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26 U.S.C. § 6044 — Returns regarding payments of patronage dividends

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

26 U.S.C. § 6044 — Returns regarding payments of patronage dividends

**(a) Requirement of reporting** (1) **In general** — Except as otherwise provided in this section, every cooperative to which part I of subchapter T of chapter 1 applies, which makes payments of amounts described in subsection (b) aggregating $10 or more to any person during any calendar year, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (2) **Returns required by the Secretary** — Every such cooperative which makes payments of amounts described in subsection (b) aggregating less than $10 to any person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid. **(b) Amounts subject to reporting** (1) **General rule** — Except as otherwise provided in this section, the amounts subject to reporting under subsection (a) are— (A) the amount of any patronage dividend (as defined in section 1388(a)) which is paid in money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation as defined in section 1388(d)), (B) any amount described in section 1382(c)(2)(A) (relating to certain nonpatronage distributions) which is paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) by an organization exempt from tax under section 521 (relating to exemption of farmers’ cooperatives from tax), (C) any amount described in section 1382(b)(2) (relating to redemption of nonqualified written notices of allocation) and, in the case of an organization described in

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Stable record: federal_law:legal_authorities:record_usc_b8ff346c40a81f27adb7691c
Source file: Laws/federal/codes/united-states-code/title-26/section-6044-returns-regarding-payments-of-patronage-dividends--774999492f.md
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Source location: Title 26, Chapter 61, § 6044; chapter-061-information-and-returns.md

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**(a) Requirement of reporting** (1) **In general** — Except as otherwise provided in this section, every cooperative to which part I of subchapter T of chapter 1 applies, which makes payments of amounts described in subsection (b) aggregating $10 or more to any person during any calendar year, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (2) **Returns required by the Secretary** — Every such cooperative which makes payments of amounts described in subsection (b) aggregating less than $10 to any person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid. **(b) Amounts subject to reporting** (1) **General rule** — Except as otherwise provided in this section, the amounts subject to reporting under subsection (a) are— (A) the amount of any patronage dividend (as defined in section 1388(a)) which is paid in money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation as defined in section 1388(d)), (B) any amount described in section 1382(c)(2)(A) (relating to certain nonpatronage distributions) which is paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) by an organization exempt from tax under section 521 (relating to exemption of farmers’ cooperatives from tax), (C) any amount described in section 1382(b)(2) (relating to redemption of nonqualified written notices of allocation) and, in the case of an organization described in section 1381(a)(1), any amount described in section 1382(c)(2)(B) (relating to redemption of nonqualified written notices of allocation paid with respect to earnings derived from sources other than patronage), and (D) the amount of any per-unit retain allocation (as defined in section 1388(f)) which is paid in qualified per-unit retain certificates (as defined in section 1388(h)), and (E) any amount described in section 1382(b)(4) (relating to redemption of nonqualified per-unit retain certificates). (2) **Exceptions** — The provisions of subsection (a) shall not apply, to the extent provided in regulations prescribed by the Secretary, to any payment— (A) by a foreign corporation, or (B) to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens. **(c) Exemption for certain consumer cooperatives** A cooperative which the Secretary determines is primarily engaged in selling at retail goods or services of a type that are generally for personal, living, or family use shall, upon application to the Secretary, be granted exemption from the reporting requirements imposed by subsection (a). Application for exemption under this subsection shall be made in accordance with regulations prescribed by the Secretary. **(d) Determination of amount paid** For purposes of this section, in determining the amount of any payment— (1) property (other than a qualified written notice of allocation or a qualified per-unit retain certificate) shall be taken into account at its fair market value, and (2) a qualified written notice of allocation or a qualified per-unit retain certificate shall be taken into account at its stated dollar amount. **(e) Statements to be furnished to persons with respect to whom information is required** Every cooperative required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing— (1) the name, address, and phone number of the information contact of the cooperative required to make such return, and (2) the aggregate amount of payments to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made and shall be in such form as the Secretary may prescribe by regulations.

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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. § 6042 — Returns regarding payments of dividends and corporate earnings and profits

**(a) Requirement of reporting** (1) **In general** — Every person— (A) who makes payments of dividends aggregating $10 or more to any other person during any calendar year, or (B) who receives payments of dividends as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the dividends so received, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (2) **Returns required by the Secretary** — Every person who makes payments of dividends aggregating less than $10 to any other person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments, and the name and address of the person to whom paid. **(b) Dividend defined** (1) **General rule** — For purposes of this section, the term “dividend” means— (A) any distribution by a corporation which is a dividend (as defined in section 316); and (B) any payment made by a stockbroker to any person as a substitute for a dividend (as so defined). (2) **Exceptions** — For purposes of this section, the term “dividend” does not include any distribution or payment— (A) to the extent provided in regulations prescribed by the Secretary— (i) by a foreign corporation, or (ii) to a foreign corporation, a nonresident alien, or a partnership not engaged in a trade or business in the United States and composed in whole or in part of nonresident aliens, or (B) except to the extent otherwise provided in regulations prescribed by the Secretary, to any person described in section 6049(b)(4). (3) **Special rule** — If the person making any payme

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

26 U.S.C. § 1382 — Taxable income of cooperatives

**(a) Gross income** Except as provided in subsection (b), the gross income of any organization to which this part applies shall be determined without any adjustment (as a reduction in gross receipts, an increase in cost of goods sold, or otherwise) by reason of any allocation or distribution to a patron out of the net earnings of such organization or by reason of any amount paid to a patron as a per-unit retain allocation (as defined in section 1388(f)). **(b) Patronage dividends and per-unit retain allocations** In determining the taxable income of an organization to which this part applies, there shall not be taken into account amounts paid during the payment period for the taxable year— (1) as patronage dividends (as defined in section 1388(a)), to the extent paid in money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation (as defined in section 1388(d))) with respect to patronage occurring during such taxable year; (2) in money or other property (except written notices of allocation) in redemption of a nonqualified written notice of allocation which was paid as a patronage dividend during the payment period for the taxable year during which the patronage occurred; (3) as per-unit retain allocations (as defined in section 1388(f)), to the extent paid in money, qualified per-unit retain certificates (as defined in section 1388(h)), or other property (except nonqualified per-unit retain certificates, as defined in section 1388(i)) with respect to marketing occurring during such taxable year; or (4) in money or other property (except per-unit retain certificates) in redemption of a nonqualified per-unit retain certificate which was paid as a per-unit retain allocation durin

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

26 U.S.C. § 6041 — Information at source

**(a) Payments exceeding threshold** All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section 6042(a)(1), 6044(a)(1), 6047(e), 6049(a), or 6050N(a) applies, and other than payments with respect to which a statement is required under the authority of section 6042(a)(2), 6044(a)(2), or 6045), of $2,000 or more in any calendar year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income (including a separate accounting of any such amounts reasonably designated as cash tips and the occupation described in section 224(d)(1) of the person receiving such tips and a separate accounting of any amount of qualified overtime compensation (as defined in section 225(c))), and the name and address of the recipient of such payment. **(b) Collection of foreign items** In the case of collections of items (not payable in the United States) of interest upon the bonds of foreign countries and interest upon the bonds of and dividends from foreign corporations by any person undertaking as a matter of business or for profit the collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange, such per

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

26 U.S.C. § 6721 — Failure to file correct information returns

**(a) Imposition of penalty** (1) **In general** — In the case of a failure described in paragraph (2) by any person with respect to an information return, such person shall pay a penalty of $250 for each return with respect to which such a failure occurs, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $3,000,000. (2) **Failures subject to penalty** — For purposes of paragraph (1), the failures described in this paragraph are— (A) any failure to file an information return with the Secretary on or before the required filing date, and (B) any failure to include all of the information required to be shown on the return or the inclusion of incorrect information. **(b) Reduction where correction in specified period** (1) **Correction within 30 days** — If any failure described in subsection (a)(2) is corrected on or before the day 30 days after the required filing date— (A) the penalty imposed by subsection (a) shall be $50 in lieu of $250, and (B) the total amount imposed on the person for all such failures during any calendar year which are so corrected shall not exceed $500,000. (2) **Failures corrected on or before August 1** — If any failure described in subsection (a)(2) is corrected after the 30th day referred to in paragraph (1) but on or before August 1 of the calendar year in which the required filing date occurs— (A) the penalty imposed by subsection (a) shall be $100 in lieu of $250, and (B) the total amount imposed on the person for all such failures during the calendar year which are so corrected shall not exceed $1,500,000. **(c) Exceptions for certain de minimis failures** (1) **Exception for de minimis failure to include all required information** — If— (A) an informatio

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

26 U.S.C. § 6044 — Returns regarding payments of patronage

Page 3359 TITLE 26—INTERNAL REVENUE CODE § 6044 101(k)(2)(B) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title. § 6043A. Returns relating to taxable mergers and acquisitions (a) In general According to the forms or regulations pre- scribed by the Secretary, the acquiring corpora- tion in any taxable acquisition shall make a re- turn setting forth— (1) a description of the acquisition, (2) the name and address of each shareholder of the acquired corporation who is required to recognize gain (if any) as a result of the acqui- sition, (3) the amount of money and the fair market value of other property transferred to each such shareholder as part of such acquisition, and (4) such other information as the Secretary may prescribe. To the extent provided by the Secretary, the re- quirements of this section applicable to the ac- quiring corporation shall be applicable to the acquired corporation and not to the acquiring corporation. (b) Nominees According to the forms or regulations pre- scribed by the Secretary: (1) Reporting Any person who holds stock as a nominee for another person shall furnish in the manner prescribed by the Secretary to such other per- son the information provided by the corpora- tion under subsection (d). (2) Reporting to nominees In the case of stock held by any person as a nominee, references in this section (other than in subsection (c)) to a shareholder shall be treated as a reference to the nominee. (c) Taxable acquisition For purposes of this section, the term ‘‘taxable acquisition’’ means any acquisition by a cor- poration of stock in or property of another cor- poration if any shareholder of the acquired cor- poration is required to recognize gain (if any) as a result of such acqu

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