Amended 2010, 2011
- 2011 Pub. L. 112-9 Pub. L. 112–9, § 2(a), struck out subsecs. (i) and (j) which read as follows:
- 2011 “(i) Application to Corporations.—Notwithstanding any regulation prescribed by the Secretary before the date of the enactment of this subsection, for purposes of this section the term ‘person’ includes any corporation that is not an organization exempt from tax under section 501(a).
- 2011 “(j) Regulations.—The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purposes of this section, including rules to prevent duplicative reporting of transactions.”
- 2010 Pub. L. 111-240 Pub. L. 111–240 redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
- 2010 Pub. L. 111-148 Pub. L. 111–148, § 9006(a), added subsec. (i).
- 2010 Pub. L. 111-240 Pub. L. 111–240 redesignated subsec. (i) as (j).
Cases: Burda v. M. Ecker Co., 2 F.3d 769 (7th Cir. 1993)
Forms: Form W-2G; Form W-2; Form W-3; Form 1096
Final rules 14
(a) Payments exceeding threshold All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section 6042(a)(1), 6044(a)(1), 6047(e), 6049(a), or 6050N(a) applies, and other than payments with respect to which a statement is required under the authority of section 6042(a)(2), 6044(a)(2), or 6045), of $2,000 or more in any calendar 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 (including a separate accounting of any such amounts reasonably designated as cash tips and the occupation described in section 224(d)(1) of the person receiving such tips and a separate accounting of any amount of qualified overtime compensation (as defined in section 225(c))), and the name and address of the recipient of such payment.
Amended 1962, 1976, 1982, 1984, 1986, 2010, 2011, 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70433(e), substituted “exceeding threshold” for “of $600 or more” in heading and “calendar year” for “taxable year” in text.
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70433(a), substituted “$2,000” for “$600”.
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70202(c)(2)(A), which directed the insertion of “and a separate accounting of any amount of qualified overtime compensation (as defined in section 225(c))” after “occupation of the person receiving such tips”, was executed by making the insertion after “occupation described in section 224(d)(1) of the person receiving such tips”, to reflect the probable intent of Congress and the amendment by Pub. L. 119–21, § 70201(f)(1)(A). See note below.
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70201(f)(1)(A), inserted “(including a separate accounting of any such amounts reasonably designated as cash tips and the occupation described in section 224(d)(1) of the person receiving such tips)” after “such gains, profits, and income”.
- 2011 Pub. L. 112-9 Pub. L. 112–9, § 2(b), struck out “amounts in consideration for property,” after “salaries, wages,”, “gross proceeds,” after “emoluments, or other”, and “gross proceeds,” after “setting forth the amount of such”.
- 2010 Pub. L. 111-148 Pub. L. 111–148, § 9006(b), inserted “amounts in consideration for property,” after “salaries, wages,”, “gross proceeds,” after “emoluments, or other”, and “gross proceeds,” after “setting forth the amount of such”.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1523(b)(2), substituted “6049(a), or 6050N(a)” for “or 6049(a)”.
- 1984 Pub. L. 98-369 Pub. L. 98–369 inserted “6047(e),”.
- 1982 Pub. L. 97-248 Pub. L. 97–248 substituted “6049(a)” for “6049(a)(1)”, and “or 6045” for “6045, 6049(a)(2), or 6049(a)(3)”.
- 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
- 1962 Pub. L. 87-834 Pub. L. 87–834, § 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)”.
Cited by 14
(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.
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Cited by 2
(c) Recipient to furnish name and address When necessary to make effective the provisions of this section, the name and address of the recipient of income shall be furnished upon demand of the person paying the income.
Amended 1962, 1978
- 1978 Pub. L. 95-600 Pub. L. 95–600 added subsec. (d) and redesignated subsec. (d) as (c).
- 1962 Pub. L. 87-834 Pub. L. 87–834, § 19(f)(2), repealed subsec. (c) which related to returns of payments of interest by corporations.
Cited by 1
(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—
Amended 1978, 1981, 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 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.
- 1981 Pub. L. 97-34 Pub. L. 97–34 added subsec. (d) and redesignated former subsec. (d) as (e).
- 1978 Pub. L. 95-600 Pub. L. 95–600 added subsec. (d) and redesignated subsec. (d) as (c).
Cited by 2
(1) the name, address, and phone number of the information contact of the person required to make such return,
Amended 1996
- 1996 Pub. L. 104-168 Pub. L. 104–168 substituted “name, address, and phone number of the information contact” for “name and address”.
(2) the aggregate amount of payments to the person required to be shown on the return,
(3) in the case of compensation to non-employees, the portion of payments that have been reasonably designated as cash tips and the occupation described in section 224(d)(1) of the person receiving such tips, and
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70201(f)(1)(B), added par. (3).
Cited by 4
(4) the portion of payments that are qualified overtime compensation (as defined in section 225(c)).
Amended 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70202(c)(2)(B), added par. (4).
Cited by 1
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.
Amended 1981
- 1981 Pub. L. 97-34 Pub. L. 97–34 added subsec. (d) and redesignated former subsec. (d) as (e).
(f) Section does not apply to certain health arrangements This section shall not apply to any payment for medical care (as defined in section 213(d)) made under—
(1) a flexible spending arrangement (as defined in section 106(c)(2)), or needs § 106(c)(2)
(2) a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106.
For purposes of this subsection, a flexible spending arrangement is a benefit program which provides employees with coverage under which—
“Reasonable” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)
“Reasonably” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)
In the case of an insured plan, the maximum amount reasonably available shall be determined on the basis of the underlying coverage.
Amended 2003
- 2003 Pub. L. 108-173 Pub. L. 108–173 added subsec. (f).
(g) Nonqualified deferred compensation Subsection (a) shall apply to—
Amended 2004
- 2004 Pub. L. 108-357 Pub. L. 108–357 added subsec. (g).
(1) any deferrals for the year under a nonqualified deferred compensation plan (within the meaning of section 409A(d)), whether or not paid, except that this paragraph shall not apply to deferrals which are required to be reported under section 6051(a)(13) (without regard to any de minimis exception), and
(2) any amount includible under section 409A and which is not treated as wages under section 3401(a).
(h) Inflation adjustment In the case of any calendar year after 2026, the dollar amount in subsection (a) shall be increased by an amount equal to—
Amended 2010, 2011, 2025
- 2025 Pub. L. 119-21 Pub. L. 119–21, § 70433(b), added subsec. (h).
- 2011 Pub. L. 112-9 Pub. L. 112–9, § 3(a), struck out subsec. (h) which related to treatment of rental property expense payments.
- 2010 Pub. L. 111-240 Pub. L. 111–240 added subsec. (h). Former subsec. (h) redesignated (i).
- 2010 Pub. L. 111-148 Pub. L. 111–148, § 9006(a), added subsec. (h).
(1) such dollar amount, multiplied by
(2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting “calendar year 2025” for “calendar year 2016” in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.