Legislación

US (United States) Code. Title 26. Subtitle F: Procedure and Administration. Chapter 61: Information and returns

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

26 USC CHAPTER 61 - INFORMATION AND RETURNS 01/06/03

-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.

-End-

-CITE-

26 USC Subchapter A - Returns and Records 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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.

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 01/06/03

-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 01/06/03

-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).

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)

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.

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.)

-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.

-End-

-CITE-

26 USC Sec. 6013 01/06/03

-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

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.

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 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.

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

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

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.)

-MISC1-

AMENDMENTS

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 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 01/06/03

-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 01/06/03

-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;

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).

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.

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.

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

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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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

(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.

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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-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 01/06/03

-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 01/06/03

-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.

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 01/06/03

-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 01/06/03

-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.

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)),

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

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.

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).

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.

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,

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 2003 for determining applicability of subsection (e)(3) of this

section to certain exempt organizations, see section 3.27 of

Revenue Procedure 2002-70, 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 01/06/03

-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).

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 01/06/03

-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).

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 01/06/03

-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.

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 01/06/03

-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 01/06/03

-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.

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 01/06/03

-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));

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.

(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.

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.

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 01/06/03

-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.

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

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

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.

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.

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 01/06/03

-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.

(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 01/06/03

-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).

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