SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3402, 6041, 6652, 6678 of this title.

[§ 6050. Repealed. Pub. L. 96-167, § 5(a), Dec. 29, 1979, 93 Stat. 1276]

Section, added Pub. L. 91-172, title I, § 121(e)(1), Dec. 30, 1969, 83 Stat. 548, and amended Pub. L. 94-455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, provided for a return by the transferor of income producing property if the transferee was known to be an organization referred to in section 511(a) or (b) and the property had a fair market value in excess of $50,000.

EFFECTIVE DATE OF REPEAL

Section 5(c) of Pub. L. 96-167 provided that: "The amendments made by this section [repealing this section] shall apply to transfers after the date of the enactment of this Act [Dec. 29, 1979]."

§ 6050A. Reporting requirements of certain fishing boat operators

(a) Reports

The operator of a boat on which one or more individuals, during a calendar year, perform services described in section 3121(b)(20) shall submit to the Secretary (at such time, and in such manner and form, as the Secretary shall by regulations prescribe) information respecting

(1) the identity of each individual performing such services;

(2) the percentage of each such individual's share of the catches of fish or other forms of aquatic animal life, and the percentage of the operator's share of such catches;

(3) if such individual receives his share in kind, the type and weight of such share, together with such other information as the Secretary may prescribe by regulations reasonably necessary to determine the value of such share; and

(4) if such individual receives a share of the proceeds of such catches, the amount so received.

(b) Written statement

Every person making a return under subsection (a) shall furnish to each person whose name is set forth in such return a written statement showing the information relating to such person contained in such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.

(Added Pub. L. 94-455, title XII, § 1207(e)(3)(A), Oct. 4, 1976, 90 Stat. 1707.)

EFFECTIVE DATE

Section effective for calendar years beginning after Oct. 4, 1976, see section 1207(f)(4)(A) of Pub. L. 94-455, set out as a note under section 3121 of this title.

SECTION Referred to IN OTHER SECTIONS

This section is referred to in sections 3402, 6652, 6678 of this title.

§ 6050B. Returns relating to unemployment compensation

(a) Requirement of reporting

Every person who makes payments of unemployment compensation aggregating $10 or more to any individual during any calendar year shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amounts of such payments and the name and address of the individual to whom paid.

(b) Statements to be furnished to individuals with respect to whom information is furnished

Every person making a return under subsection (a) shall furnish to each individual whose name is set forth in such return a written statement showing

(1) the name and address of the person making such return, and

(2) the aggregate amount of payments to the individual as shown on such return. The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. No statement shall be required to be furnished to any individual under this subsection if the aggregate amount of payments to such individual shown on the return made under subsection (a) is less than $10.

(c) Definitions

For purposes of this section(1) Unemployment compensation

The term "unemployment compensation" has the meaning given to such term by section 85(c).

(2) Person

The term "person" means the officer or employee having control of the payment of the unemployment compensation, or the person appropriately designated for purposes of this section.

(Added Pub. L. 95-600, title I, § 112(b), Nov. 6, 1978, 92 Stat. 2777.)

EFFECTIVE DATE

Section effective with respect to payments of unemployment compensation made after Dec. 31, 1978, in taxable years ending after such date, see section 112(d) of Pub. L. 95-600, set out as a note under section 85 of this title.

§ 6050C. Information regarding windfall profit tax on domestic crude oil

(a) Certification furnished by operator

Under regulations prescribed by the Secretary, the operator of a property from which domestic crude oil was produced shall certify (at such time and in such manner as the Secretary shall by regulations prescribe) to the purchaser

(1) the adjusted base price (within the meaning of section 4989) with respect to such crude oil,

(2) the tier and category of such crude oil for purposes of the tax imposed by section 4986,

(3) if any certification is furnished to the operator by the producer with respect to whether such oil is exempt oil or independent producer oil, a copy of such certification,

(4) the amount of such crude oil, and

(5) such other information as the Secretary by regulations may require.

(b) Agreement between operator and purchaser

The Secretary may by regulations provide that, if the operator and purchaser agree thereto, the operator shall be relieved of the duty of furnishing some or all of the information required under subsection (a).

(c) Special rule for oil not subject to withholding

If the tax imposed by section 4986 with respect to any oil for which withholding is not required under section 4995(a)—

(1) subsections (a) and (b) shall be applied by substituting "producer" for "purchaser", and

(2) paragraph (3) of subsection (a) shall not apply.

(d) Cross references

(1) For additions to tax for failure to furnish information required under this section, see section 6652(b).

(2) For penalty for willful failure to supply information required under this section, see section 7241. (Added Pub. L. 96-223, title I, § 101(d)(1), Apr. 2, 1980, 94 Stat. 251.)

EFFECTIVE DATE

Section applicable to periods after Feb. 29, 1980, see section 101(i) of Pub. L. 96-223, set out as a note under section 4986 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4995, 6678, 7241 of this title.

§ 6050D. Returns relating to energy grants and financing

(a) In general

Every person who administers a Federal, State, or local program a principal purpose of which is to provide subsidized financing or grants for projects to conserve or produce energy shall, to the extent required under regulations prescribed by the Secretary, make a return setting forth the name and address of each taxpayer receiving financing or a grant under such program and the aggregate amount so received by such individual.

(b) Definition of person

For purposes of this section, the term "person" means the officer or employee having control of the program, or the person appropriately designated for purposes of this section. (Added Pub. L. 96-223, title II, § 203(b)(1), Apr. 2, 1980, 94 Stat. 259.)

EFFECTIVE DATE

Section applicable to taxable years beginning after Dec. 31, 1980, but only with respect to financing or grants made after that date, see section 203(c) of Pub. L. 96-223, set out as an Effective Date of 1980 Amendment note under section 44C of this title.

§ 6050E. State and local income tax refunds (a) Requirement of reporting

Every person who, with respect to any individual, during any calendar year makes payments of refunds of State or local income taxes (or allows credits or offsets with respect to such taxes) aggregating $10 or more shall make a return according to forms or regulations prescribed by the Secretary setting forth the aggregate amount of such payments, credits, or offsets, and the name and address of the individual with respect to whom such payment, credit, or offset was made.

(b) Statements to be furnished to individuals with respect to whom information is furnished

Every person making a return under subsection (a) shall furnish to each individual whose name is set forth in such return a written statement showing

(1) the name of the State or political subdivision thereof, and

(2) the aggregate amount shown on the return of refunds, credits, and offsets to the individual.

The written statement required under the preceding sentence shall be furnished to the individual during January of the calendar year following the calendar year for which the return under subsection (a) was made.

1965-Pub. L. 89-97, title III, § 318(e)(2)(D), July 30, 1965, 79 Stat. 385, added item 6053. 1964-Pub. L. 88-272, title II, § 204(c)(3), Feb. 26, 1964, 78 Stat. 37, added item 6052. § 6051. Receipts for employees (a) Requirement

Every person required to deduct and withhold from an employee a tax under section 3101 or 3402, or who would have been required to deduct and withhold a tax under section 3402 (determined without regard to subsection (n)) if the employee had claimed no more than one withholding exemption, or every employer en

gaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash, shall furnish to each such employee in respect of the remuneration paid by such person to such employee during the calendar year, on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, within 30 days after the date of receipt of a written request from the employee if each 30-day period ends before January 31, a written statement showing the following:

(1) the name of such person,

(2) the name of the employee (and his social security account number if wages as defined in section 3121(a) have been paid),

(3) the total amount of wages as defined in section 3401(a),

(4) the total amount deducted and withheld as tax under section 3402,

(5) the total amount of wages as defined in section 3121(a),

(6) the total amount deducted and withheld as tax under section 3101, and

(7) the total amount paid to the employee under section 3507 (relating to advance payment of earned income credit).

In the case of compensation paid for service as a member of a uniformed service, the statement shall show, in lieu of the amount required to be shown by paragraph (5), the total amount of wages as defined in section 3121(a), computed in accordance with such section and section 3121(i)(2). In the case of compensation paid for service as a volunteer or volunteer leader within the meaning of the Peace Corps Act, the statement shall show, in lieu of the amount required to be shown by paragraph (5), the total amount of wages as defined in section 3121(a), computed in accordance with such section and section 3121(i)(3). In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053(a). The amounts required to be shown by paragraph (5) shall not include wages which are exempted pursuant to sections 3101(c) and 3111(c) from the taxes imposed by sections 3101 and 3111. (b) Special rule as to compensation of members of Armed Forces

In the case of compensation paid for service as a member of the Armed Forces, the statement required by subsection (a) shall be furnished if any tax was withheld during the calendar year under section 3402, or if any of the compensation paid during such year is includible in gross income under chapter 1, or if during the calendar year any amount was required to be withheld as tax under section 3101. In lieu of the amount required to be shown by paragraph (3) of subsection (a), such statement shall show as wages paid during the calendar year the amount of such compensation paid during the calendar year which is not excluded from gross income under chapter 1 (whether or not such compensation constituted wages as defined in section 3401(a)).

(c) Additional requirements

The statements required to be furnished pursuant to this section in respect of any remuneration shall be furnished at such other times, shall contain such other information, and shall be in such form as the Secretary may by regulations prescribe. The statements required under this section shall also show the proportion of the total amount withheld as tax under section 3101 which is for financing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act.

(d) Statements to constitute information returns

A duplicate of any statement made pursuant to this section and in accordance with regulations prescribed by the Secretary shall, when required by such regulations, be filed with the Secretary.

(e) Railroad employees

(1) Additional requirement

Every person required to deduct and withhold tax under section 3201 from an employee shall include on or with the statement required to be furnished such employee under subsection (a) a notice concerning the provisions of this title with respect to the allowance of a credit or refund of the tax on wages imposed by section 3101(b) and the tax on compensation imposed by section 3201 or 3211 which is treated as a tax on wages imposed by section 3101(b).

(2) Information to be supplied to employees

Each person required to deduct and withhold tax under section 3201 during any year from an employee who has also received wages during such year subject to the tax imposed by section 3101(b) shall, upon request of such employee, furnish to him a written statement showing

(A) the total amount of compensation with respect to which the tax imposed by section 3201 was deducted,

(B) the total amount deducted as tax under section 3201, and

(C) the portion of the total amount deducted as tax under section 3201 which is for financing the cost of hospital insurance under part A of title XVIII of the Social Security Act.

(f) Statements required in case of sick pay paid by third parties

(1) Statements required from payor

(A) In general

If, during any calendar year, any person makes a payment of third-party sick pay to an employee, such person shall, on or before January 15 of the succeeding year, furnish a written statement to the employer in respect of whom such payment was made showing

(i) the name and, if there is withholding under section 3402(o), the social security number of such employee,

(ii) the total amount of the third-party sick pay paid to such employee during the calendar year, and

(iii) the total amount (if any) deducted and withheld from such sick pay under section 3402.

For purposes of the preceding sentence, the term "third-party sick pay" means any sick pay (as defined in section 3402(o)(2)(C)) which does not constitute wages for purposes of chapter 24 (determined without regard to section 3402(o)(1)).

(B) Special rules

(i) Statements are in lieu of other reporting requirements

The reporting requirements of subparagraph (A) with respect to any payments shall, with respect to such payments, be in lieu of the requirements of subsection (a) and of section 6041.

(ii) Penalties made applicable

For purposes of sections 6674 and 7204, the statements required to be furnished by subparagraph (A) shall be treated as statements required under this section to be furnished to employees.

(2) Information required to be furnished by employer

Every employer who receives a statement under paragraph (1)(A) with respect to sick pay paid to any employee during any calendar year shall, on or before January 31 of the succeeding year, furnish a written statement to such employee showing

(A) the information shown on the statement furnished under paragraph (1)(A), and

(B) if any portion of the sick pay is excludable from gross income under section 104(a)(3), the portion which is not so excludable and the portion which is so excludable.

To the extent practicable, the information required under the preceding sentence shall be furnished on or with the statement (if any) required under subsection (a).

(Aug. 16, 1954, ch. 736, 68A Stat. 747; Aug. 1, 1956, ch. 837, title IV, § 412, 70 Stat. 879; Sept. 22, 1961, Pub. L. 87-293, title II, § 202(a)(4), 75 Stat. 626; July 30, 1965, Pub. L. 89-97, title I, § 107, title III, § 313(e)(1), 79 Stat. 337, 384; Jan. 2, 1968, Pub. L. 90-248, title V, § 502(c)(1), (2), 81 Stat. 934; Dec. 30, 1969, Pub. L. 91-172, title VIII, § 805(f)(2), 83 Stat. 708; Oct. 30, 1972, Pub. L. 92-603, title II, § 293(a)-(c), 86 Stat. 1459; Sept. 2, 1974, Pub. L. 93-406, title II, § 1022(k), 88 Stat. 943; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(a)(5), (b)(13)(A), 90 Stat. 1824, 1834; Dec. 20, 1977, Pub. L. 95-216, title III, § 317(b)(3), 91 Stat. 1540; Nov. 6, 1978, Pub. L. 95-600, title I, § 105(c), 92 Stat. 2776; Dec. 24, 1980, Pub. L. 96-601, § 4(e), 94 Stat. 3497; Sept. 3, 1982, Pub. L. 97-248, title III, §§ 307(a)(7), 308(a), 96 Stat. 589, 591; Oct. 25, 1982, Pub. L. 97-362, title I, § 107(a), 96 Stat. 1731.)

REFERENCES IN TEXT

The Peace Corps Act, referred to in subsec. (a), is Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse.

For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 22 and Tables.

The Social Security Act, referred to in subsecs. (c) and (e)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act is classified to part A (§ 1395c et seq.) of subchapter XVIII of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

AMENDMENTS

1982-Subsec. (a). Pub. L. 97-362 substituted "within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31" for "on the day on which the last payment of remuneration is made".

Subsec. (f)(1)(A). Pub. L. 97-248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, subsec. (f)(1)(A) is amended by inserting "subchapter A of" before "chapter 24". Section 102(a), (b) of Pub. L. 98-67, title I. Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301-308) of title III of Pub. L. 97-248 as of the close of June 30, 1983, and provided that the Internal Revenue Code (this title) shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.

1980-Subsec. (f). Pub. L. 96-601 added subsec. (f). 1978-Subsec. (a)(7). Pub. L. 95-600 added par. (7). 1977-Subsec. (a). Pub. L. 95-216 directed that the amounts required to be shown by par. (5) shall not include wages which are exempted pursuant to sections 3101(c) and 3111(c) from the taxes imposed by sections 3101 and 3111.

1976-Subsec. (a). Pub. L. 94-455, § 1906(a)(5), struck out "and" at the end of par. (6), necessitating no change in text, due to Pub. L. 92-603, which made the identical amendment in 1972.

Subsecs. (c), (d). Pub. L. 94-455, § 1906(b)(13)(A), struck out "or his delegate" following "Secretary" wherever appearing.

1974-Subsec. (a). Pub. L. 93-406 inserted "or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash," following "exemption.".

1972-Subsec. (a). Pub. L. 92-603, § 293(a), struck out reference to section 3201 of this title in the introductory matter, par. (7), which required the written statement to contain the total amount of compensation with respect to which the tax imposed by section 3201 was deducted, and par. (8), which required the written statement to contain the total amount deducted as tax under section 3201.

Subsec. (c). Pub. L. 92-603, § 293(b), struck out reference to section 3201 of this title.

Subsec. (e). Pub. L. 92-603, § 293(c), added subsec.

(e).

1969-Subsec. (a). Pub. L. 91-172 inserted "(determined without regard to subsection (n))" after "withhold a tax under section 3402" in the material preceding par. (1).

1968-Subsec. (a). Pub. L. 90-248, § 502(c)(1), included reference to section 3201 in the text prec. par. (1) and added pars. (7) and (8).

Subsec. (c). Pub. L. 90-248, § 502(c)(2), included reference to section 3201 in the second sentence.

1965-Subsec. (a). Pub. L. 89-97, § 313(e)(1), added final sentence providing for inclusion of tips received by an employee in the course of his employment.

Subsec. (c). Pub. L. 89-97, § 107, required the statements to show the proportion of the total amount withheld as tax under section 3101 which is for financ

ing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act.

1961-Subsec. (a). Pub. L. 87-293 provided a special rule with respect to the information to be contained an employees' tax receipts in the case of remuneration paid to volunteers and volunteer leaders in the Peace Corps.

1956-Subsec. (a). Act Aug. 1, 1956, § 412(a), added provisions prescribing contents of statement in the case of compensation paid for service as a member of the uniformed services.

Subsec. (b). Act Aug. 1, 1956, § 412(b), required the furnishing of a statement if during the calendar year any amount was required to be withheld as tax under section 3101 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 107(b) of Pub. L. 97-362 provided that: "The amendments made by this section [amending subsec. (a) of this section] shall apply with respect to employees whose employment is terminated after the date of the enactment of this Act [Oct. 25, 1982]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-601 applicable to payments made on or after the first day of the first calendar month beginning more than 120 days after Dec. 24, 1980, see section 4(f) of Pub. L. 96-601, set out as a note under section 3402 of this title.

EFFECTIVE DATE OF 1978 Amendment

Amendment by Pub. L. 95-600 effective with respect to remuneration paid after June 30, 1979, see section 105(g)(2) of Pub. L. 95-600, set out as an Effective Date note under section 3507 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-406 applicable to plan years to which part I of subtitle A of title II of Pub. L. 93-406 applies, see section 1024 of Pub. L. 93-406, set out as an Effective Date of 1974 Amendment note under section 401 of this title. For description of the plan years to which part I applies, see section 1017 of Pub. L. 93-406, set out as an Effective Date; Transitional Rules note under section 410 of this title.

EFFECTIVE DATE OF 1972 Amendment

Section 293(d) of Pub. L. 92-603 provided that: "The amendments made by this section [amending this section] shall apply in respect to remuneration paid after December 31, 1971."

EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-172 applicable to wages paid after Apr. 30, 1970, see section 805(h) of Pub. L. 91-172, set out as a note under section 3402 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 502(c)(3) of Pub. L. 90-248 provided that: "The amendments made by paragraphs (1) and (2) [amending subsecs. (a) and (c) of the section] shall apply in respect of remuneration paid after December 31, 1967."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment of subsec. (a) by section 313 of Pub. L. 89-97 applicable only with respect to tips received by employees after 1965, see section 313(f) of Pub. L. 89-97, set out as an Effective Date note under section 6053 of this title.

EFFECTIVE DATE OF 1961 Amendment Amendment by Pub. L. 87-293 applicable with respect to service performed after Sept. 22, 1961, but in the case of persons serving under the Peace Corps agency established by executive order applicable with respect to service performed on or after the effective

date of enrollment, see section 202(c) of Pub. L. 87-293, set out as a note under section 3121 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 1, 1956, effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.

REPEALS; AMENDMENTS AND APPLICATION OF
AMENDMENTS UNAFFECTED

Section 202(a)(4) of Pub. L. 87-293, cited as a credit to this section, was repealed by Pub. L. 89-572, § 5(a), Sept. 13, 1966, 80 Stat. 765. Such repeal not deemed to affect amendments to this section contained in such provisions, and continuation in full force and effect until modified by appropriate authority of all determinations, authorization, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the repealed provisions, see section 5(b) of Pub. L. 89-572, set out as a note under section 2515 of Title 22, Foreign Relations and Intercourse.

CROSS REFERENCES

Failure to file income tax return, additions to tax for, see section 6652 of this title.

Fraudulent statement or failure to furnish statement to employee, see sections 6674, 7204 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3509, 6040, 6041A, 6053, 6314, 6652, 6674, 6678, 7204 of this title. § 6052. Returns regarding payment of wages in the form of group-term life insurance

(a) Requirement of reporting

Every employer who during any calendar year provides group-term life insurance on the life of an employee during part or all of such calendar year under a policy (or policies) carried directly or indirectly by such employer shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the cost of such insurance and the name and address of the employee on whose life such insurance is provided, but only to the extent that the cost of such insurance is includible in the employee's gross income under section 79(a). For purposes of this section, the extent to which the cost of group-term life insurance is includible in the employee's gross income under section 79(a) shall be determined as if the employer were the only employer paying such employee remuneration in the form of such insurance.

(b) Statements to be furnished to employees with respect to whom information is furnished

Every employer making a return under subsection (a) shall furnish to each employee whose name is set forth in such return a written statement showing the cost of the groupterm life insurance shown on such return. The written statement required under the preceding sentence shall be furnished to the employee on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.

(Added Pub. L. 88-272, title II, § 204(c)(1), Feb. 26, 1964, 78 Stat. 37, and amended Pub. L. 94-455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

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