendar year during which the action described in subsection (a) occurred.
(d) Specified security
For purposes of this section, the term "specified security" has the meaning given such term by section 6045(g)(3)(B). No return shall be required under this section with respect to actions described in subsection (a) with respect to a specified security which occur before the applicable date (as defined in section 6045(g)(3)(C)) with respect to such security.
(e) Public reporting in lieu of return
The Secretary may waive the requirements under subsections (a) and (c) with respect to a specified security, if the person required to make the return under subsection (a) makes publicly available, in such form and manner as the Secretary determines necessary to carry out the purposes of this section—
(1) the name, address, phone number, and email address of the information contact of such person, and
(2) the information described in paragraphs (1), (2), and (3) of subsection (a).
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 2011, see section 403(e)(1) of
§6046. Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock
(a) Requirement of return
(1) In general
A return complying with the requirements of subsection (b) shall be made by—
(A) each United States citizen or resident who becomes an officer or director of a foreign corporation if a United States person (as defined in section 7701(a)(30)) meets the stock ownership requirements of paragraph (2) with respect to such corporation,
(B) each United States person—
(i) who acquires stock which, when added to any stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, or
(ii) who acquires stock which, without regard to stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation,
(C) each person (not described in subparagraph (B)) who is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and
(D) each person who becomes a United States person while meeting the stock ownership requirements of paragraph (2) with respect to stock of a foreign corporation.
In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), subparagraph (A) shall be treated as including a reference to each United States person who is an officer or director of such corporation.
(2) Stock ownership requirements
A person meets the stock ownership requirements of this paragraph with respect to any corporation if such person owns 10 percent or more of—
(A) the total combined voting power of all classes of stock of such corporation entitled to vote, or
(B) the total value of the stock of such corporation.
(b) Form and contents of returns
The returns required by subsection (a) shall be in such form and shall set forth, in respect of the foreign corporation, such information as the Secretary prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws, except that in the case of persons described only in subsection (a)(1)(A) the information required shall be limited to the names and addresses of persons described in subparagraph (B) or (C) of subsection (a)(1).
(c) Ownership of stock
For purposes of subsection (a), stock owned directly or indirectly by a person (including, in the case of an individual, stock owned by members of his family) shall be taken into account. For purposes of the preceding sentence, the family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants.
(d) Time for filing
Any return required by subsection (a) shall be filed on or before the 90th day after the day on which, under any provision of subsection (a), the United States citizen, resident, or person becomes liable to file such return (or on or before such later day as the Secretary may by forms or regulations prescribe).
(e) Limitation
No information shall be required to be furnished under this section with respect to any foreign corporation unless such information was required to be furnished under regulations which have been in effect for at least 90 days before the date on which the United States citizen, resident, or person becomes liable to file a return required under subsection (a).
(f) Cross reference
For provisions relating to penalties for violations of this section, sections 6679 and 7203.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
2007—Subsec. (b).
1997—Subsec. (a).
"(1) each United States citizen or resident who is on January 1, 1963, an officer or director of a foreign corporation, 5 percent or more in value of the stock of which is owned by a United States person (as defined in section 7701(a)(30)), or who becomes such an officer or director at any time after such date,
"(2) each United States person who on January 1, 1963, owns 5 percent or more in value of the stock of a foreign corporation, or who, at any time after such date—
"(A) acquires stock which, when added to any stock owned on January 1, 1963, has a value equal to 5 percent or more of the value of the stock of a foreign corporation, or
"(B) acquires an additional 5 percent or more in value of the stock of a foreign corporation,
"(3) each person (not described in paragraph (2)) who, at any time after January 1, 1987, is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and
"(4) each person who at any time after January 1, 1963, becomes a United States person while owning 5 percent or more in value of the stock of a foreign corporation.
In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), paragraph (1) shall be treated as including a reference to each United States person who is an officer or director of such corporation."
1988—Subsec. (a).
Subsec. (a)(3), (4).
Subsec. (b).
1982—Subsec. (d).
1976—Subsec. (b).
Subsec. (e).
1962—
Subsec. (a).
"(a)
"(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and
"(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family),
shall make a return in compliance with the provisions of subsection (b)."
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (f).
1960—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1982 Amendment
Effective Date of 1962 Amendment
Effective Date of 1960 Amendment
§6046A. Returns as to interests in foreign partnerships
(a) Requirement of return
Any United States person, except to the extent otherwise provided by regulations—
(1) who acquires any interest in a foreign partnership,
(2) who disposes of any portion of his interest in a foreign partnership, or
(3) whose proportional interest in a foreign partnership changes substantially,
shall file a return. Paragraphs (1) and (2) shall apply to any acquisition or disposition only if the United States person directly or indirectly holds at least a 10-percent interest in such partnership either before or after such acquisition or disposition, and paragraph (3) shall apply to any change only if the change is equivalent to at least a 10-percent interest in such partnership.
(b) Form and contents of return
Any return required by subsection (a) shall be in such form and set forth such information as the Secretary shall by regulations prescribe.
(c) Time for filing return
Any return required by subsection (a) shall be filed on or before the 90th day (or on or before such later day as the Secretary may by regulations prescribe) after the day on which the United States person becomes liable to file such return.
(d) 10-percent interest
For purposes of subsection (a), a 10-percent interest in a partnership is an interest described in section 6038(e)(3)(C).
(e) Cross reference
For provisions relating to penalties for violations of this section, see sections 6679 and 7203.
(Added
Editorial Notes
Amendments
1997—Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Effective Date
Special Rule for Certain International Satellite Partnerships
For provision that this section is not applicable to certain international satellite partnerships, see section 406 of
§6047. Information relating to certain trusts and annuity plans
(a) Trustees and insurance companies
The trustee of a trust described in section 401(a) which is exempt from tax under section 501(a) to which contributions have been paid under a plan on behalf of any owner-employee (as defined in section 401(c)(3)), and each insurance company or other person which is the issuer of a contract purchased by such a trust, or purchased under a plan described in section 403(a), contributions for which have been paid on behalf of any owner-employee, shall file such returns (in such form and at such times), keep such records, make such identification of contracts and funds (and accounts within such funds), and supply such information, as the Secretary shall by forms or regulations prescribe.
(b) Owner-employees
Every individual on whose behalf contributions have been paid as an owner-employee (as defined in section 401(c)(3))—
(1) to a trust described in section 401(a) which is exempt from tax under section 501(a), or
(2) to an insurance company or other person under a plan described in section 403(a),
shall furnish the trustee, insurance company, or other person, as the case may be, such information at such times and in such form and manner as the Secretary shall prescribe by forms or regulations.
(c) Other programs
To the extent provided by regulations prescribed by the Secretary, the provisions of this section apply with respect to any payment described in section 219 and to transactions of any trust described in section 408(a) or under an individual retirement annuity described in section 408(b).
(d) Reports by employers, plan administrators, etc.
(1) In general
The Secretary shall by forms or regulations require that—
(A) the employer maintaining, or the plan administrator (within the meaning of section 414(g)) of, a plan from which designated distributions (as defined in section 3405(e)(1)) may be made, and
(B) any person issuing any contract under which designated distributions (as so defined) may be made,
make returns and reports regarding such plan (or contract) to the Secretary, to the participants and beneficiaries of such plan (or contract), and to such other persons as the Secretary may by regulations prescribe. No return or report may be required under the preceding sentence with respect to distributions to any person during any year unless such distributions aggregate $10 or more.
(2) Form, etc., of reports
Such reports shall be in such form, made at such time, and contain such information as the Secretary may prescribe by forms or regulations.
(e) Employee stock ownership plans
The Secretary shall require—
(1) any employer maintaining, or the plan administrator (within the meaning of section 414(g)) of, an employee stock ownership plan which holds stock with respect to which section 404(k) applies to dividends paid on such stock, or
(2) both such employer or plan administrator,
to make returns and reports regarding such plan, transaction, or loan to the Secretary and to such other persons as the Secretary may prescribe. Such returns and reports shall be made in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe.
(f) Designated Roth contributions
The Secretary shall require the plan administrator of each applicable retirement plan (as defined in section 402A) to make such returns and reports regarding designated Roth contributions (as defined in section 402A) to the Secretary, participants and beneficiaries of the plan, and such other persons as the Secretary may prescribe.
(g) Information relating to life insurance contract transactions
This section shall not apply to any information which is required to be reported under section 6050Y.
(h) Cross references
(1) For provisions relating to penalties for failures to file returns and reports required under this section, see sections 6652(e), 6721, and 6722.
(2) For criminal penalty for furnishing fraudulent information, see section 7207.
(3) For provisions relating to penalty for failure to comply with the provisions of subsection (d), see section 6704.
(4) For provisions requiring reporting of information relating to certain life insurance contract transactions, see section 6050Y.
(Added
Editorial Notes
Amendments
2017—Subsec. (g).
Subsec. (h).
Subsec. (h)(4).
2001—Subsecs. (f), (g).
1996—Subsec. (d)(1).
Subsec. (e)(1) to (3).
"(1) any employer maintaining, or the plan administrator (within the meaning of section 414(g)) of, an employee stock ownership plan—
"(A) which acquired stock in a transaction to which section 133 applies, or
"(B) which holds stock with respect to which section 404(k) applies to dividends paid on such stock,
"(2) any person making or holding a loan to which section 133 applies, or
"(3) both such employer or plan administrator and such person,".
Subsec. (f)(1).
1992—Subsec. (d)(1)(A).
1989—Subsecs. (e), (f).
1986—Subsec. (e)(1).
Subsec. (e)(3).
1984—
Subsecs. (c) to (f).
1983—Subsec. (d).
1982—Subsecs. (e), (f).
1981—Subsec. (d).
1976—Subsecs. (a) to (d).
Subsec. (d).
1974—Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
"(1) reportable policy sales (as defined in section 6050Y(d)(2) of the Internal Revenue Code of 1986 (as added by subsection (a)) after December 31, 2017, and
"(2) reportable death benefits (as defined in section 6050Y(d)(4) of such Code (as added by subsection (a)) paid after December 31, 2017."
Effective Date of 2001 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1455(b)(2), (d)(1) of
Amendment by section 1602(b)(6) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by section 1501(d)(1)(D) of
Amendment by section 1848(e)(2) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1501(b)(9) of
Effective Date of 1974 Amendment
Amendment by section 1031(c)(3) of
Amendment by section 2002(g)(8) of
Effective Date
Section applicable to taxable years beginning after Dec. 31, 1962, see section 8 of
Plan Amendments Not Required Until January 1, 1998
For provisions directing that if any amendments made by subtitle D [§§1401–1465] of title I of
Plan Amendments Not Required Until January 1, 1994
For provisions directing that if any amendments made by subtitle B [§§521–523] of title V of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§6048. Information with respect to certain foreign trusts
(a) Notice of certain events
(1) General rule
On or before the 90th day (or such later day as the Secretary may prescribe) after any reportable event, the responsible party shall provide written notice of such event to the Secretary in accordance with paragraph (2).
(2) Contents of notice
The notice required by paragraph (1) shall contain such information as the Secretary may prescribe, including—
(A) the amount of money or other property (if any) transferred to the trust in connection with the reportable event, and
(B) the identity of the trust and of each trustee and beneficiary (or class of beneficiaries) of the trust.
(3) Reportable event
For purposes of this subsection—
(A) In general
The term "reportable event" means—
(i) the creation of any foreign trust by a United States person,
(ii) the transfer of any money or property (directly or indirectly) to a foreign trust by a United States person, including a transfer by reason of death, and
(iii) the death of a citizen or resident of the United States if—
(I) the decedent was treated as the owner of any portion of a foreign trust under the rules of subpart E of part I of subchapter J of
(II) any portion of a foreign trust was included in the gross estate of the decedent.
(B) Exceptions
(i) Fair market value sales
Subparagraph (A)(ii) shall not apply to any transfer of property to a trust in exchange for consideration of at least the fair market value of the transferred property. For purposes of the preceding sentence, consideration other than cash shall be taken into account at its fair market value and the rules of section 679(a)(3) shall apply.
(ii) Deferred compensation and charitable trusts
Subparagraph (A) shall not apply with respect to a trust which is—
(I) described in section 402(b), 404(a)(4), or 404A, or
(II) determined by the Secretary to be described in section 501(c)(3).
(4) Responsible party
For purposes of this subsection, the term "responsible party" means—
(A) the grantor in the case of the creation of an inter vivos trust,
(B) the transferor in the case of a reportable event described in paragraph (3)(A)(ii) other than a transfer by reason of death, and
(C) the executor of the decedent's estate in any other case.
(b) United States owner of foreign trust
(1) In general
If, at any time during any taxable year of a United States person, such person is treated as the owner of any portion of a foreign trust under the rules of subpart E of part I of subchapter J of
(A) such trust makes a return for such year which sets forth a full and complete accounting of all trust activities and operations for the year, the name of the United States agent for such trust, and such other information as the Secretary may prescribe, and
(B) such trust furnishes such information as the Secretary may prescribe to each United States person (i) who is treated as the owner of any portion of such trust or (ii) who receives (directly or indirectly) any distribution from the trust.
(2) Trusts not having United States agent
(A) In general
If the rules of this paragraph apply to any foreign trust, the determination of amounts required to be taken into account with respect to such trust by a United States person under the rules of subpart E of part I of subchapter J of
(B) United States agent required
The rules of this paragraph shall apply to any foreign trust to which paragraph (1) applies unless such trust agrees (in such manner, subject to such conditions, and at such time as the Secretary shall prescribe) to authorize a United States person to act as such trust's limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to—
(i) any request by the Secretary to examine records or produce testimony related to the proper treatment of amounts required to be taken into account under the rules referred to in subparagraph (A), or
(ii) any summons by the Secretary for such records or testimony.
The appearance of persons or production of records by reason of a United States person being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of the amounts required to be taken into account under the rules referred to in subparagraph (A). A foreign trust which appoints an agent described in this subparagraph shall not be considered to have an office or a permanent establishment in the United States, or to be engaged in a trade or business in the United States, solely because of the activities of such agent pursuant to this subsection.
(C) Other rules to apply
Rules similar to the rules of paragraphs (2) and (4) of section 6038A(e) shall apply for purposes of this paragraph.
(c) Reporting by United States beneficiaries of foreign trusts
(1) In general
If any United States person receives (directly or indirectly) during any taxable year of such person any distribution from a foreign trust, such person shall make a return with respect to such trust for such year which includes—
(A) the name of such trust,
(B) the aggregate amount of the distributions so received from such trust during such taxable year, and
(C) such other information as the Secretary may prescribe.
(2) Inclusion in income if records not provided
(A) In general
If adequate records are not provided to the Secretary to determine the proper treatment of any distribution from a foreign trust, such distribution shall be treated as an accumulation distribution includible in the gross income of the distributee under
(B) Application of accumulation distribution rules
For purposes of applying section 668 in a case to which subparagraph (A) applies, the applicable number of years for purposes of section 668(a) shall be ½ of the number of years the trust has been in existence.
(d) Special rules
(1) Determination of whether United States person makes transfer or receives distribution
For purposes of this section, in determining whether a United States person makes a transfer to, or receives a distribution from, a foreign trust, the fact that a portion of such trust is treated as owned by another person under the rules of subpart E of part I of subchapter J of
(2) Domestic trusts with foreign activities
To the extent provided in regulations, a trust which is a United States person shall be treated as a foreign trust for purposes of this section and section 6677 if such trust has substantial activities, or holds substantial property, outside the United States.
(3) Time and manner of filing information
Any notice or return required under this section shall be made at such time and in such manner as the Secretary shall prescribe.
(4) Modification of return requirements
The Secretary is authorized to suspend or modify any requirement of this section if the Secretary determines that the United States has no significant tax interest in obtaining the required information.
(5) United States person's return must be consistent with trust return or Secretary notified of inconsistency
Rules similar to the rules of section 6034A(c) shall apply to items reported by a trust under subsection (b)(1)(B) and to United States persons referred to in such subsection.
(Added
Editorial Notes
Amendments
2010—Subsec. (b)(1).
1997—Subsec. (b).
Subsec. (d)(5).
1996—
1982—Subsec. (a).
1976—
Subsec. (b).
Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 1997 Amendment
Amendment by section 1027(b) of
Amendment by section 1601(i)(1) of
Effective Date of 1996 Amendment
"(1)
"(2)
"(3)
Effective Date of 1982 Amendment
Amendment by
§6049. Returns regarding payments of interest
(a) Requirement of reporting
Every person—
(1) who makes payments of interest (as defined in subsection (b)) aggregating $10 or more to any other person during any calendar year, or
(2) who receives payments of interest (as so defined) as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the interest so received,
shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid.
(b) Interest defined
(1) General rule
For purposes of subsection (a), the term "interest" means—
(A) interest on any obligation—
(i) issued in registered form, or
(ii) of a type offered to the public,
other than any obligation with a maturity (at issue) of not more than 1 year which is held by a corporation,
(B) interest on deposits with persons carrying on the banking business,
(C) amounts (whether or not designated as interest) paid by a mutual savings bank, savings and loan association, building and loan association, cooperative bank, homestead association, credit union, industrial loan association or bank, or similar organization, in respect of deposits, investment certificates, or withdrawable or repurchasable shares,
(D) interest on amounts held by an insurance company under an agreement to pay interest thereon,
(E) interest on deposits with brokers (as defined in section 6045(c)),
(F) interest paid on amounts held by investment companies (as defined in section 3 of the Investment Company Act of 1940 (
(G) to the extent provided in regulations prescribed by the Secretary, any other interest (which is not described in paragraph (2)).
(2) Exceptions
For purposes of subsection (a), the term "interest" does not include—
(A) interest on any obligation issued by a natural person,
(B) except to the extent otherwise provided in regulations—
(i) any amount paid to any person described in paragraph (4), or
(ii) any amount described in paragraph (5), and
(C) except to the extent otherwise provided in regulations, any amount not described in subparagraph (B) of this paragraph which is income from sources outside the United States or which is paid by—
(i) a foreign government or international organization or any agency or instrumentality thereof,
(ii) a foreign central bank of issue,
(iii) a foreign corporation not engaged in a trade or business in the United States,
(iv) a foreign corporation, the interest payments of which would be exempt from withholding under subchapter A of
(v) a partnership not engaged in a trade or business in the United States and composed in whole of nonresident alien individuals and persons described in clause (i), (ii), or (iii).
(3) Payments by United States nominees, etc., of United States person
If, within the United States, a United States person—
(A) collects interest (or otherwise acts as a middleman between the payor and payee) from a foreign person described in paragraph (2)(D) or collects interest from a United States person which is income from sources outside the United States for a second person who is a United States person, or
(B) makes payments of such interest to such second United States person,
notwithstanding paragraph (2)(D), such payment shall be subject to the requirements of subsection (a) with respect to such second United States person.
(4) Persons described in this paragraph
A person is described in this paragraph if such person is—
(A) a corporation,
(B) an organization exempt from taxation under section 501(a) or an individual retirement plan,
(C) the United States or any wholly owned agency or instrumentality thereof,
(D) a State, the District of Columbia, a possession of the United States, any political subdivision of any of the foregoing, or any wholly owned agency or instrumentality of any one or more of the foregoing,
(E) a foreign government, a political subdivision of a foreign government, or any wholly owned agency or instrumentality of any one or more of the foregoing,
(F) an international organization or any wholly owned agency or instrumentality thereof,
(G) a foreign central bank of issue,
(H) a dealer in securities or commodities required to register as such under the laws of the United States or a State, the District of Columbia, or a possession of the United States,
(I) a real estate investment trust (as defined in section 856),
(J) an entity registered at all times during the taxable year under the Investment Company Act of 1940,
(K) a common trust fund (as defined in section 584(a)), or
(L) any trust which—
(i) is exempt from tax under section 664(c), or
(ii) is described in section 4947(a)(1).
(5) Amounts described in this paragraph
An amount is described in this paragraph if such amount—
(A) is subject to withholding under subchapter A of
(B) would be subject to withholding under subchapter A of
(i) such amount is income from sources outside the United States,
(ii) the payor thereof is exempt from the application of section 1441(a) by reason of section 1441(c) or a tax treaty,
(iii) such amount is original issue discount (within the meaning of section 1273(a)), or
(iv) such amount is described in section 871(i)(2).
(c) Statements to be furnished to persons with respect to whom information is required
(1) In general
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(A) the name, address, and phone number of the information contact of the person required to make such return, and
(B) the aggregate amount of payments to, or the aggregate amount includible in the gross income of, the person required to be shown on the return.
(2) Time and form of statement
The written statement under paragraph (1)—
(A) shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made, and
(B) shall be in such form as the Secretary may prescribe by regulations.
(d) Definitions and special rules
For purposes of this section—
(1) Person
The term "person" includes any governmental unit and any agency or instrumentality thereof and any international organization and any agency or instrumentality thereof.
(2) Obligation
The term "obligation" includes bonds, debentures, notes, certificates, and other evidences of indebtedness.
(3) Payments by governmental units
In the case of payments made by any governmental unit or any agency or instrumentality thereof, the officer or employee having control of the payment of interest (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section.
(4) Financial institutions, brokers, etc., collecting interest may be substituted for payor
To the extent and in the manner provided by regulations, in the case of any obligation—
(A) a financial institution, broker, or other person specified in such regulations which collects interest on such obligation for the payee (or otherwise acts as a middleman between the payor and the payee) shall comply with the requirements of subsections (a) and (c), and
(B) no other person shall be required to comply with the requirements of subsections (a) and (c) with respect to any interest on such obligation for which reporting is required pursuant to subparagraph (A).
(5) Interest on certain obligations may be treated on a transactional basis
(A) In general
To the extent and in the manner provided in regulations, this section shall apply with respect to—
(i) any person described in paragraph (4)(A), and
(ii) in the case of any United States savings bonds, any Federal agency making payments thereon,
on any transactional basis rather than on an annual aggregation basis.
(B) Separate returns and statements
If subparagraph (A) applies to interest on any obligation, the return under subsection (a) and the statement furnished under subsection (c) with respect to such transaction may be made separately, but any such statement shall be furnished to the payee at such time as the Secretary may prescribe by regulations but not later than January 31 of the next calendar year.
(C) Statement to payee required in case of transactions involving $10 or more
In the case of any transaction to which this paragraph applies which involves the payment of $10 or more of interest, a statement of the transaction may be provided to the payee of such interest in lieu of the statement required under subsection (c). Such statement shall be provided during January of the year following the year in which such payment is made.
(6) Treatment of original issue discount
(A) In general
Original issue discount on any obligation shall be reported—
(i) as if paid at the time it is includible in gross income under section 1272 (except that for such purpose the amount reportable with respect to any subsequent holder shall be determined as if he were the original holder), and
(ii) if section 1272 does not apply to the obligation, at maturity (or, if earlier, on redemption).
In the case of any obligation not in registered form issued before January 1, 1983, clause (ii) and not clause (i) shall apply.
(B) Original issue discount
For purposes of this paragraph, the term "original issue discount" has the meaning given to such term by section 1273(a).
(7) Interests in REMIC's and certain other debt instruments
(A) In general
For purposes of subsection (a), the term "interest" includes amounts includible in gross income with respect to regular interests in REMIC's (and such amounts shall be treated as paid when includible in gross income under section 860B(b)).
(B) Reporting to corporations, etc.
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph and any other debt instrument to which section 1272(a)(6) applies, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
(C) Additional information
Except as otherwise provided in regulations, any return or statement required to be filed or furnished under this section with respect to interest income described in subparagraph (A) and interest on any other debt instrument to which section 1272(a)(6) applies shall also provide information setting forth the adjusted issue price of the interest to which the return or statement relates at the beginning of each accrual period with respect to which interest income is required to be reported on such return or statement and information necessary to compute accrual of market discount.
(D) Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
(8) Reporting of credit on clean renewable energy bonds
(A) In general
For purposes of subsection (a), the term "interest" includes amounts includible in gross income under section 54(g) 1 and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(b)(4)).1
(B) Reporting to corporations, etc.
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection.
(C) Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
(9) Reporting of credit on qualified tax credit bonds
(A) In general
For purposes of subsection (a), the term "interest" includes amounts includible in gross income under section 54A 1 and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)).1
(B) Reporting to corporations, etc.
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
(C) Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
(Added
Editorial Notes
References in Text
The Investment Company Act of 1940, referred to in subsec. (b)(4)(J), is title I of act Aug. 22, 1940, ch. 686,
Section 54, referred to in subsec. (d)(8)(A), was repealed by
Section 54A, referred to in subsec (d)(9)(A), was repealed by
Codification
Amendments
2018—Subsec. (d)(8)(A).
2008—Subsec. (d)(9).
2006—Subsec. (b)(2)(B).
Subsec. (b)(2)(C).
Subsec. (b)(2)(D).
2005—Subsec. (d)(8).
Subsec. (d)(8)(A).
1996—Subsec. (c)(1)(A).
1988—Subsec. (d)(7)(A).
Subsec. (d)(7)(C).
1986—Subsec. (b)(5)(B)(iii).
Subsec. (b)(5)(B)(iv).
Subsec. (c).
Subsec. (d)(7).
1984—Subsec. (b)(2)(E).
Subsec. (d)(6)(A).
Subsec. (d)(6)(B).
1983—Subsec. (a).
Subsec. (b)(2)(B).
Subsec. (b)(2)(C).
Subsec. (b)(4), (5).
Subsec. (c)(1)(C).
Subsec. (c)(2).
Subsec. (e).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1976—Subsec. (a).
Subsec. (b)(1), (2)(A), (B).
1969—Subsec. (a)(1)(C).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effective Date of 2006 Amendment
Effective Date of 2005 Amendment
"(1)
"(2)
"(1)
"(2)
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by section 674 of
Amendment by section 1214(c)(4) of
Amendment by section 1501(c)(5) of
Amendment by section 1803(a)(14)(C) of
Effective Date of 1984 Amendment
Amendment by section 42(a)(14) of
Amendment by section 474(r)(29)(J) of
Effective Date of 1983 Amendment
Amendment by section 102(a), (e) of
Amendment by section 108(a) of
Effective Date of 1982 Amendment
Effective Date of 1969 Amendment
Effective Date
Section applicable to payments of dividends and interest made on or after Jan. 1, 1963, and to payments of amounts described in
Savings Provision
For provisions that amendment made by
For provisions that nothing in amendment by
Applicability of Certain Amendments by Pub. L. 99–514 in Relation to Treaty Obligations of United States
For nonapplication of amendment by section 1214(c)(4) of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
1 See References in Text note below.
[§6050. Repealed. Pub. L. 96–167, §5(a), Dec. 29, 1979, 93 Stat. 1276 ]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§6050A. Reporting requirements of certain fishing boat operators
(a) Reports
The operator of a boat on which one or more individuals, during a calendar year, perform services described in section 3121(b)(20) shall submit to the Secretary (at such time, and in such manner and form, as the Secretary shall by regulations prescribe) information respecting—
(1) the identity of each individual performing such services;
(2) the percentage of each such individual's share of the catches of fish or other forms of aquatic animal life, and the percentage of the operator's share of such catches;
(3) if such individual receives his share in kind, the type and weight of such share, together with such other information as the Secretary may prescribe by regulations reasonably necessary to determine the value of such share;
(4) if such individual receives a share of the proceeds of such catches, the amount so received; and
(5) any cash remuneration described in section 3121(b)(20)(A).
(b) Written statement
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing the information relating to such person required to be contained in such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(Added
Editorial Notes
Amendments
1996—Subsec. (a)(5).
1986—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendments by
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective for calendar years beginning after Oct. 4, 1976, see section 1207(f)(4)(A) of
§6050B. Returns relating to unemployment compensation
(a) Requirement of reporting
Every person who makes payments of unemployment compensation aggregating $10 or more to any individual during any calendar year shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amounts of such payments and the name and address of the individual to whom paid.
(b) Statements to be furnished to individuals with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of payments to the individual required to be shown on such return.
The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(c) Definitions
For purposes of this section—
(1) Unemployment compensation
The term "unemployment compensation" has the meaning given to such term by section 85(b).
(2) Person
The term "person" means the officer or employee having control of the payment of the unemployment compensation, or the person appropriately designated for purposes of this section.
(Added
Editorial Notes
Amendments
1996—Subsec. (b)(1).
Subsec. (c)(1).
1986—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section applicable to payments of unemployment compensation made after Dec. 31, 1978, in taxable years ending after such date, but not applicable to payments made for weeks of unemployment ending before Dec. 1, 1978, see section 112(d) of
Waiver of Statute of Limitations
For provisions relating to credit or refund of overpayment of tax resulting from 1984 amendment to section 112(d) of
[§6050C. Repealed. Pub. L. 100–418, title I, §1941(b)(1), Aug. 23, 1988, 102 Stat. 1323 ]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable to crude oil removed from the premises on or after Aug. 23, 1988, see section 1941(c) of
§6050D. Returns relating to energy grants and financing
(a) In general
Every person who administers a Federal, State, or local program a principal purpose of which is to provide subsidized financing or grants for projects to conserve or produce energy shall, to the extent required under regulations prescribed by the Secretary, make a return setting forth the name and address of each taxpayer receiving financing or a grant under such program and the aggregate amount so received by such individual.
(b) Definition of person
For purposes of this section, the term "person" means the officer or employee having control of the program, or the person appropriately designated for purposes of this section.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§6050E. State and local income tax refunds
(a) Requirement of reporting
Every person who, with respect to any individual, during any calendar year makes payments of refunds of State or local income taxes (or allows credits or offsets with respect to such taxes) aggregating $10 or more shall make a return according to forms or regulations prescribed by the Secretary setting forth the aggregate amount of such payments, credits, or offsets, and the name and address of the individual with respect to whom such payment, credit, or offset was made.
(b) Statements to be furnished to individuals with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name of the State or political subdivision thereof, and
(2) the information required to be shown on the return with respect to refunds, credits, and offsets to the individual.
The written statement required under the preceding sentence shall be furnished to the individual during January of the calendar year following the calendar year for which the return under subsection (a) was required to be made. No statement shall be required under this subsection with respect to any individual if it is determined (in the manner provided by regulations) that such individual did not claim itemized deductions under
(c) Person defined
For purposes of this section, the term "person" means the officer or employee having control of the payment of the refunds (or the allowance of the credits or offsets) or the person appropriately designated for purposes of this section.
(Added
Editorial Notes
Amendments
1986—Subsec. (b).
1984—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Effective Date
§6050F. Returns relating to social security benefits
(a) Requirement of reporting
The appropriate Federal official shall make a return, according to the forms and regulations prescribed by the Secretary, setting forth—
(1) the—
(A) aggregate amount of social security benefits paid with respect to any individual during any calendar year,
(B) aggregate amount of social security benefits repaid by such individual during such calendar year, and
(C) aggregate reductions under section 224 of the Social Security Act (or under section 3(a)(1) of the Railroad Retirement Act of 1974) in benefits which would otherwise have been paid to such individual during the calendar year on account of amounts received under a workmen's compensation act, and
(2) the name and address of such individual.
(b) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name of the agency making the payments, and
(2) the aggregate amount of payments, of repayments, and of reductions, with respect to the individual required to be shown on such return.
The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(c) Definitions
For purposes of this section
(1) Appropriate Federal official
The term "appropriate Federal official" means—
(A) the Commissioner of Social Security in the case of social security benefits described in section 86(d)(1)(A), and
(B) the Railroad Retirement Board in the case of social security benefits described in section 86(d)(1)(B).
(2) Social security benefit
The term "social security benefit" has the meaning given to such term by section 86(d)(1).
(Added
Editorial Notes
References in Text
Section 224 of the Social Security Act, referred to in subsec. (a)(1)(C), is classified to
Section 3(a)(1) of the Railroad Retirement Act of 1974, referred to in subsec. (a)(1)(C), is classified to
Amendments
1994—Subsec. (c)(1)(A).
1989—Subsecs. (a), (b)(1), (2), (c)(1)(A).
1988—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(1)(A).
1986—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section applicable to benefits received after Dec. 31, 1983, in taxable years ending after such date, except for any portion of a lump-sum payment of social security benefits received after Dec. 31, 1983, if the generally applicable payment date for such portion was before Jan. 1, 1984, see section 121(g) of
Repeal of Supplemental Medicare Premium and Federal Hospital Insurance Catastrophic Coverage Reserve Fund
§6050G. Returns relating to certain railroad retirement benefits
(a) In general
The Railroad Retirement Board shall make a return, according to the forms and regulations prescribed by the Secretary, setting forth—
(1) the aggregate amount of benefits paid under the Railroad Retirement Act of 1974 (other than tier 1 railroad retirement benefits, as defined in section 86(d)(4)) to any individual during any calendar year,
(2) the employee contributions which are treated as having been paid for purposes of section 72(r),
(3) the name and address of such individual, and
(4) such other information as the Secretary may require.
(b) Statements to be furnished to persons with respect to whom information is required
The Railroad Retirement Board shall furnish to each individual whose name is required to be set forth in the return under subsection (a) a written statement showing—
(1) the aggregate amount of payments to such individual, and of employee contributions with respect thereto, required to be shown on the return, and
(2) such other information as the Secretary may require.
The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(Added
Editorial Notes
References in Text
The Railroad Retirement Act of 1974, referred to in subsec. (a)(1), is act Aug. 29, 1935, ch. 812, as amended generally by
Amendments
2018—Subsec. (a)(2).
1986—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date
Enactment of section applicable to benefits received after Dec. 31, 1983, in taxable years ending after such date, except for portions of lump-sum payments received after Dec. 31, 1983, if the generally applicable payment date for such portion was before Jan. 1, 1984, see section 227(b) of
Savings Provision
For provisions that nothing in amendment by
§6050H. Returns relating to mortgage interest received in trade or business from individuals
(a) Mortgage interest of $600 or more
Any person—
(1) who is engaged in a trade or business, and
(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any mortgage,
shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe.
(b) Form and manner of returns
A return is described in this subsection if such return—
(1) is in such form as the Secretary may prescribe,
(2) contains—
(A) the name and address of the individual from whom the interest described in subsection (a)(2) was received,
(B) the amount of such interest (other than points) received for the calendar year,
(C) the amount of points on the mortgage received during the calendar year and whether such points were paid directly by the borrower,
(D) the amount of outstanding principal on the mortgage as of the beginning of such calendar year,
(E) the date of the origination of the mortgage,
(F) the address (or other description in the case of property without an address) of the property which secures the mortgage, and
(G) such other information as the Secretary may prescribe.
(c) Application to governmental units
For purposes of subsection (a)—
(1) Treated as persons
The term "person" includes any governmental unit (and any agency or instrumentality thereof).
(2) Special rules
In the case of a governmental unit or any agency or instrumentality thereof—
(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and
(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return.
(d) Statements to be furnished to individuals with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of interest described in subsection (a)(2) (other than points) received by the person required to make such return from the individual to whom the statement is required to be furnished (and the information required under subparagraphs (C), (D), (E), and (F) of subsection (b)(2)).
The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(e) Mortgage defined
For purposes of this section, except as provided in regulations prescribed by the Secretary, the term "mortgage" means any obligation secured by real property.
(f) Returns which would be required to be made by 2 or more persons
Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).
(g) Special rules for cooperative housing corporations
For purposes of subsection (a), an amount received by a cooperative housing corporation from a tenant-stockholder shall be deemed to be interest received on a mortgage in the course of a trade or business engaged in by such corporation, to the extent of the tenant-stockholder's proportionate share of interest described in section 216(a)(2). Terms used in the preceding sentence shall have the same meanings as when used in section 216.
(h) Returns relating to mortgage insurance premiums
(1) In general
The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe.
(2) Statement to be furnished to individuals with respect to whom information is required
Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made.
(3) Special rules
For purposes of this subsection—
(A) rules similar to the rules of subsection (c) shall apply, and
(B) the term "mortgage insurance" means—
(i) mortgage insurance provided by the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Service, and
(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (
(Added
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (h)(3)(B)(ii), is the date of enactment of
Amendments
2018—Subsec. (h)(3)(B)(i).
2015—Subsec. (b)(2)(D) to (G).
Subsec. (d)(2).
2006—Subsec. (h).
1996—Subsec. (b)(2)(B).
Subsec. (d)(1).
1989—Subsec. (b)(2)(B).
Subsec. (b)(2)(C), (D).
Subsec. (d)(2).
1986—Subsec. (d).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1989 Amendment
Effective Date of 1986 Amendment
Amendment by section 1501(c)(11) of
Amendment by section 1811(a)(1) of
Effective Date
"(1)
"(2)
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§6050I. Returns relating to cash received in trade or business, etc.
(a) Cash receipts of more than $10,000
Any person—
(1) who is engaged in a trade or business, and
(2) who, in the course of such trade or business, receives more than $10,000 in cash in 1 transaction (or 2 or more related transactions),
shall make the return described in subsection (b) with respect to such transaction (or related transactions) at such time as the Secretary may by regulations prescribe.
(b) Form and manner of returns
A return is described in this subsection if such return—
(1) is in such form as the Secretary may prescribe,
(2) contains—
(A) the name, address, and TIN of the person from whom the cash was received,
(B) the amount of cash received,
(C) the date and nature of the transaction, and
(D) such other information as the Secretary may prescribe.
(c) Exceptions
(1) Cash received by financial institutions
Subsection (a) shall not apply to—
(A) cash received in a transaction reported under
(B) cash received by any financial institution (as defined in subparagraphs (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), and (S) of
(2) Transactions occurring outside the United States
Except to the extent provided in regulations prescribed by the Secretary, subsection (a) shall not apply to any transaction if the entire transaction occurs outside the United States.
(d) Cash includes foreign currency and certain monetary instruments
For purposes of this section, the term "cash" includes—
(1) foreign currency,
(2) to the extent provided in regulations prescribed by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000, and
(3) any digital asset (as defined in section 6045(g)(3)(D)).
Paragraph (2) shall not apply to any check drawn on the account of the writer in a financial institution referred to in subsection (c)(1)(B).
(e) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of cash described in subsection (a) received by the person required to make such return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(f) Structuring transactions to evade reporting requirements prohibited
(1) In general
No person shall for the purpose of evading the return requirements of this section—
(A) cause or attempt to cause a trade or business to fail to file a return required under this section,
(B) cause or attempt to cause a trade or business to file a return required under this section that contains a material omission or misstatement of fact, or
(C) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses.
(2) Penalties
A person violating paragraph (1) of this subsection shall be subject to the same civil and criminal sanctions applicable to a person which fails to file or completes a false or incorrect return under this section.
(g) Cash received by criminal court clerks
(1) In general
Every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense shall make a return described in paragraph (2) (at such time as the Secretary may by regulations prescribe) with respect to the receipt of such bail.
(2) Return
A return is described in this paragraph if such return—
(A) is in such form as the Secretary may prescribe, and
(B) contains—
(i) the name, address, and TIN of—
(I) the individual charged with the specified criminal offense, and
(II) each person posting the bail (other than a person licensed as a bail bondsman),
(ii) the amount of cash received,
(iii) the date the cash was received, and
(iv) such other information as the Secretary may prescribe.
(3) Specified criminal offense
For purposes of this subsection, the term "specified criminal offense" means—
(A) any Federal criminal offense involving a controlled substance,
(B) racketeering (as defined in
(C) money laundering (as defined in section 1956 or 1957 of such title), and
(D) any State criminal offense substantially similar to an offense described in subparagraph (A), (B), or (C).
(4) Information to Federal prosecutors
Each clerk required to include on a return under paragraph (1) the information described in paragraph (2)(B) with respect to an individual described in paragraph (2)(B)(i)(I) shall furnish (at such time as the Secretary may by regulations prescribe) a written statement showing such information to the United States Attorney for the jurisdiction in which such individual resides and the jurisdiction in which the specified criminal offense occurred.
(5) Information to payors of bail
Each clerk required to make a return under paragraph (1) shall furnish (at such time as the Secretary may by regulations prescribe) to each person whose name is required to be set forth in such return by reason of paragraph (2)(B)(i)(II) a written statement showing—
(A) the name and address of the clerk's office required to make the return, and
(B) the aggregate amount of cash described in paragraph (1) received by such clerk.
(Added
Editorial Notes
Amendments
2021—Subsec. (d)(3).
1996—Subsec. (e)(1).
1994—
Subsec. (g).
1990—Subsec. (d).
Subsec. (f).
1988—Subsec. (f).
1986—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Effective Date of 1990 Amendment
"(1) The amendments made by subsections (a) and (b) [amending this section and
"(2) The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act.
"(3) Not later than June 1, 1991, the Secretary of the Treasury or his delegate shall prescribe regulations under section 6050I(d)(2) of the Internal Revenue Code of 1986 (as amended by this section)."
Effective Date of 1988 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date
Regulations
Reports on Uses Made of Currency Transaction Reports
For requirement of Secretary of the Treasury to report to Congress on number of reports filed under this section yearly, the rate of compliance with reporting requirements, the manner in which Federal agencies collect, organize and analyze such data, and sanctions imposed and indictments filed for failure to comply, see section 101 of
No Inference To Be Drawn From Amendment
§6050J. Returns relating to foreclosures and abandonments of security
(a) In general
Any person who, in connection with a trade or business conducted by such person, lends money secured by property and who—
(1) in full or partial satisfaction of any indebtedness, acquires an interest in any property which is security for such indebtedness, or
(2) has reason to know that the property in which such person has a security interest has been abandoned,
shall make a return described in subsection (c) with respect to each of such acquisitions or abandonments, at such time as the Secretary may by regulations prescribe.
(b) Exception
Subsection (a) shall not apply to any loan to an individual secured by an interest in tangible personal property which is not held for investment and which is not used in a trade or business.
(c) Form and manner of return
The return required under subsection (a) with respect to any acquisition or abandonment of property—
(1) shall be in such form as the Secretary may prescribe,
(2) shall contain—
(A) the name and address of each person who is a borrower with respect to the indebtedness which is secured,
(B) a general description of the nature of such property and such indebtedness,
(C) in the case of a return required under subsection (a)(1)—
(i) the amount of such indebtedness at the time of such acquisition, and
(ii) the amount of indebtedness satisfied in such acquisition,
(D) in the case of a return required under subsection (a)(2), the amount of such indebtedness at the time of such abandonment, and
(E) such other information as the Secretary may prescribe.
(d) Applications to governmental units
For purposes of this section—
(1) Treated as persons
The term "person" includes any governmental unit (and any agency or instrumentality thereof).
(2) Special rules
In the case of a governmental unit or any agency or instrumentality thereof—
(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and
(B) any return under this section shall be made by the officer or employee appropriately designated for the purpose of making such return.
(e) Statements to be furnished to persons with respect to whom information is required to be furnished
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the person required to make such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.
(f) Treatment of other dispositions
To the extent provided by regulations prescribed by the Secretary, any transfer of the property which secures the indebtedness to a person other than the lender shall be treated as an abandonment of such property.
(Added
Editorial Notes
Amendments
1996—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date
§6050K. Returns relating to exchanges of certain partnership interests
(a) In general
Except as provided in regulations prescribed by the Secretary, if there is an exchange described in section 751(a) of any interest in a partnership during any calendar year, such partnership shall make a return for such calendar year stating—
(1) the name and address of the transferee and transferor in such exchange, and
(2) such other information as the Secretary may by regulations prescribe.
Such return shall be made at such time and in such manner as the Secretary may require by regulations.
(b) Statements to be furnished to transferor and transferee
Every partnership required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the partnership required to make such return, and
(2) the information required to be shown on the return with respect to such person.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(c) Requirement that transferor notify partnership
(1) In general
In the case of any exchange described in subsection (a), the transferor of the partnership interest shall promptly notify the partnership of such exchange.
(2) Partnership not required to make return until notice
A partnership shall not be required to make a return under this section with respect to any exchange until the partnership is notified of such exchange.
(Added
Editorial Notes
Amendments
1996—Subsec. (b)(1).
1986—Subsec. (b).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by section 1501(c)(13) of
Amendment by section 1811(b)(2) of
Amendment by section 1811(b)(2) of
Effective Date
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§6050L. Returns relating to certain donated property
(a) Dispositions of donated property
(1) In general
If the donee of any charitable deduction property sells, exchanges, or otherwise disposes of such property within 3 years after its receipt, the donee shall make a return (in accordance with forms and regulations prescribed by the Secretary) showing—
(A) the name, address, and TIN of the donor,
(B) a description of the property,
(C) the date of the contribution,
(D) the amount received on the disposition,
(E) the date of such disposition,
(F) a description of the donee's use of the property, and
(G) a statement indicating whether the use of the property was related to the purpose or function constituting the basis for the donee's exemption under section 501.
In any case in which the donee indicates that the use of applicable property (as defined in section 170(e)(7)(C)) was related to the purpose or function constituting the basis for the exemption of the donee under section 501 under subparagraph (G), the donee shall include with the return the certification described in section 170(e)(7)(D) if such certification is made under section 170(e)(7).
(2) Definitions
For purposes of this subsection:
(A) Charitable deduction property
The term "charitable deduction property" means any property (other than publicly traded securities) contributed in a contribution for which a deduction was claimed under section 170 if the claimed value of such property (plus the claimed value of all similar items of property donated by the donor to 1 or more donees) exceeds $5,000.
(B) Publicly traded securities
The term "publicly traded securities" means securities for which (as of the date of the contribution) market quotations are readily available on an established securities market.
(b) Qualified intellectual property contributions
(1) In general
Each donee with respect to a qualified intellectual property contribution shall make a return (at such time and in such form and manner as the Secretary may by regulations prescribe) with respect to each specified taxable year of the donee showing—
(A) the name, address, and TIN of the donor,
(B) a description of the qualified intellectual property contributed,
(C) the date of the contribution, and
(D) the amount of net income of the donee for the taxable year which is properly allocable to the qualified intellectual property (determined without regard to paragraph (10)(B) of section 170(m) and with the modifications described in paragraphs (5) and (6) of such section).
(2) Definitions
For purposes of this subsection:
(A) In general
Terms used in this subsection which are also used in section 170(m) have the respective meanings given such terms in such section.
(B) Specified taxable year
The term "specified taxable year" means, with respect to any qualified intellectual property contribution, any taxable year of the donee any portion of which is part of the 10-year period beginning on the date of such contribution.
(c) Statement to be furnished to donors
Every person making a return under subsection (a) or (b) shall furnish a copy of such return to the donor at such time and in such manner as the Secretary may by regulations prescribe.
(Added
Editorial Notes
Amendments
2006—Subsec. (a)(1).
2004—
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 2004 Amendment
Amendment by
Effective Date
§6050M. Returns relating to persons receiving contracts from Federal executive agencies
(a) Requirement of reporting
The head of every Federal executive agency which enters into any contract shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth—
(1) the name, address, and TIN of each person with which such agency entered into a contract during the calendar year, and
(2) such other information as the Secretary may require.
(b) Federal executive agency
For purposes of this section, the term "Federal executive agency" means—
(1) any Executive agency (as defined in
(2) any military department (as defined in section 102 of such title), and
(3) the United States Postal Service and the Postal Regulatory Commission.
(c) Authority to extend reporting to licenses and subcontracts
To the extent provided in regulations, this section also shall apply to—
(1) licenses granted by Federal executive agencies, and
(2) subcontracts under contracts to which subsection (a) applies.
(d) Authority to prescribe minimum amounts
This section shall not apply to contracts or licenses in any class which are below a minimum amount or value which may be prescribed by the Secretary by regulations for such class.
(e) Exception for certain classified or confidential contracts
(1) In general
Except as provided in paragraph (2), this section shall not apply in the case of a contract described in paragraph (3).
(2) Reporting requirement
Each Federal executive agency which has entered into a contract described in paragraph (3) shall, upon a request of the Secretary which identifies a particular person, acknowledge whether such person has entered into such a contract with such agency and, if so, provide to the Secretary—
(A) the information required under this section with respect to such person, and
(B) such other information with respect to such person which the Secretary and the head of such Federal executive agency agree is appropriate.
(3) Description of contract
For purposes of this subsection, a contract between a Federal executive agency and another person is described in this paragraph if—
(A) the fact of the existence of such contract or the subject matter of such contract has been designated and clearly marked or clearly represented, pursuant to the provisions of Federal law or an Executive order, as requiring a specific degree of protection against unauthorized disclosure for reasons of national security, or
(B) the head of such Federal executive agency (or his designee) pursuant to regulations issued by such agency determines, in writing, that filing the required return under this section would interfere with the effective conduct of a confidential law enforcement or foreign counterintelligence activity.
(Added
Editorial Notes
Amendments
2006—Subsec. (b)(3).
2005—Subsec. (b)(1).
1988—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
Effective Date
§6050N. Returns regarding payments of royalties
(a) Requirement of reporting
Every person—
(1) who makes payments of royalties (or similar amounts) aggregating $10 or more to any other person during any calendar year, or
(2) who receives payments of royalties (or similar amounts) as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the royalties (or similar amounts) so received,
shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid.
(b) Statements to be furnished to persons with respect to whom information is furnished
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of payments to the person required to be shown on such return.
The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made and shall be in such form as the Secretary may prescribe by regulations.
(c) Exception for payments to certain persons
Except to the extent otherwise provided in regulations, this section shall not apply to any amount paid to a person described in subparagraph (A), (B), (C), (D), (E), or (F) of section 6049(b)(4).
(Added
Editorial Notes
Amendments
1996—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
Effective Date
§6050P. Returns relating to the cancellation of indebtedness by certain entities
(a) In general
Any applicable entity which discharges (in whole or in part) the indebtedness of any person during any calendar year shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth—
(1) the name, address, and TIN of each person whose indebtedness was discharged during such calendar year,
(2) the date of the discharge and the amount of the indebtedness discharged, and
(3) such other information as the Secretary may prescribe.
(b) Exception
Subsection (a) shall not apply to any discharge of less than $600.
(c) Definitions and special rules
For purposes of this section—
(1) Applicable entity
The term "applicable entity" means—
(A) an executive, judicial, or legislative agency (as defined in
(B) an applicable financial entity.
(2) Applicable financial entity
The term "applicable financial entity" means—
(A) any financial institution described in section 581 or 591(a) and any credit union,
(B) the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the National Credit Union Administration, and any other Federal executive agency (as defined in section 6050M), and any successor or subunit of any of the foregoing,
(C) any other corporation which is a direct or indirect subsidiary of an entity referred to in subparagraph (A) but only if, by virtue of being affiliated with such entity, such other corporation is subject to supervision and examination by a Federal or State agency which regulates entities referred to in subparagraph (A), and
(D) any organization a significant trade or business of which is the lending of money.
(3) Governmental units
In the case of an entity described in paragraph (1)(A) or (2)(B), any return under this section shall be made by the officer or employee appropriately designated for the purpose of making such return.
(d) Statements to be furnished to persons with respect to whom information is required to be furnished
Every applicable entity required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name and address of the entity required to make such return, and
(2) the information required to be shown on the return with respect to such person.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.
(e) Alternative procedure
In lieu of making a return required under subsection (a), an agency described in subsection (c)(1)(A) may submit to the Secretary (at such time and in such form as the Secretary may by regulations prescribe) information sufficient for the Secretary to complete such a return on behalf of such agency. Upon receipt of such information, the Secretary shall complete such return and provide a copy of such return to such agency.
(Added
Editorial Notes
Amendments
1999—Subsec. (c)(2)(D).
1996—
Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Effective Date
"(1)
"(2)
§6050Q. Certain long-term care benefits
(a) Requirement of reporting
Any person who pays long-term care benefits shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth—
(1) the aggregate amount of such benefits paid by such person to any individual during any calendar year,
(2) whether or not such benefits are paid in whole or in part on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate,
(3) the name, address, and TIN of such individual, and
(4) the name, address, and TIN of the chronically ill or terminally ill individual on account of whose condition such benefits are paid.
(b) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person making the payments, and
(2) the aggregate amount of long-term care benefits paid to the individual which are required to be shown on such return.
The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(c) Long-term care benefits
For purposes of this section, the term "long-term care benefit" means—
(1) any payment under a product which is advertised, marketed, or offered as long-term care insurance, and
(2) any payment which is excludable from gross income by reason of section 101(g).
(Added
Editorial Notes
Amendments
1997—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Effective Date
§6050R. Returns relating to certain purchases of fish
(a) Requirement of reporting
Every person—
(1) who is engaged in the trade or business of purchasing fish for resale from any person engaged in the trade or business of catching fish; and
(2) who makes payments in cash in the course of such trade or business to such a person of $600 or more during any calendar year for the purchase of fish,
shall make a return (at such times as the Secretary may prescribe) described in subsection (b) with respect to each person to whom such a payment was made during such calendar year.
(b) Return
A return is described in this subsection if such return—
(1) is in such form as the Secretary may prescribe, and
(2) contains—
(A) the name, address, and TIN of each person to whom a payment described in subsection (a)(2) was made during the calendar year,
(B) the aggregate amount of such payments made to such person during such calendar year and the date and amount of each such payment, and
(C) such other information as the Secretary may require.
(c) Statement to be furnished with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such a return, and
(2) the aggregate amount of payments to the person required to be shown on the return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.
(d) Definitions
For purposes of this section:
(1) Cash
The term "cash" has the meaning given such term by section 6050I(d).
(2) Fish
The term "fish" includes other forms of aquatic life.
(Added
Editorial Notes
Amendments
1998—Subsec. (b)(2)(A).
1997—
Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Effective Date
§6050S. Returns relating to higher education tuition and related expenses
(a) In general
Any person—
(1) which is an eligible educational institution which enrolls any individual for any academic period;
(2) which is engaged in a trade or business of making payments to any individual under an insurance arrangement as reimbursements or refunds (or similar amounts) of qualified tuition and related expenses; or
(3) except as provided in regulations, which is engaged in a trade or business and, in the course of which, receives from any individual interest aggregating $600 or more for any calendar year on one or more qualified education loans,
shall make the return described in subsection (b) with respect to the individual at such time as the Secretary may by regulations prescribe.
(b) Form and manner of returns
A return is described in this subsection if such return—
(1) is in such form as the Secretary may prescribe, and
(2) contains—
(A) the name, address, and TIN of any individual—
(i) who is or has been enrolled at the institution and with respect to whom transactions described in subparagraph (B) are made during the calendar year, or
(ii) with respect to whom payments described in subsection (a)(2) or (a)(3) were made or received,
(B) the—
(i) aggregate amount of payments received for qualified tuition and related expenses with respect to the individual described in subparagraph (A) during the calendar year,
(ii) aggregate amount of grants received by such individual for payment of costs of attendance that are administered and processed by the institution during such calendar year,
(iii) amount of any adjustments to the aggregate amounts reported by the institution pursuant to clause (i) or (ii) with respect to such individual for a prior calendar year,
(iv) aggregate amount of reimbursements or refunds (or similar amounts) paid to such individual during the calendar year by a person engaged in a trade or business described in subsection (a)(2), and
(v) aggregate amount of interest received for the calendar year from such individual,
(C) the employer identification number of the institution, and
(D) such other information as the Secretary may prescribe.
(c) Application to governmental units
For purposes of this section—
(1) a governmental unit or any agency or instrumentality thereof shall be treated as a person, and
(2) any return required under subsection (a) by such governmental entity shall be made by the officer or employee appropriately designated for the purpose of making such return.
(d) Statements to be furnished to individuals with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return under subparagraph (A) of subsection (b)(2) a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the information required by subsection (b)(2).
The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(e) Definitions
For purposes of this section, the terms "eligible educational institution" and "qualified tuition and related expenses" have the meanings given such terms by section 25A (without regard to subsection (g)(2) thereof), and except as provided in regulations, the term "qualified education loan" has the meaning given such term by section 221(d)(1).
(f) Returns which would be required to be made by 2 or more persons
Except to the extent provided in regulations prescribed by the Secretary, in the case of any amount received by any person on behalf of another person, only the person first receiving such amount shall be required to make the return under subsection (a).
(g) Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. No penalties shall be imposed under part II of subchapter B of
(Added and amended
Editorial Notes
Amendments
2015—Subsec. (b)(2)(B)(i).
Subsec. (b)(2)(C), (D).
Subsec. (d)(2).
2002—Subsec. (a)(1).
"(A) which receives payments for qualified tuition and related expenses with respect to any individual for any calendar year; or
"(B) which makes reimbursements or refunds (or similar amounts) to any individual of qualified tuition and related expenses;".
Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
"(i) aggregate amount of payments for qualified tuition and related expenses received with respect to the individual described in subparagraph (A) during the calendar year,
"(ii) the amount of any grant received by such individual for payment of costs of attendance and processed by the person making such return during such calendar year,
"(iii) aggregate amount of reimbursements or refunds (or similar amounts) paid to such individual during the calendar year by the person making such return, and and
"(iv) aggregate amount of interest received for the calendar year from such individual, and".
Subsec. (b)(2)(C), (D).
Subsec. (d).
Subsec. (d)(2).
2001—Subsec. (e).
1998—Subsec. (a).
"(1) which is an eligible educational institution which receives payments for qualified tuition and related expenses with respect to any individual for any calendar year, or
"(2) which is engaged in a trade or business and which, in the course of such trade or business—
"(A) makes payments during any calendar year to any individual which constitutes reimbursements or refunds (or similar amounts) of qualified tuition and related expenses of such individual, or
"(B) except as provided in regulations, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans,
shall make the return described in subsection (b) with respect to the individual at such time as the Secretary may by regulations prescribe."
Subsec. (b)(2)(C)(ii).
Subsec. (b)(2)(C)(iii).
Subsec. (b)(2)(C)(iv).
Subsec. (d)(2).
Subsec. (e).
1997—Subsec. (a)(2).
Subsec. (b)(2)(A).
Subsec. (b)(2)(C)(iii).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 6004(a)(2) of
Effective Date of 1997 Amendment
Amendment by section 202(c) of
Effective Date
Section applicable to expenses paid after Dec. 31, 1997 (in taxable years ending after such date) for education furnished in academic periods beginning after such date, see section 201(f) of
§6050T. Returns relating to credit for health insurance costs of eligible individuals
(a) Requirement of reporting
Every person who is entitled to receive payments for any month of any calendar year under section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals) with respect to any certified individual (as defined in section 7527(c)) shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual.
(b) Form and manner of returns
A return is described in this subsection if such return—
(1) is in such form as the Secretary may prescribe, and
(2) contains—
(A) the name, address, and TIN of each individual referred to in subsection (a),
(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals),
(C) the amount entitled to be received for each such month, and
(D) such other information as the Secretary may prescribe.
(c) Statements to be furnished to individuals with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and
(2) the information required to be shown on the return with respect to such individual.
The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Construction
Nothing in title II of
§6050U. Charges or payments for qualified long-term care insurance contracts under combined arrangements
(a) Requirement of reporting
Any person who makes a charge against the cash value of an annuity contract, or the cash surrender value of a life insurance contract, which is excludible from gross income under section 72(e)(11) shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth—
(1) the amount of the aggregate of such charges against each such contract for the calendar year,
(2) the amount of the reduction in the investment in each such contract by reason of such charges, and
(3) the name, address, and TIN of the individual who is the holder of each such contract.
(b) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the person making the payments, and
(2) the information required to be shown on the return with respect to such individual.
The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to contracts issued after Dec. 31, 1996, but only with respect to taxable years beginning after Dec. 31, 2009, and to charges made after Dec. 31, 2009, see section 844(g)(1), (3) of
§6050V. Returns relating to applicable insurance contracts in which certain exempt organizations hold interests
(a) In general
Each applicable exempt organization which makes a reportable acquisition shall make the return described in subsection (c).
(b) Time for making return
Any applicable exempt organization required to make a return under subsection (a) shall file such return at such time as may be established by the Secretary.
(c) Form and manner of returns
A return is described in this subsection if such return—
(1) is in such form as the Secretary prescribes,
(2) contains the name, address, and taxpayer identification number of the applicable exempt organization and the issuer of the applicable insurance contract, and
(3) contains such other information as the Secretary may prescribe.
(d) Definitions
For purposes of this section—
(1) Reportable acquisition
The term "reportable acquisition" means the acquisition by an applicable exempt organization of a direct or indirect interest in any applicable insurance contract in any case in which such acquisition is a part of a structured transaction involving a pool of such contracts.
(2) Applicable insurance contract
(A) In general
The term "applicable insurance contract" means any life insurance, annuity, or endowment contract with respect to which both an applicable exempt organization and a person other than an applicable exempt organization have directly or indirectly held an interest in the contract (whether or not at the same time).
(B) Exceptions
Such term shall not include a life insurance, annuity, or endowment contract if—
(i) all persons directly or indirectly holding any interest in the contract (other than applicable exempt organizations) have an insurable interest in the insured under the contract independent of any interest of an applicable exempt organization in the contract,
(ii) the sole interest in the contract of an applicable exempt organization or each person other than an applicable exempt organization is as a named beneficiary, or
(iii) the sole interest in the contract of each person other than an applicable exempt organization is—
(I) as a beneficiary of a trust holding an interest in the contract, but only if the person's designation as such beneficiary was made without consideration and solely on a purely gratuitous basis, or
(II) as a trustee who holds an interest in the contract in a fiduciary capacity solely for the benefit of applicable exempt organizations or persons otherwise described in subclause (I) or clause (i) or (ii).
(3) Applicable exempt organization
The term "applicable exempt organization" means—
(A) an organization described in section 170(c),
(B) an organization described in section 168(h)(2)(A)(iv), or
(C) an organization not described in paragraph (1) or (2) which is described in section 2055(a) or section 2522(a).
(e) Termination
This section shall not apply to reportable acquisitions occurring after the date which is 2 years after the date of the enactment of this section.
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of
Codification
Section 1211(a)(1) of
Statutory Notes and Related Subsidiaries
Effective Date
§6050W. Returns relating to payments made in settlement of payment card and third party network transactions
(a) In general
Each payment settlement entity shall make a return for each calendar year setting forth—
(1) the name, address, and TIN of each participating payee to whom one or more payments in settlement of reportable payment transactions are made, and
(2) the gross amount of the reportable payment transactions with respect to each such participating payee.
Such return shall be made at such time and in such form and manner as the Secretary may require by regulations.
(b) Payment settlement entity
For purposes of this section—
(1) In general
The term "payment settlement entity" means—
(A) in the case of a payment card transaction, the merchant acquiring entity, and
(B) in the case of a third party network transaction, the third party settlement organization.
(2) Merchant acquiring entity
The term "merchant acquiring entity" means the bank or other organization which has the contractual obligation to make payment to participating payees in settlement of payment card transactions.
(3) Third party settlement organization
The term "third party settlement organization" means the central organization which has the contractual obligation to make payment to participating payees of third party network transactions.
(4) Special rules related to intermediaries
For purposes of this section—
(A) Aggregated payees
In any case where reportable payment transactions of more than one participating payee are settled through an intermediary—
(i) such intermediary shall be treated as the participating payee for purposes of determining the reporting obligations of the payment settlement entity with respect to such transactions, and
(ii) such intermediary shall be treated as the payment settlement entity with respect to the settlement of such transactions with the participating payees.
(B) Electronic payment facilitators
In any case where an electronic payment facilitator or other third party makes payments in settlement of reportable payment transactions on behalf of the payment settlement entity, the return under subsection (a) shall be made by such electronic payment facilitator or other third party in lieu of the payment settlement entity.
(c) Reportable payment transaction
For purposes of this section—
(1) In general
The term "reportable payment transaction" means any payment card transaction and any third party network transaction.
(2) Payment card transaction
The term "payment card transaction" means any transaction in which a payment card is accepted as payment.
(3) Third party network transaction
The term "third party network transaction" means any transaction described in subsection (d)(3)(A)(iii) which is settled through a third party payment network.
(d) Other definitions
For purposes of this section—
(1) Participating payee
(A) In general
The term "participating payee" means—
(i) in the case of a payment card transaction, any person who accepts a payment card as payment, and
(ii) in the case of a third party network transaction, any person who accepts payment from a third party settlement organization in settlement of such transaction.
(B) Exclusion of foreign persons
Except as provided by the Secretary in regulations or other guidance, such term shall not include any person with a foreign address. Notwithstanding the preceding sentence, a person with only a foreign address shall not be treated as a participating payee with respect to any payment settlement entity solely because such person receives payments from such payment settlement entity in dollars.
(C) Inclusion of governmental units
The term "person" includes any governmental unit (and any agency or instrumentality thereof).
(2) Payment card
The term "payment card" means any card which is issued pursuant to an agreement or arrangement which provides for—
(A) one or more issuers of such cards,
(B) a network of persons unrelated to each other, and to the issuer, who agree to accept such cards as payment, and
(C) standards and mechanisms for settling the transactions between the merchant acquiring entities and the persons who agree to accept such cards as payment.
The acceptance as payment of any account number or other indicia associated with a payment card shall be treated for purposes of this section in the same manner as accepting such payment card as payment.
(3) Third party payment network
The term "third party payment network" means any agreement or arrangement—
(A) which involves the establishment of accounts with a central organization by a substantial number of persons who—
(i) are unrelated to such organization,
(ii) provide goods or services, and
(iii) have agreed to settle transactions for the provision of such goods or services pursuant to such agreement or arrangement,
(B) which provides for standards and mechanisms for settling such transactions, and
(C) which guarantees persons providing goods or services pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services.
Such term shall not include any agreement or arrangement which provides for the issuance of payment cards.
(e) De minimis exception for third party settlement organizations
A third party settlement organization shall not be required to report any information under subsection (a) with respect to third party network transactions of any participating payee if the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions does not exceed $600.
(f) Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each person with respect to whom such a return is required a written statement showing—
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the gross amount of the reportable payment transactions with respect to the person required to be shown on the return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. Such statement may be furnished electronically, and if so, the email address of the person required to make such return may be shown in lieu of the phone number.
(g) Regulations
The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this section, including rules to prevent the reporting of the same transaction more than once.
(Added
Editorial Notes
Amendments
2021—Subsec. (c)(3).
Subsec. (e).
2018—Subsec. (d)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
"(1)
"(2)
Effective Date of 2018 Amendment
Effective Date
Section applicable to returns for calendar years beginning after Dec. 31, 2010, with exception for purposes of carrying out any TIN matching program, see section 3091(e) of
§6050X. Information with respect to certain fines, penalties, and other amounts
(a) Requirement of reporting
(1) In general
The appropriate official of any government or any entity described in section 162(f)(5) which is involved in a suit or agreement described in paragraph (2) shall make a return in such form as determined by the Secretary setting forth—
(A) the amount required to be paid as a result of the suit or agreement to which paragraph (1) of section 162(f) applies,
(B) any amount required to be paid as a result of the suit or agreement which constitutes restitution or remediation of property, and
(C) any amount required to be paid as a result of the suit or agreement for the purpose of coming into compliance with any law which was violated or involved in the investigation or inquiry.
(2) Suit or agreement described
(A) In general
A suit or agreement is described in this paragraph if—
(i) it is—
(I) a suit with respect to a violation of any law over which the government or entity has authority and with respect to which there has been a court order, or
(II) an agreement which is entered into with respect to a violation of any law over which the government or entity has authority, or with respect to an investigation or inquiry by the government or entity into the potential violation of any law over which such government or entity has authority, and
(ii) the aggregate amount involved in all court orders and agreements with respect to the violation, investigation, or inquiry is $600 or more.
(B) Adjustment of reporting threshold
The Secretary shall adjust the $600 amount in subparagraph (A)(ii) as necessary in order to ensure the efficient administration of the internal revenue laws.
(3) Time of filing
The return required under this subsection shall be filed at the time the agreement is entered into, as determined by the Secretary.
(b) Statements to be furnished to individuals involved in the settlement
Every person required to make a return under subsection (a) shall furnish to each person who is a party to the suit or agreement a written statement showing—
(1) the name of the government or entity, and
(2) the information supplied to the Secretary under subsection (a)(1).
The written statement required under the preceding sentence shall be furnished to the person at the same time the government or entity provides the Secretary with the information required under subsection (a).
(c) Appropriate official defined
For purposes of this section, the term "appropriate official" means the officer or employee having control of the suit, investigation, or inquiry or the person appropriately designated for purposes of this section.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§6050Y. Returns relating to certain life insurance contract transactions
(a) Requirement of reporting of certain payments
(1) In general
Every person who acquires a life insurance contract or any interest in a life insurance contract in a reportable policy sale during any taxable year shall make a return for such taxable year (at such time and in such manner as the Secretary shall prescribe) setting forth—
(A) the name, address, and TIN of such person,
(B) the name, address, and TIN of each recipient of payment in the reportable policy sale,
(C) the date of such sale,
(D) the name of the issuer of the life insurance contract sold and the policy number of such contract, and
(E) the amount of each payment.
(2) Statement to be furnished to persons with respect to whom information is required
Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(A) the name, address, and phone number of the information contact of the person required to make such return, and
(B) the information required to be shown on such return with respect to such person, except that in the case of an issuer of a life insurance contract, such statement is not required to include the information specified in paragraph (1)(E).
(b) Requirement of reporting of seller's basis in life insurance contracts
(1) In general
Upon receipt of the statement required under subsection (a)(2) or upon notice of a transfer of a life insurance contract to a foreign person, each issuer of a life insurance contract shall make a return (at such time and in such manner as the Secretary shall prescribe) setting forth—
(A) the name, address, and TIN of the seller who transfers any interest in such contract in such sale,
(B) the investment in the contract (as defined in section 72(e)(6)) with respect to such seller, and
(C) the policy number of such contract.
(2) Statement to be furnished to persons with respect to whom information is required
Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(A) the name, address, and phone number of the information contact of the person required to make such return, and
(B) the information required to be shown on such return with respect to each seller whose name is required to be set forth in such return.
(c) Requirement of reporting with respect to reportable death benefits
(1) In general
Every person who makes a payment of reportable death benefits during any taxable year shall make a return for such taxable year (at such time and in such manner as the Secretary shall prescribe) setting forth—
(A) the name, address, and TIN of the person making such payment,
(B) the name, address, and TIN of each recipient of such payment,
(C) the date of each such payment,
(D) the gross amount of each such payment, and
(E) such person's estimate of the investment in the contract (as defined in section 72(e)(6)) with respect to the buyer.
(2) Statement to be furnished to persons with respect to whom information is required
Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing—
(A) the name, address, and phone number of the information contact of the person required to make such return, and
(B) the information required to be shown on such return with respect to each recipient of payment whose name is required to be set forth in such return.
(d) Definitions
For purposes of this section:
(1) Payment
The term "payment" means, with respect to any reportable policy sale, the amount of cash and the fair market value of any consideration transferred in the sale.
(2) Reportable policy sale
The term "reportable policy sale" has the meaning given such term in section 101(a)(3)(B).
(3) Issuer
The term "issuer" means any life insurance company that bears the risk with respect to a life insurance contract on the date any return or statement is required to be made under this section.
(4) Reportable death benefits
The term "reportable death benefits" means amounts paid by reason of the death of the insured under a life insurance contract that has been transferred in a reportable policy sale.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to reportable policy sales (as defined in subsection (d)(2) of this section) after Dec. 31, 2017, and reportable death benefits (as defined in subsection (d)(4) of this section) paid after Dec. 31, 2017, see section 13520(d) of
§6050Z. Reports relating to long-term care premium statements
(a) Requirement of reporting
Any issuer of certified long-term care insurance (as defined in section 401(a)(39)(C)) who provides a long-term care premium statement with respect to any purchaser pursuant to section 401(a)(39)(E) for a calendar year, shall make a return not later than February 1 of the succeeding calendar year, according to forms or regulations prescribed by the Secretary, setting forth with respect to each such purchaser—
(1) the name and taxpayer identification number of such issuer,
(2) a statement that the coverage is certified long-term care insurance as defined in section 401(a)(39)(C),
(3) the name of the owner of such coverage,
(4) identification of the individual covered and such individual's relationship to the owner,
(5) the premiums paid for the coverage for the calendar year, and
(6) such other information as the Secretary may require.
(b) Statement to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(1) the name, address, and phone number of the information contact of the issuer of the contract or coverage, and
(2) the aggregate amount of premiums and charges paid under the contract or coverage covering the insured individual during the calendar year.
The written statement required under the preceding sentence shall be furnished to the individual or individuals on or before January 31 of the year following the calendar year for which the return required under subsection (a) was required to be made.
(c) Contracts or coverage covering more than one insured
In the case of contracts or coverage covering more than one insured, the return and statement required by subsections (a) and (b) shall identify only the portion of the premium that is properly allocable to the insured in respect of whom the return or statement is made.
(d) Statement to be furnished on request
If any individual to whom a return is required to be furnished under subsection (b) requests that such a return be furnished at any time before the close of the calendar year, the person required to make the return under subsection (b) shall comply with such request and shall furnish to the Secretary at such time a copy of the return so provided.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to distributions made after the date which is 3 years after Dec. 29, 2022, see section 334(e) of
Subpart C—Information Regarding Wages Paid Employees
Editorial Notes
Amendments
1965—
1964—
§6051. Receipts for employees
(a) Requirement
Every person required to deduct and withhold from an employee a tax under section 3101 or 3402, or who would have been required to deduct and withhold a tax under section 3402 (determined without regard to subsection (n)) if the employee had claimed no more than one withholding exemption, or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash, shall furnish to each such employee in respect of the remuneration paid by such person to such employee during the calendar year, on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31, a written statement showing the following:
(1) the name of such person,
(2) the name of the employee (and an identifying number for the employee if wages as defined in section 3121(a) have been paid),
(3) the total amount of wages as defined in section 3401(a),
(4) the total amount deducted and withheld as tax under section 3402,
(5) the total amount of wages as defined in section 3121(a),
(6) the total amount deducted and withheld as tax under section 3101,
[(7) Repealed.
(8) the total amount of elective deferrals (within the meaning of section 402(g)(3)) and compensation deferred under section 457, including the amount of designated Roth contributions (as defined in section 402A),
(9) the total amount incurred for dependent care assistance with respect to such employee under a dependent care assistance program described in section 129(d),
(10) in the case of an employee who is a member of the Armed Forces of the United States, such employee's earned income as determined for purposes of section 32 (relating to earned income credit),
(11) the amount contributed to any Archer MSA (as defined in section 220(d)) of such employee or such employee's spouse,
(12) the amount contributed to any health savings account (as defined in section 223(d)) of such employee or such employee's spouse,
(13) the total amount of deferrals for the year under a nonqualified deferred compensation plan (within the meaning of section 409A(d)),
(14) the aggregate cost (determined under rules similar to the rules of section 4980B(f)(4)) of applicable employer-sponsored coverage (as defined in subsection (g)), except that this paragraph shall not apply to—
(A) coverage to which paragraphs (11) and (12) apply, or
(B) the amount of any salary reduction contributions to a flexible spending arrangement (within the meaning of section 125),
(15) the total amount of permitted benefit (as defined in section 9831(d)(3)(C)) for the year under a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)) with respect to the employee,
(16) the amount includible in gross income under subparagraph (A) of section 83(i)(1) with respect to an event described in subparagraph (B) of such section which occurs in such calendar year, and
(17) the aggregate amount of income which is being deferred pursuant to elections under section 83(i), determined as of the close of the calendar year.
In the case of compensation paid for service as a member of a uniformed service, the statement shall show, in lieu of the amount required to be shown by paragraph (5), the total amount of wages as defined in section 3121(a), computed in accordance with such section and section 3121(i)(2). In the case of compensation paid for service as a volunteer or volunteer leader within the meaning of the Peace Corps Act, the statement shall show, in lieu of the amount required to be shown by paragraph (5), the total amount of wages as defined in section 3121(a), computed in accordance with such section and section 3121(i)(3). In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a). The amounts required to be shown by paragraph (5) shall not include wages which are exempted pursuant to sections 3101(c) and 3111(c) from the taxes imposed by sections 3101 and 3111. In the case of the amounts required to be shown by paragraph (13), the Secretary may (by regulation) establish a minimum amount of deferrals below which paragraph (13) does not apply.
(b) Special rule as to compensation of members of Armed Forces
In the case of compensation paid for service as a member of the Armed Forces, the statement required by subsection (a) shall be furnished if any tax was withheld during the calendar year under section 3402, or if any of the compensation paid during such year is includible in gross income under
(c) Additional requirements
The statements required to be furnished pursuant to this section in respect of any remuneration shall be furnished at such other times, shall contain such other information, and shall be in such form as the Secretary may by regulations prescribe. The statements required under this section shall also show the proportion of the total amount withheld as tax under section 3101 which is for financing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act.
(d) Statements to constitute information returns
A duplicate of any statement made pursuant to this section and in accordance with regulations prescribed by the Secretary shall, when required by such regulations, be filed with the Secretary.
(e) Railroad employees
(1) Additional requirement
Every person required to deduct and withhold tax under section 3201 from an employee shall include on or with the statement required to be furnished such employee under subsection (a) a notice concerning the provisions of this title with respect to the allowance of a credit or refund of the tax on wages imposed by section 3101(b) and the tax on compensation imposed by section 3201 or 3211 which is treated as a tax on wages imposed by section 3101(b).
(2) Information to be supplied to employees
Each person required to deduct and withhold tax under section 3201 during any year from an employee who has also received wages during such year subject to the tax imposed by section 3101(b) shall, upon request of such employee, furnish to him a written statement showing—
(A) the total amount of compensation with respect to which the tax imposed by section 3201 was deducted,
(B) the total amount deducted as tax under section 3201, and
(C) the portion of the total amount deducted as tax under section 3201 which is for financing the cost of hospital insurance under part A of title XVIII of the Social Security Act.
(f) Statements required in case of sick pay paid by third parties
(1) Statements required from payor
(A) In general
If, during any calendar year, any person makes a payment of third-party sick pay to an employee, such person shall, on or before January 15 of the succeeding year, furnish a written statement to the employer in respect of whom such payment was made showing—
(i) the name and, if there is withholding under section 3402(o), the social security number of such employee,
(ii) the total amount of the third-party sick pay paid to such employee during the calendar year, and
(iii) the total amount (if any) deducted and withheld from such sick pay under section 3402.
For purposes of the preceding sentence, the term "third-party sick pay" means any sick pay (as defined in section 3402(o)(2)(C)) which does not constitute wages for purposes of
(B) Special rules
(i) Statements are in lieu of other reporting requirements
The reporting requirements of subparagraph (A) with respect to any payments shall, with respect to such payments, be in lieu of the requirements of subsection (a) and of section 6041.
(ii) Penalties made applicable
For purposes of sections 6674 and 7204, the statements required to be furnished by subparagraph (A) shall be treated as statements required under this section to be furnished to employees.
(2) Information required to be furnished by employer
Every employer who receives a statement under paragraph (1)(A) with respect to sick pay paid to any employee during any calendar year shall, on or before January 31 of the succeeding year, furnish a written statement to such employee showing—
(A) the information shown on the statement furnished under paragraph (1)(A), and
(B) if any portion of the sick pay is excludable from gross income under section 104(a)(3), the portion which is not so excludable and the portion which is so excludable.
To the extent practicable, the information required under the preceding sentence shall be furnished on or with the statement (if any) required under subsection (a).
(g) Applicable employer-sponsored coverage
For purposes of subsection (a)(14)—
(1) In general
The term "applicable employer-sponsored coverage" means, with respect to any employee, coverage under any group health plan made available to the employee by an employer which is excludable from the employee's gross income under section 106, or would be so excludable if it were employer-provided coverage (within the meaning of such section 106).
(2) Exceptions
The term "applicable employer-sponsored coverage" shall not include—
(A) any coverage (whether through insurance or otherwise) described in section 9832(c)(1) (other than subparagraph (G) thereof) or for long-term care,
(B) any coverage under a separate policy, certificate, or contract of insurance which provides benefits substantially all of which are for treatment of the mouth (including any organ or structure within the mouth) or for treatment of the eye, or
(C) any coverage described in section 9832(c)(3) the payment for which is not excludable from gross income and for which a deduction under section 162(l) is not allowable.
(3) Coverage includes employee paid portion
Coverage shall be treated as applicable employer-sponsored coverage without regard to whether the employer or employee pays for the coverage.
(4) Governmental plans included
Applicable employer-sponsored coverage shall include coverage under any group health plan established and maintained primarily for its civilian employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any such government.
(Aug. 16, 1954, ch. 736,
Editorial Notes
References in Text
The Peace Corps Act, referred to in subsec. (a), is
The Social Security Act, referred to in subsecs. (c) and (e)(2)(C), is act Aug. 14, 1935, ch. 531,
Amendments
2019—Subsec. (a)(14).
Subsec. (g).
2017—Subsec. (a)(16), (17).
2016—Subsec. (a)(15).
2015—Subsec. (a)(2).
2010—Subsec. (a)(7).
Subsec. (a)(14).
2004—Subsec. (a).
Subsec. (a)(13).
2003—Subsec. (a)(12).
2001—Subsec. (a)(8).
2000—Subsec. (a)(11).
1996—Subsec. (a)(11).
1994—Subsec. (a)(10).
1988—Subsec. (a)(7).
Subsec. (a)(9).
1986—Subsec. (a)(8).
1983—Subsec. (f)(1)(A).
1982—Subsec. (a).
Subsec. (f)(1)(A).
1980—Subsec. (f).
1978—Subsec. (a)(7).
1977—Subsec. (a).
1976—Subsec. (a).
Subsecs. (c), (d).
1974—Subsec. (a).
1972—Subsec. (a).
Subsec. (c).
Subsec. (e).
1969—Subsec. (a).
1968—Subsec. (a).
Subsec. (c).
1965—Subsec. (a).
Subsec. (c).
1961—Subsec. (a).
1956—Subsec. (a). Act Aug. 1, 1956, §412(a), inserted provisions prescribing contents of statement in the case of compensation paid for service as a member of the uniformed services.
Subsec. (b). Act Aug. 1, 1956, §412(b), required the furnishing of a statement if during the calendar year any amount was required to be withheld as tax under
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 2017 Amendment
Amendment by
Effective Date of 2016 Amendment
Amendment by
Effective Date of 2015 Amendment
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2004 Amendment
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2001 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Effective Date of 1988 Amendment
Amendment by section 1011B(c)(2)(B) of
Amendment by section 1018(u)(33) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Effective Date of 1965 Amendment
Amendment by section 313(e)(1) of
Effective Date of 1961 Amendment
Amendment by
Effective Date of 1956 Amendment
Amendment by act Aug. 1, 1956, effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956, ch. 837, title VI,
Repeals; Amendments and Application of Amendments Unaffected
Section 202(a)(4) of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§6052. Returns regarding payment of wages in the form of group-term life insurance
(a) Requirement of reporting
Every employer who during any calendar year provides group-term life insurance on the life of an employee during part or all of such calendar year under a policy (or policies) carried directly or indirectly by such employer shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the cost of such insurance and the name and address of the employee on whose life such insurance is provided, but only to the extent that the cost of such insurance is includible in the employee's gross income under section 79(a). For purposes of this section, the extent to which the cost of group-term life insurance is includible in the employee's gross income under section 79(a) shall be determined as if the employer were the only employer paying such employee remuneration in the form of such insurance.
(b) Statements to be furnished to employees with respect to whom information is required
Every employer required to make a return under subsection (a) shall furnish to each employee whose name is required to be set forth in such return a written statement showing the cost of the group-term life insurance shown on such return. The written statement required under the preceding sentence shall be furnished to the employee on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(Added
Editorial Notes
Amendments
1986—Subsec. (b).
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section applicable to group-term life insurance provided after Dec. 31, 1963, in taxable years ending after such date, see section 204(d) of
§6053. Reporting of tips
(a) Reports by employees
Every employee who, in the course of his employment by an employer, receives in any calendar month tips which are wages (as defined in section 3121(a) or section 3401(a)) or which are compensation (as defined in section 3231(e)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary.
(b) Statements furnished by employers
If the tax imposed by section 3101 or section 3201 (as the case may be) with respect to tips reported by an employee pursuant to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102 or section 3202 (as the case may be), the employer shall furnish to the employee a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary.
(c) Reporting requirements relating to certain large food or beverage establishments
(1) Report to Secretary
In the case of a large food or beverage establishment, each employer shall report to the Secretary, at such time and manner as the Secretary may prescribe by regulation, the following information with respect to each calendar year:
(A) The gross receipts of such establishment from the provision of food and beverages (other than nonallocable receipts).
(B) The aggregate amount of charge receipts (other than nonallocable receipts).
(C) The aggregate amount of charged tips shown on such charge receipts.
(D) The sum of—
(i) the aggregate amount reported by employees to the employer under subsection (a), plus
(ii) the amount the employer is required to report under section 6051 with respect to service charges of less than 10 percent.
(E) With respect to each employee, the amount allocated to such employee under paragraph (3).
(2) Furnishing of statement to employees
Each employer described in paragraph (1) shall furnish, in such manner as the Secretary may prescribe by regulations, to each employee of the large food or beverage establishment a written statement for each calendar year showing the following information:
(A) The name and address of such employer.
(B) The name of the employee.
(C) The amount allocated to the employee under paragraph (3) for all payroll periods ending within the calendar year.
Any statement under this paragraph shall be furnished to the employee during January of the calendar year following the calendar year for which such statement is made.
(3) Employee allocation of 8 percent of gross receipts
(A) In general
For purposes of paragraphs (1)(E) and (2)(C), the employer of a large food or beverage establishment shall allocate (as tips for purposes of the requirements of this subsection) among employees performing services during any payroll period who customarily receive tip income an amount equal to the excess of—
(i) 8 percent of the gross receipts (other than nonallocable receipts) of such establishment for the payroll period, over
(ii) the aggregate amount reported by such employees to the employer under subsection (a) for such period.
(B) Method of allocation
The employer shall allocate the amount under subparagraph (A)—
(i) on the basis of a good faith agreement by the employer and the employees, or
(ii) in the absence of an agreement under clause (i), in the manner determined under regulations prescribed by the Secretary.
(C) The Secretary may lower the percentage required to be allocated
Upon the petition of the employer or the majority of employees of such employer, the Secretary may reduce (but not below 2 percent) the percentage of gross receipts required to be allocated under subparagraph (A) where he determines that the percentage of gross receipts constituting tips is less than 8 percent.
(4) Large food or beverage establishment
For purposes of this subsection, the term "large food or beverage establishment" means any trade or business (or portion thereof)—
(A) which provides food or beverages,
(B) with respect to which the tipping of employees serving food or beverages by customers is customary, and
(C) which normally employed more than 10 employees on a typical business day during the preceding calendar year.
For purposes of subparagraph (C), rules similar to the rules of subsections (a) and (b) of section 52 shall apply under regulations prescribed by the Secretary, and an individual who owns 50 percent or more in value of the stock of the corporation operating the establishment shall not be treated as an employee.
(5) Employer not to be liable for wrong allocations
The employer shall not be liable to any person if any amount is improperly allocated under paragraph (3)(B) if such allocation is done in accordance with the regulations prescribed under paragraph (3)(B).
(6) Nonallocable receipts defined
For purposes of this subsection, the term "nonallocable receipts" means receipts which are allocable to—
(A) carryout sales, or
(B) services with respect to which a service charge of 10 percent or more is added.
(7) Application to new businesses
The Secretary shall prescribe regulations for the application of this subsection to new businesses.
(8) Certified professional employer organizations
For purposes of any report required by this subsection, in the case of a certified professional employer organization that is treated under section 3511 as the employer of a work site employee, the customer with respect to whom a work site employee performs services shall be the employer for purposes of reporting under this section and the certified professional employer organization shall furnish to the customer and the Secretary any information the Secretary prescribes as necessary to complete such reporting no later than such time as the Secretary shall prescribe.
(Added
Editorial Notes
Amendments
2014—Subsec. (c)(8).
1984—Subsec. (c)(3)(C).
Subsec. (c)(4).
1982—Subsec. (c).
1976—
1965—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1984 Amendment
Effective Date of 1982 Amendment
"(1)
"(2)
"(A) amounts described in subparagraphs (A), (B), (C), and (D) of section 6053(c)(1) of such Code, and
"(B) the name, and identification number, wages paid to, and tips reported by, each tipped employee."
Effective Date of 1965 Amendment
Amendment by
Effective Date
Regulations
Threat of Audit Prohibited To Coerce Tip Reporting Alternative Commitment Agreements
Modification of Tips Allocation Method
Study of Tip Compliance
Subpart D—Information Regarding Health Insurance Coverage
Editorial Notes
Prior Provisions
A prior subpart D, consisting of section 6056, related to information concerning private foundations, prior to repeal by
Amendments
2010—
§6055. Reporting of health insurance coverage
(a) In general
Every person who provides minimum essential coverage to an individual during a calendar year shall, at such time as the Secretary may prescribe, make a return described in subsection (b).
(b) Form and manner of return
(1) In general
A return is described in this subsection if such return—
(A) is in such form as the Secretary may prescribe, and
(B) contains—
(i) the name, address and TIN of the primary insured and the name and TIN of each other individual obtaining coverage under the policy,
(ii) the dates during which such individual was covered under minimum essential coverage during the calendar year,
(iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning—
(I) whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and
(II) in the case of a qualified health plan, the amount (if any) of any advance payment under section 1412 of the Patient Protection and Affordable Care Act of any cost-sharing reduction under section 1402 of such Act or of any premium tax credit under section 36B with respect to such coverage, and
(iv) such other information as the Secretary may require.
(2) Information relating to employer-provided coverage
If minimum essential coverage provided to an individual under subsection (a) consists of health insurance coverage of a health insurance issuer provided through a group health plan of an employer, a return described in this subsection shall include—
(A) the name, address, and employer identification number of the employer maintaining the plan,
(B) the portion of the premium (if any) required to be paid by the employer, and
(C) if the health insurance coverage is a qualified health plan in the small group market offered through an Exchange, such other information as the Secretary may require for administration of the credit under section 45R (relating to credit for employee health insurance expenses of small employers).
(c) Statements to be furnished to individuals with respect to whom information is reported
(1) In general
Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
(A) the name and address of the person required to make such return and the phone number of the information contact for such person, and
(B) the information required to be shown on the return with respect to such individual.
(2) Time for furnishing statements
The written statement required under paragraph (1) shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(d) Coverage provided by governmental units
In the case of coverage provided by any governmental unit or any agency or instrumentality thereof, the officer or employee who enters into the agreement to provide such coverage (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section.
(e) Minimum essential coverage
For purposes of this section, the term "minimum essential coverage" has the meaning given such term by section 5000A(f).
(Added
Editorial Notes
References in Text
Sections 1311, 1402, and 1412 of the Patient Protection and Affordable Care Act, referred to in subsec. (b)(1)(B)(iii), are classified to sections 18031, 18071, and 18082, respectively, of Title 42, The Public Health and Welfare.
Statutory Notes and Related Subsidiaries
Effective Date
§6056. Certain employers required to report on health insurance coverage
(a) In general
Every applicable large employer required to meet the requirements of section 4980H with respect to its full-time employees during a calendar year shall, at such time as the Secretary may prescribe, make a return described in subsection (b).
(b) Form and manner of return
A return is described in this subsection if such return—
(1) is in such form as the Secretary may prescribe, and
(2) contains—
(A) the name, date, and employer identification number of the employer,
(B) a certification as to whether the employer offers to its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan (as defined in section 5000A(f)(2)),
(C) if the employer certifies that the employer did offer to its full-time employees (and their dependents) the opportunity to so enroll—
(i) the length of any waiting period (as defined in section 2701(b)(4) of the Public Health Service Act) with respect to such coverage,
(ii) the months during the calendar year for which coverage under the plan was available,
(iii) the monthly premium for the lowest cost option in each of the enrollment categories under the plan, and
(iv) the employer share of the total allowed costs of benefits provided under the plan,
(D) the number of full-time employees for each month during the calendar year,
(E) the name, address, and TIN of each full-time employee during the calendar year and the months (if any) during which such employee (and any dependents) were covered under any such health benefits plans, and
(F) such other information as the Secretary may require.
The Secretary shall have the authority to review the accuracy of the information provided under this subsection, including the applicable large employer's share under paragraph (2)(C)(iv).
(c) Statements to be furnished to individuals with respect to whom information is reported
(1) In general
Every person required to make a return under subsection (a) shall furnish to each full-time employee whose name is required to be set forth in such return under subsection (b)(2)(E) a written statement showing—
(A) the name and address of the person required to make such return and the phone number of the information contact for such person, and
(B) the information required to be shown on the return with respect to such individual.
(2) Time for furnishing statements
The written statement required under paragraph (1) shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
(d) Coordination with other requirements
To the maximum extent feasible, the Secretary may provide that—
(1) any return or statement required to be provided under this section may be provided as part of any return or statement required under section 6051 or 6055, and
(2) in the case of an applicable large employer offering health insurance coverage of a health insurance issuer, the employer may enter into an agreement with the issuer to include information required under this section with the return and statement required to be provided by the issuer under section 6055.
(e) Coverage provided by governmental units
In the case of any applicable large employer which is a governmental unit or any agency or instrumentality thereof, the person appropriately designated for purposes of this section shall make the returns and statements required by this section.
(f) Definitions
For purposes of this section, any term used in this section which is also used in section 4980H shall have the meaning given such term by section 4980H.
(Added and amended
Editorial Notes
References in Text
Section 2701 of the Public Health Service Act, referred to in subsec. (b)(2)(C)(i), was classified to
Prior Provisions
A prior section 6056, added
Amendments
2011—Subsec. (a).
Subsec. (b)(2)(C).
Subsecs. (d)(2), (e).
Subsec. (f).
2010—
Subsec. (a).
Subsec. (b).
Subsec. (b)(2)(C)(i).
Subsec. (b)(2)(C)(iii).
Subsec. (b)(2)(C)(iv).
Subsec. (b)(2)(C)(v).
Subsecs. (d)(2), (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by
Effective Date of 2010 Amendment
Effective Date
Subpart E—Registration of and Information Concerning Pension, Etc., Plans
Editorial Notes
Amendments
1974—
1 So in original. Does not conform to section catchline.
§6057. Annual registration, etc.
(a) Annual registration
(1) General rule
Within such period after the end of a plan year as the Secretary may by regulations prescribe, the plan administrator (within the meaning of section 414(g)) of each plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 applies for such plan year shall file a registration statement with the Secretary.
(2) Contents
The registration statement required by paragraph (1) shall set forth—
(A) the name of the plan,
(B) the name and address of the plan administrator,
(C) the name and taxpayer identifying number of each participant in the plan—
(i) who, during such plan year, separated from the service covered by the plan,
(ii) who is entitled to a deferred vested benefit under the plan as of the end of such plan year, and
(iii) with respect to whom retirement benefits were not paid under the plan during such plan year,
(D) the nature, amount, and form of the deferred vested benefit to which such participant is entitled, and
(E) such other information as the Secretary may require.
At the time he files the registration statement under this subsection, the plan administrator shall furnish evidence satisfactory to the Secretary that he has complied with the requirement contained in subsection (e).
(b) Notification of change in status
Any plan administrator required to register under subsection (a) shall also notify the Secretary, at such time as may be prescribed by regulations, of—
(1) any change in the name of the plan,
(2) any change in the name or address of the plan administrator,
(3) the termination of the plan, or
(4) the merger or consolidation of the plan with any other plan or its division into two or more plans.
(c) Voluntary reports
To the extent provided in regulations prescribed by the Secretary, the Secretary may receive from—
(1) any plan to which subsection (a) applies, and
(2) any other plan (including any governmental plan or church plan (within the meaning of section 414)),
such information (including information relating to plan years beginning before January 1, 1974) as the plan administrator may wish to file with respect to the deferred vested benefit rights of any participant separated from the service covered by the plan during any plan year.
(d) Transmission of information to Commissioner of Social Security
The Secretary shall transmit copies of any statements, notifications, reports, or other information obtained by him under this section to the Commissioner of Social Security.
(e) Individual statement to participant
Each plan administrator required to file a registration statement under subsection (a) shall, before the expiration of the time prescribed for the filing of such registration statement, also furnish to each participant described in subsection (a)(2)(C) an individual statement setting forth the information with respect to such participant required to be contained in such registration statement. Such statement shall also include a notice to the participant of any benefits which are forfeitable if the participant dies before a certain date.
(f) Regulations
(1) In general
The Secretary, after consultation with the Commissioner of Social Security, may prescribe such regulations as may be necessary to carry out the provisions of this section.
(2) Plans to which more than one employer contributes
This section shall apply to any plan to which more than one employer is required to contribute only to the extent provided in regulations prescribed under this subsection.
(g) 403(b) multiple employer plans treated as one plan
In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.
(h) Cross references
For provisions relating to penalties for failure to register or furnish statements required by this section, see section 6652(d) and section 6690.
For coordination between Department of the Treasury and the Department of Labor with regard to administration of this section, see section 3004 of the Employee Retirement Income Security Act of 1974.
(Added
Editorial Notes
References in Text
Section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(1), is classified to
Amendments
2022—Subsecs. (g), (h).
1994—Subsecs. (d), (f)(1).
1986—Subsec. (g).
1984—Subsec. (d).
Subsec. (e).
Subsec. (f).
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
Amendment by
Effective Date
"(1) the requirements of section 6059 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall apply only with respect to plan years to which part I of this title applies. [For description of plan years to which part I applies, see section 1017 of
"(2) the requirements of section 6057 of such Code shall apply only with respect to plan years beginning after December 31, 1975,
"(3) the requirements of section 6058(a) of such Code shall apply only with respect to plan years beginning after the date of the enactment of this Act [Sept. 2, 1974], and
"(4) the amendments made by section 1032 [enacting
§6058. Information required in connection with certain plans of deferred compensation
(a) In general
Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of
(b) Actuarial statement in case of mergers, etc.
Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12).
(c) Employer
For purposes of this section, the term "employer" includes a person described in section 401(c)(4) and an individual who establishes an individual retirement plan.
(d) Coordination with income tax returns, etc.
An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is—
(1) no special IRP tax, and
(2) no plan activity other than—
(A) the making of contributions (other than rollover contributions), and
(B) the making of distributions.
(e) Special IRP tax defined
For purposes of this section, the term "special IRP tax" means a tax imposed by—
(1) section 4973, or
(2) section 4974.
(f) 403(b) multiple employer plans treated as one plan
In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.
(g) Cross references
For provisions relating to penalties for failure to file a return required by this section, see section 6652(e).
For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
(Added
Editorial Notes
References in Text
Section 3004 of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (f), is classified to
Amendments
2022—Subsecs. (f), (g).
2018—Subsec. (e).
1986—Subsec. (f).
1984—Subsec. (e).
1978—Subsec. (c).
Subsecs. (d) to (f).
1976—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Effective Date
Section effective Sept. 2, 1974, except that the requirements of subsec. (a) shall apply only with respect to plan years beginning after Sept. 2, 1974, see section 1034 of
Updated Forms
"(A) separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433 of the Internal Revenue Code of 1986 (as added by this section), and
"(B) similar reporting with respect to individual retirement accounts (as defined in section 408 of such Code) and individual retirement annuities (as defined in section 408(b) of such Code)."
[
Combined Annual Report for Group of Plans
"(a)
"(1) all members of a group of plans described in subsection (c) may file a single aggregated annual return or report satisfying the requirements of both such sections; and
"(2) any opinions required by section 103(a)(3) of the Employee Retirement Income Security Act of 1974 (
"(b)
"(c)
"(1) are individual account plans or defined contribution plans (as defined in section 3(34) of the Employee Retirement Income Security Act of 1974 (
"(2) have—
"(A) the same trustee (as described in section 403(a) of such Act (
"(B) the same one or more named fiduciaries (as described in section 402(a) of such Act (
"(C) the same administrator (as defined in section 3(16)(A) of such Act (
"(D) plan years beginning on the same date; and
"(3) provide the same investments or investment options to participants and beneficiaries.
A plan not subject to title I of the Employee Retirement Income Security Act of 1974 [
"(e)
[
Reporting Simplification
"(a)
"(1)
"(2)
"(A) on the first day of the plan year—
"(i) the plan covered only one individual (or the individual and the individual's spouse) and the individual owned 100 percent of the plan sponsor (whether or not incorporated), or
"(ii) the plan covered only one or more partners (or partners and their spouses) in the plan sponsor;
"(B) the plan meets the minimum coverage requirements of section 410(b) of the Internal Revenue Code of 1986 without being combined with any other plan of the business that covers the employees of the business;
"(C) the plan does not provide benefits to anyone except the individual (and the individual's spouse) or the partners (and their spouses);
"(D) the plan does not cover a business that is a member of an affiliated service group, a controlled group of corporations, or a group of businesses under common control; and
"(E) the plan does not cover a business that uses the services of leased employees (within the meaning of section 414(n) of such Code).
For purposes of this paragraph, the term 'partner' includes a 2-percent shareholder (as defined in section 1372(b) of such Code) of an S corporation.
"(3)
"(4)
"(b)
§6059. Periodic report of actuary
(a) General rule
The actuarial report described in subsection (b) shall be filed by the plan administrator (as defined in section 414(g) of each defined benefit plan to which section 412 applies, for the first plan year for which section 412 applies to the plan and for each third plan year thereafter (or more frequently if the Secretary determines that more frequent reports are necessary).
(b) Actuarial report
The actuarial report of a plan required by subsection (a) shall be prepared and signed by an enrolled actuary (within the meaning of section 7701(a)(35)) and shall contain—
(1) a description of the funding method and actuarial assumptions used to determine costs under the plan,
(2) a certification of the contribution necessary to reduce the minimum required contribution determined under section 430, the accumulated funding deficiency under section 433, or the accumulated funding deficiency determined under section 431, to zero,
(3) a statement—
(A) that to the best of his knowledge the report is complete and accurate, and
(B) that the requirements for reasonable actuarial assumptions under section 430(h)(1), 431(c)(3), or 433(c)(3), whichever are applicable, have been complied with,
(4) such other information as may be necessary to fully and fairly disclose the actuarial position of the plan, and
(5) such other information regarding the plan as the Secretary may by regulations require.
(c) Time and manner of filing
The actuarial report and statement required by this section shall be filed at the time and in the manner provided by regulations prescribed by the Secretary.
(d) Cross reference
For coordination between the Department of the Treasury and the Department of Labor with respect to the report required to be filed under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
(Added
Editorial Notes
References in Text
Section 3004 of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (d), is classified to
Amendments
2018—Subsec. (b)(3)(B).
2014—Subsec. (b)(2).
Subsec. (b)(3)(B).
2006—Subsec. (b)(2).
Subsec. (b)(3)(B).
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
Effective Date
Requirements of section applicable only with respect to plan years to which part I of subtitle A of title II of
Applicability of Amendments by Subtitles A and B of Title I of Pub. L. 109–280
For special rules on applicability of amendments by subtitles A (§§101–108) and B (§§111–116) of title I of
Consolidation of Actuarial Reports
Subpart F—Information Concerning Tax Return Preparers
Editorial Notes
Amendments
2007—
1976—
§6060. Information returns of tax return preparers
(a) General rule
Any person who employs a tax return preparer to prepare any return or claim for refund other than for such person at any time during a return period shall make a return setting forth the name, taxpayer identification number, and place of work of each tax return preparer employed by him at any time during such period. For purposes of this section, any individual who in acting as a tax return preparer is not the employee of another tax return preparer shall be treated as his own employer. The return required by this section shall be filed, in such manner as the Secretary may by regulations prescribe, on or before the first July 31 following the end of such return period.
(b) Alternative reporting
In lieu of the return required by subsection (a), the Secretary may approve an alternative reporting method if he determines that the necessary information is available to him from other sources.
(c) Return period defined
For purposes of subsection (a), the term "return period" means the 12-month period beginning on July 1 of each year.
(Added
Editorial Notes
Amendments
2014—Subsec. (c).
2007—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 2007 Amendment
Effective Date
Section applicable to documents prepared after Dec. 31, 1976, see section 1203(j) of