26 U.S.C. § 6058 — Information required in connection with certain plans of deferred compensation
submitted 52 years ago by Pub. L. 93-406 to r/title-26-INTERNAL-REVENUE-CODE · 388 words · no verdicts yet
Employers or plan administrators must file annual information about certain funded deferred-compensation plans. Special rules cover plan mergers, individual retirement plans, and 403(b) multiple-employer plans.
(a) An employer maintaining a pension, annuity, stock* bonus, profit-sharing, or other funded deferred-compensation plan described in part I of subchapter D of chapter 1, or its plan administrator under section 414(g), must file an annual return with information the Secretary* requires about the plan’s qualification, finances, and operations. The Secretary may excuse the employer from repeating information reported elsewhere. (b) At least 30 days before a covered plan merges, consolidates, or transfers assets or liabilities to another plan, its administrator must file an actuarial valuation statement showing compliance with section 401(a)(12). (c) "Employer" includes a person described in section 401(c)(4) and a person who establishes an individual retirement plan*. This section does not define those terms. (d) Such an individual need not file for a year with no special IRP tax and no activity other than contributions, excluding rollovers, and distributions. (e) "Special IRP tax" means a tax under section 4973 or 4974. (f) Covered 403(b) multiple-employer annuity plans are treated as one plan. (g) Penalties are in section 6652(e), and Treasury-Labor coordination is in ERISA title III, section 3004.
Every employer who maintains a pension, annuity, stock* bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary* may by regulations prescribe with respect to the qualification, financial conditions, and operations of the plan; except that, in the discretion of the Secretary, the employer may be relieved from stating in its return any information which is reported in other returns.
Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12).
For purposes of this section, the term “employer” includes a person described in section 401(c)(4) and an individual who establishes an individual retirement plan*.
An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year* for which there is—
no special IRP tax, and
no plan activity other than—
the making of contributions (other than rollover contributions), and
the making of distributions.
For purposes of this section, the term “special IRP tax” means a tax imposed by—
section 4973, or
In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.
For provisions relating to penalties for failure to file a return required by this section, see section 6652(e).
For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee* Retirement Income Security Act of 1974.
Source credit: (Added Pub. L. 93–406, title II, § 1031(a), Sept. 2, 1974, 88 Stat. 945; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–600, title I, § 157(k)(1), Nov. 6, 1978, 92 Stat. 2809; Pub. L. 98–369, div. A, title IV, § 491(d)(48), July 18, 1984, 98 Stat. 852; Pub. L. 99–514, title XV, § 1501(d)(1)(D), Oct. 22, 1986, 100 Stat. 2740; Pub. L. 115–141, div. U, title IV, § 401(a)(264), Mar. 23, 2018, 132 Stat. 1197; Pub. L. 117–328, div. T, title I, § 106(c), Dec. 29, 2022, 136 Stat. 5287.)
- 1974Enacted · Pub. L. 93-406 · 88 Stat. 945
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
- 1978Amended · Pub. L. 95-600 · 92 Stat. 2809
- 1984Amended · Pub. L. 98-369 · 98 Stat. 852
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2740
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1197
- 2022Amended · Pub. L. 117-328 · 136 Stat. 5287
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-406 on 1974-09-02.
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