# 26 U.S.C. § 6039: Returns required in connection with certain options

Source: OLRC release point 119-134 <https://uscode.house.gov/us/usc/119-134/t26/s6039>. Cite pinpoints as 26 U.S.C. § 6039(a)(1).

## § 6039(a) Requirement of reporting

Every corporation—

**§ 6039(a)(1)** which in any calendar year transfers to any person a share of stock pursuant to such person’s exercise of an incentive stock option, or

**§ 6039(a)(2)** which in any calendar year records (or has by its agent recorded) a transfer of the legal title of a share of stock acquired by the transferor pursuant to his exercise of an option described in section 423(c) (relating to special rule where option price is between 85 percent and 100 percent of value of stock),

shall, for such calendar year, make a return at such time and in such manner, and setting forth such information, as the Secretary may by regulations prescribe.

## § 6039(b) Statements to be furnished to persons with respect to whom information is reported

Every corporation making a return under subsection (a) shall furnish to each person whose name is set forth in such return a written statement setting forth such information as the Secretary may by regulations prescribe. The written statement required under the preceding sentence shall be furnished to such person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.

## § 6039(c) Special rules

For purposes of this section—

**§ 6039(c)(1) Treatment by employer to be determinative.** Any option which the corporation treats as an incentive stock option or an option granted under an employee stock purchase plan shall be deemed to be such an option.

**§ 6039(c)(2) Subsection (a)(2) applies only to first transfer described therein.** A statement is required by reason of a transfer described in subsection (a)(2) of a share only with respect to the first transfer of such share by the person who exercised the option.

**§ 6039(c)(3) Identification of stock.** Any corporation which transfers any share of stock pursuant to the exercise of any option described in subsection (a)(2) shall identify such stock in a manner adequate to carry out the purposes of this section.

## § 6039(d) Cross references

For definition of—

**§ 6039(d)(1)** the term “incentive stock option”, see section 422(b), and

**§ 6039(d)(2)** the term “employee stock purchase plan”, see section 423(b).

## Regulations

- [Treas. Reg. § 1.6039-1](/26/reg/1.6039-1.md): Returns required in connection with certain options. (interprets § 6039)
- [Treas. Reg. § 1.6039-2](/26/reg/1.6039-2.md): Statements to persons with respect to whom information is reported. (interprets § 6039)
- [Treas. Reg. § 301.6039-1](/26/reg/301.6039-1.md): Information returns and statements required in connection with certain options. (interprets § 6039)

## Forms named in the regulations

- [Form 3921](https://www.irs.gov/pub/irs-pdf/f3921.pdf)
- [Form 3922](https://www.irs.gov/pub/irs-pdf/f3922.pdf)
- [Form W-2](https://www.irs.gov/pub/irs-pdf/fw2.pdf)

## Final rules

- [75 FR 64072](https://www.federalregister.gov/documents/2010/10/18/2010-25504/basis-reporting-by-securities-brokers-and-basis-determination-for-stock) (2010): Basis Reporting by Securities Brokers and Basis Determination for Stock
- [74 FR 59087](https://www.federalregister.gov/documents/2009/11/17/E9-27451/information-reporting-requirements-under-internal-revenue-code-section-6039) (2009): Information Reporting Requirements Under Internal Revenue Code Section 6039
- [69 FR 46401](https://www.federalregister.gov/documents/2004/08/03/04-17448/statutory-options) (2004): Statutory Options

## Proposed regulations (not in force)

- [Prop. Treas. Reg. § 1.6039-2](/26/prop/1.6039-2_03-13581.md): [Redesignated] (REG-122917-02, proposed 2003-06-09)

## Connections

Cites: § 422 Incentive stock options; § 423 Employee stock purchase plans

Cited by: § 424 Definitions and special rules; § 6724 Waiver; definitions and special rules

## Prior provisions

- A prior section 6039 was renumbered section 6040 of this title.

## Amendments

- 1964-02-26: [Pub. L. 88-272](/26/act/88-272.md), 78 Stat. 73
- 1976-10-04: [Pub. L. 94-455](/26/act/94-455.md), 90 Stat. 1834
- 1979-12-29: [Pub. L. 96-167](/26/act/96-167.md), 93 Stat. 1276
- 1981-08-13: [Pub. L. 97-34](/26/act/97-34.md), 95 Stat. 259
- 1990-11-05: [Pub. L. 101-508](/26/act/101-508.md), 104 Stat. 1388
- 1998-07-22: [Pub. L. 105-206](/26/act/105-206.md), 112 Stat. 825
- 2006-12-20: [Pub. L. 109-432](/26/act/109-432.md), 120 Stat. 2954
- 2018-03-23: [Pub. L. 115-141](/26/act/115-141.md), 132 Stat. 1196