(a) In general Every employer maintaining a specified fringe benefit plan during any year for any portion of which the applicable exclusion applies, shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) with respect to such plan showing for such year—
Amended 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(108), struck out “beginning after December 31, 1984,” after “during any year” in introductory provisions.
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(1) the number of employees of the employer,
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(2) the number of employees of the employer eligible to participate under the plan,
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(3) the number of employees participating under the plan,
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(4) the total cost of the plan during the year,
(5) the name, address, and taxpayer identification number of the employer and the type of business in which the employer is engaged, and
(6) the number of highly compensated employees among the employees described in paragraphs (1), (2), and (3).
Amended 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1151(h)(2), added par. (6).
(b) Recordkeeping requirement Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met.
(c) Additional information when required by the Secretary Any employer—
(1) who maintains a specified fringe benefit plan during any year for which a return is required under subsection (a), and
(2) who is required by the Secretary to file an additional return for such year,
shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe. The Secretary may require returns under this subsection only from a representative group of employers.
Amended 1986, 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 1011B(a)(24), amended directory language of Pub. L. 99–514, § 1151(h)(3), see 1986 Amendment note below.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1151(h)(3), as amended by Pub. L. 100–647, § 1011B(a)(24), inserted at end “The Secretary may require returns under this subsection only from a representative group of employers.”
(d) Definitions and special rules For purposes of this section—
Amended 1986, 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 3021(a)(15)(A)(ii), inserted “and special rules” after “Definitions” in heading.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1151(h)(1), amended subsec. (d) generally. Prior to amendment, par. (1) defined a specified fringe benefit plan as (A) any qualified group legal services plan (as defined in section 120), (B) any cafeteria plan (as defined in section 125), and (C) any educational assistance plan (as defined in section 127), and par. (2) defined “applicable exclusion” as meaning (A) section 120 in the case of a qualified legal group services plan, (B) section 125 in the case of a cafeteria plan, and (C) section 127 in the case of an educational assistance plan.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1879(d)(1), in amending subsec. (d) generally, added subpars. (1)(A) and (2)(A). Former subpars. (1)(A) and (B) and (2)(A) and (B) were redesignated as subpars. (1)(B) and (C) and (2)(B) and (C), respectively.
(1) Specified fringe benefit plan The term “specified fringe benefit plan” means any plan under section 79, 105, 106, 125, 127, 129, or 137.
Amended 1997, 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(19)(B)(vii), struck out “120,” after “106,”.
- 1997 Pub. L. 105-34 Pub. L. 105–34 substituted “129, or 137” for “or 129”.
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(2) Applicable exclusion The term “applicable exclusion” means, with respect to any specified fringe benefit plan, the section specified under paragraph (1) under which benefits under such plan are excludable from gross income.
(3) Special rule for multiemployer plans In the case of a multiemployer plan, the plan shall be required to provide any information required by this section which the Secretary determines, on the basis of the agreement between the plan and employer, is held by the plan (and not the employer).
Amended 1988, 1990
- 1990 Pub. L. 101-508 Pub. L. 101–508 substituted “the employer).” for “the employer)”.
- 1988 Pub. L. 100-647 Pub. L. 100–647, § 3021(a)(15)(A)(i), added par. (3).