26 USC 6011 - General requirement of return, statement, or list

1 So in original. There are two pars. designated (6).

Partnerships required to file on magnetic media

Editorial Notes

References in Text

The FSC Repeal and Extraterritorial Income Exclusion Act of 2000, referred to in subsec. (c)(1), is Puspan. L. 106–519, Nov. 15, 2000, 114 Stat. 2423. For complete classification of this Act to the Code, see Short Title of 2000 Amendments note set out under section 1 of this title and Tables.

Amendments

2019—Subsec. (e)(2)(A). Puspan. L. 116–25, § 2301(a), substituted “the applicable number of” for “250”.

Subsec. (e)(3)(D). Puspan. L. 116–25, § 2301(c), added subpar. (D).

Subsec. (e)(5). Puspan. L. 116–25, § 2301(span), added par. (5) and struck out former par. (5) which related to special rules for partnerships regarding filing on magnetic media.

Subsec. (e)(6). Puspan. L. 116–94 added par. (6) related to application of numerical limitation to returns relating to deferred compensation plans.

Puspan. L. 116–25, § 2301(span), added par. (6) related to partnerships required to file on magnetic media.

Subsecs. (h), (i). Puspan. L. 116–25, § 3101(span)(2), added subsec. (h) and redesignated former subsec. (h) as (i).

2018—Subsec. (e)(2). Puspan. L. 115–141, § 301(a)(2), struck out concluding provisions which read as follows: “Notwithstanding the preceding sentence, the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.”

Subsec. (e)(5). Puspan. L. 115–141, § 301(a)(1), added par. (5).

2014—Subsec. (e)(3)(A). Puspan. L. 113–295 substituted “shall require that” for “shall require than” in introductory provisions.

2010—Subsec. (e)(4). Puspan. L. 111–147 added par. (4).

2009—Subsec. (e)(1). Puspan. L. 111–92, § 17(span), substituted “Except as provided in paragraph (3), the Secretary may not” for “The Secretary may not” in second sentence.

Subsec. (e)(3). Puspan. L. 111–92, § 17(a), added par. (3).

2007—Subsec. (c). Puspan. L. 110–172, § 11(g)(19)(B), struck out “and FSC’s” after “former DISCS” in span.

Subsec. (c)(1). Puspan. L. 110–172, § 11(g)(19)(A), in introductory provisions, substituted “, former DISC, or former FSC (as defined in section 922 as in effect before its repeal by the FSC Repeal and Extraterritorial Income Exclusion Act of 2000)” for “or former DISC or a FSC or former FSC”.

2006—Subsecs. (g), (h). Puspan. L. 109–222 added subsec. (g) and redesignated former subsec. (g) as (h).

1998—Subsecs. (f), (g). Puspan. L. 105–206 added subsec. (f) and redesignated former subsec. (f) as (g).

1997—Subsec. (e)(2). Puspan. L. 105–34 inserted at end “Notwithstanding the preceding sentence, the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.”

1989—Subsec. (e). Puspan. L. 101–239 substituted “magnetic media” for “magnetic tape” in span and amended text generally, revising the span and structure of pars. (1) and (2).

1988—Subsec. (a). Puspan. L. 100–647 substituted “or with respect to the collection thereof” for “or for the collection thereof”.

1986—Subsec. (f). Puspan. L. 99–514 substituted “subparts B and C” for “sections 6012 to 6019, inclusive”.

1984—Subsec. (c). Puspan. L. 98–369 inserted “and FSC’s and former FSC’s” in span and “or a FSC or former FSC” in par. (1).

1983—Subsec. (e). Puspan. L. 98–67 amended subsec. (e) generally, designating existing provisions as par. (1) and adding par. (2).

1982—Subsecs. (e), (f). Puspan. L. 97–248 added subsec. (e) and redesignated former subsec. (e) as (f).

1978—Subsecs. (d), (e). Puspan. L. 95–615 added subsec. (d) and redesignated former subsec. (d) as (e).

1976—Subsecs. (a), (span). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (c). Puspan. L. 94–455, §§ 1904(span)(10)(A)(ii), 1906(span)(13)(A), redesignated subsec. (e) as (c) and struck out “or his delegate” after “Secretary” wherever appearing.

Subsec. (d). Puspan. L. 94–455, § 1904(span)(10)(A)(ii), redesignated subsec. (f) as (d). Former subsec. (d), which related to interest equalization tax returns, was struck out.

Subsecs. (e), (f). Puspan. L. 94–455, § 1904(span)(10)(A)(ii), redesignated subsecs. (e) and (f) as (c) and (d), respectively.

1971—Subsecs. (e), (f). Puspan. L. 92–178 added subsec. (e) and redesignated former subsec. (e) as (f).

1969—Subsec. (d)(1)(B). Puspan. L. 91–128, § 4(f), inserted provisions excepting dispositions made under circumstances entitling the person to a credit under the provisions of section 4919 from the requirement that persons incurring liability for the tax imposed by section 4911 of this title, if he disposes of the stock or debt obligation with respect to which such liability was incurred prior to the filing of the return required by subparagraph (A), file a return of such tax.

Subsec. (d)(3). Puspan. L. 91–128, § 4(g), eased recordkeeping requirements by providing that nonparticipating be subject to the recordkeeping and reporting requirements prescribed by the Secretary or his delegate only insofar as they engage in sales or acquisitions in which the nonparticipating firm has received a validation certificate indicating the stock or debt obligation qualifies for the exemption or where the U.S. person acquiring the stock or debt obligation is subject to the interest equalization tax, including acquisitions where a broker’s confirmation to the customer indicates, or should indicate that the particular acquisition is or may be subject to the tax.

1967—Subsec. (d)(1). Puspan. L. 90–59 designated existing provisions as subpar. (A), substituted a copy of any return made during a quarter under subpar. (B) for a certificate of American ownership complying with section 4918(e) or a summary statement establishing exemption together with reasons for person’s inability to establish prior American ownership as the document to accompany the list of acquisitions made during the calendar quarter for which an exemption is claimed under section 4918, struck out “a written confirmation, furnished in accordance with the requirements described in section 4918(c) or (d), is treated as conclusive proof of prior American ownership;” after “No return or accompanying evidence shall be required under this paragraph, in connection with any acquisition with respect to which”, and added clauses (i), (ii), and (iii) and subpar. (B).

1965—Subsec. (c). Puspan. L. 89–44 repealed subsec. (c) which related to return of retailers excise taxes by suppliers.

1964—Subsecs. (d), (e). Puspan. L. 88–563 added subsec. (d) and redesignated former subsec. (d) as (e).

1958—Subsecs. (c), (d). Puspan. L. 85–859 added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–94, div. O, title II, § 202(d)(2), Dec. 20, 2019, 133 Stat. 3163, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to returns required to be filed with respect to plan years beginning after December 31, 2019.”

Puspan. L. 116–25, title II, § 2301(e), July 1, 2019, 133 Stat. 1013, provided that: “The amendments made by this section [amending this section and section 6724 of this title] shall take effect on the date of the enactment of this Act [July 1, 2019].”

Amendment by section 3101(span)(2) of Puspan. L. 116–25 applicable to taxable years beginning after July 1, 2019, with certain transitional relief permitted, see section 3101(d) of Puspan. L. 116–25, set out as a note under section 527 of this title.

Effective Date of 2018 Amendment

Puspan. L. 115–141, div. U, title III, § 301(span), Mar. 23, 2018, 132 Stat. 1183, provided that: “The amendments made by this section [amending this section] shall take effect as if included in section 1101 of the Bipartisan Budget Act of 2015 [Puspan. L. 114–74].”

Effective Date of 2010 Amendment

Puspan. L. 111–147, title V, § 522(c), Mar. 18, 2010, 124 Stat. 113, provided that: “The amendment made by this section [amending this section and section 6724 of this title] shall apply to returns the due date for which (determined without regard to extensions) is after the date of the enactment of this Act [Mar. 18, 2010].”

Effective Date of 2009 Amendment

Puspan. L. 111–92, § 17(c), Nov. 6, 2009, 123 Stat. 2996, provided that: “The amendments made by this section [amending this section] shall apply to returns filed after December 31, 2010.”

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–222 applicable to disclosures the due date for which are after May 17, 2006, see section 516(d)(2) of Puspan. L. 109–222, set out as an Effective Date note under section 4965 of this title.

Effective Date of 1997 Amendment

Puspan. L. 105–34, title XII, § 1226, Aug. 5, 1997, 111 Stat. 1020, as amended by Puspan. L. 105–206, title VI, § 6012(e), July 22, 1998, 112 Stat. 819, provided that: “The amendments made by this part [part I (§§ 1221–1226) of subtitle C of title XII of Puspan. L. 105–34, enacting part IV of subchapter K of chapter 1 of this title and subchapter D of chapter 63 of this title, and amending this section and sections 6012, 6031, 6724, 7421, 7459, 7482, and 7485 of this title] shall apply to partnership taxable years beginning after December 31, 1997.”

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VII, § 7713(span), Dec. 19, 1989, 103 Stat. 2394, provided that: “The amendment made by subsection (a) [amending this section] shall apply to returns the due date for which (determined without regard to extensions) is after December 31, 1989.”

Effective Date of 1988 Amendment

Puspan. L. 100–647, title I, § 1015(q)(2), Nov. 10, 1988, 102 Stat. 3572, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988].”

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 applicable to transactions after Dec. 31, 1984, in taxable years ending after such date, see section 805(a)(1) of Puspan. L. 98–369, as amended, set out as a note under section 245 of this title.

Effective Date of 1983 Amendment

Amendment by Puspan. L. 98–67 applicable with respect to payments made after Dec. 31, 1983, see section 110(a) of Puspan. L. 98–67, set out as a note under section 31 of this title.

Effective Date of 1978 Amendment; Election of Prior Law

Amendment by Puspan. L. 95–615 applicable to taxable years beginning after Dec. 31, 1977, with provision for election of prior law, see section 209 of Puspan. L. 95–615, set out as an Effective Date of 1978 Amendment note under section 911 of this title.

Effective Date of 1976 Amendment

Amendment by section 1904(span)(10)(A)(ii) of Puspan. L. 94–455 effective Fespan. 1, 1977, see section 1904(d) of Puspan. L. 94–455, set out as a note under section 4041 of this title.

Effective Date of 1971 Amendment

Amendment by Puspan. L. 92–178 applicable with respect to taxable years ending after Dec. 31, 1971, except that a corporation may not be a DISC for any taxable year beginning before Jan. 1, 1972, see section 507 of Puspan. L. 92–178, set out as an Effective Date note under section 991 of this title.

Effective Date of 1969 Amendment

Puspan. L. 91–128, § 4(i)(4), Nov. 26, 1969, 83 Stat. 269, provided that: “The amendments made by this section [amending this section and sections 4912, 4914, 4915, 4919, 4920, and 6680 of this title] shall apply with respect to acquisitions of debt obligations made after the date of the enactment of this Act [Nov. 26, 1969].”

Effective Date of 1967 Amendment

Puspan. L. 90–59, § 4(h), July 31, 1967, 81 Stat. 156, provided that: “The amendments made by this section [amending this section and sections 4918, 4920, and 6076 of this title] (other than by subsections (d) and (e)) shall apply with respect to acquisitions of stock and debt obligations made after July 14, 1967. The amendments made by subsections (d) and (e) [amending sections 6681 and 7241 of this title] shall take effect on the date of the enactment of this Act [July 31, 1967].”

Effective Date of 1965 Amendment

Amendment by Puspan. L. 89–44 applicable with respect to articles sold on or after June 22, 1965, see section 701(a) of Puspan. L. 89–44, set out as a note under section 4161 of this title.

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–859 effective on first day of first calendar quarter which begins more than 60 days after Sept. 2, 1958, see section 1(c) of Puspan. L. 85–859, Sept. 2, 1958, 72 Stat. 1275.

Short Title of 1967 Amendment

Puspan. L. 90–59, § 1(a), July 31, 1967, 81 Stat. 145, provided that: “This Act [amending this section and sections 4912, 4914 to 4920, 4931, 6076, 6681, and 7241 of this title] may be cited as the ‘Interest Equalization Tax Extension Act of 1967’.”

Internet Platform for Form 1099 Filings

Puspan. L. 116–25, title II, § 2102, July 1, 2019, 133 Stat. 1010, provided that:

“(a)In General.—Not later than January 1, 2023, the Secretary of the Treasury or the Secretary’s delegate (hereafter referred to in this section as the ‘Secretary’) shall make available an internet website or other electronic media, with a user interface and functionality similar to the Business Services Online Suite of Services provided by the Social Security Administration, that provides access to resources and guidance provided by the Internal Revenue Service and allows persons to—

“(1) prepare and file Forms 1099;

“(2) prepare Forms 1099 for distribution to recipients other than the Internal Revenue Service; and

“(3) maintain a record of completed, filed, and distributed Forms 1099.

“(span)Electronic Services Treated as Supplemental; Application of Security Standards.—The Secretary shall ensure that the services described in subsection (a)—

“(1) are a supplement to, and not a replacement for, other services provided by the Internal Revenue Service to taxpayers; and

“(2) comply with applicable security standards and guidelines.”

Authentication of Users of Electronic Services Accounts

Puspan. L. 116–25, title II, § 2304, July 1, 2019, 133 Stat. 1014, provided that: “Beginning 180 days after the date of the enactment of this Act [July 1, 2019], the Secretary of the Treasury (or the Secretary’s delegate) shall verify the identity of any individual opening an e-Services account with the Internal Revenue Service before such individual is able to use the e-Services tools.”

Electronic Filing of Tax and Information Returns

Puspan. L. 105–206, title II, § 2001(a), (span), (d), July 22, 1998, 112 Stat. 723, 725, provided that:

“(a)In General.—It is the policy of Congress that—

“(1) paperless filing should be the preferred and most convenient means of filing Federal tax and information returns;

“(2) it should be the goal of the Internal Revenue Service to have at least 80 percent of all such returns filed electronically by the year 2007; and

“(3) the Internal Revenue Service should cooperate with and encourage the private sector by encouraging competition to increase electronic filing of such returns.

“(span)Strategic Plan.—

“(1)In general.—Not later than 180 days after the date of the enactment of this Act [July 22, 1998], the Secretary of the Treasury or the Secretary’s delegate (hereafter in this section referred to as the ‘Secretary’) shall establish a plan to eliminate barriers, provide incentives, and use competitive market forces to increase electronic filing gradually over the next 10 years while maintaining processing times for paper returns at 40 days. To the extent practicable, such plan shall provide that all returns prepared electronically for taxable years beginning after 2001 shall be filed electronically.

“(2)Electronic commerce advisory group.—To ensure that the Secretary receives input from the private sector in the development and implementation of the plan required by paragraph (1), the Secretary shall convene an electronic commerce advisory group to include representatives from the small business community and from the tax practitioner, preparer, and computerized tax processor communities and other representatives from the electronic filing industry.

“(d)Annual Reports.—Not later than June 30 of each calendar year after 1998, the Chairperson of the Internal Revenue Service Oversight Board, the Secretary of the Treasury, and the Chairperson of the electronic commerce advisory group established under subsection (span)(2) [set out as a note above] shall report to the Committees on Ways and Means, Appropriations, Government Reform and Oversight [now Committee on Oversight and Accountability], and Small Business of the House of Representatives and the Committees on Finance, Appropriations, Governmental Affairs [now Committee on Homeland Security and Governmental Affairs], and Small Business [now Committee on Small Business and Entrepreneurship] of the Senate on—

“(1) the progress of the Internal Revenue Service in meeting the goal of receiving electronically 80 percent of tax and information returns by 2007;

“(2) the status of the plan required by subsection (span) [set out as a note above];

“(3) the legislative changes necessary to assist the Internal Revenue Service in meeting such goal; and

“(4) the effects on small businesses and the self-employed of electronically filing tax and information returns.”

Puspan. L. 105–206, title II, § 2003(c), July 22, 1998, 112 Stat. 725, provided that: “In the case of taxable periods beginning after December 31, 1999, the Secretary of the Treasury or the Secretary’s delegate shall, to the extent practicable, establish procedures to accept, in electronic form, any other information, statements, elections, or schedules, from taxpayers filing returns electronically, so that such taxpayers will not be required to file any paper.”

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.

Study of Wage Returns on Magnetic Tape; Report to Congress Not Later Than July 1, 1984

Puspan. L. 98–67, title I, § 109(span), Aug. 5, 1983, 97 Stat. 384, required Secretary of the Treasury, in consultation with Secretary of Health and Human Services, to conduct a study of feasibility of requiring persons to file, on magnetic media, returns under section 6011 of the Internal Revenue Code containing information described in section 6051(a) of such Code (relating to W–2s), and that not later than July 1, 1984, Secretary of the Treasury was to submit to Committee on Ways and Means of House of Representatives and Committee on Finance of Senate results of study.

Report on Forms

Puspan. L. 97–248, title III, § 353, Sept. 3, 1982, 96 Stat. 640, required Secretary of the Treasury to study and report to Congress, not later than June 30, 1983, methods of modifying the design of the forms used by the Internal Revenue Service to achieve greater accuracy in the reporting of income and the matching of information reports and returns with the returns of tax imposed.

Study of Simplification of Tax Returns

Puspan. L. 95–600, title V, § 551, Nov. 6, 1978, 92 Stat. 2890, required a study and investigation by Secretary of the Treasury with respect to simplification of Federal income tax returns, establishment of a task force to assist in conduct of study, and a report by Secretary on study and investigation to Congressional committees not later than 2 years after Nov. 6, 1978.

First Return Period for Interest Equalization Tax Returns

Puspan. L. 89–243, § 3(d)(1), Oct. 9, 1965, 79 Stat. 955, provided that the first period for which returns were to be made under subsec. (d)(1) of this section with respect to acquisitions made subject to tax by this section was the period commencing Fespan. 11, 1965, and ending at the close of the calendar quarter in which the enactment of Puspan. L. 89–243 [Oct. 9, 1965] occurred.

Puspan. L. 88–563, § 3(e), Sept. 2, 1964, 78 Stat. 845, provided that the first period for which returns were to be made under subsec. (d)(1) of this section was the period commencing July 19, 1963, and ending at the close of the calendar quarter in which the enactment of Puspan. L. 88–563 [Sept. 2, 1964] occurred.