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

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-CITE-

26 USC Sec. 6041 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6041. Information at source

-STATUTE-

(a) Payments of $600 or more

All persons engaged in a trade or business and making payment in

the course of such trade or business to another person, of rent,

salaries, wages, premiums, annuities, compensations, remunerations,

emoluments, or other fixed or determinable gains, profits, and

income (other than payments to which section 6042(a)(1),

6044(a)(1), 6047(e), 6049(a), or 6050N(a) applies, and other than

payments with respect to which a statement is required under the

authority of section 6042(a)(2), 6044(a)(2), or 6045), or $600 or

more in any taxable year, or, in the case of such payments made by

the United States, the officers or employees of the United States

having information as to such payments and required to make returns

in regard thereto by the regulations hereinafter provided for,

shall render a true and accurate return to the Secretary, under

such regulations and in such form and manner and to such extent as

may be prescribed by the Secretary, setting forth the amount of

such gains, profits, and income, and the name and address of the

recipient of such payment.

(b) Collection of foreign items

In the case of collections of items (not payable in the United

States) of interest upon the bonds of foreign countries and

interest upon the bonds of and dividends from foreign corporations

by any person undertaking as a matter of business or for profit the

collection of foreign payments of such interest or dividends by

means of coupons, checks, or bills of exchange, such person shall

make a return according to the forms or regulations prescribed by

the Secretary, setting forth the amount paid and the name and

address of the recipient of each such payment.

When necessary to make effective the provisions of this section,

the name and address of the recipient of income shall be furnished

upon demand of the person paying the income.

(d) Statements to be furnished to persons with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each person with respect to whom such a return is

required a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the aggregate amount of payments to the person required to

be shown on the return.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made. To the extent provided in regulations

prescribed by the Secretary, this subsection shall also apply to

persons required to make returns under subsection (b).

(e) Section does not apply to certain tips

This section shall not apply to tips with respect to which

section 6053(a) (relating to reporting of tips) applies.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 745; Pub. L. 87-834, Sec. 19(f),

Oct. 16, 1962, 76 Stat. 1058; Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95-600, title

V, Sec. 501(b), Nov. 6, 1978, 92 Stat. 2878; Pub. L. 97-34, title

VII, Sec. 723(b)(1), Aug. 13, 1981, 95 Stat. 344; Pub. L. 97-248,

title III, Sec. 309(b)(1), Sept. 3, 1982, 96 Stat. 595; Pub. L.

98-369, div. A, title VII, Sec. 722(h)(4)(B), July 18, 1984, 98

Stat. 976; Pub. L. 99-514, title XV, Secs. 1501(c)(1), 1523(b)(2),

Oct. 22, 1986, 100 Stat. 2736, 2748; Pub. L. 104-168, title XII,

Sec. 1201(a)(1), July 30, 1996, 110 Stat. 1469.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

1986 - Subsec. (a). Pub. L. 99-514, Sec. 1523(b)(2), substituted

"6049(a), or 6050N(a)" for "or 6049(a)".

Subsec. (d). Pub. L. 99-514, Sec. 1501(c)(1), in amending subsec.

(d) generally, substituted "information is required" for

"information is furnished" in heading and, in text, substituted

references to persons required to make returns for former

references to persons making returns.

1984 - Subsec. (a). Pub. L. 98-369 inserted "6047(e),".

1982 - Subsec. (a). Pub. L. 97-248 substituted "6049(a)" for

"6049(a)(1)", and "or 6045" for "6045, 6049(a)(2), or 6049(a)(3)".

1981 - Subsecs. (d), (e). Pub. L. 97-34 added subsec. (d) and

redesignated former subsec. (d) as (e).

1978 - Subsecs. (c), (d). Pub. L. 95-600 added subsec. (d) and

redesignated subsec. (d) as (c).

1976 - Subsecs. (a), (b). Pub. L. 94-455 struck out "or his

delegate" after "Secretary".

1962 - Subsec. (a). Pub. L. 87-834, Sec. 19(f)(1), substituted

"(other than payments to which section 6042(a)(1), 6044(a)(1), or

6049(a)(1) applies, and other than payments with respect to which a

statement is required under the authority of section 6042(a)(2),

6044(a)(2), 6045, 6049(a)(2), or 6049(a)(3))" for "other than

payments described in section 6042(1) or section 6045)".

Subsec. (c). Pub. L. 87-834, Sec. 19(f)(2), repealed subsec. (c)

which related to returns of payments of interest by corporations.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1201(b) of Pub. L. 104-168 provided that: "The amendments

made by subsection (a) [amending this section and sections 6041A,

6042, 6044, 6045, 6049, 6050B, 6050H to 6050K, and 6050N of this

title] shall apply to statements required to be furnished after

December 31, 1996 (determined without regard to any extension)."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1501(c)(1) of Pub. L. 99-514 applicable to

returns the due date for which (determined without regard to

extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.

99-514, set out as an Effective Date note under section 6721 of

this title.

Amendment by section 1523(b)(2) of Pub. L. 99-514 applicable to

payments made after Dec. 31, 1986, see section 1523(d) of Pub. L.

99-514, set out as an Effective Date note under section 6050N of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable to payments or

distributions after Dec. 31, 1984, unless the payor elects to have

such amendment apply to payments or distributions before Jan. 1,

1985, see section 722(h)(5)(B) of Pub. L. 98-369, set out as a note

under section 643 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 applicable to amounts paid (or

treated as paid) after Dec. 31, 1982, see section 309(c) of Pub. L.

97-248, set out as a note under section 6049 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-34 applicable to returns and statements

required to be furnished after Dec. 31, 1981, see section 723(c) of

Pub. L. 97-34, set out as a note under section 6652 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-600 applicable to payments made after

Dec. 31, 1978, see section 501(c) of Pub. L. 95-600, set out as a

note under section 6001 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-834 applicable to payments of dividends

and interest made on or after Jan. 1, 1963, and to payments of

amounts described in section 6044(b) of this title made on or after

Jan. 1, 1963. with respect to patronage occurring on or after the

first day of the first taxable year of the cooperative beginning on

or after Jan. 1, 1963, see section 19(h) of Pub. L. 87-834, set out

as a note under section 6042 of this title.

ALLOWANCE OF ELECTRONIC 1099'S

Pub. L. 107-147, title IV, Sec. 401, Mar. 9, 2002, 116 Stat. 40,

provided that: "Any person required to furnish a statement under

any section of subpart B of part III of subchapter A of chapter 61

of the Internal Revenue Code of 1986 for any taxable year ending

after the date of the enactment of this Act [Mar. 9, 2002], may

electronically furnish such statement (without regard to any first

class mailing requirement) to any recipient who has consented to

the electronic provision of the statement in a manner similar to

the one permitted under regulations issued under section 6051 of

such Code or in such other manner as provided by the Secretary."

EMPLOYER'S DUTIES IN CONNECTION WITH RECORDING AND REPORTING OF

TIPS

Pub. L. 94-455, title XXI, Sec. 2211, Oct. 4, 1976, 90 Stat.

1905, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100

Stat. 2095, provided that:

"(a) Suspension of Rulings. - Until January 1, 1979, the law with

respect to the duty of an employer under section 6041(a) of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954] to report

charge account tips of employees to the Internal Revenue Service

(other than charge account tips included in statements furnished to

the employer under section 6053(a) of such Code) shall be

administered -

"(1) without regard to Revenue Rulings 75-400 and 76-231, and

"(2) in accordance with the manner in which such law was

administered before the issuance of such rulings.

"(b) Effective Date. - This section shall take effect on January

1, 1976."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3406, 3509, 6045, 6051,

6724 of this title; title 25 section 2719.

-End-

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26 USC Sec. 6041A 01/06/03

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TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 61 - INFORMATION AND RETURNS

Subchapter A - Returns and Records

PART III - INFORMATION RETURNS

Subpart B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6041A. Returns regarding payments of remuneration for services

and direct sales

-STATUTE-

(a) Returns regarding remuneration for services

If -

(1) any service-recipient engaged in a trade or business pays

in the course of such trade or business during any calendar year

remuneration to any person for services performed by such person,

and

(2) the aggregate of such remuneration paid to such person

during such calendar year is $600 or more,

then the service-recipient shall make a return, according to the

forms or regulations prescribed by the Secretary, setting forth the

aggregate amount of such payments and the name and address of the

recipient of such payments. For purposes of the preceding sentence,

the term "service-recipient" means the person for whom the service

is performed.

(b) Direct sales of $5,000 or more

(1) In general

If -

(A) any person engaged in a trade or business in the course

of such trade or business during any calendar year sells

consumer products to any buyer on a buy-sell basis, a

deposit-commission basis, or any similar basis which the

Secretary prescribes by regulations, for resale (by the buyer

or any other person) in the home or otherwise than in a

permanent retail establishment, and

(B) the aggregate amount of the sales to such buyer during

such calendar year is $5,000 or more,

then such person shall make a return, according to the forms or

regulations prescribed by the Secretary, setting forth the name

and address of the buyer to whom such sales are made.

(2) Definitions

For purposes of paragraph (1) -

(A) Buy-sell basis

A transaction is on a buy-sell basis if the buyer performing

the services is entitled to retain part or all of the

difference between the price at which the buyer purchases the

product and the price at which the buyer sells the product as

part or all of the buyer's remuneration for the services, and

(B) Deposit-commission basis

A transaction is on a deposit-commission basis if the buyer

performing the services is entitled to retain part or all of a

purchase deposit paid by the consumer in connection with the

transaction as part or all of the buyer's remuneration for the

services.

No return shall be required under subsection (a) or (b) if a

statement with respect to the services is required to be furnished

under section 6051, 6052, or 6053.

(d) Applications to governmental units

(1) Treated as persons

The term "person" includes any governmental unit (and any

agency or instrumentality thereof).

(2) Special rules

In the case of any payment by a governmental entity or any

agency or instrumentality thereof -

(A) subsection (a) shall be applied without regard to the

trade or business requirement contained therein, and

(B) any return under this section shall be made by the

officer or employee having control of the payment or

appropriately designated for the purpose of making such return.

(3) Payments to corporations by Federal executive agencies

(A) In general

Notwithstanding any regulation prescribed by the Secretary

before the date of the enactment of this paragraph, subsection

(a) shall apply to remuneration paid to a corporation by any

Federal executive agency (as defined in section 6050M(b)).

(B) Exception

Subparagraph (A) shall not apply to -

(i) services under contracts described in section

6050M(e)(3) with respect to which the requirements of section

6050M(e)(2) are met, and

(ii) such other services as the Secretary may specify in

regulations prescribed after the date of the enactment of

this paragraph.

(e) Statements to be furnished to persons with respect to whom

information is required to be furnished

Every person required to make a return under subsection (a) or

(b) shall furnish to each person whose name is required to be set

forth in such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) in the case of subsection (a), the aggregate amount of

payments to the person required to be shown on such return.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was made.

(f) Recipient to furnish name, address, and identification number;

inclusion on return

(1) Furnishing of information

Any person with respect to whom a return or statement is

required under this section to be made by another person shall

furnish to such other person his name, address, and

identification number at such time and in such manner as the

Secretary may prescribe by regulations.

(2) Inclusion on return

The person to whom an identification number is furnished under

paragraph (1) shall include such number on any return which such

person is required to file under this section and to which such

identification number relates.

-SOURCE-

(Added Pub. L. 97-248, title III, Sec. 312(a), Sept. 3, 1982, 96

Stat. 601; amended Pub. L. 104-168, title XII, Sec. 1201(a)(2),

July 30, 1996, 110 Stat. 1469; Pub. L. 105-34, title X, Sec.

1022(a), Aug. 5, 1997, 111 Stat. 923.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred to in

subsec. (d)(3), is the date of enactment of Pub. L. 105-34, which

was approved Aug. 5, 1997.

-MISC1-

AMENDMENTS

1997 - Subsec. (d)(3). Pub. L. 105-34 added par. (3).

1996 - Subsec. (e)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1022(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall apply to returns

the due date for which (determined without regard to any extension)

is more than 90 days after the date of the enactment of this Act

[Aug. 5, 1997]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE

Section 312(c) of Pub. L. 97-248 provided that: "The amendments

made by this section [enacting this section and amending section

6678 of this title] shall apply to payments and sales made after

December 31, 1982."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3406, 3509, 6721, 6722,

6724 of this title.

-End-

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26 USC Sec. 6042 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6042. Returns regarding payments of dividends and corporate

earnings and profits

-STATUTE-

(a) Requirement of reporting

(1) In general

Every person -

(A) who makes payments of dividends aggregating $10 or more

to any other person during any calendar year, or

(B) who receives payments of dividends as a nominee and who

makes payments aggregating $10 or more during any calendar year

to any other person with respect to the dividends so received,

shall make a return according to the forms or regulations

prescribed by the Secretary, setting forth the aggregate amount

of such payments and the name and address of the person to whom

paid.

(2) Returns required by the Secretary

Every person who makes payments of dividends aggregating less

than $10 to any other person during any calendar year shall, when

required by the Secretary, make a return setting forth the

aggregate amount of such payments, and the name and address of

the person to whom paid.

(b) Dividend defined

(1) General rule

For purposes of this section, the term "dividend" means -

(A) any distribution by a corporation which is a dividend (as

defined in section 316); and

(B) any payment made by a stockbroker to any person as a

substitute for a dividend (as so defined).

(2) Exceptions

For purposes of this section, the term "dividend" does not

include any distribution or payment -

(A) to the extent provided in regulations prescribed by the

Secretary -

(i) by a foreign corporation, or

(ii) to a foreign corporation, a nonresident alien, or a

partnership not engaged in a trade or business in the United

States and composed in whole or in part of nonresident

aliens, or

(B) except to the extent otherwise provided in regulations

prescribed by the Secretary, to any person described in section

6049(b)(4).

(3) Special rule

If the person making any payment described in subsection

(a)(1)(A) or (B) is unable to determine the portion of such

payment which is a dividend or is paid with respect to a

dividend, he shall, for purposes of subsection (a)(1), treat the

entire amount of such payment as a dividend or as an amount paid

with respect to a dividend.

information is required

Every person required to make a return under subsection (a) shall

furnish to each person whose name is required to be set forth in

such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the aggregate amount of payments to the person required to

be shown on the return.

The written statement required under the preceding sentence shall

be furnished (either in person or in a statement mailing by

first-class mail which includes adequate notice that the statement

is enclosed) to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made and shall be in such form as the

Secretary may prescribe by regulations.

(d) Statements to be furnished by corporations to Secretary

Every corporation shall, when required by the Secretary -

(1) furnish to the Secretary a statement stating the name and

address of each shareholder, and the number of shares owned by

each shareholder;

(2) furnish to the Secretary a statement of such facts as will

enable him to determine the portion of the earnings and profits

of the corporation (including gains, profits, and income not

taxed) accumulated during such periods as the Secretary may

specify, which have been distributed or ordered to be

distributed, respectively, to its shareholders during such

taxable years as the Secretary may specify; and

(3) furnish to the Secretary a statement of its accumulated

earnings and profits and the names and addresses of the

individuals or shareholders who would be entitled to such

accumulated earnings and profits if divided or distributed, and

of the amounts that would be payable to each.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 746; Pub. L. 87-834, Sec. 19(a),

Oct. 16, 1962, 76 Stat. 1053; Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248, title

III, Secs. 303(a), 308(a), Sept. 3, 1982, 96 Stat. 587, 591; Pub.

L. 97-354, Sec. 5(a)(40), Oct. 19, 1982, 96 Stat. 1696; Pub. L.

98-67, title I, Secs. 102(a), 108(b), Aug. 5, 1983, 97 Stat. 369,

383; Pub. L. 98-369, div. A, title VII, Sec. 714(d), July 18, 1984,

98 Stat. 961; Pub. L. 99-514, title XV, Sec. 1501(c)(2), Oct. 22,

1986, 100 Stat. 2736; Pub. L. 104-168, title XII, Sec. 1201(a)(3),

July 30, 1996, 110 Stat. 1469.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

1986 - Subsec. (c). Pub. L. 99-514, in amending subsec. (c)

generally, substituted "information is required" for "information

is furnished" in heading and, in text, substituted references to

persons required to make returns for former references to persons

making returns and struck out provisions directing that no

statement was required to be furnished to any person under this

subsection if the aggregate amount of payments to such person as

shown on the return made under subsec. (a)(1) was less than $10.

1984 - Subsec. (b)(2). Pub. L. 98-369, in amending par. (2)

generally, designated existing provision as subpar. (A),

redesignated as cls. (i) and (ii) of subpar. (A) text formerly

designated (A) and (B), and added subpar. (B).

1983 - Pub. L. 98-67 substituted in subsec. (c) "The written

statement required under the preceding sentence shall be furnished

(either in person or in a separate mailing by first-class mail) to

the person on or before January 31 of the year following the

calendar year for which the return under subsection (a) was made,

and shall be in such form as the Secretary may prescribe by

regulations" for "The written statement required under the

preceding sentence shall be furnished to the person on or before

January 31 of the year following the calendar year for which the

return under subsection (a)(1) was made" and repealed amendments

made by Pub. L. 97-248. See 1982 Amendment note below.

1982 - Subsecs. (a)(1), (c), (e). Pub. L. 97-248 provided that,

applicable to payments of interest, dividends, and patronage

dividends paid or credited after June 30, 1983, subsecs. (a)(1) and

of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed

subtitle A (Secs. 301-308) of title III of Pub. L. 97-248 as of the

close of June 30, 1983, and provided that the Internal Revenue Code

of 1954 [now 1986] [this title] shall be applied and administered

(subject to certain exceptions) as if such subtitle A (and the

amendments made by such subtitle A) had not been enacted.

Subsec. (b)(2). Pub. L. 97-354 redesignated cl. (A)(i) as subpar.

(A) and cl. (A)(ii) as subpar. (B). Former subpar. (B), excluding

from the term "dividends" any amount described in section 1373

(relating to undistributed taxable income of electing small

business corporations), was struck out.

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

1962 - Pub. L. 87-834 substituted "Returns regarding payments of

dividends and corporate earnings and profits" for "Returns

regarding corporate dividends, earnings, and profits" in section

catchline, added subsecs. (a) to (c), designated existing

provisions of section as subsec. (d), and substituted in par. (1)

of subsec. (d) "furnish to the Secretary or his delegate a

statement stating the name and address of each shareholder, and the

number of shares owned by each shareholder" for "Make a return of

its payments of dividends, stating the name and address of, the

number of shares owned by, and the amount of dividends paid to,

each shareholder."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after Oct.

22, 1986, see section 1501(e) of Pub. L. 99-514, set out as an

Effective Date note under section 6721 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective as if included in the

provision of the Tax Equity and Fiscal Responsibility Act of 1982,

Pub. L. 97-248, to which such amendment relates, see section 715 of

Pub. L. 98-369, set out as a note under section 31 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 108(b) of Pub. L. 98-67 applicable with

respect to payments made after Dec. 31, 1983, see section 110(a) of

Pub. L. 98-67, set out as a note under section 31 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-354 applicable to taxable years beginning

after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as

an Effective Date note under section 1361 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Section 19(h) of Pub. L. 87-834, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) Dividends and interest. - The amendments made by this

section [enacting sections 6049 and 6678 of this title and amending

this section and sections 6041, 6044, and 6052 of this title] shall

apply to payments of dividends and interest made on or after

January 1, 1963.

"(2) Patronage dividends. - The amendments made by this section

shall apply to payments of amounts described in section 6044(b) of

the Internal Revenue Code of 1986 [formerly I.R.C. 1954] made on or

after January 1, 1963, with respect to patronage occurring on or

after the first day of the first taxable year of the cooperative

beginning on or after January 1, 1963."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3406, 6041, 6652, 6724 of

this title.

-End-

-CITE-

26 USC Sec. 6043 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6043. Liquidating, etc., transactions

-STATUTE-

(a) Corporate liquidating, etc., transactions

Every corporation shall -

(1) Within 30 days after the adoption by the corporation of a

resolution or plan for the dissolution of the corporation or for

the liquidation of the whole or any part of its capital stock,

make a return setting forth the terms of such resolution or plan

and such other information as the Secretary shall by forms or

regulations prescribe; and

(2) When required by the Secretary, make a return regarding its

distributions in liquidation, stating the name and address of,

the number and class of shares owned by, and the amount paid to,

each shareholder, or, if the distribution is in property other

than money, the fair market value (as of the date the

distribution is made) of the property distributed to each

shareholder.

(b) Exempt organizations

Every organization which for any of its last 5 taxable years

preceding its liquidation, dissolution, termination, or substantial

contraction was exempt from taxation under section 501(a) shall

file such return and other information with respect to such

liquidation, dissolution, termination, or substantial contraction

as the Secretary shall by forms or regulations prescribe; except

that -

(1) no return shall be required under this subsection from

churches, their integrated auxiliaries, conventions or

associations of churches, or any organization which is not a

private foundation (as defined in section 509(a)) and the gross

receipts of which in each taxable year are normally not more than

$5,000, and

(2) the Secretary may relieve any organization from such filing

where he determines that such filing is not necessary to the

efficient administration of the internal revenue laws or, with

respect to an organization described in section 401(a), where the

employer who established such organization files such a return.

If -

(1) control (as defined in section 304(c)(1)) of a corporation

is acquired by any person (or group of persons) in a transaction

(or series of related transactions), or

(2) there is a recapitalization of a corporation or other

substantial change in the capital structure of a corporation,

when required by the Secretary, such corporation shall make a

return (at such time and in such manner as the Secretary may

prescribe) setting forth the identity of the parties to the

transaction, the fees involved, the changes in the capital

structure involved, and such other information as the Secretary may

require with respect to such transaction.

(d) Cross references

For provisions relating to penalties for failure to file -

(1) a return under subsection (b), see section 6652(c), or

(2) a return under subsection (c), see section 6652(1).(!1)

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 746; Pub. L. 91-172, title I,

Sec. 101(j)(35), Dec. 30, 1969, 83 Stat. 529; Pub. L. 94-455, title

XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L.

99-514, title XV, Sec. 1501(d)(1)(C), Oct. 22, 1986, 100 Stat.

2740; Pub. L. 101-239, title VII, Sec. 7208(b)(1), (3)(A), (B),

Dec. 19, 1989, 103 Stat. 2337, 2338; Pub. L. 104-188, title I, Sec.

1704(t)(17), Aug. 20, 1996, 110 Stat. 1888.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-188 substituted "Liquidating, etc.,

transactions" for "Liquidating; etc., transactions" in section

catchline.

1989 - Pub. L. 101-239, Sec. 7208(b)(3)(B), substituted

"Liquidating; etc., transactions" for "Returns regarding

liquidation, dissolution, termination, or contraction" in section

catchline.

Subsec. (a). Pub. L. 101-239, Sec. 7208(b)(3)(A), substituted

"Corporate liquidating, etc., transactions" for "Corporations" in

heading.

Subsecs. (c), (d). Pub. L. 101-239, Sec. 7208(b)(1), added

subsecs. (c) and (d) and struck out former subsec. (c) which read

as follows: "Cross Reference. - For provisions relating to

penalties for failure to file a return required by subsection (b),

see section 6652(c)."

1986 - Subsec. (c). Pub. L. 99-514 substituted "section 6652(c)"

for "section 6652(d)".

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

1969 - Pub. L. 91-172 inserted references to termination and

contraction in section catchline, designated existing provisions as

subsec. (a), and added subsecs. (b) and (c).

EFFECTIVE DATE OF 1989 AMENDMENT

Section 7208(b)(4) of Pub. L. 101-239 provided that: "The

amendments made by this subsection [amending this section and

section 6652 of this title] shall apply to transactions after March

31, 1990."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after Dec.

31, 1986, see section 1501(e) of Pub. L. 99-514, set out as an

Effective Date note under section 6721 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 applicable to taxable years beginning

after Dec. 31, 1969, see section 101(k)(2)(B) of Pub. L. 91-172,

set out as an Effective Date note under section 4940 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6033, 6652 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "6652(l)."

-End-

-CITE-

26 USC Sec. 6044 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6044. Returns regarding payments of patronage dividends

-STATUTE-

(a) Requirement of reporting

(1) In general

Except as otherwise provided in this section, every cooperative

to which part I of subchapter T of chapter 1 applies, which makes

payments of amounts described in subsection (b) aggregating $10

or more to any person during any calendar year, shall make a

return according to the forms of regulations prescribed by the

Secretary, setting forth the aggregate amount of such payments

and the name and address of the person to whom paid.

(2) Returns required by the Secretary

Every such cooperative which makes payments of amounts

described in subsection (b) aggregating less than $10 to any

person during any calendar year shall, when required by the

Secretary, make a return setting forth the aggregate amount of

such payments and the name and address of the person to whom

paid.

(b) Amounts subject to reporting

(1) General rule

Except as otherwise provided in this section, the amounts

subject to reporting under subsection (a) are -

(A) the amount of any patronage dividend (as defined in

section 1388(a)) which is paid in money, qualified written

notices of allocation (as defined in section 1388(c)), or other

property (except nonqualified written notices of allocation as

defined in section 1388(d)),

(B) any amount described in section 1382(c)(2)(A) (relating

to certain nonpatronage distributions) which is paid in money,

qualified written notices of allocation, or other property

(except nonqualified written notices of allocation) by an

organization exempt from tax under section 521 (relating to

exemption of farmers' cooperatives from tax),

redemption of nonqualified written notices of allocation) and,

in the case of an organization described in section 1381(a)(1),

any amount described in section 1382(c)(2)(B) (relating to

redemption of nonqualified written notices of allocation paid

with respect to earnings derived from sources other than

patronage), and

(D) the amount of any per-unit retain allocation (as defined

in section 1388(f)) which is paid in qualified per-unit retain

certificates (as defined in section 1388(h)), and

(E) any amount described in section 1382(b)(4) (relating to

redemption of nonqualified per-unit retain certificates).

(2) Exceptions

The provisions of subsection (a) shall not apply, to the extent

provided in regulations prescribed by the Secretary, to any

payment -

(A) by a foreign corporation, or

(B) to a foreign corporation, a nonresident alien, or a

partnership not engaged in trade or business in the United

States and composed in whole or in part of nonresident aliens.

A cooperative which the Secretary determines is primarily engaged

in selling at retail goods or services of a type that are generally

for personal, living, or family use shall, upon application to the

Secretary, be granted exemption from the reporting requirements

imposed by subsection (a). Application for exemption under this

subsection shall be made in accordance with regulations prescribed

by the Secretary.

(d) Determination of amount paid

For purposes of this section, in determining the amount of any

payment -

(1) property (other than a qualified written notice of

allocation or a qualified per-unit retain certificate) shall be

taken into account at its fair market value, and

(2) a qualified written notice of allocation or a qualified

per-unit retain certificate shall be taken into account at its

stated dollar amount.

(e) Statements to be furnished to persons with respect to whom

information is required

Every cooperative required to make a return under subsection (a)

shall furnish to each person whose name is required to be set forth

in such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the cooperative required to make such return, and

(2) the aggregate amount of payments to the person required to

be shown on the return.

The written statement required under the preceding sentence shall

be furnished (either in person or in a statement mailing by

first-class mail which includes adequate notice that the statement

is enclosed) to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made and shall be in such form as the

Secretary may prescribe by regulations.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 746; Pub. L. 87-834, Sec. 19(b),

Oct. 16, 1962, 76 Stat. 1054; Pub. L. 89-809, title II, Sec.

211(d), Nov. 13, 1966, 80 Stat. 1584; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248,

title III, Secs. 304, 308(a), Sept. 3, 1982, 96 Stat. 587, 591;

Pub. L. 98-67, title I, Secs. 102(a), 108(c), Aug. 5, 1983, 97

Stat. 369, 383; Pub. L. 99-514, title XV, Sec. 1501(c)(3), Oct. 22,

1986, 100 Stat. 2737; Pub. L. 104-168, title XII, Sec. 1201(a)(4),

July 30, 1996, 110 Stat. 1469.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

1986 - Subsec. (e). Pub. L. 99-514, in amending subsec. (e)

generally, substituted "information is required" for "information

is furnished" in heading and, in text, substituted references to

persons required to make a return for former references to persons

making a return and struck out provision directing that no

statement was required if the aggregate amount of payments made to

the person as shown on the return was less than $10.

1983 - Pub. L. 98-67 substituted in subsec. (e) "The written

statement required under the preceding sentence shall be furnished

(either in person or in a separate mailing by first-class mail) to

the person on or before January 31 of the year following the

calendar year for which the return under subsection (a) was made,

and shall be in such form as the Secretary may prescribe by

regulations" for "The written statement required under the

preceding sentence shall be furnished to the person on or before

January 31 of the year following the calendar year for which the

return under subsection (a)(1) was made" and repealed amendments

made by Pub. L. 97-248. See 1982 Amendment note below.

1982 - Subsecs. (a)(1), (b)(1), (e), (f). Pub. L. 97-248 provided

that, applicable to payments of interest, dividends, and patronage

dividends paid or credited after June 30, 1983, subsecs. (a)(1),

(b)(1), and (e) are amended and a new subsec. (f) is added. Section

102(a), (b) of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369,

repealed subtitle A (Secs. 301-308) of Pub. L. 97-248 as of the

close of June 30, 1983, and provided that the Internal Revenue Code

of 1954 [now 1986] [this title] shall be applied and administered

(subject to certain exceptions) as if such subtitle A (and the

amendments made by such subtitle A) had not been enacted.

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

1966 - Subsec. (b)(1). Pub. L. 89-809, Sec. 211(d)(1), added

subpars. (D) and (E).

Subsec. (d). Pub. L. 89-809, Sec. 211(d)(2), inserted references

to qualified per-unit retain certificates.

1962 - Pub. L. 87-834 substituted "Returns regarding payments of

patronage dividends" for "Returns regarding patronage dividends" in

section catchline and amended text generally. Prior to amendment,

text read as follows:

"(a) Payments of $100 or More. - Any corporation allocating

amounts as patronage dividends, rebates, or refunds (whether in

cash, merchandise, capital stock, revolving fund certificates,

retain certificates, certificates of indebtedness, letters of

advice, or in some other manner that discloses to each patron the

amount of such dividend, refund, or rebate) shall make a return

showing -

"(1) The name and address of each patron to whom it has made

such allocations amounting to $100 or more during the calendar

year; and

"(2) The amount of such allocations to each patron.

"(b) Payments Regardless of Amount. - If required by the

Secretary or his delegate, any such corporation shall make a return

of all patronage dividends, rebates, or refunds made during the

calendar year to its patrons.

"(c) Exceptions. - This section shall not apply in the case of

any corporation (including any cooperative or nonprofit corporation

engaged in rural electrification) described in section 501(c)(12)

or (15) which is exempt from tax under section 501(a), or in the

case of any corporation subject to a tax imposed by subchapter L of

chapter 1."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after Oct.

22, 1986, see section 1501(e) of Pub. L. 99-514, set out as an

Effective Date note under section 6721 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 108(c) of Pub. L. 98-67 applicable with

respect to payments made after Dec. 31, 1983, see section 110(a) of

Pub. L. 98-67, set out as a note under section 31 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-809 applicable with respect to calendar

years after 1966, see section 211(e)(2) of Pub. L. 89-809, set out

as a note under section 1382 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-834 applicable to payments of dividends

and interest made on or after Jan. 1, 1963, and to payments of

amounts described in subsection (b) of this section made on or

after Jan. 1, 1963, with respect to patronage occurring on or after

the first day of the first taxable year of the cooperative

beginning on or after Jan. 1, 1963, see section 19(h) of Pub. L.

87-834, set out as a note under section 6042 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3406, 6041, 6652, 6724 of

this title.

-End-

-CITE-

26 USC Sec. 6045 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6045. Returns of brokers

-STATUTE-

(a) General rule

Every person doing business as a broker shall, when required by

the Secretary, make a return, in accordance with such regulations

as the Secretary may prescribe, showing the name and address of

each customer, with such details regarding gross proceeds and such

other information as the Secretary may by forms or regulations

require with respect to such business.

(b) Statements to be furnished to customers

Every person required to make a return under subsection (a) shall

furnish to each customer whose name is required to be set forth in

such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the information required to be shown on such return with

respect to such customer.

The written statement required under the preceding sentence shall

be furnished to the customer on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

For purposes of this section -

(1) Broker

The term "broker" includes -

(A) a dealer,

(B) a barter exchange, and

as a middleman with respect to property or services.

A person shall not be treated as a broker with respect to

activities consisting of managing a farm on behalf of another

person.

(2) Customer

The term "customer" means any person for whom the broker has

transacted any business.

(3) Barter exchange

The term "barter exchange" means any organization of members

providing property or services who jointly contract to trade or

barter such property or services.

(4) Person

The term "person" includes any governmental unit and any agency

or instrumentality thereof.

(d) Statements required in case of certain substitute payments

If any broker -

(1) transfers securities of a customer for use in a short sale

or similar transaction, and

(2) receives (on behalf of the customer) a payment in lieu of -

(A) a dividend,

(B) tax-exempt interest, or

regulations,

during the period such short sale or similar transaction is open,

the broker shall furnish such customer a written statement (at such

time and in the manner as the Secretary shall prescribe by

regulations) identifying such payment as being in lieu of the

dividend, tax-exempt interest, or such other item. The Secretary

may prescribe regulations which require the broker to make a return

which includes the information contained in such written statement.

(e) Return required in the case of real estate transactions

(1) In general

In the case of a real estate transaction, the real estate

reporting person shall file a return under subsection (a) and a

statement under subsection (b) with respect to such transaction.

(2) Real estate reporting person

For purposes of this subsection, the term "real estate

reporting person" means any of the following persons involved in

a real estate transaction in the following order:

(A) the person (including any attorney or title company)

responsible for closing the transaction,

(B) the mortgage lender,

(D) the buyer's broker, or

(E) such other person designated in regulations prescribed by

the Secretary.

Any person treated as a real estate reporting person under the

preceding sentence shall be treated as a broker for purposes of

subsection (c)(1).

(3) Prohibition of separate charge for filing return

It shall be unlawful for any real estate reporting person to

separately charge any customer for complying with any requirement

of paragraph (1). Nothing in this paragraph shall be construed to

prohibit the real estate reporting person from taking into

account its cost of complying with such requirement in

establishing its charge (other than a separate charge for

complying with such requirement) to any customer for performing

services in the case of a real estate transaction.

(4) Additional information required

In the case of a real estate transaction involving a residence,

the real estate reporting person shall include the following

information on the return under subsection (a) and on the

statement under subsection (b):

(A) The portion of any real property tax which is treated as

a tax imposed on the purchaser by reason of section

164(d)(1)(B).

(B) Whether or not the financing (if any) of the seller was

federally-subsidized indebtedness (as defined in section

143(m)(3)).

(5) Exception for sales or exchanges of certain principal

residences

(A) In general

Paragraph (1) shall not apply to any sale or exchange of a

residence for $250,000 or less if the person referred to in

paragraph (2) receives written assurance in a form acceptable

to the Secretary from the seller that -

(i) such residence is the principal residence (within the

meaning of section 121) of the seller,

(ii) if the Secretary requires the inclusion on the return

under subsection (a) of information as to whether there is

federally subsidized mortgage financing assistance with

respect to the mortgage on residences, that there is no such

assistance with respect to the mortgage on such residence,

and

(iii) the full amount of the gain on such sale or exchange

is excludable from gross income under section 121.

If such assurance includes an assurance that the seller is

married, the preceding sentence shall be applied by

substituting "$500,000" for "$250,000".

The Secretary may by regulation increase the dollar amounts under

this subparagraph if the Secretary determines that such an

increase will not materially reduce revenues to the Treasury.

(B) Seller

For purposes of this paragraph, the term "seller" includes

the person relinquishing the residence in an exchange.

(f) Return required in the case of payments to attorneys

(1) In general

Any person engaged in a trade or business and making a payment

(in the course of such trade or business) to which this

subsection applies shall file a return under subsection (a) and a

statement under subsection (b) with respect to such payment.

(2) Application of subsection

(A) In general

This subsection shall apply to any payment to an attorney in

connection with legal services (whether or not such services

are performed for the payor).

(B) Exception

This subsection shall not apply to the portion of any payment

which is required to be reported under section 6041(a) (or

would be so required but for the dollar limitation contained

therein) or section 6051.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 747; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97-248,

title III, Sec. 311(a)(1), Sept. 3, 1982, 96 Stat. 600; Pub. L.

98-369, div. A, title I, Sec. 150(a), title VII, Sec. 714(e)(1),

July 18, 1984, 98 Stat. 690, 961; Pub. L. 99-514, title XV, Secs.

1501(c)(4), 1521(a), Oct. 22, 1986, 100 Stat. 2737, 2746; Pub. L.

100-647, title I, Sec. 1015(e)(1)(A), (2)(A), (3), title IV, Sec.

4005(g)(3), Nov. 10, 1988, 102 Stat. 3569, 3570, 3650; Pub. L.

101-239, title VII, Sec. 7814(c)(1), Dec. 19, 1989, 103 Stat. 2413;

Pub. L. 101-508, title XI, Sec. 11704(a)(25), Nov. 5, 1990, 104

Stat. 1388-519; Pub. L. 102-486, title XIX, Sec. 1939(a), Oct. 24,

1992, 106 Stat. 3034; Pub. L. 104-168, title XII, Sec. 1201(a)(5),

July 30, 1996, 110 Stat. 1469; Pub. L. 104-188, title I, Sec.

1704(o)(1), Aug. 20, 1996, 110 Stat. 1886; Pub. L. 105-34, title

III, Sec. 312(c), title X, Sec. 1021(a), Aug. 5, 1997, 111 Stat.

839, 922.)

-MISC1-

AMENDMENTS

1997 - Subsec. (e)(5). Pub. L. 105-34, Sec. 312(c), added par.

(5).

Subsec. (f). Pub. L. 105-34, Sec. 1021(a), added subsec. (f).

1996 - Subsec. (b)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

Subsec. (e)(3). Pub. L. 104-188 inserted at end "Nothing in this

paragraph shall be construed to prohibit the real estate reporting

person from taking into account its cost of complying with such

requirement in establishing its charge (other than a separate

charge for complying with such requirement) to any customer for

performing services in the case of a real estate transaction."

1992 - Subsec. (e)(4). Pub. L. 102-486 substituted heading for

one which read: "Whether seller's financing was

federally-subsidized" and amended text generally. Prior to

amendment, text read as follows: "In the case of a real estate

transaction involving a residence, the real estate reporting person

shall specify on the return under subsection (a) and the statement

under subsection (b) whether or not the financing (if any) of the

seller was federally-subsidized indebtedness (as defined in section

143(m)(3))."

1990 - Subsec. (e)(4). Pub. L. 101-508 substituted "reporting

person" for "broker".

1989 - Subsec. (e)(3), (4). Pub. L. 101-239 redesignated par.

(3), relating to whether seller's financing was

federally-subsidized indebtedness, as (4).

1988 - Subsec. (c)(1). Pub. L. 100-647, Sec. 1015(e)(1)(A),

inserted at end "A person shall not be treated as a broker with

respect to activities consisting of managing a farm on behalf of

another person."

Subsec. (e)(1). Pub. L. 100-647, Sec. 1015(e)(3)(A), substituted

"real estate reporting person" for "real estate broker".

Subsec. (e)(2). Pub. L. 100-647, Sec. 1015(e)(3), substituted

"estate reporting person" for "estate broker" in par. (2) heading

and two places in text.

Subsec. (e)(3). Pub. L. 100-647, Sec. 4005(g)(3), added par. (3)

relating to whether seller's financing was federally-subsidized

indebtedness.

Pub. L. 100-647, Sec. 1015(e)(2)(A), added par. (3) relating to

prohibition of separate charge for filing return.

1986 - Subsec. (b). Pub. L. 99-514, Sec. 1501(c)(4), in amending

subsec. (c) generally, substituted references to persons required

to make a return for former references to persons making a return.

Subsec. (e). Pub. L. 99-514, Sec. 1521(a), added subsec. (e).

1984 - Subsec. (c)(4). Pub. L. 98-369, Sec. 714(e)(1), added par.

(4).

Subsec. (d). Pub. L. 98-369, Sec. 150(a), added subsec. (d).

1982 - Pub. L. 97-248 designated existing provisions as subsec.

(a), substituted "the name and address of each customer, with such

details regarding gross proceeds" for "the names of customers for

whom such person has transacted any business, with such details

regarding the profits and losses" after "may prescribe, showing"

and "such business" for "each customer as will enable the Secretary

to determine the amount of such profits and losses" after "with

respect to", and added subsecs. (b) and (c).

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 312(c) of Pub. L. 105-34 applicable to sales

and exchanges after May 6, 1997, with certain exceptions, see

section 312(d) of Pub. L. 105-34, set out as a note under section

121 of this title.

Section 1021(c) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall apply to

payments made after December 31, 1997."

EFFECTIVE DATE OF 1996 AMENDMENTS

Section 1704(o)(2) of Pub. L. 104-188 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect as if included in section 1015(e)(2)(A) of the Technical and

Miscellaneous Revenue Act of 1988 [Pub. L. 100-647]."

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1939(b) of Pub. L. 102-486 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

transactions after December 31, 1992."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 effective, except as otherwise

provided, as if included in the provision of the Technical and

Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such

amendment relates, see section 7817 of Pub. L. 101-239, set out as

a note under section 1 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1015(e)(1)(B) of Pub. L. 100-647 provided that: "The

amendment made by subparagraph (A) [amending this section] shall

take effect as if included in the amendments made by section

311(a)(1) of the Tax Equity and Fiscal Responsibility Act of 1982

[Pub. L. 97-248]."

Section 1015(e)(2)(B) of Pub. L. 100-647 provided that: "The

amendment made by subparagraph (A) [amending this section] shall

take effect on the date of the enactment of this Act [Nov. 10,

1988]."

Amendment by section 1015(e)(3) of Pub. L. 100-647 effective,

except as otherwise provided, as if included in the provision of

the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment

relates, see section 1019(a) of Pub. L. 100-647, set out as a note

under section 1 of this title.

Amendment by section 4005(g)(3) of Pub. L. 100-647 applicable to

financing provided, and mortgage credit certificates issued, after

Dec. 31, 1990, with certain exceptions, see section 4005(h)(3) of

Pub. L. 100-647, set out as a note under section 143 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1501(c)(4) of Pub. L. 99-514 applicable to

returns the due date for which (determined without regard to

extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.

99-514, set out as an Effective Date note under section 6721 of

this title.

Section 1521(c) of Pub. L. 99-514 provided that: "The amendments

made by this section [amending this section and section 3406 of

this title] shall apply to real estate transactions closing after

December 31, 1986."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 150(b) of Pub. L. 98-369 provided that: "The amendment

made by this section [amending this section] shall apply to

payments received after December 31, 1984."

Amendment by section 714(e)(1) of Pub. L. 98-369 effective as if

included in the provision of the Tax Equity and Fiscal

Responsibility Act of 1982, Pub. L. 97-248, to which such amendment

relates, see section 715 of Pub. L. 98-369, set out as a note under

section 31 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 311(c)(1) of Pub. L. 97-248, as amended by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

amendments made by subsection (a) [amending this section and

section 6678 of this title] shall take effect on the date of the

enactment of this Act [Sept. 3, 1982], except that -

"(A) regulations relating to reporting by commodities and

securities brokers shall be issued under section 6045 of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended

by this Act) within 6 months after the date of the enactment of

this Act [Sept. 3, 1982], and

"(B) such regulations shall not apply to transactions occurring

before January 1, 1983."

NO PENALTY FOR PAYMENTS BEFORE JANUARY 1, 1985

Section 714(e)(2) of Pub. L. 98-369, as amended by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "No

penalty shall be imposed under the Internal Revenue Code of 1986

[formerly I.R.C. 1954] with respect to any person required (by

reason of the amendment made by paragraph (1) [amending this

section]) to file a return under section 6045 of such Code with

respect to any payment before January 1, 1985."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1400C, 3406, 6041, 6049,

6721, 6722, 6724, 7603 of this title.

-End-

-CITE-

26 USC Sec. 6046 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6046. Returns as to organization or reorganization of foreign

corporations and as to acquisitions of their stock

-STATUTE-

(a) Requirement of return

(1) In general

A return complying with the requirements of subsection (b)

shall be made by -

(A) each United States citizen or resident who becomes an

officer or director of a foreign corporation if a United States

person (as defined in section 7701(a)(30)) meets the stock

ownership requirements of paragraph (2) with respect to such

corporation,

(B) each United States person -

(i) who acquires stock which, when added to any stock owned

on the date of such acquisition, meets the stock ownership

requirements of paragraph (2) with respect to a foreign

corporation, or

(ii) who acquires stock which, without regard to stock

owned on the date of such acquisition, meets the stock

ownership requirements of paragraph (2) with respect to a

foreign corporation,

treated as a United States shareholder under section 953(c)

with respect to a foreign corporation, and

(D) each person who becomes a United States person while

meeting the stock ownership requirements of paragraph (2) with

respect to stock of a foreign corporation.

In the case of a foreign corporation with respect to which any

person is treated as a United States shareholder under section

953(c), subparagraph (A) shall be treated as including a

reference to each United States person who is an officer or

director of such corporation.

(2) Stock ownership requirements

A person meets the stock ownership requirements of this

paragraph with respect to any corporation if such person owns 10

percent or more of -

(A) the total combined voting power of all classes of stock

of such corporation entitled to vote, or

(B) the total value of the stock of such corporation.

(b) Form and contents of returns

The returns required by subsection (a) shall be in such form and

shall set forth, in respect of the foreign corporation, such

information as the Secretary prescribes by forms or regulations as

necessary for carrying out the provisions of the income tax laws,

except that in the case of persons described only in subsection

(a)(1) the information required shall be limited to the names and

addresses of persons described in paragraph (2) or (3) of

subsection (a).

For purposes of subsection (a), stock owned directly or

indirectly by a person (including, in the case of an individual,

stock owned by members of his family) shall be taken into account.

For purposes of the preceding sentence, the family of an individual

shall be considered as including only his brothers and sisters

(whether by the whole or half blood), spouse, ancestors, and lineal

descendants.

(d) Time for filing

Any return required by subsection (a) shall be filed on or before

the 90th day after the day on which, under any provision of

subsection (a), the United States citizen, resident, or person

becomes liable to file such return (or on or before such later day

as the Secretary may by forms or regulations prescribe).

(e) Limitation

No information shall be required to be furnished under this

section with respect to any foreign corporation unless such

information was required to be furnished under regulations which

have been in effect for at least 90 days before the date on which

the United States citizen, resident, or person becomes liable to

file a return required under subsection (a).

(f) Cross reference

For provisions relating to penalties for violations of this

section, sections 6679 and 7203.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 747; Pub. L. 86-780, Sec. 7(a),

Sept. 14, 1960, 74 Stat. 1016; Pub. L. 87-834, Sec. 20(b), Oct. 16,

1962, 76 Stat. 1061; Pub. L. 94-455, title XIX, Sec. 1906(a)(4),

(b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L. 97-248,

title III, Sec. 341(a), Sept. 3, 1982, 96 Stat. 635; Pub. L.

100-647, title I, Sec. 1012(i)(19), Nov. 10, 1988, 102 Stat. 3510;

Pub. L. 105-34, title XI, Sec. 1146(a), Aug. 5, 1997, 111 Stat.

986.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-34 reenacted heading without

change and amended text generally. Prior to amendment, text read as

follows: "A return complying with the requirements of subsection

(b) shall be made by -

"(1) each United States citizen or resident who is on January

1, 1963, an officer or director of a foreign corporation, 5

percent or more in value of the stock of which is owned by a

United States person (as defined in section 7701(a)(30)), or who

becomes such an officer or director at any time after such date,

"(2) each United States person who on January 1, 1963, owns 5

percent or more in value of the stock of a foreign corporation,

or who, at any time after such date -

"(A) acquires stock which, when added to any stock owned on

January 1, 1963, has a value equal to 5 percent or more of the

value of the stock of a foreign corporation, or

"(B) acquires an additional 5 percent or more in value of the

stock of a foreign corporation,

"(3) each person (not described in paragraph (2)) who, at any

time after January 1, 1987, is treated as a United States

shareholder under section 953(c) with respect to a foreign

corporation, and

"(4) each person who at any time after January 1, 1963, becomes

a United States person while owning 5 percent or more in value of

the stock of a foreign corporation.

In the case of a foreign corporation with respect to which any

person is treated as a United States shareholder under section

953(c), paragraph (1) shall be treated as including a reference to

each United States person who is an officer or director of such

corporation."

1988 - Subsec. (a). Pub. L. 100-647, Sec. 1012(i)(19)(C),

inserted sentence at end relating to foreign corporation with

respect to which any person is treated as a United States

shareholder under section 953(c).

Subsec. (a)(3), (4). Pub. L. 100-647, Sec. 1012(i)(19)(A), added

par. (3) and redesignated former par. (3) as (4).

Subsec. (b). Pub. L. 100-647, Sec. 1012(i)(19)(B), substituted

"paragraph (2) or (3) of subsection (a)" for "subsection (a)(2)".

1982 - Subsec. (d). Pub. L. 97-248 inserted "(or on or before

such later day as the Secretary may by forms or regulations

prescribe)".

1976 - Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck

out "or his delegate" after "Secretary".

Subsec. (e). Pub. L. 94-455, Sec. 1906(a)(4), struck out

provisions relating to the requirement for information to be

furnished in the case of liability to file a return under subsec.

(a) of this section arising on or after Jan. 1, 1963, and before

June 1, 1963, under regulations in effect on or before June 1,

1963.

1962 - Pub. L. 87-834 substituted "organization or reorganization

of foreign corporations and as to acquisitions of their stock" for

"creation or organization, or reorganization, of foreign

corporations" in section catchline.

Subsec. (a). Pub. L. 87-834 amended subsec. (a) generally. Prior

to amendment, subsec. (a) read as follows:

"(a) General Rule. - On or before the 90th day after the creation

or organization, or reorganization, of any foreign corporation -

"(1) Each United States citizen or resident who was an officer

or director of the corporation at any time within 60 days after

the creation or organization, or reorganization thereof, and

"(2) Each United States shareholder of the corporation by or

for whom, at any time within 60 days after the creation or

organization or reorganization of the corporation, 5 percent or

more in value of the stock of the corporation outstanding was

owned directly or indirectly (including, in the case of an

individual, stock owned by members of his family),

shall make a return in compliance with the provisions of subsection

(b)."

Subsec. (b). Pub. L. 87-834 inserted the exception providing that

in the case of persons described only in subsec. (a)(1) the

information required shall be limited to the names and addresses of

persons described in subsec. (a)(2).

Subsec. (c). Pub. L. 87-834 substituted provisions requiring, for

purposes of subsec. (a), stock owned directly or indirectly by a

person (including, in the case of an individual, stock owned by

members of his family) to be taken into account for provisions

which defined "United States shareholder".

Subsecs. (d) to (f). Pub. L. 87-834 added subsecs. (d) and (e)

and redesignated former subsec. (d) as (f) and inserted a reference

to section 6679 of this title.

1960 - Pub. L. 86-780 substituted "Returns as to creation or

organization, or reorganization, of foreign corporations" for

"Returns as to formation or reorganization of foreign corporations"

in section catchline.

Subsec. (a). Pub. L. 86-780 substituted requirement that returns

relating to the creation, organization, or reorganization of

foreign corporations be made by every citizen or resident of the

United States who was an officer or director of the corporation at

any time within 60 days after its creation, organization, or

reorganization, and by every United States shareholder of the

corporation owning at least 5 percent of its outstanding stock at

any time within such 60 days for requirement that every attorney,

accountant, fiduciary, bank, trust company, financial institution,

or other person, who advises as to the formation or reorganization

of a foreign corporation, file a return in accordance with

regulations prescribed by the Secretary of the Treasury or his

delegate.

Subsec. (b). Pub. L. 86-780 reenacted the substance of subsec.

(b), struck out "to the full extent of the information within the

possession or knowledge or under the control of the person required

to make the return" before "such information".

Subsec. (c). Pub. L. 86-780 inserted the provisions defining

United States shareholder and members of family and struck out

provision relating to the making of a return by an attorney-at-law

with respect to privileged communications.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1146(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall take effect on

January 1, 1998."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 341(c) of Pub. L. 97-248 provided that: "The amendments

made by this section [amending this section and section 6048 of

this title] shall apply to returns filed after the date of the

enactment of this Act [Sept. 3, 1982]."

EFFECTIVE DATE OF 1962 AMENDMENT

Section 20(e)(2) of Pub. L. 87-834 provided that: "The amendments

made by subsection (b) [amending this section] shall take effect on

January 1, 1963."

EFFECTIVE DATE OF 1960 AMENDMENT

Section 8 of Pub. L. 86-780 provided that: "The amendments made

by section 7 [amending this section] shall apply only with respect

to foreign corporations created or organized, or reorganized, after

the date of the enactment of this Act [Sept. 14, 1960]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 964, 6501, 6679 of this

title.

-End-

-CITE-

26 USC Sec. 6046A 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6046A. Returns as to interests in foreign partnerships

-STATUTE-

(a) Requirement of return

Any United States person, except to the extent otherwise provided

by regulations -

(1) who acquires any interest in a foreign partnership,

(2) who disposes of any portion of his interest in a foreign

partnership, or

(3) whose proportional interest in a foreign partnership

changes substantially,

shall file a return. Paragraphs (1) and (2) shall apply to any

acquisition or disposition only if the United States person

directly or indirectly holds at least a 10-percent interest in such

partnership either before or after such acquisition or disposition,

and paragraph (3) shall apply to any change only if the change is

equivalent to at least a 10-percent interest in such partnership.

(b) Form and contents of return

Any return required by subsection (a) shall be in such form and

set forth such information as the Secretary shall by regulations

prescribe.

Any return required by subsection (a) shall be filed on or before

the 90th day (or on or before such later day as the Secretary may

by regulations prescribe) after the day on which the United States

person becomes liable to file such return.

(d) 10-percent interest

For purposes of subsection (a), a 10-percent interest in a

partnership is an interest described in section 6038(e)(3)(C).

(e) Cross reference

For provisions relating to penalties for violations of this

section, see sections 6679 and 7203.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 405(a), Sept. 3, 1982, 96

Stat. 669; amended Pub. L. 105-34, title XI, Sec. 1143(a), Aug. 5,

1997, 111 Stat. 983.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-34, Sec. 1143(a)(1), inserted at

end "Paragraphs (1) and (2) shall apply to any acquisition or

disposition only if the United States person directly or indirectly

holds at least a 10-percent interest in such partnership either

before or after such acquisition or disposition, and paragraph (3)

shall apply to any change only if the change is equivalent to at

least a 10-percent interest in such partnership."

Subsecs. (d), (e). Pub. L. 105-34, Sec. 1143(a)(2), added subsec.

(d) and redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1143(c) of Pub. L. 105-34 provided that: "The amendments

made by this section [amending this section and section 6679 of

this title] shall apply to transfers and changes after the date of

the enactment of this Act [Aug. 5, 1997]."

EFFECTIVE DATE

Section 407(b) of Pub. L. 97-248 provided that: "The amendments

made by section 405 [enacting this section and amending section

6679 of this title] shall apply with respect to acquisitions or

dispositions of, or substantial changes in, interests in foreign

partnerships occurring after the date of the enactment of this Act

[Sept. 3, 1982]."

SPECIAL RULE FOR CERTAIN INTERNATIONAL SATELLITE PARTNERSHIPS

For provision that this section is not applicable to certain

international satellite partnerships, see section 406 of Pub. L.

97-248, set out as a note under section 6231 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6038B, 6501, 6679 of this

title.

-End-

-CITE-

26 USC Sec. 6047 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6047. Information relating to certain trusts and annuity plans

-STATUTE-

(a) Trustees and insurance companies

The trustee of a trust described in section 401(a) which is

exempt from tax under section 501(a) to which contributions have

been paid under a plan on behalf of any owner-employee (as defined

in section 401(c)(3)), and each insurance company or other person

which is the issuer of a contract purchased by such a trust, or

purchased under a plan described in section 403(a), contributions

for which have been paid on behalf of any owner-employee, shall

file such returns (in such form and at such times), keep such

records, make such identification of contracts and funds (and

accounts within such funds), and supply such information, as the

Secretary shall by forms or regulations prescribe.

(b) Owner-employees

Every individual on whose behalf contributions have been paid as

an owner-employee (as defined in section 401(c)(3)) -

(1) to a trust described in section 401(a) which is exempt from

tax under section 501(a), or

(2) to an insurance company or other person under a plan

described in section 403(a),

shall furnish the trustee, insurance company, or other person, as

the case may be, such information at such times and in such form

and manner as the Secretary shall prescribe by forms or

regulations.

To the extent provided by regulations prescribed by the

Secretary, the provisions of this section apply with respect to any

payment described in section 219 and to transactions of any trust

described in section 408(a) or under an individual retirement

annuity described in section 408(b).

(d) Reports by employers, plan administrators, etc.

(1) In general

The Secretary shall by forms or regulations require that -

(A) the employer maintaining, or the plan administrator

(within the meaning of section 414(g)) of, a plan from which

designated distributions (as defined in section 3405(e)(1)) may

be made, and

(B) any person issuing any contract under which designated

distributions (as so defined) may be made,

make returns and reports regarding such plan (or contract) to the

Secretary, to the participants and beneficiaries of such plan (or

contract), and to such other persons as the Secretary may by

regulations prescribe. No return or report may be required under

the preceding sentence with respect to distributions to any

person during any year unless such distributions aggregate $10 or

more.

(2) Form, etc., of reports

Such reports shall be in such form, made at such time, and

contain such information as the Secretary may prescribe by forms

or regulations.

(e) Employee stock ownership plans

The Secretary shall require -

(1) any employer maintaining, or the plan administrator (within

the meaning of section 414(g)) of, an employee stock ownership

plan which holds stock with respect to which section 404(k)

applies to dividends paid on such stock, or

(2) both such employer or plan administrator,

to make returns and reports regarding such plan, transaction, or

loan to the Secretary and to such other persons as the Secretary

may prescribe. Such returns and reports shall be made in such form,

shall be made at such time, and shall contain such information as

the Secretary may prescribe.

(f) Cross references

(1) For provisions relating to penalties for failures to file

returns and reports required under this section, see sections

6652(e), 6721, and 6722.

(2) For criminal penalty for furnishing fraudulent

information, see section 7207.

(3) For provisions relating to penalty for failure to comply

with the provisions of subsection (d), see section 6704.

-SOURCE-

(Added Pub. L. 87-792, Sec. 7(m)(1), Oct. 10, 1962, 76 Stat. 830;

amended Pub. L. 93-406, title II, Secs. 1031(c)(3), 2002(g)(8),

Sept. 2, 1974, 88 Stat. 947, 970; Pub. L. 94-455, title XV, Sec.

1501(b)(9), title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat.

1737, 1834; Pub. L. 97-34, title III, Sec. 311(h)(8), Aug. 13,

1981, 95 Stat. 282; Pub. L. 97-248, title III, Sec. 334(b), Sept.

3, 1982, 96 Stat. 626; Pub. L. 97-448, title I, Sec. 103(c)(12)(C),

Jan. 12, 1983, 96 Stat. 2377; Pub. L. 98-369, div. A, title IV,

Sec. 491(d)(47), (57), July 18, 1984, 98 Stat. 852; Pub. L. 99-514,

title XV, Sec. 1501(d)(1)(D), title XVIII, Sec. 1848(e)(2), Oct.

22, 1986, 100 Stat. 2740, 2857; Pub. L. 101-239, title VII, Sec.

7301(e), Dec. 19, 1989, 103 Stat. 2349; Pub. L. 102-318, title V,

Sec. 522(b)(2)(D), (E), July 3, 1992, 106 Stat. 314; Pub. L.

104-188, title I, Secs. 1455(b)(2), (d)(1), 1602(b)(6), Aug. 20,

1996, 110 Stat. 1818, 1834; Pub. L. 107-16, title VI, Sec.

617(d)(2), June 7, 2001, 115 Stat. 106.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 107-16, title VI, Sec. 617(d)(2), (f), title IX, Sec.

901, June 7, 2001, 115 Stat. 106, 150, provided that, applicable to

taxable years beginning after Dec. 31, 2005, this section is

temporarily amended by redesignating subsection (f) as subsection

(g) and by inserting after subsection (e) the following new

subsection:

(f) Designated Roth contributions

The Secretary shall require the plan administrator of each

applicable retirement plan (as defined in section 402A) to make

such returns and reports regarding designated Roth contributions

(as defined in section 402A) to the Secretary, participants and

beneficiaries of the plan, and such other persons as the Secretary

may prescribe.

See Effective and Termination Dates of 2001 Amendment note below.

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(1). Pub. L. 104-188, Sec. 1455(b)(2), inserted

at end "No return or report may be required under the preceding

sentence with respect to distributions to any person during any

year unless such distributions aggregate $10 or more."

Subsec. (e)(1) to (3). Pub. L. 104-188, Sec. 1602(b)(6), added

pars. (1) and (2) and struck out former pars. (1) to (3) which read

as follows:

"(1) any employer maintaining, or the plan administrator (within

the meaning of section 414(g)) of, an employee stock ownership plan

"(A) which acquired stock in a transaction to which section 133

applies, or

"(B) which holds stock with respect to which section 404(k)

applies to dividends paid on such stock,

"(2) any person making or holding a loan to which section 133

applies, or

"(3) both such employer or plan administrator and such person,".

Subsec. (f)(1). Pub. L. 104-188, Sec. 1455(d)(1), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "For

provisions relating to penalties for failure to file a return

required by this section, see section 6652(e)."

1992 - Subsec. (d)(1)(A). Pub. L. 102-318, Sec. 522(b)(2)(E),

which directed the substitution of "section 3405(d)(3)" for

"section 3405(d)(1)", could not be executed because of the prior

amendment by Pub. L. 102-318, Sec. 522(b)(2)(D). See below.

Pub. L. 102-318, Sec. 522(b)(2)(D), substituted "3405(e)(1)" for

"3405(d)(1)".

1989 - Subsecs. (e), (f). Pub. L. 101-239 added subsec. (e) and

redesignated former subsec. (e) as (f).

1986 - Subsec. (e)(1). Pub. L. 99-514, Sec. 1501(d)(1)(D),

substituted "section 6652(e)" for "section 6652(f)".

Subsec. (e)(3). Pub. L. 99-514, Sec. 1848(e)(2), added par. (3).

1984 - Pub. L. 98-369, Sec. 491(d)(57), struck out "and bond

purchase" after "trusts and annuity" in section catchline.

Subsecs. (c) to (f). Pub. L. 98-369, Sec. 491(d)(47),

redesignated former subsecs. (d) to (f) as (c) to (e),

respectively, and struck out former subsec. (c) which related to

information to be supplied by employees under qualified bond

purchase plans.

1983 - Subsec. (d). Pub. L. 97-448 substituted "section 219" for

"section 219(a)".

1982 - Subsecs. (e), (f). Pub. L. 97-248 added subsec. (e) and

redesignated former subsec. (e) as (f).

1981 - Subsec. (d). Pub. L. 97-34 substituted "section 219(a)"

for "section 219(a) or 220(a)".

1976 - Subsecs. (a) to (d). Pub. L. 94-455, Sec. 1906(b)(13)(A),

struck out "or his delegate" after "Secretary" wherever appearing.

Subsec. (d). Pub. L. 94-455, Sec. 1501(b)(9), inserted "or

220(a)" after "section 219(a)".

1974 - Subsec. (d). Pub. L. 93-406, Sec. 2002(g)(8), added

subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 93-406, Secs. 1031(c)(3), 2002(g)(8),

redesignated former subsec. (d) as (e), and inserted reference to

section 6652(f) covering provisions relating to penalties for

failure to file a return required by this section.

EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT

Amendment by Pub. L. 107-16 applicable to taxable years beginning

after Dec. 31, 2005, see section 617(f) of Pub. L. 107-16, set out

as a note under section 402 of this title.

Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or

limitation years beginning after Dec. 31, 2010, and the Internal

Revenue Code of 1986 to be applied and administered to such years

as if such amendment had never been enacted, see section 901 of

Pub. L. 107-16, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 1455(b)(2), (d)(1) of Pub. L. 104-188

applicable to returns, reports, and other statements the due date

for which (determined without regard to extensions) is after Dec.

31, 1996, see section 1455(e) of Pub. L. 104-188, set out as a note

under section 408 of this title.

Amendment by section 1602(b)(6) of Pub. L. 104-188 applicable to

loans made after Aug. 20, 1996, with exception and provisions

relating to certain refinancings, see section 1602(c) of Pub. L.

104-188, set out as an Effective Date of Repeal note under former

section 133 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-318 applicable, except as otherwise

provided, to distributions after Dec. 31, 1992, see section 522(d)

of Pub. L. 102-318.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239, applicable, except as otherwise

provided, to loans made after July 10, 1989, see section 7301(f) of

Pub. L. 101-239, set out as a note under section 133 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1501(d)(1)(D) of Pub. L. 99-514 applicable

to returns the due date for which (determined without regard to

extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.

99-514, set out as an Effective Date note under section 6721 of

this title.

Amendment by section 1848(e)(2) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in the provisions of

the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such

amendment relates, see section 1881 of Pub. L. 99-514, set out as a

note under section 48 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable to obligations issued

after Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set

out as a note under section 62 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-448 effective, except as otherwise

provided, as if it had been included in the provision of the

Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such

amendment relates, see section 109 of Pub. L. 97-448, set out as a

note under section 1 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 effective Jan. 1, 1983, see section

334(e) of Pub. L. 97-248, set out as an Effective Date note under

section 3405 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-34 applicable to taxable years beginning

after Dec. 31, 1981, see section 311(i)(1) of Pub. L. 97-34, set

out as a note under section 219 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 1501(b)(9) of Pub. L. 94-455 applicable to

taxable years beginning after Dec. 31, 1976, see section 1501(d) of

Pub. L. 94-455, set out as a note under section 62 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by section 1031(c)(3) of Pub. L. 93-406 effective Sept.

2, 1974, see section 1034 of Pub. L. 93-406, set out as an

Effective Date note under section 6057 of this title.

Amendment by section 2002(g)(8) of Pub. L. 93-406 effective Jan.

1, 1975, see section 2002(i)(2) of Pub. L. 93-406, set out as an

Effective Date note under section 4973 of this title.

EFFECTIVE DATE

Section applicable to taxable years beginning after Dec. 31,

1962, see section 8 of Pub. L. 87-792, set out as a note under

section 22 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1998

For provisions directing that if any amendments made by subtitle

D [Secs. 1401-1465] of title I of Pub. L. 104-188 require an

amendment to any plan or annuity contract, such amendment shall not

be required to be made before the first day of the first plan year

beginning on or after Jan. 1, 1998, see section 1465 of Pub. L.

104-188, set out as a note under section 401 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994

For provisions directing that if any amendments made by subtitle

B [Secs. 521-523] of title V of Pub. L. 102-318 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1994, see section 523 of Pub. L. 102-318, set out as a note under

section 401 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6041, 6652, 6704, 6724,

7207 of this title.

-End-

-CITE-

26 USC Sec. 6048 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6048. Information with respect to certain foreign trusts

-STATUTE-

(a) Notice of certain events

(1) General rule

On or before the 90th day (or such later day as the Secretary

may prescribe) after any reportable event, the responsible party

shall provide written notice of such event to the Secretary in

accordance with paragraph (2).

(2) Contents of notice

The notice required by paragraph (1) shall contain such

information as the Secretary may prescribe, including -

(A) the amount of money or other property (if any)

transferred to the trust in connection with the reportable

event, and

(B) the identity of the trust and of each trustee and

beneficiary (or class of beneficiaries) of the trust.

(3) Reportable event

For purposes of this subsection -

(A) In general

The term "reportable event" means -

(i) the creation of any foreign trust by a United States

person,

(ii) the transfer of any money or property (directly or

indirectly) to a foreign trust by a United States person,

including a transfer by reason of death, and

(iii) the death of a citizen or resident of the United

States if -

(I) the decedent was treated as the owner of any portion

of a foreign trust under the rules of subpart E of part I

of subchapter J of chapter 1, or

(II) any portion of a foreign trust was included in the

gross estate of the decedent.

(B) Exceptions

(i) Fair market value sales

Subparagraph (A)(ii) shall not apply to any transfer of

property to a trust in exchange for consideration of at least

the fair market value of the transferred property. For

purposes of the preceding sentence, consideration other than

cash shall be taken into account at its fair market value and

the rules of section 679(a)(3) shall apply.

(ii) Deferred compensation and charitable trusts

Subparagraph (A) shall not apply with respect to a trust

which is -

(I) described in section 402(b), 404(a)(4), or 404A, or

(II) determined by the Secretary to be described in

section 501(c)(3).

(4) Responsible party

For purposes of this subsection, the term "responsible party"

means -

(A) the grantor in the case of the creation of an inter vivos

trust,

(B) the transferor in the case of a reportable event

described in paragraph (3)(A)(ii) other than a transfer by

reason of death, and

(b) United States owner of foreign trust

(1) In general

If, at any time during any taxable year of a United States

person, such person is treated as the owner of any portion of a

foreign trust under the rules of subpart E of part I of

subchapter J of chapter 1, such person shall be responsible to

ensure that -

(A) such trust makes a return for such year which sets forth

a full and complete accounting of all trust activities and

operations for the year, the name of the United States agent

for such trust, and such other information as the Secretary may

prescribe, and

(B) such trust furnishes such information as the Secretary

may prescribe to each United States person (i) who is treated

as the owner of any portion of such trust or (ii) who receives

(directly or indirectly) any distribution from the trust.

(2) Trusts not having United States agent

(A) In general

If the rules of this paragraph apply to any foreign trust,

the determination of amounts required to be taken into account

with respect to such trust by a United States person under the

rules of subpart E of part I of subchapter J of chapter 1 shall

be determined by the Secretary.

(B) United States agent required

The rules of this paragraph shall apply to any foreign trust

to which paragraph (1) applies unless such trust agrees (in

such manner, subject to such conditions, and at such time as

the Secretary shall prescribe) to authorize a United States

person to act as such trust's limited agent solely for purposes

of applying sections 7602, 7603, and 7604 with respect to -

(i) any request by the Secretary to examine records or

produce testimony related to the proper treatment of amounts

required to be taken into account under the rules referred to

in subparagraph (A), or

(ii) any summons by the Secretary for such records or

testimony.

The appearance of persons or production of records by reason of

a United States person being such an agent shall not subject

such persons or records to legal process for any purpose other

than determining the correct treatment under this title of the

amounts required to be taken into account under the rules

referred to in subparagraph (A). A foreign trust which appoints

an agent described in this subparagraph shall not be considered

to have an office or a permanent establishment in the United

States, or to be engaged in a trade or business in the United

States, solely because of the activities of such agent pursuant

to this subsection.

Rules similar to the rules of paragraphs (2) and (4) of

section 6038A(e) shall apply for purposes of this paragraph.

(1) In general

If any United States person receives (directly or indirectly)

during any taxable year of such person any distribution from a

foreign trust, such person shall make a return with respect to

such trust for such year which includes -

(A) the name of such trust,

(B) the aggregate amount of the distributions so received

from such trust during such taxable year, and

(2) Inclusion in income if records not provided

(A) In general

If adequate records are not provided to the Secretary to

determine the proper treatment of any distribution from a

foreign trust, such distribution shall be treated as an

accumulation distribution includible in the gross income of the

distributee under chapter 1. To the extent provided in

regulations, the preceding sentence shall not apply if the

foreign trust elects to be subject to rules similar to the

rules of subsection (b)(2)(B).

(B) Application of accumulation distribution rules

For purposes of applying section 668 in a case to which

subparagraph (A) applies, the applicable number of years for

purposes of section 668(a) shall be 1/2 of the number of

years the trust has been in existence.

(d) Special rules

(1) Determination of whether United States person makes transfer

or receives distribution

For purposes of this section, in determining whether a United

States person makes a transfer to, or receives a distribution

from, a foreign trust, the fact that a portion of such trust is

treated as owned by another person under the rules of subpart E

of part I of subchapter J of chapter 1 shall be disregarded.

(2) Domestic trusts with foreign activities

To the extent provided in regulations, a trust which is a

United States person shall be treated as a foreign trust for

purposes of this section and section 6677 if such trust has

substantial activities, or holds substantial property, outside

the United States.

(3) Time and manner of filing information

Any notice or return required under this section shall be made

at such time and in such manner as the Secretary shall prescribe.

(4) Modification of return requirements

The Secretary is authorized to suspend or modify any

requirement of this section if the Secretary determines that the

United States has no significant tax interest in obtaining the

required information.

(5) United States person's return must be consistent with trust

return or Secretary notified of inconsistency

Rules similar to the rules of section 6034A(c) shall apply to

items reported by a trust under subsection (b)(1)(B) and to

United States persons referred to in such subsection.

-SOURCE-

(Added Pub. L. 87-834, Sec. 7(f), Oct. 16, 1962, 76 Stat. 987;

amended Pub. L. 94-455, title X, Sec. 1013(d)(1), (e)(3), (4),

title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1616, 1834;

Pub. L. 97-248, title III, Sec. 341(b), Sept. 3, 1982, 96 Stat.

635; Pub. L. 104-188, title I, Sec. 1901(a), Aug. 20, 1996, 110

Stat. 1904; Pub. L. 105-34, title X, Sec. 1027(b), title XVI, Sec.

1601(i)(1), Aug. 5, 1997, 111 Stat. 926, 1092.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-34, Sec. 1601(i)(1), substituted

"owner" for "grantor" in heading.

Subsec. (d)(5). Pub. L. 105-34, Sec. 1027(b), added par. (5).

1996 - Pub. L. 104-188 amended section generally, substituting

provisions calling for improved information reporting on foreign

trusts for provisions calling for the filing of returns as to

foreign trusts, prescribing the form and contents of such returns,

and requiring annual returns for foreign trusts with one or more

United States beneficiaries.

1982 - Subsec. (a). Pub. L. 97-248 inserted "(or on or before

such later day as the Secretary may by regulations prescribe)"

after "the 90th day".

1976 - Pub. L. 94-455, Sec. 1013(e)(4), struck out "creation of

or transfer to" after "Returns as to" in section catchline.

Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or

his delegate" after "Secretary".

Subsecs. (c), (d). Pub. L. 94-455, Sec. 1013(d)(1), (e)(3), added

subsec. (c), redesignated former subsec. (c) as (d), and in subsec.

(d) struck out cross reference to section 643(d) for definition of

"foreign trust created by a United States person".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 1027(b) of Pub. L. 105-34 applicable to

returns of beneficiaries and owners filed after Aug. 5, 1997, see

section 1027(c) of Pub. L. 105-34, set out as a note under section

6034A of this title.

Amendment by section 1601(i)(1) of Pub. L. 105-34 effective as if

included in the provisions of the Small Business Job Protection Act

of 1996, Pub. L. 104-188, to which it relates, see section 1601(j)

of Pub. L. 105-34, set out as a note under section 23 of this

title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1901(d) of Pub. L. 104-188 provided that:

"(1) Reportable events. - To the extent related to subsection (a)

of section 6048 of the Internal Revenue Code of 1986, as amended by

this section, the amendments made by this section [amending this

section and sections 6677 and 6724 of this title] shall apply to

reportable events (as defined in such section 6048) occurring after

the date of the enactment of this Act [Aug. 20, 1996].

"(2) Grantor trust reporting. - To the extent related to

subsection (b) of such section 6048, the amendments made by this

section shall apply to taxable years of United States persons

beginning after December 31, 1995.

"(3) Reporting by united states beneficiaries. - To the extent

related to subsection (c) of such section 6048, the amendments made

by this section shall apply to distributions received after the

date of the enactment of this Act."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 applicable to returns filed after

Sept. 3, 1982, see section 341(c) of Pub. L. 97-248, set out as a

note under section 6046 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 679, 6039F, 6501, 6677,

6724 of this title.

-End-

-CITE-

26 USC Sec. 6049 01/06/03

-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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6049. Returns regarding payments of interest

-STATUTE-

(a) Requirement of reporting

Every person -

(1) who makes payments of interest (as defined in subsection

(b)) aggregating $10 or more to any other person during any

calendar year, or

(2) who receives payments of interest (as so defined) as a

nominee and who makes payments aggregating $10 or more during any

calendar year to any other person with respect to the interest so

received,

shall make a return according to the forms or regulations

prescribed by the Secretary, setting forth the aggregate amount of

such payments and the name and address of the person to whom paid.

(b) Interest defined

(1) General rule

For purposes of subsection (a), the term "interest" means -

(A) interest on any obligation -

(i) issued in registered form, or

(ii) of a type offered to the public,

other than any obligation with a maturity (at issue) of not

more than 1 year which is held by a corporation,

(B) interest on deposits with persons carrying on the banking

business,

mutual savings bank, savings and loan association, building and

loan association, cooperative bank, homestead association,

credit union, industrial loan association or bank, or similar

organization, in respect of deposits, investment certificates,

or withdrawable or repurchasable shares,

(D) interest on amounts held by an insurance company under an

agreement to pay interest thereon,

(E) interest on deposits with brokers (as defined in section

6045(c)),

(F) interest paid on amounts held by investment companies (as

defined in section 3 of the Investment Company Act of 1940 (15

U.S.C. 80a-3)) and on amounts invested in other pooled funds or

trusts, and

(G) to the extent provided in regulations prescribed by the

Secretary, any other interest (which is not described in

paragraph (2)).

(2) Exceptions

For purposes of subsection (a), the term "interest" does not

include -

(A) interest on any obligation issued by a natural person,

(B) interest on any obligation if such interest is exempt

from tax under section 103(a) or if such interest is exempt

from tax (without regard to the identity of the holder) under

any other provision of this title,

(i) any amount paid to any person described in paragraph

(4), or

(ii) any amount described in paragraph (5), and

(D) except to the extent otherwise provided in regulations,

any amount not described in subparagraph (C) of this paragraph

which is income from sources outside the United States or which

is paid by -

(i) a foreign government or international organization or

any agency or instrumentality thereof,

(ii) a foreign central bank of issue,

(iii) a foreign corporation not engaged in a trade or

business in the United States,

(iv) a foreign corporation, the interest payments of which

would be exempt from withholding under subchapter A of

chapter 3 if paid to a person who is not a United States

person, or

(v) a partnership not engaged in a trade or business in the

United States and composed in whole of nonresident alien

individuals and person described in clause (i), (ii), or

(iii).

(3) Payments by United States nominees, etc., of United States

person

If, within the United States, a United States person -

(A) collects interest (or otherwise acts as a middleman

between the payor and payee) from a foreign person described in

paragraph (2)(D) or collects interest from a United States

person which is income from sources outside the United States

for a second person who is a United States person, or

(B) makes payments of such interest to such second United

States person,

notwithstanding paragraph (2)(D), such payment shall be subject

to the requirements of subsection (a) with respect to such second

United States person.

(4) Persons described in this paragraph

A person is described in this paragraph if such person is -

(A) a corporation,

(B) an organization exempt from taxation under section 501(a)

or an individual retirement plan,

instrumentality thereof,

(D) a State, the District of Columbia, a possession of the

United States, any political subdivision of any of the

foregoing, or any wholly owned agency or instrumentality of any

one or more of the foregoing,

(E) a foreign government, a political subdivision of a

foreign government, or any wholly owned agency or

instrumentality of any one or more of the foregoing,

(F) an international organization or any wholly owned agency

or instrumentality thereof,

(G) a foreign central bank of issue,

(H) a dealer in securities or commodities required to

State, the District of Columbia, or a possession of the United

States,

(I) a real estate investment trust (as defined in section

856),

(J) an entity registered at all times during the taxable year

under the Investment Company Act of 1940,

(K) a common trust fund (as defined in section 584(a)), or

(L) any trust which -

(i) is exempt from tax under section 664(c), or

(ii) is described in section 4947(a)(1).

(5) Amounts described in this paragraph

An amount is described in this paragraph if such amount -

(A) is subject to withholding under subchapter A of chapter 3

(relating to withholding of tax on nonresident aliens and

foreign corporations) by the person paying such amount, or

(B) would be subject to withholding under subchapter A of

chapter 3 by the person paying such amount but for the fact

that -

(i) such amount is income from sources outside the United

States,

(ii) the payor thereof is exempt from the application of

section 1441(a) by reason of section 1441(c) or a tax treaty,

(iii) such amount is original issue discount (within the

meaning of section 1273(a)), or

(iv) such amount is described in section 871(i)(2).

information is required

(1) In general

Every person required to make a return under subsection (a)

shall furnish to each person whose name is required to be set

forth in such return a written statement showing -

(A) the name, address, and phone number of the information

contact of the person required to make such return, and

(B) the aggregate amount of payments to, or the aggregate

amount includible in the gross income of, the person required

to be shown on the return.

(2) Time and form of statement

The written statement under paragraph (1) -

(A) shall be furnished (either in person or in a statement

mailing by first-class mail which includes adequate notice that

the statement is enclosed) to the person on or before January

31 of the year following the calendar year for which the return

under subsection (a) was required to be made, and

(B) shall be in such form as the Secretary may prescribe by

regulations.

(d) Definitions and special rules

For purposes of this section -

(1) Person

The term "person" includes any governmental unit and any agency

or instrumentality thereof and any international organization and

any agency or instrumentality thereof.

(2) Obligation

The term "obligation" includes bonds, debentures, notes,

certificates, and other evidences of indebtedness.

(3) Payments by governmental units

In the case of payments made by any governmental unit or any

agency or instrumentality thereof, the officer or employee having

control of the payment of interest (or the person appropriately

designated for purposes of this section) shall make the returns

and statements required by this section.

(4) Financial institutions, brokers, etc., collecting interest

may be substituted for payor

To the extent and in the manner provided by regulations, in the

case of any obligation -

(A) a financial institution, broker, or other person

specified in such regulations which collects interest on such

obligation for the payee (or otherwise acts as a middleman

between the payor and the payee) shall comply with the

requirements of subsections (a) and (c), and

(B) no other person shall be required to comply with the

requirements of subsections (a) and (c) with respect to any

interest on such obligation for which reporting is required

pursuant to subparagraph (A).

(5) Interest on certain obligations may be treated on a

transactional basis

(A) In general

To the extent and in the manner provided in regulations, this

section shall apply with respect to -

(i) any person described in paragraph (4)(A), and

(ii) in the case of any United States savings bonds, any

Federal agency making payments thereon,

on any transactional basis rather than on an annual aggregation

basis.

(B) Separate returns and statements

If subparagraph (A) applies to interest on any obligation,

the return under subsection (a) and the statement furnished

under subsection (c) with respect to such transaction may be

made separately, but any such statement shall be furnished to

the payee at such time as the Secretary may prescribe by

regulations but not later than January 31 of the next calendar

year.

involving $10 or more

In the case of any transaction to which this paragraph

applies which involves the payment of $10 or more of interest,

a statement of the transaction may be provided to the payee of

such interest in lieu of the statement required under

subsection (c). Such statement shall be provided during January

of the year following the year in which such payment is made.

(6) Treatment of original issue discount

(A) In general

Original issue discount on any obligation shall be reported -

(i) as if paid at the time it is includible in gross income

under section 1272 (except that for such purpose the amount

reportable with respect to any subsequent holder shall be

determined as if he were the original holder), and

(ii) if section 1272 does not apply to the obligation, at

maturity (or, if earlier, on redemption).

In the case of any obligation not in registered form issued

before January 1, 1983, clause (ii) and not clause (i) shall

apply.

(B) Original issue discount

For purposes of this paragraph, the term "original issue

discount" has the meaning given to such term by section

1273(a).

(7) Interests in REMIC's and certain other debt instruments

(A) In general

For purposes of subsection (a), the term "interest" includes

amounts includible in gross income with respect to regular

interests in REMIC's (and such amounts shall be treated as paid

when includible in gross income under section 860B(b)).

(B) Reporting to corporations, etc.

Except as otherwise provided in regulations, in the case of

any interest described in subparagraph (A) of this paragraph

and any other debt instrument to which section 1272(a)(6)

applies, subsection (b)(4) of this section shall be applied

without regard to subparagraphs (A), (H), (I), (J), (K), and

(L)(i).

Except as otherwise provided in regulations, any return or

statement required to be filed or furnished under this section

with respect to interest income described in subparagraph (A)

and interest on any other debt instrument to which section

1272(a)(6) applies shall also provide information setting forth

the adjusted issue price of the interest to which the return or

statement relates at the beginning of each accrual period with

respect to which interest income is required to be reported on

such return or statement and information necessary to compute

accrual of market discount.

(D) Regulatory authority

The Secretary may prescribe such regulations as are necessary

or appropriate to carry out the purposes of this paragraph,

including regulations which require more frequent or more

detailed reporting.

-SOURCE-

(Added Pub. L. 87-834, Sec. 19(c), Oct. 16, 1962, 76 Stat. 1055;

amended Pub. L. 91-172, title IV, Sec. 413(c), (d), Dec. 30, 1969,

83 Stat. 611, 612; Pub. L. 94-455, title XIX, Secs. 1901(b)(6)(A),

1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1793, 1834; Pub. L. 97-248,

title III, Secs. 303(b), 308(a), 309(a), Sept. 3, 1982, 96 Stat.

587, 591; Pub. L. 97-424, title V, Sec. 547(b)(4), Jan. 6, 1983, 96

Stat. 2200; Pub. L. 98-67, title I, Secs. 102(a), (e), 108(a), Aug.

5, 1983, 97 Stat. 369, 370, 383; Pub. L. 98-369, div. A, title I,

Sec. 42(a)(14), title IV, Sec. 474(r)(29)(J), July 18, 1984, 98

Stat. 557, 845; Pub. L. 99-514, title VI, Sec. 674, title XII, Sec.

1214(c)(4), title XV, Sec. 1501(c)(5), title XVIII, Sec.

1803(a)(14)(C), Oct. 22, 1986, 100 Stat. 2319, 2543, 2737, 2797;

Pub. L. 100-647, title I, Sec. 1006(t)(24), (v), Nov. 10, 1988, 102

Stat. 3426, 3427; Pub. L. 104-168, title XII, Sec. 1201(a)(6), July

30, 1996, 110 Stat. 1469.)

-REFTEXT-

REFERENCES IN TEXT

The Investment Company Act of 1940, referred to in subsec.

(b)(4)(J), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789,

as amended, which is classified generally to subchapter I (Sec.

80a-1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see section 80a-51

of Title 15 and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1)(A). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

1988 - Subsec. (d)(7)(A). Pub. L. 100-647, Sec. 1006(v), inserted

parenthetical phrase relating to amounts treated as paid when

includible in gross income under section 860B(b).

Subsec. (d)(7)(C). Pub. L. 100-647, Sec. 1006(t)(24), substituted

"the adjusted issue price" for "the issue price".

1986 - Subsec. (b)(5)(B)(iii). Pub. L. 99-514, Sec.

1803(a)(14)(C), substituted "section 1273(a)" for "section

1232(b)(1)".

Subsec. (b)(5)(B)(iv). Pub. L. 99-514, Sec. 1214(c)(4), added cl.

(iv).

Subsec. (c). Pub. L. 99-514, Sec. 1501(c)(5), in amending subsec.

"information is furnished" in subsection heading and, in text,

substituted references to persons required to make a return for

former references to persons making a return and struck out

provisions that no statement was required if the aggregate amount

of payments to the person shown on the return was less than $10.

Subsec. (d)(7). Pub. L. 99-514, Sec. 674, added par. (7).

1984 - Subsec. (b)(2)(E). Pub. L. 98-369, Sec. 474(r)(29)(J),

struck out subpar. (E) which related to amounts on which the person

making payments was required to deduct and withhold a tax under

section 1451 (relating to tax-free covenant bonds), or would have

been so required but for section 1451(d) (relating to benefit of

personal exemptions).

Subsec. (d)(6)(A). Pub. L. 98-369, Sec. 42(a)(14)(A), substituted

"section 1272" for "section 1232A" in two places.

Subsec. (d)(6)(B). Pub. L. 98-369, Sec. 42(a)(14)(B), substituted

"section 1273(a)" for "section 1232(b)(1)".

1983 - Subsec. (a). Pub. L. 98-67, Sec. 102(e)(1), struck out

par. (3) which related to persons required under subchapter B of

chapter 24 to withhold tax on the payment of interest and, in

provisions following par. (2), substituted "and the name and

address of the person to whom paid" for ", tax deducted and

withheld, and the name and address of the person to whom paid or

from whom withheld".

Subsec. (b)(2)(B). Pub. L. 97-424 substituted "this title" for

"law".

Subsec. (b)(2)(C). Pub. L. 98-67, Sec. 102(e)(2), amended subpar.

paragraph (4), or" for "person referred to in paragraph (2) of

section 3452(c) (other than subparagraphs (J) and (K) thereof), or"

and in cl. (ii) "described in paragraph (5)," for "described in

section 3454(a)(2)(D) or (E),".

Subsec. (b)(4), (5). Pub. L. 98-67, Sec. 102(e)(2)(B), added

pars. (4) and (5).

Subsec. (c)(1)(C). Pub. L. 98-67, Sec. 102(e)(3), struck out

subpar. (C) which related to aggregate amount of tax deducted and

withheld with respect to the person under subchapter B of chapter

24.

Subsec. (c)(2). Pub. L. 98-67, Sec. 108(a), amended par. (2)

generally, inserting provision allowing the written statement to be

furnished either in person or in a separate mailing by first-class

mail and authorizing the Secretary to prescribe by regulation the

form that the written statement must take.

Subsec. (e). Pub. L. 98-67, Sec. 102(a), repealed amendments made

by Pub. L. 97-248. See 1982 Amendment note below.

1982 - Subsec. (a). Pub. L. 97-248, Sec. 309(a), redesignated

subpars. (A) and (B) of former par. (1) as pars. (1) and (2),

respectively, in par. (2) as so redesignated inserted "(as so

defined)" after "payments of interest", substituted par. (3) for

former par. (1)(C) which described corporations with evidence of

outstanding indebtedness in registered form for which during any

calendar year there was at least $10 of original issue discount

includible in the gross income of a holder under section 1232(a)(3)

of this title without regard to subpar. (B) thereof, substituted

"of such payments, tax deducted and withheld, and the name and

address of the person to whom paid or from whom withheld" for "of

such payments and such aggregate amount includible in the gross

income of any holder and the name and address of the person to whom

paid or such holder" in provisions following par. (3), formerly

following par. (1)(C), and struck out former par. (2), which

directed persons making aggregate interest payments of less than

$10 to another person during any calendar year to report such

payments and the recipients when required by the Secretary, and

former par. (3), which required all corporations making payments of

any amount of interest other than as defined in subsec. (b) to

report such payments and the recipients when required by the

Secretary.

Subsec. (b). Pub. L. 97-248, Sec. 309(a), substituted "subsection

(a)" for "subsections (a)(1) and (2)" in provisions preceding

subpar. (A), in subpar. (A) substituted "any obligation (i) issued

in registered form, or (ii) of a type offered to the public, other

than any obligation with a maturity (at issue) of not more than 1

year which is held by a corporation" for "evidences of indebtedness

(including bonds, debentures, notes, and certificates) issued by a

corporation in registered form, and, to the extent provided in

regulations prescribed by the Secretary, interest on other

evidences of indebtedness issued by a corporation of a type offered

by corporations to the public" in subpar. (C) inserted "industrial

loan association or bank" to list of payors of interest, in subpar.

(E) substituted "brokers (as defined in section 6045(c))" for

"stockbrokers and dealers in securities", added subpars. (F) and

(G), in par. (2) substituted "subsection (a)" for "subsections

(a)(1) and (2)" in provisions preceding subpar. (A), added subpar.

(A), redesignated former subpar. (A) as (B), in subpar. (B) as so

redesignated inserted reference to exemption under any provision of

law, added subpar. (C), redesignated former subpar. (B) as (D), in

subpar. (D) as so redesignated substituted provisions that the

subpar. operates except to the extent otherwise provided in

regulations or in subpar. (C) for provisions that the subpar.

operates to the extent provided in regulations, added cls. (i) and

(ii), designated existing provisions as cls. (iii) to (v), in cl.

(iii) as so designated inserted specification of not being engaged

in trade or business in the United States, in cl. (iv) as so

designated inserted specification of exemption under subchapter A

of chapter 3, redesignated former subpar. (C) as (E), and added

par. (3).

Subsec. (c). Pub. L. 97-248, Sec. 309(a), substituted "subsection

(a)" for "subsection (a)(1)" wherever appearing, designated

provision before former par. (1) as par. (1), redesignated former

pars. (1) and (2) as subpars. (A) and (B), respectively, added

subpar. (C), designated first sentence after former par. (2) as

par. (2), designated second sentence after former par. (2) as par.

(3), in par. (3) as so designated inserted "with respect to

payments of interest to any person" after "No statement", struck

out ", or the aggregate amount includible in the gross income of,"

after "payments to", and substituted "paragraph (1) or (2)" for

"subparagraph (A), (B), or (C)" after "with respect to".

Subsec. (d). Pub. L. 97-248, Sec. 309(a), added subsec. (d).

Subsec. (e). Pub. L. 97-248, Secs. 303(b), 308(a), provided that,

applicable to payments of interest, dividends, and patronage

dividends paid or credited after June 30, 1983, a new subsec. (e)

is added. Section 102(a), (b) of Pub. L. 98-67, title I, Aug. 5,

1983, 97 Stat. 369, repealed subtitle A (Secs. 301-308) of title

III of Pub. L. 97-248 as of the close of June 30, 1983, and

provided that the Internal Revenue Code of 1954 [now 1986] [this

title] shall be applied and administered (subject to certain

exceptions) as if such subtitle A (and the amendments made by such

subtitle A) had not been enacted.

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck

out "or his delegate" after "Secretary" wherever appearing.

Subsec. (b)(1), (2)(A), (B). Pub. L. 94-455, Secs. 1901(b)(6)(A),

1906(b)(13)(A), substituted "section 103(a)" for "section 103(a)(1)

or (3)", and struck out "or his delegate" after "Secretary"

wherever appearing.

1969 - Subsec. (a)(1)(C). Pub. L. 91-172, Sec. 413(c), added

subpar. (C).

Subsec. (c). Pub. L. 91-172, Sec. 413(d), further qualified

requirement to furnish statement by reference to aggregate amount

includible in gross income.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 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 674 of Pub. L. 99-514 effective Jan. 1,

1987, see section 675(a) of Pub. L. 99-514, as amended, set out as

an Effective Date note under section 860A of this title.

Amendment by section 1214(c)(4) of Pub. L. 99-514 applicable to

payments made in taxable year of payor beginning after Dec. 31,

1986, except as otherwise provided, see section 1214(d) of Pub. L.

99-514, as amended, set out as a note under section 861 of this

title.

Amendment by section 1501(c)(5) of Pub. L. 99-514 applicable to

returns the due date for which (determined without regard to

extensions) is after Oct. 22, 1986, see section 1501(e) of Pub. L.

99-514, set out as an Effective Date note under section 6721 of

this title.

Amendment by section 1803(a)(14)(C) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in the provisions of

the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such

amendment relates, see section 1881 of Pub. L. 99-514, set out as a

note under section 48 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 42(a)(14) of Pub. L. 98-369 applicable to

taxable years ending after July 18, 1984, see section 44 of Pub. L.

98-369, set out as an Effective Date note under section 1271 of

this title.

Amendment by section 474(r)(29)(J) of Pub. L. 98-369 not

applicable with respect to obligations issued before Jan. 1, 1984,

see section 475(b) of Pub. L. 98-369, set out as a note under

section 33 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 102(a), (e) of Pub. L. 98-67 effective as of

close of June 30, 1983, see section 110(b) of Pub. L. 98-67, set

out as a note under section 31 of this title.

Amendment by section 108(a) of Pub. L. 98-67 applicable with

respect to payments made after Dec. 31, 1983, see section 110(a) of

Pub. L. 98-67.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 309(c) of Pub. L. 97-248 provided that: "The amendments

made by this section [amending this section and sections 6041,

6652, and 6678 of this title] shall apply to amounts paid (or

treated as paid) after December 31, 1982."

EFFECTIVE DATE OF 1969 AMENDMENT

Section 413(e) of Pub. L. 91-172 provided that: "The amendments

made by this section [amending this section and section 1232 of

this title] shall apply with respect to bonds and other evidences

of indebtedness issued after May 27, 1969 (other than evidences of

indebtedness issued pursuant to a written commitment which was

binding on May 27, 1969, and at all times thereafter)."

EFFECTIVE DATE

Section applicable to payments of dividends and interest made on

or after Jan. 1, 1963, and to payments of amounts described in

section 6044(b) of this title made on or after Jan. 1, 1963, with

respect to patronage occurring on or after the first day of the

first taxable year of the cooperative beginning on or after Jan. 1,

1963, see section 19(h) of Pub. L. 87-834, set out as an Effective

Date of 1962 Amendment note under section 6042 of this title.

APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION

TO TREATY OBLIGATIONS OF UNITED STATES

For nonapplication of amendment by section 1214(c)(4) of Pub. L.

99-514 to the extent application of such amendment would be

contrary to any treaty obligation of the United States in effect on

Oct. 22, 1986, with provision that for such purposes any amendment

by title I of Pub. L. 100-647 be treated as if it had been included

in the provision of Pub. L. 99-514 to which such amendment relates,

see section 1012(aa)(3), (4) of Pub. L. 100-647, set out as a note

under section 861 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1276, 1278, 3406, 6041,

6042, 6050N, 6724 of this title.

-End-

-CITE-

26 USC [Sec. 6050 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 B - Information Concerning Transactions With Other Persons

-HEAD-

[Sec. 6050. Repealed. Pub. L. 96-167, Sec. 5(a), Dec. 29, 1979, 93

Stat. 1276]

-MISC1-

Section, added Pub. L. 91-172, title I, Sec. 121(e)(1), Dec. 30,

1969, 83 Stat. 548; amended Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, provided for a return

by transferor of income producing property if the transferee was

known to be an organization referred to in section 511(a) or (b)

and property had a fair market value in excess of $50,000.

EFFECTIVE DATE OF REPEAL

Section 5(c) of Pub. L. 96-167 provided that: "The amendments

made by this section [repealing this section] shall apply to

transfers after the date of the enactment of this Act [Dec. 29,

1979]."

-End-

-CITE-

26 USC Sec. 6050A 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050A. Reporting requirements of certain fishing boat

operators

-STATUTE-

(a) Reports

The operator of a boat on which one or more individuals, during a

calendar year, perform services described in section 3121(b)(20)

shall submit to the Secretary (at such time, and in such manner and

form, as the Secretary shall by regulations prescribe) information

respecting -

(1) the identity of each individual performing such services;

(2) the percentage of each such individual's share of the

catches of fish or other forms of aquatic animal life, and the

percentage of the operator's share of such catches;

(3) if such individual receives his share in kind, the type and

weight of such share, together with such other information as the

Secretary may prescribe by regulations reasonably necessary to

determine the value of such share;

(4) if such individual receives a share of the proceeds of such

catches, the amount so received; and

(5) any cash remuneration described in section 3121(b)(20)(A).

(b) Written statement

Every person required to make a return under subsection (a) shall

furnish to each person whose name is required to be set forth in

such return a written statement showing the information relating to

such person required to be contained in such return. The written

statement required under the preceding sentence shall be furnished

to the person on or before January 31 of the year following the

calendar year for which the return under subsection (a) was

required to be made.

-SOURCE-

(Added Pub. L. 94-455, title XII, Sec. 1207(e)(3)(A), Oct. 4, 1976,

90 Stat. 1707; amended Pub. L. 99-514, title XV, Sec. 1501(c)(6),

Oct. 22, 1986, 100 Stat. 2737; Pub. L. 104-188, title I, Sec.

1116(a)(1)(C), Aug. 20, 1996, 110 Stat. 1762.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(5). Pub. L. 104-188 added par. (5).

1986 - Subsec. (b). Pub. L. 99-514 amended subsec. (b) generally.

Prior to amendment, subsec. (b) read as follows: "Every person

making a return under subsection (a) shall furnish to each person

whose name is set forth in such return a written statement showing

the information relating to such person contained in such return.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was made."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendments by Pub. L. 104-188 applicable to remuneration paid

after Dec. 31, 1996, see section 1116(a)(3)(B) of Pub. L. 104-188,

set out as a note under section 3121 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after 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

Section effective for calendar years beginning after Oct. 4,

1976, see section 1207(f)(4)(A) of Pub. L. 94-455, set out as a

note under section 3121 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3406, 6724 of this title.

-End-

-CITE-

26 USC Sec. 6050B 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050B. Returns relating to unemployment compensation

-STATUTE-

(a) Requirement of reporting

Every person who makes payments of unemployment compensation

aggregating $10 or more to any individual during any calendar year

shall make a return according to the forms or regulations

prescribed by the Secretary, setting forth the aggregate amounts of

such payments and the name and address of the individual to whom

paid.

(b) Statements to be furnished to individuals with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the aggregate amount of payments to the individual required

to be shown on such return.

The written statement required under the preceding sentence shall

be furnished to the individual on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

For purposes of this section -

(1) Unemployment compensation

The term "unemployment compensation" has the meaning given to

such term by section 85(b).

(2) Person

The term "person" means the officer or employee having control

of the payment of the unemployment compensation, or the person

appropriately designated for purposes of this section.

-SOURCE-

(Added Pub. L. 95-600, title I, Sec. 112(b), Nov. 6, 1978, 92 Stat.

2777; amended Pub. L. 99-514, title XV, Sec. 1501(c)(7), Oct. 22,

1986, 100 Stat. 2738; Pub. L. 104-168, title XII, Sec. 1201(a)(7),

July 30, 1996, 110 Stat. 1469; Pub. L. 104-188, title I, Sec.

1704(t)(14), Aug. 20, 1996, 110 Stat. 1888.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

Subsec. (c)(1). Pub. L. 104-188 substituted "section 85(b)" for

"section 85(c)".

1986 - Subsec. (b). Pub. L. 99-514, in amending subsec. (b)

generally, substituted references to persons required to make a

return for former references to persons making a return and

references to individuals whose names are required to be set forth

for former references to individuals whose names are set forth, and

struck out provision directing that no statement is required to be

furnished to individuals if the aggregate amount of payments to

such individual shown on the return is less than $10.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after 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

Section applicable to payments of unemployment compensation made

after Dec. 31, 1978, in taxable years ending after such date, but

not applicable to payments made for weeks of unemployment ending

before Dec. 1, 1978, see section 112(d) of Pub. L. 95-600, as

amended, set out as a note under section 85 of this title.

WAIVER OF STATUTE OF LIMITATIONS

For provisions relating to credit or refund of overpayment of tax

resulting from 1984 amendment to section 112(d) of Pub. L. 95-600,

see section 1075(b) of Pub. L. 98-369, set out as a note under

section 85 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 502.

-End-

-CITE-

26 USC [Sec. 6050C 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 B - Information Concerning Transactions With Other Persons

-HEAD-

[Sec. 6050C. Repealed. Pub. L. 100-418, title I, Sec. 1941(b)(1),

Aug. 23, 1988, 102 Stat. 1323]

-MISC1-

Section, added Pub. L. 96-223, title I, Sec. 101(d)(1), Apr. 2,

1980, 94 Stat. 251; amended Pub. L. 99-514, title XV, Sec.

1501(d)(1)(E), Oct. 22, 1986, 100 Stat. 2740, related to

information regarding windfall profit tax on domestic crude oil.

EFFECTIVE DATE OF REPEAL

Repeal applicable to crude oil removed from the premises on or

after Aug. 23, 1988, see section 1941(c) of Pub. L. 100-418, set

out as an Effective Date of 1988 Amendment note under section 164

of this title.

-End-

-CITE-

26 USC Sec. 6050D 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050D. Returns relating to energy grants and financing

-STATUTE-

(a) In general

Every person who administers a Federal, State, or local program a

principal purpose of which is to provide subsidized financing or

grants for projects to conserve or produce energy shall, to the

extent required under regulations prescribed by the Secretary, make

a return setting forth the name and address of each taxpayer

receiving financing or a grant under such program and the aggregate

amount so received by such individual.

(b) Definition of person

For purposes of this section, the term "person" means the officer

or employee having control of the program, or the person

appropriately designated for purposes of this section.

-SOURCE-

(Added Pub. L. 96-223, title II, Sec. 203(b)(1), Apr. 2, 1980, 94

Stat. 259.)

-MISC1-

EFFECTIVE DATE

Section 203(c) of Pub. L. 96-223 provided that: "The amendments

made by this section [amending this section and section 23 of this

title] shall apply to taxable years beginning after December 31,

1980, but only with respect to financing or grants made after such

date."

-End-

-CITE-

26 USC Sec. 6050E 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050E. State and local income tax refunds

-STATUTE-

(a) Requirement of reporting

Every person who, with respect to any individual, during any

calendar year makes payments of refunds of State or local income

taxes (or allows credits or offsets with respect to such taxes)

aggregating $10 or more shall make a return according to forms or

regulations prescribed by the Secretary setting forth the aggregate

amount of such payments, credits, or offsets, and the name and

address of the individual with respect to whom such payment,

credit, or offset was made.

(b) Statements to be furnished to individuals with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return a written statement showing -

(1) the name of the State or political subdivision thereof, and

(2) the information required to be shown on the return with

respect to refunds, credits, and offsets to the individual.

The written statement required under the preceding sentence shall

be furnished to the individual during January of the calendar year

following the calendar year for which the return under subsection

(a) was required to be made. No statement shall be required under

this subsection with respect to any individual if it is determined

(in the manner provided by regulations) that such individual did

not claim itemized deductions under chapter 1 for the taxable year

giving rise to the refund, credit, or offset.

For purposes of this section, the term "person" means the officer

or employee having control of the payment of the refunds (or the

allowance of the credits or offsets) or the person appropriately

designated for purposes of this section.

-SOURCE-

(Added Pub. L. 97-248, title III, Sec. 313(a), Sept. 3, 1982, 96

Stat. 603; amended Pub. L. 98-369, div. A, title I, Sec. 151(a),

July 18, 1984, 98 Stat. 690; Pub. L. 99-514, title XV, Sec.

1501(c)(8), Oct. 22, 1986, 100 Stat. 2738.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-514, in amending subsec. (b)

generally, substituted "information is required" for "information

is furnished" in heading and, in text, substituted references to

persons required to make a return for former references to persons

making a return and references to persons whose name is required to

be set forth for former references to persons whose name is set

forth.

1984 - Subsec. (b). Pub. L. 98-369 inserted provision that no

statement is required under this subsection with respect to any

individual if it is determined (in the manner provided by

regulations) that such individual did not claim itemized deductions

under chapter 1 for the taxable year giving rise to the refund,

credit, or offset.

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 1984 AMENDMENT

Section 151(b) of Pub. L. 98-369 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

payments of refunds, and credits and offsets made, after December

31, 1982."

EFFECTIVE DATE

Section 313(c) of Pub. L. 97-248 provided that: "The amendments

made by this section [enacting this section] shall apply to

payments of refunds, and credits and offsets made, after December

31, 1982."

-End-

-CITE-

26 USC Sec. 6050F 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050F. Returns relating to social security benefits

-STATUTE-

(a) Requirement of reporting

The appropriate Federal official shall make a return, according

to the forms and regulations prescribed by the Secretary, setting

forth -

(1) the -

(A) aggregate amount of social security benefits paid with

respect to any individual during any calendar year,

(B) aggregate amount of social security benefits repaid by

such individual during such calendar year, and

Security Act (or under section 3(a)(1) of the Railroad

Retirement Act of 1974) in benefits which would otherwise have

been paid to such individual during the calendar year on

account of amounts received under a workmen's compensation act,

and

(2) the name and address of such individual.

(b) Statements to be furnished to persons with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return a written statement showing -

(1) the name of the agency making the payments, and

(2) the aggregate amount of payments, of repayments, and of

reductions, with respect to the individual required to be shown

on such return.

The written statement required under the preceding sentence shall

be furnished to the individual on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

For purposes of this section

(1) Appropriate Federal official

The term "appropriate Federal official" means -

(A) the Commissioner of Social Security in the case of social

security benefits described in section 86(d)(1)(A), and

(B) the Railroad Retirement Board in the case of social

security benefits described in section 86(d)(1)(B).

(2) Social security benefit

The term "social security benefit" has the meaning given to

such term by section 86(d)(1).

-SOURCE-

(Added Pub. L. 98-21, title I, Sec. 121(b), Apr. 20, 1983, 97 Stat.

82; amended Pub. L. 99-514, title XV, Sec. 1501(c)(9), Oct. 22,

1986, 100 Stat. 2738; Pub. L. 100-360, title I, Sec. 111(b), July

1, 1988, 102 Stat. 697; Pub. L. 101-234, title I, Sec. 102(a), Dec.

13, 1989, 103 Stat. 1980; Pub. L. 103-296, title I, Sec. 108(h)(4),

Aug. 15, 1994, 108 Stat. 1487.)

-REFTEXT-

REFERENCES IN TEXT

Section 224 of the Social Security Act, referred to in subsec.

(a)(1)(C), is classified to section 424a of Title 42, The Public

Health and Welfare.

Section 3(a)(1) of the Railroad Retirement Act of 1974, referred

to in subsec. (a)(1)(C), is classified to section 231b(a)(1) of

Title 45, Railroads.

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(1)(A). Pub. L. 103-296 substituted

"Commissioner of Social Security" for "Secretary of Health and

Human Services".

1989 - Subsecs. (a), (b)(1), (2), (c)(1)(A). Pub. L. 101-234,

Sec. 102(a), repealed Pub. L. 100-360, Sec. 111, and provided that

the provisions of law amended by such section are restored or

revived as if such section had not been enacted, see 1988 Amendment

note below.

1988 - Subsec. (a). Pub. L. 100-360, Sec. 111(b)(1), added par.

(2) and redesignated former par. (2) as (3).

Subsec. (b)(1). Pub. L. 100-360, Sec. 111(b)(2)(A), inserted "or

making the determination under subsection (a)(2)" after "payments".

Subsec. (b)(2). Pub. L. 100-360, Sec. 111(b)(2)(B), inserted "and

the information required under subsection (a)(2)," after

"reductions,".

Subsec. (c)(1)(A). Pub. L. 100-360, Sec. 111(b)(3), inserted "and

the information required under subsection (a)(2)" after "section

86(d)(1)(A)".

1986 - Subsec. (b). Pub. L. 99-514, in amending subsec. (b)

generally, substituted "information is required" for "information

is furnished" in heading and, in text, substituted references to

persons required to make a return for former references to persons

making a return and references to persons whose name is required to

be set forth for former references to persons whose name is set

forth.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-234 applicable to taxable years

beginning after Dec. 31, 1988, see section 102(d)(2) of Pub. L.

101-234, set out as an Effective Date of Repeal note under section

59B of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-360 applicable to taxable years

beginning after Dec. 31, 1988, see section 111(e) of Pub. L.

100-360, set out as an Effective Date note under section 59B of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after 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

Section applicable to benefits received after Dec. 31, 1983, in

taxable years ending after such date, except for any portion of a

lump-sum payment of social security benefits received after Dec.

31, 1983, if the generally applicable payment date for such portion

was before Jan. 1, 1984, see section 121(g) of Pub. L. 98-21, set

out as a note under section 86 of this title.

REPEAL OF SUPPLEMENTAL MEDICARE PREMIUM AND FEDERAL HOSPITAL

INSURANCE CATASTROPHIC COVERAGE RESERVE FUND

Section 102(a) of Pub. L. 101-234 provided that: "Sections 111

and 112 of MCCA [Pub. L. 100-360, which enacted section 59B of this

title and section 1395i-1a of Title 42, The Public Health and

Welfare, amended this section, and enacted provisions set out as

notes under section 59B of this title and section 1395i-1a of Title

42] are repealed and the provisions of law amended by such sections

are restored or revived as if such sections had not been enacted."

-End-

-CITE-

26 USC Sec. 6050G 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050G. Returns relating to certain railroad retirement

benefits

-STATUTE-

(a) In general

The Railroad Retirement Board shall make a return, according to

the forms and regulations prescribed by the Secretary, setting

forth -

(1) the aggregate amount of benefits paid under the Railroad

Retirement Act of 1974 (other than tier 1 railroad retirement

benefits, as defined in section 86(d)(4)) to any individual

during any calendar year,

(2) the employee contributions (to the extent not previously

taken into account under section 72(d)(1)) (!1) which are treated

as having been paid for purposes of section 72(r),

(3) the name and address of such individual, and

(4) such other information as the Secretary may require.

(b) Statements to be furnished to persons with respect to whom

information is required

The Railroad Retirement Board shall furnish to each individual

whose name is required to be set forth in the return under

subsection (a) a written statement showing -

(1) the aggregate amount of payments to such individual, and of

employee contributions with respect thereto, required to be shown

on the return, and

(2) such other information as the Secretary may require.

The written statement required under the preceding sentence shall

be furnished to the individual on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

-SOURCE-

(Added Pub. L. 98-76, title II, Sec. 224(b)(1), Aug. 12, 1983, 97

Stat. 422; amended Pub. L. 99-514, title XV, Sec. 1501(c)(10), Oct.

22, 1986, 100 Stat. 2739.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Retirement Act of 1974, referred to in subsec.

(a)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.

L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which

is classified generally to subchapter IV (Sec. 231 et seq.) of

chapter 9 of Title 45, Railroads. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of Title 45, section 231t of Title 45,

and Tables.

Section 72(d), referred to in subsec. (a)(2), was repealed by

Pub. L. 99-514, title XI, Sec. 1122(c)(1), Oct. 22, 1986, 100 Stat.

2467. A new section 72(d) was added by Pub. L. 100-647, title I,

Sec. 1011A(b)(2)(A), Nov. 10, 1988, 102 Stat. 3472, and

subsequently amended generally by Pub. L. 104-188, title I, Sec.

1403(a), Aug. 20, 1996, 110 Stat. 1790.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-514, in amending subsec. (b)

generally, substituted "information is required" for "information

is furnished" in heading and, in text, substituted references to

persons required to make a return for former references to persons

making a return and references to persons whose name is required to

be set forth for former references to persons whose name is set

forth.

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

Enactment of section applicable to benefits received after Dec.

31, 1983, in taxable years ending after such date, except for

portions of lump-sum payments received after Dec. 31, 1983, if the

generally applicable payment date for such portion was before Jan.

1, 1984, see section 227(b) of Pub. L. 98-76, set out as an

Effective Date of 1983 Amendment note under section 72 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

26 USC Sec. 6050H 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050H. Returns relating to mortgage interest received in trade

or business from individuals

-STATUTE-

(a) Mortgage interest of $600 or more

Any person -

(1) who is engaged in a trade or business, and

(2) who, in the course of such trade or business, receives from

any individual interest aggregating $600 or more for any calendar

year on any mortgage,

shall make the return described in subsection (b) with respect to

each individual from whom such interest was received at such time

as the Secretary may by regulations prescribe.

(b) Form and manner of returns

A return is described in this subsection if such return -

(1) is in such form as the Secretary may prescribe,

(2) contains -

(A) the name and address of the individual from whom the

interest described in subsection (a)(2) was received,

(B) the amount of such interest (other than points) received

for the calendar year,

calendar year and whether such points were paid directly by the

borrower, and

(D) such other information as the Secretary may prescribe.

For purposes of subsection (a) -

(1) Treated as persons

The term "person" includes any governmental unit (and any

agency or instrumentality thereof).

(2) Special rules

In the case of a governmental unit or any agency or

instrumentality thereof -

(A) subsection (a) shall be applied without regard to the

trade or business requirement contained therein, and

(B) any return required under subsection (a) shall be made by

the officer or employee appropriately designated for the

purpose of making such return.

(d) Statements to be furnished to individuals with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the aggregate amount of interest described in subsection

(a)(2) (other than points) received by the person required to

make such return from the individual to whom the statement is

required to be furnished (and the information required under

subsection (b)(2)(C)).

The written statement required under the preceding sentence shall

be furnished on or before January 31 of the year following the

calendar year for which the return under subsection (a) was

required to be made.

(e) Mortgage defined

For purposes of this section, except as provided in regulations

prescribed by the Secretary, the term "mortgage" means any

obligation secured by real property.

(f) Returns which would be required to be made by 2 or more persons

Except to the extent provided in regulations prescribed by the

Secretary, in the case of interest received by any person on behalf

of another person, only the person first receiving such interest

shall be required to make the return under subsection (a).

(g) Special rules for cooperative housing corporations

For purposes of subsection (a), an amount received by a

cooperative housing corporation from a tenant-stockholder shall be

deemed to be interest received on a mortgage in the course of a

trade or business engaged in by such corporation, to the extent of

the tenant-stockholder's proportionate share of interest described

in section 216(a)(2). Terms used in the preceding sentence shall

have the same meanings as when used in section 216.

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 145(a), July 18, 1984,

98 Stat. 684; amended Pub. L. 99-514, title XV, Sec. 1501(c)(11),

title XVIII, Sec. 1811(a)(1), Oct. 22, 1986, 100 Stat. 2739, 2832;

Pub. L. 101-239, title VII, Sec. 7646(a), (b), Dec. 19, 1989, 103

Stat. 2382; Pub. L. 104-168, title XII, Sec. 1201(a)(8), July 30,

1996, 110 Stat. 1469; Pub. L. 104-188, title I, Sec. 1704(t)(23),

Aug. 20, 1996, 110 Stat. 1888.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(2)(B). Pub. L. 104-188 made technical

amendment to directory language of Pub. L. 101-239, Sec.

7646(b)(1). See 1989 Amendment note below.

Subsec. (d)(1). Pub. L. 104-168 substituted "name, address, and

phone number of the information contact" for "name and address".

1989 - Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 7646(b)(1), as

amended by Pub. L. 104-188, inserted "(other than points)" after

"such interest".

Subsec. (b)(2)(C), (D). Pub. L. 102-239, Sec. 7646(a), added

subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (d)(2). Pub. L. 102-239, Sec. 7646(b)(2), inserted

"(other than points)" after "subsection (a)(2)" and "(and the

information required under subsection (b)(2)(C))" after "to be

furnished".

1986 - Subsec. (d). Pub. L. 99-514, Sec. 1501(c)(11), in amending

subsec. (d) generally, substituted "information is required" for

"information is furnished" in heading and, in text, substituted

references to persons required to make a return for former

references to persons making a return and references to persons

whose name is required to be set forth for former references to

persons whose name is set forth.

Subsec. (g). Pub. L. 99-514, Sec. 1811(a)(1), added subsec. (g).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 7646(c) of Pub. L. 101-239 provided that: "The amendments

made by this section [amending this section] shall apply to returns

and statements the due date for which (determined without regard to

extensions) is after December 31, 1991."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1501(c)(11) of Pub. L. 99-514 applicable to

returns the due date for which (determined without regard to

extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.

99-514, set out as an Effective Date note under section 6721 of

this title.

Amendment by section 1811(a)(1) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in the provisions of

the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such

amendment relates, see section 1881 of Pub. L. 99-514, set out as a

note under section 48 of this title.

EFFECTIVE DATE

Section 145(d) of Pub. L. 98-369, as amended by Pub. L. 99-514,

Sec. 2, title XVIII, Sec. 1811(a)(2), Oct. 22, 1986, 100 Stat.

2095, 2832, provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting this section and amending

sections 6652 and 6678 of this title] shall apply to amounts

received after December 31, 1984.

"(2) Special rule for obligations in existence on december 31,

1984. - In the case of any obligation in existence on December 31,

1984, no penalty shall be imposed under section 6676 of the

Internal Revenue Code of 1986 [formerly I.R.C. 1954] by reason of

the amendments made by this section on any failure to supply a

taxpayer identification number with respect to amounts received

before January 1, 1986."

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 6721, 6722, 6724 of this

title.

-End-

-CITE-

26 USC Sec. 6050I 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050I. Returns relating to cash received in trade or business,

etc.

-STATUTE-

(a) Cash receipts of more than $10,000

Any person -

(1) who is engaged in a trade or business, and

(2) who, in the course of such trade or business, receives more

than $10,000 in cash in 1 transaction (or 2 or more related

transactions),

shall make the return described in subsection (b) with respect to

such transaction (or related transactions) at such time as the

Secretary may by regulations prescribe.

(b) Form and manner of returns

A return is described in this subsection if such return -

(1) is in such form as the Secretary may prescribe,

(2) contains -

(A) the name, address, and TIN of the person from whom the

cash was received,

(B) the amount of cash received,

(D) such other information as the Secretary may prescribe.

(1) Cash received by financial institutions

Subsection (a) shall not apply to -

(A) cash received in a transaction reported under title 31,

United States Code, if the Secretary determines that reporting

under this section would duplicate the reporting to the

Treasury under title 31, United States Code, or

(B) cash received by any financial institution (as defined in

subparagraphs (A), (B), (C), (D), (E), (F), (G), (J), (K), (R),

and (S) of section 5312(a)(2) of title 31, United States Code).

(2) Transactions occurring outside the United States

Except to the extent provided in regulations prescribed by the

Secretary, subsection (a) shall not apply to any transaction if

the entire transaction occurs outside the United States.

(d) Cash includes foreign currency and certain monetary instruments

For purposes of this section, the term "cash" includes -

(1) foreign currency, and

(2) to the extent provided in regulations prescribed by the

Secretary, any monetary instrument (whether or not in bearer

form) with a face amount of not more than $10,000.

Paragraph (2) shall not apply to any check drawn on the account of

the writer in a financial institution referred to in subsection

(c)(1)(B).

(e) Statements to be furnished to persons with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each person whose name is required to be set forth in

such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the aggregate amount of cash described in subsection (a)

received by the person required to make such return.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

(f) Structuring transactions to evade reporting requirements

prohibited

(1) In general

No person shall for the purpose of evading the return

requirements of this section -

(A) cause or attempt to cause a trade or business to fail to

file a return required under this section,

(B) cause or attempt to cause a trade or business to file a

return required under this section that contains a material

omission or misstatement of fact, or

structure or assist in structuring, any transaction with one or

more trades or businesses.

(2) Penalties

A person violating paragraph (1) of this subsection shall be

subject to the same civil and criminal sanctions applicable to a

person which fails to file or completes a false or incorrect

return under this section.

(g) Cash received by criminal court clerks

(1) In general

Every clerk of a Federal or State criminal court who receives

more than $10,000 in cash as bail for any individual charged with

a specified criminal offense shall make a return described in

paragraph (2) (at such time as the Secretary may by regulations

prescribe) with respect to the receipt of such bail.

(2) Return

A return is described in this paragraph if such return -

(A) is in such form as the Secretary may prescribe, and

(B) contains -

(i) the name, address, and TIN of -

(I) the individual charged with the specified criminal

offense, and

(II) each person posting the bail (other than a person

licensed as a bail bondsman),

(ii) the amount of cash received,

(iii) the date the cash was received, and

(iv) such other information as the Secretary may prescribe.

(3) Specified criminal offense

For purposes of this subsection, the term "specified criminal

offense" means -

(A) any Federal criminal offense involving a controlled

substance,

(B) racketeering (as defined in section 1951, 1952, or 1955

of title 18, United States Code),

such title), and

(D) any State criminal offense substantially similar to an

offense described in subparagraph (A), (B), or (C).

(4) Information to Federal prosecutors

Each clerk required to include on a return under paragraph (1)

the information described in paragraph (2)(B) with respect to an

individual described in paragraph (2)(B)(i)(I) shall furnish (at

such time as the Secretary may by regulations prescribe) a

written statement showing such information to the United States

Attorney for the jurisdiction in which such individual resides

and the jurisdiction in which the specified criminal offense

occurred.

(5) Information to payors of bail

Each clerk required to make a return under paragraph (1) shall

furnish (at such time as the Secretary may by regulations

prescribe) to each person whose name is required to be set forth

in such return by reason of paragraph (2)(B)(i)(II) a written

statement showing -

(A) the name and address of the clerk's office required to

make the return, and

(B) the aggregate amount of cash described in paragraph (1)

received by such clerk.

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 146(a), July 18, 1984,

98 Stat. 685; amended Pub. L. 99-514, title XV, Sec. 1501(c)(12),

Oct. 22, 1986, 100 Stat. 2739; Pub. L. 100-690, title VII, Sec.

7601(a)(1), Nov. 18, 1988, 102 Stat. 4503; Pub. L. 101-508, title

XI, Sec. 11318(a), (c), Nov. 5, 1990, 104 Stat. 1388-458, 1388-459;

Pub. L. 103-322, title II, Sec. 20415(a), (b)(3), Sept. 13, 1994,

108 Stat. 1832, 1833; Pub. L. 104-168, title XII, Sec. 1201(a)(9),

July 30, 1996, 110 Stat. 1469.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

1994 - Pub. L. 103-322, Sec. 20415(b)(3), substituted "business,

etc." for "business" in section catchline.

Subsec. (g). Pub. L. 103-322, Sec. 20415(a), added subsec. (g).

1990 - Subsec. (d). Pub. L. 101-508, Sec. 11318(a), substituted

heading for one which read: "Cash includes foreign currency" and

amended text generally. Prior to amendment, text read as follows:

"For purposes of this section, the term 'cash' includes foreign

currency."

Subsec. (f). Pub. L. 101-508, Sec. 11318(c), substituted heading

for one which read: "Actions by payors".

1988 - Subsec. (f). Pub. L. 100-690 added subsec. (f).

1986 - Subsec. (e). Pub. L. 99-514 substituted "information is

required" for "information is furnished" in heading and, in text,

substituted references to persons required to make a return for

former references to persons making a return and references to

persons whose name is required to be set forth for former

references to persons whose name is set forth.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 20415(d) of Pub. L. 103-322 provided that: "The

amendments made by this section [amending this section and section

6724 of this title] shall take effect on the 60th day after the

date on which the temporary regulations are prescribed under

subsection (c) [section 20415(c) of Pub. L. 103-322, set out as a

Regulations note below]." [Temporary regulations under section

20415(c) of Pub. L. 103-322 were filed Dec. 12, 1994, published

Dec. 15, 1994, 59 F.R. 64572, and effective Feb. 13, 1995.]

EFFECTIVE DATE OF 1990 AMENDMENT

Section 11318(e) of Pub. L. 101-508 provided that:

"(1) The amendments made by subsections (a) and (b) [amending

this section and section 6721 of this title] shall apply to amounts

received after the date of the enactment of this Act [Nov. 5,

1990].

"(2) The amendment made by subsection (c) [amending this section]

shall take effect on the date of the enactment of this Act.

"(3) Not later than June 1, 1991, the Secretary of the Treasury

or his delegate shall prescribe regulations under section

6050I(d)(2) of the Internal Revenue Code of 1986 (as amended by

this section)."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 7601(a)(3) of Pub. L. 100-690 provided that: "The

amendments made by this subsection [amending this section and

sections 6721 and 7203 of this title] shall apply to actions after

the date of the enactment of this Act [Nov. 18, 1988]."

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

Section 146(d) of Pub. L. 98-369 provided that: "The amendments

made by this section [enacting this section and amending sections

6652 and 6678 of this title] shall apply to amounts received after

December 31, 1984."

REGULATIONS

Section 20415(c) of Pub. L. 103-322 provided that: "The Secretary

of the Treasury or the Secretary's delegate shall prescribe

temporary regulations under the amendments made by this section

[amending this section and section 6724 of this title] within 90

days after the date of enactment of this Act [Sept. 13, 1994]."

[Temporary regulations under section 20415(c) of Pub. L. 103-322

were filed Dec. 12, 1994, published Dec. 15, 1994, 59 F.R. 64572,

and effective Feb. 13, 1995.]

REPORTS ON USES MADE OF CURRENCY TRANSACTION REPORTS

For requirement of Secretary of the Treasury to report to

Congress on number of reports filed under this section yearly, the

rate of compliance with reporting requirements, the manner in which

Federal agencies collect, organize and analyze such data, and

sanctions imposed and indictments filed for failure to comply, see

section 101 of Pub. L. 101-647, set out as a note under section

5311 of Title 31, Money and Finance.

NO INFERENCE TO BE DRAWN FROM AMENDMENT

Section 7601(a)(4) of Pub. L. 100-690 provided that: "No

inference shall be drawn from the amendment made by paragraph (1)

[amending this section] on the application of the Internal Revenue

Code of 1986 without regard to such amendment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6050R, 6103, 6721, 6724,

7203 of this title; title 12 section 3420; title 25 section 2719;

title 28 section 524.

-End-

-CITE-

26 USC Sec. 6050J 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050J. Returns relating to foreclosures and abandonments of

security

-STATUTE-

(a) In general

Any person who, in connection with a trade or business conducted

by such person, lends money secured by property and who -

(1) in full or partial satisfaction of any indebtedness,

acquires an interest in any property which is security for such

indebtedness, or

(2) has reason to know that the property in which such person

has a security interest has been abandoned,

shall make a return described in subsection (c) with respect to

each of such acquisitions or abandonments, at such time as the

Secretary may by regulations prescribe.

(b) Exception

Subsection (a) shall not apply to any loan to an individual

secured by an interest in tangible personal property which is not

held for investment and which is not used in a trade or business.

The return required under subsection (a) with respect to any

acquisition or abandonment of property -

(1) shall be in such form as the Secretary may prescribe,

(2) shall contain -

(A) the name and address of each person who is a borrower

with respect to the indebtedness which is secured,

(B) a general description of the nature of such property and

such indebtedness,

(i) the amount of such indebtedness at the time of such

acquisition, and

(ii) the amount of indebtedness satisfied in such

acquisition,

(D) in the case of a return required under subsection (a)(2),

the amount of such indebtedness at the time of such

abandonment, and

(E) such other information as the Secretary may prescribe.

(d) Applications to governmental units

For purposes of this section -

(1) Treated as persons

The term "person" includes any governmental unit (and any

agency or instrumentality thereof).

(2) Special rules

In the case of a governmental unit or any agency or

instrumentality thereof -

(A) subsection (a) shall be applied without regard to the

trade or business requirement contained therein, and

(B) any return under this section shall be made by the

officer or employee appropriately designated for the purpose of

making such return.

(e) Statements to be furnished to persons with respect to whom

information is required to be furnished

Every person required to make a return under subsection (a) shall

furnish to each person whose name is required to be set forth in

such return a written statement showing the name, address, and

phone number of the information contact of the person required to

make such return. The written statement required under the

preceding sentence shall be furnished to the person on or before

January 31 of the year following the calendar year for which the

return under subsection (a) was made.

(f) Treatment of other dispositions

To the extent provided by regulations prescribed by the

Secretary, any transfer of the property which secures the

indebtedness to a person other than the lender shall be treated as

an abandonment of such property.

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 148(a), July 18, 1984,

98 Stat. 687; amended Pub. L. 104-168, title XII, Sec. 1201(a)(10),

July 30, 1996, 110 Stat. 1470.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-168 substituted "name, address,

and phone number of the information contact" for "name and

address".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE

Section 148(d) of Pub. L. 98-369 provided that: "The amendments

made by this section [enacting this section and amending sections

6652 and 6678 of this title] shall apply with respect to

acquisitions of property and abandonments of property after

December 31, 1984."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6721, 6722, 6724 of this

title.

-End-

-CITE-

26 USC Sec. 6050K 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050K. Returns relating to exchanges of certain partnership

interests

-STATUTE-

(a) In general

Except as provided in regulations prescribed by the Secretary, if

there is an exchange described in section 751(a) of any interest in

a partnership during any calendar year, such partnership shall make

a return for such calendar year stating -

(1) the name and address of the transferee and transferor in

such exchange, and

(2) such other information as the Secretary may by regulations

prescribe.

Such return shall be made at such time and in such manner as the

Secretary may require by regulations.

(b) Statements to be furnished to transferor and transferee

Every partnership required to make a return under subsection (a)

shall furnish to each person whose name is required to be set forth

in such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the partnership required to make such return, and

(2) the information required to be shown on the return with

respect to such person.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

(1) In general

In the case of any exchange described in subsection (a), the

transferor of the partnership interest shall promptly notify the

partnership of such exchange.

(2) Partnership not required to make return until notice

A partnership shall not be required to make a return under this

section with respect to any exchange until the partnership is

notified of such exchange.

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 149(a), July 18, 1984,

98 Stat. 689; amended Pub. L. 99-514, title XV, Sec. 1501(c)(13),

title XVIII, Sec. 1811(b)(2), Oct. 22, 1986, 100 Stat. 2739, 2833;

Pub. L. 104-168, title XII, Sec. 1201(a)(11), July 30, 1996, 110

Stat. 1470.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

1986 - Subsec. (b). Pub. L. 99-514, Sec. 1501(c)(13), in amending

subsec. (b) generally, substituted references to partnerships

required to make a return for former references to partnerships

making a return and references to persons whose name is required to

be set forth for former references to persons whose name is set

forth.

Subsec. (c)(2). Pub. L. 99-514, Sec. 1811(b)(2), substituted

"this section" for "this subsection".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1501(c)(13) of Pub. L. 99-514 applicable to

returns the due date for which (determined without regard to

extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.

99-514, set out as an Effective Date note under section 6721 of

this title.

Amendment by section 1811(b)(2) of Pub. L. 99-514 applicable to

partnership taxable years beginning after Oct. 22, 1986, see

section 1811(b)(1)(B) of Pub. L. 99-514, set out as a note under

section 6031 of this title.

Amendment by section 1811(b)(2) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in the provisions of

the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such

amendment relates, see section 1881 of Pub. L. 99-514, set out as a

note under section 48 of this title.

EFFECTIVE DATE

Section 149(d) of Pub. L. 98-369 provided that: "The amendments

made by this section [enacting this section and amending sections

6652 and 6678 of this title] shall apply with respect to exchanges

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 6721, 6722, 6724 of this

title.

-End-

-CITE-

26 USC Sec. 6050L 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050L. Returns relating to certain dispositions of donated

property

-STATUTE-

(a) General rule

If the donee of any charitable deduction property sells,

exchanges, or otherwise disposes of such property within 2 years

after its receipt, the donee shall make a return (in accordance

with forms and regulations prescribed by the Secretary) showing -

(1) the name, address, and TIN of the donor,

(2) a description of the property,

(3) the date of the contribution,

(4) the amount received on the disposition, and

(5) the date of such disposition.

(b) Charitable deduction property

For purposes of this section, the term "charitable deduction

property" means any property (other than publicly traded

securities) contributed in a contribution for which a deduction was

claimed under section 170 if the claimed value of such property

(plus the claimed value of all similar items of property donated by

the donor to 1 or more donees) exceeds $5,000.

Every person making a return under subsection (a) shall furnish a

copy of such return to the donor at such time and in such manner as

the Secretary may by regulations prescribe.

(d) Definition of publicly traded securities

The term "publicly traded securities" means securities for which

(as of the date of the contribution) market quotations are readily

available on an established securities market.

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 155(b)(1), July 18,

1984, 98 Stat. 692.)

-MISC1-

EFFECTIVE DATE

Section 155(d)(1) of Pub. L. 98-369 provided that: "The

amendments made by subsections (a) and (b) [enacting this section,

amending sections 6652 and 6678 of this title, and enacting

provisions set out as a note under section 170 of this title] shall

apply to contributions made after December 31, 1984, in taxable

years ending after such date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6721, 6722, 6724 of this

title.

-End-

-CITE-

26 USC Sec. 6050M 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050M. Returns relating to persons receiving contracts from

Federal executive agencies

-STATUTE-

(a) Requirement of reporting

The head of every Federal executive agency which enters into any

contract shall make a return (at such time and in such form as the

Secretary may by regulations prescribe) setting forth -

(1) the name, address, and TIN of each person with which such

agency entered into a contract during the calendar year, and

(2) such other information as the Secretary may require.

(b) Federal executive agency

For purposes of this section, the term "Federal executive agency"

means -

(1) any Executive agency (as defined in section 105 of title 5,

United States Code) other than the General Accounting Office,

(2) any military department (as defined in section 102 of such

title), and

(3) the United States Postal Service and the Postal Rate

Commission.

To the extent provided in regulations, this section also shall

apply to -

(1) licenses granted by Federal executive agencies, and

(2) subcontracts under contracts to which subsection (a)

applies.

(d) Authority to prescribe minimum amounts

This section shall not apply to contracts or licenses in any

class which are below a minimum amount or value which may be

prescribed by the Secretary by regulations for such class.

(e) Exception for certain classified or confidential contracts

(1) In general

Except as provided in paragraph (2), this section shall not

apply in the case of a contract described in paragraph (3).

(2) Reporting requirement

Each Federal executive agency which has entered into a contract

described in paragraph (3) shall, upon a request of the Secretary

which identifies a particular person, acknowledge whether such

person has entered into such a contract with such agency and, if

so, provide to the Secretary -

(A) the information required under this section with respect

to such person, and

(B) such other information with respect to such person which

the Secretary and the head of such Federal executive agency

agree is appropriate.

(3) Description of contract

For purposes of this subsection, a contract between a Federal

executive agency and another person is described in this

paragraph if -

(A) the fact of the existence of such contract or the subject

matter of such contract has been designated and clearly marked

or clearly represented, pursuant to the provisions of Federal

law or an Executive order, as requiring a specific degree of

protection against unauthorized disclosure for reasons of

national security, or

(B) the head of such Federal executive agency (or his

designee) pursuant to regulations issued by such agency

determines, in writing, that filing the required return under

this section would interfere with the effective conduct of a

confidential law enforcement or foreign counterintelligence

activity.

-SOURCE-

(Added Pub. L. 99-514, title XV, Sec. 1522(a), Oct. 22, 1986, 100

Stat. 2747; amended Pub. L. 100-647, title I, Sec. 1015(f), Nov.

10, 1988, 102 Stat. 3570.)

-MISC1-

AMENDMENTS

1988 - Subsec. (e). Pub. L. 100-647 added subsec. (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE

Section 1522(c) of Pub. L. 99-514 provided that: "The amendments

made by this section [enacting this section] shall apply to

contracts (and subcontracts) entered into, and licenses granted,

before, on, or after January 1, 1987."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6041A, 6050P of this

title.

-End-

-CITE-

26 USC Sec. 6050N 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050N. Returns regarding payments of royalties

-STATUTE-

(a) Requirement of reporting

Every person -

(1) who makes payments of royalties (or similar amounts)

aggregating $10 or more to any other person during any calendar

year, or

(2) who receives payments of royalties (or similar amounts) as

a nominee and who makes payments aggregating $10 or more during

any calendar year to any other person with respect to the

royalties (or similar amounts) so received,

shall make a return according to the forms or regulations

prescribed by the Secretary, setting forth the aggregate amount of

such payments and the name and address of the person to whom paid.

(b) Statements to be furnished to persons with respect to whom

information is furnished

Every person required to make a return under subsection (a) shall

furnish to each person whose name is required to be set forth in

such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the aggregate amount of payments to the person required to

be shown on such return.

The written statement required under the preceding sentence shall

be furnished (either in person or in a statement mailing by

first-class mail which includes adequate notice that the statement

is enclosed) to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was made and shall be in such form as the Secretary may

prescribe by regulations.

Except to the extent otherwise provided in regulations, this

section shall not apply to any amount paid to a person described in

subparagraph (A), (B), (C), (D), (E), or (F) of section 6049(b)(4).

-SOURCE-

(Added Pub. L. 99-514, title XV, Sec. 1523(a), Oct. 22, 1986, 100

Stat. 2747; amended Pub. L. 104-168, title XII, Sec. 1201(a)(12),

July 30, 1996, 110 Stat. 1470.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-168 substituted "name,

address, and phone number of the information contact" for "name and

address".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-168 applicable to statements required to

be furnished after Dec. 31, 1996 (determined without regard to any

extension), see section 1201(b) of Pub. L. 104-168, set out as a

note under section 6041 of this title.

EFFECTIVE DATE

Section 1523(d) of Pub. L. 99-514 provided that: "The amendments

made by this section [enacting this section and amending sections

3406, 6041, and 6676 of this title] shall apply with respect to

payments made after December 31, 1986."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3406, 6041, 6724 of this

title.

-End-

-CITE-

26 USC Sec. 6050P 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050P. Returns relating to the cancellation of indebtedness by

certain entities

-STATUTE-

(a) In general

Any applicable entity which discharges (in whole or in part) the

indebtedness of any person during any calendar year shall make a

return (at such time and in such form as the Secretary may by

regulations prescribe) setting forth -

(1) the name, address, and TIN of each person whose

indebtedness was discharged during such calendar year,

(2) the date of the discharge and the amount of the

indebtedness discharged, and

(3) such other information as the Secretary may prescribe.

(b) Exception

Subsection (a) shall not apply to any discharge of less than

$600.

For purposes of this section -

(1) Applicable entity

The term "applicable entity" means -

(A) an executive, judicial, or legislative agency (as defined

in section 3701(a)(4) of title 31, United States Code), and

(B) an applicable financial entity.

(2) Applicable financial entity

The term "applicable financial entity" means -

(A) any financial institution described in section 581 or

591(a) and any credit union,

(B) the Federal Deposit Insurance Corporation, the Resolution

Trust Corporation, the National Credit Union Administration,

and any other Federal executive agency (as defined in section

6050M), and any successor or subunit of any of the foregoing,

subsidiary of an entity referred to in subparagraph (A) but

only if, by virtue of being affiliated with such entity, such

other corporation is subject to supervision and examination by

a Federal or State agency which regulates entities referred to

in subparagraph (A), and

(D) any organization a significant trade or business of which

is the lending of money.

(3) Governmental units

In the case of an entity described in paragraph (1)(A) or

(2)(B), any return under this section shall be made by the

officer or employee appropriately designated for the purpose of

making such return.

(d) Statements to be furnished to persons with respect to whom

information is required to be furnished

Every applicable entity required to make a return under

subsection (a) shall furnish to each person whose name is required

to be set forth in such return a written statement showing -

(1) the name and address of the entity required to make such

return, and

(2) the information required to be shown on the return with

respect to such person.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was made.

(e) Alternative procedure

In lieu of making a return required under subsection (a), an

agency described in subsection (c)(1)(A) may submit to the

Secretary (at such time and in such form as the Secretary may by

regulations prescribe) information sufficient for the Secretary to

complete such a return on behalf of such agency. Upon receipt of

such information, the Secretary shall complete such return and

provide a copy of such return to such agency.

-SOURCE-

(Added Pub. L. 103-66, title XIII, Sec. 13252(a), Aug. 10, 1993,

107 Stat. 531; amended Pub. L. 104-134, title III, Sec.

31001(m)(2)(A)-(D)(ii), Apr. 26, 1996, 110 Stat. 1321-368,

1321-369; Pub. L. 106-170, title V, Sec. 533(a), Dec. 17, 1999, 113

Stat. 1931.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(2)(D). Pub. L. 106-170 added subpar. (D).

1996 - Pub. L. 104-134, Sec. 31001(m)(2)(D)(ii), amended section

catchline generally, striking out "financial" before "entities".

Subsec. (a). Pub. L. 104-134, Sec. 31001(m)(2)(A), struck out

"financial" before "entity" in introductory provisions.

Subsec. (c). Pub. L. 104-134, Sec. 31001(m)(2)(B), added par.

(1), redesignated former par. (1) as (2), and redesignated former

par. (2) as (3) and substituted "(1)(A) or (2)(B)" for "(1)(B)".

Subsec. (d). Pub. L. 104-134, Sec. 31001(m)(2)(D)(i), struck out

"financial" before "entity" in introductory provisions.

Subsec. (e). Pub. L. 104-134, Sec. 31001(m)(2)(C), added subsec.

(e).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title V, Sec. 533(b), Dec. 17, 1999, 113 Stat.

1931, provided that: "The amendment made by subsection (a)

[amending this section] shall apply to discharges of indebtedness

after December 31, 1999."

EFFECTIVE DATE

Section 13252(d) of Pub. L. 103-66 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting this section and amending

section 6724 of this title] shall apply to discharges of

indebtedness after December 31, 1993.

"(2) Governmental entities. - In the case of an entity referred

to in section 6050P(c)(1)(B) of the Internal Revenue Code of 1986

(as added by this section), the amendments made by this section

shall apply to discharges of indebtedness after the date of the

enactment of this Act [Aug. 10, 1993]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6724 of this title.

-End-

-CITE-

26 USC Sec. 6050Q 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050Q. Certain long-term care benefits

-STATUTE-

(a) Requirement of reporting

Any person who pays long-term care benefits shall make a return,

according to the forms or regulations prescribed by the Secretary,

setting forth -

(1) the aggregate amount of such benefits paid by such person

to any individual during any calendar year,

(2) whether or not such benefits are paid in whole or in part

on a per diem or other periodic basis without regard to the

expenses incurred during the period to which the payments relate,

(3) the name, address, and TIN of such individual, and

(4) the name, address, and TIN of the chronically ill or

terminally ill individual on account of whose condition such

benefits are paid.

(b) Statements to be furnished to persons with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person making the payments, and

(2) the aggregate amount of long-term care benefits paid to the

individual which are required to be shown on such return.

The written statement required under the preceding sentence shall

be furnished to the individual on or before January 31 of the year

following the calendar year for which the return under subsection

(a) was required to be made.

For purposes of this section, the term "long-term care benefit"

means -

(1) any payment under a product which is advertised, marketed,

or offered as long-term care insurance, and

(2) any payment which is excludable from gross income by reason

of section 101(g).

-SOURCE-

(Added Pub. L. 104-191, title III, Sec. 323(a), Aug. 21, 1996, 110

Stat. 2062; amended Pub. L. 105-34, title XVI, Sec. 1602(d)(1),

Aug. 5, 1997, 111 Stat. 1094.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(1). Pub. L. 105-34 inserted ", address, and

phone number of the information contact" after "name".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 effective as if included in the

provisions of the Health Insurance Portability and Accountability

Act of 1996, Pub. L. 104-191, to which such amendment relates, see

section 1602(i) of Pub. L. 105-34, set out as a note under section

26 of this title.

EFFECTIVE DATE

Section 323(d) of Pub. L. 104-191 provided that: "The amendments

made by this section [enacting this section and amending section

6724 of this title] shall apply to benefits paid after December 31,

1996."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6724 of this title.

-End-

-CITE-

26 USC Sec. 6050R 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050R. Returns relating to certain purchases of fish

-STATUTE-

(a) Requirement of reporting

Every person -

(1) who is engaged in the trade or business of purchasing fish

for resale from any person engaged in the trade or business of

catching fish; and

(2) who makes payments in cash in the course of such trade or

business to such a person of $600 or more during any calendar

year for the purchase of fish,

shall make a return (at such times as the Secretary may prescribe)

described in subsection (b) with respect to each person to whom

such a payment was made during such calendar year.

(b) Return

A return is described in this subsection if such return -

(1) is in such form as the Secretary may prescribe, and

(2) contains -

(A) the name, address, and TIN of each person to whom a

payment described in subsection (a)(2) was made during the

calendar year,

(B) the aggregate amount of such payments made to such person

during such calendar year and the date and amount of each such

payment, and

required

Every person required to make a return under subsection (a) shall

furnish to each person whose name is required to be set forth in

such return a written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such a return, and

(2) the aggregate amount of payments to the person required to

be shown on the return.

The written statement required under the preceding sentence shall

be furnished to the person on or before January 31 of the year

following the calendar year for which the return under subsection

(a) is required to be made.

(d) Definitions

For purposes of this section:

(1) Cash

The term "cash" has the meaning given such term by section

6050I(d).

(2) Fish

The term "fish" includes other forms of aquatic life.

-SOURCE-

(Added Pub. L. 104-188, title I, Sec. 1116(b)(1), Aug. 20, 1996,

110 Stat. 1763; amended Pub. L. 105-34, title XVI, Sec. 1601(a),

Aug. 5, 1997, 111 Stat. 1086; Pub. L. 105-206, title VI, Sec.

6023(21), July 22, 1998, 112 Stat. 826.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2)(A). Pub. L. 105-206 substituted a comma for

the semicolon at end.

1997 - Pub. L. 105-34, Sec. 1601(a)(2), provided that amendment

made by section 1116(b)(1) of Pub. L. 104-188, shall be applied as

if reference to chapter 68 were a reference to chapter 61. Section

1116(b)(1) of Pub. L. 104-188 directed amendment of subpart B of

part III of subchapter A of chapter 68 by adding this section.

Subsec. (c)(1). Pub. L. 105-34, Sec. 1601(a)(1), substituted

"name, address, and phone number of the information contact" for

"name and address".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 effective as if included in the

provisions of the Small Business Job Protection Act of 1996, Pub.

L. 104-188, to which it relates, see section 1601(j) of Pub. L.

105-34, set out as a note under section 23 of this title.

EFFECTIVE DATE

Section 1116(b)(3) of Pub. L. 104-188 provided that: "The

amendments made by this subsection [enacting this section and

amending section 6724 of this title] shall apply to payments made

after December 31, 1997."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6724 of this title.

-End-

-CITE-

26 USC Sec. 6050S 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050S. Returns relating to higher education tuition and

related expenses

-STATUTE-

(a) In general

Any person -

(1) which is an eligible educational institution which enrolls

any individual for any academic period;

(2) which is engaged in a trade or business of making payments

to any individual under an insurance arrangement as

reimbursements or refunds (or similar amounts) of qualified

tuition and related expenses; or

(3) except as provided in regulations, which is engaged in a

trade or business and, in the course of which, receives from any

individual interest aggregating $600 or more for any calendar

year on one or more qualified education loans,

shall make the return described in subsection (b) with respect to

the individual at such time as the Secretary may by regulations

prescribe.

(b) Form and manner of returns

A return is described in this subsection if such return -

(1) is in such form as the Secretary may prescribe, and

(2) contains -

(A) the name, address, and TIN of any individual -

(i) who is or has been enrolled at the institution and with

respect to whom transactions described in subparagraph (B)

are made during the calendar year, or

(ii) with respect to whom payments described in subsection

(a)(2) or (a)(3) were made or received,

(B) the -

(i) aggregate amount of payments received or the aggregate

amount billed for qualified tuition and related expenses with

respect to the individual described in subparagraph (A)

during the calendar year,

(ii) aggregate amount of grants received by such individual

for payment of costs of attendance that are administered and

processed by the institution during such calendar year,

(iii) amount of any adjustments to the aggregate amounts

reported by the institution pursuant to clause (i) or (ii)

with respect to such individual for a prior calendar year,

(iv) aggregate amount of reimbursements or refunds (or

similar amounts) paid to such individual during the calendar

year by a person engaged in a trade or business described in

subsection (a)(2), and

(v) aggregate amount of interest received for the calendar

year from such individual, and

For purposes of this section -

(1) a governmental unit or any agency or instrumentality

thereof shall be treated as a person, and

(2) any return required under subsection (a) by such

governmental entity shall be made by the officer or employee

appropriately designated for the purpose of making such return.

(d) Statements to be furnished to individuals with respect to whom

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return under subparagraph (A) of subsection (b)(2) a

written statement showing -

(1) the name, address, and phone number of the information

contact of the person required to make such return, and

(2) the amounts described in subparagraph (B) of subsection

(b)(2).

The written statement required under the preceding sentence shall

be furnished on or before January 31 of the year following the

calendar year for which the return under subsection (a) was

required to be made.

(e) Definitions

For purposes of this section, the terms "eligible educational

institution" and "qualified tuition and related expenses" have the

meanings given such terms by section 25A (without regard to

subsection (g)(2) thereof), and except as provided in regulations,

the term "qualified education loan" has the meaning given such term

by section 221(d)(1).

(f) Returns which would be required to be made by 2 or more persons

Except to the extent provided in regulations prescribed by the

Secretary, in the case of any amount received by any person on

behalf of another person, only the person first receiving such

amount shall be required to make the return under subsection (a).

(g) Regulations

The Secretary shall prescribe such regulations as may be

necessary to carry out the provisions of this section. No penalties

shall be imposed under part II of subchapter B of chapter 68 with

respect to any return or statement required under this section

until such time as such regulations are issued.

-SOURCE-

(Added and amended Pub. L. 105-34, title II, Secs. 201(c)(1),

202(c), Aug. 5, 1997, 111 Stat. 804, 808; Pub. L. 105-206, title

III, Sec. 3712(a), (b), title VI, Sec. 6004(a)(2), July 22, 1998,

112 Stat. 781, 792; Pub. L. 107-16, title IV, Sec. 412(a)(2), June

7, 2001, 115 Stat. 63; Pub. L. 107-131, Sec. 1, Jan. 16, 2002, 115

Stat. 2410.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by section 901 of Pub. L. 107-16,

see Effective and Termination Dates of 2001 Amendment note below.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-131, Sec. 1(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "which

is an eligible educational institution -

"(A) which receives payments for qualified tuition and related

expenses with respect to any individual for any calendar year; or

"(B) which makes reimbursements or refunds (or similar amounts)

to any individual of qualified tuition and related expenses;".

Subsec. (b)(1). Pub. L. 107-131, Sec. 1(b)(1), inserted "and" at

end.

Subsec. (b)(2)(A). Pub. L. 107-131, Sec. 1(b)(2), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"the name, address, and TIN of the individual with respect to whom

payments or interest described in subsection (a) were received from

(or were paid to),".

Subsec. (b)(2)(B). Pub. L. 107-131, Sec. 1(b)(4), amended subpar.

(B) generally. Prior to amendment, subpar. (B) read as follows:

"the -

"(i) aggregate amount of payments for qualified tuition and

related expenses received with respect to the individual

described in subparagraph (A) during the calendar year,

"(ii) the amount of any grant received by such individual for

payment of costs of attendance and processed by the person making

such return during such calendar year,

"(iii) aggregate amount of reimbursements or refunds (or

similar amounts) paid to such individual during the calendar year

by the person making such return, and and

"(iv) aggregate amount of interest received for the calendar

year from such individual, and".

Pub. L. 107-131, Sec. 1(b)(3), redesignated subpar. (C) as (B)

and struck out former subpar. (B) which read as follows: "the name,

address, and TIN of any individual certified by the individual

described in subparagraph (A) as the taxpayer who will claim the

individual as a dependent for purposes of the deduction allowable

under section 151 for any taxable year ending with or within the

calendar year, and".

Subsec. (b)(2)(C), (D). Pub. L. 107-131, Sec. 1(b)(3),

redesignated subpars. (C) and (D) as (B) and (C), respectively.

Subsec. (d). Pub. L. 107-131, Sec. 1(c)(1), struck out "or (B)"

after "subparagraph (A)" in introductory provisions.

Subsec. (d)(2). Pub. L. 107-131, Sec. 1(c)(2), substituted

"subparagraph (B)" for "subparagraph (C)".

2001 - Subsec. (e). Pub. L. 107-16, Secs. 412(a)(2), 901,

temporarily substituted "section 221(d)(1)" for "section

221(e)(1)". See Effective and Termination Dates of 2001 Amendment

note below.

1998 - Subsec. (a). Pub. L. 105-206, Sec. 6004(a)(2), amended

heading and text of subsec. (a) generally. Prior to amendment, text

read as follows: "Any person -

"(1) which is an eligible educational institution which

receives payments for qualified tuition and related expenses with

respect to any individual for any calendar year, or

"(2) which is engaged in a trade or business and which, in the

course of such trade or business -

"(A) makes payments during any calendar year to any

individual which constitutes reimbursements or refunds (or

similar amounts) of qualified tuition and related expenses of

such individual, or

"(B) except as provided in regulations, receives from any

individual interest aggregating $600 or more for any calendar

year on 1 or more qualified education loans,

shall make the return described in subsection (b) with respect to

the individual at such time as the Secretary may by regulations

prescribe."

Subsec. (b)(2)(C)(ii). Pub. L. 105-206, Sec. 3712(a)(1), added

cl. (ii). Former cl. (ii) redesignated (iii).

Subsec. (b)(2)(C)(iii). Pub. L. 105-206, Sec. 3712(a)(1), (2),

redesignated cl. (ii) as (iii) and inserted "by the person making

such return" after "year". Former cl. (iii) redesignated (iv).

Subsec. (b)(2)(C)(iv). Pub. L. 105-206, Sec. 3712(a)(1), (3),

redesignated cl. (iii) as (iv) and inserted "and" at end.

Subsec. (d)(2). Pub. L. 105-206, Sec. 3712(b)(1), struck out

"aggregate" before "amounts".

Subsec. (e). Pub. L. 105-206, Sec. 3712(b)(2), inserted "(without

regard to subsection (g)(2) thereof)" after "section 25A".

1997 - Subsec. (a)(2). Pub. L. 105-34, Sec. 202(c)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"which is engaged in a trade or business and which, in the course

of such trade or business, makes payments during any calendar year

to any individual which constitute reimbursements or refunds (or

similar amounts) of qualified tuition and related expenses of such

individual,".

Subsec. (b)(2)(A). Pub. L. 105-34, Sec. 202(c)(2)(A), inserted

"or interest" after "payments".

Subsec. (b)(2)(C)(iii). Pub. L. 105-34, Sec. 202(c)(2)(B), added

cl. (iii).

Subsec. (e). Pub. L. 105-34, Sec. 202(c)(3), inserted at end ",

and except as provided in regulations, the term 'qualified

education loan' has the meaning given such term by section

221(e)(1)".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-131, Sec. 2, Jan. 16, 2002, 115 Stat. 2411, provided

that: "The amendments made by section 1 [amending this section]

shall apply to expenses paid or assessed after December 31, 2002

(in taxable years ending after such date), for education furnished

in academic periods beginning after such date."

EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT

Amendment by Pub. L. 107-16 applicable with respect to any loan

interest paid after Dec. 31, 2001, in taxable years ending after

such date, see section 412(a)(3) of Pub. L. 107-16, set out as a

note under section 221 of this title.

Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or

limitation years beginning after Dec. 31, 2010, and the Internal

Revenue Code of 1986 to be applied and administered to such years

as if such amendment had never been enacted, see section 901 of

Pub. L. 107-16, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-206, title III, Sec. 3712(c), July 22, 1998, 112

Stat. 782, provided that: "The amendments made by this section

[amending this section] shall apply to returns required to be filed

with respect to taxable years beginning after December 31, 1998."

Amendment by section 6004(a)(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 6024 of Pub. L. 105-206, set out as

a note under section 1 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 202(c) of Pub. L. 105-34 applicable to any

qualified education loan (as defined in section 221(e)(1) of this

title) incurred on, before, or after Aug. 5, 1997, but only with

respect to any loan interest payment due and paid after Dec. 31,

1997, and to the portion of the 60-month period referred to in

section 221(d) of this title after Dec. 31, 1997, see section

202(e) of Pub. L. 105-34, set out as a note under section 62 of

this title.

EFFECTIVE DATE

Section applicable to expenses paid after Dec. 31, 1997 (in

taxable years ending after such date) for education furnished in

academic periods beginning after such date, see section 201(f) of

Pub. L. 105-34, set out as a note under section 25A 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. 6050T 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 B - Information Concerning Transactions With Other Persons

-HEAD-

Sec. 6050T. Returns relating to credit for health insurance costs

of eligible individuals

-STATUTE-

(a) Requirement of reporting

Every person who is entitled to receive payments for any month of

any calendar year under section 7527 (relating to advance payment

of credit for health insurance costs of eligible individuals) with

respect to any certified individual (as defined in section 7527(c))

shall, at such time as the Secretary may prescribe, make the return

described in subsection (b) with respect to each such individual.

(b) Form and manner of returns

A return is described in this subsection if such return -

(1) is in such form as the Secretary may prescribe, and

(2) contains -

(A) the name, address, and TIN of each individual referred to

in subsection (a),

(B) the number of months for which amounts were entitled to

be received with respect to such individual under section 7527

(relating to advance payment of credit for health insurance

costs of eligible individuals),

and

(D) such other information as the Secretary may prescribe.

information is required

Every person required to make a return under subsection (a) shall

furnish to each individual whose name is required to be set forth

in such return a written statement showing -

(1) the name and address of the person required to make such

return and the phone number of the information contact for such

person, and

(2) the information required to be shown on the return with

respect to such individual.

The written statement required under the preceding sentence shall

be furnished on or before January 31 of the year following the

calendar year for which the return under subsection (a) is required

to be made.

-SOURCE-

(Added Pub. L. 107-210, div. A, title II, Sec. 202(c)(1), Aug. 6,

2002, 116 Stat. 962.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-210, div. A, title II, Sec. 202(e), Aug. 6, 2002, 116

Stat. 963, provided that: "The amendments made by this section

[enacting this section and section 7527 of this title and amending

sections 6103, 6724, and 7213A of this title] shall take effect on

the date of the enactment of this Act [Aug. 6, 2002]."

CONSTRUCTION

Nothing in title II of Pub. L. 107-210 or the amendments by that

title, other than provisions relating to COBRA continuation

coverage and reporting requirements, to be construed as creating a

new mandate on any party regarding health insurance coverage, see

section 203(f) of Pub. L. 107-210, set out as a Construction of

2002 Amendment note under section 2918 of Title 29, Labor.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 35, 6724 of this title.

-End-

-CITE-

26 USC Subpart C - Information Regarding Wages Paid

Employees 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 C - Information Regarding Wages Paid Employees

-HEAD-

SUBPART C - INFORMATION REGARDING WAGES PAID EMPLOYEES

-MISC1-

Sec.

6051. Receipts for employees.

6052. Returns regarding payment of wages in the form of

group-term life insurance.

6053. Reporting of tips.

AMENDMENTS

1965 - Pub. L. 89-97, title III, Sec. 313(e)(2)(D), July 30,

1965, 79 Stat. 385, added item 6053.

1964 - Pub. L. 88-272, title II, Sec. 204(c)(3), Feb. 26, 1964,

78 Stat. 37, added item 6052.

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 6071, 6201 of this title.

-End-

-CITE-

26 USC Sec. 6051 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 C - Information Regarding Wages Paid Employees

-HEAD-

Sec. 6051. Receipts for employees

-STATUTE-

(a) Requirement

Every person required to deduct and withhold from an employee a

tax under section 3101 or 3402, or who would have been required to

deduct and withhold a tax under section 3402 (determined without

regard to subsection (n)) if the employee had claimed no more than

one withholding exemption, or every employer engaged in a trade or

business who pays remuneration for services performed by an

employee, including the cash value of such remuneration paid in any

medium other than cash, shall furnish to each such employee in

respect of the remuneration paid by such person to such employee

during the calendar year, on or before January 31 of the succeeding

year, or, if his employment is terminated before the close of such

calendar year, within 30 days after the date of receipt of a

written request from the employee if such 30-day period ends before

January 31, a written statement showing the following:

(1) the name of such person,

(2) the name of the employee (and his social security account

number if wages as defined in section 3121(a) have been paid),

(3) the total amount of wages as defined in section 3401(a),

(4) the total amount deducted and withheld as tax under section

3402,

(5) the total amount of wages as defined in section 3121(a),

(6) the total amount deducted and withheld as tax under section

3101,

(7) the total amount paid to the employee under section 3507

(relating to advance payment of earned income credit),

(8) the total amount of elective deferrals (within the meaning

of section 402(g)(3)) and compensation deferred under section

457,

(9) the total amount incurred for dependent care assistance

with respect to such employee under a dependent care assistance

program described in section 129(d),

(10) in the case of an employee who is a member of the Armed

Forces of the United States, such employee's earned income as

determined for purposes of section 32 (relating to earned income

credit), and

(11) the amount contributed to any Archer MSA (as defined in

section 220(d)) of such employee or such employee's spouse.

In the case of compensation paid for service as a member of a

uniformed service, the statement shall show, in lieu of the amount

required to be shown by paragraph (5), the total amount of wages as

defined in section 3121(a), computed in accordance with such

section and section 3121(i)(2). In the case of compensation paid

for service as a volunteer or volunteer leader within the meaning

of the Peace Corps Act, the statement shall show, in lieu of the

amount required to be shown by paragraph (5), the total amount of

wages as defined in section 3121(a), computed in accordance with

such section and section 3121(i)(3). In the case of tips received

by an employee in the course of his employment, the amounts

required to be shown by paragraphs (3) and (5) shall include only

such tips as are included in statements furnished to the employer

pursuant to section 6053(a). The amounts required to be shown by

paragraph (5) shall not include wages which are exempted pursuant

to sections 3101(c) and 3111(c) from the taxes imposed by sections

3101 and 3111.

(b) Special rule as to compensation of members of Armed Forces

In the case of compensation paid for service as a member of the

Armed Forces, the statement required by subsection (a) shall be

furnished if any tax was withheld during the calendar year under

section 3402, or if any of the compensation paid during such year

is includible in gross income under chapter 1, or if during the

calendar year any amount was required to be withheld as tax under

section 3101. In lieu of the amount required to be shown by

paragraph (3) of subsection (a), such statement shall show as wages

paid during the calendar year the amount of such compensation paid

during the calendar year which is not excluded from gross income

under chapter 1 (whether or not such compensation constituted wages

as defined in section 3401(a)).

The statements required to be furnished pursuant to this section

in respect of any remuneration shall be furnished at such other

times, shall contain such other information, and shall be in such

form as the Secretary may by regulations prescribe. The statements

required under this section shall also show the proportion of the

total amount withheld as tax under section 3101 which is for

financing the cost of hospital insurance benefits under part A of

title XVIII of the Social Security Act.

(d) Statements to constitute information returns

A duplicate of any statement made pursuant to this section and in

accordance with regulations prescribed by the Secretary shall, when

required by such regulations, be filed with the Secretary.

(e) Railroad employees

(1) Additional requirement

Every person required to deduct and withhold tax under section

3201 from an employee shall include on or with the statement

required to be furnished such employee under subsection (a) a

notice concerning the provisions of this title with respect to

the allowance of a credit or refund of the tax on wages imposed

by section 3101(b) and the tax on compensation imposed by section

3201 or 3211 which is treated as a tax on wages imposed by

section 3101(b).

(2) Information to be supplied to employees

Each person required to deduct and withhold tax under section

3201 during any year from an employee who has also received wages

during such year subject to the tax imposed by section 3101(b)

shall, upon request of such employee, furnish to him a written

statement showing -

(A) the total amount of compensation with respect to which

the tax imposed by section 3201 was deducted,

(B) the total amount deducted as tax under section 3201, and

section 3201 which is for financing the cost of hospital

insurance under part A of title XVIII of the Social Security

Act.

(f) Statements required in case of sick pay paid by third parties

(1) Statements required from payor

(A) In general

If, during any calendar year, any person makes a payment of

third-party sick pay to an employee, such person shall, on or

before January 15 of the succeeding year, furnish a written

statement to the employer in respect of whom such payment was

made showing -

(i) the name and, if there is withholding under section

3402(o), the social security number of such employee,

(ii) the total amount of the third-party sick pay paid to

such employee during the calendar year, and

(iii) the total amount (if any) deducted and withheld from

such sick pay under section 3402.

For purposes of the preceding sentence, the term "third-party

sick pay" means any sick pay (as defined in section

3402(o)(2)(C)) which does not constitute wages for purposes of

chapter 24 (determined without regard to section 3402(o)(1)).

(B) Special rules

(i) Statements are in lieu of other reporting requirements

The reporting requirements of subparagraph (A) with respect

to any payments shall, with respect to such payments, be in

lieu of the requirements of subsection (a) and of section

6041.

(ii) Penalties made applicable

For purposes of sections 6674 and 7204, the statements

required to be furnished by subparagraph (A) shall be treated

as statements required under this section to be furnished to

employees.

(2) Information required to be furnished by employer

Every employer who receives a statement under paragraph (1)(A)

with respect to sick pay paid to any employee during any calendar

year shall, on or before January 31 of the succeeding year,

furnish a written statement to such employee showing -

(A) the information shown on the statement furnished under

paragraph (1)(A), and

(B) if any portion of the sick pay is excludable from gross

income under section 104(a)(3), the portion which is not so

excludable and the portion which is so excludable.

To the extent practicable, the information required under the

preceding sentence shall be furnished on or with the statement

(if any) required under subsection (a).

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 747; Aug. 1, 1956, ch. 837,

title IV, Sec. 412, 70 Stat. 879; Pub. L. 87-293, title II, Sec.

202(a)(4), Sept. 22, 1961, 75 Stat. 626; Pub. L. 89-97, title I,

Sec. 107, title III, Sec. 313(e)(1), July 30, 1965, 79 Stat. 337,

384; Pub. L. 90-248, title V, Sec. 502(c)(1), (2), Jan. 2, 1968, 81

Stat. 934; Pub. L. 91-172, title VIII, Sec. 805(f)(2), Dec. 30,

1969, 83 Stat. 708; Pub. L. 92-603, title II, Sec. 293(a)-(c), Oct.

30, 1972, 86 Stat. 1459; Pub. L. 93-406, title II, Sec. 1022(k),

Sept. 2, 1974, 88 Stat. 943; Pub. L. 94-455, title XIX, Sec.

1906(a)(5), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L.

95-216, title III, Sec. 317(b)(3), Dec. 20, 1977, 91 Stat. 1540;

Pub. L. 95-600, title I, Sec. 105(c), Nov. 6, 1978, 92 Stat. 2776;

Pub. L. 96-601, Sec. 4(e), Dec. 24, 1980, 94 Stat. 3497; Pub. L.

97-248, title III, Secs. 307(a)(7), 308(a), Sept. 3, 1982, 96 Stat.

589, 591; Pub. L. 97-362, title I, Sec. 107(a), Oct. 25, 1982, 96

Stat. 1731; Pub. L. 98-67, title I, Sec. 102(a), Aug. 5, 1983, 97

Stat. 369; Pub. L. 99-514, title XI, Sec. 1105(b), Oct. 22, 1986,

100 Stat. 2419; Pub. L. 100-647, title I, Secs. 1011B(c)(2)(B),

1018(u)(33), Nov. 10, 1988, 102 Stat. 3489, 3592; Pub. L. 103-465,

title VII, Sec. 721(b), Dec. 8, 1994, 108 Stat. 5002; Pub. L.

104-191, title III, Sec. 301(c)(3), Aug. 21, 1996, 110 Stat. 2049;

Pub. L. 106-554, Sec. 1(a)(7) [title II, Sec. 202(a)(9)], Dec. 21,

2000, 114 Stat. 2763, 2763A-629; Pub. L. 107-16, title VI, Sec.

617(d)(1), June 7, 2001, 115 Stat. 105.)

-STATAMEND-

AMENDMENT OF SUBSECTION (A)(8)

Pub. L. 107-16, title VI, Sec. 617(d)(1), (f), title IX, Sec.

901, June 7, 2001, 115 Stat. 106, 150, provided that, applicable to

taxable years beginning after Dec. 31, 2005, subsection (a)(8) of

this section is temporarily amended by inserting ", including the

amount of designated Roth contributions (as defined in section

402A)" before the comma at the end. See Effective and Termination

Dates of 2001 Amendment note below.

-REFTEXT-

REFERENCES IN TEXT

The Peace Corps Act, referred to in subsec. (a), is Pub. L.

87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is

classified principally to chapter 34 (Sec. 2501 et seq.) of Title

22, Foreign Relations and Intercourse. For complete classification

of this Act to the Code, see Short Title note set out under section

2501 of Title 22 and Tables.

The Social Security Act, referred to in subsecs. (c) and

(e)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended,

which is classified generally to chapter 7 (Sec. 301 et seq.) of

Title 42, The Public Health and Welfare. Part A of title XVIII of

the Social Security Act is classified to part A (Sec. 1395c et

seq.) of subchapter XVIII of chapter 7 of Title 42. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(11). Pub. L. 106-554 substituted "Archer MSA"

for "medical savings account".

1996 - Subsec. (a)(11). Pub. L. 104-191 added par. (11).

1994 - Subsec. (a)(10). Pub. L. 103-465 added par. (10).

1988 - Subsec. (a)(7). Pub. L. 100-647, Sec. 1018(u)(33),

inserted a comma at end.

Subsec. (a)(9). Pub. L. 100-647, Sec. 1011B(c)(2)(B), added par.

(9).

1986 - Subsec. (a)(8). Pub. L. 99-514 added par. (8).

1983 - Subsec. (f)(1)(A). Pub. L. 98-67 repealed amendments made

by Pub. L. 97-248. See 1982 Amendment note below.

1982 - Subsec. (a). Pub. L. 97-362 substituted "within 30 days

after the date of receipt of a written request from the employee if

such 30-day period ends before January 31" for "on the day on which

the last payment of remuneration is made".

Subsec. (f)(1)(A). Pub. L. 97-248 provided that, applicable to

payments of interest, dividends, and patronage dividends paid or

credited after June 30, 1983, par. (1)(A) is amended by inserting

"subchapter A of" before "chapter 24". 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.

1980 - Subsec. (f). Pub. L. 96-601 added subsec. (f).

1978 - Subsec. (a)(7). Pub. L. 95-600 added par. (7).

1977 - Subsec. (a). Pub. L. 95-216 directed that the amounts

required to be shown by par. (5) shall not include wages which are

exempted pursuant to sections 3101(c) and 3111(c) from the taxes

imposed by sections 3101 and 3111.

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(a)(5), struck out

"and" at end of par. (6), necessitating no change in text, due to

Pub. L. 92-603, which made identical amendment in 1972.

Subsecs. (c), (d). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck

out "or his delegate" after "Secretary" wherever appearing.

1974 - Subsec. (a). Pub. L. 93-406 inserted "or every employer

engaged in a trade or business who pays remuneration for services

performed by an employee, including the cash value of such

remuneration paid in any medium other than cash," after

"exemption,".

1972 - Subsec. (a). Pub. L. 92-603, Sec. 293(a), struck out

reference to section 3201 of this title in introductory text, par.

(7), which required written statement to contain total amount of

compensation with respect to which tax imposed by section 3201 was

deducted, and par. (8), which required written statement to contain

total amount deducted as tax under section 3201.

Subsec. (c). Pub. L. 92-603, Sec. 293(b), struck out reference to

section 3201 of this title.

Subsec. (e). Pub. L. 92-603, Sec. 293(c), added subsec. (e).

1969 - Subsec. (a). Pub. L. 91-172 inserted "(determined without

regard to subsection (n))" after "withhold a tax under section

3402" in introductory provisions.

1968 - Subsec. (a). Pub. L. 90-248, Sec. 502(c)(1), included

reference to section 3201 in introductory provisions and added

pars. (7) and (8).

Subsec. (c). Pub. L. 90-248, Sec. 502(c)(2), included reference

to section 3201 in second sentence.

1965 - Subsec. (a). Pub. L. 89-97, Sec. 313(e)(1), inserted last

sentence providing for inclusion of tips received by an employee in

the course of his employment.

Subsec. (c). Pub. L. 89-97, Sec. 107, required the statements to

show the proportion of the total amount withheld as tax under

section 3101 which is for financing the cost of hospital insurance

benefits under part A of title XVIII of the Social Security Act.

1961 - Subsec. (a). Pub. L. 87-293 provided a special rule with

respect to the information to be contained on employees' tax

receipts in the case of remuneration paid to volunteers and

volunteer leaders in the Peace Corps.

1956 - Subsec. (a). Act Aug. 1, 1956, Sec. 412(a), inserted

provisions prescribing contents of statement in the case of

compensation paid for service as a member of the uniformed

services.

Subsec. (b). Act Aug. 1, 1956, Sec. 412(b), required the

furnishing of a statement if during the calendar year any amount

was required to be withheld as tax under section 3101 of this

title.

EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT

Amendment by Pub. L. 107-16 applicable to taxable years beginning

after Dec. 31, 2005, see section 617(f) of Pub. L. 107-16, set out

as a note under section 402 of this title.

Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or

limitation years beginning after Dec. 31, 2010, and the Internal

Revenue Code of 1986 to be applied and administered to such years

as if such amendment had never been enacted, see section 901 of

Pub. L. 107-16, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-191 applicable to taxable years

beginning after Dec. 31, 1996, see section 301(j) of Pub. L.

104-191, set out as a note under section 62 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 applicable to remuneration paid

after Dec. 31, 1994, see section 721(d)(2) of Pub. L. 103-465, set

out as a note under section 3507 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1011B(c)(2)(B) of Pub. L. 100-647 applicable

to taxable years beginning after Dec. 31, 1987, see section

1011B(c)(2)(C) of Pub. L. 100-647, set out as a note under section

129 of this title.

Amendment by section 1018(u)(33) of Pub. L. 100-647 effective,

except as otherwise provided, as if included in the provision of

the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment

relates, see section 1019(a) of Pub. L. 100-647, set out as a note

under section 1 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to calendar years

beginning after Dec. 31, 1986, but not applicable to employer

contributions made during 1987 and attributable to services

performed during 1986 under qualified cash or deferred arrangement

(as defined in section 401(k) of this title) if, under terms of

such arrangement as in effect on Aug. 16, 1986, employee makes

election with respect to such contribution before Jan. 1, 1987, and

employer identifies amount of such contribution before Jan. 1,

1987, see section 1105(c)(5), (6) of Pub. L. 99-514, as amended,

set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 107(b) of Pub. L. 97-362 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to employees whose employment is terminated after the date

of the enactment of this Act [Oct. 25, 1982]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-601 applicable to payments made on or

after first day of first calendar month beginning more than 120

days after Dec. 24, 1980, see section 4(f) of Pub. L. 96-601, set

out as a note under section 3402 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-600 effective with respect to

remuneration paid after June 30, 1979, see section 105(g)(2) of

Pub. L. 95-600, set out as an Effective Date note under section

3507 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable to plan years to which

part I of subtitle A of title II of Pub. L. 93-406 applies, see

section 1024 of Pub. L. 93-406, set out as a note under section 401

of this title. For description of the plan years to which part I

applies, see section 1017 of Pub. L. 93-406, set out as an

Effective Date; Transitional Rules note under section 410 of this

title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 293(d) of Pub. L. 92-603 provided that: "The amendments

made by this section [amending this section] shall apply in respect

to remuneration paid after December 31, 1971."

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 applicable to wages paid after Apr.

30, 1970, see section 805(h) of Pub. L. 91-172, set out as a note

under section 3402 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 502(c)(3) of Pub. L. 90-248 provided that: "The

amendments made by paragraphs (1) and (2) [amending this section]

shall apply in respect of remuneration paid after December 31,

1967."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by section 313(e)(1) of Pub. L. 89-97 applicable only

with respect to tips received by employees after 1965, see section

313(f) of Pub. L. 89-97, set out as an Effective Date note under

section 6053 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-293 applicable with respect to service

performed after Sept. 22, 1961, but in the case of persons serving

under the Peace Corps agency established by executive order

applicable with respect to service performed on or after the

effective date of enrollment, see section 202(c) of Pub. L. 87-293,

set out as a note under section 3121 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act Aug. 1, 1956, effective Jan. 1, 1957, see

section 603(a) of act Aug. 1, 1956.

REPEALS; AMENDMENTS AND APPLICATION OF AMENDMENTS UNAFFECTED

Section 202(a)(4) of Pub. L. 87-293, cited as a credit to this

section, was repealed by Pub. L. 89-572, Sec. 5(a), Sept. 13, 1966,

80 Stat. 765. Such repeal not deemed to affect amendments to this

section contained in such provisions, and continuation in full

force and effect until modified by appropriate authority of all

determinations, authorization, regulations, orders, contracts,

agreements, and other actions issued, undertaken, or entered into

under authority of the repealed provisions, see section 5(b) of

Pub. L. 89-572, set out as a note under section 2515 of Title 22,

Foreign Relations and Intercourse.

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 408, 3102, 3121, 3202,

3402, 3509, 6040, 6041A, 6045, 6053, 6103, 6314, 6674, 6724, 7204

of this title; title 42 section 1395y.

-End-

-CITE-

26 USC Sec. 6052 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 C - Information Regarding Wages Paid Employees

-HEAD-

Sec. 6052. Returns regarding payment of wages in the form of

group-term life insurance

-STATUTE-

(a) Requirement of reporting

Every employer who during any calendar year provides group-term

life insurance on the life of an employee during part or all of

such calendar year under a policy (or policies) carried directly or

indirectly by such employer shall make a return according to the

forms or regulations prescribed by the Secretary, setting forth the

cost of such insurance and the name and address of the employee on

whose life such insurance is provided, but only to the extent that

the cost of such insurance is includible in the employee's gross

income under section 79(a). For purposes of this section, the

extent to which the cost of group-term life insurance is includible

in the employee's gross income under section 79(a) shall be

determined as if the employer were the only employer paying such

employee remuneration in the form of such insurance.

(b) Statements to be furnished to employees with respect to whom

information is required

Every employer required to make a return under subsection (a)

shall furnish to each employee whose name is required to be set

forth in such return a written statement showing the cost of the

group-term life insurance shown on such return. The written

statement required under the preceding sentence shall be furnished

to the employee on or before January 31 of the year following the

calendar year for which the return under subsection (a) was

required to be made.

-SOURCE-

(Added Pub. L. 88-272, title II, Sec. 204(c)(1), Feb. 26, 1964, 78

Stat. 37; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

Oct. 4, 1976, 90 Stat. 1834; Pub. L. 99-514, title XV, Sec.

1501(c)(14), Oct. 22, 1986, 100 Stat. 2740.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-514, in amending subsec. (b)

generally, substituted "information is required" for "information

is furnished" in heading, and in text substituted reference to

employers required to make a return for former reference to

employers making a return and reference to employees whose name is

required to be set forth for former reference to employees whose

name is set forth.

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

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

Section applicable to group-term life insurance provided after

Dec. 31, 1963, in taxable years ending after such date, see section

204(d) of Pub. L. 88-272, set out as a note under section 79 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 79, 6041A, 6724 of this

title.

-End-

-CITE-

26 USC Sec. 6053 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 C - Information Regarding Wages Paid Employees

-HEAD-

Sec. 6053. Reporting of tips

-STATUTE-

(a) Reports by employees

Every employee who, in the course of his employment by an

employer, receives in any calendar month tips which are wages (as

defined in section 3121(a) or section 3401(a)) or which are

compensation (as defined in section 3231(e)) shall report all such

tips in one or more written statements furnished to his employer on

or before the 10th day following such month. Such statements shall

be furnished by the employee under such regulations, at such other

times before such 10th day, and in such form and manner, as may be

prescribed by the Secretary.

(b) Statements furnished by employers

If the tax imposed by section 3101 or section 3201 (as the case

may be) with respect to tips reported by an employee pursuant to

subsection (a) exceeds the tax which can be collected by the

employer pursuant to section 3102 or section 3202 (as the case may

be), the employer shall furnish to the employee a written statement

showing the amount of such excess. The statement required to be

furnished pursuant to this subsection shall be furnished at such

time, shall contain such other information, and shall be in such

form as the Secretary may by regulations prescribe. When required

by such regulations, a duplicate of any such statement shall be

filed with the Secretary.

beverage establishments

(1) Report to Secretary

In the case of a large food or beverage establishment, each

employer shall report to the Secretary, at such time and manner

as the Secretary may prescribe by regulation, the following

information with respect to each calendar year:

(A) The gross receipts of such establishment from the

provision of food and beverages (other than nonallocable

receipts).

(B) The aggregate amount of charge receipts (other than

nonallocable receipts).

receipts.

(D) The sum of -

(i) the aggregate amount reported by employees to the

employer under subsection (a), plus

(ii) the amount the employer is required to report under

section 6051 with respect to service charges of less than 10

percent.

(E) With respect to each employee, the amount allocated to

such employee under paragraph (3).

(2) Furnishing of statement to employees

Each employer described in paragraph (1) shall furnish, in such

manner as the Secretary may prescribe by regulations, to each

employee of the large food or beverage establishment a written

statement for each calendar year showing the following

information:

(A) The name and address of such employer.

(B) The name of the employee.

for all payroll periods ending within the calendar year.

Any statement under this paragraph shall be furnished to the

employee during January of the calendar year following the

calendar year for which such statement is made.

(3) Employee allocation of 8 percent of gross receipts

(A) In general

For purposes of paragraphs (1)(E) and (2)(C), the employer of

a large food or beverage establishment shall allocate (as tips

for purposes of the requirements of this subsection) among

employees performing services during any payroll period who

customarily receive tip income an amount equal to the excess of

(i) 8 percent of the gross receipts (other than

nonallocable receipts) of such establishment for the payroll

period, over

(ii) the aggregate amount reported by such employees to the

employer under subsection (a) for such period.

(B) Method of allocation

The employer shall allocate the amount under subparagraph (A)

(i) on the basis of a good faith agreement by the employer

and the employees, or

(ii) in the absence of an agreement under clause (i), in

the manner determined under regulations prescribed by the

Secretary.

allocated

Upon the petition of the employer or the majority of

employees of such employer, the Secretary may reduce (but not

below 2 percent) the percentage of gross receipts required to

be allocated under subparagraph (A) where he determines that

the percentage of gross receipts constituting tips is less than

8 percent.

(4) Large food or beverage establishment

For purposes of this subsection, the term "large food or

beverage establishment" means any trade or business (or portion

thereof) -

(A) which provides food or beverages,

(B) with respect to which the tipping of employees serving

food or beverages by customers is customary, and

typical business day during the preceding calendar year.

For purposes of subparagraph (C), rules similar to the rules of

subsections (a) and (b) of section 52 shall apply under

regulations prescribed by the Secretary, and an individual who

owns 50 percent or more in value of the stock of the corporation

operating the establishment shall not be treated as an employee.

(5) Employer not to be liable for wrong allocations

The employer shall not be liable to any person if any amount is

improperly allocated under paragraph (3)(B) if such allocation is

done in accordance with the regulations prescribed under

paragraph (3)(B).

(6) Nonallocable receipts defined

For purposes of this subsection, the term "nonallocable

receipts" means receipts which are allocable to -

(A) carryout sales, or

(B) services with respect to which a service charge of 10

percent or more is added.

(7) Application to new businesses

The Secretary shall prescribe regulations for the application

of this subsection to new businesses.

-SOURCE-

(Added Pub. L. 89-97, title III, Sec. 313(e)(2)(A), July 30, 1965,

79 Stat. 384; amended Pub. L. 89-212, Sec. 2(d), Sept. 29, 1965, 79

Stat. 859; Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4,

1976, 90 Stat. 1834; Pub. L. 97-248, title III, Sec. 314(a), Sept.

3, 1982, 96 Stat. 603; Pub. L. 98-369, div. A, title X, Sec.

1072(a), (c)(1), July 18, 1984, 98 Stat. 1052.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(3)(C). Pub. L. 98-369, Sec. 1072(a),

substituted "Upon the petition of the employer or the majority of

employees of such employer, the Secretary" for "The Secretary" and

"2 percent" for "5 percent".

Subsec. (c)(4). Pub. L. 98-369, Sec. 1072(c)(1), inserted

provision that an individual who owns 50 percent or more in value

of the stock of the corporation operating the establishment shall

not be treated as an employee.

1982 - Subsec. (c). Pub. L. 97-248 added subsec. (c).

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

1965 - Subsec. (a). Pub. L. 89-212, Sec. 2(d)(1), inserted "or

which are compensation (as defined in section 3231(e)".

Subsec. (b). Pub. L. 89-212, Sec. 2(d)(2), inserted "or section

3201 (as the case may be)" and "or section 3202 (as the case may

be)".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1072(c)(2) of Pub. L. 98-369 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

to calendar years beginning after December 31, 1982."

EFFECTIVE DATE OF 1982 AMENDMENT

Section 314(e) of Pub. L. 97-248, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) In general. - The amendments made by this section [amending

this section and sections 6001 and 6678 of this title, and enacting

provisions set out as a note under this section] shall apply to

calendar years beginning after December 31, 1982.

"(2) Special rule for 1983. - For purposes of section 6053(c) of

the Internal Revenue Code of 1986 [formerly I.R.C. 1954], in the

case of payroll periods ending before April 1, 1983, an employer

must only report with respect to such periods -

"(A) amounts described in subparagraphs (A), (B), (C), and (D)

of section 6053(c)(1) of such Code, and

"(B) the name, and identification number, wages paid to, and

tips reported by, each tipped employee."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-212 effective only with respect to tips

received after 1965, see section 6 of Pub. L. 89-212, set out as a

note under section 3201 of this title.

EFFECTIVE DATE

Section 313(f) of Pub. L. 89-97 provided that: "The amendments

made by this section [enacting this section and amending sections

451, 3102, 3121, 3401, 3402, 6051, 6652, and 6674 of this title and

section 409 of Title 42, The Public Health and Welfare] shall apply

only with respect to tips received by employees after 1965."

REGULATIONS

Section 1072(b) of Pub. L. 98-369 provided that: "The Secretary

of the Treasury shall prescribe by regulations within 1 year after

the date of the enactment of this Act [July 18, 1984] the

applicable recordkeeping requirements for tipped employees."

THREAT OF AUDIT PROHIBITED TO COERCE TIP REPORTING ALTERNATIVE

COMMITMENT AGREEMENTS

Pub. L. 105-206, title III, Sec. 3414, July 22, 1998, 112 Stat.

755, provided that: "The Secretary of the Treasury or the

Secretary's delegate shall instruct employees of the Internal

Revenue Service that they may not threaten to audit any taxpayer in

an attempt to coerce the taxpayer into entering into a Tip

Reporting Alternative Commitment Agreement."

MODIFICATION OF TIPS ALLOCATION METHOD

Pub. L. 99-514, title XV, Sec. 1571, Oct. 22, 1986, 100 Stat.

2765, provided that: "Effective for any payroll period beginning

after December 31, 1986, an establishment may utilize the optional

method of tips allocation described in the last sentence of section

31.6053-3(f)(1)(iv) of the Internal Revenue Regulations only if

such establishment employs less than the equivalent of 25 full-time

employees during such payroll period."

STUDY OF TIP COMPLIANCE

Section 314(c) of Pub. L. 97-248 directed Secretary of the

Treasury or his delegate to submit before Jan. 1, 1987, to

Committee on Ways and Means of House of Representatives and to

Committee on Finance of Senate a report with respect to tip

compliance in food and beverage service industry. Such study to

include, but not be limited to, an analysis of tipping patterns,

tip-sharing arrangements, and tip compliance patterns.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 45B, 451, 3306, 3102,

3121, 3202, 3231, 3401, 3402, 6001, 6041, 6041A, 6051, 6652, 6674,

6678, 6724 of this title; title 42 section 409; title 45 section

231.

-End-

-CITE-

26 USC [Subpart D - Repealed] 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 D - Repealed]

-HEAD-

[SUBPART D - REPEALED]

-End-

-CITE-

26 USC [Sec. 6056 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 D - Repealed]

-HEAD-

[Sec. 6056. Repealed. Pub. L. 96-603, Sec. 1(c), Dec. 28, 1980, 94

Stat. 3504]

-MISC1-

Section, added Pub. L. 91-172, title I, Sec. 101(d)(3), Dec. 30,

1969, 83 Stat. 521; amended Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, required an annual

report by private foundations having at least $5,000 of assets at

any time during a taxable year, prescribed the contents of the

report and the form to be used, and provided special rules

concerning information to be filed with the report and availability

of the report.

EFFECTIVE DATE OF REPEAL

Repeal applicable to taxable years beginning after Dec. 31, 1980,

see section 1(f) of Pub. L. 96-603, set out as an Effective Date of

1980 Amendment note under section 6033 of this title.

-End-

-CITE-

26 USC Subpart E - Registration of and Information

Concerning Pension, Etc., Plans 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 E - Registration of and Information Concerning Pension,

Etc., Plans

-HEAD-

SUBPART E - REGISTRATION OF AND INFORMATION CONCERNING PENSION,

ETC., PLANS

-MISC1-

Sec.

6057. Annual registration, etc.

6058. Information required in connection with certain plans

of deferred compensation.

6059. Periodic report by actuary.(!1)

AMENDMENTS

1974 - Pub. L. 93-406, title II, Sec. 1031(a), Sept. 2, 1974, 88

Stat. 943, added subpart heading and analysis of sections.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

26 USC Sec. 6057 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 E - Registration of and Information Concerning Pension,

Etc., Plans

-HEAD-

Sec. 6057. Annual registration, etc.

-STATUTE-

(a) Annual registration

(1) General rule

Within such period after the end of a plan year as the

Secretary may by regulations prescribe, the plan administrator

(within the meaning of section 414(g)) of each plan to which the

vesting standards of section 203 of part 2 of subtitle B of title

I of the Employee Retirement Income Security Act of 1974 applies

for such plan year shall file a registration statement with the

Secretary.

(2) Contents

The registration statement required by paragraph (1) shall set

forth -

(A) the name of the plan,

(B) the name and address of the plan administrator,

participant in the plan -

(i) who, during such plan year, separated from the service

covered by the plan,

(ii) who is entitled to a deferred vested benefit under the

plan as of the end of such plan year, and

(iii) with respect to whom retirement benefits were not

paid under the plan during such plan year,

(D) the nature, amount, and form of the deferred vested

benefit to which such participant is entitled, and

(E) such other information as the Secretary may require.

At the time he files the registration statement under this

subsection, the plan administrator shall furnish evidence

satisfactory to the Secretary that he has complied with the

requirement contained in subsection (e).

(b) Notification of change in status

Any plan administrator required to register under subsection (a)

shall also notify the Secretary, at such time as may be prescribed

by regulations, of -

(1) any change in the name of the plan,

(2) any change in the name or address of the plan

administrator,

(3) the termination of the plan, or

(4) the merger or consolidation of the plan with any other plan

or its division into two or more plans.

To the extent provided in regulations prescribed by the

Secretary, the Secretary may receive from -

(1) any plan to which subsection (a) applies, and

(2) any other plan (including any governmental plan or church

plan (within the meaning of section 414)),

such information (including information relating to plan years

beginning before January 1, 1974) as the plan administrator may

wish to file with respect to the deferred vested benefit rights of

any participant separated from the service covered by the plan

during any plan year.

(d) Transmission of information to Commissioner of Social Security

The Secretary shall transmit copies of any statements,

notifications, reports, or other information obtained by him under

this section to the Commissioner of Social Security.

(e) Individual statement to participant

Each plan administrator required to file a registration statement

under subsection (a) shall, before the expiration of the time

prescribed for the filing of such registration statement, also

furnish to each participant described in subsection (a)(2)(C) an

individual statement setting forth the information with respect to

such participant required to be contained in such registration

statement. Such statement shall also include a notice to the

participant of any benefits which are forfeitable if the

participant dies before a certain date.

(f) Regulations

(1) In general

The Secretary, after consultation with the Commissioner of

Social Security, may prescribe such regulations as may be

necessary to carry out the provisions of this section.

(2) Plans to which more than one employer contributes

This section shall apply to any plan to which more than one

employer is required to contribute only to the extent provided in

regulations prescribed under this subsection.

(g) Cross references

For provisions relating to penalties for failure to register

or furnish statements required by this section, see section

6652(d) and section 6690.

For coordination between Department of the Treasury and the

Department of Labor with regard to administration of this

section, see section 3004 of the Employee Retirement Income

Security Act of 1974.

-SOURCE-

(Added Pub. L. 93-406, title II, Sec. 1031(a), Sept. 2, 1974, 88

Stat. 943; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98-369, div. B. title VI, Sec.

2663(j)(5)(D), July 18, 1984, 98 Stat. 1171; Pub. L. 98-397, title

II, Sec. 206, Aug. 23, 1984, 98 Stat. 1449; Pub. L. 99-514, title

XV, Sec. 1501(d)(1)(F), Oct. 22, 1986, 100 Stat. 2740; Pub. L.

103-296, title I, Sec. 108(h)(5), Aug. 15, 1994, 108 Stat. 1487.)

-REFTEXT-

REFERENCES IN TEXT

Section 203 of part 2 of subtitle B of title I of the Employee

Retirement Income Security Act of 1974, referred to in subsec.

(a)(1), is classified to section 1053 of Title 29, Labor. Section

3004 of such Act, referred to in subsec. (g), is classified to

section 1204 of Title 29.

-MISC1-

AMENDMENTS

1994 - Subsecs. (d), (f)(1). Pub. L. 103-296 substituted

"Commissioner of Social Security" for "Secretary of Health and

Human Services" in heading and text of subsec. (d) and in text of

subsec. (f)(1).

1986 - Subsec. (g). Pub. L. 99-514 substituted "section 6652(d)"

for "section 6652(e)".

1984 - Subsec. (d). Pub. L. 98-369 substituted "Secretary of

Health and Human Services" for "Secretary of Health, Education, and

Welfare".

Subsec. (e). Pub. L. 98-397 inserted provision that such

statement shall also include a notice to the participant of any

benefits which are forfeitable if the participant dies before a

certain date.

Subsec. (f). Pub. L. 98-369 substituted "Secretary of Health and

Human Services" for "Secretary of Health, Education, and Welfare".

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

Title 42, The Public Health and Welfare.

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 1984 AMENDMENTS

Amendment by Pub. L. 98-397 applicable to plan years beginning

after Dec. 31, 1984, except as otherwise provided, see sections 302

and 303 of Pub. L. 98-397, set out as a note under section 1001 of

Title 29, Labor.

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of Title 42, The Public Health

and Welfare.

EFFECTIVE DATE

Section 1034 of Pub. L. 93-406, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "This part

[part 3 (Secs. 1031-1034) of subtitle A of title II of Pub. L.

93-406, enacting this section, sections 6058, 6059, 6690, and 6692

of this title and section 1320b-1 of Title 42, The Public Health

and Welfare, and amending sections 6033, 6047, and 6652 of this

title] shall take effect upon the date of the enactment of this Act

[Sept. 2, 1974]; except that -

"(1) the requirements of section 6059 of the Internal Revenue

Code of 1986 [formerly I.R.C. 1954] shall apply only with respect

to plan years to which part I of this title applies. [For

description of plan years to which part I applies, see section

1017 of Pub. L. 93-406, set out as an Effective Date;

Transitional Rules note under section 410 of this title].

"(2) the requirements of section 6057 of such Code shall apply

only with respect to plan years beginning after December 31,

1975,

"(3) the requirements of section 6058(a) of such Code shall

apply only with respect to plan years beginning after the date of

the enactment of this Act [Sept. 2, 1974], and

"(4) the amendments made by section 1032 [enacting section

1320b-1 of Title 42] shall take effect on January 1, 1978."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6103, 6652, 6690 of this

title; title 29 section 1025; title 42 section 1320b-1.

-End-

-CITE-

26 USC Sec. 6058 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 E - Registration of and Information Concerning Pension,

Etc., Plans

-HEAD-

Sec. 6058. Information required in connection with certain plans of

deferred compensation

-STATUTE-

(a) In general

Every employer who maintains a pension, annuity, stock bonus,

profit-sharing, or other funded plan of deferred compensation

described in part I of subchapter D of chapter 1, or the plan

administrator (within the meaning of section 414(g)) of the plan,

shall file an annual return stating such information as the

Secretary may by regulations prescribe with respect to the

qualification, financial conditions, and operations of the plan;

except that, in the discretion of the Secretary, the employer may

be relieved from stating in its return any information which is

reported in other returns.

(b) Actuarial statement in case of mergers, etc.

Not less than 30 days before a merger, consolidation, or transfer

of assets or liabilities of a plan described in subsection (a) to

another plan, the plan administrator (within the meaning of section

414(g)) shall file an actuarial statement of valuation evidencing

compliance with the requirements of section 401(a)(12).

For purposes of this section, the term "employer" includes a

person described in section 401(c)(4) and an individual who

establishes an individual retirement plan.

(d) Coordination with income tax returns, etc.

An individual who establishes an individual retirement plan shall

not be required to file a return under this section with respect to

such plan for any taxable year for which there is -

(1) no special IRP tax, and

(2) no plan activity other than -

(A) the making of contributions (other than rollover

contributions), and

(B) the making of distributions.

(e) Special IRP tax defined

For purposes of this section, the term "special IRP tax" means a

tax imposed by -

(1) section 408(f),(!1)

(2) section 4973, or

(3) section 4974.

(f) Cross references

For provisions relating to penalties for failure to file a

return required by this section, see section 6652(e).

For coordination between the Department of the Treasury and

the Department of Labor with respect to the information

required under this section, see section 3004 of title III of

the Employee Retirement Income Security Act of 1974.

-SOURCE-

(Added Pub. L. 93-406, title II, Sec. 1031(a), Sept. 2, 1974, 88

Stat. 945; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95-600, title I, Sec.

157(k)(1), Nov. 6, 1978, 92 Stat. 2809; Pub. L. 98-369, div. A,

title IV, Sec. 491(d)(48), July 18, 1984, 98 Stat. 852; Pub. L.

99-514, title XV, Sec. 1501(d)(1)(D), Oct. 22, 1986, 100 Stat.

2740.)

-REFTEXT-

REFERENCES IN TEXT

Section 408(f), referred to in subsec. (e)(1), was repealed by

Pub. L. 99-514, title XI, Sec. 1123(d)(2), Oct. 22, 1986, 100 Stat.

2475.

Section 3004 of title III of the Employee Retirement Income

Security Act of 1974, referred to in subsec. (f), is classified to

section 1204 of Title 29, Labor.

-MISC1-

AMENDMENTS

1986 - Subsec. (f). Pub. L. 99-514 substituted "section 6652(e)"

for "section 6652(f)".

1984 - Subsec. (e). Pub. L. 98-369 struck out par. (2) which

included a tax imposed by section 409(c) within term "special IRP

tax", and redesignated pars. (3) and (4) as (2) and (3),

respectively.

1978 - Subsec. (c). Pub. L. 95-600 substituted "an individual

retirement plan" for "an individual retirement account or annuity

described in section 408".

Subsecs. (d) to (f). Pub. L. 95-600 added subsecs. (d) and (e)

and redesignated former subsec. (d) as (f).

1976 - Subsec. (a). Pub. L. 94-455 struck out "or his delegate"

after "Secretary".

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 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable to obligations issued

after Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set

out as a note under section 62 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 157(k)(3) of Pub. L. 95-600 provided that: "The

amendments made by paragraph (1) [amending this section] shall

apply to returns for taxable years beginning after December 31,

1977. The amendment made by paragraph (2) [amending section 7701 of

this title] shall apply to taxable years beginning after December

31, 1974."

EFFECTIVE DATE

Section effective Sept. 2, 1974, except that the requirements of

subsec. (a) shall apply only with respect to plan years beginning

after Sept. 2, 1974, see section 1034 of Pub. L. 93-406, set out as

a note under section 6057 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6033, 6104, 6652 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

26 USC Sec. 6059 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 E - Registration of and Information Concerning Pension,

Etc., Plans

-HEAD-

Sec. 6059. Periodic report of actuary

-STATUTE-

(a) General rule

The actuarial report described in subsection (b) shall be filed

by the plan administrator (as defined in section 414(g) of each

defined benefit plan to which section 412 applies, for the first

plan year for which section 412 applies to the plan and for each

third plan year thereafter (or more frequently if the Secretary

determines that more frequent reports are necessary).

(b) Actuarial report

The actuarial report of a plan required by subsection (a) shall

be prepared and signed by an enrolled actuary (within the meaning

of section 7701(a)(35)) and shall contain -

(1) a description of the funding method and actuarial

assumptions used to determine costs under the plan,

(2) a certification of the contribution necessary to reduce the

accumulated funding deficiency (as defined in section 412(a)) to

zero,

(3) a statement -

(A) that to the best of his knowledge the report is complete

and accurate, and

(B) the requirements of section 412(c) (relating to

reasonable actuarial assumptions) have been complied with,

(4) such other information as may be necessary to fully and

fairly disclose the actuarial position of the plan, and

(5) such other information regarding the plan as the Secretary

may by regulations require.

The actuarial report and statement required by this section shall

be filed at the time and in the manner provided by regulations

prescribed by the Secretary.

(d) Cross reference

For coordination between the Department of the Treasury and

the Department of Labor with respect to the report required to

be filed under this section, see section 3004 of title III of

the Employee Retirement Income Security Act of 1974.

-SOURCE-

(Added Pub. L. 93-406, title II, Sec. 1033(a), Sept. 2, 1974, 88

Stat. 947; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),

Oct. 4, 1976, 90 Stat. 1834.)

-REFTEXT-

REFERENCES IN TEXT

Section 3004 of title III of the Employee Retirement Income

Security Act of 1974, referred to in subsec. (d), is classified to

section 1204 of Title 29, Labor.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

EFFECTIVE DATE

Requirements of section applicable only with respect to plan

years to which part I of subtitle A of title II of Pub. L. 93-406

applies, see section 1034(1) of Pub. L. 93-406, set out as an note

under section 6057 of this title. For a description of the plan

years to which part 1 applies, see section 1017 of Pub. L. 93-406,

set out as an Effective Date; Transitional Rules note under section

410 of this title.

CONSOLIDATION OF ACTUARIAL REPORTS

Section 1033(c) of Pub. L. 93-406, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

Secretary of the Treasury and the Secretary of Labor shall take

such steps as may be necessary to assure coordination to the

maximum extent feasible between the actuarial reports required by

section 6059 of the Internal Revenue Code of 1986 and by section

103(d) of title I of the Employee Retirement Income Security Act of

1974 [section 1023(d) of Title 29, Labor]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6692 of this title.

-End-

-CITE-

26 USC Subpart F - Information Concerning Income Tax

Return Preparers 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 F - Information Concerning Income Tax Return Preparers

-HEAD-

SUBPART F - INFORMATION CONCERNING INCOME TAX RETURN PREPARERS

-MISC1-

Sec.

6060. Information returns of income tax return preparers.

AMENDMENTS

1976 - Pub. L. 94-455, title XII, Sec. 1203(e), Oct. 4, 1976, 90

Stat. 1691, added subpart heading and analysis for subpart F.

-End-

-CITE-

26 USC Sec. 6060 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 F - Information Concerning Income Tax Return Preparers

-HEAD-

Sec. 6060. Information returns of income tax return preparers

-STATUTE-

(a) General rule

Any person who employs an income tax return preparer to prepare

any return or claim for refund other than for such person at any

time during a return period shall make a return setting forth the

name, taxpayer identification number, and place of work of each

income tax return preparer employed by him at any time during such

period. For purposes of this section, any individual who in acting

as an income tax return preparer is not the employee of another

income tax return preparer shall be treated as his own employer.

The return required by this section shall be filed, in such manner

as the Secretary may by regulations prescribe, on or before the

first July 31 following the end of such return period.

(b) Alternative reporting

In lieu of the return required by subsection (a), the Secretary

may approve an alternative reporting method if he determines that

the necessary information is available to him from other sources.

For purposes of subsection (a), the term "return period" means

the 12-month period beginning on July 1 of each year, except that

the first return period shall be the 6-month period beginning on

January 1, 1977, and ending on June 30, 1977.

-SOURCE-

(Added Pub. L. 94-455, title XII, Sec. 1203(e), Oct. 4, 1976, 90

Stat. 1691.)

-MISC1-

EFFECTIVE DATE

Section applicable to documents prepared after Dec. 31, 1976, see

section 1203(j) of Pub. L. 94-455, set out as an Effective Date of

1976 Amendment note under section 7701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6107, 6695 of this title.

-End-

-CITE-

26 USC PART IV - SIGNING AND VERIFYING OF RETURNS AND

Enviado por:	El remitente no desea revelar su nombre
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País:	Estados Unidos