Forms: Form 5500; Form 1040; Form 5329; Form 5500-EZ
Final rules 2
(a) In general Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary may by regulations prescribe with respect to the qualification, financial conditions, and operations of the plan; except that, in the discretion of the Secretary, the employer may be relieved from stating in its return any information which is reported in other returns.
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Cases: Stephenson v. Brady, 927 F.2d 596 (4th Cir. 1991)
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(b) Actuarial statement in case of mergers, etc. Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12).
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(c) Employer For purposes of this section, the term “employer” includes a person described in section 401(c)(4) and an individual who establishes an individual retirement plan.
Amended 1978
- 1978 Pub. L. 95-600 Pub. L. 95–600 substituted “an individual retirement plan” for “an individual retirement account or annuity described in section 408”.
(d) Coordination with income tax returns, etc. An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is—
Amended 1978
- 1978 Pub. L. 95-600 Pub. L. 95–600 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
(1) no special IRP tax, and
(e) Special IRP tax defined For purposes of this section, the term “special IRP tax” means a tax imposed by—
Amended 1978, 1984, 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “section 408(f),”.
- 1984 Pub. L. 98-369 Pub. L. 98–369 struck out par. (2) which included a tax imposed by section 409(c) within term “special IRP tax”, and redesignated pars. (3) and (4) as (2) and (3), respectively.
- 1978 Pub. L. 95-600 Pub. L. 95–600 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
(1) section 4973, or
(f) 403(b) multiple employer plans treated as one plan In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.
Amended 1978, 1986, 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328 added subsec. (f) and redesignated former subsec. (f) as (g).
- 1986 Pub. L. 99-514 Pub. L. 99–514 substituted “section 6652(e)” for “section 6652(f)”.
- 1978 Pub. L. 95-600 Pub. L. 95–600 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
(g) Cross references For provisions relating to penalties for failure to file a return required by this section, see section 6652(e).
For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
Amended 2022
- 2022 Pub. L. 117-328 Pub. L. 117–328 added subsec. (f) and redesignated former subsec. (f) as (g).