26 U.S.C. § 6039D
Every employer maintaining a specified fringe benefit plan during any year for any portion of which the applicable exclusion applies, shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) with respect to such plan showing for such year-
Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met.
Any employer-
shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe. The Secretary may require returns under this subsection only from a representative group of employers.
For purposes of this section-
The term "specified fringe benefit plan" means any plan under section 79, 105, 106, 125, 127, 129, or 137.
The term "applicable exclusion" means, with respect to any specified fringe benefit plan, the section specified under paragraph (1) under which benefits under such plan are excludable from gross income.
In the case of a multiemployer plan, the plan shall be required to provide any information required by this section which the Secretary determines, on the basis of the agreement between the plan and employer, is held by the plan (and not the employer).
26 U.S.C. § 6039D
EDITORIAL NOTES
CODIFICATIONAnother section 6039D, added Pub. L. 98-612, §1(b)(1), Oct. 31, 1984, 98 Stat. 3180, also related to returns and records with respect to certain fringe benefits, prior to repeal by Pub. L. 99-514, title XVIII, §1879(d)(2), Oct. 22, 1986, 100 Stat. 2906, effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such repeal relates, see section 1881 of Pub. L. 99-514 set out as a note under section 48 of this title.
AMENDMENTS2014-Subsec. (a). Pub. L. 113-295, §221(a)(108), struck out "beginning after December 31, 1984," after "during any year" in introductory provisions.Subsec. (d)(1). Pub. L. 113-295, §221(a)(19)(B)(vii), struck out "120," after "106,". 1997-Subsec. (d)(1). Pub. L. 105-34 substituted "129, or 137" for "or 129".1990-Subsec. (d)(3). Pub. L. 101-508 substituted "the employer)." for "the employer)". 1988-Subsec. (c). Pub. L. 100-647, §1011B(a)(24), amended directory language of Pub. L. 99-514, §1151(h)(3), see 1986 Amendment note below.Subsec. (d). Pub. L. 100-647, §3021(a)(15)(A)(ii), inserted "and special rules" after "Definitions" in heading. Subsec. (d)(3). Pub. L. 100-647, §3021(a)(15)(A)(i), added par. (3). 1986-Subsec. (a)(6). Pub. L. 99-514, §1151(h)(2), added par. (6).Subsec. (c). Pub. L. 99-514, §1151(h)(3), as amended by Pub. L. 100-647, §1011B(a)(24), inserted at end "The Secretary may require returns under this subsection only from a representative group of employers."Subsec. (d). Pub. L. 99-514, §1151(h)(1), amended subsec. (d) generally. Prior to amendment, par. (1) defined a specified fringe benefit plan as (A) any qualified group legal services plan (as defined in section 120), (B) any cafeteria plan (as defined in section 125), and (C) any educational assistance plan (as defined in section 127), and par. (2) defined "applicable exclusion" as meaning (A) section 120 in the case of a qualified legal group services plan, (B) section 125 in the case of a cafeteria plan, and (C) section 127 in the case of an educational assistance plan. Pub. L. 99-514, §1879(d)(1), in amending subsec. (d) generally, added subpars. (1)(A) and (2)(A). Former subpars. (1)(A) and (B) and (2)(A) and (B) were redesignated as subpars. (1)(B) and (C) and (2)(B) and (C), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113-295 set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-34 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104-188 to which it relates, see section 1601(j) of Pub. L. 105-34 set out as a note under section 23 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1011B(a)(24) of 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. Pub. L. 100-647, title III, §3021(a)(15)(B), Nov. 10, 1988, 102 Stat. 3631, provided that: "The amendments made by this paragraph [amending this section] shall apply to years beginning after 1984."
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1151(h) of Pub. L. 99-514 applicable to years beginning after Dec. 31, 1988, with certain qualifications and exceptions, see section 1151(k) of Pub. L. 99-514 as amended, set out as a note under section 79 of this title.Amendment by section 1879(d)(1) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514 set out as a note under section 48 of this title.
EFFECTIVE DATESection effective Jan. 1, 1985, see section 1(g)(2) of Pub. L. 98-611 set out as an Effective Date of 1984 Amendment note under section 127 of this title.
NONENFORCEMENT OF AMENDMENT MADE BY SECTION 1151 OF PUB. L. 99-514 FOR FISCAL YEAR 1990No monies appropriated by Pub. L. 101-136 to be used to implement or enforce section 1151 of Pub. L. 99-514 or the amendments made by such section, see section 528 of Pub. L. 101-136 set out as a note under section 89 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101-1147 and 1171-1177] or title XVIII [§§1800-1899A] of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514 as amended, set out as a note under section 401 of this title.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- fiscal year
- The term "fiscal year" means an accounting period of 12 months ending on the last day of any month other than December.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.