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29 U.S.C. § 1203Procedures in connection with prohibited transactions

submitted 52 years ago by Pub. L. 93-406 to r/title-29-LABOR · 312 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires Treasury to notify and consult Labor about taxes on prohibited transactions, to investigate at Labor’s or PBGC’s written request, and to coordinate the departments’ rules. Labor must send Treasury information about certain violations.

(a) Unless tax collection is in jeopardy, Treasury must notify Labor before sending a deficiency notice for a tax under Code section 4975(a) or (b), and give Labor a chance to comment as section 4975(h) provides. Treasury may waive the section 4975(b) tax in appropriate cases. On Labor’s or PBGC’s written request, Treasury must investigate whether section 4975 tax should apply to the person named. (b) Treasury and Labor must consult periodically about section 4975 and this chapter’s prohibited-transaction and exemption rules so their standards are coordinated. (c) When Labor obtains information indicating that a party in interest or disqualified person is violating section 1106, Labor must send the information to Treasury.
the actual law source: uscode.house.gov ↗public domain
(a) Notification to Secretary of Labor; opportunity to comment on imposition of tax under section 4975 of title 26; waiver; requests for investigations

Unless the Secretary of the Treasury finds that the collection of a tax is in jeopardy, in carrying out the provisions of section 4975 of title 26 (relating to tax on prohibited transactions) the Secretary of the Treasury shall, in accordance with the provisions of subsection (h) of such section, notify the Secretary of Labor before sending a notice of deficiency with respect to the tax imposed by subsection (a) or (b) of such section, and, in accordance with the provisions of subsection (h) of such section, afford the Secretary an opportunity to comment on the imposition of the tax in any case. The Secretary of the Treasury shall have authority to waive the imposition of the tax imposed under section 4975(b) in appropriate cases. Upon receiving a written request from the Secretary of Labor or from the Pension Benefit Guaranty Corporation, the Secretary of the Treasury shall cause an investigation to be carried out with respect to whether the tax imposed by section 4975 of title 26 should be applied to any person referred to in the request.

(b) Consultation

The Secretary of the Treasury and the Secretary of Labor shall consult with each other from time to time with respect to the provisions of section 4975 of title 26 (relating to tax on prohibited transactions) and with respect to the provisions of subchapter I of this chapter relating to prohibited transactions and exemptions therefrom in order to coordinate the rules applicable under such standards.

(c) Transmission of information to Secretary of the Treasury

Whenever the Secretary of Labor obtains information indicating that a party-in-interest or disqualified person is violating section 1106 of this title, he shall transmit such information to the Secretary of the Treasury.

Source credit: (Pub. L. 93–406, title III, § 3003, Sept. 2, 1974, 88 Stat. 998; Pub. L. 101–239, title VII, § 7891(a)(1), Dec. 19, 1989, 103 Stat. 2445.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-406 · 88 Stat. 998
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2445

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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