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26 U.S.C. § 6050EState and local income tax refunds

submitted 44 years ago by Pub. L. 97-248 to r/title-26-INTERNAL-REVENUE-CODE · 282 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section applies when someone pays $10 or more in state or local tax refunds. The payer must report it to the IRS. The payer must also send the individual a written statement with the refund details. No statement is required if the person did not itemize deductions that year.

(a) Requirement of reporting. Suppose someone pays a person $10 or more in state or local income tax refunds during a calendar year. This includes tax credits or offsets. In that case, the payer must file a return with the Secretary. That return must state the total amount paid, credited, or offset. It must also give the name and address of the individual who received it. (b) Statements to be furnished to individuals with respect to whom information is required. Anyone who must file that return also has to send a written statement to each individual named in it. The statement must show the state or local government's name. It must also show the same refund information reported to the Secretary. It must be sent to the individual during January of the year after the refund year. No statement is required for someone who, under regulations, did not itemize deductions for the tax year that produced the refund. (c) Person defined. For this section, "person" means the officer or employee who controls paying out the refunds, credits, or offsets. It can also mean whoever else is designated for this purpose.

facts

- Codified at 26 U.S.C. § 6050E, titled "State and local income tax refunds," within the Internal Revenue Code. - Enacted by Pub. L. 97–248, title III, § 313(a), on September 3, 1982 (96 Stat. 603). - Comprises 282 words across three subsections: (a) reporting requirement, (b) statements to individuals, and (c) definition of "person." - Subsequently amended twice: by Pub. L. 98–369 (1984) and Pub. L. 99–514 (1986), totaling 3 amendments reflected in the source credit.
the actual law source: uscode.house.gov ↗public domain
(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 required

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

(1)

the name of the State or political subdivision thereof, and

(2)

the information required to be shown on the return with respect to 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 required to be made. No statement shall be required under this subsection with respect to any individual if it is determined (in the manner provided by regulations) that such individual did not claim itemized deductions under chapter 1 for the taxable year giving rise to the refund, credit, or offset.

(c) Person defined

For purposes of this section, the term “person” means the officer or employee having control of the payment of the refunds (or the allowance of the credits or offsets) or the person appropriately designated for purposes of this section.

Source credit: (Added Pub. L. 97–248, title III, § 313(a), Sept. 3, 1982, 96 Stat. 603; amended Pub. L. 98–369, div. A, title I, § 151(a), July 18, 1984, 98 Stat. 690; Pub. L. 99–514, title XV, § 1501(c)(8), Oct. 22, 1986, 100 Stat. 2738.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-248 · 96 Stat. 603
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 690
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2738
The record. According to the source credit, this section was added to the Internal Revenue Code by Public Law 97-248, title III, § 313(a), enacted September 3, 1982, and published at 96 Stat. 603. The credit indicates the section has since been amended twice: by Public Law 98-369, division A, title I, § 151(a), July 18, 1984, and by Public Law 99-514, title XV, § 1501(c)(8), October 22, 1986. These amendments suggest ongoing legislative refinement of the reporting requirements over the following four years, though the source credit does not detail the substance of each change. Historical context. Public Law 97-248 is commonly known as the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). TEFRA is generally understood to have been enacted amid concerns over federal revenue shortfalls and a desire to improve tax compliance, and it included a range of provisions expanding information-reporting requirements to reduce the "tax gap"—the difference between taxes owed and taxes actually collected. Information-reporting provisions of this kind are typically associated with efforts to give the Internal Revenue Service better means of verifying income and deductions claimed by taxpayers, in this instance state and local tax refunds that may affect the itemized deduction computation. Public Law 99-514, cited in the amendment history, is the Tax Reform Act of 1986, a major overhaul of the federal tax code; its amendment here likely reflects conforming or technical changes tied to that broader reform. The specific legislative purpose behind each individual amendment, however, is not established by the record supplied here.

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