26 U.S.C. § 6039H — Information with respect to Alaska Na-

Page 3349 TITLE 26—INTERNAL REVENUE CODE § 6039H Notwithstanding any other provision of law, not later than 30 days after the close of each cal- endar quarter, the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877(a) or 877A) with respect to whom the Secretary receives information under the preceding sentence during such quar- ter. (Added Pub. L. 104–191, title V, § 512(a), Aug. 21, 1996, 110 Stat. 2100, § 6039F; renumbered § 6039G, Pub. L. 105–34, title XVI, § 1602(h)(1), Aug. 5, 1997, 111 Stat. 1096; amended Pub. L. 108–357, title VIII, § 804(e), Oct. 22, 2004, 118 Stat. 1572; Pub. L. 110–245, title III, § 301(e), June 17, 2008, 122 Stat. 1646.) Editorial Notes REFERENCES IN TEXT Section 358 of the Immigration and Nationality Act, referred to in subsec. (d)(2), is classified to section 1501 of Title 8, Aliens and Nationality. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–245, § 301(e)(1), inserted ‘‘or 877A’’ after ‘‘section 877(b)’’. Subsec. (d). Pub. L. 110–245, § 301(e)(2), inserted ‘‘or 877A’’ after ‘‘section 877(a)’’ in concluding provisions. 2004—Subsec. (a). Pub. L. 108–357, § 804(e)(1), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Notwithstanding any other provision of law, any indi- vidual who loses United States citizenship (within the meaning of section 877(a)) shall provide a statement which includes the information described in subsection (b). Such statement shall be— ‘‘(1) provided not later than the earliest date of any act referred to in subsection (c), and ‘‘(2) provided to the person or court referred to in subsection (c) with respect to such act.’’ Subsec. (b). Pub. L. 108–357, § 804(e)(2), reenacted head- ing, introductory provisions, and pars. (1) to (4) without change, in par. (5), substituted ‘‘information detailing the income, assets, and liabilities of such individual,’’ for ‘‘in the case of an individual having a net worth of at least the dollar amount applicable under section 877(a)(2)(B), information detailing the assets and liabil- ities of such individual, and’’, added par. (6), and redes- ignated former par. (6) as (7). Subsec. (c). Pub. L. 108–357, § 804(e)(4), redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘For purposes of this section, the acts referred to in this subsection are— ‘‘(1) the individual’s renunciation of his United States nationality before a diplomatic or consular of- ficer of the United States pursuant to paragraph (5) of section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)(5)), ‘‘(2) the individual’s furnishing to the United States Department of State a signed statement of voluntary relinquishment of United States nationality con- firming the performance of an act of expatriation specified in paragraph (1), (2), (3), or (4) of section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)(1)–(4)), ‘‘(3) the issuance by the United States Department of State of a certificate of loss of nationality to the individual, or ‘‘(4) the cancellation by a court of the United States of a naturalized citizen’s certificate of natu- ralization.’’ Subsec. (d). Pub. L. 108–357, § 804(e)(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Pub. L. 108–357, § 804(e)(3), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘Any individual failing to provide a statement required under sub- section (a) shall be subject to a penalty for each year (of the 10-year period beginning on the date of loss of United States citizenship) during any portion of which such failure continues in an amount equal to the great- er of— ‘‘(1) 5 percent of the tax required to be paid under section 877 for the taxable year ending during such year, or ‘‘(2) $1,000, unless it is shown that such failure is due to reasonable cause and not to willful neglect.’’ Subsec. (e). Pub. L. 108–357, § 804(e)(4), redesignated subsec. (e) as (d). Subsec. (f). Pub. L. 108–357, § 804(e)(4), struck out heading and text of subsec. (f). Text read as follows: ‘‘In lieu of applying the last sentence of subsection (a), any individual who is required to provide a statement under this section by reason of section 877(e)(1) shall provide such statement with the return of tax imposed by chap- ter 1 for the taxable year during which the event de- scribed in such section occurs.’’ Subsec. (g). Pub. L. 108–357, § 804(e)(4), struck out heading and text of subsec. (g). Text read as follows: ‘‘The Secretary may by regulations exempt any class of individuals from the requirements of this section if he determines that applying this section to such individ- uals is not necessary to carry out the purposes of this section.’’ 1997—Pub. L. 105–34 renumbered section 6039F as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–245 applicable to any indi- vidual whose expatriation date is on or after June 17, 2008, see section 301(g)(1) of Pub. L. 110–245, set out as an Effective Date note under section 2801 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–357 applicable to individ- uals who expatriate after June 3, 2004, see section 804(f) of Pub. L. 108–357, set out as a note under section 877 of this title. EFFECTIVE DATE For special rule relating to application of this section to certain individuals who performed an act of expa- triation specified in section 1481(a)(1)–(4) of Title 8, Aliens and Nationality, before Feb. 6, 1995, see section 511(g)(3) of Pub. L. 104–191, set out as an Effective Date of 1996 Amendment note under section 877 of this title. Pub. L. 104–191, title V, § 512(c), Aug. 21, 1996, 110 Stat. 2102, provided that: ‘‘The amendments made by this section [enacting this section] shall apply to— ‘‘(1) individuals losing United States citizenship (within the meaning of section 877 of the Internal Revenue Code of 1986) on or after February 6, 1995, and ‘‘(2) long-term residents of the United States with respect to whom an event described in [former] sub- paragraph (A) or (B) of section 877(e)(1) of such Code occurs on or after such date. In no event shall any statement required by such amendments be due before the 90th day after the date of the enactment of this Act [Aug. 21, 1996].’’ § 6039H. Information with respect to Alaska Na- tive Settlement Trusts and Native Corpora- tions (a) Requirement The fiduciary of an electing Settlement Trust (as defined in section 646(h)(1)) shall include with the return of income of the trust a state- ment containing the information required under subsection (c). Page 3350 TITLE 26—INTERNAL REVENUE CODE § 6039I (b) Application with other requirements The filing of any statement under this section shall be in lieu of the reporting requirements under section 6034A to furnish any statement to a beneficiary regarding amounts distributed to such beneficiary (and such other reporting rules as the Secretary deems appropriate). (c) Required information The information required under this sub- section shall include— (1) the amount of distributions made during the taxable year to each beneficiary, (2) the treatment of such distribution under the applicable provision of section 646, includ- ing the amount that is excludable from the re- cipient beneficiary’s gross income under sec- tion 646, and (3) the amount (if any) of any distribution during such year that is deemed to have been made by the sponsoring Native Corporation (as defined in section 646(h)(5)). (d) Sponsoring Native Corporation (1) In general The electing Settlement Trust shall, on or before the date on which the statement under subsection (a) is required to be filed, furnish such statement to the sponsoring Native Cor- poration (as so defined). (2) Distributees The sponsoring Native Corporation shall fur- nish each recipient of a distribution described in section 646(e)(3) a statement containing the amount deemed to have been distributed to such recipient by such corporation for the tax- able year. (e) Deductible contributions by Native Corpora- tions to Alaska Native Settlement Trusts (1) In general Any Native Corporation (as defined in sub- section (m) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m))) which has made a contribution to a Settle- ment Trust (as defined in subsection (t) of such section) to which an election under sub- section (e) of section 247 applies shall provide such Settlement Trust with a statement re- garding such election not later than January 31 of the calendar year subsequent to the cal- endar year in which the contribution was made. (2) Content of statement The statement described in paragraph (1) shall include— (A) the total amount of contributions to which the election under subsection (e) of section 247 applies, (B) for each contribution, whether such contribution was in cash, (C) for each contribution which consists of property other than cash, the date that such property was acquired by the Native Cor- poration and the adjusted basis and fair mar- ket value of such property on the date such property was contributed to the Settlement Trust, (D) the date on which each contribution was made to the Settlement Trust, and (E) such information as the Secretary de- termines to be necessary or appropriate for the identification of each contribution and the accurate inclusion of income relating to such contributions by the Settlement Trust. (Added Pub. L. 107–16, title VI, § 671(b), June 7, 2001, 115 Stat. 147; amended Pub. L. 115–97, title I, § 13821(c)(1), Dec. 22, 2017, 131 Stat. 2181.) Editorial Notes AMENDMENTS 2017—Pub. L. 115–97, § 13821(c)(1)(A), struck out ‘‘spon- soring’’ before ‘‘Native Corporations’’ in section catch- line. Subsec. (e). Pub. L. 115–97, § 13821(c)(1)(B), added sub- sec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–97, title I, § 13821(c)(3), Dec. 22, 2017, 131 Stat. 2182, provided that: ‘‘The amendments made by this subsection [amending this section] shall apply to taxable years beginning after December 31, 2016.’’ EFFECTIVE DATE Section applicable to taxable years ending after June 7, 2001, and to contributions made to electing Settle- ment Trusts for such year or any subsequent year, see section 671(d) of Pub. L. 107–16, set out as a note under section 646 of this title. § 6039I. Returns and records with respect to em- ployer-owned life insurance contracts (a) In general Every applicable policyholder owning 1 or more employer-owned life insurance contracts issued after the date of the enactment of this section shall file a return (at such time and in such manner as the Secretary shall by regula- tions prescribe) showing for each year such con- tracts are owned— (1) the number of employees of the applica- ble policyholder at the end of the year, (2) the number of such employees insured under such contracts at the end of the year, (3) the total amount of insurance in force at the end of the year under such contracts, (4) the name, address, and taxpayer identi- fication number of the applicable policyholder and the type of business in which the policy- holder is engaged, and (5) that the applicable policyholder has a valid consent for each insured employee (or, if all such consents are not obtained, the number of insured employees for whom such consent was not obtained). (b) Recordkeeping requirement Each applicable policyholder owning 1 or more employer-owned life insurance contracts during any year shall keep such records as may be nec- essary for purposes of determining whether the requirements of this section and section 101(j) are met. (c) Definitions Any term used in this section which is used in section 101(j) shall have the same meaning given such term by section 101(j). (Added Pub. L. 109–280, title VIII, § 863(b), Aug. 17, 2006, 120 Stat. 1023.)