(a) Requirement to file. —
(1) Any trust exempt from taxation under §§ 30471(a)(4)(D) and 30391 of this title shall file an annual return under penalty of perjury, stating specifically the items of gross income, its money inflow and outflow, and any other information in the form and manner prescribed by the Secretary through regulations, circular letter, informative bulletin or general administrative determination.
(2) Notwithstanding the provisions of clause (1), in the case of an exempt trust under § 30391 of this title, if the plan to which such trust belongs is subject to the provisions of Title 1 of the Employee Retirement Income Security Act (hereinafter ERISA), the Secretary may require through regulations, circular letter, informative bulletin, or general administrative determination to such effect, that in lieu of filing the return required under clause (1), such trust file a true and accurate copy of the return required by federal law to report such pension plans.
(b) Filing due date. —
(1) General rule. — The returns required under this section that are filed on a calendar year basis shall be filed not later than the thirty-first (31st) of July following the close of the calendar year. The returns filed on a fiscal year basis shall be filed not later than the last day of the seventh (7th) month following the close of the taxable year of such plan.
(2) Automatic extension. — An extension shall be granted until the fifteenth (15th) day of the (3rd) month following the due date set for filing the return, provided that the taxpayer requests such extension not later than on such return filing date and subject to compliance with the rules and regulations prescribed by the Secretary for granting such extension.
History —Jan. 31, 2011, No. 1, § 1061.10, retroactive to Jan. 1, 2011.