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26 U.S.C. § 6039E — Information concerning resident status

submitted 40 years ago by Pub. L. 99-514 to r/title-26-INTERNAL-REVENUE-CODE · 332 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires certain passport and permanent-residence applicants to provide tax-related information. It imposes a penalty for noncompliance, requires agencies to transmit information, and permits exemptions.

(a) Despite other law, a person applying for a United States passport or renewal, or applying under immigration law for lawful permanent residence as an immigrant, must include with the application a statement containing (b)'s information. (b) The statement must include: (1) the taxpayer ID, if any; (2) for a passport applicant, each foreign country where the person lives; (3) for a permanent-residence applicant, whether the person had to file a chapter 1 tax return for the most recent three taxable years; and (4) other information the Secretary prescribes. (c) A person who fails to provide the statement owes $500 for each failure unless reasonable cause and no willful neglect are shown. (d) An agency collecting or required to collect the statement must give it to the Secretary and give the Secretary the name and identifying information of anyone refusing to comply. This does not require disclosure of information subject to section 245A of the Immigration and Nationality Act as then in effect. (e) Regulations may exempt a class of people if applying this section to them is unnecessary to its purposes.

the actual law source: uscode.house.gov ↗public domain
(a) General rule

Notwithstanding any other provision of law, any individual who—

(1)

applies for a United States passport (or a renewal thereof), or

(2)

applies to be lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws,

shall include with any such application a statement which includes the information described in subsection (b).

(b) Information to be provided

Information required under subsection (a) shall include—

(1)

the taxpayer’s TIN (if any),

(2)

in the case of a passport applicant, any foreign country in which such individual is residing,

(3)

in the case of an individual seeking permanent residence, information with respect to whether such individual is required to file a return of the tax imposed by chapter 1 for such individual’s most recent 3 taxable years, and

(4)

such other information as the Secretary may prescribe.

(c) Penalty

Any individual failing to provide a statement required under subsection (a) shall be subject to a penalty equal to $500 for each such failure, unless it is shown that such failure is due to reasonable cause and not to willful neglect.

(d) Information to be provided to Secretary

Notwithstanding any other provision of law, any agency of the United States which collects (or is required to collect) the statement under subsection (a) shall—

(1)

provide any such statement to the Secretary, and

(2)

provide to the Secretary the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a).

Nothing in the preceding sentence shall be construed to require the disclosure of information which is subject to section 245A of the Immigration and Nationality Act (as in effect on the date of the enactment of this sentence).

(e) Exemption

The Secretary may by regulations exempt any class of individuals from the requirements of this section if he determines that applying this section to such individuals is not necessary to carry out the purposes of this section.

Source credit: (Added Pub. L. 99–514, title XII, § 1234(a)(1), Oct. 22, 1986, 100 Stat. 2565; amended Pub. L. 100–647, title I, § 1012(o), Nov. 10, 1988, 102 Stat. 3515.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-514 · 100 Stat. 2565
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3515

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-514 on 1986-10-22.

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