# Pub. L. 102-318: changes to the Internal Revenue Code 1992-07-03, 106 Stat. 310. Source: . ## Legislative history - Bill: [H.R. 5260](https://www.congress.gov/bill/102nd-congress/house-bill/5260) ## § 55: Alternative minimum tax imposed - § 55(c)(1): Pub. L. 102–318 substituted “402(d)” for “402(e)”. ## § 62: Adjusted gross income defined - § 62(a)(8): Pub. L. 102–318 substituted “402(d)” for “402(e)” in heading and in text. ## § 72: Annuities; certain proceeds of endowment and life insurance contracts - § 72(o)(4): Pub. L. 102–318 substituted “402(c)” for “402(a)(5), 402(a)(7)”. ## § 151: Allowance of deductions for personal exemptions - § 151(d)(3): Pub. L. 102–318 substituted “1996” for “1995”. ## § 219: Retirement savings - § 219(d)(2): Pub. L. 102–318 substituted “402(c)” for “402(a)(5), 402(a)(7)”. ## § 401: Qualified pension, profit-sharing, and stock bonus plans - § 401(a)(20): Pub. L. 102–318, § 521(b)(5), substituted “1 or more distributions within 1 taxable year to a distributee on account of a termination of the plan of which the trust is a part, or in the case of a profit-sharing or stock bonus plan, a complete discontinuance of contributions under such plan” for “a qualified total distribution described in section 402(a)(5)(E)(i)(I)” and inserted at end “For purposes of this paragraph, rules similar to the rules of section 402(a)(6)(B) (as in effect before its repeal by section 211 of the Unemployment Compensation Amendments of 1992) shall apply.” - § 401(a)(28)(B)(v): Pub. L. 102–318, § 521(b)(6), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: “Any distribution required by this subparagraph shall not be taken into account in determining whether— - § 401(a)(31): Pub. L. 102–318, § 522(a)(1), added par. (31). - § 401(k)(2)(B)(i)(IV): Pub. L. 102–318, § 521(b)(7), substituted “402(e)(3)” for “402(a)(8)”. - § 401(k)(10)(B)(ii): Pub. L. 102–318, § 521(b)(8), substituted “402(d)(4)” for “402(e)(4)” and “subparagraph (F)” for “subparagraph (H)”. ## § 402: Taxability of beneficiary of employees’ trust - § 402(a), § 402(b), § 402(c), § 402(d): Pub. L. 102–318, § 521(a), amended subsecs. (a) to (d) generally, substituting present provisions for former provisions which in subsec. (a) related to taxability of beneficiaries of exempt trusts, in subsec. (b) related to taxability of beneficiaries of nonexempt trusts, in subsec. (c) related to taxability of beneficiaries of certain foreign situs trusts, and subsec. (d) which had been previously repealed. - § 402(e): Pub. L. 102–318, § 521, amended subsec. (e) generally, substituting provisions relating to other rules applicable to exempt trusts for provisions relating to tax on lump sum distributions. - § 402(e)(6): Pub. L. 102–318, § 522(c)(1), added par. (6). - § 402(f): Pub. L. 102–318, § 521(a), amended subsec. (f) generally, substituting present provisions for provisions requiring a different time when explanation was to be provided and a different content of explanation to be given and using different definitions for “eligible rollover distribution” and “eligible retirement plan”. - § 402(g)(1): Pub. L. 102–318, § 521(b)(9), substituted “subsections (e)(3)” for “subsections (a)(8)”. - § 402(i): Pub. L. 102–318, § 521(b)(10), substituted “subsection (d)(4)” for “subsection (e)(4)”. - § 402(j)(1): Pub. L. 102–318, § 521(b)(11), substituted “(e)(4)” for “(a)(1) or (e)(4)(J)”. ## § 403: Taxation of employee annuities - § 403(a)(4)(A)(i): Pub. L. 102–318, § 521(b)(12)(A), inserted before comma at end “in an eligible rollover distribution (within the meaning of section 402(c)(4))”. - § 403(a)(4)(B): Pub. L. 102–318, § 521(b)(12)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Rules similar to the rules of subparagraphs (B) through (G) of section 402(a)(5) and of paragraphs (6) and (7) of section 402(a) shall apply for purposes of subparagraph (A).” - § 403(a)(5): Pub. L. 102–318, § 522(c)(2), added par. (5). - § 403(b)(8)(A)(i): Pub. L. 102–318, § 521(b)(13)(A), inserted before comma at end “in an eligible rollover distribution (within the meaning of section 402(c)(4))”. - § 403(b)(8)(B), § 403(b)(8): Pub. L. 102–318, § 521(b)(13)(B), added subpar. (B) and struck out former subpars. (B) to (D), which related to special rules for partial distributions, applicability of certain similar rules, and eligibility for rollover treatment of required distributions. - § 403(b)(10): Pub. L. 102–318, § 522(a)(3), (c)(3), substituted “sections 401(a)(9) and 401(a)(31)” for “section 401(a)(9)” and inserted at end “Any amount transferred in an direct trustee-to-trustee transfer in accordance with section 401(a)(31) shall not be includible in gross income for the taxable year of the transfer.” ## § 404: Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan - § 404(a)(2): Pub. L. 102–318 substituted “(27), and (31)” for “and (27)”. ## § 406: Employees of foreign affiliates covered by section 3121(l) agreements - § 406(c): Pub. L. 102–318 substituted “402(d)” for “402(e)”. ## § 407: Certain employees of domestic subsidiaries engaged in business outside the United States - § 407(c): Pub. L. 102–318 substituted “402(d)” for “402(e)”. ## § 408: Individual retirement accounts - § 408(a)(1): Pub. L. 102–318, § 521(b)(16), substituted “402(c)” for “402(a)(5), 402(a)(7)”. - § 408(d)(3)(A)(ii): Pub. L. 102–318, § 521(b)(17), amended clause (ii) generally. Prior to amendment, clause (ii) read as follows: “the entire amount received (including money and any other property) represents the entire amount in the account or the entire value of the annuity and no amount in the account and no part of the value of the annuity is attributable to any source other than a rollover contribution of a qualified total distribution (as defined in section 402(a)(5)(E)(i)) from an employee’s trust described in section 401(a) which is exempt from tax under section 501(a), or an annuity plan described in section 403(a) and any earnings on such sums and the entire amount thereof is paid into another such trust (for the benefit of such individual) or annuity plan not later than the 60th day on which he receives the payment or distribution; or”. - § 408(d)(3)(B): Pub. L. 102–318, § 521(b)(18), struck out at end “Clause (ii) of subparagraph (A) shall not apply to any amount paid or distributed out of an individual retirement account or an individual retirement annuity to which an amount was contributed which was treated as a rollover contribution by section 402(a)(7) (or in the case of an individual retirement annuity, such section as made applicable by section 403(a)(4)(B)).” - § 408(d)(3)(F): Pub. L. 102–318, § 521(b)(19), substituted “402(c)(7)” for “402(a)(6)(H)”. ## § 411: Minimum vesting standards - § 411(d)(3): Pub. L. 102–318 inserted at end “For purposes of this paragraph, in the case of the complete discontinuance of contributions under a profit-sharing or stock bonus plan, such plan shall be treated as having terminated on the day on which the plan administrator notifies the Secretary (in accordance with regulations) of the discontinuance.” ## § 414: Definitions and special rules - § 414(n)(5)(C)(iii)(I): Pub. L. 102–318, § 521(b)(20), substituted “402(e)(3)” for “402(a)(8)”. - § 414(q)(7): Pub. L. 102–318, § 521(b)(21), substituted “402(e)(3)” for “402(a)(8)”. - § 414(s)(2): Pub. L. 102–318, § 521(b)(22), substituted “402(e)(3)” for “402(a)(8)”. ## § 415: Limitations on benefits and contribution under qualified plans - § 415(b)(2)(A), § 415(b)(2)(B), § 415(c)(2): Pub. L. 102–318 substituted “402(c)” for “402(a)(5)”. ## § 457: Deferred compensation plans of State and local governments and tax-exempt organizations - § 457(c): Pub. L. 102–318 substituted “402(e)(3)” for “402(a)(8)”. ## § 691: Recipients of income in respect of decedents - § 691(c): Pub. L. 102–318, which directed that section 691(c) be amended “in the text and heading” by substituting “402(d)” for “402(e)”, was executed by making the substitution in subsec. (c)(5). See 1996 Amendment note above. ## § 871: Tax on nonresident alien individuals - § 871(a)(1)(B): Pub. L. 102–318, § 521(b)(28), struck out “402(a)(2), 403(a)(2), or” before “631(b)”. - § 871(b)(1): Pub. L. 102–318, § 521(b)(29), substituted “402(d)(1)” for “402(e)(1)”. - § 871(k)(1): Pub. L. 102–318, § 521(b)(30), substituted “402(e)(2)” for “402(a)(4)”. ## § 877: Expatriation to avoid tax - § 877(b): Pub. L. 102–318 substituted “402(d)(1)” for “402(e)(1)”. ## § 1441: Withholding of tax on nonresident aliens - § 1441(b), § 1441(c)(5): Pub. L. 102–318 struck out “402(a)(2), 403(a)(2), or” before “631(b)”. ## § 3121: Definitions - § 3121(v)(1)(A): Pub. L. 102–318 substituted “402(e)(3)” for “402(a)(8)”. ## § 3304: Approval of State laws - § 3304(a)(4)(E): Pub. L. 102–318 added subpar. (E). ## § 3306: Definitions - § 3306(c)(1)(B): Pub. L. 102–318, § 303(a), substituted “1995” for “1993”. - § 3306(f)(4): Pub. L. 102–318, § 401(a)(2), added par. (4). - § 3306(r)(1)(A): Pub. L. 102–318, § 521(b)(35), substituted “402(e)(3)” for “402(a)(8)”. ## § 3402: Income tax collected at source - § 3402(o)(6): Pub. L. 102–318 substituted “3405(e)(1)” for “3405(d)(1)”. ## § 3405: Special rules for pensions, annuities, and certain other deferred income - § 3405(a): Pub. L. 102–318, § 521(b)(36), substituted “Periodic payments” for “Pensions, annuities, etc.” in heading. - § 3405(a)(1): Pub. L. 102–318, § 522(b)(2)(A), substituted “subsection (e)(2)” for “subsection (d)(2)”. - § 3405(b)(1): Pub. L. 102–318, §§ 521(b)(37)(A), 522(b)(2)(B), substituted “subsection (e)(3)” for “subsection (d)(3)” and “an amount equal to 10 percent of such distribution” for “the amount determined under paragraph (2)”. - § 3405(b)(2), § 3405(b): Pub. L. 102–318, § 521(b)(37)(B), redesignated par. (3) as (2) and struck out former par. (2) which related to amount of withholding. - § 3405(c): Pub. L. 102–318, § 522(b)(1), added subsec. (c). Former subsec. (c) redesignated (d). - § 3405(d): Pub. L. 102–318, § 522(b)(1), (2)(C), redesignated subsec. (c) as (d) and substituted “subsection (e)(1)” for “subsection (d)(1)” in par. (1). Former subsec. (d) redesignated (e). - § 3405(d): Pub. L. 102–318, § 521(b)(40), substituted “(b)(2)” for “(b)(3)” in par. (13)(A). - § 3405(d): Pub. L. 102–318, § 521(b)(39), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “The maximum amount to be withheld under this section on any designated distribution shall not exceed the sum of the amount of money and the fair market value of other property (other than employer securities of the employer corporation (within the meaning of section 402(a)(3))) received in the distribution. No amount shall be required to be withheld under this section in the case of any designated distribution which consists only of employer securities of the employer corporation (within the meaning of section 402(a)(3)) and cash (not in excess of $200) in lieu of fractional shares.” - § 3405(d): Pub. L. 102–318, § 521(b)(38), struck out par. (4) which defined “qualified total distribution” and provided special rule for accumulated deductible employee contributions in determining qualified total distribution. - § 3405(e), § 3405(f): Pub. L. 102–318, § 522(b)(1), redesignated subsecs. (d) and (e) as (e) and (f), respectively. ## § 4973: Tax on excess contributions to certain tax-favored accounts and annuities - § 4973(b)(1)(A): Pub. L. 102–318, which directed the substitution of “sections 402(c)” for “sections 402(a)(5), 402(a)(7)”, was executed by substituting “sections 402(c)” for “section 402(a)(5), 402(a)(7)”. See 1996 Amendment note above. ## § 6047: Information relating to certain trusts and annuity plans - § 6047(d)(1)(A): 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. - § 6047(d)(1)(A): Pub. L. 102–318, § 522(b)(2)(D), substituted “3405(e)(1)” for “3405(d)(1)”. ## § 6652: Failure to file certain information returns, registration statements, etc. - § 6652(h): Pub. L. 102–318 substituted “3405(e)(10)(B)” for “3405(d)(10)(B)”. ## § 6655: Failure by corporation to pay estimated income tax - § 6655(d)(1)(B)(i): Pub. L. 102–318, § 512(a)(1), substituted “91 percent” for “90 percent” in two places. - § 6655(d)(2): Pub. L. 102–318, § 512(a)(2), substituted “91 percent” for “90 percent” in heading. - § 6655(d): Pub. L. 102–318, § 512(a)(3), added par. (3) and struck out former par. (3) which related to temporary increase in amount of installment method based on current tax year for taxable years beginning after 1991 and before 1997. - § 6655(e)(2)(B)(ii): Pub. L. 102–318, § 512(b)(1), in table, substituted applicable percentages of 22.75, 45.50, 68.25, and 91.00 for 22.5, 45, 67.5, and 90, respectively, in 1st, 2nd, 3rd and 4th installments. - § 6655(e)(3)(A)(i): Pub. L. 102–318, § 512(b)(2), substituted “91 percent” for “90 percent”. ## § 7701: Definitions - § 7701(j)(1)(C): Pub. L. 102–318 substituted “402(e)(3)” for “402(a)(8)”.