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26 U.S.C. § 3405 — Special rules for pensions, annuities, and certain other deferred income

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3405 — Special rules for pensions, annuities, and certain other deferred income

**(a) Periodic payments** (1) **Withholding as if payment were wages** — The payor of any periodic payment (as defined in subsection (e)(2)) shall withhold from such payment the amount which would be required to be withheld from such payment if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (2) **Election of no withholding** — An individual may elect to have paragraph (1) not apply with respect to periodic payments made to such individual. Such an election shall remain in effect until revoked by such individual. (3) **When election takes effect** — Any election under this subsection (and any revocation of such an election) shall take effect as provided by subsection (f)(3) of section 3402 for withholding allowance certificates. (4) **Amount withheld where no withholding allowance certificate in effect** — In the case of any payment with respect to which a withholding allowance certificate is not in effect, the amount withheld under paragraph (1) shall be determined under rules prescribed by the Secretary. **(b) Nonperiodic distribution** (1) **Withholding** — The payor of any nonperiodic distribution (as defined in subsection (e)(3)) shall withhold from such distribution an amount equal to 10 percent of such distribution. (2) **Election of no withholding** (A) *In general* — An individual may elect not to have paragraph (1) apply with respect to any nonperiodic distribution. (B) *Scope of election* — An election under subparagraph (A)— (i) except as provided in clause (ii), shall be on a distribution-by-distribution basis, or (ii) to the extent provided in regulations, may apply to subsequent nonperi­odic distributions made by the payor to the payee under the same arrangement. **(c) Eligible

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Source file: Laws/federal/codes/united-states-code/title-26/section-3405-special-rules-for-pensions-annuities-and-certain-other-deferred-income--0e094849c5.md
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Source location: Title 26, Chapter 24, § 3405; chapter-024-collection-of-income-tax-at-source-on-wages.md

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**(a) Periodic payments** (1) **Withholding as if payment were wages** — The payor of any periodic payment (as defined in subsection (e)(2)) shall withhold from such payment the amount which would be required to be withheld from such payment if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (2) **Election of no withholding** — An individual may elect to have paragraph (1) not apply with respect to periodic payments made to such individual. Such an election shall remain in effect until revoked by such individual. (3) **When election takes effect** — Any election under this subsection (and any revocation of such an election) shall take effect as provided by subsection (f)(3) of section 3402 for withholding allowance certificates. (4) **Amount withheld where no withholding allowance certificate in effect** — In the case of any payment with respect to which a withholding allowance certificate is not in effect, the amount withheld under paragraph (1) shall be determined under rules prescribed by the Secretary. **(b) Nonperiodic distribution** (1) **Withholding** — The payor of any nonperiodic distribution (as defined in subsection (e)(3)) shall withhold from such distribution an amount equal to 10 percent of such distribution. (2) **Election of no withholding** (A) *In general* — An individual may elect not to have paragraph (1) apply with respect to any nonperiodic distribution. (B) *Scope of election* — An election under subparagraph (A)— (i) except as provided in clause (ii), shall be on a distribution-by-distribution basis, or (ii) to the extent provided in regulations, may apply to subsequent nonperi­odic distributions made by the payor to the payee under the same arrangement. **(c) Eligible rollover distributions** (1) **In general** — In the case of any designated distribution which is an eligible rollover distribution— (A) subsections (a) and (b) shall not apply, and (B) the payor of such distribution shall withhold from such distribution an amount equal to 20 percent of such distribution. (2) **Exception** — Paragraph (1)(B) shall not apply to any distribution if the distributee elects under section 401(a)(31)(A) to have such distribution paid directly to an eligible retirement plan. (3) **Eligible rollover distribution** — For purposes of this subsection, the term “eligible rollover distribution” has the meaning given such term by section 402(f)(2)(A). **(d) Liability for withholding** (1) **In general** — Except as provided in paragraph (2), the payor of a designated distribution (as defined in subsection (e)(1)) shall withhold, and be liable for, payment of the tax required to be withheld under this section. (2) **Plan administrator liable in certain cases** (A) *In general* — In the case of any plan to which this paragraph applies, paragraph (1) shall not apply and the plan administrator shall withhold, and be liable for, payment of the tax unless the plan administrator— (i) directs the payor to withhold such tax, and (ii) provides the payor with such information as the Secretary may require by regulations. (B) *Plans to which paragraph applies* — This paragraph applies to any plan described in, or which at any time has been determined to be described in— (i) section 401(a), (ii) section 403(a), (iii) section 301(d) of the Tax Reduction Act of 1975, or (iv) section 457(b) and which is maintained by an eligible employer described in section 457(e)(1)(A). **(e) Definitions and special rules** For purposes of this section— (1) **Designated distribution** (A) *In general* — Except as provided in subparagraph (B), the term “designated distribution” means any distribution or payment from or under— (i) an employer deferred compensation plan, (ii) an individual retirement plan (as defined in section 7701(a)(37)), or (iii) a commercial annuity. (B) *Exceptions* — The term “designated distribution” shall not include— (i) any amount which is wages without regard to this section, (ii) the portion of a distribution or payment which it is reasonable to believe is not includible in gross income, and (iii) any amount which is subject to withholding under subchapter A of chapter 3 (relating to withholding of tax on nonresident aliens and foreign corporations) by the person paying such amount or which would be so subject but for a tax treaty, or (iv) any distribution described in section 404(k)(2). For purposes of clause (ii), any distribution or payment from or under an individual retirement plan (other than a Roth IRA) shall be treated as includible in gross income. (2) **Periodic payment** — The term “periodic payment” means a designated distribution which is an annuity or similar periodic payment. (3) **Nonperiodic distribution** — The term “nonperiodic distribution” means any designated distribution which is not a periodic payment. (4) **Repealed. Pub. L. 102–318, title V, § 521(b)(38), July 3, 1992, 106 Stat. 312]** (5) **Employer deferred compensation plan** — The term “employer deferred compensation plan” means any pension, annuity, profit-sharing, or stock bonus plan or other plan deferring the receipt of compensation. (6) **Commercial annuity** — The term “commercial annuity” means an annuity, endowment, or life insurance contract issued by an insurance company licensed to do business under the laws of any State. (7) **Plan administrator** — The term “plan administrator” has the meaning given such term by section 414(g). (8) **Maximum amount withheld** — The maximum amount to be withheld under this section on any designated distribution shall not exceed the sum of the amount of money and the fair market value of other property (other than securities of the employer corporation) received in the distribution. No amount shall be required to be withheld under this section in the case of any designated distribution which consists only of securities of the employer corporation and cash (not in excess of $200) in lieu of financial shares. For purposes of this paragraph, the term “securities of the employer corporation” has the meaning given such term by section 402(e)(4)(E). (9) **Separate arrangements to be treated separately** — If the payor has more than 1 arrangement under which designated distributions may be made to any individual, each such arrangement shall be treated separately. (10) **Time and manner of election** (A) *In general* — Any election and any revocation under this section shall be made at such time and in such manner as the Secretary shall prescribe. (B) *Payor required to notify payee of rights to elect* (i) *Periodic payments* — The payor of any periodic payment— (I) shall transmit to the payee notice of the right to make an election under subsection (a) not earlier than 6 months before the first of such payments and not later than when making the first of such payments, (II) if such a notice is not transmitted under subclause (I) when making such first payment, shall transmit such a notice when making such first payment, and (III) shall transmit to payees, not less frequently than once each calendar year, notice of their rights to make elections under subsection (a) and to revoke such elections. (ii) *Nonperiodic distributions* — The payor of any nonperiodic distribution shall transmit to the payee notice of the right to make any election provided in subsection (b) at the time of the distribution (or at such earlier time as may be provided in regulations). (iii) *Notice* — Any notice transmitted pursuant to this subparagraph shall be in such form and contain such information as the Secretary shall prescribe. (11) **Withholding includes deduction** — The terms “withholding”, “withhold”, and “withheld” include “deducting”, “deduct”, and “deducted”. (12) **Failure to provide correct TIN** — If— (A) a payee fails to furnish his TIN to the payor in the manner required by the Secretary, or (B) the Secretary notifies the payor before any payment or distribution that the TIN furnished by the payee is incorrect, no election under subsection (a)(2) or (b)(2) shall be treated as in effect and subsection (a)(4) shall not apply to such payee. (13) **Election may not be made with respect to certain payments outside the United States or its possessions** (A) *In general* — Except as provided in subparagraph (B), in the case of any periodic payment or nonperiodic distribution which is to be delivered outside of the United States and any possession of the United States, no election may be made under subsection (a)(2) or (b)(2) with respect to such payment. (B) *Exception* — Subparagraph (A) shall not apply if the recipient certifies to the payor, in such manner as the Secretary may prescribe, that such person is not— (i) a United States citizen or a resident alien of the United States, or (ii) an individual to whom section 877 applies. **(f) Withholding to be treated as wage withholding under section 3402 for other purposes** For purposes of this chapter (and so much of subtitle F as relates to this chapter)— (1) any designated distribution (whether or not an election under this section applies to such distribution) shall be treated as if it were wages paid by an employer to an employee with respect to which there has been withholding under section 3402, and (2) in the case of any designated distribution not subject to withholding under this section by reason of an election under this section, the amount withheld shall be treated as zero.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 46 — Amount of credit

For purposes of section 38, the amount of the investment credit determined under this section for any taxable year shall be the sum of— (1) the rehabilitation credit, (2) the energy credit, (3) the qualifying advanced coal project credit, (4) the qualifying gasification project credit, (5) the qualifying advanced energy project credit, (6) the advanced manufacturing investment credit, and (7) the clean electricity investment credit.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 402 — Taxability of beneficiary of employees’ trust

**(a) Taxability of beneficiary of exempt trust** Except as otherwise provided in this section, any amount actually distributed to any distributee by any employees’ trust described in section 401(a) which is exempt from tax under section 501(a) shall be taxable to the distributee, in the taxable year of the distributee in which distributed, under section 72 (relating to annuities). **(b) Taxability of beneficiary of nonexempt trust** (1) **Contributions** — Contributions to an employees’ trust made by an employer during a taxable year of the employer which ends with or within a taxable year of the trust for which the trust is not exempt from tax under section 501(a) shall be included in the gross income of the employee in accordance with section 83 (relating to property transferred in connection with performance of services), except that the value of the employee’s interest in the trust shall be substituted for the fair market value of the property for purposes of applying such section. (2) **Distributions** — The amount actually distributed or made available to any distributee by any trust described in paragraph (1) shall be taxable to the distributee, in the taxable year in which so distributed or made available, under section 72 (relating to annuities), except that distributions of income of such trust before the annuity starting date (as defined in section 72(c)(4)) shall be included in the gross income of the employee without regard to section 72(e)(5) (relating to amounts not received as annuities). (3) **Grantor trusts** — A beneficiary of any trust described in paragraph (1) shall not be considered the owner of any portion of such trust under subpart E of part I of subchapter J (relating to grantors and others treated as substantial owners). (4) **Failure t

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 31 — Tax withheld on wages

**(a) Wage withholding for income tax purposes** (1) **In general** — The amount withheld as tax under chapter 24 shall be allowed to the recipient of the income as a credit against the tax imposed by this subtitle. (2) **Year of credit** — The amount so withheld during any calendar year shall be allowed as a credit for the taxable year beginning in such calendar year. If more than one taxable year begins in a calendar year, such amount shall be allowed as a credit for the last taxable year so beginning. **(b) Credit for special refunds of social security tax** (1) **In general** — The Secretary may prescribe regulations providing for the crediting against the tax imposed by this subtitle of the amount determined by the taxpayer or the Secretary to be allowable under section 6413(c) as a special refund of tax imposed on wages. The amount allowed as a credit under such regulations shall, for purposes of this subtitle, be considered an amount withheld at source as tax under section 3402. (2) **Year of credit** — Any amount to which paragraph (1) applies shall be allowed as a credit for the taxable year beginning in the calendar year during which the wages were received. If more than one taxable year begins in the calendar year, such amount shall be allowed as a credit for the last taxable year so beginning. **(c) Special rule for backup withholding** Any credit allowed by subsection (a) for any amount withheld under section 3406 shall be allowed for the taxable year of the recipient of the income in which the income is received.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 56 — Adjustments in computing alternative minimum taxable income

**(a) Adjustments applicable to all taxpayers** In determining the amount of the alternative minimum taxable income for any taxable year the following treatment shall apply (in lieu of the treatment applicable for purposes of computing the regular tax): (1) **Depreciation** (A) *In general* (i) *Property other than certain personal property* — Except as provided in clause (ii), the depreciation deduction allowable under section 167 with respect to any tangible property placed in service after December 31, 1986, shall be determined under the alternative system of section 168(g). In the case of property placed in service after December 31, 1998, the preceding sentence shall not apply but clause (ii) shall continue to apply. (ii) *150-percent declining balance method for certain property* — The method of depreciation used shall be— (I) the 150 percent declining balance method, (II) switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of the year will yield a higher allowance. The preceding sentence shall not apply to any section 1250 property (as defined in section 1250(c)) (and the straight line method shall be used for such section 1250 property) or to any other property if the depreciation deduction determined under section 168 with respect to such other property for purposes of the regular tax is determined by using the straight line method. (B) *Exception for certain property* — This paragraph shall not apply to property described in paragraph (1), (2), (3), or (4) of section 168(f), or in section 168(e)(3)(C)(iv). (C) *Coordination with transitional rules* (i) *In general* — This paragraph shall not apply to property pla

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26 U.S.C. § 643 — Definitions applicable to subparts A, B, C, and D

**(a) Distributable net income** For purposes of this part, the term “distributable net income” means, with respect to any taxable year, the taxable income of the estate or trust computed with the following modifications— (1) **Deduction for distributions** — No deduction shall be taken under sections 651 and 661 (relating to additional deductions). (2) **Deduction for personal exemption** — No deduction shall be taken under section 642(b) (relating to deduction for personal exemptions). (3) **Capital gains and losses** — Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Losses from the sale or exchange of capital assets shall be excluded, except to the extent such losses are taken into account in determining the amount of gains from the sale or exchange of capital assets which are paid, credited, or required to be distributed to any beneficiary during the taxable year. The exclusion under section 1202 shall not be taken into account. (4) **Extraordinary dividends and taxable stock dividends** — For purposes only of subpart B (relating to trusts which distribute current income only), there shall be excluded those items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting in good faith, does not pay or credit to any beneficiary by reason of his determination that such dividends are allocable to corpus under the terms of the governing instrument and applicable local law. (5) **Tax-exempt interest** — There shall be included any tax-exempt inter

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26 U.S.C. § 219 — Retirement savings

**(a) Allowance of deduction** In the case of an individual, there shall be allowed as a deduction an amount equal to the qualified retirement contributions of the individual for the taxable year. **(b) Maximum amount of deduction** (1) **In general** — The amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the lesser of— (A) the deductible amount, or (B) an amount equal to the compensation includible in the individual’s gross income for such taxable year. (2) **Special rule for employer contributions under simplified employee pensions** — This section shall not apply with respect to an employer contribution to a simplified employee pension. (3) **Plans under section 501(c)(18)** — Notwithstanding paragraph (1), the amount allowable as a deduction under subsection (a) with respect to any contributions on behalf of an employee to a plan described in section 501(c)(18) shall not exceed the lesser of— (A) $7,000, or (B) an amount equal to 25 percent of the compensation (as defined in section 415(c)(3)) includible in the individual’s gross income for such taxable year. (4) **Special rule for simple retirement accounts** — This section shall not apply with respect to any amount contributed to a simple retirement account established under section 408(p). (5) **Deductible amount** — For purposes of paragraph (1)(A)— (A) *In general* — The deductible amount is $5,000. (B) *Catch-up contributions for individuals 50 or older* (i) *In general* — In the case of an individual who has attained the age of 50 before the close of the taxable year, the deductible amount for such taxable year shall be increased by the applicable amount. (ii) *Applicable amount* — For purposes of clause (i), the app

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26 U.S.C. § 48 — Energy credit

**(a) Energy credit** (1) **In general** — For purposes of section 46, except as provided in paragraphs (1)(B), (2)(B), and (3)(B) of subsection (c), the energy credit for any taxable year is the energy percentage of the basis of each energy property placed in service during such taxable year. (2) **Energy percentage** (A) *In general* — Except as provided in paragraphs (6) and (7), the energy percentage is— (i) 6 percent in the case of— (I) qualified fuel cell property, (II) energy property described in clause (i) or (iii) of paragraph (3)(A) but only with respect to property the construction of which begins before January 1, 2025, (III) energy property described in paragraph (3)(A)(ii), (IV) qualified small wind energy property, (V) waste energy recovery property, (VI) energy storage technology, (VII) qualified biogas property, (VIII) microgrid controllers, and (IX) energy property described in clauses (v) and (vii) of paragraph (3)(A), and (ii) in the case of any energy property to which clause (i) does not apply, 0 percent. (B) *Coordination with rehabilitation credit* — The energy percentage shall not apply to that portion of the basis of any property which is attributable to qualified rehabilitation expenditures. (C) *Nonapplication of increases to energy percentage* — For purposes of energy property described in subparagraph (A)(ii), the energy percentage applicable to such property pursuant to such subparagraph shall not be increased or otherwise adjusted by any provision of this section. (3) **Energy property** — For purposes of this subpart, the term “energy property” means any property— (A) which is— (i) equipment which uses solar energy to generate electricity, to he

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26 U.S.C. § 6704 — Failure to keep records necessary to meet reporting requirements under section 6047(d)

**(a) Liability for penalty** Any person who— (1) has a duty to report or may have a duty to report any information under section 6047(d), and (2) fails to keep such records as may be required by regulations prescribed under section 6047(d) for the purpose of providing the necessary data base for either current reporting or future reporting, shall pay a penalty for each calendar year for which there is any failure to keep such records. **(b) Amount of penalty** (1) **In general** — The penalty of any person for any calendar year shall be $50, multiplied by the number of individuals with respect to whom such failure occurs in such year. (2) **Maximum amount** — The penalty under this section of any person for any calendar year shall not exceed $50,000. **(c) Exceptions** (1) **Reasonable cause** — No penalty shall be imposed by this section on any person for any failure which is shown to be due to reasonable cause and not to willful neglect. (2) **Inability to correct previous failure** — No penalty shall be imposed by this section on any failure by a person if such failure is attributable to a prior failure which has been penalized under this section and with respect to which the person has made all reasonable efforts to correct the failure. (3) **Pre-1983 failures** — No penalty shall be imposed by this section on any person for any failure which is attributable to a failure occurring before January 1, 1983, if the person has made all reasonable efforts to correct such pre-1983 failure.

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26 U.S.C. § 404 — Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan

**(a) General rule** If contributions are paid by an employer to or under a stock bonus, pension, profit-sharing, or annuity plan, or if compensation is paid or accrued on account of any employee under a plan deferring the receipt of such compensation, such contributions or compensation shall not be deductible under this chapter; but, if they would otherwise be deductible, they shall be deductible under this section, subject, however, to the following limitations as to the amounts deductible in any year: (1) **Pension trusts** (A) *In general* — In the taxable year when paid, if the contributions are paid into a pension trust (other than a trust to which paragraph (3) applies), and if such taxable year ends within or with a taxable year of the trust for which the trust is exempt under section 501(a), in the case of a defined benefit plan other than a multiemployer plan, in an amount determined under subsection (o), and in the case of any other plan in an amount determined as follows: (i) the amount necessary to satisfy the minimum funding standard provided by section 412(a) for plan years ending within or with such taxable year (or for any prior plan year), if such amount is greater than the amount determined under clause (ii) or (iii) (whichever is applicable with respect to the plan), (ii) the amount necessary to provide with respect to all of the employees under the trust the remaining unfunded cost of their past and current service credits distributed as a level amount, or a level percentage of compensation, over the remaining future service of each such employee, as determined under regulations prescribed by the Secretary, but if such remaining unfunded cost with respect to any 3 individuals is more than 50 percent of such remaining unfunded cost, the

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26 U.S.C. § 6047 — Information relating to certain trusts and annuity plans

**(a) Trustees and insurance companies** The trustee of a trust described in section 401(a) which is exempt from tax under section 501(a) to which contributions have been paid under a plan on behalf of any owner-employee (as defined in section 401(c)(3)), and each insurance company or other person which is the issuer of a contract purchased by such a trust, or purchased under a plan described in section 403(a), contributions for which have been paid on behalf of any owner-employee, shall file such returns (in such form and at such times), keep such records, make such identification of contracts and funds (and accounts within such funds), and supply such information, as the Secretary shall by forms or regulations prescribe. **(b) Owner-employees** Every individual on whose behalf contributions have been paid as an owner-employee (as defined in section 401(c)(3))— (1) to a trust described in section 401(a) which is exempt from tax under section 501(a), or (2) to an insurance company or other person under a plan described in section 403(a), shall furnish the trustee, insurance company, or other person, as the case may be, such information at such times and in such form and manner as the Secretary shall prescribe by forms or regulations. **(c) Other programs** To the extent provided by regulations prescribed by the Secretary, the provisions of this section apply with respect to any payment described in section 219 and to transactions of any trust described in section 408(a) or under an individual retirement annuity described in section 408(b). **(d) Reports by employers, plan administrators, etc.** (1) **In general** — The Secretary shall by forms or regulations require that— (A) the employer maintaining, or the plan administrator (within the meaning of section 414

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