Forms: Form 1098-T; Form 1098-E; Form W-9S
Final rules 5
(a) In general Any person—
Amended 1998
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 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.”
Cited by 3
(1) which is an eligible educational institution which enrolls any individual for any academic period;
Amended 2002
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 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;”.
Cited by 1
(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
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 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,”.
Cited by 2
(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,
Cited by 1
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—
Cited by 1
(1) is in such form as the Secretary may prescribe, and
Amended 2002
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 1(b)(1), inserted “and” at end.
(2) contains—
Cited by 2
(A) the name, address, and TIN of any individual—
Amended 1997, 2002
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 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),”.
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 202(c)(2)(A), inserted “or interest” after “payments”.
Cited by 2
(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—
Amended 2002
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 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”.
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 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”.
Cited by 1
(i) aggregate amount of payments received for qualified tuition and related expenses with respect to the individual described in subparagraph (A) during the calendar year,
Amended 2015
- 2015 Pub. L. 114-113 Pub. L. 114–113, § 212(a), struck out “or the aggregate amount billed” after “received”.
Cited by 1
(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,
Cited by 1
(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,
(C) the employer identification number of the institution, and
Amended 1997, 1998, 2002, 2015
- 2015 Pub. L. 114-113 Pub. L. 114–113, § 211(b), added subpar. (C) and redesignated former subpar. (C) as (D).
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 1(b)(3), redesignated subpars. (C) and (D) as (B) and (C), respectively.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3712(a)(1), added cl. (ii). Former cl. (ii) redesignated (iii).
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3712(a)(1), (2), redesignated cl. (ii) as (iii) and inserted “by the person making such return” after “year”. Former cl. (iii) redesignated (iv).
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3712(a)(1), (3), redesignated cl. (iii) as (iv) and inserted “and” at end.
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 202(c)(2)(B), added cl. (iii).
(D) such other information as the Secretary may prescribe.
Amended 2002, 2015
- 2015 Pub. L. 114-113 Pub. L. 114–113, § 211(b), added subpar. (C) and redesignated former subpar. (C) as (D).
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 1(b)(3), redesignated subpars. (C) and (D) as (B) and (C), respectively.
(c) Application to governmental units 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—
Amended 2002
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 1(c)(1), struck out “or (B)” after “subparagraph (A)” in introductory provisions.
Cited by 6
(1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the information required by subsection (b)(2).
Amended 1998, 2002, 2015
- 2015 Pub. L. 114-27 Pub. L. 114–27 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the amounts described in subparagraph (B) of subsection (b)(2).”
- 2002 Pub. L. 107-131 Pub. L. 107–131, § 1(c)(2), substituted “subparagraph (B)” for “subparagraph (C)”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3712(b)(1), struck out “aggregate” before “amounts”.
Cited by 1
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).
Amended 1997, 1998, 2001
- 2001 Pub. L. 107-16 Pub. L. 107–16 substituted “section 221(d)(1)” for “section 221(e)(1)”.
- 1998 Pub. L. 105-206 Pub. L. 105–206, § 3712(b)(2), inserted “(without regard to subsection (g)(2) thereof)” after “section 25A”.
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 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)”.
(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.