26 U.S.C. § 6045B — Returns relating to actions affecting

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