26 U.S.C. § 6045A — Information required in connection with

Page 3365 TITLE 26—INTERNAL REVENUE CODE § 6045A EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–486, title XIX, § 1939(b), Oct. 24, 1992, 106 Stat. 3034, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to transactions after December 31, 1992.’’ EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title I, § 1015(e)(1)(B), Nov. 10, 1988, 102 Stat. 3570, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take ef- fect as if included in the amendments made by section 311(a)(1) of the Tax Equity and Fiscal Responsibility Act of 1982 [Pub. L. 97–248].’’ Pub. L. 100–647, title I, § 1015(e)(2)(B), Nov. 10, 1988, 102 Stat. 3570, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take ef- fect on the date of the enactment of this Act [Nov. 10, 1988].’’ Amendment by section 1015(e)(3) of Pub. L. 100–647 ef- fective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under sec- tion 1 of this title. Amendment by section 4005(g)(3) of Pub. L. 100–647 ap- plicable to financing provided, and mortgage credit cer- tificates issued, after Dec. 31, 1990, with certain excep- tions, see section 4005(h)(3) of Pub. L. 100–647, set out as a note under section 143 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1501(c)(4) of Pub. L. 99–514 ap- plicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L. 99–514, set out as an Effective Date note under section 6721 of this title. Pub. L. 99–514, title XV, § 1521(c), Oct. 22, 1986, 100 Stat. 2747, provided that: ‘‘The amendments made by this section [amending this section and section 3406 of this title] shall apply to real estate transactions clos- ing after December 31, 1986.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. A, title I, § 150(b), July 18, 1984, 98 Stat. 690, provided that: ‘‘The amendment made by this section [amending this section] shall apply to pay- ments received after December 31, 1984.’’ Amendment by section 714(e)(1) of Pub. L. 98–369 ef- fective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97–248, to which such amendment relates, see section 715 of Pub. L. 98–369, set out as a note under section 31 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–248, title III, § 311(c)(1), Sept. 3, 1982, 96 Stat. 601, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘The amendments made by subsection (a) [amending this section and section 6678 of this title] shall take effect on the date of the en- actment of this Act [Sept. 3, 1982], except that— ‘‘(A) regulations relating to reporting by commod- ities and securities brokers shall be issued under sec- tion 6045 of the Internal Revenue Code of 1986 [for- merly I.R.C. 1954] (as amended by this Act) within 6 months after the date of the enactment of this Act [Sept. 3, 1982], and ‘‘(B) such regulations shall not apply to trans- actions occurring before January 1, 1983.’’ RULE OF CONSTRUCTION Pub. L. 117–58, div. H, title VI, § 80603(d), Nov. 15, 2021, 135 Stat. 1341, provided that: ‘‘Nothing in this section [amending this section and sections 6045A, 6050I, and 6724 of this title and enacting provisions set out as a note under this section] or the amendments made by this section shall be construed to create any inference, for any period prior to the effective date of such amendments [see section 80603(c) of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note above], with respect to— ‘‘(1) whether any person is a broker under section 6045(c)(1) of the Internal Revenue Code of 1986, or ‘‘(2) whether any digital asset is property which is a specified security under section 6045(g)(3)(B) of such Code.’’ NO PENALTY FOR PAYMENTS BEFORE JANUARY 1, 1985 Pub. L. 98–369, div. A, title VII, § 714(e)(2), July 18, 1984, 98 Stat. 961, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that no penalty for pay- ments made before Jan. 1, 1985, would be imposed with respect to any person required to file a return under this section, as amended by section 714(e)(1) of Pub. L. 98–369. § 6045A. Information required in connection with transfers of covered securities to brokers (a) Furnishing of information Every applicable person which transfers to a broker (as defined in section 6045(c)(1)) a covered security (as defined in section 6045(g)(3)) in the hands of such applicable person shall furnish to such broker a written statement in such manner and setting forth such information as the Sec- retary may by regulations prescribe for purposes of enabling such broker to meet the require- ments of section 6045(g). (b) Applicable person For purposes of subsection (a), the term ‘‘ap- plicable person’’ means— (1) any broker (as defined in section 6045(c)(1)), and (2) any other person as provided by the Sec- retary in regulations. (c) Time for furnishing statement Except as otherwise provided by the Sec- retary, any statement required by subsection (a) shall be furnished not later than 15 days after the date of the transfer described in such sub- section. (d) Return requirement for certain transfers of digital assets not otherwise subject to report- ing Any broker, with respect to any transfer (which is not part of a sale or exchange executed by such broker) during a calendar year of a cov- ered security which is a digital asset from an ac- count maintained by such broker to an account which is not maintained by, or an address not associated with, a person that such broker knows or has reason to know is also a broker, shall make a return for such calendar year, in such form as determined by the Secretary, showing the information otherwise required to be furnished with respect to transfers subject to subsection (a). (Added Pub. L. 110–343, div. B, title IV, § 403(c)(1), Oct. 3, 2008, 122 Stat. 3858; amended Pub. L. 117–58, div. H, title VI, § 80603(b)(2)(A), Nov. 15, 2021, 135 Stat. 1340.) Page 3366 TITLE 26—INTERNAL REVENUE CODE § 6045B Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 80603(b)(2)(A)(i), struck out ‘‘a security which is’’ after ‘‘section 6045(c)(1))’’. Subsec. (d). Pub. L. 117–58, § 80603(b)(2)(A)(ii), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 applicable to returns required to be filed, and statements required to be fur- nished, after Dec. 31, 2023, see section 80603(c) of Pub. L. 117–58, set out as a note under section 6045 of this title. EFFECTIVE DATE Section effective Jan. 1, 2011, see section 403(e)(1) of Pub. L. 110–343, set out as an Effective Date of 2008 Amendment note under section 1012 of this title. § 6045B. Returns relating to actions affecting basis of specified securities (a) In general According to the forms or regulations pre- scribed by the Secretary, any issuer of a speci- fied security shall make a return setting forth— (1) a description of any organizational action which affects the basis of such specified secu- rity of such issuer, (2) the quantitative effect on the basis of such specified security resulting from such ac- tion, and (3) such other information as the Secretary may prescribe. (b) Time for filing return Any return required by subsection (a) shall be filed not later than the earlier of— (1) 45 days after the date of the action de- scribed in subsection (a), or (2) January 15 of the year following the cal- endar year during which such action occurred. (c) Statements to be furnished to holders of spec- ified securities or their nominees According to the forms or regulations pre- scribed by the Secretary, every person required to make a return under subsection (a) with re- spect to a specified security shall furnish to the nominee with respect to the specified security (or certificate holder if there is no nominee) a written statement showing— (1) the name, address, and phone number of the information contact of the person required to make such return, (2) the information required to be shown on such return with respect to such security, and (3) such other information as the Secretary may prescribe. The written statement required under the pre- ceding sentence shall be furnished to the holder on or before January 15 of the year following the calendar year during which the action described in subsection (a) occurred. (d) Specified security For purposes of this section, the term ‘‘speci- fied security’’ has the meaning given such term by section 6045(g)(3)(B). No return shall be re- quired under this section with respect to actions described in subsection (a) with respect to a specified security which occur before the appli- cable date (as defined in section 6045(g)(3)(C)) with respect to such security. (e) Public reporting in lieu of return The Secretary may waive the requirements under subsections (a) and (c) with respect to a specified security, if the person required to make the return under subsection (a) makes publicly available, in such form and manner as the Secretary determines necessary to carry out the purposes of this section— (1) the name, address, phone number, and email address of the information contact of such person, and (2) the information described in paragraphs (1), (2), and (3) of subsection (a). (Added Pub. L. 110–343, div. B, title IV, § 403(d)(1), Oct. 3, 2008, 122 Stat. 3859.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2011, see section 403(e)(1) of Pub. L. 110–343, set out as an Effective Date of 2008 Amendment note under section 1012 of this title. § 6046. Returns as to organization or reorganiza- tion of foreign corporations and as to acqui- sitions of their stock (a) Requirement of return (1) In general A return complying with the requirements of subsection (b) shall be made by— (A) each United States citizen or resident who becomes an officer or director of a for- eign corporation if a United States person (as defined in section 7701(a)(30)) meets the stock ownership requirements of paragraph (2) with respect to such corporation, (B) each United States person— (i) who acquires stock which, when added to any stock owned on the date of such ac- quisition, meets the stock ownership re- quirements of paragraph (2) with respect to a foreign corporation, or (ii) who acquires stock which, without regard to stock owned on the date of such acquisition, meets the stock ownership re- quirements of paragraph (2) with respect to a foreign corporation, (C) each person (not described in subpara- graph (B)) who is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and (D) each person who becomes a United States person while meeting the stock own- ership requirements of paragraph (2) with re- spect to stock of a foreign corporation. In the case of a foreign corporation with re- spect to which any person is treated as a United States shareholder under section 953(c), subparagraph (A) shall be treated as including a reference to each United States person who is an officer or director of such corporation. (2) Stock ownership requirements A person meets the stock ownership require- ments of this paragraph with respect to any