Amended 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 491(d)(57), struck out “and bond purchase” after “trusts and annuity” in section catchline.
Forms: Form 1096
Final rules 2
(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.
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
(b) Owner-employees Every individual on whose behalf contributions have been paid as an owner-employee (as defined in section 401(c)(3))—
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
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(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.
(c) Other programs 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).
Amended 1976, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 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.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
(d) Reports by employers, plan administrators, etc.
Amended 1974, 1976, 1981, 1983, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 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 Pub. L. 97-448 Pub. L. 97–448 substituted “section 219” for “section 219(a)”.
- 1981 Pub. L. 97-34 Pub. L. 97–34 substituted “section 219(a)” for “section 219(a) or 220(a)”.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1501(b)(9), inserted “or 220(a)” after “section 219(a)”.
- 1974 Pub. L. 93-406 Pub. L. 93–406, § 2002(g)(8), added subsec. (d). Former subsec. (d) redesignated (e).
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(1) In general The Secretary shall by forms or regulations require that—
Amended 1996
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 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.”
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(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
Amended 1992
- 1992 Pub. L. 102-318 Pub. L. 102–318, § 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, § 522(b)(2)(D). See below.
- 1992 Pub. L. 102-318 Pub. L. 102–318, § 522(b)(2)(D), substituted “3405(e)(1)” for “3405(d)(1)”.
(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—
Amended 1974, 1982, 1984, 1986, 1989, 1996
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 1602(b)(6), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:
- 1996 “(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,
- 1996 “(2) any person making or holding a loan to which section 133 applies, or
- 1996 “(3) both such employer or plan administrator and such person,”.
- 1989 Pub. L. 101-239 Pub. L. 101–239 added subsec. (e) and redesignated former subsec. (e) as (f).
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1848(e)(2), added par. (3).
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 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.
- 1982 Pub. L. 97-248 Pub. L. 97–248 added subsec. (e) and redesignated former subsec. (e) as (f).
- 1974 Pub. L. 93-406 Pub. L. 93–406, §§ 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.
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(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
Amended 1986, 1996
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 1602(b)(6), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:
- 1996 “(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,
- 1996 “(2) any person making or holding a loan to which section 133 applies, or
- 1996 “(3) both such employer or plan administrator and such person,”.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1501(d)(1)(D), substituted “section 6652(e)” for “section 6652(f)”.
(2) both such employer or plan administrator,
Amended 1996
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 1602(b)(6), added pars. (1) and (2) and struck out former pars. (1) to (3) which read as follows:
- 1996 “(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,
- 1996 “(2) any person making or holding a loan to which section 133 applies, or
- 1996 “(3) both such employer or plan administrator and such person,”.
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) 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.
Amended 1982, 1984, 1989, 1996, 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16 added subsec. (f) and redesignated former subsec. (f) as (g).
- 1996 Pub. L. 104-188 Pub. L. 104–188, § 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).”
- 1989 Pub. L. 101-239 Pub. L. 101–239 added subsec. (e) and redesignated former subsec. (e) as (f).
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 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.
- 1982 Pub. L. 97-248 Pub. L. 97–248 added subsec. (e) and redesignated former subsec. (e) as (f).
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(g) Information relating to life insurance contract transactions This section shall not apply to any information which is required to be reported under section 6050Y.
Amended 2001, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 13520(c)(2)(B), added subsec. (g). Former subsec. (g) redesignated (h).
- 2001 Pub. L. 107-16 Pub. L. 107–16 added subsec. (f) and redesignated former subsec. (f) as (g).
(h) Cross references
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 13520(c)(2)(A), redesignated subsec. (g) as (h).
(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.
(4) For provisions requiring reporting of information relating to certain life insurance contract transactions, see section 6050Y.
Amended 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97, § 13520(c)(2)(C), added par. (4). Text was editorially conformed to match the style of pars. (1) to (3).