26 U.S.C. § 6034A — Information to beneficiaries of estates and trusts
submitted 42 years ago by Pub. L. 98-369 to r/title-26-INTERNAL-REVENUE-CODE · 575 words · no verdicts yet
This section requires estates and trusts that file returns to give certain information to beneficiaries and sets consistency rules for beneficiary returns. It also requires nominee reporting and provides a procedure for inconsistent information.
(a) The fiduciary* of an estate or trust required to file under section 6012(a) must, by the return's due date, give each beneficiary or nominee who receives a distribution or is allocated an item for the year a statement containing the return information the Secretary* requires. (b) A nominee holding an interest for someone else must give the estate or trust that person's name, address, and other required information, and must give that person the information the estate or trust supplied under (a). (c)(1) A beneficiary must treat each reported item on the beneficiary's return consistently with the estate's or trust's return. (2)(A) This rule does not apply to an item if the entity filed a return and the beneficiary's treatment is or may be inconsistent, or the entity did not file, and the beneficiary files a statement with the Secretary identifying the inconsistency. (B) A beneficiary who proves that the beneficiary's return matches the statement received under (a), and elects this rule, is treated as having identified the inconsistency. (3) If the entity filed a return and the beneficiary does not identify the inconsistency, an adjustment to make the returns consistent is treated as a mathematical or clerical error under section 6213(b)(1); section 6213(b)(2) does not apply. (4) “Reported item” means an item for which (a) requires information. “Applicable entity” means the estate or trust of which the taxpayer* is beneficiary. (5) Penalties for negligence or disregard are covered by part II of subchapter A of chapter 68.
The fiduciary* of any estate or trust required to file a return under section 6012(a) for any taxable year* shall, on or before the date on which such return was required to be filed, furnish to each beneficiary (or nominee thereof)—
who receives a distribution from such estate or trust with respect to such taxable year, or
to whom any item with respect to such taxable year is allocated,
a statement containing such information required to be shown on such return as the Secretary* may prescribe.
Any person who holds an interest in an estate or trust as a nominee for another person—
shall furnish to the estate or trust, in the manner prescribed by the Secretary, the name and address of such other person, and any other information for the taxable year as the Secretary may by form and regulations prescribe, and
shall furnish in the manner prescribed by the Secretary to such other person the information provided by the estate or trust under subsection (a).
A beneficiary of any estate or trust to which subsection (a) applies shall, on such beneficiary’s return, treat any reported item in a manner which is consistent with the treatment of such item on the applicable entity’s return.
In the case of any reported item, if—
the applicable entity has filed a return but the beneficiary’s treatment on such beneficiary’s return is (or may be) inconsistent with the treatment of the item on the applicable entity’s return, or
the applicable entity has not filed a return, and
the beneficiary files with the Secretary a statement identifying the inconsistency,
paragraph (1) shall not apply to such item.
A beneficiary shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a reported item if the beneficiary—
demonstrates to the satisfaction of the Secretary that the treatment of the reported item on the beneficiary’s return is consistent with the treatment of the item on the statement furnished under subsection (a) to the beneficiary by the applicable entity, and
elects to have this paragraph apply with respect to that item.
In any case—
described in subparagraph (A)(i)(I) of paragraph (2), and
in which the beneficiary does not comply with subparagraph (A)(ii) of paragraph (2),
any adjustment required to make the treatment of the items by such beneficiary consistent with the treatment of the items on the applicable entity’s return shall be treated as arising out of mathematical or clerical errors and assessed according to section 6213(b)(1). Paragraph (2) of section 6213(b) shall not apply to any assessment referred to in the preceding sentence.
For purposes of this subsection—
The term “reported item” means any item for which information is required to be furnished under subsection (a).
The term “applicable entity” means the estate or trust of which the taxpayer* is the beneficiary.
For addition to tax in the case of a beneficiary’s negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of chapter 68.
Source credit: (Added Pub. L. 98–369, div. A, title VII, § 714(q)(1), July 18, 1984, 98 Stat. 965; amended Pub. L. 99–514, title XV, § 1501(c)(15), title XVIII, § 1875(d)(3)(A), Oct. 22, 1986, 100 Stat. 2740, 2896; Pub. L. 105–34, title X, § 1027(a), Aug. 5, 1997, 111 Stat. 925.)
- 1984Enacted · Pub. L. 98-369 · 98 Stat. 965
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2740, 2896
- 1997Amended · Pub. L. 105-34 · 111 Stat. 925
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-369 on 1984-07-18.
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