-CITE-
26 USC CHAPTER 61 - INFORMATION AND RETURNS 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
-HEAD-
CHAPTER 61 - INFORMATION AND RETURNS
-MISC1-
Subchapter Sec.(!1)
A. Returns and records 6001
B. Miscellaneous provisions 6101
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 7801 of this title.
-FOOTNOTE-
(!1) Section numbers editorially supplied.
-End-
-CITE-
26 USC Subchapter A - Returns and Records 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
-HEAD-
SUBCHAPTER A - RETURNS AND RECORDS
-MISC1-
Part
I. Records, statements, and special returns.
II. Tax returns or statements.
III. Information returns.
IV. Signing and verifying of returns and other documents.
V. Time for filing returns and other documents.
VI. Extension of time for filing returns.
VII. Place for filing returns or other documents.
VIII. Designation of income tax payments to Presidential
Election Campaign Fund.
AMENDMENTS
1966 - Pub. L. 89-809, title III, Sec. 302(b), Nov. 13, 1966, 80
Stat. 1588, added item VIII.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 6103, 6651 of this
title.
-End-
-CITE-
26 USC PART I - RECORDS, STATEMENTS, AND SPECIAL RETURNS 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART I - RECORDS, STATEMENTS, AND SPECIAL RETURNS
-HEAD-
PART I - RECORDS, STATEMENTS, AND SPECIAL RETURNS
-MISC1-
Sec.
6001. Notice or regulations requiring records, statements,
and special returns.
-End-
-CITE-
26 USC Sec. 6001 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART I - RECORDS, STATEMENTS, AND SPECIAL RETURNS
-HEAD-
Sec. 6001. Notice or regulations requiring records, statements, and
special returns
-STATUTE-
Every person liable for any tax imposed by this title, or for the
collection thereof, shall keep such records, render such
statements, make such returns, and comply with such rules and
regulations as the Secretary may from time to time prescribe.
Whenever in the judgment of the Secretary it is necessary, he may
require any person, by notice served upon such person or by
regulations, to make such returns, render such statements, or keep
such records, as the Secretary deems sufficient to show whether or
not such person is liable for tax under this title. The only
records which an employer shall be required to keep under this
section in connection with charged tips shall be charge receipts,
records necessary to comply with section 6053(c), and copies of
statements furnished by employees under section 6053(a).
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 731; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95-600,
title V, Sec. 501(a), Nov. 6, 1978, 92 Stat. 2878; Pub. L. 97-248,
title III, Sec. 314(d), Sept. 3, 1982, 96 Stat. 605.)
-MISC1-
AMENDMENTS
1982 - Pub. L. 97-248 inserted ", records necessary to comply
with section 6053(c)," after "charge receipts".
1978 - Pub. L. 95-600 inserted provision at end relating to only
records which an employer shall be required to keep in connection
with charged tips.
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 applicable to calendar years
beginning after Dec. 31, 1982, see section 314(e) of Pub. L.
97-248, set out as a note under section 6053 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 501(c) of Pub. L. 95-600 provided that: "The amendments
made by this section [amending this section and section 6041 of
this title] shall apply to payments made after December 31, 1978."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 874, 911, 4403, 6033 of
this title.
-End-
-CITE-
26 USC PART II - TAX RETURNS OR STATEMENTS 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
-HEAD-
PART II - TAX RETURNS OR STATEMENTS
-MISC1-
Subpart
A. General requirement.
B. Income tax returns.
C. Estate and gift tax returns.
D. Miscellaneous provisions.
-End-
-CITE-
26 USC Subpart A - General Requirement 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart A - General Requirement
-HEAD-
SUBPART A - GENERAL REQUIREMENT
-MISC1-
Sec.
6011. General requirement of return, statement, or list.
-End-
-CITE-
26 USC Sec. 6011 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart A - General Requirement
-HEAD-
Sec. 6011. General requirement of return, statement, or list
-STATUTE-
(a) General rule
When required by regulations prescribed by the Secretary any
person made liable for any tax imposed by this title, or with
respect to the collection thereof, shall make a return or statement
according to the forms and regulations prescribed by the Secretary.
Every person required to make a return or statement shall include
therein the information required by such forms or regulations.
(b) Identification of taxpayer
The Secretary is authorized to require such information with
respect to persons subject to the taxes imposed by chapter 21 or
chapter 24 as is necessary or helpful in securing proper
identification of such persons.
(c) Returns, etc., of DISCS and former DISCS and FSC's and former
FSC's
(1) Records and information
A DISC or former DISC or a FSC or former FSC shall for the
taxable year -
(A) furnish such information to persons who were shareholders
at any time during such taxable year, and to the Secretary, and
(B) keep such records, as may be required by regulations
prescribed by the Secretary.
(2) Returns
A DISC shall file for the taxable year such returns as may be
prescribed by the Secretary by forms or regulations.
(d) Authority to require information concerning section 912
allowances
The Secretary may by regulations require any individual who
receives allowances which are excluded from gross income under
section 912 for any taxable year to include on his return of the
taxes imposed by subtitle A for such taxable year such information
with respect to the amount and type of such allowances as the
Secretary determines to be appropriate.
(e) Regulations requiring returns on magnetic media, etc.
(1) In general
The Secretary shall prescribe regulations providing standards
for determining which returns must be filed on magnetic media or
in other machine-readable form. The Secretary may not require
returns of any tax imposed by subtitle A on individuals, estates,
and trusts to be other than on paper forms supplied by the
Secretary.
(2) Requirements of regulations
In prescribing regulations under paragraph (1), the Secretary -
(A) shall not require any person to file returns on magnetic
media unless such person is required to file at least 250
returns during the calendar year, and
(B) shall take into account (among other relevant factors)
the ability of the taxpayer to comply at reasonable cost with
the requirements of such regulations.
Notwithstanding the preceding sentence, the Secretary shall
require partnerships having more than 100 partners to file
returns on magnetic media.
(f) Promotion of electronic filing
(1) In general
The Secretary is authorized to promote the benefits of and
encourage the use of electronic tax administration programs, as
they become available, through the use of mass communications and
other means.
(2) Incentives
The Secretary may implement procedures to provide for the
payment of appropriate incentives for electronically filed
returns.
(g) Income, estate, and gift taxes
For requirement that returns of income, estate, and gift
taxes be made whether or not there is tax liability, see
subparts B and C.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 732; Pub. L. 85-859, title I,
Sec. 161, Sept. 2, 1958, 72 Stat. 1305; Pub. L. 88-563, Sec. 3(a),
Sept. 2, 1964, 78 Stat. 843; Pub. L. 89-44, title I, Sec.
101(b)(6), June 21, 1965, 79 Stat. 136; Pub. L. 90-59, Sec. 4(b),
July 31, 1967, 81 Stat. 154; Pub. L. 91-128, Sec. 4 (f), (g), Nov.
26, 1969, 83 Stat. 267; Pub. L. 92-178, title V, Sec. 504(a), Dec.
10, 1971, 85 Stat. 550; Pub. L. 94-455, title XIX, Secs.
1904(b)(10)(A)(ii), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1817,
1834; Pub. L. 95-615, Sec. 207(c), Nov. 8, 1978, 92 Stat. 3108;
Pub. L. 97-248, title III, Sec. 319, Sept. 3, 1982, 96 Stat. 610;
Pub. L. 98-67, title I, Sec. 109(a), Aug. 5, 1983, 97 Stat. 383;
Pub. L. 98-369, div. A, title VIII, Sec. 801(d)(12), July 18, 1984,
98 Stat. 997; Pub. L. 99-514, title XVIII, Sec. 1899A(52), Oct. 22,
1986, 100 Stat. 2961; Pub. L. 100-647, title I, Sec. 1015(q)(1),
Nov. 10, 1988, 102 Stat. 3572; Pub. L. 101-239, title VII, Sec.
7713(a), Dec. 19, 1989, 103 Stat. 2394; Pub. L. 105-34, title XII,
Sec. 1224, Aug. 5, 1997, 111 Stat. 1019; Pub. L. 105-206, title II,
Sec. 2001(c), July 22, 1998, 112 Stat. 723.)
-MISC1-
AMENDMENTS
1998 - Subsecs. (f), (g). Pub. L. 105-206 added subsec. (f) and
redesignated former subsec. (f) as (g).
1997 - Subsec. (e)(2). Pub. L. 105-34 inserted at end
"Notwithstanding the preceding sentence, the Secretary shall
require partnerships having more than 100 partners to file returns
on magnetic media."
1989 - Subsec. (e). Pub. L. 101-239 substituted "magnetic media"
for "magnetic tape" in heading and amended text generally, revising
the content and structure of pars. (1) and (2).
1988 - Subsec. (a). Pub. L. 100-647 substituted "or with respect
to the collection thereof" for "or for the collection thereof".
1986 - Subsec. (f). Pub. L. 99-514 substituted "subparts B and C"
for "sections 6012 to 6019, inclusive".
1984 - Subsec. (c). Pub. L. 98-369 inserted "and FSC's and former
FSC's" in heading and "or a FSC or former FSC" in par. (1).
1983 - Subsec. (e). Pub. L. 98-67 amended subsec. (e) generally,
designating existing provisions as par. (1) and adding par. (2).
1982 - Subsecs. (e), (f). Pub. L. 97-248 added subsec. (e) and
redesignated former subsec. (e) as (f).
1978 - Subsecs. (d), (e). Pub. L. 95-615 added subsec. (d) and
redesignated former subsec. (d) as (e).
1976 - Subsecs. (a), (b). Pub. L. 94-455, Sec. 1906(b)(13)(A),
struck out "or his delegate" after "Secretary".
Subsec. (c). Pub. L. 94-455, Secs. 1904(b)(10)(A)(ii),
1906(b)(13)(A), redesignated subsec. (e) as (c) and struck out "or
his delegate" after "Secretary" wherever appearing.
Subsec. (d). Pub. L. 94-455, Sec. 1904(b)(10)(A)(ii),
redesignated subsec. (f) as (d). Former subsec. (d), which related
to interest equalization tax returns, was struck out.
Subsecs. (e), (f). Pub. L. 94-455, Sec. 1904(b)(10)(A)(ii),
redesignated subsecs. (e) and (f) as (c) and (d), respectively.
1971 - Subsecs. (e), (f). Pub. L. 92-178 added subsec. (e) and
redesignated former subsec. (e) as (f).
1969 - Subsec. (d)(1)(B). Pub. L. 91-128, Sec. 4(f), inserted
provisions excepting dispositions made under circumstances
entitling the person to a credit under the provisions of section
4919 from the requirement that persons incurring liability for the
tax imposed by section 4911 of this title, if he disposes of the
stock or debt obligation with respect to which such liability was
incurred prior to the filing of the return required by subparagraph
(A), file a return of such tax.
Subsec. (d)(3). Pub. L. 91-128, Sec. 4(g), eased recordkeeping
requirements by providing that nonparticipating be subject to the
recordkeeping and reporting requirements prescribed by the
Secretary or his delegate only insofar as they engage in sales or
acquisitions in which the nonparticipating firm has received a
validation certificate indicating the stock or debt obligation
qualifies for the exemption or where the U.S. person acquiring the
stock or debt obligation is subject to the interest equalization
tax, including acquisitions where a broker's confirmation to the
customer indicates, or should indicate that the particular
acquisition is or may be subject to the tax.
1967 - Subsec. (d)(1). Pub. L. 90-59 designated existing
provisions as subpar. (A), substituted a copy of any return made
during a quarter under subpar. (B) for a certificate of American
ownership complying with section 4918(e) or a summary statement
establishing exemption together with reasons for person's inability
to establish prior American ownership as the document to accompany
the list of acquisitions made during the calendar quarter for which
an exemption is claimed under section 4918, struck out "a written
confirmation, furnished in accordance with the requirements
described in section 4918(c) or (d), is treated as conclusive proof
of prior American ownership;" after "No return or accompanying
evidence shall be required under this paragraph, in connection with
any acquisition with respect to which", and added clauses (i),
(ii), and (iii) and subpar. (B).
1965 - Subsec. (c). Pub. L. 89-44 repealed subsec. (c) which
related to return of retailers excise taxes by suppliers.
1964 - Subsecs. (d), (e). Pub. L. 88-563 added subsec. (d) and
redesignated former subsec. (d) as (e).
1958 - Subsecs. (c), (d). Pub. L. 85-859 added subsec. (c) and
redesignated former subsec. (c) as (d).
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1226 of title XII of Pub. L. 105-34, as amended by Pub.
L. 105-206, title VI, Sec. 6012(e), July 22, 1998, 112 Stat. 819,
provided that: "The amendments made by this part [part I (Secs.
1221-1226) of subtitle C of title XII of Pub. L. 105-34, enacting
part IV of subchapter K of chapter 1 of this title and subchapter D
of chapter 63 of this title, and amending this section and sections
6012, 6031, 6724, 7421, 7459, 7482, and 7485 of this title] shall
apply to partnership taxable years beginning after December 31,
1997."
EFFECTIVE DATE OF 1989 AMENDMENT
Section 7713(b) of Pub. L. 101-239 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
returns the due date for which (determined without regard to
extensions) is after December 31, 1989."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 1015(q)(2) of Pub. L. 100-647 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect on the date of the enactment of this Act [Nov. 10, 1988]."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable to transactions after Dec.
31, 1984, in taxable years ending after such date, see section
805(a)(1) of Pub. L. 98-369, as amended, set out as a note under
section 245 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-67 applicable with respect to payments
made after Dec. 31, 1983, see section 110(a) of Pub. L. 98-67, set
out as a note under section 31 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT; ELECTION OF PRIOR LAW
Amendment by Pub. L. 95-615 applicable to taxable years beginning
after Dec. 31, 1977, with provision for election of prior law, see
section 209 of Pub. L. 95-615, set out as an Effective Date of 1978
Amendment note under section 911 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1904(b)(10)(A)(ii) of Pub. L. 94-455
effective Feb. 1, 1977, see section 1904(d) of Pub. L. 94-455, set
out as a note under section 4041 of this title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-178 applicable with respect to taxable
years ending after Dec. 31, 1971, except that a corporation may not
be a DISC for any taxable year beginning before Jan. 1, 1972, see
section 507 of Pub. L. 92-178, set out as an Effective Date note
under section 991 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Section 4(i)(4) of Pub. L. 91-128 provided that: "The amendments
made by this section [amending this section and sections 4912,
4914, 4915, 4919, 4920, and 6680 of this title] shall apply with
respect to acquisitions of debt obligations made after the date of
the enactment of this Act [Nov. 26, 1969]."
EFFECTIVE DATE OF 1967 AMENDMENT
Section 4(h) of Pub. L. 90-59 provided that: "The amendments made
by this section [amending this section and sections 4918, 4920, and
6076 of this title] (other than by subsections (d) and (e)) shall
apply with respect to acquisitions of stock and debt obligations
made after July 14, 1967. The amendments made by subsections (d)
and (e) [amending sections 6681 and 7241 of this title] shall take
effect on the date of the enactment of this Act [July 31, 1967]."
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-44 applicable with respect to articles
sold on or after June 22, 1965, see section 701(a) of Pub. L.
89-44, set out as a note under section 4161 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-859 effective on first day of first
calendar quarter which begins more than 60 days after Sept. 2,
1958, see section 1(c) of Pub. L. 85-859.
SHORT TITLE OF 1967 AMENDMENT
Section 1(a) of Pub. L. 90-59 provided that: "This Act [amending
this section and sections 4912, 4914 to 4920, 4931, 6076, 6681, and
7241 of this title] may be cited as the 'Interest Equalization Tax
Extension Act of 1967'."
ELECTRONIC FILING OF TAX AND INFORMATION RETURNS
Pub. L. 105-206, title II, Sec. 2001(a), (b), (d), July 22, 1998,
112 Stat. 723, 725, provided that:
"(a) In General. - It is the policy of Congress that -
"(1) paperless filing should be the preferred and most
convenient means of filing Federal tax and information returns;
"(2) it should be the goal of the Internal Revenue Service to
have at least 80 percent of all such returns filed electronically
by the year 2007; and
"(3) the Internal Revenue Service should cooperate with and
encourage the private sector by encouraging competition to
increase electronic filing of such returns.
"(b) Strategic Plan. -
"(1) In general. - Not later than 180 days after the date of
the enactment of this Act [July 22, 1998], the Secretary of the
Treasury or the Secretary's delegate (hereafter in this section
referred to as the 'Secretary') shall establish a plan to
eliminate barriers, provide incentives, and use competitive
market forces to increase electronic filing gradually over the
next 10 years while maintaining processing times for paper
returns at 40 days. To the extent practicable, such plan shall
provide that all returns prepared electronically for taxable
years beginning after 2001 shall be filed electronically.
"(2) Electronic commerce advisory group. - To ensure that the
Secretary receives input from the private sector in the
development and implementation of the plan required by paragraph
(1), the Secretary shall convene an electronic commerce advisory
group to include representatives from the small business
community and from the tax practitioner, preparer, and
computerized tax processor communities and other representatives
from the electronic filing industry.
"(d) Annual Reports. - Not later than June 30 of each calendar
year after 1998, the Chairperson of the Internal Revenue Service
Oversight Board, the Secretary of the Treasury, and the Chairperson
of the electronic commerce advisory group established under
subsection (b)(2) [set out as a note above] shall report to the
Committees on Ways and Means, Appropriations, Government Reform and
Oversight [now Committee on Government Reform], and Small Business
of the House of Representatives and the Committees on Finance,
Appropriations, Governmental Affairs, and Small Business of the
Senate on -
"(1) the progress of the Internal Revenue Service in meeting
the goal of receiving electronically 80 percent of tax and
information returns by 2007;
"(2) the status of the plan required by subsection (b) [set out
as a note above];
"(3) the legislative changes necessary to assist the Internal
Revenue Service in meeting such goal; and
"(4) the effects on small businesses and the self-employed of
electronically filing tax and information returns."
Pub. L. 105-206, title II, Sec. 2003(c), July 22, 1998, 112 Stat.
725, provided that: "In the case of taxable periods beginning after
December 31, 1999, the Secretary of the Treasury or the Secretary's
delegate shall, to the extent practicable, establish procedures to
accept, in electronic form, any other information, statements,
elections, or schedules, from taxpayers filing returns
electronically, so that such taxpayers will not be required to file
any paper."
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 [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
STUDY OF WAGE RETURNS ON MAGNETIC TAPE; REPORT TO CONGRESS NOT
LATER THAN JULY 1, 1984
Section 109(b) of Pub. L. 98-67 required Secretary of the
Treasury, in consultation with Secretary of Health and Human
Services, to conduct a study of feasibility of requiring persons to
file, on magnetic media, returns under section 6011 of the Internal
Revenue Code containing information described in section 6051(a) of
such Code (relating to W-2s), and that not later than July 1, 1984,
Secretary of the Treasury was to submit to Committee on Ways and
Means of House of Representatives and Committee on Finance of
Senate results of study.
REPORT ON FORMS
Section 353 of Pub. L. 97-248 required Secretary of the Treasury
to study and report to Congress, not later than June 30, 1983,
methods of modifying the design of the forms used by the Internal
Revenue Service to achieve greater accuracy in the reporting of
income and the matching of information reports and returns with the
returns of tax imposed.
STUDY OF SIMPLIFICATION OF TAX RETURNS
Pub. L. 95-600, title V, Sec. 551, Nov. 6, 1978, 92 Stat. 2890,
required a study and investigation by Secretary of the Treasury
with respect to simplification of Federal income tax returns,
establishment of a task force to assist in conduct of study, and a
report by Secretary on study and investigation to Congressional
committees not later than 2 years after Nov. 6, 1978.
FIRST RETURN PERIOD FOR INTEREST EQUALIZATION TAX RETURNS
Section 3(d)(1) of Pub. L. 89-243, Oct. 9, 1965, 79 Stat. 955,
provided that the first period for which returns were to be made
under subsec. (d)(1) of this section with respect to acquisitions
made subject to tax by this section was the period commencing Feb.
11, 1965, and ending at the close of the calendar quarter in which
the enactment of Pub. L. 89-243 [Oct. 9, 1965] occurred.
Section 3(e) of Pub. L. 88-563 provided that the first period for
which returns were to be made under subsec. (d)(1) of this section
was the period commencing July 19, 1963, and ending at the close of
the calendar quarter in which the enactment of Pub. L. 88-563
[Sept. 2, 1964] occurred.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 911, 6501, 6724 of this
title; title 42 section 405.
-End-
-CITE-
26 USC Subpart B - Income Tax Returns 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
SUBPART B - INCOME TAX RETURNS
-MISC1-
Sec.
6012. Persons required to make returns of income.
6013. Joint returns of income tax by husband and wife.
6014. Income tax return - tax not computed by taxpayer.
6015. Relief from joint and several liability on joint
return.
[6016. Repealed.]
6017. Self-employment tax returns.
[6017A. Repealed.]
AMENDMENTS
1998 - Pub. L. 105-206, title III, Sec. 3201(f), July 22, 1998,
112 Stat. 740, added item 6015.
1989 - Pub. L. 101-239, title VII, Sec. 7711(b)(3), Dec. 19,
1989, 103 Stat. 2393, struck out item 6017A "Place of residence".
1984 - Pub. L. 98-369, div. A, title IV, Sec. 412(c)(1), July 18,
1984, 98 Stat. 792, struck out item 6015 "Declaration of estimated
income tax by individuals."
1972 - Pub. L. 92-512, title I, Sec. 144(a)(2), Oct. 20, 1972, 86
Stat. 935, added item 6017A.
1968 - Pub. L. 90-364, title I, Sec. 103(e)(7), June 28, 1968, 82
Stat. 264, struck out item 6016 "Declarations of estimated income
tax by corporations."
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in section 6011 of this title.
-End-
-CITE-
26 USC Sec. 6012 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
Sec. 6012. Persons required to make returns of income
-STATUTE-
(a) General rule
Returns with respect to income taxes under subtitle A shall be
made by the following:
(1)(A) Every individual having for the taxable year gross
income which equals or exceeds the exemption amount, except that
a return shall not be required of an individual -
(i) who is not married (determined by applying section 7703),
is not a surviving spouse (as defined in section 2(a)), is not
a head of a household (as defined in section 2(b)), and for the
taxable year has gross income of less than the sum of the
exemption amount plus the basic standard deduction applicable
to such an individual,
(ii) who is a head of a household (as so defined) and for the
taxable year has gross income of less than the sum of the
exemption amount plus the basic standard deduction applicable
to such an individual,
(iii) who is a surviving spouse (as so defined) and for the
taxable year has gross income of less than the sum of the
exemption amount plus the basic standard deduction applicable
to such an individual, or
(iv) who is entitled to make a joint return and whose gross
income, when combined with the gross income of his spouse, is,
for the taxable year, less than the sum of twice the exemption
amount plus the basic standard deduction applicable to a joint
return, but only if such individual and his spouse, at the
close of the taxable year, had the same household as their
home.
Clause (iv) shall not apply if for the taxable year such spouse
makes a separate return or any other taxpayer is entitled to an
exemption for such spouse under section 151(c).
(B) The amount specified in clause (i), (ii), or (iii) of
subparagraph (A) shall be increased by the amount of 1 additional
standard deduction (within the meaning of section 63(c)(3)) in
the case of an individual entitled to such deduction by reason of
section 63(f)(1)(A) (relating to individuals age 65 or more), and
the amount specified in clause (iv) of subparagraph (A) shall be
increased by the amount of the additional standard deduction for
each additional standard deduction to which the individual or his
spouse is entitled by reason of section 63(f)(1).
(C) The exception under subparagraph (A) shall not apply to any
individual -
(i) who is described in section 63(c)(5) and who has -
(I) income (other than earned income) in excess of the sum
of the amount in effect under section 63(c)(5)(A) plus the
additional standard deduction (if any) to which the
individual is entitled, or
(II) total gross income in excess of the standard
deduction, or
(ii) for whom the standard deduction is zero under section
63(c)(6).
(D) For purposes of this subsection -
(i) The terms "standard deduction", "basic standard
deduction" and "additional standard deduction" have the
respective meanings given such terms by section 63(c).
(ii) The term "exemption amount" has the meaning given such
term by section 151(d). In the case of an individual described
in section 151(d)(2), the exemption amount shall be zero.
(2) Every corporation subject to taxation under subtitle A;
(3) Every estate the gross income of which for the taxable year
is $600 or more;
(4) Every trust having for the taxable year any taxable income,
or having gross income of $600 or over, regardless of the amount
of taxable income;
(5) Every estate or trust of which any beneficiary is a
nonresident alien;
(6) Every political organization (within the meaning of section
527(e)(1)), and every fund treated under section 527(g) as if it
constituted a political organization, which has political
organization taxable income (within the meaning of section
527(c)(1)) for the taxable year; and (!1)
(7) Every homeowners association (within the meaning of section
528(c)(1)) which has homeowners association taxable income
(within the meaning of section 528(d)) for the taxable year.(!1)
(8) Every individual who receives payments during the calendar
year in which the taxable year begins under section 3507
(relating to advance payment of earned income credit).(!1)
(9) Every estate of an individual under chapter 7 or 11 of
title 11 of the United States Code (relating to bankruptcy) the
gross income of which for the taxable year is not less than the
sum of the exemption amount plus the basic standard deduction
under section 63(c)(2)(D).(!1), (!2)
except that subject to such conditions, limitations, and exceptions
and under such regulations as may be prescribed by the Secretary,
nonresident alien individuals subject to the tax imposed by section
871 and foreign corporations subject to the tax imposed by section
881 may be exempted from the requirement of making returns under
this section.
(b) Returns made by fiduciaries and receivers
(1) Returns of decedents
If an individual is deceased, the return of such individual
required under subsection (a) shall be made by his executor,
administrator, or other person charged with the property of such
decedent.
(2) Persons under a disability
If an individual is unable to make a return required under
subsection (a), the return of such individual shall be made by a
duly authorized agent, his committee, guardian, fiduciary or
other person charged with the care of the person or property of
such individual. The preceding sentence shall not apply in the
case of a receiver appointed by authority of law in possession of
only a part of the property of an individual.
(3) Receivers, trustees and assignees for corporations
In a case where a receiver, trustee in a case under title 11 of
the United States Code, or assignee, by order of a court of
competent jurisdiction, by operation of law or otherwise, has
possession of or holds title to all or substantially all the
property or business of a corporation, whether or not such
property or business is being operated, such receiver, trustee,
or assignee shall make the return of income for such corporation
in the same manner and form as corporations are required to make
such returns.
(4) Returns of estates and trusts
Returns of an estate, a trust, or an estate of an individual
under chapter 7 or 11 of title 11 of the United States Code shall
be made by the fiduciary thereof.
(5) Joint fiduciaries
Under such regulations as the Secretary may prescribe, a return
made by one of two or more joint fiduciaries shall be sufficient
compliance with the requirements of this section. A return made
pursuant to this paragraph shall contain a statement that the
fiduciary has sufficient knowledge of the affairs of the person
for whom the return is made to enable him to make the return, and
that the return is, to the best of his knowledge and belief, true
and correct.
(6) IRA share of partnership income
In the case of a trust which is exempt from taxation under
section 408(e), for purposes of this section, the trust's
distributive share of items of gross income and gain of any
partnership to which subchapter C or D of chapter 63 applies
shall be treated as equal to the trust's distributive share of
the taxable income of such partnership.
(c) Certain income earned abroad or from sale of residence
For purposes of this section, gross income shall be computed
without regard to the exclusion provided for in section 121
(relating to gain from sale of principal residence) and without
regard to the exclusion provided for in section 911 (relating to
citizens or residents of the United States living abroad).
(d) Tax-exempt interest required to be shown on return
Every person required to file a return under this section for the
taxable year shall include on such return the amount of interest
received or accrued during the taxable year which is exempt from
the tax imposed by chapter 1.
(e) Consolidated returns
For provisions relating to consolidated returns by affiliated
corporations, see chapter 6.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 732; Pub. L. 85-866, title I,
Sec. 72(a), Sept. 2, 1958, 72 Stat. 1660; Pub. L. 88-272, title II,
Sec. 206(b)(1), Feb. 26, 1964, 78 Stat. 40; Pub. L. 91-172, title
IX, Sec. 941(a), (d), Dec. 30, 1969, 83 Stat. 726; Pub. L. 92-178,
title II, Sec. 204(a), Dec. 10, 1971, 85 Stat. 511; Pub. L. 93-443,
title IV, Sec. 407, Oct. 15, 1974, 88 Stat. 1297; Pub. L. 93-625,
Sec. 10(b), Jan. 3, 1975, 88 Stat. 2119; Pub. L. 94-12, title II,
Sec. 201(b), Mar. 29, 1975, 89 Stat. 29; Pub. L. 94-164, Sec.
2(a)(2), Dec. 23, 1975, 89 Stat. 970; Pub. L. 94-455, title IV,
Sec. 401(b)(3), title XIX, Sec. 1906(b)(13)(A), title XXI, Sec.
2101(c), Oct. 4, 1976, 90 Stat. 1556, 1834, 1899; Pub. L. 95-30,
title I, Sec. 104, May 23, 1977, 91 Stat. 139; Pub. L. 95-600,
title I, Secs. 101(c), 102(b)(1), 105(d), title IV, Sec. 404(c)(8),
Nov. 6, 1978, 92 Stat. 2770, 2771, 2776, 2870; Pub. L. 95-615, Sec.
202(g)(5), formerly Sec. 202(f)(5), Nov. 8, 1978, 92 Stat. 3100,
renumbered Sec. 202(g)(5), Pub. L. 96-222, title I, Sec.
108(a)(1)(A), Apr. 1, 1980, 94 Stat. 223; Pub. L. 96-589, Secs.
3(b), 6(i)(5), Dec. 24, 1980, 94 Stat. 3400, 3410; Pub. L. 97-34,
title I, Secs. 104(d)(1), 111(b)(3), Aug. 13, 1981, 95 Stat. 189,
194; Pub. L. 98-369, div. A, title IV, Sec. 412(b)(3), July 18,
1984, 98 Stat. 792; Pub. L. 99-514, title I, Sec. 104(a)(1), title
XV, Sec. 1525(a), Oct. 22, 1986, 100 Stat. 2103, 2749; Pub. L.
100-647, title I, Sec. 1001(b)(2), Nov. 10, 1988, 102 Stat. 3349;
Pub. L. 105-34, title III, Sec. 312(d)(11), title XII, Sec. 1225,
Aug. 5, 1997, 111 Stat. 840, 1019; Pub. L. 106-230, Sec. 3(a)(1),
July 1, 2000, 114 Stat. 482; Pub. L. 107-276, Sec. 3(a), Nov. 2,
2002, 116 Stat. 1931.)
-REFTEXT-
REFERENCES IN TEXT
Section 63(c)(2)(D), referred to in subsec. (a)(9), was repealed
by Pub. L. 107-16, title III, Sec. 301(a)(4), June 7, 2001, 115
Stat. 53. Subsequently, section 63(c)(2)(C) was redesignated as
section 63(c)(2)(D) by Pub. L. 107-147, title IV, Sec.
411(e)(1)(C), Mar. 9, 2002, 116 Stat. 46.
-MISC1-
AMENDMENTS
2002 - Subsec. (a)(6). Pub. L. 107-276 struck out "or which has
gross receipts of $25,000 or more for the taxable year (other than
an organization to which section 527 applies solely by reason of
subsection (f)(1) of such section)" after "(within the meaning of
section 527(c)(1)) for the taxable year".
2000 - Subsec. (a)(6). Pub. L. 106-230 inserted "or which has
gross receipts of $25,000 or more for the taxable year (other than
an organization to which section 527 applies solely by reason of
subsection (f)(1) of such section)" after "taxable year".
1997 - Subsec. (b)(6). Pub. L. 105-34, Sec. 1225, added par. (6).
Subsec. (c). Pub. L. 105-34, Sec. 312(d)(11), substituted
"(relating to gain from sale of principal residence)" for
"(relating to one-time exclusion of gain from sale of principal
residence by individual who has attained age 55)".
1988 - Subsec. (a)(1)(C)(i). Pub. L. 100-647 amended subcl. (I)
generally, substituting "the sum of the amount in effect under
section 63(c)(5)(A) plus the additional standard deduction (if any)
to which the individual is entitled" for "the amount in effect
under section 63(c)(5)(A) (relating to limitation on standard
deduction in the case of certain dependents)".
1986 - Subsec. (a)(1). Pub. L. 99-514, Sec. 104(a)(1)(A), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"(1)(A) Every individual having for the taxable year a gross
income of the exemption amount or more, except that a return shall
not be required of an individual (other than an individual
described in subparagraph (C)) -
"(i) who is not married (determined by applying section 143),
is not a surviving spouse (as defined in section 2(a)), and for
the taxable year has a gross income of less than the sum of the
exemption amount plus the zero bracket amount applicable to such
an individual,
"(ii) who is a surviving spouse (as so defined) and for the
taxable year has a gross income of less than the sum of the
exemption amount plus the zero bracket amount applicable to such
an individual, or
"(iii) who is entitled to make a joint return under section
6013 and whose gross income, when combined with the gross income
of his spouse, is, for the taxable year, less than the sum of
twice the exemption amount plus the zero bracket amount
applicable to a joint return, but only if such individual and his
spouse, at the close of the taxable year, had the same household
as their home.
Clause (iii) shall not apply if for the taxable year such spouse
makes a separate return or any other taxpayer is entitled to an
exemption for such spouse under section 151(e).
"(B) The amount specified in clause (i) or (ii) of subparagraph
(A) shall be increased by the exemption amount in the case of an
individual entitled to an additional personal exemption under
section 151(c)(1), and the amount specified in clause (iii) of
subparagraph (A) shall be increased by the exemption amount for
each additional personal exemption to which the individual or his
spouse is entitled under section 151(c).
"(C) The exception under subparagraph (A) shall not apply to -
"(i) a nonresident alien individual;
"(ii) a citizen of the United States entitled to the benefits
of section 931;
"(iii) an individual making a return under section 443(a)(1)
for a period of less than 12 months on account of a change in his
annual accounting period;
"(iv) an individual who has income (other than earned income)
of the exemption amount or more and who is described in section
63(e)(1)(D); or
"(v) an estate or trust.
"(D) For purposes of this paragraph -
"(i) The term 'zero bracket amount' has the meaning given to
such term by section 63(d).
"(ii) The term 'exemption amount' has the meaning given to such
term by section 151(f)."
Subsec. (a)(9). Pub. L. 99-514, Sec. 104(a)(1)(B), substituted
"not less than the sum of the exemption amount plus the basic
standard deduction under section 63(c)(2)(D)" for "$2,700 or more".
Subsecs. (d), (e). Pub. L. 99-514, Sec. 1525(a), added subsec.
(d) and redesignated former subsec. (d) as (e).
1984 - Subsec. (b)(2). Pub. L. 98-369 struck out "or section
6015(a)" after "subsection (a)".
1981 - Subsec. (a)(1). Pub. L. 97-34, Sec. 104(d)(1)(D),
substituted "the exemption amount" for "$1,000", wherever
appearing, substituted "the sum of the exemption amount plus the
zero bracket amount applicable to such an individual" for "$3,300"
in subpar. (A)(i) and for "$4,400" in subpar. (A)(ii), substituted
"the sum of twice the exemption amount plus the zero bracket amount
applicable to a joint return" for "$5,400" in subpar. (A)(iii), and
added subpar. (D).
Subsec. (c). Pub. L. 97-34, Sec. 111(b)(3), substituted "relating
to citizens or residents of the United States living abroad" for
"relating to income earned by employees in certain camps".
1980 - Subsec. (a)(9). Pub. L. 96-589, Sec. 3(b)(1), added par.
(9).
Subsec. (b)(3). Pub. L. 96-589, Sec. 6(i)(5), substituted
"trustee in a case under title 11 of the United States Code" for
"trustee in bankruptcy".
Subsec. (b)(4). Pub. L. 96-589, Sec. 3(b)(2), inserted reference
to estate of an individual under chapter 7 or 11 of title 11 of the
United States Code.
1978 - Subsec. (a)(1)(A). Pub. L. 95-600, Secs. 101(c),
102(b)(1), substituted in provision preceding cl. (i), "$1,000" for
"$750", in cl. (i), "$3,050" for "$2,950" and "$3,300" for
"$3,050", in cl. (ii), "$4,150" for "$3,950" and "$4,400" for
"$4,150", and in cl. (iii), "$4,900" for "$4,700" and "$5,400" for
"$4,900".
Subsec. (a)(8). Pub. L. 95-600, Sec. 105(d), added par. (8).
Subsec. (c). Pub. L. 95-615 substituted "(relating to income
earned by employees in certain camps)" for "(relating to earned
income from sources without the United States)".
Pub. L. 95-600, Sec. 404(c)(8), inserted provisions relating to a
one-time exclusion and principal residence, and substituted "55"
for "65".
1977 - Subsec. (a)(1)(A). Pub. L. 95-30 substituted "(other than
an individual described in subparagraph (C))" for "(other than an
individual referred to in section 142(b))" in provisions preceding
cl. (i), "$2,950" for "$2,450" in cl. (i), "$3,950" for "$2,850" in
cl. (ii), and "$4,700" for "$3,600" in cl. (iii).
Subsec. (a)(1)(B). Pub. L. 95-30 reenacted subpar. (B) without
change.
Subsec. (a)(1)(C). Pub. L. 95-30 substituted provisions that the
exception under subparagraph (A) shall not apply to a nonresident
alien individual, a citizen of the United States entitled to the
benefits of section 931, an individual making a return under
section 443(a)(1) for a period of less than 12 months on account of
a change in his annual accounting period, an individual who has
income (other than earned income) of $750 or more and who is
described in section 63(e)(1)(D), or an estate or trust, for
provisions requiring that a return with respect to income taxes
under subtitle A be made by every individual having for the taxable
year a gross income of $750 or more and to whom section 141(e)
(relating to limitations in case of certain dependent taxpayers)
applied.
1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out in provisions following par. (7) "or his delegate" after
"Secretary".
Subsec. (a)(1)(A), (B). Pub. L. 94-455, Sec. 401(b)(3), reenacted
subpars. (A) and (B) without change.
Subsec. (a)(7). Pub. L. 94-455, Sec. 2101(c), added par. (7).
Subsec. (b)(5). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out
"or his delegate" after "Secretary".
1975 - Subsec. (a)(1)(A). Pub. L. 94-164 substituted "$2,450" for
"$2,350" in cl. (i), "$2,850" for "$2,650" in cl. (ii), and
"$3,600" for "$3,400" in cl. (iii).
Pub. L. 94-12 substituted "(determined by applying section 143),
is not a surviving spouse (as defined in section 2(a)), and for the
taxable year has a gross income of less than $2,350" for
"determined by applying section 143(a)) and for the taxable year
has a gross income of less than $2,050, or" in cl. (i), added cl.
(ii), redesignated existing cl. (ii) as (iii), in cl. (iii) as so
redesignated substituted "$3,400" for "$2,800", and in provisions
following cl. (iii) substituted "Clause (iii)" for "Clause (ii)".
Subsec. (a)(1)(B). Pub. L. 94-12 substituted "The amount
specified in clause (i) or (ii) of subparagraph (A) shall be
increased by $750" for "The $2,050 amount specified in subparagraph
(A)(i) shall be increased to $2,800" and "the amount specified in
clause (iii) of subparagraph (A) shall be increased by $750" for
"the $2,800 amount specified in subparagraph (A)(ii) shall be
increased by $750".
Subsec. (a)(6). Pub. L. 93-625 added par. (6) and struck out
provision that Secretary or his delegate shall, by regulation,
exempt from requirement of making returns under this section any
political committee (as defined in section 301(d) of Federal
Election Campaign Act of 1971) having no gross income for taxable
year.
1974 - Subsec. (a). Pub. L. 93-443 provided for exemption from
tax returns requirement of political committees having no gross
income for taxable year.
1971 - Subsec. (a)(1). Pub. L. 92-178 substituted "$750" for
"$600" in subpars. (A) and (B); "$2,050" for "1,700" in subpars.
(A)(i) and (B); and "2,800" for "2,300" in subpars. (A)(ii) and
(B), twice; and added subpar. (C), respectively.
1969 - Subsec. (a)(1). Pub. L. 91-172, Sec. 941(a), (d), struck
out after "$600 or more", "(except that any individual who has
attained the age of 65 before the close of his taxable year shall
be required to make a return only if he has for the taxable year a
gross income of $1,200 or more)", designated remaining introductory
text as subpar. (A), inserted remainder of subpars. (A) and (B),
applicable to taxable years beginning after Dec. 31, 1969; and
substituted "$750", "$1,750", and "$2,500" for "$600", "$1,700",
and "$2,300" wherever appearing, effective with respect to taxable
years beginning after Dec. 31, 1972.
1964 - Subsec. (c). Pub. L. 88-272 inserted provisions relating
to sale of residence.
1958 - Subsecs. (c), (d). Pub. L. 85-866 added subsec. (c) and
redesignated former subsec. (c) as (d).
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-276, Sec. 3(d), Nov. 2, 2002, 116 Stat. 1932,
provided that: "The amendments made by this section [amending this
section and sections 6033 and 6104 of this title] shall take effect
as if included in the amendments made by Public Law 106-230."
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-230, Sec. 3(d), July 1, 2000, 114 Stat. 483, provided
that: "The amendments made by this section [amending this section
and sections 6033, 6104, and 6652 of this title] shall apply to
returns for taxable years beginning after June 30, 2000."
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 312(d)(11) of Pub. L. 105-34 applicable to
sales and exchanges after May 6, 1997, with certain exceptions, see
section 312(d)[(e)] of Pub. L. 105-34, set out as a note under
section 121 of this title.
Amendment by section 1225 of Pub. L. 105-34 applicable to
partnership taxable years beginning after Dec. 31, 1997, see
section 1226 of Pub. L. 105-34, as amended, set out as a note under
section 6011 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 104(a)(1) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1986, see section 151(a) of
Pub. L. 99-514, set out as a note under section 1 of this title.
Section 1525(b) of Pub. L. 99-514 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
taxable years beginning after December 31, 1986."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable with respect to taxable
years beginning after Dec. 31, 1984, see section 414(a) of Pub. L.
98-369, set out as a note under section 6654 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 104(d)(1) of Pub. L. 97-34 applicable to
taxable years beginning after Dec. 31, 1984, see section 104(e) of
Pub. L. 97-34, set out as a note under section 1 of this title.
Amendment by section 111(b)(3) of Pub. L. 97-34 applicable with
respect to taxable years beginning after Dec. 31, 1981, see section
115 of Pub. L. 97-34, set out as a note under section 911 of this
title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 6(i)(5) of Pub. L. 96-589 effective Oct. 1,
1979, but not applicable to proceedings under title 11 commenced
before Oct. 1, 1979, and amendment by section 3(b) of Pub. L.
96-589 applicable to bankruptcy cases commencing more than 90 days
after Dec. 24, 1980, see section 7(b), (e) of Pub. L. 96-589, set
out as a note under section 108 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by section 101(c) of Pub. L. 95-600 effective with
respect to taxable years beginning after Dec. 31, 1978, see section
101(f)(1) of Pub. L. 95-600, set out as a note under section 1 of
this title.
Amendment by section 102(b)(1) of Pub. L. 95-600 effective with
respect to taxable years beginning after Dec. 31, 1978, see section
102(d)(1) of Pub. L. 95-600, set out as a note under section 151 of
this title.
Amendment by section 105(d) of Pub. L. 95-600 effective with
respect to taxable years beginning after Dec. 31, 1978, see section
105(g)(1) of Pub. L. 95-600, set out as a note under section 32 of
this title.
Amendment by section 404(c)(8) of Pub. L. 95-600 applicable to
sales or exchanges after July 26, 1978, in taxable years ending
after such date, see section 404(d)(1) of Pub. L. 95-600, set out
as a note under section 121 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT; ELECTION OF PRIOR LAW
Amendment by Pub. L. 95-615 applicable to taxable years beginning
after Dec. 31, 1977, with provision for election of prior law, see
section 209 of Pub. L. 95-615, set out as a note under section 911
of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-30 applicable to taxable years beginning
after Dec. 31, 1976, see section 106(a) of Pub. L. 95-30, set out
as a note under section 1 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 401(b)(3) of Pub. L. 94-455 applicable to
taxable years ending after Dec. 31, 1975, see section 401(e) of
Pub. L. 94-455, set out as a note under section 32 of this title.
EFFECTIVE AND TERMINATION DATES OF 1975 AMENDMENTS
Amendment by Pub. L. 94-164 applicable to taxable years ending
after Dec. 31, 1975 and before Jan. 1, 1977, see section 2(g) of
Pub. L. 94-164, set out as a note under section 32 of this title.
Amendment by Pub. L. 94-12 applicable to taxable years ending
after Dec. 31, 1974, and to cease to apply to taxable years ending
after Dec. 31, 1976, see section 209(a) of Pub. L. 94-12, as
amended, set out as a note under section 3 of this title.
EFFECTIVE DATE OF 1974 AMENDMENTS
Amendment by Pub. L. 93-625 applicable to taxable years beginning
after Dec. 31, 1974, see section 10(e) of Pub. L. 93-625, set out
as an Effective Date note under section 527 of this title.
Amendment by Pub. L. 93-443 applicable with respect to taxable
years beginning after Dec. 31, 1971, see section 410(c)(2) of Pub.
L. 93-443, set out as a note under section 431 of Title 2, The
Congress.
EFFECTIVE DATE OF 1971 AMENDMENT
Section 204(a) of Pub. L. 92-178 provided that the amendment made
by that section is effective with respect to taxable years
beginning after Dec. 31, 1971.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by section 941(a) of Pub. L. 91-172 applicable to
taxable years beginning after Dec. 31, 1969, see section 941(c) of
Pub. L. 91-172, set out as a note under section 151 of this title.
Amendment by section 941(d) of Pub. L. 91-172, which substituted
"$750", "$1,750", and "$2,500" for "$600", "$1,700" and "$2,300"
wherever appearing, effective with respect to taxable years
beginning after Dec. 31, 1972, was repealed by Pub. L. 92-178,
title II, Sec. 204(b), Dec. 10, 1971, 85 Stat. 511.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-272 applicable to dispositions after Dec.
31, 1963, in taxable years ending after such date, see section
206(c) of Pub. L. 88-272, set out as an Effective Date note under
section 121 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT
Section 72(c) of Pub. L. 85-866 provided that: "The amendments
[amending this section and section 911 of this title] made by this
section shall apply to taxable years beginning after December 31,
1957."
RETURN-FREE TAX SYSTEM
Pub. L. 105-206, title II, Sec. 2004, July 22, 1998, 112 Stat.
726, provided that:
"(a) In General. - The Secretary of the Treasury or the
Secretary's delegate shall develop procedures for the
implementation of a return-free tax system under which appropriate
individuals would be permitted to comply with the Internal Revenue
Code of 1986 without making the return required under section 6012
of such Code for taxable years beginning after 2007.
"(b) Report. - Not later than June 30 of each calendar year after
1999, the Secretary shall report to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate on -
"(1) what additional resources the Internal Revenue Service
would need to implement such a system;
"(2) the changes to the Internal Revenue Code of 1986 that
could enhance the use of such a system;
"(3) the procedures developed pursuant to subsection (a); and
"(4) the number and classes of taxpayers that would be
permitted to use the procedures developed pursuant to subsection
(a)."
NO RETURN REQUIRED OF INDIVIDUAL WHOSE ONLY GROSS INCOME IS GRANT
OF $1,000 FROM STATE
Pub. L. 97-424, title V, Sec. 542, Jan. 6, 1983, 96 Stat. 2195,
as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, provided that:
"(a) In General. - Nothing in section 6012(a) of the Internal
Revenue Code of 1986 [formerly I.R.C. 1954] shall be construed to
require the filing of a return with respect to income taxes under
subtitle A of such code by an individual whose only gross income
for the taxable year is a grant of $1,000 received from a State
which made such grants generally to residents of such State.
"(b) Effective Date. - Subsection (a) shall apply to taxable
years beginning after December 31, 1981."
EXEMPTION FROM FILING REQUIREMENT FOR PRIOR YEARS WHERE INCOME OF
POLITICAL PARTY WAS $100 OR LESS
Section 10(f) of Pub. L. 93-625 provided for exemption from
filing requirement for a taxable year beginning after Dec. 31,
1971, and before Jan. 1, 1975, of any section 527(e)(1)
organization where income of political organization was $100 or
less.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1, 106, 882, 911, 6014,
6032, 6033, 6034A, 6037, 6062, 6072, 6513, 6652 of this title;
title 38 section 1503.
-FOOTNOTE-
(!1) So in original.
(!2) See References in Text note below.
-End-
-CITE-
26 USC Sec. 6013 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
Sec. 6013. Joint returns of income tax by husband and wife
-STATUTE-
(a) Joint returns
A husband and wife may make a single return jointly of income
taxes under subtitle A, even though one of the spouses has neither
gross income nor deductions, except as provided below:
(1) no joint return shall be made if either the husband or wife
at any time during the taxable year is a nonresident alien;
(2) no joint return shall be made if the husband and wife have
different taxable years; except that if such taxable years begin
on the same day and end on different days because of the death of
either or both, then the joint return may be made with respect to
the taxable year of each. The above exception shall not apply if
the surviving spouse remarries before the close of his taxable
year, nor if the taxable year of either spouse is a fractional
part of a year under section 443(a)(1);
(3) in the case of death of one spouse or both spouses the
joint return with respect to the decedent may be made only by his
executor or administrator; except that in the case of the death
of one spouse the joint return may be made by the surviving
spouse with respect to both himself and the decedent if no return
for the taxable year has been made by the decedent, no executor
or administrator has been appointed, and no executor or
administrator is appointed before the last day prescribed by law
for filing the return of the surviving spouse. If an executor or
administrator of the decedent is appointed after the making of
the joint return by the surviving spouse, the executor or
administrator may disaffirm such joint return by making, within 1
year after the last day prescribed by law for filing the return
of the surviving spouse, a separate return for the taxable year
of the decedent with respect to which the joint return was made,
in which case the return made by the survivor shall constitute
his separate return.
(b) Joint return after filing separate return
(1) In general
Except as provided in paragraph (2), if an individual has filed
a separate return for a taxable year for which a joint return
could have been made by him and his spouse under subsection (a)
and the time prescribed by law for filing the return for such
taxable year has expired, such individual and his spouse may
nevertheless make a joint return for such taxable year. A joint
return filed by the husband and wife under this subsection shall
constitute the return of the husband and wife for such taxable
year, and all payments, credits, refunds, or other repayments
made or allowed with respect to the separate return of either
spouse for such taxable year shall be taken into account in
determining the extent to which the tax based upon the joint
return has been paid. If a joint return is made under this
subsection, any election (other than the election to file a
separate return) made by either spouse in his separate return for
such taxable year with respect to the treatment of any income,
deduction, or credit of such spouse shall not be changed in the
making of the joint return where such election would have been
irrevocable if the joint return had not been made. If a joint
return is made under this subsection after the death of either
spouse, such return with respect to the decedent can be made only
by his executor or administrator.
(2) Limitations for making of election
The election provided for in paragraph (1) may not be made -
(A) after the expiration of 3 years from the last date
prescribed by law for filing the return for such taxable year
(determined without regard to any extension of time granted to
either spouse); or
(B) after there has been mailed to either spouse, with
respect to such taxable year, a notice of deficiency under
section 6212, if the spouse, as to such notice, files a
petition with the Tax Court within the time prescribed in
section 6213; or
(C) after either spouse has commenced a suit in any court for
the recovery of any part of the tax for such taxable year; or
(D) after either spouse has entered into a closing agreement
under section 7121 with respect to such taxable year, or after
any civil or criminal case arising against either spouse with
respect to such taxable year has been compromised under section
7122.
(3) When return deemed filed
(A) Assessment and collection
For purposes of section 6501 (relating to periods of
limitations on assessment and collection), and for purposes of
section 6651 (relating to delinquent returns), a joint return
made under this subsection shall be deemed to have been filed -
(i) Where both spouses filed separate returns prior to
making the joint return - on the date the last separate
return was filed (but not earlier than the last date
prescribed by law for filing the return of either spouse);
(ii) Where only one spouse filed a separate return prior to
the making of the joint return, and the other spouse had less
than the exemption amount of gross income for such taxable
year - on the date of the filing of such separate return (but
not earlier than the last date prescribed by law for the
filing of such separate return); or
(iii) Where only one spouse filed a separate return prior
to the making of the joint return, and the other spouse had
gross income of the exemption amount or more for such taxable
year - on the date of the filing of such joint return.
For purposes of this subparagraph, the term "exemption amount"
has the meaning given to such term by section 151(d). For
purposes of clauses (ii) and (iii), if the spouse whose gross
income is being compared to the exemption amount is 65 or over,
such clauses shall be applied by substituting "the sum of the
exemption amount and the additional standard deduction under
section 63(c)(2) by reason of section 63(f)(1)(A)" for "the
exemption amount".
(B) Credit or refund
For purposes of section 6511, a joint return made under this
subsection shall be deemed to have been filed on the last date
prescribed by law for filing the return for such taxable year
(determined without regard to any extension of time granted to
either spouse).
(4) Additional time for assessment
If a joint return is made under this subsection, the periods of
limitations provided in sections 6501 and 6502 on the making of
assessments and the beginning of levy or a proceeding in court
for collection shall with respect to such return include one year
immediately after the date of the filing of such joint return
(computed without regard to the provisions of paragraph (3)).
(5) Additions to the tax and penalties
(A) Coordination with part II of subchapter A of chapter 68
For purposes of part II of subchapter A of chapter 68, where
the sum of the amounts shown as tax on the separate returns of
each spouse is less than the amount shown as tax on the joint
return made under this subsection -
(i) such sum shall be treated as the amount shown on the
joint return,
(ii) any negligence (or disregard of rules or regulations)
on either separate return shall be treated as negligence (or
such disregard) on the joint return, and
(iii) any fraud on either separate return shall be treated
as fraud on the joint return.
(B) Criminal penalty
For purposes of section 7206(1) and (2) and section 7207
(relating to criminal penalties in the case of fraudulent
returns) the term "return" includes a separate return filed by
a spouse with respect to a taxable year for which a joint
return is made under this subsection after the filing of such
separate return.
(c) Treatment of joint return after death of either spouse
For purposes of sections 15, 443, and 7851(a)(1)(A), where the
husband and wife have different taxable years because of the death
of either spouse, the joint return shall be treated as if the
taxable years of both spouses ended on the date of the closing of
the surviving spouse's taxable year.
(d) Special rules
For purposes of this section -
(1) the status as husband and wife of two individuals having
taxable years beginning on the same day shall be determined -
(A) if both have the same taxable year - as of the close of
such year; or
(B) if one dies before the close of the taxable year of the
other - as of the time of such death;
(2) an individual who is legally separated from his spouse
under a decree of divorce or of separate maintenance shall not be
considered as married; and
(3) if a joint return is made, the tax shall be computed on the
aggregate income and the liability with respect to the tax shall
be joint and several.
[(e) Repealed. Pub. L. 105-206, title III, Sec. 3201(e)(1), July
22, 1998, 112 Stat. 740]
(f) Joint return where individual is in missing status
For purposes of this section and subtitle A -
(1) Election by spouse
If -
(A) an individual is in a missing status (within the meaning
of paragraph (3)) as a result of service in a combat zone (as
determined for purposes of section 112), and
(B) the spouse of such individual is otherwise entitled to
file a joint return for any taxable year which begins on or
before the day which is 2 years after the date designated under
section 112 as the date of termination of combatant activities
in such zone,
then such spouse may elect under subsection (a) to file a joint
return for such taxable year. With respect to service in the
combat zone designated for purposes of the Vietnam conflict, such
election may be made for any taxable year while an individual is
in missing status.
(2) Effect of election
If the spouse of an individual described in paragraph (1)(A)
elects to file a joint return under subsection (a) for a taxable
year, then, until such election is revoked -
(A) such election shall be valid even if such individual died
before the beginning of such year, and
(B) except for purposes of section 692 (relating to income
taxes of members of the Armed Forces, astronauts, and victims
of certain terrorist attacks on death), the income tax
liability of such individual, his spouse, and his estate shall
be determined as if he were alive throughout the taxable year.
(3) Missing status
For purposes of this subsection -
(A) Uniformed services
A member of a uniformed service (within the meaning of
section 101(3) of title 37 of the United States Code) is in a
missing status for any period for which he is entitled to pay
and allowances under section 552 of such title 37.
(B) Civilian employees
An employee (within the meaning of section 5561(2) of title 5
of the United States Code) is in a missing status for any
period for which he is entitled to pay and allowances under
section 5562 of such title 5.
(4) Making of election; revocation
An election described in this subsection with respect to any
taxable year may be made by filing a joint return in accordance
with subsection (a) and under such regulations as may be
prescribed by the Secretary. Such an election may be revoked by
either spouse on or before the due date (including extensions)
for such taxable year, and, in the case of an executor or
administrator, may be revoked by disaffirming as provided in the
last sentence of subsection (a)(3).
(g) Election to treat nonresident alien individual as resident of
the United States
(1) In general
A nonresident alien individual with respect to whom this
subsection is in effect for the taxable year shall be treated as
a resident of the United States -
(A) for purposes of chapter 1 for all of such taxable year,
and
(B) for purposes of chapter 24 (relating to wage withholding)
for payments of wages made during such taxable year.
(2) Individuals with respect to whom this subsection is in effect
This subsection shall be in effect with respect to any
individual who, at the close of the taxable year for which an
election under this subsection was made, was a nonresident alien
individual married to a citizen or resident of the United States,
if both of them made such election to have the benefits of this
subsection apply to them.
(3) Duration of election
An election under this subsection shall apply to the taxable
year for which made and to all subsequent taxable years until
terminated under paragraph (4) or (5); except that any such
election shall not apply for any taxable year if neither spouse
is a citizen or resident of the United States at any time during
such year.
(4) Termination of election
An election under this subsection shall terminate at the
earliest of the following times:
(A) Revocation by taxpayers
If either taxpayer revokes the election, as of the first
taxable year for which the last day prescribed by law for
filing the return of tax under chapter 1 has not yet occurred.
(B) Death
In the case of the death of either spouse, as of the
beginning of the first taxable year of the spouse who survives
following the taxable year in which such death occurred; except
that if the spouse who survives is a citizen or resident of the
United States who is a surviving spouse entitled to the
benefits of section 2, the time provided by this subparagraph
shall be as of the close of the last taxable year for which
such individual is entitled to the benefits of section 2.
(C) Legal separation
In the case of the legal separation of the couple under a
decree of divorce or of separate maintenance, as of the
beginning of the taxable year in which such legal separation
occurs.
(D) Termination by Secretary
At the time provided in paragraph (5).
(5) Termination by Secretary
The Secretary may terminate any election under this subsection
for any taxable year if he determines that either spouse has
failed -
(A) to keep such books and records,
(B) to grant such access to such books and records, or
(C) to supply such other information,
as may be reasonably necessary to ascertain the amount of
liability for taxes under chapter 1 of either spouse for such
taxable year.
(6) Only one election
If any election under this subsection for any two individuals
is terminated under paragraph (4) or (5) for any taxable year,
such two individuals shall be ineligible to make an election
under this subsection for any subsequent taxable year.
(h) Joint return, etc., for year in which nonresident alien becomes
resident of United States
(1) In general
If -
(A) any individual is a nonresident alien individual at the
beginning of any taxable year but is a resident of the United
States at the close of such taxable year,
(B) at the close of such taxable year, such individual is
married to a citizen or resident of the United States, and
(C) both individuals elect the benefits of this subsection at
the time and in the manner prescribed by the Secretary by
regulation,
then the individual referred to in subparagraph (A) shall be
treated as a resident of the United States for purposes of
chapter 1 for all of such taxable year, and for purposes of
chapter 24 (relating to wage withholding) for payments of wages
made during such taxable year.
(2) Only one election
If any election under this subsection applies for any 2
individuals for any taxable year, such 2 individuals shall be
ineligible to make an election under this subsection for any
subsequent taxable year.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 733; Pub. L. 85-866, title I,
Sec. 73, Sept. 2, 1958, 72 Stat. 1660; Pub. L. 91-172, title VIII,
Sec. 801(a)(2), (b)(2), (c)(2), (d)(2), Dec. 30, 1969, 83 Stat.
675, 676; Pub. L. 91-679, Sec. 1, Jan. 12, 1971, 84 Stat. 2063;
Pub. L. 92-178, title II, Sec. 201(a)(2), (b)(2), (c), Dec. 10,
1971, 85 Stat. 510, 511; Pub. L. 93-597, Sec. 3(a), Jan. 2, 1975,
88 Stat. 1950; Pub. L. 94-455, title X, Sec. 1012(a)(1), title XIX,
Sec. 1906(a)(1), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1612, 1824,
1834; Pub. L. 94-569, Sec. 3(d), Oct. 20, 1976, 90 Stat. 2699; Pub.
L. 95-600, title I, Sec. 102(b)(2), title VII, Sec.
701(u)(15)(A)-(C), (16)(A), Nov. 6, 1978, 92 Stat. 2771, 2919,
2920; Pub. L. 97-34, title I, Sec. 104(d)(2), Aug. 13, 1981, 95
Stat. 189; Pub. L. 97-248, title III, Secs. 307(a)(4), (5), 308(a),
Sept. 3, 1982, 96 Stat. 589, 591; Pub. L. 97-448, title III, Sec.
307(c), Jan. 12, 1983, 96 Stat. 2407; Pub. L. 98-67, title I, Sec.
102(a), Aug. 5, 1983, 97 Stat. 369; Pub. L. 98-369, div. A, title
IV, Secs. 424(a), 474(b)(2), July 18, 1984, 98 Stat. 801, 830; Pub.
L. 99-514, title I, Sec. 104(a)(2), title XVII, Sec. 1708(a)(3),
Oct. 22, 1986, 100 Stat. 2104, 2782; Pub. L. 100-647, title I, Sec.
1015(b)(1), Nov. 10, 1988, 102 Stat. 3568; Pub. L. 101-239, title
VII, Sec. 7721(c)(6), Dec. 19, 1989, 103 Stat. 2399; Pub. L.
101-508, title XI, Sec. 11704(a)(22), Nov. 5, 1990, 104 Stat.
1388-519; Pub. L. 104-168, title IV, Sec. 402(a), July 30, 1996,
110 Stat. 1459; Pub. L. 105-206, title III, Sec. 3201(e)(1), title
VI, Sec. 6011(e)(2), July 22, 1998, 112 Stat. 740, 818; Pub. L.
107-134, title I, Sec. 101(b)(2), Jan. 23, 2002, 115 Stat. 2428;
Pub. L. 108-121, title I, Sec. 110(a)(2)(B), Nov. 11, 2003, 117
Stat. 1342.)
-MISC1-
AMENDMENTS
2003 - Subsec. (f)(2)(B). Pub. L. 108-121 inserted ",
astronauts," after "Forces".
2002 - Subsec. (f)(2)(B). Pub. L. 107-134 inserted "and victims
of certain terrorist attacks" before "on death".
1998 - Subsec. (e). Pub. L. 105-206, Sec. 3201(e)(1), struck out
subsec. (e), which had: in par. (1), declared that spouse was
relieved of liability for tax where joint return had been made,
there was substantial understatement of tax attributable to grossly
erroneous items of one spouse, other spouse established that he or
she did not know that there was such substantial understatement,
and it would be inequitable to hold other spouse liable; in pars.
(2) and (3), defined terms "grossly erroneous items" and
"substantial understatement", respectively; in par. (4), directed
that understatement had to exceed specified percentage of spouse's
income; and in par. (5) declared that determination of spouse, to
whom items of gross income were attributable would be made without
regard to community property laws.
Subsecs. (g)(1)(A), (5), (h)(1). Pub. L. 105-206, Sec.
6011(e)(2), substituted "chapter 1" for "chapters 1 and 5".
1996 - Subsec. (b)(2). Pub. L. 104-168 redesignated subpars. (B)
to (E) as (A) to (D), respectively, and struck out former subpar.
(A) which read as follows: "unless there is paid in full at or
before the time of the filing of the joint return the amount shown
as tax upon such joint return; or".
1990 - Subsec. (e)(3). Pub. L. 101-508 substituted "section
6662(d)(2)(A)" for "section 6661(b)(2)(A)".
1989 - Subsec. (b)(5)(A). Pub. L. 101-239 substituted "part II of
subchapter A of chapter 68" for "section 6653" in heading and in
text.
1988 - Subsec. (b)(5)(A). Pub. L. 100-647 amended subpar. (A)
generally. Prior to amendment, subpar. (A) related to additions to
tax when amount shown as tax by husband and wife on joint return
exceeds aggregate of amounts shown as tax on separate return of
each spouse.
1986 - Subsec. (b)(3)(A). Pub. L. 99-514, Sec. 104(a)(2), struck
out "(twice the exemption amount in case such spouse was 65 or
over)" before "for such taxable year" in cls. (ii) and (iii),
substituted "section 151(d)" for "section 151(f)" in concluding
provisions, and inserted last sentence.
Subsec. (f)(1). Pub. L. 99-514, Sec. 1708(a)(3), substituted
"such election may be made for any taxable year while an individual
is in missing status" for "no such election may be made for any
taxable year beginning after December 31, 1982".
1984 - Subsec. (c). Pub. L. 98-369, Sec. 474(b)(2), substituted
"15" for "21".
Subsec. (e). Pub. L. 98-369, Sec. 424(a), in amending subsec. (e)
generally, reenacted as par. (1)(A) part of former par. (1)(A);
incorporated in par. (1)(B) part of former par. (1)(A),
substituting "there is a substantial understatement of tax
attributable to grossly erroneous items of one spouse" for "there
was omitted from gross income an amount properly includable therein
which is attributable to one spouse and which is in excess of 25
percent of the amount of gross income stated in the return";
redesignated as par. (1)(C) former par. (1)(B), substituting "had
no reason to know, that there was such substantial understatement"
for "had no reason to know of, such omission"; reenacted as par.
(1)(D) former par. (1)(C), substituting preceding ", it is
inequitable" the words "all the facts and circumstances" for
"whether or not the other spouse significantly benefited directly
or indirectly from the items omitted from gross income and taking
into account all other facts and circumstances" and "attributable
to such substantial understatement" for "attributable to such
omission"; substituted in conclusional text "attributable to such
substantial understatement" for "attributable to such omission from
gross income"; added pars. (2) to (4); and incorporated in
provisions designated par. (5) similar provisions of former par.
(2)(A), substituting as par. heading "Special rule for community
property income" for "Special rules" and deleting former par.
(2)(B) respecting determination as provided in section
6501(e)(1)(A) of amount omitted from gross income.
1983 - Pub. L. 98-67 repealed amendments made by Pub. L. 97-248.
See 1982 Amendment note below.
Subsec. (f)(1). Pub. L. 97-448 substituted "December 31, 1982"
for "January 2, 1978".
1982 - Subsecs. (g)(1)(B). (h)(1). Pub. L. 97-248 provided that,
applicable to payments of interest, dividends, and patronage
dividends paid or credited after June 30, 1983, subsec. (g)(1)(B)
is amended by substituting "(relating to withholding on wages,
interest, dividends, and patronage dividends)" for "(relating to
wage withholding)" and by striking out "of wages", and subsec.
(h)(1) is amended by substituting "(relating to withholding on
wages, interest, dividends, and patronage dividends)" for
"(relating to wage withholding)" and by striking out "of wages".
Section 102(a), (b) of Pub. L. 98-67, title I, Aug. 5, 1983, 97
Stat. 369, repealed subtitle A (Secs. 301-308) of title III of Pub.
L. 97-248 as of the close of June 30, 1983, and provided that the
Internal Revenue Code of 1954 [now 1986] [this title] shall be
applied and administered (subject to certain exceptions) as if such
subtitle A (and the amendments made by such subtitle A) had not
been enacted.
1981 - Subsec. (b)(3)(A). Pub. L. 97-34 substituted "the
exemption amount" for "$1,000" and "twice the exemption amount" for
"$2,000" in cls. (ii) and (iii) and inserted provision following
cl. (iii) defining "exemption amount".
1978 - Subsec. (b)(3)(A). Pub. L. 95-600, Sec. 102(b)(2),
increased the exemptions wherever appearing from $750 and $1500 to
$1,000 and $2,000, respectively, with respect to taxable years
beginning after Dec. 31, 1978.
Subsec. (g)(1). Pub. L. 95-600, Sec. 701(u)(15)(A), amended par.
(1) generally, designating existing provisions as introductory
material and par. (A), and in such par. (A) inserting reference to
chapter 5, and adding par. (2).
Subsec. (g)(2). Pub. L. 95-600, Sec. 701(u)(16)(A), substituted
"who, at the close of the taxable year for which an election under
this subsection was made," for "who, at the time an election was
made under this subsection,".
Subsec. (g)(5). Pub. L. 95-600, Sec. 701(u)(15)(B), substituted
"chapters 1 and 5" for "chapter 1".
Subsec. (h)(1). Pub. L. 95-600, Sec. 701(u)(15)(C), substituted
"chapters 1 and 5" for "chapter 1" and inserted provision relating
to chapter 24 of this title.
1976 - Subsec. (b)(2)(C). Pub. L. 94-455, Sec. 1906(a)(1)(A),
struck out "of the United States" after "Tax Court".
Subsec. (d). Pub. L. 94-455, Sec. 1906(a)(1)(B), (C), substituted
in heading "Special rules" for "Definitions", in par. (1)(A) "of
such year; or" for "of such year; and", and in par. (1)(B) "of such
death;" for "of such death; and".
Subsec. (e)(1). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out
"or his delegate" after "Secretary".
Subsec. (f)(1). Pub. L. 94-569 substituted "after January 2,
1978" for "more than 2 years after the date of the enactment of
this sentence" after "With respect to service in the combat zone
designated for purposes of the Vietnam conflict, no such election
may be made for any taxable year beginning".
Subsec. (f)(4). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out
"or his delegate" after "Secretary".
Subsecs. (g), (h). Pub. L. 94-455, Sec. 1012(a)(1), added
subsecs. (g) and (h).
1975 - Subsec. (f). Pub. L. 93-597 added subsec. (f).
1971 - Subsec. (b)(3)(A). Pub. L. 92-178 increased the exemptions
wherever appearing from $650 and $1,300 to $675 and $1,350,
respectively, with respect to taxable years beginning after Dec.
1970, and before Jan. 1, 1972, and to $750 and $1,500,
respectively, with respect to taxable years beginning after Dec.
31, 1971.
Subsec. (e). Pub. L. 91-679 added subsec. (e).
1969 - Subsec. (b)(3)(A). Pub. L. 91-172, Sec. 801(a)(2), (b)(2),
(c)(2), (d)(2), increased the exemptions wherever appearing from
$600 and $1,200 to $625 and $1,250, respectively with respect to
taxable years ending Dec. 31, 1970, and to $650 and $1,300,
respectively, with respect to taxable years beginning after Dec.
31, 1970, and before Jan. 1, 1972, to $700 and $1,400,
respectively, with respect to taxable years beginning after Dec.
31, 1971, and before Jan. 1, 1973, and to $750 and $1,500,
respectively, with respect to taxable years beginning after Dec.
31, 1972.
1958 - Subsec. (b)(2)(C). Pub. L. 85-866 substituted "section
6213" for "such section".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-121 applicable with respect to any
astronaut whose death occurs after Dec. 31, 2002, see section
110(a)(4) of Pub. L. 108-121, set out as a note under section 5 of
this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-134 applicable to taxable years ending
before, on, or after Sept. 11, 2001, with provisions relating to
waiver of limitations, see section 101(d) of Pub. L. 107-134, set
out as a note under section 692 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 3201 of Pub. L. 105-206 applicable to any
liability for tax arising after July 22, 1998, and any liability
for tax arising on or before such date but remaining unpaid as of
such date, see section 3201(g)(1) of Pub. L. 105-206, set out as a
note under section 6015 of this title.
Amendment by section 6011(e)(2) of Pub. L. 105-206 effective,
except as otherwise provided, as if included in the provisions of
the Taxpayer Relief Act of 1997, Pub. L. 105-34, to which such
amendment relates (see section 1131 of Pub. L. 105-34), see section
6024 of Pub. L. 105-206, set out as a note under section 1 of this
title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 402(b) of Pub. L. 104-168 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
taxable years beginning after the date of the enactment of this Act
[July 30, 1996]."
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 applicable to returns the due date
for which (determined without regard to extensions) is after Dec.
31, 1989, see section 7721(d) of Pub. L. 101-239, set out as a note
under section 461 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 1015(b)(4) of Pub. L. 100-647 provided that: "The
amendments made by this subsection (other than paragraph (3))
[amending this section and sections 6601 and 6653 of this title]
shall apply to returns the due date for which (determined without
regard to extensions) is after December 31, 1988."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 104(a)(2) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1986, see section 151(a) of
Pub. L. 99-514, set out as a note under section 1 of this title.
Amendment by section 1708(a)(3) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1982, see section 1708(b) of
Pub. L. 99-514, set out as a note under section 2 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 424(c) of Pub. L. 98-369, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-647, title VI,
Sec. 6004, Nov. 10, 1988, 102 Stat. 3685, provided that:
"(1) In general. - Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) [amending this section
and section 66 of this title] shall apply to all taxable years to
which the Internal Revenue Code of 1986 [formerly I.R.C. 1954]
applies. Corresponding provisions shall be deemed to be included in
the Internal Revenue Code of 1939 and shall apply to all taxable
years to which such Code applies.
"(2) Authority to disregard community property laws. - Subsection
(b) of section 66 of the Internal Revenue Code of 1986, as added by
subsection (b), shall apply to taxable years beginning after
December 31, 1984.
"(3) Transitional rule. - If -
"(A) a joint return under section 6013 of the Internal Revenue
Code of 1954 was filed before January 1, 1985,
"(B) on such return there is an understatement (as defined in
section 6661(b)(2)(A) of such Code) which is attributable to
disallowed deductions attributable to activities of one spouse,
"(C) the amount of such disallowed deductions exceeds the
taxable income shown on such return,
"(D) without regard to any determination before October 21,
1988, the other spouse establishes that in signing the return he
or she did not know, and had no reason to know, that there was
such an understatement, and
"(E) the marriage between such spouses terminated and
immediately after such termination the net worth of the other
spouse was less than $10,000,
notwithstanding any law or rule of law (including res judicata),
the other spouse shall be relieved of liability for tax (including
interest, penalties, and other amounts) for such taxable year to
the extent such liability is attributable to such understatement,
and, to the extent the liability so attributable has been collected
from such other spouse, it shall be refunded or credited to such
other spouse. No credit or refund shall be made under the preceding
sentence unless claim therefor has been submitted to the Secretary
of the Treasury or his delegate before the date 1 year after the
date of the enactment of this paragraph [Nov. 10, 1988], and no
interest on such credit or refund shall be allowed for any period
before such date of enactment."
Amendment by section 474(b)(2) of Pub. L. 98-369 applicable to
taxable years beginning after Dec. 31, 1983, and to carrybacks from
such years, see section 475(a) of Pub. L. 98-369, set out as a note
under section 21 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to taxable years beginning
after Dec. 31, 1984, see section 104(e) of Pub. L. 97-34, set out
as a note under section 1 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by section 102(b)(2) of Pub. L. 95-600 effective with
respect to taxable years beginning after Dec. 31, 1978, see section
102(d)(1) of Pub. L. 95-600, set out as a note under section 151 of
this title.
Section 701(u)(15)(E) of Pub. L. 95-600, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The
amendments made by this paragraph [amending this section and
section 6401 of this title] -
"(i) to the extent that they relate to chapter 1 or 5 of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954, sections 1
et seq. and 1491 et seq. of this title, respectively], shall
apply to taxable years ending on or after December 31, 1975, and
"(ii) to the extent that they relate to wage withholding under
chapter 24 of such Code [section 3401 et seq. of this title],
shall apply to remuneration paid on or after the first day of the
first month which begins more than 90 days after the date of the
enactment of this Act [Nov. 6, 1978]."
Section 701(u)(16)(B) of Pub. L. 95-600 provided that: "The
amendment made by subparagraph (A) [amending this section] shall
apply to taxable years beginning after December 31, 1975."
EFFECTIVE DATE OF 1976 AMENDMENT
Section 1012(d) of Pub. L. 94-455 provided that: "The amendments
made by subsection (a) [enacting this section and section 871 of
this title] shall apply to taxable years ending on or after
December 31, 1975. The amendments made by subsections (b) and (c)
[enacting section 879 of this title, amending section 6073 of this
title, and repealing section 981 of this title] shall apply to
taxable years beginning after December 31, 1976."
Section 1906(d) of Pub. L. 94-455, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"(1) General rule. - Except as otherwise expressly provided in
this section, the amendments made by this section [see Tables for
classification] shall take effect on the first day of the first
month which begins more than 90 days after the date of the
enactment of this Act [Oct. 4, 1976].
"(2) Amendments relating to income tax. - The amendments made by
this section, when relating to a tax imposed by chapter 1 or
chapter 2 of the Internal Revenue Code of 1986 [formerly I.R.C.
1954], shall take effect with respect to taxable years beginning
after December 31, 1976."
Section 2114(b) of Pub. L. 94-455 provided that: "The application
permitted under the amendment made by subsection (a) of this
section [amending section 3 of Pub. L. 91-679, set out as an
Effective Date of 1971 Amendment note below] must be filed with the
Secretary of the Treasury during the first calendar year beginning
after the date of the enactment of this Act [Oct. 4, 1976]."
EFFECTIVE DATE OF 1975 AMENDMENT
Section 3(c) of Pub. L. 93-597 provided that: "The amendments
made by this section [amending this section and section 2 of this
title] shall apply to taxable years ending on or after February 28,
1961."
EFFECTIVE DATE OF 1971 AMENDMENTS
Section 201(a), (b) of Pub. L. 92-178 provided in part that the
increases in exemptions from $650 to $675 and from $1,300 to
$1,350, respectively, were effective with respect to taxable years
beginning after Dec. 31, 1970, and before Jan. 1, 1972, and to $750
and $1,500, respectively, with respect to taxable years beginning
after Dec. 31, 1971.
Section 3 of Pub. L. 91-679, as amended by section 2114(a) of
Pub. L. 94-455; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, provided that: "The amendments made by the first two sections
of this Act [amending this section and section 6653 of this title]
shall apply to all taxable years to which the Internal Revenue Code
of 1986 [formerly I.R.C. 1954] applies. Corresponding provisions
shall be deemed to be included in the Internal Revenue Code of 1939
and shall apply to all taxable years to which such Code applies.
Upon application by a taxpayer, the Secretary of the Treasury shall
redetermine the liability for tax (including interest, penalties,
and other amounts) of such taxpayer for taxable years beginning
after December 31, 1961, and ending before January 13, 1971. The
preceding sentence shall apply solely to a taxpayer to whom the
application of the provisions of section 6013(e) of the Internal
Revenue Code of 1986, as added by this Act, for such taxable years
is prevented by the operation of res judicata, and such
redetermination shall be made without regard to such rule of law.
Any overpayment of tax by such taxpayer for such taxable years
resulting from the redetermination made under this Act shall be
refunded to such taxpayer."
EFFECTIVE DATE OF 1969 AMENDMENT
Section 801(a)(2), (b)(2) of Pub. L. 91-172 provided in part that
the increases in exemptions from $600 and $1,200 to $625 and
$1,250, respectively, were effective with respect to taxable years
beginning after Dec. 31, 1969, and before Jan. 1, 1971; and to $650
and $1,300, respectively, with respect to taxable years beginning
after Dec. 31, 1970, and before Jan. 1, 1972. Section 801(c)(2),
(d)(2) of Pub. L. 91-172, which provided for increases in
exemptions to $700 and $1,400, respectively, with respect to
taxable years beginning after Dec. 31, 1971, and before Jan. 1,
1973, and to $750 and $1,500, respectively, with respect to taxable
years beginning after Dec. 31, 1972, was repealed by Pub. L.
92-178, title II, Sec. 201(c), Dec. 10, 1971, 85 Stat. 511.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-866 effective Aug. 17, 1954, see section
1(c)(2) of Pub. L. 85-866, set out as a note under section 165 of
this title.
SEPARATE NOTICE TO EACH FILER
Pub. L. 105-206, title III, Sec. 3201(d), July 22, 1998, 112
Stat. 740, provided that: "The Secretary of the Treasury shall,
wherever practicable, send any notice relating to a joint return
under section 6013 of the Internal Revenue Code of 1986 separately
to each individual filing the joint return."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1, 2, 25A, 32, 62, 66,
151, 213, 222, 692, 879, 1244, 6015, 6017, 6072, 6230, 6401, 6501,
6511, 7508, 7701 of this title.
-End-
-CITE-
26 USC Sec. 6014 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
Sec. 6014. Income tax return - tax not computed by taxpayer
-STATUTE-
(a) Election by taxpayer
An individual who does not itemize his deductions and who is not
described in section 6012(a)(1)(C)(i), whose gross income is less
than $10,000 and includes no income other than remuneration for
services performed by him as an employee, dividends or interest,
and whose gross income other than wages, as defined in section
3401(a), does not exceed $100, shall at his election not be
required to show on the return the tax imposed by section 1. Such
election shall be made by using the form prescribed for purposes of
this section. In such case the tax shall be computed by the
Secretary who shall mail to the taxpayer a notice stating the
amount determined as payable.
(b) Regulations
The Secretary shall prescribe regulations for carrying out this
section, and such regulations may provide for the application of
the rules of this section -
(1) to cases where the gross income includes items other than
those enumerated by subsection (a),
(2) to cases where the gross income from sources other than
wages on which the tax has been withheld at the source is more
than $100,
(3) to cases where the gross income is $10,000 or more, or
(4) to cases where the taxpayer itemizes his deductions or
where the taxpayer claims a reduced standard deduction by reason
of section 63(c)(5).
Such regulations shall provide for the application of this section
in the case of husband and wife, including provisions determining
when a joint return under this section may be permitted or
required, whether the liability shall be joint and several, and
whether one spouse may make return under this section and the other
without regard to this section.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 736; Pub. L. 88-272, title II,
Sec. 201(d)(14), title III, Sec. 301(b)(2), Feb. 26, 1964, 78 Stat.
32, 140; Pub. L. 91-172, title VIII, Sec. 803(d)(1), title IX, Sec.
942(a), Dec. 30, 1969, 83 Stat. 684, 726; Pub. L. 94-455, title V,
Secs. 501(b)(8), (9), 503(b)(2), (3), title XIX, Sec.
1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1559, 1562, 1834; Pub. L.
95-30, title I, Sec. 101(d)(13), (14), May 23, 1977, 91 Stat. 134;
Pub. L. 99-514, title I, Sec. 104(b)(16), Oct. 22, 1986, 100 Stat.
2106.)
-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-514, Sec. 104(b)(16)(A),
substituted "who is not described in section 6012(a)(1)(C)(i)" for
"who does not have an unused zero bracket amount (determined under
section 63(e))".
Subsec. (b)(4). Pub. L. 99-514, Sec. 104(b)(16)(B), amended par.
(4) generally, substituting "where the taxpayer claims a reduced
standard deduction by reason of section 63(c)(5)" for "has an
unused zero bracket amount".
1977 - Subsec. (a). Pub. L. 95-30, Sec. 101(d)(13), substituted
"An individual who does not itemize his deductions and who does not
have an unused zero bracket amount (determined under section
63(e)), whose gross income" for "An individual entitled to take the
standard deduction provided by section 141 (other than an
individual described in section 141(e)) whose gross income" and
struck out "and shall constitute an election to take the standard
deduction" after "Such election shall be made by using the form
prescribed for purposes of this section".
Subsec. (b)(4). Pub. L. 95-30, Sec. 101(d)(14), substituted
"itemizes his deductions or has an unused zero bracket amount" for
"does not elect the standard deduction or where the taxpayer elects
the standard deduction but is subject to the provision of section
141(e) (relating to limitations in case of certain dependent
taxpayers)".
1976 - Subsec. (a). Pub. L. 94-455, Secs. 501(b)(8), 503(b)(2),
1906(b)(13(A), substituted "entitled to take the standard deduction
provided by section 141 (other than an individual described in
section 141(e))" for "entitled to elect to pay the tax imposed by
section 3" and "take the standard deduction" for "pay the tax
imposed by section 3" and struck out provision relating to
disallowance of section 37 credit in determination of tax imposed
by section 3 of this title, and struck out "or his delegate" after
"Secretary".
Subsec. (b). Pub. L. 94-455, Secs. 501(b)(9), 503(b)(3),
1906(b)(13)(A), struck out an introductory provision, "or his
delegate" after "Secretary", redesignated former par. (5) as (4),
and as so redesignated, inserted reference to where the taxpayer
elects the standard deduction but is subject to the provisions of
section 141(e) (relating to limitations in case of certain
dependent taxpayers). Former par. (4), which related to cases where
the taxpayer is entitled to credit provided by section 37 of this
title, was struck out.
1969 - Subsec. (a). Pub. L. 91-172, Sec. 803(d)(1), raised the
individual gross income limit of $5,000 to $10,000 for exercising
the option to pay the tax under section 3 of this title, and struck
out provisions relating to heads of household, surviving spouses
and married individuals filing separate returns.
Subsec. (b). Pub. L. 91-172, Sec. 942(a), substituted provisions
authorizing the Secretary to promulgate regulations to compute the
tax in cases where the gross income is $10,000 or more, where the
gross income from sources other than wages on which the tax has
been withheld at the source is more than $100, where the taxpayer
is entitled to a credit under section 37 of this title, or where
the taxpayer does not elect the standard deduction, for provisions
authorizing the computation of the tax in cases where the gross
income is $5,000 but not more than $5,200, or where the gross
income from sources other than wages on which the tax has been
withheld at the source is more than $100, but not more than $200.
1964 - Subsec. (a). Pub. L. 88-272 struck out "34 or" before "37
shall not be allowed", and inserted provision that in case of a
married individual filing a separate return and electing benefits
of this subsection, neither Table V in section 3(a) nor Table V in
section 3(b) shall apply.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to taxable years beginning
after Dec. 31, 1986, see section 151(a) of Pub. L. 99-514, set out
as a note under section 1 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-30 applicable to taxable years beginning
after Dec. 31, 1976, see section 106(a) of Pub. L. 95-30, set out
as a note under section 1 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by section 803(d)(1) of Pub. L. 91-172 applicable to
taxable years beginning after Dec. 31, 1969, see section 803(f) of
Pub. L. 91-172, set out as a note under section 1 of this title.
Section 942(b) of Pub. L. 91-172 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
taxable years beginning after December 31, 1969."
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by section 201(d)(14) of Pub. L. 88-272 applicable with
respect to dividends received after Dec. 31, 1964, in taxable years
ending after such date, see section 201(e) of Pub. L. 88-272, set
out as a note under section 22 of this title.
Amendment by section 301(b)(2) of Pub. L. 88-272 applicable to
taxable years beginning after Dec. 31, 1963, except for purpose of
section 21, see section 301(c) of Pub. L. 88-272, set out as a note
under section 3 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3, 6151, 6211 of this
title.
-End-
-CITE-
26 USC Sec. 6015 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
Sec. 6015. Relief from joint and several liability on joint return
-STATUTE-
(a) In general
Notwithstanding section 6013(d)(3) -
(1) an individual who has made a joint return may elect to seek
relief under the procedures prescribed under subsection (b); and
(2) if such individual is eligible to elect the application of
subsection (c), such individual may, in addition to any election
under paragraph (1), elect to limit such individual's liability
for any deficiency with respect to such joint return in the
manner prescribed under subsection (c).
Any determination under this section shall be made without regard
to community property laws.
(b) Procedures for relief from liability applicable to all joint
filers
(1) In general
Under procedures prescribed by the Secretary, if -
(A) a joint return has been made for a taxable year;
(B) on such return there is an understatement of tax
attributable to erroneous items of one individual filing the
joint return;
(C) the other individual filing the joint return establishes
that in signing the return he or she did not know, and had no
reason to know, that there was such understatement;
(D) taking into account all the facts and circumstances, it
is inequitable to hold the other individual liable for the
deficiency in tax for such taxable year attributable to such
understatement; and
(E) the other individual elects (in such form as the
Secretary may prescribe) the benefits of this subsection not
later than the date which is 2 years after the date the
Secretary has begun collection activities with respect to the
individual making the election,
then the other individual shall be relieved of liability for tax
(including interest, penalties, and other amounts) for such
taxable year to the extent such liability is attributable to such
understatement.
(2) Apportionment of relief
If an individual who, but for paragraph (1)(C), would be
relieved of liability under paragraph (1), establishes that in
signing the return such individual did not know, and had no
reason to know, the extent of such understatement, then such
individual shall be relieved of liability for tax (including
interest, penalties, and other amounts) for such taxable year to
the extent that such liability is attributable to the portion of
such understatement of which such individual did not know and had
no reason to know.
(3) Understatement
For purposes of this subsection, the term "understatement" has
the meaning given to such term by section 6662(d)(2)(A).
(c) Procedures to limit liability for taxpayers no longer married
or taxpayers legally separated or not living together
(1) In general
Except as provided in this subsection, if an individual who has
made a joint return for any taxable year elects the application
of this subsection, the individual's liability for any deficiency
which is assessed with respect to the return shall not exceed the
portion of such deficiency properly allocable to the individual
under subsection (d).
(2) Burden of proof
Except as provided in subparagraph (A)(ii) or (C) of paragraph
(3), each individual who elects the application of this
subsection shall have the burden of proof with respect to
establishing the portion of any deficiency allocable to such
individual.
(3) Election
(A) Individuals eligible to make election
(i) In general
An individual shall only be eligible to elect the
application of this subsection if -
(I) at the time such election is filed, such individual
is no longer married to, or is legally separated from, the
individual with whom such individual filed the joint return
to which the election relates; or
(II) such individual was not a member of the same
household as the individual with whom such joint return was
filed at any time during the 12-month period ending on the
date such election is filed.
(ii) Certain taxpayers ineligible to elect
If the Secretary demonstrates that assets were transferred
between individuals filing a joint return as part of a
fraudulent scheme by such individuals, an election under this
subsection by either individual shall be invalid (and section
6013(d)(3) shall apply to the joint return).
(B) Time for election
An election under this subsection for any taxable year may be
made at any time after a deficiency for such year is asserted
but not later than 2 years after the date on which the
Secretary has begun collection activities with respect to the
individual making the election.
(C) Election not valid with respect to certain deficiencies
If the Secretary demonstrates that an individual making an
election under this subsection had actual knowledge, at the
time such individual signed the return, of any item giving rise
to a deficiency (or portion thereof) which is not allocable to
such individual under subsection (d), such election shall not
apply to such deficiency (or portion). This subparagraph shall
not apply where the individual with actual knowledge
establishes that such individual signed the return under
duress.
(4) Liability increased by reason of transfers of property to
avoid tax
(A) In general
Notwithstanding any other provision of this subsection, the
portion of the deficiency for which the individual electing the
application of this subsection is liable (without regard to
this paragraph) shall be increased by the value of any
disqualified asset transferred to the individual.
(B) Disqualified asset
For purposes of this paragraph -
(i) In general
The term "disqualified asset" means any property or right
to property transferred to an individual making the election
under this subsection with respect to a joint return by the
other individual filing such joint return if the principal
purpose of the transfer was the avoidance of tax or payment
of tax.
(ii) Presumption
(I) In general
For purposes of clause (i), except as provided in
subclause (II), any transfer which is made after the date
which is 1 year before the date on which the first letter
of proposed deficiency which allows the taxpayer an
opportunity for administrative review in the Internal
Revenue Service Office of Appeals is sent shall be presumed
to have as its principal purpose the avoidance of tax or
payment of tax.
(II) Exceptions
Subclause (I) shall not apply to any transfer pursuant to
a decree of divorce or separate maintenance or a written
instrument incident to such a decree or to any transfer
which an individual establishes did not have as its
principal purpose the avoidance of tax or payment of tax.
(d) Allocation of deficiency
For purposes of subsection (c) -
(1) In general
The portion of any deficiency on a joint return allocated to an
individual shall be the amount which bears the same ratio to such
deficiency as the net amount of items taken into account in
computing the deficiency and allocable to the individual under
paragraph (3) bears to the net amount of all items taken into
account in computing the deficiency.
(2) Separate treatment of certain items
If a deficiency (or portion thereof) is attributable to -
(A) the disallowance of a credit; or
(B) any tax (other than tax imposed by section 1 or 55)
required to be included with the joint return;
and such item is allocated to one individual under paragraph (3),
such deficiency (or portion) shall be allocated to such
individual. Any such item shall not be taken into account under
paragraph (1).
(3) Allocation of items giving rise to the deficiency
For purposes of this subsection -
(A) In general
Except as provided in paragraphs (4) and (5), any item giving
rise to a deficiency on a joint return shall be allocated to
individuals filing the return in the same manner as it would
have been allocated if the individuals had filed separate
returns for the taxable year.
(B) Exception where other spouse benefits
Under rules prescribed by the Secretary, an item otherwise
allocable to an individual under subparagraph (A) shall be
allocated to the other individual filing the joint return to
the extent the item gave rise to a tax benefit on the joint
return to the other individual.
(C) Exception for fraud
The Secretary may provide for an allocation of any item in a
manner not prescribed by subparagraph (A) if the Secretary
establishes that such allocation is appropriate due to fraud of
one or both individuals.
(4) Limitations on separate returns disregarded
If an item of deduction or credit is disallowed in its entirety
solely because a separate return is filed, such disallowance
shall be disregarded and the item shall be computed as if a joint
return had been filed and then allocated between the spouses
appropriately. A similar rule shall apply for purposes of section
86.
(5) Child's liability
If the liability of a child of a taxpayer is included on a
joint return, such liability shall be disregarded in computing
the separate liability of either spouse and such liability shall
be allocated appropriately between the spouses.
(e) Petition for review by Tax Court
(1) In general
In the case of an individual against whom a deficiency has been
asserted and who elects to have subsection (b) or (c) apply -
(A) In general
In addition to any other remedy provided by law, the
individual may petition the Tax Court (and the Tax Court shall
have jurisdiction) to determine the appropriate relief
available to the individual under this section if such petition
is filed -
(i) at any time after the earlier of -
(I) the date the Secretary mails, by certified or
registered mail to the taxpayer's last known address,
notice of the Secretary's final determination of relief
available to the individual, or
(II) the date which is 6 months after the date such
election is filed with the Secretary, and
(ii) not later than the close of the 90th day after the
date described in clause (i)(I).
(B) Restrictions applicable to collection of assessment
(i) In general
Except as otherwise provided in section 6851 or 6861, no
levy or proceeding in court shall be made, begun, or
prosecuted against the individual making an election under
subsection (b) or (c) for collection of any assessment to
which such election relates until the close of the 90th day
referred to in subparagraph (A)(ii), or, if a petition has
been filed with the Tax Court under subparagraph (A), until
the decision of the Tax Court has become final. Rules similar
to the rules of section 7485 shall apply with respect to the
collection of such assessment.
(ii) Authority to enjoin collection actions
Notwithstanding the provisions of section 7421(a), the
beginning of such levy or proceeding during the time the
prohibition under clause (i) is in force may be enjoined by a
proceeding in the proper court, including the Tax Court. The
Tax Court shall have no jurisdiction under this subparagraph
to enjoin any action or proceeding unless a timely petition
has been filed under subparagraph (A) and then only in
respect of the amount of the assessment to which the election
under subsection (b) or (c) relates.
(2) Suspension of running of period of limitations
The running of the period of limitations in section 6502 on the
collection of the assessment to which the petition under
paragraph (1)(A) relates shall be suspended -
(A) for the period during which the Secretary is prohibited
by paragraph (1)(B) from collecting by levy or a proceeding in
court and for 60 days thereafter, and
(B) if a waiver under paragraph (5) is made, from the date
the claim for relief was filed until 60 days after the waiver
is filed with the Secretary.
(3) Limitation on Tax Court jurisdiction
If a suit for refund is begun by either individual filing the
joint return pursuant to section 6532 -
(A) the Tax Court shall lose jurisdiction of the individual's
action under this section to whatever extent jurisdiction is
acquired by the district court or the United States Court of
Federal Claims over the taxable years that are the subject of
the suit for refund, and
(B) the court acquiring jurisdiction shall have jurisdiction
over the petition filed under this subsection.
(4) Notice to other spouse
The Tax Court shall establish rules which provide the
individual filing a joint return but not making the election
under subsection (b) or (c) with adequate notice and an
opportunity to become a party to a proceeding under either such
subsection.
(5) Waiver
An individual who elects the application of subsection (b) or
(c) (and who agrees with the Secretary's determination of relief)
may waive in writing at any time the restrictions in paragraph
(1)(B) with respect to collection of the outstanding assessment
(whether or not a notice of the Secretary's final determination
of relief has been mailed).
(f) Equitable relief
Under procedures prescribed by the Secretary, if -
(1) taking into account all the facts and circumstances, it is
inequitable to hold the individual liable for any unpaid tax or
any deficiency (or any portion of either); and
(2) relief is not available to such individual under subsection
(b) or (c),
the Secretary may relieve such individual of such liability.
(g) Credits and refunds
(1) In general
Except as provided in paragraphs (2) and (3), notwithstanding
any other law or rule of law (other than section 6511, 6512(b),
7121, or 7122), credit or refund shall be allowed or made to the
extent attributable to the application of this section.
(2) Res judicata
In the case of any election under subsection (b) or (c), if a
decision of a court in any prior proceeding for the same taxable
year has become final, such decision shall be conclusive except
with respect to the qualification of the individual for relief
which was not an issue in such proceeding. The exception
contained in the preceding sentence shall not apply if the court
determines that the individual participated meaningfully in such
prior proceeding.
(3) Credit and refund not allowed under subsection (c)
No credit or refund shall be allowed as a result of an election
under subsection (c).
(h) Regulations
The Secretary shall prescribe such regulations as are necessary
to carry out the provisions of this section, including -
(1) regulations providing methods for allocation of items other
than the methods under subsection (d)(3); and
(2) regulations providing the opportunity for an individual to
have notice of, and an opportunity to participate in, any
administrative proceeding with respect to an election made under
subsection (b) or (c) by the other individual filing the joint
return.
-SOURCE-
(Added Pub. L. 105-206, title III, Sec. 3201(a), July 22, 1998, 112
Stat. 734; amended Pub. L. 105-277, div. J, title IV, Sec.
4002(c)(2), Oct. 21, 1998, 112 Stat. 2681-906; Pub. L. 106-554,
Sec. 1(a)(7) [title III, Sec. 313(a)], Dec. 21, 2000, 114 Stat.
2763, 2763A-640.)
-MISC1-
PRIOR PROVISIONS
A prior section 6015, acts Aug. 16, 1954, ch. 736, 68A Stat. 737;
Sept. 2, 1958, Pub. L. 85-866, title I, Sec. 74, 72 Stat. 1660;
Sept. 14, 1960, Pub. L. 86-779, Sec. 5(a), 74 Stat. 1000; Sept. 25,
1962, Pub. L. 87-682, Sec. 1(a)(1), 76 Stat. 575; Mar. 15, 1966,
Pub. L. 89-368, title I, Sec. 102(a), 80 Stat. 62; Nov. 13, 1966,
Pub. L. 89-809, title I, Sec. 103(j), 80 Stat. 1554; Dec. 30, 1969,
Pub. L. 91-172, title III, Sec. 301(b)(12), title VIII, Sec.
803(d)(7), title IX, Sec. 944(a), 83 Stat. 586, 684, 729; Dec. 10,
1971, Pub. L. 92-178, title II, Sec. 209(a), 85 Stat. 517; Oct. 4,
1976, Pub. L. 94-455, title XIX, Sec. 1906(a)(2), (b)(13)(A), 90
Stat. 1824, 1834; Nov. 6, 1978, Pub. L. 95-600, title IV, Sec.
421(e)(7), 92 Stat. 2876; Aug. 13, 1981, Pub. L. 97-34, title VII,
Sec. 725(a), (c)(2), 95 Stat. 345, 346; Sept. 3, 1982, Pub. L.
97-248, title II, Sec. 201(d)(7), formerly Sec. 201(c)(7), title
III, Secs. 307(a)(6), 308(a), 328(b)(1), 96 Stat. 420, 589, 591,
618, redesignated and amended Jan. 12, 1983, Pub. L. 97-448, title
I, Sec. 107(c)(2), title II, Sec. 201(j)(1), title III, Sec.
306(a)(1)(A)(i), 96 Stat. 2391, 2395, 2400; Aug. 5, 1983, Pub. L.
98-67, title I, Sec. 102(a), 97 Stat. 369, related to declaration
of estimated income tax by individuals, prior to repeal by Pub. L.
98-369, div. A, title IV, Secs. 412(a)(1), 414(a)(1), July 18,
1984, 98 Stat. 792, 793, applicable with respect to taxable years
beginning after Dec. 31, 1984.
AMENDMENTS
2000 - Subsec. (c)(3)(B). Pub. L. 106-554, Sec. 1(a)(7) [title
III, Sec. 313(a)(1)], substituted "may be made at any time after a
deficiency for such year is asserted but" for "shall be made".
Subsec. (e)(1). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.
313(a)(3)(A)], inserted "against whom a deficiency has been
asserted and" after "individual" in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.
313(a)(3)(B)], amended heading and text of subpar. (A) generally.
Prior to amendment, text read as follows: "The individual may
petition the Tax Court (and the Tax Court shall have jurisdiction)
to determine the appropriate relief available to the individual
under this section if such petition is filed during the 90-day
period beginning on the date on which the Secretary mails by
certified or registered mail a notice to such individual of the
Secretary's determination of relief available to the individual.
Notwithstanding the preceding sentence, an individual may file such
petition at any time after the date which is 6 months after the
date such election is filed with the Secretary and before the close
of such 90-day period."
Subsec. (e)(1)(B)(i). Pub. L. 106-554, Sec. 1(a)(7) [title III,
Sec. 313(a)(3)(C)], substituted "until the close of the 90th day
referred to in subparagraph (A)(ii)" for "until the expiration of
the 90-day period described in subparagraph (A)" and inserted
"under subparagraph (A)" after "filed with the Tax Court".
Subsec. (e)(2). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.
313(a)(3)(D)(ii)], amended heading and text of par. (2) generally.
Prior to amendment, text read as follows: "The running of the
period of limitations in section 6502 on the collection of the
assessment to which the petition under paragraph (1)(A) relates
shall be suspended for the period during which the Secretary is
prohibited by paragraph (1)(B) from collecting by levy or a
proceeding in court and for 60 days thereafter."
Subsec. (e)(3). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.
313(a)(2)(B)], amended par. (3) generally, substituting "Limitation
on Tax Court jurisdiction" for "Applicable rules" in heading and
restating provisions relating to limitations on the Tax Court's
jurisdiction and eliminating provisions relating to res judicata
and allowance of credits or refunds in text.
Subsec. (e)(5). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.
313(a)(3)(D)(i)], added par. (5).
Subsecs. (g), (h). Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec.
313(a)(2)(A)], added subsec. (g) and redesignated former subsec.
(g) as (h).
1998 - Subsec. (e)(3)(A). Pub. L. 105-277 substituted "of
subsection (b) or (f)" for "of this section".
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 313(f)], Dec. 21,
2000, 114 Stat. 2763, 2763A-643, provided that: "The amendments
made by subsections (a) and (b) [amending this section and sections
6330, 6331, 7421, and 7463 of this title] shall take effect on the
date of the enactment of this Act [Dec. 21, 2000]. The amendments
made by subsections (c), (d), and (e) [amending sections 6103,
6110, and 6330 of this title] shall take effect as if included in
the provisions of the Internal Revenue Service Restructuring and
Reform Act of 1998 [Pub. L. 105-206] to which they relate."
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 effective as if included in the
provision of the Internal Revenue Service Restructuring and Reform
Act of 1998, Pub. L. 105-206, to which such amendment relates, see
section 4002(k) of Pub. L. 105-277, set out as a note under section
1 of this title.
EFFECTIVE DATE
Pub. L. 105-206, title III, Sec. 3201(g), July 22, 1998, 112
Stat. 740, provided that:
"(1) In general. - Except as provided in paragraph (2), the
amendments made by this section [enacting this section, amending
sections 66, 6013, 6230, and 7421 of this title, and enacting
provisions set out as notes under this section and section 6013 of
this title] shall apply to any liability for tax arising after the
date of the enactment of this Act [July 22, 1998] and any liability
for tax arising on or before such date but remaining unpaid as of
such date.
"(2) 2-year period. - The 2-year period under subsection
(b)(1)(E) or (c)(3)(B) of section 6015 of the Internal Revenue Code
of 1986 shall not expire before the date which is 2 years after the
date of the first collection activity after the date of the
enactment of this Act [July 22, 1998]."
SEPARATE FORM FOR APPLYING FOR SPOUSAL RELIEF
Pub. L. 105-206, title III, Sec. 3201(c), July 22, 1998, 112
Stat. 740, provided that: "Not later than 180 days after the date
of the enactment of this Act [July 22, 1998], the Secretary of the
Treasury shall develop a separate form with instructions for use by
taxpayers in applying for relief under section 6015(a) of the
Internal Revenue Code of 1986, as added by this section."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6230, 7421, 7463 of this
title.
-End-
-CITE-
26 USC Sec. 6016 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
[Sec. 6016. Repealed. Pub. L. 90-364, title I, Sec. 103(a), June
28, 1968, 82 Stat. 260]
-MISC1-
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 738; Feb. 26,
1964, Pub. L. 88-272, title I, Sec. 122(d), 78 Stat. 29, Nov. 13,
1966, Pub. L. 89-809, title I, Sec. 104(l), 80 Stat. 1563, provided
for the declaration of estimated income tax by corporations.
EFFECTIVE DATE OF REPEAL
Repeal effective with respect to taxable years beginning after
Dec. 31, 1967, except as provided by section 104 of Pub. L. 90-364,
see section 103(f) of Pub. L. 90-364, set out as an Effective Date
of 1968 Amendment note under section 243 of this title.
-End-
-CITE-
26 USC Sec. 6017 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
Sec. 6017. Self-employment tax returns
-STATUTE-
Every individual (other than a nonresident alien individual)
having net earnings from self-employment of $400 or more for the
taxable year shall make a return with respect to the
self-employment tax imposed by chapter 2. In the case of a husband
and wife filing a joint return under section 6013, the tax imposed
by chapter 2 shall not be computed on the aggregate income but
shall be the sum of the taxes computed under such chapter on the
separate self-employment income of each spouse.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 739.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1403, 6072 of this title.
-End-
-CITE-
26 USC Sec. 6017A 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart B - Income Tax Returns
-HEAD-
[Sec. 6017A. Repealed. Pub. L. 101-239, title VII, Sec. 7711(b)(1),
Dec. 19, 1989, 103 Stat. 2393]
-MISC1-
Section, added Pub. L. 92-512, title I, Sec. 144(a)(1), Oct. 20,
1972, 86 Stat. 935; amended Pub. L. 94-455, title XIX, Sec.
1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to place of
residence.
EFFECTIVE DATE OF REPEAL
Repeal applicable to returns and statements the due date for
which (determined without regard to extensions) is after Dec. 31,
1989, see section 7711(c) of Pub. L. 101-239, set out as an
Effective Date of 1989 Amendment note under section 6721 of this
title.
-End-
-CITE-
26 USC Subpart C - Estate and Gift Tax Returns 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart C - Estate and Gift Tax Returns
-HEAD-
SUBPART C - ESTATE AND GIFT TAX RETURNS
-MISC1-
Sec.
6018. Estate tax returns.
6019. Gift tax returns.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in section 6011 of this title.
-End-
-CITE-
26 USC Sec. 6018 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart C - Estate and Gift Tax Returns
-HEAD-
Sec. 6018. Estate tax returns
-STATUTE-
(a) Returns by executor
(1) Citizens or residents
In all cases where the gross estate at the death of a citizen
or resident exceeds the applicable exclusion amount in effect
under section 2010(c) for the calendar year which includes the
date of death, the executor shall make a return with respect to
the estate tax imposed by subtitle B.
(2) Nonresidents not citizens of the United States
In the case of the estate of every nonresident not a citizen of
the United States if that part of the gross estate which is
situated in the United States exceeds $60,000, the executor shall
make a return with respect to the estate tax imposed by subtitle
B.
(3) Adjustment for certain gifts
The amount applicable under paragraph (1) and the amount set
forth in paragraph (2) shall each be reduced (but not below zero)
by the sum of -
(A) the amount of the adjusted taxable gifts (within the
meaning of section 2001(b)) made by the decedent after December
31, 1976, plus
(B) the aggregate amount allowed as a specific exemption
under section 2521 (as in effect before its repeal by the Tax
Reform Act of 1976) with respect to gifts made by the decedent
after September 8, 1976.
(b) Returns by beneficiaries
If the executor is unable to make a complete return as to any
part of the gross estate of the decedent, he shall include in his
return a description of such part and the name of every person
holding a legal or beneficial interest therein. Upon notice from
the Secretary such person shall in like manner make a return as to
such part of the gross estate.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 739; Pub. L. 89-809, title I,
Sec. 108(g), Nov. 13, 1966, 80 Stat. 1574; Pub. L. 94-455, title
XIX, Sec. 1906(b)(13)(A), title XX, Sec. 2001(c)(1)(J), Oct. 4,
1976, 90 Stat. 1834, 1852; Pub. L. 97-34, title IV, Sec.
401(a)(2)(B), Aug. 13, 1981, 95 Stat. 299; Pub. L. 98-369, div. A,
title V, Sec. 544(b)(3), July 18, 1984, 98 Stat. 894; Pub. L.
100-647, title I, Sec. 1011A(g)(12), Nov. 10, 1988, 102 Stat. 3482;
Pub. L. 101-239, title VII, Sec. 7304(b)(2)(B), Dec. 19, 1989, 103
Stat. 2353; Pub. L. 101-508, title XI, Sec. 11801(a)(43),
(c)(19)(C), Nov. 5, 1990, 104 Stat. 1388-521, 1388-528; Pub. L.
105-34, title V, Sec. 501(a)(1)(C), title X, Sec. 1073(b)(4), Aug.
5, 1997, 111 Stat. 845, 948; Pub. L. 107-16, title V, Sec.
542(b)(1), June 7, 2001, 115 Stat. 81.)
-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 107-16, title V, Sec. 542(b)(1), (f)(1), title IX, Sec.
901, June 7, 2001, 115 Stat. 81, 86, 150, provided that, applicable
to estates of decedents dying after Dec. 31, 2009, this section is
temporarily amended to read as follows:
Sec. 6018. Returns relating to large transfers at death
(a) In general
If this section applies to property acquired from a decedent, the
executor of the estate of such decedent shall make a return
containing the information specified in subsection (c) with respect
to such property.
(b) Property to which section applies
(1) Large transfers
This section shall apply to all property (other than cash)
acquired from a decedent if the fair market value of such
property acquired from the decedent exceeds the dollar amount
applicable under section 1022(b)(2)(B) (without regard to section
1022(b)(2)(C)).
(2) Transfers of certain gifts received by decedent within 3
years of death
This section shall apply to any appreciated property acquired
from the decedent if -
(A) subsections (b) and (c) of section 1022 do not apply to
such property by reason of section 1022(d)(1)(C), and
(B) such property was required to be included on a return
required to be filed under section 6019.
(3) Nonresidents not citizens of the United States
In the case of a decedent who is a nonresident not a citizen of
the United States, paragraphs (1) and (2) shall be applied -
(A) by taking into account only -
(i) tangible property situated in the United States, and
(ii) other property acquired from the decedent by a United
States person, and
(B) by substituting the dollar amount applicable under
section 1022(b)(3) for the dollar amount referred to in
paragraph (1).
(4) Returns by trustees or beneficiaries
If the executor is unable to make a complete return as to any
property acquired from or passing from the decedent, the executor
shall include in the return a description of such property and
the name of every person holding a legal or beneficial interest
therein. Upon notice from the Secretary, such person shall in
like manner make a return as to such property.
(c) Information required to be furnished
The information specified in this subsection with respect to any
property acquired from the decedent is -
(1) the name and TIN of the recipient of such property,
(2) an accurate description of such property,
(3) the adjusted basis of such property in the hands of the
decedent and its fair market value at the time of death,
(4) the decedent's holding period for such property,
(5) sufficient information to determine whether any gain on the
sale of the property would be treated as ordinary income,
(6) the amount of basis increase allocated to the property
under subsection (b) or (c) of section 1022, and
(7) such other information as the Secretary may by regulations
prescribe.
(d) Property acquired from decedent
For purposes of this section, section 1022 shall apply for
purposes of determining the property acquired from a decedent.
(e) Statements to be furnished to certain persons
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 (other than the person required to make such return) a
written statement showing -
(1) the name, address, and phone number of the person required
to make such return, and
(2) the information specified in subsection (c) with respect to
property acquired from, or passing from, the decedent to the
person required to receive such statement.
The written statement required under the preceding sentence shall
be furnished not later than 30 days after the date that the return
required by subsection (a) is filed.
See Effective and Termination Dates of 2001 Amendment note below.
-REFTEXT-
REFERENCES IN TEXT
The Tax Reform Act of 1976, referred to in subsec. (a)(3)(B), is
Pub. L. 94-455, Oct. 4, 1976, 90 Stat. 1520, as amended. For
complete classification of this Act to the Code, see Tables.
Section 2521 of this title, referred to in subsec. (a)(3)(B), was
repealed by section 2001(b)(3) of Pub. L. 94-455, applicable to
gifts made after Dec. 31, 1976.
-MISC1-
AMENDMENTS
1997 - Subsec. (a)(1). Pub. L. 105-34, Sec. 501(a)(1)(C),
substituted "the applicable exclusion amount in effect under
section 2010(c) for the calendar year which includes the date of
death" for "$600,000".
Subsec. (a)(4). Pub. L. 105-34, Sec. 1073(b)(4), struck out par.
(4) which read as follows:
"(4) Return required if excess retirement accumulation tax. - The
executor shall make a return with respect to the estate tax imposed
by subtitle B in any case where such tax is increased by reason of
section 4980A(d)."
1990 - Subsec. (a)(3) to (5). Pub. L. 101-508 redesignated pars.
(4) and (5) as (3) and (4), respectively, and struck out former
par. (3) which provided for phase-in of estate tax return filing
requirement amount.
1989 - Subsec. (c). Pub. L. 101-239 struck out subsec. (c) which
read as follows:
"Election Under Section 2210. - In all cases in which subsection
(a) requires the filing of a return, if an executor elects the
applications of section 2210 -
"(1) Return by executor. - The return which the executor is
required to file under the provisions of subsection (a) shall be
made with respect to that portion of estate tax imposed by
subtitle B which the executor is required to pay.
"(2) Return by plan administrator. - The plan administrator of
an employee stock ownership plan or the eligible worker-owned
cooperative, as the case may be, shall make a return with respect
to that portion of the tax imposed by section 2001 which such
plan or cooperative is required to pay under section 2210(b)."
1988 - Subsec. (a)(5). Pub. L. 100-647 added par. (5).
1984 - Subsec. (c). Pub. L. 98-369 added subsec. (c).
1981 - Subsec. (a)(1). Pub. L. 97-34, Sec. 401(a)(2)(B)(i),
substituted "$600,000" for "$175,000".
Subsec. (a)(3). Pub. L. 97-34, Sec. 401(a)(2)(B)(ii), set forth
par. (1) substitutions for "$600,000" amount of "$225,000",
"$275,000", "$325,000", "$400,000", and "$500,000" in the case of
decedents dying in 1982, 1983, 1984, 1985, and 1986, respectively,
and struck out par. (1) substitutions for "$175,000" amount of
"$120,000", "$134,000", "$147,000", and "$161,000" in the case of
decedents dying during 1977, 1978, 1979, and 1980, respectively.
1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 2001(c)(1)(J)(i),
substituted "$175,000" for "$60,000".
Subsec. (a)(2). Pub. L. 94-455, Sec. 2001(c)(1)(J)(ii),
substituted "$60,000" for "$30,000".
Subsec. (a)(3), (4). Pub. L. 94-455, Sec. 2001(c)(1)(J)(iii),
added pars. (3) and (4).
Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or
his delegate" after "Secretary".
1966 - Subsec. (a)(2). Pub. L. 89-809 substituted "$30,000" for
"$2,000".
EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT
Amendment by Pub. L. 107-16 applicable to estates of decedents
dying after Dec. 31, 2009, see section 542(f)(1) of Pub. L. 107-16,
set out as a note under section 121 of this title.
Amendment by Pub. L. 107-16 inapplicable to estates of decedents
dying, gifts made, or generation skipping transfers, after Dec. 31,
2010, and the Internal Revenue Code of 1986 to be applied and
administered to such estates, gifts, and transfers as if such
amendment had never been enacted, see section 901 of Pub. L.
107-16, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 501(a)(1)(C) of Pub. L. 105-34 applicable to
estates of decedents dying, and gifts made, after Dec. 31, 1997,
see section 501(f) of Pub. L. 105-34, set out as a note under
section 2001 of this title.
Amendment by section 1073(b)(4) of Pub. L. 105-34 applicable to
estates of decedents dying after Dec. 31, 1996, see section 1073(c)
of Pub. L. 105-34, set out as an Effective Date of Repeal note
under section 4980A of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 applicable to estates of decedents
dying after July 12, 1989, see section 7304(b)(3) of Pub. L.
101-239, set out as a note under section 2002 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable to estates of decedents
which are required to file returns on a date (including any
extensions) after July 18, 1984, see section 544(d) of Pub. L.
98-369, set out as a note under section 2002 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to estates of decedents
dying after Dec. 31, 1981, see section 401(c)(1) of Pub. L. 97-34,
set out as a note under section 2010 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 2001(c)(1)(J) of Pub. L. 94-455 applicable
to estates of decedents dying after Dec. 31, 1976, see section
2001(d)(1) of Pub. L. 94-455, set out as a note under section 2001
of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-809 applicable with respect to estates of
decedents dying after Nov. 13, 1966, see section 108(i) of Pub. L.
89-809, set out as a note under section 2101 of this title.
SAVINGS PROVISION
For provisions that nothing in amendment by Pub. L. 101-508 be
construed to affect treatment of certain transactions occurring,
property acquired, or items of income, loss, deduction, or credit
taken into account prior to Nov. 5, 1990, for purposes of
determining liability for tax for periods ending after Nov. 5,
1990, see section 11821(b) of Pub. L. 101-508, set out as a note
under section 29 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1022, 2011, 2014, 2058,
2106, 2108, 6075, 6091, 6716, 7269 of this title.
-End-
-CITE-
26 USC Sec. 6019 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart C - Estate and Gift Tax Returns
-HEAD-
Sec. 6019. Gift tax returns
-STATUTE-
Any individual who in any calendar year makes any transfer by
gift other than -
(1) a transfer which under subsection (b) or (e) of section
2503 is not to be included in the total amount of gifts for such
year,
(2) a transfer of an interest with respect to which a deduction
is allowed under section 2523, or
(3) a transfer with respect to which a deduction is allowed
under section 2522 but only if -
(A)(i) such transfer is of the donor's entire interest in the
property transferred, and
(ii) no other interest in such property is or has been
transferred (for less than adequate and full consideration in
money or money's worth) from the donor to a person, or for a
use, not described in subsection (a) or (b) of section 2522, or
(B) such transfer is described in section 2522(d),
shall make a return for such year with respect to the gift tax
imposed by subtitle B.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 739; Pub. L. 91-614, title I,
Sec. 102(d)(3), Dec. 31, 1970, 84 Stat. 1841; Pub. L. 97-34, title
IV, Secs. 403(b)(3)(A), (c)(3)(B), 442(d)(2), Aug. 13, 1981, 95
Stat. 301, 302, 322; Pub. L. 105-34, title XIII, Sec. 1301(a), Aug.
5, 1997, 111 Stat. 1039; Pub. L. 107-16, title V, Sec. 542(b)(2),
June 7, 2001, 115 Stat. 82.)
-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 107-16, title V, Sec. 542(b)(2), (f)(1), title IX, Sec.
901, June 7, 2001, 115 Stat. 82, 86, 150, provided that, applicable
to estates of decedents dying after Dec. 31, 2009, this section is
temporarily amended -
(1) by designating existing provisions as subsec. (a) and
inserting heading "In general", and
(2) by adding at the end the following new subsection:
(b) Statements to be furnished to certain persons
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 (other than the person required to make such return) a
written statement showing -
(1) the name, address, and phone number of the person required
to make such return, and
(2) the information specified in such return with respect to
property received by the person required to receive such
statement.
The written statement required under the preceding sentence shall
be furnished not later than 30 days after the date that the return
required by subsection (a) is filed.
See Effective and Termination Dates of 2001 Amendment note below.
-MISC1-
AMENDMENTS
1997 - Par. (3). Pub. L. 105-34 added par. (3).
1981 - Pub. L. 97-34 struck out subsec. "(a) In general"
designation, substituted "calendar year" for "calendar quarter" and
"year" for "quarter" wherever appearing, inserted in provision
designated par. (1) reference to subsec. (e) of section 2503, added
par. (2), and deleted provision respecting transfers by gift other
than qualified charitable transfers, repealed subsec. (b) setting
forth return requirement and definition of qualified charitable
transfer, and repealed subsec. (c) setting forth cross reference to
section 2515(c) relating to tenancy by the entirety.
1970 - Subsec. (a). Pub. L. 91-614 substituted "Any individual
who in any calendar quarter makes any transfers by gift (other than
transfers which under section 2503(b) are not to be included in the
total amount of gifts for such quarter and other than qualified
charitable transfers) shall make a return for such quarter with
respect to the gift tax imposed by subtitle B" for "Any individual
who in any calendar year makes any transfers by gift (except those
which under section 2503(b) are not to be included in the total
amount of gifts for such year) shall make a return with respect to
the gift tax imposed by subtitle B".
Subsecs. (b), (c). Pub. L. 91-614 added subsec. (b) and
redesignated former subsec. (b) as (c).
EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT
Amendment by Pub. L. 107-16 applicable to estates of decedents
dying after Dec. 31, 2009, see section 542(f)(1) of Pub. L. 107-16,
set out as a note under section 121 of this title.
Amendment by Pub. L. 107-16 inapplicable to estates of decedents
dying, gifts made, or generation skipping transfers, after Dec. 31,
2010, and the Internal Revenue Code of 1986 to be applied and
administered to such estates, gifts, and transfers as if such
amendment had never been enacted, see section 901 of Pub. L.
107-16, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1301(b) of Pub. L. 105-34 provided that: "The amendment
made by this section [amending this section] shall apply to gifts
made after the date of the enactment of this Act [Aug. 5, 1997]."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to gifts made after Dec.
31, 1981, see sections 403(e)(2) and 442(e) of Pub. L. 97-34, set
out as a note under sections 2056 and 2501 of this title,
respectively.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-614 applicable with respect to gifts made
after Dec. 31, 1970, see section 102(e) of Pub. L. 91-614, set out
as a note under section 2501 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2035, 2523, 2642, 6018,
6075, 6716 of this title.
-End-
-CITE-
26 USC Subpart D - Miscellaneous Provisions 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart D - Miscellaneous Provisions
-HEAD-
SUBPART D - MISCELLANEOUS PROVISIONS
-MISC1-
Sec.
6020. Returns prepared for or executed by Secretary.
6021. Listing by Secretary of taxable objects owned by
nonresidents of internal revenue districts.
-End-
-CITE-
26 USC Sec. 6020 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart D - Miscellaneous Provisions
-HEAD-
Sec. 6020. Returns prepared for or executed by Secretary
-STATUTE-
(a) Preparation of return by Secretary
If any person shall fail to make a return required by this title
or by regulations prescribed thereunder, but shall consent to
disclose all information necessary for the preparation thereof,
then, and in that case, the Secretary may prepare such return,
which, being signed by such person, may be received by the
Secretary as the return of such person.
(b) Execution of return by Secretary
(1) Authority of Secretary to execute return
If any person fails to make any return required by any internal
revenue law or regulation made thereunder at the time prescribed
therefor, or makes, willfully or otherwise, a false or fraudulent
return, the Secretary shall make such return from his own
knowledge and from such information as he can obtain through
testimony or otherwise.
(2) Status of returns
Any return so made and subscribed by the Secretary shall be
prima facie good and sufficient for all legal purposes.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 740; Pub. L. 90-364, title I,
Sec. 103(e)(3), June 28, 1968, 82 Stat. 264; Pub. L. 94-455, title
XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L.
98-369, div. A, title IV, Sec. 412(b)(4), July 18, 1984, 98 Stat.
792.)
-MISC1-
AMENDMENTS
1984 - Subsec. (b)(1). Pub. L. 98-369 struck out "(other than a
declaration of estimated tax required under section 6015)" after
"make any return".
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
1968 - Subsec. (b)(1). Pub. L. 90-364 struck out reference to
section 6016.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable with respect to taxable
years beginning after Dec. 31, 1984, see section 414(a)(1) of Pub.
L. 98-369, set out as a note under section 6654 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-364 applicable with respect to taxable
years beginning after Dec. 31, 1967, except as provided by section
104 of Pub. L. 90-364, see section 103(f) of Pub. L. 90-364, set
out as a note under section 243 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6229, 6248, 6501, 6651,
6664 of this title.
-End-
-CITE-
26 USC Sec. 6021 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART II - TAX RETURNS OR STATEMENTS
Subpart D - Miscellaneous Provisions
-HEAD-
Sec. 6021. Listing by Secretary of taxable objects owned by
nonresidents of internal revenue districts
-STATUTE-
Whenever there are in any internal revenue district any articles
subject to tax, which are not owned or possessed by or under the
care or control of any person within such district, and of which no
list has been transmitted to the Secretary, as required by law or
by regulations prescribed pursuant to law, the Secretary shall
enter the premises where such articles are situated, shall make
such inspection of the articles as may be necessary and make lists
of the same, according to the forms prescribed. Such lists, being
subscribed by the Secretary, shall be sufficient lists of such
articles for all purposes.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 740; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
-End-
-CITE-
26 USC PART III - INFORMATION RETURNS 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
-HEAD-
PART III - INFORMATION RETURNS
-MISC1-
Subpart
A. Information concerning persons subject to special
provisions.
B. Information concerning transactions with other
persons.
C. Information regarding wages paid employees.
[D. Repealed.]
E. Registration of and information concerning pension,
etc., plans.
F. Information concerning income tax return preparers.
AMENDMENTS
1980 - Pub. L. 96-603, Sec. 1(e)(2), Dec. 28, 1980, 94 Stat.
3505, struck out item relating to subpart D "Information concerning
private foundations".
1976 - Pub. L. 94-455, title XII, Sec. 1203(i)(1), Oct. 4, 1976,
90 Stat. 1694, added subpart F heading.
1974 - Pub. L. 93-406, title II, Sec. 1031(c)(1), Sept. 2, 1974,
88 Stat. 946, added item relating to subpart E.
1969 - Pub. L. 91-172, title I, Sec. 101(j)(64), Dec. 30, 1969,
82 Stat. 533, added item relating to subpart D.
INFORMATION RETURNS IN ELECTRONIC FORMAT
Pub. L. 108-7, div. H, title II, Sec. 211, Feb. 20, 2003, 117
Stat. 384, provided that:
"(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 chapter 61 of
the Internal Revenue Code of 1986 on behalf of a person shall make
the statement available to the person in an electronic format (at
the direction of the person) which will enable the person to
provide the statement electronically to a tax preparer or other
provider of financial services.
"(b) Subsection (a) shall apply with respect to statements
prepared for taxable years ending on or after December 31, 2004."
-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 274, 6103, 6531 of this
title; title 42 section 432.
-End-
-CITE-
26 USC Subpart A - Information Concerning Persons Subject
to Special Provisions 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
SUBPART A - INFORMATION CONCERNING PERSONS SUBJECT TO SPECIAL
PROVISIONS
-MISC1-
Sec.
6031. Return of partnership income.
6032. Returns of banks with respect to common trust funds.
6033. Returns by exempt organizations.
6034. Returns by trusts claiming charitable deductions under
section 642(c).(!1)
6034A. Information to beneficiaries of estates and trusts.
6035. Returns of officers, directors, and shareholders of
foreign personal holding companies.
6036. Notice of qualification as executor or receiver.
6037. Return of S corporation.
6038. Information reporting with respect to certain foreign
corporations and partnerships.
6038A. Information with respect to certain foreign-owned
corporations.
6038B. Notice of certain transfers to foreign persons.
6038C. Information with respect to foreign corporations
engaged in U.S. business.
6039. Information required in connection with certain
options.
[6039A, 6039B. Repealed.]
6039C. Returns with respect to foreign persons holding direct
investments in United States real property interests.
6039D. Returns and records with respect to certain fringe
benefit plans.(!2)
6039D. Returns and records with respect to certain fringe
benefit plans.(!2)
6039E. Information concerning resident status.
6039F. Notice of large gifts received from foreign persons.
6039G. Information on individuals losing United States
citizenship.
6039H. Information with respect to Alaska Native Settlement
Trusts and sponsoring Native Corporations.
6040. Cross references.
-COD-
CODIFICATION
Pub. L. 96-603, Sec. 1(e)(1), Dec. 28, 1980, 94 Stat. 3505, which
directed that item 6034 be amended by substituting "4947(a)(2)" for
"4947(a)", could not be executed because item 6034 does not contain
"4947(a)".
-MISC2-
AMENDMENTS
2001 - Pub. L. 107-16, title VI, Sec. 671(c)(2), June 7, 2001,
115 Stat. 147, added item 6039H.
1997 - Pub. L. 105-34, title XI, Sec. 1142(e)(5), title XVI, Sec.
1602(h)(2), Aug. 5, 1997, 111 Stat. 983, 1096, inserted "reporting"
after "Information" and "and partnerships" after "corporations" in
item 6038, struck out item 6039F "Information on individuals losing
United States citizenship", and added item 6039G.
1996 - Pub. L. 104-191, title V, Sec. 512(b), Aug. 21, 1996, 110
Stat. 2102, added item 6039F "Information on individuals losing
United States citizenship".
Pub. L. 104-188, title I, Sec. 1905(b), Aug. 20, 1996, 110 Stat.
1913, added item 6039F "Notice of large gifts received from foreign
persons".
1990 - Pub. L. 101-508, title XI, Sec. 11315(b)(2), Nov. 5, 1990,
104 Stat. 1388-457, added item 6038C.
1986 - Pub. L. 99-514, title XII, Sec. 1234(a)(2), title XIII,
Sec. 1303(c)(2), Oct. 22, 1986, 100 Stat. 2565, 2658, struck out
item 6039B "Return of general stock ownership corporation", and
added item 6039E.
1984 - Pub. L. 98-612, Sec. 1(b)(4), Oct. 31, 1984, 98 Stat.
3181, added item 6039D "Returns and records with respect to certain
fringe benefit plans".
Pub. L. 98-611, Sec. 1(d)(4), Oct. 31, 1984, 98 Stat. 3178, added
item 6039D "Returns and records with respect to certain fringe
benefit plans".
Pub. L. 98-369, div. A, title I, Secs. 129(b)(2), 131(d)(3),
title VII, Sec. 714(q)(4), July 18, 1984, 98 Stat. 660, 664, 966,
added items 6034A and 6038B, and inserted "foreign persons holding
direct investments in" in item 6039C.
1982 - Pub. L. 97-354, Sec. 5(a)(39)(B), Oct. 19, 1982, 96 Stat.
1696, substituted "S corporation" for "electing small business
corporation" in item 6037.
Pub. L. 97-248, title III, Sec. 339(b), Sept. 3, 1982, 96 Stat.
633, added item 6038A.
1980 - Pub. L. 96-499, title XI, Sec. 1123(c), Dec. 5, 1980, 94
Stat. 2690, added item 6039C.
Pub. L. 96-223, title IV, Sec. 401(a), Apr. 2, 1980, 94 Stat.
299, repealed Pub. L. 94-455, Sec. 2005(a)(3), and the amendment
made thereby. See 1976 Amendment note below.
1978 - Pub. L. 95-600, title VI, Sec. 601(c)(2), Nov. 6, 1978, 92
Stat. 2897, added item 6039B.
1976 - Pub. L. 94-455, title XX, Sec. 2005(e)(3), Oct. 4, 1976,
90 Stat. 1878, which added item 6039A, was repealed by Pub. L.
96-223, Sec. 401(a). See section 401(b), (e) of Pub. L. 96-223, set
out as an Effective Date of 1980 Amendments and Revival of Prior
Law note under section 1023 of this title.
1964 - Pub. L. 88-272, title II, Sec. 221(d)(2), Feb. 26, 1964,
78 Stat. 75, added item 6039 and redesignated former item 6039 as
6040.
1960 - Pub. L. 86-780, Sec. 6(b)(1), Sept. 14, 1960, 74 Stat.
1015, added item 6038 and redesignated former item 6038 as 6039.
1958 - Pub. L. 85-866, title I, Sec. 64(d)(4), Sept. 2, 1958, 72
Stat. 1657, added item 6037 and redesignated former item 6037 as
6038.
-FOOTNOTE-
(!1) Section catchline amended by Pub. L. 91-172 without
corresponding amendment of analysis.
(!2) So in original. Pub. L. 98-611 and Pub. L. 98-612 enacted
identical items designated "6039D". Pub. L. 99-514, Sec.
1879(d)(2), repealed the section 6039D enacted by Pub. L.
98-612 without corresponding amendment of subpart analysis.
-End-
-CITE-
26 USC Sec. 6031 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6031. Return of partnership income
-STATUTE-
(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. In the case of an
electing large partnership (as defined in section 775), such
information shall be furnished on or before the first March 15
following the close of such taxable year.
(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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 741; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248,
title IV, Sec. 403, Sept. 3, 1982, 96 Stat. 669; Pub. L. 99-514,
title XV, Sec. 1501(c)(16), title XVIII, Sec. 1811(b)(1)(A), Oct.
22, 1986, 100 Stat. 2740, 2832; Pub. L. 100-647, title V, Sec.
5074(a), Nov. 10, 1988, 102 Stat. 3682; Pub. L. 105-34, title XI,
Sec. 1141(a), title XII, Sec. 1223(a), Aug. 5, 1997, 111 Stat. 980,
1019.)
-MISC1-
AMENDMENTS
1997 - Subsec. (b). Pub. L. 105-34, Sec. 1223(a), inserted at end
"In the case of an electing large partnership (as defined in
section 775), such information shall be furnished on or before the
first March 15 following the close of such taxable year."
Subsec. (e). Pub. L. 105-34, Sec. 1141(a), added subsec. (e).
1988 - Subsec. (d). Pub. L. 100-647 added subsec. (d).
1986 - Subsec. (b). Pub. L. 99-514, Sec. 1501(c)(16), substituted
"was required to be filed" for "was filed" and "required to be
shown on such return" for "shown on such return".
Pub. L. 99-514, Sec. 1811(b)(1)(A)(i), inserted "or who holds an
interest in such partnership as a nominee for another person" after
"who is a partner".
Subsec. (c). Pub. L. 99-514, Sec. 1811(b)(1)(A)(ii), added
subsec. (c).
1982 - Subsec. (a). Pub. L. 97-248, Sec. 403(b), designated
existing provisions as subsec. (a) and added subsec. heading.
Subsec. (b). Pub. L. 97-248, Sec. 403(a), added subsec. (b).
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary".
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1141(c) of Pub. L. 105-34 provided that: "The amendments
made by this section [amending this section and section 6231 of
this title] shall apply to taxable years beginning after the date
of the enactment of this Act [Aug. 5, 1997]."
Amendment by section 1223(a) of Pub. L. 105-34 applicable to
partnership taxable years beginning after Dec. 31, 1997, see
section 1226 of Pub. L. 105-34, as amended, set out as a note under
section 6011 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 5074(b) of Pub. L. 100-647 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
taxable years beginning after December 31, 1988."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1501(c)(16) of Pub. L. 99-514 applicable to
returns the due date for which (determined without regard to
extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.
99-514, set out as an Effective Date note under section 6721 of
this title.
Section 1811(b)(1)(B) of Pub. L. 99-514 provided that: "The
amendments made by this subsection [amending this section and
section 6050K of this title] shall apply to partnership taxable
years beginning after the date of the enactment of this Act [Oct.
22, 1986]."
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 applicable to partnership taxable
years beginning after Sept. 3, 1982, with provision for the
applicability of the amendment to any partnership taxable year
ending after Sept. 3, 1982, if the partnership, each partner, and
each indirect partner requests such application and the Secretary
of the Treasury or his delegate consents to such application, see
section 407(a)(1), (3) of Pub. L. 97-248, set out as an Effective
Date note under section 6221 of this title.
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 [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
RETURNS REQUIRED FROM ALL PARTNERSHIPS WITH UNITED STATES PARTNERS
Section 404 of Pub. L. 97-248, as amended by Pub. L. 99-514, Sec.
2, Oct. 22, 1986, 100 Stat. 2095, provided that: "Except as
hereafter provided in regulations prescribed by the Secretary of
the Treasury or his delegate, nothing in section 6031 of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall be
treated as excluding any partnership from the filing requirements
of such section for any taxable year if the income tax liability
under subtitle A of such Code of any United States person is
determined in whole or in part by taking into account (directly or
indirectly) partnership items of such partnership for such taxable
year."
SPECIAL RULE FOR CERTAIN INTERNATIONAL SATELLITE PARTNERSHIPS
For provision that this section is not applicable to certain
international satellite partnerships, see section 406 of Pub. L.
97-248, set out as a note under section 6231 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6063, 6072, 6104, 6231,
6698, 6724 of this title.
-End-
-CITE-
26 USC Sec. 6032 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6032. Returns of banks with respect to common trust funds
-STATUTE-
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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 741.)
-End-
-CITE-
26 USC Sec. 6033 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6033. Returns by exempt organizations
-STATUTE-
(a) Organizations required to file
(1) In general
Except as provided in paragraph (2), 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) 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) 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), and
(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,
(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, and
(14) 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)(5)(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
chapter 1 (relating to income taxes).
(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) the information referred to in
paragraphs (11), (12) and (13) of subsection (b) with respect to
such organization.
(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) 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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 741; Pub. L. 85-866, title I,
Sec. 75(b), Sept. 2, 1958, 72 Stat. 1661; Pub. L. 91-172, title I,
Sec. 101(d)(1), (2), (j)(30), (31), Dec. 30, 1969, 83 Stat. 519,
520, 529; Pub. L. 93-406, title II, Sec. 1031(c)(2), Sept. 2, 1974,
88 Stat. 946; Pub. L. 94-455, title XIII, Sec. 1307(a)(4), title
XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1722, 1834; Pub.
L. 96-603, Sec. 1(a), Dec. 28, 1980, 94 Stat. 3503; Pub. L. 99-514,
title XV, Sec. 1501(d)(1)(C), Oct. 22, 1986, 100 Stat. 2740; Pub.
L. 100-203, title X, Sec. 10703(a), Dec. 22, 1987, 101 Stat.
1330-460; Pub. L. 103-66, title XIII, Sec. 13222(c), Aug. 10, 1993,
107 Stat. 480; Pub. L. 104-168, title XIII, Sec. 1312(a), (b), July
30, 1996, 110 Stat. 1479; Pub. L. 104-188, title I, Sec. 1703(g),
Aug. 20, 1996, 110 Stat. 1876; Pub. L. 105-34, title XVI, Sec.
1603(b), Aug. 5, 1997, 111 Stat. 1096; Pub. L. 105-277, div. J,
title I, Sec. 1004(b)(2)(A), Oct. 21, 1998, 112 Stat. 2681-889;
Pub. L. 106-230, Sec. 3(a)(2), July 1, 2000, 114 Stat. 482; Pub. L.
107-276, Sec. 3(c), Nov. 2, 2002, 116 Stat. 1931.)
-STATAMEND-
ADJUSTMENT OF EXCEPTION AMOUNT FOR REPORTING EXCEPTION FOR CERTAIN
EXEMPT ORGANIZATIONS
For adjustment of limitation amount for taxable years beginning
in 2004 for determining applicability of subsection (e)(3) of this
section to certain exempt organizations, see section 3.28 of
Revenue Procedure 2003-85, set out as a note under section 1 of
this title.
-REFTEXT-
REFERENCES IN TEXT
Section 6056 of this title, referred to in subsec. (c)(1), was
repealed by Pub. L. 96-603, Sec. 1(c), Dec. 28, 1980, 94 Stat.
3504.
The Federal Election Campaign Act of 1971, referred to in subsec.
(g)(3)(F), is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended,
which is classified principally to chapter 14 (Sec. 431 et seq.) of
Title 2, The Congress. Section 301 of the Act is classified to
section 431 of Title 2. For complete classification of this Act to
the Code, see Short Title note set out under section 431 of Title 2
and Tables.
-MISC1-
AMENDMENTS
2002 - Subsec. (g). Pub. L. 107-276 reenacted heading without
change and amended text generally. Prior to amendment, text read as
follows: "In the case of a political organization required to file
a return under section 6012(a)(6) -
"(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). Pub. L. 106-230 added subsec. (g) and
redesignated former subsec. (g) as (h).
1998 - Subsec. (c). Pub. L. 105-277 inserted "and" at end of par.
(1), redesignated par. (3) as (2), and struck out former par. (2)
which read as follows: "a copy of the notice required by section
6104(d) (relating to public inspection of private foundations'
annual returns), together with proof of publication thereof, shall
be filed by the foundation together with the annual return under
this section, and".
1997 - Subsec. (b)(10). Pub. L. 105-34, Sec. 1603(b)(1)(A), in
introductory provisions, substituted "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):" for "the respective amounts (if
any) of the taxes paid by the organization during the taxable year
under the following provisions:".
Subsec. (b)(10)(C). Pub. L. 105-34, Sec. 1603(b)(1)(B), inserted
at end "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,".
Subsec. (b)(11). Pub. L. 105-34, Sec. 1603(b)(2), amended par.
(11) generally. Prior to amendment, par. (11) read as follows: "the
respective amounts (if any) of the taxes paid by the organization,
or any disqualified person with respect to such organization,
during the taxable year under section 4958 (relating to taxes on
private excess benefit from certain charitable organizations),".
1996 - Subsec. (b)(10) to (14). Pub. L. 104-168, Sec. 1312(a),
added pars. (10) to (13) and redesignated former par. (10) as (14).
Subsec. (e)(1)(B)(i). Pub. L. 104-188, Sec. 1703(g)(2),
substituted "section 501" for "this subtitle".
Subsec. (e)(1)(B)(iii). Pub. L. 104-188, Sec. 1703(g)(1), added
subcl. (iii).
Subsecs. (f), (g). Pub. L. 104-168, Sec. 1312(b), added subsec.
(f) and redesignated former subsec. (f) as (g).
1993 - Subsecs. (e), (f). Pub. L. 103-66 added subsec. (e) and
redesignated former subsec. (e) as (f).
1987 - Subsec. (b)(9), (10). Pub. L. 100-203 added pars. (9) and
(10).
1986 - Subsec. (e). Pub. L. 99-514 substituted "section 6652(c)"
for "section 6652(d)".
1980 - Subsecs. (c) to (e). Pub. L. 96-603 added subsecs. (c) and
(d) and redesignated former subsec. (c) as (e).
1976 - Subsec. (a)(1), (2). Pub. L. 94-455, Sec. 1906(b)(13)(A),
struck out "or his delegate" after "Secretary" wherever appearing.
Subsec. (b). Pub. L. 94-455, Secs. 1307(a)(4), 1906(b)(13)(A),
struck out in provisions preceding par. (1) "or his delegate" after
"Secretary" and added par. (8) and sentence at end.
1974 - Subsec. (c). Pub. L. 93-406 inserted reference to section
6058 covering provisions relating to information required in
connection with certain plans of deferred compensation.
1969 - Subsec. (a). Pub. L. 91-172, Sec. 101(d)(1), added
churches, their integrated auxiliaries, conventions or associations
of churches, religious activities of religious orders, and
organizations that normally have gross yearly receipts of not more
than $5,000, to list of exempt organizations that were excepted
from filing information returns, gave the Secretary or his delegate
discretion to so except any such organization, and shortened list
of educational organizations so excepted.
Subsec. (b)(3). Pub. L. 91-172, Sec. 101(d)(2)(A), struck out
"out of income" after "its disbursements".
Subsec. (b)(4). Pub. L. 91-172, Sec. 101(d)(2)(B), (j)(30),
redesignated par. (7) as (4) and struck out "and" at end. Former
par. (4), making accumulation of income within year as an item of
information to be furnished, was struck out.
Subsec. (b)(5). Pub. L. 91-172, Sec. 101(d)(2)(B), (C),
substituted total of contributions and gifts received during year
and contributors' names and addresses for aggregate accumulation of
income at beginning of year as item of information to be furnished.
Subsec. (b)(6). Pub. L. 91-172, Sec. 101(d)(2)(B), (C),
substituted names and addresses of foundation managers for
disbursements out of principal in current and prior years as item
of information to be furnished.
Subsec. (b)(7). Pub. L. 91-172, Sec. 101(d)(2)(B), (C), added
par. (7) and redesignated former par. (7) as (4).
Subsec. (b)(8). Pub. L. 91-172, Sec. 101(d)(2)(B), struck out
par. (8) which made total of contributions and gifts received
during year as item of information to be furnished.
Subsec. (c). Pub. L. 91-172, Sec. 101(j)(31), inserted cross
references to section 6043(b) and 6652(d).
1958 - Subsec. (b)(8). Pub. L. 85-866 added par. (8).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-276 effective as if included in the
amendments made by Pub. L. 106-230, see section 3(d) of Pub. L.
107-276, set out as a note under section 6012 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-230 applicable to returns for taxable
years beginning after June 30, 2000, see section 3(d) of Pub. L.
106-230, set out as a note under section 6012 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 applicable to requests made after
the later of Dec. 31, 1998, or the 60th day after the Secretary of
the Treasury first issues the regulations referred to in section
6104(d)(4) of this title, see section 1004(b)(3) of Pub. L.
105-277, set out as a note under section 6104 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-34 effective as if included in the
provisions of the Taxpayer Bill of Rights 2, Pub. L. 104-168, to
which such amendment relates, see section 1603(c) of Pub. L.
105-34, set out as a note under section 4962 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by Pub. L. 104-188 effective as if included in the
provision of the Revenue Reconciliation Act of 1993, Pub. L.
103-66, Secs. 13001-13444, to which such amendment relates, see
section 1703(o) of Pub. L. 104-188, set out as a note under section
39 of this title.
Section 1312(c) of Pub. L. 104-168 provided that: "The amendments
made by this section [amending this section] shall apply to returns
for taxable years beginning after the date of the enactment of this
Act [July 30, 1996]."
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-66 applicable to amounts paid or
incurred after Dec. 31, 1993, see section 13222(e) of Pub. L.
103-66, set out as a note under section 162 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 10703(b) of Pub. L. 100-203 provided that: "The
amendments made by subsection (a) [amending this section] shall
apply to returns for years beginning after December 31, 1987."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to returns the due date
for which (determined without regard to extensions) is after Dec.
31, 1986, see section 1501(e) of Pub. L. 99-514, set out as an
Effective Date note under section 6721 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 1(f) of Pub. L. 96-603 provided that: "The amendments
made by this section [amending this section and sections 6034,
6104, 6652, 6685, and 7207 of this title and repealing section 6056
of this title] shall apply to taxable years beginning after
December 31, 1980."
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1307(a)(4) of Pub. L. 94-455 effective on or
after Oct. 4, 1976, see section 1307(e)(6) of Pub. L. 94-455, set
out as a note under section 501 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-406 effective Sept. 2, 1974, see section
1034 of Pub. L. 93-406, set out as an Effective Date note under
section 6057 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable to taxable years beginning
after Dec. 31, 1969, see section 101(k)(2)(B) of Pub. L. 91-172,
set out as a note under section 4940 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-866 applicable to taxable years ending on
or after Dec. 31, 1958, see section 75(c) of Pub. L. 85-866, set
out as a note under section 6104 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 162, 170, 527, 6104,
6501, 6652 of this title; title 2 sections 1602, 1610; title 42
section 9907.
-End-
-CITE-
26 USC Sec. 6034 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6034. Returns by trusts described in section 4947(a)(2) or
claiming charitable deductions under section 642(c)
-STATUTE-
(a) General rule
Every trust described in section 4947(a)(2) or claiming a
charitable, etc., 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 -
(1) the amount of the charitable, etc., deduction taken under
section 642(c) within such year,
(2) the amount paid out within such year which represents
amounts for which charitable, etc., deductions under section
642(c) have been taken in prior years,
(3) the amount for which charitable, etc., deductions have been
taken in prior years but which has not been paid out at the
beginning of such year,
(4) the amount paid out of principal in the current and prior
years for charitable, etc., purposes,
(5) the total income of the trust within such year and the
expenses attributable thereto, and
(6) a balance sheet showing the assets, liabilities, and net
worth of the trust as of the beginning of such year.
(b) Exceptions
This section shall not apply in the case of a taxable year if 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. This section shall not apply in the
case of a trust described in section 4947(a)(1).
(c) Cross reference
For provisions relating to penalties for failure to file a
return required by this section, see section 6652(c).
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 742; Pub. L. 91-172, title I,
Sec. 101(j)(32)-(34), Dec. 30, 1969, 83 Stat. 529; Pub. L. 94-455,
title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub.
L. 96-603, Sec. 1(d)(1), Dec. 28, 1980, 94 Stat. 3504; Pub. L.
99-514, title XV, Sec. 1501(d)(1)(C), Oct. 22, 1986, 100 Stat.
2740.)
-MISC1-
AMENDMENTS
1986 - Subsec. (c). Pub. L. 99-514 substituted "section 6652(c)"
for "section 6652(d)".
1980 - Pub. L. 96-603, Sec. 1(d)(1)(D), substituted "section
4947(a)(2)" for "section 4947(a)" in section catchline.
Subsec. (a). Pub. L. 96-603, Sec. 1(d)(1)(A), substituted
"section 4947(a)(2)" for "section 4947(a)".
Subsec. (b). Pub. L. 96-603, Sec. 1(d)(1)(B), (C), substituted in
heading "Exceptions" for "Exception" and in text inserted provision
that this section not apply in the case of a trust described in
section 4947(a)(1).
1976 - Subsec. (a). Pub. L. 94-455 struck out "or his delegate"
after "Secretary".
1969 - Subsec. (a). Pub. L. 91-172, Sec. 101(j)(32), (33),
inserted, in section catchline and in subsec. (a), reference to
trusts described in section 4947(a), and, in par. (1), struck out
provisions requiring the separate showing of the amount of
deduction paid out, and the amount permanently set aside for
charitable, etc., purposes.
Subsec. (c). Pub. L. 91-172, Sec. 101(j)(34), added subsec. (c).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to returns the due date
for which (determined without regard to extensions) is after Dec.
31, 1986, see section 1501(e) of Pub. L. 99-514, set out as an
Effective Date note under section 6721 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-603 applicable to taxable years beginning
after Dec. 31, 1980, see section 1(f) of Pub. L. 96-603, set out as
a note under section 6033 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable to taxable years beginning
after Dec. 31, 1969, see section 101(k)(2)(B) of Pub. L. 91-172,
set out as an Effective Date note under section 4940 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6104, 6652 of this title.
-End-
-CITE-
26 USC Sec. 6034A 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6034A. Information to beneficiaries of estates and trusts
-STATUTE-
(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 chapter 68.
-SOURCE-
(Added Pub. L. 98-369, div. A, title VII, Sec. 714(q)(1), July 18,
1984, 98 Stat. 965; amended Pub. L. 99-514, title XV, Sec.
1501(c)(15), title XVIII, Sec. 1875(d)(3)(A), Oct. 22, 1986, 100
Stat. 2740, 2896; Pub. L. 105-34, title X, Sec. 1027(a), Aug. 5,
1997, 111 Stat. 925.)
-MISC1-
AMENDMENTS
1997 - Subsec. (c). Pub. L. 105-34 added subsec. (c).
1986 - Subsec. (a). Pub. L. 99-514, Sec. 1501(c)(15), in
introductory provisions, substituted "required to file a return"
for "making the return required to be filed" and "was required to
be filed" for "was filed", and in concluding provisions,
substituted "required to be shown on such return" for "shown on
such return".
Pub. L. 99-514, Sec. 1875(d)(3)(A)(i), (ii), designated existing
provisions as subsec. (a), inserted heading "General rule", and
substituted "each beneficiary (or nominee thereof)" for "each
beneficiary" in text.
Subsec. (b). Pub. L. 99-514, Sec. 1875(d)(3)(A)(iii), added
subsec. (b).
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1027(c) of Pub. L. 105-34 provided that: "The amendments
made by this section [amending this section and section 6048 of
this title] shall apply to returns of beneficiaries and owners
filed after the date of the enactment of this Act [Aug. 5, 1997]."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1501(c)(15) of Pub. L. 99-514 applicable to
returns the due date for which (determined without regard to
extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.
99-514, set out as an Effective Date note under section 6721 of
this title.
Section 1875(d)(3)(B) of Pub. L. 99-514 provided that: "The
amendments made by this paragraph [amending this section] shall
apply to taxable years of estates and trusts beginning after the
date of the enactment of this Act [Oct. 22, 1986]."
EFFECTIVE DATE
Section 714(q)(5) of Pub. L. 98-369 provided that: "The
amendments made by this subsection [enacting this section and
amending sections 6037 and 6678 of this title] shall apply to
taxable years beginning after December 31, 1984."
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 [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6039H, 6048, 6724 of this
title.
-End-
-CITE-
26 USC Sec. 6035 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6035. Returns of officers, directors, and shareholders of
foreign personal holding companies
-STATUTE-
(a) General rule
Each United States citizen or resident who is an officer,
director, or 10-percent shareholder of a corporation which was a
foreign personal holding company (as defined in section 552) for
any taxable year shall file a return with respect to such taxable
year setting forth -
(1) the shareholder information required by subsection (b),
(2) the income information required by subsection (c), and
(3) such other information with respect to such corporation as
the Secretary shall by forms or regulations prescribe as
necessary for carrying out the purposes of this title.
(b) Shareholder information
The shareholder information required by this subsection with
respect to any taxable year shall be -
(1) the name and address of each person who at any time during
such taxable year held any share in the corporation,
(2) a description of each class of shares and the total number
of shares of such class outstanding at the close of the taxable
year,
(3) the number of shares of each class held by each person, and
(4) any changes in the holdings of shares during the taxable
year.
For purposes of paragraphs (1), (3), and (4), the term "share"
includes any security convertible into a share in the corporation
and any option granted by the corporation with respect to any share
in the corporation.
(c) Income information
The income information required by this subsection for any
taxable year shall be the gross income, deductions, credits,
taxable income, and undistributed foreign personal holding company
income of the corporation for the taxable year.
(d) Time and manner for furnishing information
The information required under subsection (a) shall be furnished
at such time and in such manner as the Secretary shall by forms and
regulations prescribe.
(e) Definition and special rules
(1) 10-percent shareholder
For purposes of this section, the term "10-percent shareholder"
means any individual who owns directly or indirectly (within the
meaning of section 554) 10 percent or more in value of the
outstanding stock of a foreign corporation.
(2) Time for making determinations
(A) In general
Except as provided in subparagraph (B), the determination of
whether any person is an officer, director, or 10-percent
shareholder with respect to any foreign corporation shall be
made as of the date on which the return is required to be
filed.
(B) Special rule
If after the application of subparagraph (A) no person is
required to file a return under subsection (a) with respect to
any foreign corporation for any taxable year, the determination
of whether any person is an officer, director, or 10-percent
shareholder with respect to such foreign corporation shall be
made on the last day of such taxable year on which there was
such a person who was a United States citizen or resident.
(3) 2 or more persons required to furnish information with
respect to same foreign corporation
If, but for this paragraph, 2 or more persons would be required
to furnish information under subsection (a) with respect to the
same foreign corporation for the same taxable year, the Secretary
may by regulations provide that such information shall be
required only from 1 person.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 743; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248,
title III, Sec. 340(a), Sept. 3, 1982, 96 Stat. 633.)
-MISC1-
AMENDMENTS
1982 - Subsec. (a). Pub. L. 97-248 substituted provisions
requiring that each United States citizen or resident who is an
officer, director, or 10-percent shareholder of a foreign personal
holding company file an annual return on such company for
provisions which required that, on the 15th day of each month each
officer or director of a foreign corporation which, with respect to
its taxable year preceding the taxable year in which such month
occurred, was a foreign personal holding company make a return
setting forth with respect to the preceding calendar month the name
and address of each shareholder, etc., and such other information
with respect to the stock and securities of the corporation as the
Secretary prescribed as necessary for carrying out the provisions
of this title, and that, on the 60th day after the close of the
taxable year of a foreign personal holding company, each officer or
director of the corporation make a return setting forth (A) in
complete detail the gross income, deductions and credits, taxable
income, and undistributed foreign personal holding company income
of such foreign personal holding company for such taxable year; and
(B) the same information with respect to such taxable year as was
required in paragraph (1), except that if all the required returns
with respect to such year had been filed under paragraph (1), no
information under this subparagraph had to be set forth in the
return filed under this paragraph.
Subsec. (b). Pub. L. 97-248 substituted provisions governing the
contents of annual shareholder information required of foreign
personal holding companies for provisions which required that, on
the 15th day of each month each United States shareholder, by or
for whom 50 percent or more in value of the outstanding stock of a
foreign corporation was owned directly or indirectly (including, in
the case of an individual, stock owned by the members of his family
as defined in section 544(a)(2)), if such foreign corporation with
respect to its taxable year preceding the taxable year in which
such month occurred was a foreign personal holding company, make a
return setting forth with respect to the preceding calendar month
the name and address of each shareholder, etc., and other
information with respect to the stock and securities of the
corporation as the Secretary prescribed as necessary for carrying
out the provisions of this title, and that, on the 60th day after
the close of the taxable year of a foreign personal holding company
each United States shareholder by or for whom on such 60th day 50
percent or more in value of the outstanding stock of such company
was owned directly or indirectly (including, in the case of an
individual, stock owned by members of his family as defined in
section 544(a)(2)) make a return setting forth the same information
with respect to such taxable year as was required in paragraph (1),
except that, if all the required returns with respect to such year
had been made under paragraph (1), no return was required under
this paragraph.
Subsecs. (c) to (e). Pub. L. 97-248 added subsecs. (c) to (e).
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 340(c) of Pub. L. 97-248 provided that: "The amendment
made by this section [amending this section and section 6679 of
this title] shall apply to taxable years of foreign corporations
beginning after the date of the enactment of this Act [Sept. 3,
1982]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 558, 6679 of this title.
-End-
-CITE-
26 USC Sec. 6036 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6036. Notice of qualification as executor or receiver
-STATUTE-
Every receiver, trustee in a case under title 11 of the United
States Code, assignee for benefit of creditors, or other like
fiduciary, and every executor (as defined in section 2203), shall
give notice of his qualification as such to the Secretary in such
manner and at such time as may be required by regulations of the
Secretary. The Secretary may be regulation provide such exemptions
from the requirements of this section as the Secretary deems
proper.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 744; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96-589,
Sec. 6(i)(6), Dec. 24, 1980, 94 Stat. 3410.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-589 substituted "trustee in a case under title
11 of the United States Code" for "trustee in bankruptcy".
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-589 effective Oct. 1, 1979, but not
applicable to proceedings under Title 11, Bankruptcy, commenced
before Oct. 1, 1979, see section 7(e) of Pub. L. 96-589, set out as
a note under section 108 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6872, 7269 of this title.
-End-
-CITE-
26 USC Sec. 6037 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6037. Return of S corporation
-STATUTE-
(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
chapter 1, as the Secretary may by forms and regulations prescribe.
Any return filed pursuant to this section shall, for purposes of
chapter 66 (relating to limitations), be treated as a return filed
by the corporation under section 6012.
(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 chapter 68.
-SOURCE-
(Added Pub. L. 85-866, title I, Sec. 64(c), Sept. 2, 1958, 72 Stat.
1656; amended Pub. L. 94-455, title XIX, Sec. 1906(a)(3),
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L. 97-354, Sec.
5(a)(39)(A), Oct. 19, 1982, 96 Stat. 1696; Pub. L. 98-369, div. A,
title VII, Sec. 714(q)(2), July 18, 1984, 98 Stat. 965; Pub. L.
104-188, title I, Sec. 1307(c)(2), Aug. 20, 1996, 110 Stat. 1781.)
-MISC1-
PRIOR PROVISIONS
A prior section 6037 was renumbered section 6040 of this title.
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-188 added subsec. (c).
1984 - Pub. L. 98-369 designated existing provisions as subsec.
(a) and added subsec. (a) heading and subsec. (b).
1982 - Pub. L. 97-354 substituted "S corporation" for "electing
small business corporation" in section catchline, substituted
"Every S corporation" for "Every electing small business
corporation (as defined in section 1371(b))", and substituted "each
shareholder's pro rata share of each item of the corporation for
the taxable year, and such other information" for "and such other
information".
1976 - Pub. L. 94-455 substituted "section 1371(b)" for "section
1371(a)(2)" and struck out "or his delegate" after "Secretary".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-188 applicable to taxable years
beginning after Dec. 31, 1996, see section 1317(a) of Pub. L.
104-188, set out as a note under section 641 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable to taxable years beginning
after Dec. 31, 1984, see section 714(q)(5) of Pub. L. 98-369, set
out as an Effective Date note under section 6034A of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-354 applicable to taxable years beginning
after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as
an Effective Date note under section 1361 of this title.
EFFECTIVE DATE
Section applicable only with respect to taxable years beginning
after Dec. 31, 1957, see section 64(e) of Pub. L. 85-866, set out
as an Effective Date of 1958 Amendment note under section 172 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6724 of this title.
-End-
-CITE-
26 USC Sec. 6038 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6038. Information reporting with respect to certain foreign
corporations and partnerships
-STATUTE-
(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));
(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 chapter 1, the Secretary may require any United
States person treated as a United States shareholder of such
corporation for any purpose under subpart F to furnish the
information required under paragraph (1).
(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 sections 902 (relating to
foreign tax credit for corporate stockholder in foreign
corporation) and 960 (relating to special rules for foreign tax
credit) 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.
(C) In applying subsections (a) and (b) of section 902, and in
applying subsection (a) of section 960, the reduction provided by
this subsection shall not apply for purposes of determining the
amount of post-1986 undistributed earnings.
(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).
-SOURCE-
(Added Pub. L. 86-780, Sec. 6(a), Sept. 14, 1960, 74 Stat. 1014;
amended Pub. L. 87-834, Sec. 20(a), Oct. 16, 1962, 76 Stat. 1059;
Pub. L. 88-554, Sec. 4(b)(6), Aug. 31, 1964, 78 Stat. 764; Pub. L.
94-455, title X, Sec. 1031(b)(5), title XIX, Sec. 1906(b)(13)(A),
Oct. 4, 1976, 90 Stat. 1623, 1834; Pub. L. 97-248, title III, Sec.
338(a)-(c), Sept. 3, 1982, 96 Stat. 631; Pub. L. 99-514, title XII,
Secs. 1202(c), 1245(b)(5), Oct. 22, 1986, 100 Stat. 2530, 2581;
Pub. L. 101-239, title VII, Sec. 7712(a), Dec. 19, 1989, 103 Stat.
2393; Pub. L. 101-508, title XI, Sec. 11701(f), Nov. 5, 1990, 104
Stat. 1388-508; Pub. L. 104-188, title I, Sec. 1704(f)(5)(A),
(t)(40), (46), Aug. 20, 1996, 110 Stat. 1880, 1889; Pub. L. 105-34,
title XI, Sec. 1142(a)-(e)(2), Aug. 5, 1997, 111 Stat. 981-983;
Pub. L. 105-206, title VI, Sec. 6011(f), July 22, 1998, 112 Stat.
818.)
-MISC1-
PRIOR PROVISIONS
A prior section 6038 was renumbered section 6040 of this title.
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-206, Sec. 6011(f)(1), struck
out "by regulations" before "prescribe".
Subsec. (a)(3). Pub. L. 105-206, Sec. 6011(f)(2), substituted
"the Secretary has prescribed the furnishing of such information on
or before the first day of such annual accounting period." for
"such information was required to be furnished under regulations in
effect on the first day of such annual accounting period."
Subsec. (e)(4). Pub. L. 105-206, Sec. 6011(f)(3), substituted
"such foreign business entity" for "such corporation" in two
places.
1997 - Pub. L. 105-34, Sec. 1142(a), inserted "reporting" after
"Information" and "and partnerships" after "corporations" in
section catchline.
Subsec. (a). Pub. L. 105-34, Sec. 1142(a), reenacted heading
without change.
Subsec. (a)(1). Pub. L. 105-34, Sec. 1142(a), reenacted heading
without change and amended text generally. Prior to amendment, par.
(1) consisted of subpars. (A) to (E) relating to general
requirements of information with respect to foreign corporations.
Subsec. (a)(2), (3). Pub. L. 105-34, Sec. 1142(e)(1)(A),
substituted "foreign business entity" for "foreign corporation" in
pars. (2) and (3).
Subsec. (a)(5). Pub. L. 105-34, Sec. 1142(d), added par. (5).
Subsec. (b). Pub. L. 105-34, Sec. 1142(c), (e)(1)(B), substituted
"foreign business entity" for "foreign corporation" in par. (1),
substituted "$10,000" for "$1,000" in pars. (1) and (2), and
substituted "$50,000" for "$24,000" in par. (2).
Subsec. (c)(1). Pub. L. 105-34, Sec. 1142(e)(1)(C), (2),
substituted "foreign business entity" for "foreign corporation" in
introductory provisions and inserted "in the case of a foreign
business entity which is a foreign corporation," after "(B)" in
subpar. (B).
Subsec. (c)(2). Pub. L. 105-34, Sec. 1142(e)(1)(C), substituted
"foreign business entity" for "foreign corporation" in introductory
provisions and in subpar. (B).
Subsec. (d). Pub. L. 105-34, Sec. 1142(e)(1)(D), substituted
"foreign business entity" for "foreign corporation".
Subsec. (e). Pub. L. 105-34, Sec. 1142(b), added pars. (1) and
(3), redesignated former pars. (1) and (2) as (2) and (4),
respectively, inserted "of corporation" after "Control" in par. (2)
heading, and substituted "foreign business entity" for "foreign
corporation" in two places in par. (4).
1996 - Subsec. (a)(1)(E), (F). Pub. L. 104-188, Sec.
1704(f)(5)(A), substituted period for ", and" at end of subpar. (E)
and struck out subpar. (F) which read as follows: "such information
as the Secretary may require for purposes of carrying out the
provisions of section 453C."
Subsec. (e). Pub. L. 104-188, Sec. 1704(t)(40), redesignated
subsec. (e), relating to cross references, as (f).
Subsec. (e)(2). Pub. L. 104-188, Sec. 1704(t)(46), made technical
amendment to directory language of Pub. L. 101-508. See 1990
Amendment note below.
Subsec. (f). Pub. L. 104-188, Sec. 1704(t)(40), redesignated
subsec. (e), relating to cross references, as (f).
1990 - Subsec. (e)(2). Pub. L. 101-508, as amended by Pub. L.
104-188, Sec. 1704(t)(46), in subsec. (e) relating to definitions,
inserted at end of par. (2) "In the case of a specified foreign
corporation (as defined in section 898), the taxable year of such
corporation shall be treated as its annual accounting period."
1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 7712(a)(2), inserted
before period at end "or which the Secretary determines to be
appropriate to carry out the provisions of this title."
Subsec. (a)(4). Pub. L. 101-239, Sec. 7712(a)(1), added par. (4).
1986 - Subsec. (a)(1)(B). Pub. L. 99-514, Sec. 1202(c)(1),
amended subpar. (B) generally. Prior to amendment, subpar. (B) read
as follows: "the accumulated profits (as defined in section 902(c))
of such foreign corporation, including the items of income (whether
or not included in gross income under chapter 1), deductions
(whether or not allowed in computing taxable income under chapter
1), and any other items taken into account in computing such
accumulated profits;".
Subsec. (a)(1)(F). Pub. L. 99-514, Sec. 1245(b)(5), added subpar.
(F).
Subsec. (c)(4)(C). Pub. L. 99-514, Sec. 1202(c)(2), substituted
"post-1986 undistributed earnings" for "accumulated profits in
excess of income, war profits, and excess profits taxes".
1982 - Subsec. (a)(1). Pub. L. 97-248, Sec. 338(c)(2),
substituted "subsection (e)(1)" for "subsection (d)(1)".
Subsec. (b). Pub. L. 97-248, Sec. 338(a), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 97-248, Sec. 338(a), (b), (c)(1), (3),
redesignated former subsec. (b) as (c), substituted "Penalty of
reducing foreign tax credit" for "Effect of failure to furnish
information" in heading, inserted "of such failure" after "90 days
or more after notice" in par. (1), added par. (3), redesignated
former par. (3) as (4), and in par. (4) inserted reference to
subsection (b) in subpar. (B). Former subsec. (c) redesignated (d).
Subsecs. (d), (e). Pub. L. 97-248, Sec. 338(a), redesignated
former subsec. (c) as (d). Former subsec. (d), relating to
definitions, redesignated (e).
1976 - Subsecs. (a), (b). Pub. L. 94-455, Sec. 1906(b)(13)(A),
struck out "or his delegate" after "Secretary" wherever appearing.
Subsec. (b)(1). Pub. L. 94-455, Sec. 1031(b)(5), substituted in
subpar. (A) "section 904(c)" for "section 904(d)".
Subsec. (c). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or
his delegate" after "Secretary".
1964 - Subsec. (d)(1). Pub. L. 88-554 substituted "subparagraphs
(A), (B), and (C) of section 318(a)(3)" for "the second sentence of
subparagraphs (A) and (B), and clause (ii) of subparagraph (C), of
section 318(a)(2)" in subpar. (A), and deleted "clause (i) of"
after "in applying" in subpar. (B).
1962 - Subsec. (a)(1). Pub. L. 87-834, among other changes,
substituted in introductory provisions "Every United States person
shall furnish" for "A domestic corporation shall furnish", in
subpar. (D)(i) "such person" for "any foreign corporation
controlled by the domestic corporation", in subpar. (D)(ii) "any
other corporation which such person controls" for "any foreign
subsidiary of a foreign corporation controlled by the domestic
corporation", in subpar. (D)(iii) "any United States person owning,
at the time the transaction takes place, 10 percent or more of the
value of any class of stock outstanding of such foreign
corporation" for "the domestic corporation or any shareholder of
the domestic corporation owning at the time the transaction takes
place 10 percent or more of the value of any class of stock
outstanding of the domestic corporation", and in subpar. (E) "each
United States person who is a shareholder" for "each citizen or
resident of the United States and each domestic corporation who is
a shareholder", and struck out provisions throughout the subsection
which related to foreign subsidiaries.
Subsec. (a)(2). Pub. L. 87-834 substituted provisions requiring
the information to be furnished for the annual accounting period
ending with or within the United States person's taxable year for
provisions which required such information to be furnished for the
annual accounting period ending with or within the domestic
corporation's taxable year, and struck out provisions which related
to the furnishing of information in the case of foreign
subsidiaries.
Subsec. (a)(3). Pub. L. 87-834 struck out provisions which
related to foreign subsidiaries.
Subsec. (b). Pub. L. 87-834, among other changes, substituted "If
a United States person fails to furnish" for "If a domestic
corporation fails to furnish" in the opening provisions, inserted
provisions relating to reduction of taxes in applying sections 901
and 960 of this title, to the maximum amount of reduction under
par. (1) for each failure to furnish information with respect to a
foreign corporation required under subsec. (a)(1), and making the
reduction provided by subsec. (b) inapplicable, in applying
subsecs. (a) and (b) of section 902 and subsec. (a) of section 960,
for purposes of determining the amount of accumulated profits in
excess of income, war profits, and excess profits taxes, and
eliminated provisions which related to the furnishing of
information with respect to foreign subsidiaries.
Subsec. (c). Pub. L. 87-834 substituted provisions empowering the
Secretary to provide for the furnishing of information by only one
person where two or more persons would be required to furnish
information under subsec. (a) with respect to the same foreign
corporation for the same period for provisions which required a
domestic corporation if at any time during its taxable year owned
more than 50 percent of the voting stock of a foreign corporation
to be deemed to be in control of such foreign corporation, and in
the case of a foreign corporation if at any time during its annual
accounting period owned more than 50 percent of the voting stock of
another foreign corporation, that such other corporation shall be
considered a foreign subsidiary of the corporation owning such
stock. The provisions relating to control are now contained in
subsec. (d) of this section.
Subsec. (d). Pub. L. 87-834 added par. (1) which was formerly
covered in part by subsec. (c) of this section, designated existing
provisions as par. (2), and eliminated from par. (2) provisions
which related to the annual accounting period of a foreign
subsidiary.
Subsec. (e). Pub. L. 87-834 designated existing provisions as
par. (1) and added par. (2).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-206 effective, except as otherwise
provided, as if included in the provisions of the Taxpayer Relief
Act of 1997, Pub. L. 105-34, to which such amendment relates, see
section 6024 of Pub. L. 105-206, set out as a note under section 1
of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-34 applicable to annual accounting
periods beginning after Aug. 5, 1997, see section 1142(f) of Pub.
L. 105-34, set out as a note under section 318 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-508 effective, except as otherwise
provided, as if included in the provision of the Revenue
Reconciliation Act of 1989, Pub. L. 101-239, title VII, to which
such amendment relates, see section 11701(n) of Pub. L. 101-508,
set out as a note under section 42 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 7712(b) of Pub. L. 101-239 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
returns and statements the due date for which (determined without
regard to extensions) is after December 31, 1989."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1202(c) of Pub. L. 99-514 applicable to
distributions by foreign corporations out of, and to inclusions
under section 951(a) of this title attributable to, earnings and
profits for taxable years beginning after Dec. 31, 1986, see
section 1202(e) of Pub. L. 99-514, set out as a note under section
902 of this title.
Amendment by section 1245(b)(5) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1986, see section 1245(c) of
Pub. L. 99-514, set out as a note under section 6038A of this
title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 338(d) of Pub. L. 97-248 provided that: "The amendments
made by this section [amending this section] shall apply with
respect to information for annual accounting periods ending after
the date of the enactment of this Act [Sept. 3, 1982]."
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-554 effective Aug. 31, 1964, except that
for purposes of sections 302 and 304 of this title, such amendments
shall not apply to distributions in payment for stock acquisitions
or redemptions, if such acquisitions or redemptions occurred before
Aug. 31, 1964, see section 4(c) of Pub. L. 88-554, set out as a
note under section 318 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Section 20(e)(1) of Pub. L. 87-834 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to annual accounting periods of foreign corporations
beginning after December 31, 1962."
EFFECTIVE DATE
Section 6(c) of Pub. L. 86-780, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The
amendments made by subsection (a) [enacting this section and
amending section 902 of this title] shall apply to taxable years of
domestic corporations beginning after December 31, 1960, with
respect to information relating to a foreign corporation or a
foreign subsidiary described in section 6038(a) of the Internal
Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection
(a)) for its annual accounting periods beginning after December 31,
1960."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 318, 901, 902, 964,
6046A, 6501 of this title.
-End-
-CITE-
26 USC Sec. 6038A 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6038A. Information with respect to certain foreign-owned
corporations
-STATUTE-
(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
For purposes of subsection (a), the information described in this
subsection is such information as the Secretary may prescribe by
regulations relating to -
(1) the name, principal place of business, nature of business,
and country or countries in which organized or resident, of each
person which -
(A) is a related party to the reporting corporation, and
(B) had any transaction with the reporting corporation during
its taxable year,
(2) the manner in which the reporting corporation is related to
each person referred to in paragraph (1), and
(3) transactions between the reporting corporation and each
foreign person which is a related party to the reporting
corporation.
(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 $10,000 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 $10,000 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.
-SOURCE-
(Added Pub. L. 97-248, title III, Sec. 339(a), Sept. 3, 1982, 96
Stat. 632; amended Pub. L. 97-448, title III, Sec. 306(b)(4), Jan.
12, 1983, 96 Stat. 2406; Pub. L. 98-369, div. A, title VII, Sec.
714(l), July 18, 1984, 98 Stat. 963; Pub. L. 99-514, title XII,
Sec. 1245(a), (b)(1)-(4), Oct. 22, 1986, 100 Stat. 2581; Pub. L.
101-239, title VII, Sec. 7403(a)-(d), Dec. 19, 1989, 103 Stat.
2358, 2359; Pub. L. 101-508, title XI, Secs. 11315(b)(1),
11704(a)(23), Nov. 5, 1990, 104 Stat. 1388-457, 1388-519; Pub. L.
104-188, title I, Secs. 1702(c)(5), 1704(f)(5)(B), Aug. 20, 1996,
110 Stat. 1869, 1880.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b)(2) to (4). Pub. L. 104-188, Sec.
1704(f)(5)(B), inserted "and" at end of par. (2), substituted a
period for ", and" at end of par. (3), and struck out par. (4)
which read as follows: "such information as the Secretary may
require for purposes of carrying out the provisions of section
453C."
Subsec. (e)(4)(D). Pub. L. 104-188, Sec. 1702(c)(5), substituted
"any affected taxable year" for "any transaction to which the
summons relates" and inserted at end "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."
1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 11315(b)(1), struck
out "or is a foreign corporation engaged in trade or business
within the United States" after "corporation".
Subsec. (c)(3) to (6). Pub. L. 101-508, Sec. 11704(a)(23),
redesignated pars. (4) to (6) as (3) to (5), respectively.
1989 - Subsec. (a). Pub. L. 101-239, Sec. 7403(b), inserted
before period at end "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)".
Subsec. (a)(2). Pub. L. 101-239, Sec. 7403(a)(1), amended par.
(2) generally, substituting "is 25-percent foreign-owned," for "is
controlled by a foreign person,".
Subsec. (c). Pub. L. 101-239, Sec. 7403(a)(2), amended subsec.
(c) generally, substituting pars. (1) to (6) for former pars. (1)
to (3) defining "control", "related party", and "foreign person".
Subsec. (d). Pub. L. 101-239, Sec. 7403(c), inserted "or maintain
records" after "information" in heading and amended text generally,
making changes in substance and structure of pars. (1) to (3).
Subsecs. (e), (f). Pub. L. 101-239, Sec. 7403(d), added subsec.
(e) and redesignated former subsec. (e) as (f).
1986 - Subsec. (b)(1). Pub. L. 99-514, Sec. 1245(a), substituted
"each person" for "each corporation" in introductory provisions and
amended subpar. (A) generally, substituting "related party to the
reporting corporation" for "member of the same controlled group as
the reporting corporation".
Subsec. (b)(2). Pub. L. 99-514, Sec. 1245(b)(1), substituted
"each person" for "each corporation".
Subsec. (b)(3). Pub. L. 99-514, Sec. 1245(b)(2), (3), amended
par. (3) generally, substituting "foreign person which is a related
party to the reporting corporation, and" for "foreign corporation
which is a member of the same controlled group as the reporting
corporation."
Subsec. (b)(4). Pub. L. 99-514, Sec. 1245(b)(3), added par. (4).
Subsec. (c)(2). Pub. L. 99-514, Sec. 1245(b)(4), amended par. (2)
generally. Prior to amendment, par. (2), controlled group, read as
follows: "The term 'controlled group' means any controlled group of
corporations within the meaning of section 1563(a); except that -
"(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). Pub. L. 98-369 substituted section
"6038(e)(1)" for "6038(d)(1)".
1983 - Subsec. (c)(2)(B). Pub. L. 97-448 inserted ", (b)(2)(C),"
after "(a)(4)".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 1702(c)(5) of Pub. L. 104-188 effective,
except as otherwise expressly provided, as if included in the
provision of the Revenue Reconciliation Act of 1990, Pub. L.
101-508, title XI, to which such amendment relates, see section
1702(i) of Pub. L. 104-188, set out as a note under section 38 of
this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 11315(c) of Pub. L. 101-508 provided that: "The
amendments made by this section [enacting section 6038C of this
title and amending this section] shall apply to -
"(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
Section 7403(e) of Pub. L. 101-239 provided that: "The amendments
made by this section [amending this section] shall apply to taxable
years beginning after July 10, 1989."
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1245(c) of Pub. L. 99-514 provided that: "The amendments
made by this section [amending this section and section 6038 of
this title] shall apply to taxable years beginning after December
31, 1986."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective as if included in the
provision of the Tax Equity and Fiscal Responsibility Act of 1982,
Pub. L. 97-248, to which such amendment relates, see section 715 of
Pub. L. 98-369, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-448 effective as if included in the
provisions of the Tax Equity and Fiscal Responsibility Act of 1982,
Pub. L. 97-248, to which such amendment relates, see section 311(d)
of Pub. L. 97-448, set out as a note under section 31 of this
title.
EFFECTIVE DATE
Section 339(c) of Pub. L. 97-248 provided that: "The amendments
made by this section [enacting this section] shall apply to taxable
years beginning after December 31, 1982."
APPLICABILITY OF 1989 AMENDMENT
Section 11314 of Pub. L. 101-508 provided that:
"(a) General Rule. - The amendments made by section 7403 of the
Revenue Reconciliation Act of 1989 [Pub. L. 101-239, amending this
section] shall apply to -
"(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) Continuation of Old Failures. - In the case of any failure
with respect to a taxable year beginning on or before July 10,
1989, which first occurs on or before the date of the enactment of
this Act [Nov. 5, 1990] but which continues after such date of
enactment, section 6038A(d)(2) of the Internal Revenue Code of 1986
(as amended by subsection (c) of such section 7403) shall apply for
purposes of determining the amount of the penalty imposed for
30-day periods referred to in such section 6038A(d)(2) which begin
after the date of the enactment of this Act."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6038C, 6048, 6501 of this
title.
-End-
-CITE-
26 USC Sec. 6038B 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6038B. Notice of certain transfers to foreign persons
-STATUTE-
(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,(!1)
(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.
-SOURCE-
(Added Pub. L. 98-369, div. A, title I, Sec. 131(d)(1), July 18,
1984, 98 Stat. 664; amended Pub. L. 105-34, title XI, Sec.
1144(a)-(c), Aug. 5, 1997, 111 Stat. 984, 985; Pub. L. 105-206,
title VI, Sec. 6011(g), July 22, 1998, 112 Stat. 818.)
-MISC1-
AMENDMENTS
1998 - Subsec. (c). Pub. L. 105-206, Sec. 6011(g), made technical
amendment to directory language of Pub. L. 105-206, Sec. 1144(c).
See 1997 Amendment note below.
1997 - Subsec. (a)(1). Pub. L. 105-34, Sec. 1144(a), amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
"transfers property to a foreign corporation in an exchange
described in section 332, 351, 354, 355, 356, or 361, or".
Subsec. (b). Pub. L. 105-34, Sec. 1144(b), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 105-34, Sec. 1144(c), as amended by Pub. L.
105-206, Sec. 6011(g), substituted "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)" for "equal
to 25 percent of the amount of the gain realized on the exchange"
in par. (1) and added par. (3).
Pub. L. 105-34, Sec. 1144(b), redesignated subsec. (b) as (c).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-206 effective, except as otherwise
provided, as if included in the provisions of the Taxpayer Relief
Act of 1997, Pub. L. 105-34, to which such amendment relates, see
section 6024 of Pub. L. 105-206, set out as a note under section 1
of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1144(d)(1) of Pub. L. 105-34 provided that: "The
amendments made by this section [amending this section] shall apply
to transfers made after the date of the enactment of this Act [Aug.
5, 1997]."
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 Pub. L. 98-369, set out as an Effective Date of
1984 Amendment note under section 367 of this title.
ELECTION OF RETROACTIVE EFFECT
Section 1141(d)(2) of Pub. L. 105-34 provided that: "Section
1494(c) of the Internal Revenue Code of 1986 shall not apply to any
transfer after August 20, 1996, if all applicable reporting
requirements under section 6038B of such Code (as amended by this
section) are satisfied. The Secretary of the Treasury or his
delegate may prescribe simplified reporting requirements under the
preceding sentence."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6501 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by "or".
-End-
-CITE-
26 USC Sec. 6038C 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6038C. Information with respect to foreign corporations
engaged in U.S. business
-STATUTE-
(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).
-SOURCE-
(Added Pub. L. 101-508, title XI, Sec. 11315(a), Nov. 5, 1990, 104
Stat. 1388-456.)
-MISC1-
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 Pub. L. 101-508,
set out as an Effective Date of 1990 Amendment note under section
6038A of this title.
-End-
-CITE-
26 USC Sec. 6039 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039. Information required in connection with certain options
-STATUTE-
(a) Furnishing of information
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 (on or before January 31 of the following calendar year)
furnish to such person a written statement in such manner and
setting forth such information as the Secretary may by regulations
prescribe.
(b) 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.
(c) Cross references
For definition of -
(1) the term "incentive stock option", see section 422(b),
and
(2) the term "employee stock purchase plan" (!1) see
section 423(b).
-SOURCE-
(Added Pub. L. 88-272, title II, Sec. 221(b)(1), Feb. 26, 1964, 78
Stat. 73; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),
Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96-167, Sec. 7(a), Dec. 29,
1979, 93 Stat. 1276; Pub. L. 97-34, title II, Sec. 251(b)(5), Aug.
13, 1981, 95 Stat. 259; Pub. L. 101-508, title XI, Sec.
11801(c)(9)(J), Nov. 5, 1990, 104 Stat. 1388-526; Pub. L. 105-206,
title VI, Sec. 6023(20), July 22, 1998, 112 Stat. 825.)
-MISC1-
PRIOR PROVISIONS
A prior section 6039 was renumbered section 6040 of this title.
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-206 inserted "to any person"
after "transfers".
1990 - Subsec. (a)(1), (2). Pub. L. 101-508, Sec.
11801(c)(9)(J)(i), added pars. (1) and (2) and struck out former
pars. (1) and (2) which read as follows:
"(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). Pub. L. 101-508, Sec. 11801(c)(9)(J)(ii),
substituted "an incentive stock option or an" for "a qualified
stock option, incentive stock option, a restricted stock option, or
an".
Subsec. (c). Pub. L. 101-508, Sec. 11801(c)(9)(J)(iii), amended
subsec. (c) generally, striking out references for definitions of
"qualified stock option" and "restricted stock option".
1981 - Subsec. (a)(1). Pub. L. 97-34, Sec. 251(b)(5)(A), inserted
", an incentive stock option," after "qualified stock option".
Subsec. (b)(1). Pub. L. 97-34, Sec. 251(b)(5)(B), inserted
"incentive stock option," after "qualified stock option,".
Subsec. (c)(4). Pub. L. 97-34, Sec. 251(b)(5)(C), added par. (4).
1979 - Subsec. (a). Pub. L. 96-167 substituted "Furnishing of
information" for "Requirement of reporting" in heading, and in
closing par. substituted provisions relating to the furnishing, on
or before Jan. 31 of the following calendar year, a written
statement in such manner and setting forth such information, as
prescribed by regulation for provisions prescribing the making of a
return at such time and in such manner as prescribed by regulation,
determining qualified stock options, restricted stock options or
options granted under an employee stock purchase plan to be options
under the provisions of this section, and restricting the necessity
of a return only to the first transfer of such share.
Subsec. (b). Pub. L. 96-167 added subsec. (b). Former subsec.
(b), requiring every corporation making a return to furnish each
person named in the return a written statement setting forth such
information as prescribed by regulation, and requiring such
statement to be furnished before January 31 of the year following
the calendar year for which the return was made, was struck out.
Subsec. (c). Pub. L. 96-167 redesignated subsec. (d) as (c).
Former subsec. (c), requiring any corporation transferring any
share of stock pursuant to the exercise of an option described in
subsec. (a)(2) to identify such stock, was struck out.
Subsec. (d). Pub. L. 96-167 redesignated subsec. (d) as (c).
1976 - Subsecs. (a), (b). Pub. L. 94-455 struck out "or his
delegate" after "Secretary".
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable with respect to options
granted on or after Jan. 1, 1976, and exercised on or after Jan. 1,
1981, or outstanding on Jan. 1, 1981, or granted on or after Jan.
1, 1976, and outstanding Aug. 13, 1981, see section 251(c) of Pub.
L. 97-34, set out as an Effective Date note under section 422 of
this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-167 applicable with respect to calendar
years beginning after 1979, see section 7(c) of Pub. L. 96-167, set
out as a note under section 6652 of this title.
EFFECTIVE DATE
Section applicable to stock transferred pursuant to options
exercised on or after Jan. 1, 1964, See section 221(e) of Pub. L.
88-272, set out as an Effective Date of 1964 Amendment note under
section 421 of this title.
SAVINGS PROVISION
For provisions that nothing in amendment by Pub. L. 101-508 be
construed to affect treatment of certain transactions occurring,
property acquired, or items of income, loss, deduction, or credit
taken into account prior to Nov. 5, 1990, for purposes of
determining liability for tax for periods ending after Nov. 5,
1990, see section 11821(b) of Pub. L. 101-508, set out as a note
under section 29 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 424, 6724 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.
-End-
-CITE-
26 USC Sec. 6039A 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
[Sec. 6039A. Repealed. Pub. L. 96-223, title IV, Sec. 401(a), Apr.
2, 1980, 94 Stat. 299]
-MISC1-
Section, added Pub. L. 94-455, title XX, Sec. 2005(d)(1), Oct. 4,
1976, 90 Stat. 1877, related to information regarding carryover
basis property acquired from a decedent. Repeal was achieved by
repealing section 2005(d)(1) of Pub. L. 94-455 and the amendments
made by that section.
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 Pub. L. 96-223, set out as an Effective Date
of 1980 Amendment and Revival of Prior Law note under section 1023
of this title.
-End-
-CITE-
26 USC Sec. 6039B 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
[Sec. 6039B. Repealed. Pub. L. 99-514, title XIII, Sec. 1303(b)(5),
Oct. 22, 1986, 100 Stat. 2658]
-MISC1-
Section, added Pub. L. 95-600, title VI, Sec. 601(b)(4), Nov. 6,
1978, 92 Stat. 2896; amended Pub. L. 96-595, Sec. 3(b), Dec. 24,
1980, 94 Stat. 3466, related to returns of general stock ownership
corporations.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 22, 1986, see section 1311(f) of Pub. L.
99-514, as amended, set out as an Effective Date; Transitional
Rules note under section 141 of this title.
-End-
-CITE-
26 USC Sec. 6039C 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039C. Returns with respect to foreign persons holding direct
investments in United States real property interests
-STATUTE-
(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).
-SOURCE-
(Added Pub. L. 96-499, title XI, Sec. 1123(a), Dec. 5, 1980, 94
Stat. 2687; amended Pub. L. 97-34, title VIII, Sec. 831(a)(3), (e),
Aug. 13, 1981, 95 Stat. 352, 354; Pub. L. 98-369, div. A, title I,
Sec. 129(b)(1), July 18, 1984, 98 Stat. 659; Pub. L. 99-514, title
XVIII, Sec. 1810(f)(7), Oct. 22, 1986, 100 Stat. 2828.)
-MISC1-
AMENDMENTS
1986 - Subsec. (d). Pub. L. 99-514 inserted "(and any person
required to withhold tax under section 1445)" after "section
897(a)".
1984 - Pub. L. 98-369 amended section generally, inserting in
section catchline "foreign persons holding direct investments in"
and substituting in text provisions concerning returns with respect
to foreign persons holding direct investments in United States real
property for provisions concerning returns with respect to United
States real property interests.
1981 - Subsec. (b)(4)(C). Pub. L. 97-34, Sec. 831(e), substituted
"For purposes of determining whether an entity to which this
subsection applies has a substantial investor in United States real
property, the assets of any person shall include the person's pro
rata share of the United States real property interest held by any
corporation (whether domestic or foreign) if the person's pro rata
share of the United States real property interests exceeded
$50,000" for "The assets of any entity to which this subsection
applies shall include its pro rata share of the United States real
property interests held by any corporation in which the entity is a
substantial investor in United States real property".
Subsec. (f). Pub. L. 97-34, Sec. 831(a)(3), added subsec. (f).
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 effective, except as otherwise
provided, as if included in the provisions of the Tax Reform Act of
1984, Pub. L. 98-369, div. A, to which such amendment relates, see
section 1881 of Pub. L. 99-514, set out as a note under section 48
of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 129(c)(2) of Pub. L. 98-369 provided that: "The
amendments made by subsection (b) [amending this section] shall
apply to calendar year 1980 and subsequent calendar years."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to dispositions after June
18, 1980, in taxable years ending after such date, see section
831(i) of Pub. L. 97-34, set out as a note under section 897 of
this title.
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 Pub. L. 96-499, set out as a
note under section 897 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 897, 6652 of this title;
title 22 section 3142.
-End-
-CITE-
26 USC Sec. 6039D 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039D. Returns and records with respect to certain fringe
benefit plans
-STATUTE-
(a) In general
Every employer maintaining a specified fringe benefit plan during
any year beginning after December 31, 1984, 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, 120, 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).
-SOURCE-
(Added Pub. L. 98-611, Sec. 1(d)(1), Oct. 31, 1984, 98 Stat. 3176;
amended Pub. L. 99-514, title XI, Sec. 1151(h), title XVIII, Sec.
1879(d)(1), Oct. 22, 1986, 100 Stat. 2507, 2906; Pub. L. 100-647,
title I, Sec. 1011B(a)(24), title III, Sec. 3021(a)(15)(A), Nov.
10, 1988, 102 Stat. 3486, 3631; Pub. L. 101-508, title XI, Sec.
11704(a)(24), Nov. 5, 1990, 104 Stat. 1388-519; Pub. L. 105-34,
title XVI, Sec. 1601(h)(2)(D)(iii), Aug. 5, 1997, 111 Stat. 1092.)
-COD-
CODIFICATION
Another section 6039D, added Pub. L. 98-612, Sec. 1(b)(1), Oct.
31, 1984, 98 Stat. 3180, also related to returns and records with
respect to certain fringe benefits, prior to repeal by Pub. L.
99-514, title XVIII, Sec. 1879(d)(2), Oct. 22, 1986, 100 Stat.
2906, effective, except as otherwise provided, as if included in
the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div.
A, to which such repeal relates, see section 1881 of Pub. L.
99-514, set out as a note under section 48 of this title.
-MISC1-
AMENDMENTS
1997 - Subsec. (d)(1). Pub. L. 105-34 substituted "129, or 137"
for "or 129".
1990 - Subsec. (d)(3). Pub. L. 101-508 substituted "the
employer)." for "the employer)".
1988 - Subsec. (c). Pub. L. 100-647, Sec. 1011B(a)(24), amended
directory language of Pub. L. 99-514, Sec. 1151(h)(3), see 1986
Amendment note below.
Subsec. (d). Pub. L. 100-647, Sec. 3021(a)(15)(A)(ii), inserted
"and special rules" after "Definitions" in heading.
Subsec. (d)(3). Pub. L. 100-647, Sec. 3021(a)(15)(A)(i), added
par. (3).
1986 - Subsec. (a)(6). Pub. L. 99-514, Sec. 1151(h)(2), added
par. (6).
Subsec. (c). Pub. L. 99-514, Sec. 1151(h)(3), as amended by Pub.
L. 100-647, Sec. 1011B(a)(24), inserted at end "The Secretary may
require returns under this subsection only from a representative
group of employers."
Subsec. (d). Pub. L. 99-514, Sec. 1151(h)(1), amended subsec. (d)
generally. Prior to amendment, par. (1) defined a specified fringe
benefit plan as (A) any qualified group legal services plan (as
defined in section 120), (B) any cafeteria plan (as defined in
section 125), and (C) any educational assistance plan (as defined
in section 127), and par. (2) defined "applicable exclusion" as
meaning (A) section 120 in the case of a qualified legal group
services plan, (B) section 125 in the case of a cafeteria plan, and
(C) section 127 in the case of an educational assistance plan.
Pub. L. 99-514, Sec. 1879(d)(1), in amending subsec. (d)
generally, added subpars. (1)(A) and (2)(A). Former subpars. (1)(A)
and (B) and (2)(A) and (B) were redesignated as subpars. (1)(B) and
(C) and (2)(B) and (C), respectively.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-34 effective as if included in the
provisions of the Small Business Job Protection Act of 1996, Pub.
L. 104-188, to which it relates, see section 1601(j) of Pub. L.
105-34, set out as a note under section 23 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 1011B(a)(24) of Pub. L. 100-647 effective,
except as otherwise provided, as if included in the provision of
the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment
relates, see section 1019(a) of Pub. L. 100-647, set out as a note
under section 1 of this title.
Section 3021(a)(15)(B) of Pub. L. 100-647 provided that: "The
amendments made by this paragraph [amending this section] shall
apply to years beginning after 1984."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1151(h) of Pub. L. 99-514 applicable to
years beginning after Dec. 31, 1988, with certain qualifications
and exceptions, see section 1151(k) of Pub. L. 99-514, as amended,
set out as a note under section 79 of this title.
Amendment by section 1879(d)(1) of Pub. L. 99-514 effective,
except as otherwise provided, as if included in the provisions of
the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such
amendment relates, see section 1881 of Pub. L. 99-514, set out as a
note under section 48 of this title.
EFFECTIVE DATE
Section effective Jan. 1, 1985, see section 1(g)(2) of Pub. L.
98-611, set out as an Effective Date of 1984 Amendment note under
section 127 of this title.
NONENFORCEMENT OF AMENDMENT MADE BY SECTION 1151 OF PUB. L. 99-514
FOR FISCAL YEAR 1990
No monies appropriated by Pub. L. 101-136 to be used to implement
or enforce section 1151 of Pub. L. 99-514 or the amendments made by
such section, see section 528 of Pub. L. 101-136, set out as a note
under section 89 of this title.
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 [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 120, 125, 127, 6652 of
this title.
-End-
-CITE-
26 USC Sec. 6039E 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039E. Information concerning resident status
-STATUTE-
(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 chapter 1 for such
individual's most recent 3 taxable years, and
(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.
-SOURCE-
(Added Pub. L. 99-514, title XII, Sec. 1234(a)(1), Oct. 22, 1986,
100 Stat. 2565; amended Pub. L. 100-647, title I, Sec. 1012(o),
Nov. 10, 1988, 102 Stat. 3515.)
-REFTEXT-
REFERENCES IN TEXT
Section 245A of the Immigration and Nationality Act, referred to
in subsec. (d), is classified to section 1255a of Title 8, Aliens
and Nationality.
The date of the enactment of this sentence, referred to in
subsec. (d), is the date of enactment of Pub. L. 100-647, which was
approved Nov. 10, 1988.
-MISC1-
AMENDMENTS
1988 - Subsec. (d). Pub. L. 100-647 inserted sentence at end
relating to disclosure of information subject to section 245A of
the Immigration and Nationality Act.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE
Section 1234(a)(3) of Pub. L. 99-514 provided that: "The
amendments made by this subsection [enacting this section] shall
apply to applications submitted after December 31, 1987 (or, if
earlier, the effective date which shall not be earlier than January
1, 1987) of the initial regulations issued under section 6039E of
the Internal Revenue Code of 1986 as added by this subsection)."
-End-
-CITE-
26 USC Sec. 6039F 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039F. Notice of large gifts received from foreign persons
-STATUTE-
(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 (B) thereof shall be applied by
substituting "1995" for "1992".
(e) Regulations
The Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of this section.
-SOURCE-
(Added Pub. L. 104-188, title I, Sec. 1905(a), Aug. 20, 1996, 110
Stat. 1913.)
-STATAMEND-
ADJUSTMENT OF AGGREGATE GIFT THRESHOLD FOR TAXABLE YEARS BEGINNING
IN 2004
For adjustment of aggregate gift threshold for purposes of
triggering reporting requirement under this section for taxable
years beginning in 2004, see section 3.29 of Revenue Procedure
2003-85, set out as a note under section 1 of this title.
-COD-
CODIFICATION
Another section 6039F was renumbered section 6039G of this title.
-MISC1-
EFFECTIVE DATE
Section 1905(c) of Pub. L. 104-188 provided that: "The amendments
made by this section [enacting this section] shall apply to amounts
received after the date of the enactment of this Act [Aug. 20,
1996] in taxable years ending after such date."
-End-
-CITE-
26 USC Sec. 6039G 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039G. Information on individuals losing United States
citizenship
-STATUTE-
(a) In general
Notwithstanding any other provision of law, any individual who
loses United States citizenship (within the meaning of section
877(a)) shall provide a statement which includes the information
described in subsection (b). Such statement shall be -
(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.
(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) in the case of an individual having a net worth of at least
the dollar amount applicable under section 877(a)(2)(B),
information detailing the assets and liabilities of such
individual, and
(6) such other information as the Secretary may prescribe.
(c) Acts described
For purposes of this section, the acts referred to in this
subsection are -
(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 (8 U.S.C. 1481(a)(5)),
(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 (8 U.S.C.
1481(a)(1)-(4)),
(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.
(d) Penalty
Any individual failing to provide a statement required under
subsection (a) shall be subject to a penalty for each year (of the
10-year period beginning on the date of loss of United States
citizenship) during any portion of which such failure continues in
an amount equal to the greater of -
(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.
(e) 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))
with respect to whom the Secretary receives information under the
preceding sentence during such quarter.
(f) Reporting by long-term lawful permanent residents who cease to
be taxed as residents
In lieu of applying the last sentence of subsection (a), any
individual who is required to provide a statement under this
section by reason of section 877(e)(1) shall provide such statement
with the return of tax imposed by chapter 1 for the taxable year
during which the event described in such section occurs.
(g) 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.
-SOURCE-
(Added Pub. L. 104-191, title V, Sec. 512(a), Aug. 21, 1996, 110
Stat. 2100, Sec. 6039F; renumbered Sec. 6039G, Pub. L. 105-34,
title XVI, Sec. 1602(h)(1), Aug. 5, 1997, 111 Stat. 1096.)
-REFTEXT-
REFERENCES IN TEXT
Section 358 of the Immigration and Nationality Act, referred to
in subsec. (e)(2), is classified to section 1501 of Title 8, Aliens
and Nationality.
-MISC1-
AMENDMENTS
1997 - Pub. L. 105-34 renumbered section 6039F as this section.
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 Pub. L. 104-191, set
out as an Effective Date of 1996 Amendment note under section 877
of this title.
Section 512(c) of Pub. L. 104-191 provided that: "The amendments
made by this section [enacting this section] shall apply to -
"(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 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]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 877 of this title.
-End-
-CITE-
26 USC Sec. 6039H 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6039H. Information with respect to Alaska Native Settlement
Trusts and sponsoring Native Corporations
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 107-16, title VI, Sec. 671(b), June 7, 2001, 115
Stat. 147.)
-STATAMEND-
TERMINATION OF SECTION
For termination of section by section 901 of Pub. L. 107-16, see
Effective and Termination Dates note below.
-MISC1-
EFFECTIVE AND TERMINATION DATES
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 Pub. L. 107-16,
set out as a note under section 646 of this title.
Section inapplicable to taxable, plan, or limitation years
beginning after Dec. 31, 2010, and the Internal Revenue Code of
1986 to be applied and administered to such years as if it had
never been enacted, see section 901 of Pub. L. 107-16, set out as
an Effective and Termination Dates of 2001 Amendment note under
section 1 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 646 of this title.
-End-
-CITE-
26 USC Sec. 6040 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart A - Information Concerning Persons Subject to Special
Provisions
-HEAD-
Sec. 6040. Cross references
-STATUTE-
(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. Pub. L. 89-44, title III, Sec. 305(b), June
21, 1965, 79 Stat. 148]
(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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 744, Sec. 6037; renumbered Sec.
6038, Pub. L. 85-866, title I, Sec. 64(c), Sept. 2, 1958, 72 Stat.
1656; renumbered Sec. 6039, Pub. L. 86-780, Sec. 6(a), Sept. 14,
1960, 74 Stat. 1014; renumbered Sec. 6040, Pub. L. 88-272, title
II, Sec. 221(b)(1), Feb. 26, 1964, 78 Stat. 73; amended Pub. L.
89-44, title III, Sec. 305(b), June 21, 1965, 79 Stat. 148; Pub. L.
91-614, title I, Sec. 101(d)(2), Dec. 31, 1970, 84 Stat. 1837.)
-MISC1-
AMENDMENTS
1970 - Par. (2). Pub. L. 91-614 substituted "fiduciary" for
"executor".
1965 - Par. (6). Pub. L. 89-44 struck out par. (6) which cross
referred to section 4234 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-614 applicable with respect to decedents
dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91-614,
set out as a note under section 2032 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-44 applicable with respect to admissions,
services, and uses after noon, Dec. 31, 1965, see section 701(b)(1)
of Pub. L. 89-44, set out as a note under section 4291 of this
title.
-End-
-CITE-
26 USC Subpart B - Information Concerning Transactions
With Other Persons 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
SUBPART B - INFORMATION CONCERNING TRANSACTIONS WITH OTHER PERSONS
-MISC1-
Sec.
6041. Information at source.
6041A. Returns regarding payments of remuneration for
services and direct sales.(!1)
6042. Returns regarding payments of dividends and corporate
earnings and profits.
6043. Liquidating, etc., transactions.
6044. Returns regarding payments of patronage dividends.
6045. Returns of brokers.
6046. Returns as to organization or reorganization of
foreign corporations and as to acquisitions of their
stock.
6046A. Returns as to interests in foreign partnerships.
6047. Information relating to certain trusts and annuity
plans.
6048. Information with respect to certain foreign trusts.
6049. Returns regarding payments of interest.
[6050. Repealed.]
6050A. Reporting requirements of certain fishing boat
operators.
6050B. Returns relating to unemployment compensation.
[6050C. Repealed.]
6050D. Returns relating to energy grants and financing.
6050E. State and local income tax refunds.
6050F. Returns relating to social security benefits.
6050G. Returns relating to certain railroad retirement
benefits.
6050H. Returns relating to mortgage interest received in
trade or business from individuals.
6050I. Returns relating to cash received in trade or
business, etc..(!2)
6050J. Returns relating to foreclosures and abandonments of
security.
6050K. Returns relating to exchanges of certain partnership
interests.
6050L. Returns relating to certain dispositions of donated
property.
6050M. Returns relating to persons receiving contracts from
Federal executive agencies.
6050N. Returns regarding payments of royalties.
6050P. Returns relating to the cancellation of indebtedness
by certain entities.
6050Q. Certain long-term care benefits.
6050R. Returns relating to certain purchases of fish.
6050S. Returns relating to higher education tuition and
related expenses.
6050T. Returns relating to credit for health insurance costs
of eligible individuals.
AMENDMENTS
2002 - Pub. L. 107-210, div. A, title II, Sec. 202(d)(2), Aug. 6,
2002, 116 Stat. 963, added item 6050T.
1998 - Pub. L. 105-206, title VI, Sec. 6018(a), July 22, 1998,
112 Stat. 822, amended directory language of Pub. L. 104-188, Sec.
1116(b)(2). See 1996 Amendment note below.
1997 - Pub. L. 105-34, title II, Sec. 201(c)(3), Aug. 5, 1997,
111 Stat. 805, added item 6050S.
Pub. L. 105-34, title XVI, Sec. 1601(a)(2), Aug. 5, 1997, 111
Stat. 1086, provided that amendment made by section 1116(b)(2)(C)
of Pub. L. 104-188 shall be applied as if the reference to chapter
68 were a reference to chapter 61. See 1996 Amendment note below.
1996 - Pub. L. 104-191, title III, Sec. 323(c), Aug. 21, 1996,
110 Stat. 2063, added item 6050Q.
Pub. L. 104-188, title I, Sec. 1116(b)(2)(C), Aug. 20, 1996, 110
Stat. 1764, as amended by Pub. L. 105-206, title VI, Sec. 6018(a),
July 22, 1998, 112 Stat. 822, added item 6050R. See 1997 Amendment
note above.
Pub. L. 104-188, title I, Secs. 1704(t)(18), 1901(c)(2), Aug. 20,
1996, 110 Stat. 1764, 1888, 1908, substituted "Liquidating," for
"Liquidating;" in item 6043 and "Information with respect" for
"Returns as" in item 6048 and added item 6050R.
Pub. L. 104-134, title III, Sec. 31001(m)(2)(D)(iii), Apr. 26,
1996, 110 Stat. 1321-369, struck out "financial" before "entities"
in item 6050P.
1994 - Pub. L. 103-322, title II, Sec. 20415(b)(4), Sept. 13,
1994, 108 Stat. 1833, substituted "business, etc." for "business"
in item 6050I.
1993 - Pub. L. 103-66, title XIII, Sec. 13252(c), Aug. 10, 1993,
107 Stat. 532, added item 6050P.
1989 - Pub. L. 101-239, title VII, Sec. 7208(b)(3)(C), Dec. 19,
1989, 103 Stat. 2338, substituted "Liquidating; etc., transactions"
for "Return regarding corporate dissolution or liquidation" in item
6043.
1988 - Pub. L. 100-418, title I, Sec. 1941(b)(3)(B), Aug. 23,
1988, 102 Stat. 1324, struck out item 6050C "Information regarding
windfall profit tax on domestic crude oil".
1986 - Pub. L. 99-514, title XV, Secs. 1522(b), 1523(c), Oct. 22,
1986, 100 Stat. 2747, 2748, added items 6050M and 6050N.
1984 - Pub. L. 98-369, div. A, title I, Secs. 145(c), 146(c),
148(c), 149(c), 155(b)(3), title IV, Sec. 491(d)(58), July 18,
1984, 98 Stat. 685, 687, 689, 690, 693, 852, struck out "and bond
purchase" after "trust and annuity" in item 6047 and added items
6050H to 6050L.
1983 - Pub. L. 98-76, title II, Sec. 224(b)(2), Aug. 12, 1983, 97
Stat. 423, added item 6050G.
Pub. L. 98-21, title I, Sec. 121(f)(4), Apr. 20, 1983, 97 Stat.
84, added item 6050F.
1982 - Pub. L. 97-248, title III, Sec. 313(b), title IV, Sec.
405(c)(1), Sept. 3, 1982, 96 Stat. 603, 670, added items 6046A and
6050E.
1980 - Pub. L. 96-223, title I, Sec. 101(d)(2)(B), title II, Sec.
203(b)(2), Apr. 2, 1980, 94 Stat. 251, 259, added items 6050C and
6050D.
1979 - Pub. L. 96-167, Sec. 5(b), Dec. 29, 1979, 93 Stat. 1276,
struck out item 6050 "Returns relating to certain transfers to
exempt organizations".
1978 - Pub. L. 95-600, title I, Sec. 112(c)(2), Nov. 6, 1978, 92
Stat. 2778, added item 6050B.
1976 - Pub. L. 94-455, title X, Sec. 1013(e)(5), Oct. 4, 1976, 90
Stat. 1616, substituted "as to certain foreign trusts" for "as to
creation of or transfer to certain foreign trusts" in item 6048.
1969 - Pub. L. 91-172, title I, Sec. 121(e)(2), Dec. 30, 1969, 83
Stat. 548, added item 6050.
1962 - Pub. 87-834, Secs. 7(i)(2), 19(g)(1), 20(d)(2), Oct. 16,
1962, 76 Stat. 989, 1058, 1063, substituted "payments of dividends
and corporate earnings and profits" for "corporate dividends,
earnings and profits" in item 6042, substituted "organization or
reorganization of foreign corporations and as to acquisitions of
their stock" for "creation or organization, or reorganization, of
foreign corporations" in item 6046, inserted "payments of" in item
6044, and added items 6048 and 6049.
Pub. L. 87-792, Sec. 7(m)(2), Oct. 10, 1962, 76 Stat. 831, added
item 6047.
1960 - Pub. L. 86-780, Sec. 7(b), Sept. 14, 1960, 74 Stat. 1016,
substituted "Returns as to creation or organization, or
reorganization, of foreign corporations" for "Returns as to
formation or reorganization of foreign corporations," in item 6046.
-SECREF-
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 6071, 6201 of this title.
-FOOTNOTE-
(!1) Editorially supplied. Section 6041A added by Pub. L. 97-248
without corresponding amendment of subpart analysis.
(!2) So in original.
-End-
-CITE-
26 USC Sec. 6041 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6041. Information at source
-STATUTE-
(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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 745; Pub. L. 87-834, Sec. 19(f),
Oct. 16, 1962, 76 Stat. 1058; Pub. L. 94-455, title XIX, Sec.
1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95-600, title
V, Sec. 501(b), Nov. 6, 1978, 92 Stat. 2878; Pub. L. 97-34, title
VII, Sec. 723(b)(1), Aug. 13, 1981, 95 Stat. 344; Pub. L. 97-248,
title III, Sec. 309(b)(1), Sept. 3, 1982, 96 Stat. 595; Pub. L.
98-369, div. A, title VII, Sec. 722(h)(4)(B), July 18, 1984, 98
Stat. 976; Pub. L. 99-514, title XV, Secs. 1501(c)(1), 1523(b)(2),
Oct. 22, 1986, 100 Stat. 2736, 2748; Pub. L. 104-168, title XII,
Sec. 1201(a)(1), July 30, 1996, 110 Stat. 1469; Pub. L. 108-173,
title XII, Sec. 1203(a), Dec. 8, 2003, 117 Stat. 2480.)
-MISC1-
AMENDMENTS
2003 - Subsec. (f). Pub. L. 108-173 added subsec. (f).
1996 - Subsec. (d)(1). Pub. L. 104-168 substituted "name,
address, and phone number of the information contact" for "name and
address".
1986 - Subsec. (a). Pub. L. 99-514, Sec. 1523(b)(2), substituted
"6049(a), or 6050N(a)" for "or 6049(a)".
Subsec. (d). Pub. L. 99-514, Sec. 1501(c)(1), in amending subsec.
(d) generally, substituted "information is required" for
"information is furnished" in heading and, in text, substituted
references to persons required to make returns for former
references to persons making returns.
1984 - Subsec. (a). Pub. L. 98-369 inserted "6047(e),".
1982 - Subsec. (a). Pub. L. 97-248 substituted "6049(a)" for
"6049(a)(1)", and "or 6045" for "6045, 6049(a)(2), or 6049(a)(3)".
1981 - Subsecs. (d), (e). Pub. L. 97-34 added subsec. (d) and
redesignated former subsec. (d) as (e).
1978 - Subsecs. (c), (d). Pub. L. 95-600 added subsec. (d) and
redesignated subsec. (d) as (c).
1976 - Subsecs. (a), (b). Pub. L. 94-455 struck out "or his
delegate" after "Secretary".
1962 - Subsec. (a). Pub. L. 87-834, Sec. 19(f)(1), substituted
"(other than payments to which section 6042(a)(1), 6044(a)(1), or
6049(a)(1) applies, and other than payments with respect to which a
statement is required under the authority of section 6042(a)(2),
6044(a)(2), 6045, 6049(a)(2), or 6049(a)(3))" for "other than
payments described in section 6042(1) or section 6045)".
Subsec. (c). Pub. L. 87-834, Sec. 19(f)(2), repealed subsec. (c)
which related to returns of payments of interest by corporations.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-173, title XII, Sec. 1203(b), Dec. 8, 2003, 117 Stat.
2480, provided that: "The amendment made by this section [amending
this section] shall apply to payments made after December 31,
2002."
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1201(b) of Pub. L. 104-168 provided that: "The amendments
made by subsection (a) [amending this section and sections 6041A,
6042, 6044, 6045, 6049, 6050B, 6050H to 6050K, and 6050N of this
title] shall apply to statements required to be furnished after
December 31, 1996 (determined without regard to any extension)."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1501(c)(1) of Pub. L. 99-514 applicable to
returns the due date for which (determined without regard to
extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.
99-514, set out as an Effective Date note under section 6721 of
this title.
Amendment by section 1523(b)(2) of Pub. L. 99-514 applicable to
payments made after Dec. 31, 1986, see section 1523(d) of Pub. L.
99-514, set out as an Effective Date note under section 6050N of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable to payments or
distributions after Dec. 31, 1984, unless the payor elects to have
such amendment apply to payments or distributions before Jan. 1,
1985, see section 722(h)(5)(B) of Pub. L. 98-369, set out as a note
under section 643 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 applicable to amounts paid (or
treated as paid) after Dec. 31, 1982, see section 309(c) of Pub. L.
97-248, set out as a note under section 6049 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to returns and statements
required to be furnished after Dec. 31, 1981, see section 723(c) of
Pub. L. 97-34, set out as a note under section 6652 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-600 applicable to payments made after
Dec. 31, 1978, see section 501(c) of Pub. L. 95-600, set out as a
note under section 6001 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-834 applicable to payments of dividends
and interest made on or after Jan. 1, 1963, and to payments of
amounts described in section 6044(b) of this title made on or after
Jan. 1, 1963. with respect to patronage occurring on or after the
first day of the first taxable year of the cooperative beginning on
or after Jan. 1, 1963, see section 19(h) of Pub. L. 87-834, set out
as a note under section 6042 of this title.
ALLOWANCE OF ELECTRONIC 1099'S
Pub. L. 107-147, title IV, Sec. 401, Mar. 9, 2002, 116 Stat. 40,
provided that: "Any person required to furnish a statement under
any section of subpart B of part III of subchapter A of chapter 61
of the Internal Revenue Code of 1986 for any taxable year ending
after the date of the enactment of this Act [Mar. 9, 2002], may
electronically furnish such statement (without regard to any first
class mailing requirement) to any recipient who has consented to
the electronic provision of the statement in a manner similar to
the one permitted under regulations issued under section 6051 of
such Code or in such other manner as provided by the Secretary."
EMPLOYER'S DUTIES IN CONNECTION WITH RECORDING AND REPORTING OF
TIPS
Pub. L. 94-455, title XXI, Sec. 2211, Oct. 4, 1976, 90 Stat.
1905, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095, provided that:
"(a) Suspension of Rulings. - Until January 1, 1979, the law with
respect to the duty of an employer under section 6041(a) of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954] to report
charge account tips of employees to the Internal Revenue Service
(other than charge account tips included in statements furnished to
the employer under section 6053(a) of such Code) shall be
administered -
"(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) Effective Date. - This section shall take effect on January
1, 1976."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3406, 3509, 6045, 6051,
6724 of this title; title 25 section 2719.
-End-
-CITE-
26 USC Sec. 6041A 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6041A. Returns regarding payments of remuneration for services
and direct sales
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 97-248, title III, Sec. 312(a), Sept. 3, 1982, 96
Stat. 601; amended Pub. L. 104-168, title XII, Sec. 1201(a)(2),
July 30, 1996, 110 Stat. 1469; Pub. L. 105-34, title X, Sec.
1022(a), Aug. 5, 1997, 111 Stat. 923.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this paragraph, referred to in
subsec. (d)(3), is the date of enactment of Pub. L. 105-34, which
was approved Aug. 5, 1997.
-MISC1-
AMENDMENTS
1997 - Subsec. (d)(3). Pub. L. 105-34 added par. (3).
1996 - Subsec. (e)(1). Pub. L. 104-168 substituted "name,
address, and phone number of the information contact" for "name and
address".
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1022(b) of Pub. L. 105-34 provided that: "The amendment
made by this section [amending this section] shall apply to returns
the due date for which (determined without regard to any extension)
is more than 90 days after the date of the enactment of this Act
[Aug. 5, 1997]."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-168 applicable to statements required to
be furnished after Dec. 31, 1996 (determined without regard to any
extension), see section 1201(b) of Pub. L. 104-168, set out as a
note under section 6041 of this title.
EFFECTIVE DATE
Section 312(c) of Pub. L. 97-248 provided that: "The amendments
made by this section [enacting this section and amending section
6678 of this title] shall apply to payments and sales made after
December 31, 1982."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3406, 3509, 6721, 6722,
6724 of this title.
-End-
-CITE-
26 USC Sec. 6042 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6042. Returns regarding payments of dividends and corporate
earnings and profits
-STATUTE-
(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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 746; Pub. L. 87-834, Sec. 19(a),
Oct. 16, 1962, 76 Stat. 1053; Pub. L. 94-455, title XIX, Sec.
1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248, title
III, Secs. 303(a), 308(a), Sept. 3, 1982, 96 Stat. 587, 591; Pub.
L. 97-354, Sec. 5(a)(40), Oct. 19, 1982, 96 Stat. 1696; Pub. L.
98-67, title I, Secs. 102(a), 108(b), Aug. 5, 1983, 97 Stat. 369,
383; Pub. L. 98-369, div. A, title VII, Sec. 714(d), July 18, 1984,
98 Stat. 961; Pub. L. 99-514, title XV, Sec. 1501(c)(2), Oct. 22,
1986, 100 Stat. 2736; Pub. L. 104-168, title XII, Sec. 1201(a)(3),
July 30, 1996, 110 Stat. 1469.)
-MISC1-
AMENDMENTS
1996 - Subsec. (c)(1). Pub. L. 104-168 substituted "name,
address, and phone number of the information contact" for "name and
address".
1986 - Subsec. (c). Pub. L. 99-514, in amending subsec. (c)
generally, substituted "information is required" for "information
is furnished" in heading and, in text, substituted references to
persons required to make returns for former references to persons
making returns and struck out provisions directing that no
statement was required to be furnished to any person under this
subsection if the aggregate amount of payments to such person as
shown on the return made under subsec. (a)(1) was less than $10.
1984 - Subsec. (b)(2). Pub. L. 98-369, in amending par. (2)
generally, designated existing provision as subpar. (A),
redesignated as cls. (i) and (ii) of subpar. (A) text formerly
designated (A) and (B), and added subpar. (B).
1983 - Pub. L. 98-67 substituted in subsec. (c) "The written
statement required under the preceding sentence shall be furnished
(either in person or in a separate mailing by first-class mail) 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" for "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)(1) was made" and repealed amendments
made by Pub. L. 97-248. See 1982 Amendment note below.
1982 - Subsecs. (a)(1), (c), (e). Pub. L. 97-248 provided that,
applicable to payments of interest, dividends, and patronage
dividends paid or credited after June 30, 1983, subsecs. (a)(1) and
(c) are amended and a new subsec. (e) is added. Section 102(a), (b)
of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed
subtitle A (Secs. 301-308) of title III of Pub. L. 97-248 as of the
close of June 30, 1983, and provided that the Internal Revenue Code
of 1954 [now 1986] [this title] shall be applied and administered
(subject to certain exceptions) as if such subtitle A (and the
amendments made by such subtitle A) had not been enacted.
Subsec. (b)(2). Pub. L. 97-354 redesignated cl. (A)(i) as subpar.
(A) and cl. (A)(ii) as subpar. (B). Former subpar. (B), excluding
from the term "dividends" any amount described in section 1373
(relating to undistributed taxable income of electing small
business corporations), was struck out.
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
1962 - Pub. L. 87-834 substituted "Returns regarding payments of
dividends and corporate earnings and profits" for "Returns
regarding corporate dividends, earnings, and profits" in section
catchline, added subsecs. (a) to (c), designated existing
provisions of section as subsec. (d), and substituted in par. (1)
of subsec. (d) "furnish to the Secretary or his delegate a
statement stating the name and address of each shareholder, and the
number of shares owned by each shareholder" for "Make a return of
its payments of dividends, stating the name and address of, the
number of shares owned by, and the amount of dividends paid to,
each shareholder."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-168 applicable to statements required to
be furnished after Dec. 31, 1996 (determined without regard to any
extension), see section 1201(b) of Pub. L. 104-168, set out as a
note under section 6041 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to returns the due date
for which (determined without regard to extensions) is after Oct.
22, 1986, see section 1501(e) of Pub. L. 99-514, set out as an
Effective Date note under section 6721 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective as if included in the
provision of the Tax Equity and Fiscal Responsibility Act of 1982,
Pub. L. 97-248, to which such amendment relates, see section 715 of
Pub. L. 98-369, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 108(b) of Pub. L. 98-67 applicable with
respect to payments made after Dec. 31, 1983, see section 110(a) of
Pub. L. 98-67, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-354 applicable to taxable years beginning
after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as
an Effective Date note under section 1361 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Section 19(h) of Pub. L. 87-834, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"(1) Dividends and interest. - The amendments made by this
section [enacting sections 6049 and 6678 of this title and amending
this section and sections 6041, 6044, and 6052 of this title] shall
apply to payments of dividends and interest made on or after
January 1, 1963.
"(2) Patronage dividends. - The amendments made by this section
shall apply to payments of amounts described in section 6044(b) of
the Internal Revenue Code of 1986 [formerly I.R.C. 1954] made on or
after January 1, 1963, with respect to patronage occurring on or
after the first day of the first taxable year of the cooperative
beginning on or after January 1, 1963."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3406, 6041, 6652, 6724 of
this title.
-End-
-CITE-
26 USC Sec. 6043 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6043. Liquidating, etc., transactions
-STATUTE-
(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)
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 746; Pub. L. 91-172, title I,
Sec. 101(j)(35), Dec. 30, 1969, 83 Stat. 529; Pub. L. 94-455, title
XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L.
99-514, title XV, Sec. 1501(d)(1)(C), Oct. 22, 1986, 100 Stat.
2740; Pub. L. 101-239, title VII, Sec. 7208(b)(1), (3)(A), (B),
Dec. 19, 1989, 103 Stat. 2337, 2338; Pub. L. 104-188, title I, Sec.
1704(t)(17), Aug. 20, 1996, 110 Stat. 1888.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-188 substituted "Liquidating, etc.,
transactions" for "Liquidating; etc., transactions" in section
catchline.
1989 - Pub. L. 101-239, Sec. 7208(b)(3)(B), substituted
"Liquidating; etc., transactions" for "Returns regarding
liquidation, dissolution, termination, or contraction" in section
catchline.
Subsec. (a). Pub. L. 101-239, Sec. 7208(b)(3)(A), substituted
"Corporate liquidating, etc., transactions" for "Corporations" in
heading.
Subsecs. (c), (d). Pub. L. 101-239, Sec. 7208(b)(1), added
subsecs. (c) and (d) and struck out former subsec. (c) which read
as follows: "Cross Reference. - For provisions relating to
penalties for failure to file a return required by subsection (b),
see section 6652(c)."
1986 - Subsec. (c). Pub. L. 99-514 substituted "section 6652(c)"
for "section 6652(d)".
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
1969 - Pub. L. 91-172 inserted references to termination and
contraction in section catchline, designated existing provisions as
subsec. (a), and added subsecs. (b) and (c).
EFFECTIVE DATE OF 1989 AMENDMENT
Section 7208(b)(4) of Pub. L. 101-239 provided that: "The
amendments made by this subsection [amending this section and
section 6652 of this title] shall apply to transactions after March
31, 1990."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to returns the due date
for which (determined without regard to extensions) is after Dec.
31, 1986, see section 1501(e) of Pub. L. 99-514, set out as an
Effective Date note under section 6721 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable to taxable years beginning
after Dec. 31, 1969, see section 101(k)(2)(B) of Pub. L. 91-172,
set out as an Effective Date note under section 4940 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6033, 6652 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be section "6652(l)."
-End-
-CITE-
26 USC Sec. 6044 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6044. Returns regarding payments of patronage dividends
-STATUTE-
(a) Requirement of reporting
(1) In general
Except as otherwise provided in this section, every cooperative
to which part I of subchapter T of chapter 1 applies, which makes
payments of amounts described in subsection (b) aggregating $10
or more to any person during any calendar year, shall make a
return according to the forms of 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 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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 746; Pub. L. 87-834, Sec. 19(b),
Oct. 16, 1962, 76 Stat. 1054; Pub. L. 89-809, title II, Sec.
211(d), Nov. 13, 1966, 80 Stat. 1584; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248,
title III, Secs. 304, 308(a), Sept. 3, 1982, 96 Stat. 587, 591;
Pub. L. 98-67, title I, Secs. 102(a), 108(c), Aug. 5, 1983, 97
Stat. 369, 383; Pub. L. 99-514, title XV, Sec. 1501(c)(3), Oct. 22,
1986, 100 Stat. 2737; Pub. L. 104-168, title XII, Sec. 1201(a)(4),
July 30, 1996, 110 Stat. 1469.)
-MISC1-
AMENDMENTS
1996 - Subsec. (e)(1). Pub. L. 104-168 substituted "name,
address, and phone number of the information contact" for "name and
address".
1986 - Subsec. (e). Pub. L. 99-514, in amending subsec. (e)
generally, substituted "information is required" for "information
is furnished" in heading and, in text, substituted references to
persons required to make a return for former references to persons
making a return and struck out provision directing that no
statement was required if the aggregate amount of payments made to
the person as shown on the return was less than $10.
1983 - Pub. L. 98-67 substituted in subsec. (e) "The written
statement required under the preceding sentence shall be furnished
(either in person or in a separate mailing by first-class mail) 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" for "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)(1) was made" and repealed amendments
made by Pub. L. 97-248. See 1982 Amendment note below.
1982 - Subsecs. (a)(1), (b)(1), (e), (f). Pub. L. 97-248 provided
that, applicable to payments of interest, dividends, and patronage
dividends paid or credited after June 30, 1983, subsecs. (a)(1),
(b)(1), and (e) are amended and a new subsec. (f) is added. Section
102(a), (b) of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369,
repealed subtitle A (Secs. 301-308) of Pub. L. 97-248 as of the
close of June 30, 1983, and provided that the Internal Revenue Code
of 1954 [now 1986] [this title] shall be applied and administered
(subject to certain exceptions) as if such subtitle A (and the
amendments made by such subtitle A) had not been enacted.
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
1966 - Subsec. (b)(1). Pub. L. 89-809, Sec. 211(d)(1), added
subpars. (D) and (E).
Subsec. (d). Pub. L. 89-809, Sec. 211(d)(2), inserted references
to qualified per-unit retain certificates.
1962 - Pub. L. 87-834 substituted "Returns regarding payments of
patronage dividends" for "Returns regarding patronage dividends" in
section catchline and amended text generally. Prior to amendment,
text read as follows:
"(a) Payments of $100 or More. - Any corporation allocating
amounts as patronage dividends, rebates, or refunds (whether in
cash, merchandise, capital stock, revolving fund certificates,
retain certificates, certificates of indebtedness, letters of
advice, or in some other manner that discloses to each patron the
amount of such dividend, refund, or rebate) shall make a return
showing -
"(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) Payments Regardless of Amount. - If required by the
Secretary or his delegate, any such corporation shall make a return
of all patronage dividends, rebates, or refunds made during the
calendar year to its patrons.
"(c) Exceptions. - This section shall not apply in the case of
any corporation (including any cooperative or nonprofit corporation
engaged in rural electrification) described in section 501(c)(12)
or (15) which is exempt from tax under section 501(a), or in the
case of any corporation subject to a tax imposed by subchapter L of
chapter 1."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-168 applicable to statements required to
be furnished after Dec. 31, 1996 (determined without regard to any
extension), see section 1201(b) of Pub. L. 104-168, set out as a
note under section 6041 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to returns the due date
for which (determined without regard to extensions) is after Oct.
22, 1986, see section 1501(e) of Pub. L. 99-514, set out as an
Effective Date note under section 6721 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 108(c) of Pub. L. 98-67 applicable with
respect to payments made after Dec. 31, 1983, see section 110(a) of
Pub. L. 98-67, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-809 applicable with respect to calendar
years after 1966, see section 211(e)(2) of Pub. L. 89-809, set out
as a note under section 1382 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-834 applicable to payments of dividends
and interest made on or after Jan. 1, 1963, and to payments of
amounts described in subsection (b) of this section made on or
after Jan. 1, 1963, with respect to patronage occurring on or after
the first day of the first taxable year of the cooperative
beginning on or after Jan. 1, 1963, see section 19(h) of Pub. L.
87-834, set out as a note under section 6042 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3406, 6041, 6652, 6724 of
this title.
-End-
-CITE-
26 USC Sec. 6045 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6045. Returns of brokers
-STATUTE-
(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 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) Broker
The term "broker" includes -
(A) a dealer,
(B) a barter exchange, and
(C) any other person who (for a consideration) regularly acts
as a middleman with respect to property or services.
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 (at such
time and 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 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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 747; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248,
title III, Sec. 311(a)(1), Sept. 3, 1982, 96 Stat. 600; Pub. L.
98-369, div. A, title I, Sec. 150(a), title VII, Sec. 714(e)(1),
July 18, 1984, 98 Stat. 690, 961; Pub. L. 99-514, title XV, Secs.
1501(c)(4), 1521(a), Oct. 22, 1986, 100 Stat. 2737, 2746; Pub. L.
100-647, title I, Sec. 1015(e)(1)(A), (2)(A), (3), title IV, Sec.
4005(g)(3), Nov. 10, 1988, 102 Stat. 3569, 3570, 3650; Pub. L.
101-239, title VII, Sec. 7814(c)(1), Dec. 19, 1989, 103 Stat. 2413;
Pub. L. 101-508, title XI, Sec. 11704(a)(25), Nov. 5, 1990, 104
Stat. 1388-519; Pub. L. 102-486, title XIX, Sec. 1939(a), Oct. 24,
1992, 106 Stat. 3034; Pub. L. 104-168, title XII, Sec. 1201(a)(5),
July 30, 1996, 110 Stat. 1469; Pub. L. 104-188, title I, Sec.
1704(o)(1), Aug. 20, 1996, 110 Stat. 1886; Pub. L. 105-34, title
III, Sec. 312(c), title X, Sec. 1021(a), Aug. 5, 1997, 111 Stat.
839, 922.)
-MISC1-
AMENDMENTS
1997 - Subsec. (e)(5). Pub. L. 105-34, Sec. 312(c), added par.
(5).
Subsec. (f). Pub. L. 105-34, Sec. 1021(a), added subsec. (f).
1996 - Subsec. (b)(1). Pub. L. 104-168 substituted "name,
address, and phone number of the information contact" for "name and
address".
Subsec. (e)(3). Pub. L. 104-188 inserted at end "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."
1992 - Subsec. (e)(4). Pub. L. 102-486 substituted heading for
one which read: "Whether seller's financing was
federally-subsidized" and amended text generally. Prior to
amendment, text read as follows: "In the case of a real estate
transaction involving a residence, the real estate reporting person
shall specify on the return under subsection (a) and the statement
under subsection (b) whether or not the financing (if any) of the
seller was federally-subsidized indebtedness (as defined in section
143(m)(3))."
1990 - Subsec. (e)(4). Pub. L. 101-508 substituted "reporting
person" for "broker".
1989 - Subsec. (e)(3), (4). Pub. L. 101-239 redesignated par.
(3), relating to whether seller's financing was
federally-subsidized indebtedness, as (4).
1988 - Subsec. (c)(1). Pub. L. 100-647, Sec. 1015(e)(1)(A),
inserted at end "A person shall not be treated as a broker with
respect to activities consisting of managing a farm on behalf of
another person."
Subsec. (e)(1). Pub. L. 100-647, Sec. 1015(e)(3)(A), substituted
"real estate reporting person" for "real estate broker".
Subsec. (e)(2). Pub. L. 100-647, Sec. 1015(e)(3), substituted
"estate reporting person" for "estate broker" in par. (2) heading
and two places in text.
Subsec. (e)(3). Pub. L. 100-647, Sec. 4005(g)(3), added par. (3)
relating to whether seller's financing was federally-subsidized
indebtedness.
Pub. L. 100-647, Sec. 1015(e)(2)(A), added par. (3) relating to
prohibition of separate charge for filing return.
1986 - Subsec. (b). Pub. L. 99-514, Sec. 1501(c)(4), in amending
subsec. (c) generally, substituted references to persons required
to make a return for former references to persons making a return.
Subsec. (e). Pub. L. 99-514, Sec. 1521(a), added subsec. (e).
1984 - Subsec. (c)(4). Pub. L. 98-369, Sec. 714(e)(1), added par.
(4).
Subsec. (d). Pub. L. 98-369, Sec. 150(a), added subsec. (d).
1982 - Pub. L. 97-248 designated existing provisions as subsec.
(a), substituted "the name and address of each customer, with such
details regarding gross proceeds" for "the names of customers for
whom such person has transacted any business, with such details
regarding the profits and losses" after "may prescribe, showing"
and "such business" for "each customer as will enable the Secretary
to determine the amount of such profits and losses" after "with
respect to", and added subsecs. (b) and (c).
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 312(c) of Pub. L. 105-34 applicable to sales
and exchanges after May 6, 1997, with certain exceptions, see
section 312(d) of Pub. L. 105-34, set out as a note under section
121 of this title.
Section 1021(c) of Pub. L. 105-34 provided that: "The amendment
made by this section [amending this section] shall apply to
payments made after December 31, 1997."
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 1704(o)(2) of Pub. L. 104-188 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if included in section 1015(e)(2)(A) of the Technical and
Miscellaneous Revenue Act of 1988 [Pub. L. 100-647]."
Amendment by Pub. L. 104-168 applicable to statements required to
be furnished after Dec. 31, 1996 (determined without regard to any
extension), see section 1201(b) of Pub. L. 104-168, set out as a
note under section 6041 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Section 1939(b) of Pub. L. 102-486 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
transactions after December 31, 1992."
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 effective, except as otherwise
provided, as if included in the provision of the Technical and
Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such
amendment relates, see section 7817 of Pub. L. 101-239, set out as
a note under section 1 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 1015(e)(1)(B) of Pub. L. 100-647 provided that: "The
amendment made by subparagraph (A) [amending this section] shall
take effect as if included in the amendments made by section
311(a)(1) of the Tax Equity and Fiscal Responsibility Act of 1982
[Pub. L. 97-248]."
Section 1015(e)(2)(B) of Pub. L. 100-647 provided that: "The
amendment made by subparagraph (A) [amending this section] shall
take effect on the date of the enactment of this Act [Nov. 10,
1988]."
Amendment by section 1015(e)(3) of Pub. L. 100-647 effective,
except as otherwise provided, as if included in the provision of
the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment
relates, see section 1019(a) of Pub. L. 100-647, set out as a note
under section 1 of this title.
Amendment by section 4005(g)(3) of Pub. L. 100-647 applicable to
financing provided, and mortgage credit certificates issued, after
Dec. 31, 1990, with certain exceptions, see section 4005(h)(3) of
Pub. L. 100-647, set out as a note under section 143 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1501(c)(4) of Pub. L. 99-514 applicable to
returns the due date for which (determined without regard to
extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.
99-514, set out as an Effective Date note under section 6721 of
this title.
Section 1521(c) of Pub. L. 99-514 provided that: "The amendments
made by this section [amending this section and section 3406 of
this title] shall apply to real estate transactions closing after
December 31, 1986."
EFFECTIVE DATE OF 1984 AMENDMENT
Section 150(b) of Pub. L. 98-369 provided that: "The amendment
made by this section [amending this section] shall apply to
payments received after December 31, 1984."
Amendment by section 714(e)(1) of Pub. L. 98-369 effective as if
included in the provision of the Tax Equity and Fiscal
Responsibility Act of 1982, Pub. L. 97-248, to which such amendment
relates, see section 715 of Pub. L. 98-369, set out as a note under
section 31 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 311(c)(1) of Pub. L. 97-248, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The
amendments made by subsection (a) [amending this section and
section 6678 of this title] shall take effect on the date of the
enactment of this Act [Sept. 3, 1982], except that -
"(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."
NO PENALTY FOR PAYMENTS BEFORE JANUARY 1, 1985
Section 714(e)(2) of Pub. L. 98-369, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "No
penalty shall be imposed under the Internal Revenue Code of 1986
[formerly I.R.C. 1954] with respect to any person required (by
reason of the amendment made by paragraph (1) [amending this
section]) to file a return under section 6045 of such Code with
respect to any payment before January 1, 1985."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1400C, 3406, 6041, 6049,
6721, 6722, 6724, 7603 of this title.
-End-
-CITE-
26 USC Sec. 6046 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6046. Returns as to organization or reorganization of foreign
corporations and as to acquisitions of their stock
-STATUTE-
(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) the information required shall be limited to the names and
addresses of persons described in paragraph (2) or (3) of
subsection (a).
(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.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 747; Pub. L. 86-780, Sec. 7(a),
Sept. 14, 1960, 74 Stat. 1016; Pub. L. 87-834, Sec. 20(b), Oct. 16,
1962, 76 Stat. 1061; Pub. L. 94-455, title XIX, Sec. 1906(a)(4),
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L. 97-248,
title III, Sec. 341(a), Sept. 3, 1982, 96 Stat. 635; Pub. L.
100-647, title I, Sec. 1012(i)(19), Nov. 10, 1988, 102 Stat. 3510;
Pub. L. 105-34, title XI, Sec. 1146(a), Aug. 5, 1997, 111 Stat.
986.)
-MISC1-
AMENDMENTS
1997 - Subsec. (a). Pub. L. 105-34 reenacted heading without
change and amended text generally. Prior to amendment, text read as
follows: "A return complying with the requirements of subsection
(b) shall be made by -
"(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). Pub. L. 100-647, Sec. 1012(i)(19)(C),
inserted sentence at end relating to foreign corporation with
respect to which any person is treated as a United States
shareholder under section 953(c).
Subsec. (a)(3), (4). Pub. L. 100-647, Sec. 1012(i)(19)(A), added
par. (3) and redesignated former par. (3) as (4).
Subsec. (b). Pub. L. 100-647, Sec. 1012(i)(19)(B), substituted
"paragraph (2) or (3) of subsection (a)" for "subsection (a)(2)".
1982 - Subsec. (d). Pub. L. 97-248 inserted "(or on or before
such later day as the Secretary may by forms or regulations
prescribe)".
1976 - Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out "or his delegate" after "Secretary".
Subsec. (e). Pub. L. 94-455, Sec. 1906(a)(4), struck out
provisions relating to the requirement for information to be
furnished in the case of liability to file a return under subsec.
(a) of this section arising on or after Jan. 1, 1963, and before
June 1, 1963, under regulations in effect on or before June 1,
1963.
1962 - Pub. L. 87-834 substituted "organization or reorganization
of foreign corporations and as to acquisitions of their stock" for
"creation or organization, or reorganization, of foreign
corporations" in section catchline.
Subsec. (a). Pub. L. 87-834 amended subsec. (a) generally. Prior
to amendment, subsec. (a) read as follows:
"(a) General Rule. - On or before the 90th day after the creation
or organization, or reorganization, of any foreign corporation -
"(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). Pub. L. 87-834 inserted the exception providing that
in the case of persons described only in subsec. (a)(1) the
information required shall be limited to the names and addresses of
persons described in subsec. (a)(2).
Subsec. (c). Pub. L. 87-834 substituted provisions requiring, for
purposes of subsec. (a), stock owned directly or indirectly by a
person (including, in the case of an individual, stock owned by
members of his family) to be taken into account for provisions
which defined "United States shareholder".
Subsecs. (d) to (f). Pub. L. 87-834 added subsecs. (d) and (e)
and redesignated former subsec. (d) as (f) and inserted a reference
to section 6679 of this title.
1960 - Pub. L. 86-780 substituted "Returns as to creation or
organization, or reorganization, of foreign corporations" for
"Returns as to formation or reorganization of foreign corporations"
in section catchline.
Subsec. (a). Pub. L. 86-780 substituted requirement that returns
relating to the creation, organization, or reorganization of
foreign corporations be made by every citizen or resident of the
United States who was an officer or director of the corporation at
any time within 60 days after its creation, organization, or
reorganization, and by every United States shareholder of the
corporation owning at least 5 percent of its outstanding stock at
any time within such 60 days for requirement that every attorney,
accountant, fiduciary, bank, trust company, financial institution,
or other person, who advises as to the formation or reorganization
of a foreign corporation, file a return in accordance with
regulations prescribed by the Secretary of the Treasury or his
delegate.
Subsec. (b). Pub. L. 86-780 reenacted the substance of subsec.
(b), struck out "to the full extent of the information within the
possession or knowledge or under the control of the person required
to make the return" before "such information".
Subsec. (c). Pub. L. 86-780 inserted the provisions defining
United States shareholder and members of family and struck out
provision relating to the making of a return by an attorney-at-law
with respect to privileged communications.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1146(b) of Pub. L. 105-34 provided that: "The amendment
made by this section [amending this section] shall take effect on
January 1, 1998."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 341(c) of Pub. L. 97-248 provided that: "The amendments
made by this section [amending this section and section 6048 of
this title] shall apply to returns filed after the date of the
enactment of this Act [Sept. 3, 1982]."
EFFECTIVE DATE OF 1962 AMENDMENT
Section 20(e)(2) of Pub. L. 87-834 provided that: "The amendments
made by subsection (b) [amending this section] shall take effect on
January 1, 1963."
EFFECTIVE DATE OF 1960 AMENDMENT
Section 8 of Pub. L. 86-780 provided that: "The amendments made
by section 7 [amending this section] shall apply only with respect
to foreign corporations created or organized, or reorganized, after
the date of the enactment of this Act [Sept. 14, 1960]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 964, 6501, 6679 of this
title.
-End-
-CITE-
26 USC Sec. 6046A 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6046A. Returns as to interests in foreign partnerships
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 97-248, title IV, Sec. 405(a), Sept. 3, 1982, 96
Stat. 669; amended Pub. L. 105-34, title XI, Sec. 1143(a), Aug. 5,
1997, 111 Stat. 983.)
-MISC1-
AMENDMENTS
1997 - Subsec. (a). Pub. L. 105-34, Sec. 1143(a)(1), inserted at
end "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."
Subsecs. (d), (e). Pub. L. 105-34, Sec. 1143(a)(2), added subsec.
(d) and redesignated former subsec. (d) as (e).
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1143(c) of Pub. L. 105-34 provided that: "The amendments
made by this section [amending this section and section 6679 of
this title] shall apply to transfers and changes after the date of
the enactment of this Act [Aug. 5, 1997]."
EFFECTIVE DATE
Section 407(b) of Pub. L. 97-248 provided that: "The amendments
made by section 405 [enacting this section and amending section
6679 of this title] shall apply with respect to acquisitions or
dispositions of, or substantial changes in, interests in foreign
partnerships occurring after the date of the enactment of this Act
[Sept. 3, 1982]."
SPECIAL RULE FOR CERTAIN INTERNATIONAL SATELLITE PARTNERSHIPS
For provision that this section is not applicable to certain
international satellite partnerships, see section 406 of Pub. L.
97-248, set out as a note under section 6231 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6038B, 6501, 6679 of this
title.
-End-
-CITE-
26 USC Sec. 6047 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6047. Information relating to certain trusts and annuity plans
-STATUTE-
(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) 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.
-SOURCE-
(Added Pub. L. 87-792, Sec. 7(m)(1), Oct. 10, 1962, 76 Stat. 830;
amended Pub. L. 93-406, title II, Secs. 1031(c)(3), 2002(g)(8),
Sept. 2, 1974, 88 Stat. 947, 970; Pub. L. 94-455, title XV, Sec.
1501(b)(9), title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat.
1737, 1834; Pub. L. 97-34, title III, Sec. 311(h)(8), Aug. 13,
1981, 95 Stat. 282; Pub. L. 97-248, title III, Sec. 334(b), Sept.
3, 1982, 96 Stat. 626; Pub. L. 97-448, title I, Sec. 103(c)(12)(C),
Jan. 12, 1983, 96 Stat. 2377; Pub. L. 98-369, div. A, title IV,
Sec. 491(d)(47), (57), July 18, 1984, 98 Stat. 852; Pub. L. 99-514,
title XV, Sec. 1501(d)(1)(D), title XVIII, Sec. 1848(e)(2), Oct.
22, 1986, 100 Stat. 2740, 2857; Pub. L. 101-239, title VII, Sec.
7301(e), Dec. 19, 1989, 103 Stat. 2349; Pub. L. 102-318, title V,
Sec. 522(b)(2)(D), (E), July 3, 1992, 106 Stat. 314; Pub. L.
104-188, title I, Secs. 1455(b)(2), (d)(1), 1602(b)(6), Aug. 20,
1996, 110 Stat. 1818, 1834; Pub. L. 107-16, title VI, Sec.
617(d)(2), June 7, 2001, 115 Stat. 106.)
-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 107-16, title VI, Sec. 617(d)(2), (f), title IX, Sec.
901, June 7, 2001, 115 Stat. 106, 150, provided that, applicable to
taxable years beginning after Dec. 31, 2005, this section is
temporarily amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new
subsection:
(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.
See Effective and Termination Dates of 2001 Amendment note below.
-MISC1-
AMENDMENTS
1996 - Subsec. (d)(1). Pub. L. 104-188, Sec. 1455(b)(2), inserted
at end "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."
Subsec. (e)(1) to (3). Pub. L. 104-188, Sec. 1602(b)(6), added
pars. (1) and (2) and struck out former pars. (1) to (3) which read
as follows:
"(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). Pub. L. 104-188, Sec. 1455(d)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: "For
provisions relating to penalties for failure to file a return
required by this section, see section 6652(e)."
1992 - Subsec. (d)(1)(A). Pub. L. 102-318, Sec. 522(b)(2)(E),
which directed the substitution of "section 3405(d)(3)" for
"section 3405(d)(1)", could not be executed because of the prior
amendment by Pub. L. 102-318, Sec. 522(b)(2)(D). See below.
Pub. L. 102-318, Sec. 522(b)(2)(D), substituted "3405(e)(1)" for
"3405(d)(1)".
1989 - Subsecs. (e), (f). Pub. L. 101-239 added subsec. (e) and
redesignated former subsec. (e) as (f).
1986 - Subsec. (e)(1). Pub. L. 99-514, Sec. 1501(d)(1)(D),
substituted "section 6652(e)" for "section 6652(f)".
Subsec. (e)(3). Pub. L. 99-514, Sec. 1848(e)(2), added par. (3).
1984 - Pub. L. 98-369, Sec. 491(d)(57), struck out "and bond
purchase" after "trusts and annuity" in section catchline.
Subsecs. (c) to (f). Pub. L. 98-369, Sec. 491(d)(47),
redesignated former subsecs. (d) to (f) as (c) to (e),
respectively, and struck out former subsec. (c) which related to
information to be supplied by employees under qualified bond
purchase plans.
1983 - Subsec. (d). Pub. L. 97-448 substituted "section 219" for
"section 219(a)".
1982 - Subsecs. (e), (f). Pub. L. 97-248 added subsec. (e) and
redesignated former subsec. (e) as (f).
1981 - Subsec. (d). Pub. L. 97-34 substituted "section 219(a)"
for "section 219(a) or 220(a)".
1976 - Subsecs. (a) to (d). Pub. L. 94-455, Sec. 1906(b)(13)(A),
struck out "or his delegate" after "Secretary" wherever appearing.
Subsec. (d). Pub. L. 94-455, Sec. 1501(b)(9), inserted "or
220(a)" after "section 219(a)".
1974 - Subsec. (d). Pub. L. 93-406, Sec. 2002(g)(8), added
subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 93-406, Secs. 1031(c)(3), 2002(g)(8),
redesignated former subsec. (d) as (e), and inserted reference to
section 6652(f) covering provisions relating to penalties for
failure to file a return required by this section.
EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT
Amendment by Pub. L. 107-16 applicable to taxable years beginning
after Dec. 31, 2005, see section 617(f) of Pub. L. 107-16, set out
as a note under section 402 of this title.
Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or
limitation years beginning after Dec. 31, 2010, and the Internal
Revenue Code of 1986 to be applied and administered to such years
as if such amendment had never been enacted, see section 901 of
Pub. L. 107-16, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 1455(b)(2), (d)(1) of Pub. L. 104-188
applicable to returns, reports, and other statements the due date
for which (determined without regard to extensions) is after Dec.
31, 1996, see section 1455(e) of Pub. L. 104-188, set out as a note
under section 408 of this title.
Amendment by section 1602(b)(6) of Pub. L. 104-188 applicable to
loans made after Aug. 20, 1996, with exception and provisions
relating to certain refinancings, see section 1602(c) of Pub. L.
104-188, set out as an Effective Date of Repeal note under former
section 133 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-318 applicable, except as otherwise
provided, to distributions after Dec. 31, 1992, see section 522(d)
of Pub. L. 102-318.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239, applicable, except as otherwise
provided, to loans made after July 10, 1989, see section 7301(f) of
Pub. L. 101-239, set out as a note under section 133 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1501(d)(1)(D) of Pub. L. 99-514 applicable
to returns the due date for which (determined without regard to
extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.
99-514, set out as an Effective Date note under section 6721 of
this title.
Amendment by section 1848(e)(2) of Pub. L. 99-514 effective,
except as otherwise provided, as if included in the provisions of
the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such
amendment relates, see section 1881 of Pub. L. 99-514, set out as a
note under section 48 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable to obligations issued
after Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set
out as a note under section 62 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-448 effective, except as otherwise
provided, as if it had been included in the provision of the
Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such
amendment relates, see section 109 of Pub. L. 97-448, set out as a
note under section 1 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 effective Jan. 1, 1983, see section
334(e) of Pub. L. 97-248, set out as an Effective Date note under
section 3405 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to taxable years beginning
after Dec. 31, 1981, see section 311(i)(1) of Pub. L. 97-34, set
out as a note under section 219 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1501(b)(9) of Pub. L. 94-455 applicable to
taxable years beginning after Dec. 31, 1976, see section 1501(d) of
Pub. L. 94-455, set out as a note under section 62 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by section 1031(c)(3) of Pub. L. 93-406 effective Sept.
2, 1974, see section 1034 of Pub. L. 93-406, set out as an
Effective Date note under section 6057 of this title.
Amendment by section 2002(g)(8) of Pub. L. 93-406 effective Jan.
1, 1975, see section 2002(i)(2) of Pub. L. 93-406, set out as an
Effective Date note under section 4973 of this title.
EFFECTIVE DATE
Section applicable to taxable years beginning after Dec. 31,
1962, see section 8 of Pub. L. 87-792, set out as a note under
section 22 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1998
For provisions directing that if any amendments made by subtitle
D [Secs. 1401-1465] of title I of Pub. L. 104-188 require an
amendment to any plan or annuity contract, such amendment shall not
be required to be made before the first day of the first plan year
beginning on or after Jan. 1, 1998, see section 1465 of Pub. L.
104-188, set out as a note under section 401 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994
For provisions directing that if any amendments made by subtitle
B [Secs. 521-523] of title V of Pub. L. 102-318 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1994, see section 523 of Pub. L. 102-318, set out as a note under
section 401 of this title.
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 [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6041, 6652, 6704, 6724,
7207 of this title.
-End-
-CITE-
26 USC Sec. 6048 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6048. Information with respect to certain foreign trusts
-STATUTE-
(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 chapter 1, or
(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 chapter 1, such person shall be responsible to
ensure that -
(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 chapter 1 shall
be determined by the Secretary.
(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 chapter 1. To the extent provided in
regulations, the preceding sentence shall not apply if the
foreign trust elects to be subject to rules similar to the
rules of subsection (b)(2)(B).
(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 1/2 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 chapter 1 shall be disregarded.
(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.
-SOURCE-
(Added Pub. L. 87-834, Sec. 7(f), Oct. 16, 1962, 76 Stat. 987;
amended Pub. L. 94-455, title X, Sec. 1013(d)(1), (e)(3), (4),
title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1616, 1834;
Pub. L. 97-248, title III, Sec. 341(b), Sept. 3, 1982, 96 Stat.
635; Pub. L. 104-188, title I, Sec. 1901(a), Aug. 20, 1996, 110
Stat. 1904; Pub. L. 105-34, title X, Sec. 1027(b), title XVI, Sec.
1601(i)(1), Aug. 5, 1997, 111 Stat. 926, 1092.)
-MISC1-
AMENDMENTS
1997 - Subsec. (b). Pub. L. 105-34, Sec. 1601(i)(1), substituted
"owner" for "grantor" in heading.
Subsec. (d)(5). Pub. L. 105-34, Sec. 1027(b), added par. (5).
1996 - Pub. L. 104-188 amended section generally, substituting
provisions calling for improved information reporting on foreign
trusts for provisions calling for the filing of returns as to
foreign trusts, prescribing the form and contents of such returns,
and requiring annual returns for foreign trusts with one or more
United States beneficiaries.
1982 - Subsec. (a). Pub. L. 97-248 inserted "(or on or before
such later day as the Secretary may by regulations prescribe)"
after "the 90th day".
1976 - Pub. L. 94-455, Sec. 1013(e)(4), struck out "creation of
or transfer to" after "Returns as to" in section catchline.
Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or
his delegate" after "Secretary".
Subsecs. (c), (d). Pub. L. 94-455, Sec. 1013(d)(1), (e)(3), added
subsec. (c), redesignated former subsec. (c) as (d), and in subsec.
(d) struck out cross reference to section 643(d) for definition of
"foreign trust created by a United States person".
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 1027(b) of Pub. L. 105-34 applicable to
returns of beneficiaries and owners filed after Aug. 5, 1997, see
section 1027(c) of Pub. L. 105-34, set out as a note under section
6034A of this title.
Amendment by section 1601(i)(1) of Pub. L. 105-34 effective as if
included in the provisions of the Small Business Job Protection Act
of 1996, Pub. L. 104-188, to which it relates, see section 1601(j)
of Pub. L. 105-34, set out as a note under section 23 of this
title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1901(d) of Pub. L. 104-188 provided that:
"(1) Reportable events. - To the extent related to subsection (a)
of section 6048 of the Internal Revenue Code of 1986, as amended by
this section, the amendments made by this section [amending this
section and sections 6677 and 6724 of this title] shall apply to
reportable events (as defined in such section 6048) occurring after
the date of the enactment of this Act [Aug. 20, 1996].
"(2) Grantor trust reporting. - To the extent related to
subsection (b) of such section 6048, the amendments made by this
section shall apply to taxable years of United States persons
beginning after December 31, 1995.
"(3) Reporting by united states beneficiaries. - To the extent
related to subsection (c) of such section 6048, the amendments made
by this section shall apply to distributions received after the
date of the enactment of this Act."
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 applicable to returns filed after
Sept. 3, 1982, see section 341(c) of Pub. L. 97-248, set out as a
note under section 6046 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 679, 6039F, 6501, 6677,
6724 of this title.
-End-
-CITE-
26 USC Sec. 6049 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
-HEAD-
Sec. 6049. Returns regarding payments of interest
-STATUTE-
(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 (15
U.S.C. 80a-3)) and on amounts invested in other pooled funds or
trusts, and
(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) interest on any obligation if such interest is exempt
from tax under section 103(a) or if such interest is exempt
from tax (without regard to the identity of the holder) under
any other provision of this title,
(C) 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
(D) except to the extent otherwise provided in regulations,
any amount not described in subparagraph (C) 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
chapter 3 if paid to a person who is not a United States
person, or
(v) a partnership not engaged in a trade or business in the
United States and composed in whole of nonresident alien
individuals and person 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 chapter 3
(relating to withholding of tax on nonresident aliens and
foreign corporations) by the person paying such amount, or
(B) would be subject to withholding under subchapter A of
chapter 3 by the person paying such amount but for the fact
that -
(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.
-SOURCE-
(Added Pub. L. 87-834, Sec. 19(c), Oct. 16, 1962, 76 Stat. 1055;
amended Pub. L. 91-172, title IV, Sec. 413(c), (d), Dec. 30, 1969,
83 Stat. 611, 612; Pub. L. 94-455, title XIX, Secs. 1901(b)(6)(A),
1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1793, 1834; Pub. L. 97-248,
title III, Secs. 303(b), 308(a), 309(a), Sept. 3, 1982, 96 Stat.
587, 591; Pub. L. 97-424, title V, Sec. 547(b)(4), Jan. 6, 1983, 96
Stat. 2200; Pub. L. 98-67, title I, Secs. 102(a), (e), 108(a), Aug.
5, 1983, 97 Stat. 369, 370, 383; Pub. L. 98-369, div. A, title I,
Sec. 42(a)(14), title IV, Sec. 474(r)(29)(J), July 18, 1984, 98
Stat. 557, 845; Pub. L. 99-514, title VI, Sec. 674, title XII, Sec.
1214(c)(4), title XV, Sec. 1501(c)(5), title XVIII, Sec.
1803(a)(14)(C), Oct. 22, 1986, 100 Stat. 2319, 2543, 2737, 2797;
Pub. L. 100-647, title I, Sec. 1006(t)(24), (v), Nov. 10, 1988, 102
Stat. 3426, 3427; Pub. L. 104-168, title XII, Sec. 1201(a)(6), July
30, 1996, 110 Stat. 1469.)
-REFTEXT-
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, 54 Stat. 789,
as amended, which is classified generally to subchapter I (Sec.
80a-1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see section 80a-51
of Title 15 and Tables.
-MISC1-
AMENDMENTS
1996 - Subsec. (c)(1)(A). Pub. L. 104-168 substituted "name,
address, and phone number of the information contact" for "name and
address".
1988 - Subsec. (d)(7)(A). Pub. L. 100-647, Sec. 1006(v), inserted
parenthetical phrase relating to amounts treated as paid when
includible in gross income under section 860B(b).
Subsec. (d)(7)(C). Pub. L. 100-647, Sec. 1006(t)(24), substituted
"the adjusted issue price" for "the issue price".
1986 - Subsec. (b)(5)(B)(iii). Pub. L. 99-514, Sec.
1803(a)(14)(C), substituted "section 1273(a)" for "section
1232(b)(1)".
Subsec. (b)(5)(B)(iv). Pub. L. 99-514, Sec. 1214(c)(4), added cl.
(iv).
Subsec. (c). Pub. L. 99-514, Sec. 1501(c)(5), in amending subsec.
(c) generally, substituted "information is required" for
"information is furnished" in subsection heading and, in text,
substituted references to persons required to make a return for
former references to persons making a return and struck out
provisions that no statement was required if the aggregate amount
of payments to the person shown on the return was less than $10.
Subsec. (d)(7). Pub. L. 99-514, Sec. 674, added par. (7).
1984 - Subsec. (b)(2)(E). Pub. L. 98-369, Sec. 474(r)(29)(J),
struck out subpar. (E) which related to amounts on which the person
making payments was required to deduct and withhold a tax under
section 1451 (relating to tax-free covenant bonds), or would have
been so required but for section 1451(d) (relating to benefit of
personal exemptions).
Subsec. (d)(6)(A). Pub. L. 98-369, Sec. 42(a)(14)(A), substituted
"section 1272" for "section 1232A" in two places.
Subsec. (d)(6)(B). Pub. L. 98-369, Sec. 42(a)(14)(B), substituted
"section 1273(a)" for "section 1232(b)(1)".
1983 - Subsec. (a). Pub. L. 98-67, Sec. 102(e)(1), struck out
par. (3) which related to persons required under subchapter B of
chapter 24 to withhold tax on the payment of interest and, in
provisions following par. (2), substituted "and the name and
address of the person to whom paid" for ", tax deducted and
withheld, and the name and address of the person to whom paid or
from whom withheld".
Subsec. (b)(2)(B). Pub. L. 97-424 substituted "this title" for
"law".
Subsec. (b)(2)(C). Pub. L. 98-67, Sec. 102(e)(2), amended subpar.
(C) generally, substituting in cl. (i) "person described in
paragraph (4), or" for "person referred to in paragraph (2) of
section 3452(c) (other than subparagraphs (J) and (K) thereof), or"
and in cl. (ii) "described in paragraph (5)," for "described in
section 3454(a)(2)(D) or (E),".
Subsec. (b)(4), (5). Pub. L. 98-67, Sec. 102(e)(2)(B), added
pars. (4) and (5).
Subsec. (c)(1)(C). Pub. L. 98-67, Sec. 102(e)(3), struck out
subpar. (C) which related to aggregate amount of tax deducted and
withheld with respect to the person under subchapter B of chapter
24.
Subsec. (c)(2). Pub. L. 98-67, Sec. 108(a), amended par. (2)
generally, inserting provision allowing the written statement to be
furnished either in person or in a separate mailing by |