26 U.S.C. § 6046A — Returns as to interests in foreign part-

Page 3368 TITLE 26—INTERNAL REVENUE CODE § 6046A Subsec. (c). Pub. L. 87–834 substituted provisions re- quiring, for purposes of subsec. (a), stock owned di- rectly or indirectly by a person (including, in the case of an individual, stock owned by members of his fam- ily) to be taken into account for provisions which de- fined ‘‘United States shareholder’’. Subsecs. (d) to (f). Pub. L. 87–834 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f) and in- serted a reference to section 6679 of this title. 1960—Pub. L. 86–780 substituted ‘‘Returns as to cre- ation or organization, or reorganization, of foreign cor- porations’’ for ‘‘Returns as to formation or reorganiza- tion of foreign corporations’’ in section catchline. Subsec. (a). Pub. L. 86–780 substituted requirement that returns relating to the creation, organization, or reorganization of foreign corporations be made by every citizen or resident of the United States who was an officer or director of the corporation at any time within 60 days after its creation, organization, or reor- ganization, and by every United States shareholder of the corporation owning at least 5 percent of its out- standing stock at any time within such 60 days for re- quirement that every attorney, accountant, fiduciary, bank, trust company, financial institution, or other person, who advises as to the formation or reorganiza- tion of a foreign corporation, file a return in accord- ance with regulations prescribed by the Secretary of the Treasury or his delegate. Subsec. (b). Pub. L. 86–780 reenacted the substance of subsec. (b), struck out ‘‘to the full extent of the infor- mation within the possession or knowledge or under the control of the person required to make the return’’ before ‘‘such information’’. Subsec. (c). Pub. L. 86–780 inserted the provisions de- fining United States shareholder and members of fam- ily and struck out provision relating to the making of a return by an attorney-at-law with respect to privi- leged communications. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–34, title XI, § 1146(b), Aug. 5, 1997, 111 Stat. 986, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on Janu- ary 1, 1998.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 effective, 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 section 1 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–248, title III, § 341(c), Sept. 3, 1982, 96 Stat. 635, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 6048 of this title] shall apply to returns filed after the date of the enactment of this Act [Sept. 3, 1982].’’ EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–834, § 20(e)(2), Oct. 16, 1962, 76 Stat. 1063, provided that: ‘‘The amendments made by subsection (b) [amending this section] shall take effect on January 1, 1963.’’ EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–780, § 8, Sept. 14, 1960, 74 Stat. 1016, provided that: ‘‘The amendments made by section 7 [amending this section] shall apply only with respect to foreign corporations created or organized, or reorganized, after the date of the enactment of this Act [Sept. 14, 1960].’’ § 6046A. Returns as to interests in foreign part- nerships (a) Requirement of return Any United States person, except to the ex- tent otherwise provided by regulations— (1) who acquires any interest in a foreign partnership, (2) who disposes of any portion of his inter- est in a foreign partnership, or (3) whose proportional interest in a foreign partnership changes substantially, shall file a return. Paragraphs (1) and (2) shall apply to any acquisition or disposition only if the United States person directly or indirectly holds at least a 10-percent interest in such part- nership either before or after such acquisition or disposition, and paragraph (3) shall apply to any change only if the change is equivalent to at least a 10-percent interest in such partnership. (b) Form and contents of return Any return required by subsection (a) shall be in such form and set forth such information as the Secretary shall by regulations prescribe. (c) Time for filing return Any return required by subsection (a) shall be filed on or before the 90th day (or on or before such later day as the Secretary may by regula- tions prescribe) after the day on which the United States person becomes liable to file such return. (d) 10-percent interest For purposes of subsection (a), a 10-percent in- terest in a partnership is an interest described in section 6038(e)(3)(C). (e) Cross reference For provisions relating to penalties for violations of this section, see sections 6679 and 7203. (Added Pub. L. 97–248, title IV, § 405(a), Sept. 3, 1982, 96 Stat. 669; amended Pub. L. 105–34, title XI, § 1143(a), Aug. 5, 1997, 111 Stat. 983.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–34, § 1143(a)(1), inserted at end ‘‘Paragraphs (1) and (2) shall apply to any acqui- sition or disposition only if the United States person directly or indirectly holds at least a 10-percent inter- est in such partnership either before or after such ac- quisition or disposition, and paragraph (3) shall apply to any change only if the change is equivalent to at least a 10-percent interest in such partnership.’’ Subsecs. (d), (e). Pub. L. 105–34, § 1143(a)(2), added sub- sec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–34, title XI, § 1143(c), Aug. 5, 1997, 111 Stat. 984, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 6679 of this title] shall apply to transfers and changes after the date of the enactment of this Act [Aug. 5, 1997].’’ EFFECTIVE DATE Pub. L. 97–248, title IV, § 407(b), Sept. 3, 1982, 96 Stat. 671, provided that: ‘‘The amendments made by section 405 [enacting this section and amending section 6679 of this title] shall apply with respect to acquisitions or dispositions of, or substantial changes in, interests in foreign partnerships occurring after the date of the en- actment of this Act [Sept. 3, 1982].’’ SPECIAL RULE FOR CERTAIN INTERNATIONAL SATELLITE PARTNERSHIPS For provision that this section is not applicable to certain international satellite partnerships, see section Page 3369 TITLE 26—INTERNAL REVENUE CODE § 6047 406 of Pub. L. 97–248, set out as a note under section 6231 of this title. § 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 insur- ance 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 re- turns (in such form and at such times), keep such records, make such identification of con- tracts and funds (and accounts within such funds), and supply such information, as the Sec- retary shall by forms or regulations prescribe. (b) Owner-employees Every individual on whose behalf contribu- tions 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 informa- tion at such times and in such form and manner as the Secretary shall prescribe by forms or reg- ulations. (c) Other programs To the extent provided by regulations pre- scribed by the Secretary, the provisions of this section apply with respect to any payment de- scribed in section 219 and to transactions of any trust described in section 408(a) or under an in- dividual 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 sec- tion 414(g)) of, a plan from which designated distributions (as defined in section 3405(e)(1)) may be made, and (B) any person issuing any contract under which designated distributions (as so de- fined) may be made, make returns and reports regarding such plan (or contract) to the Secretary, to the partici- pants and beneficiaries of such plan (or con- tract), and to such other persons as the Sec- retary may by regulations prescribe. No re- turn or report may be required under the pre- ceding sentence with respect to distributions to any person during any year unless such dis- tributions aggregate $10 or more. (2) Form, etc., of reports Such reports shall be in such form, made at such time, and contain such information as the Secretary may prescribe by forms or regu- lations. (e) Employee stock ownership plans The Secretary shall require— (1) any employer maintaining, or the plan administrator (within the meaning of section 414(g)) of, an employee stock ownership plan which holds stock with respect to which sec- tion 404(k) applies to dividends paid on such stock, or (2) both such employer or plan adminis- trator, to make returns and reports regarding such plan, transaction, or loan to the Secretary and to such other persons as the Secretary may pre- scribe. Such returns and reports shall be made in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. (f) Designated Roth contributions The Secretary shall require the plan adminis- trator of each applicable retirement plan (as de- fined in section 402A) to make such returns and reports regarding designated Roth contributions (as defined in section 402A) to the Secretary, participants and beneficiaries of the plan, and such other persons as the Secretary may pre- scribe. (g) Information relating to life insurance con- tract transactions This section shall not apply to any informa- tion which is required to be reported under sec- tion 6050Y. (h) Cross references (1) For provisions relating to penalties for failures to file returns and reports required under this sec- tion, see sections 6652(e), 6721, and 6722. (2) For criminal penalty for furnishing fraudulent information, see section 7207. (3) For provisions relating to penalty for failure to comply with the provisions of subsection (d), see section 6704. (4) For provisions requiring reporting of informa- tion relating to certain life insurance contract transactions, see section 6050Y. (Added Pub. L. 87–792, § 7(m)(1), Oct. 10, 1962, 76 Stat. 830; amended Pub. L. 93–406, title II, §§ 1031(c)(3), 2002(g)(8), Sept. 2, 1974, 88 Stat. 947, 970; Pub. L. 94–455, title XV, § 1501(b)(9), title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1737, 1834; Pub. L. 97–34, title III, § 311(h)(8), Aug. 13, 1981, 95 Stat. 282; Pub. L. 97–248, title III, § 334(b), Sept. 3, 1982, 96 Stat. 626; Pub. L. 97–448, title I, § 103(c)(12)(C), Jan. 12, 1983, 96 Stat. 2377; Pub. L. 98–369, div. A, title IV, § 491(d)(47), (57), July 18, 1984, 98 Stat. 852; Pub. L. 99–514, title XV, § 1501(d)(1)(D), title XVIII, § 1848(e)(2), Oct. 22, 1986, 100 Stat. 2740, 2857; Pub. L. 101–239, title VII, § 7301(e), Dec. 19, 1989, 103 Stat. 2349; Pub. L. 102–318, title V, § 522(b)(2)(D), (E), July 3, 1992, 106 Stat. 314; Pub. L. 104–188, title I, §§ 1455(b)(2), (d)(1), 1602(b)(6), Aug. 20, 1996, 110 Stat. 1818, 1834; Pub. L. 107–16, title VI, § 617(d)(2), June 7, 2001, 115 Stat. 106; Pub. L. 115–97, title I, § 13520(c)(2), Dec. 22, 2017, 131 Stat. 2151.) Editorial Notes AMENDMENTS 2017—Subsec. (g). Pub. L. 115–97, § 13520(c)(2)(B), added subsec. (g). Former subsec. (g) redesignated (h).