General rule
When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Secretary. Every person required to make a return or statement shall include therein the information required by such forms or regulations.
Identification of taxpayer
The Secretary is authorized to require such information with respect to persons subject to the taxes imposed by chapter 21 or chapter 24 as is necessary or helpful in securing proper identification of such persons.
Returns, etc., of DISCS and former DISCS and former FSC’s
Records and information
Returns
A DISC shall file for the taxable year such returns as may be prescribed by the Secretary by forms or regulations.
Authority to require information concerning section 912 allowances
The Secretary may by regulations require any individual who receives allowances which are excluded from gross income under section 912 for any taxable year to include on his return of the taxes imposed by subtitle A for such taxable year such information with respect to the amount and type of such allowances as the Secretary determines to be appropriate.
Regulations requiring returns on magnetic media, etc.
In general
The Secretary shall prescribe regulations providing standards for determining which returns must be filed on magnetic media or in other machine-readable form. Except as provided in paragraph (3), the Secretary may not require returns of any tax imposed by subtitle A on individuals, estates, and trusts to be other than on paper forms supplied by the Secretary.
Requirements of regulations
Special rule for tax return preparers
In general
Specified tax return preparer
For purposes of this paragraph, the term “specified tax return preparer” means, with respect to any calendar year, any tax return preparer unless such preparer reasonably expects to file 10 or fewer individual income tax returns during such calendar year.
Individual income tax return
For purposes of this paragraph, the term “individual income tax return” means any return of the tax imposed by subtitle A on individuals, estates, or trusts.
Exception for certain preparers located in areas without internet access
The Secretary may waive the requirement of subparagraph (A) if the Secretary determines, on the basis of an application by the tax return preparer, that the preparer cannot meet such requirement by reason of being located in a geographic area which does not have access to internet service (other than dial-up or satellite service).
Special rule for returns filed by financial institutions with respect to withholding on foreign transfers
The numerical limitation under paragraph (2)(A) shall not apply to any return filed by a financial institution (as defined in section 1471(d)(5)) with respect to tax for which such institution is made liable under section 1461 or 1474(a).
Applicable number
In general
Special rule for partnerships for 2018, 2019, 2020, and 2021
11 So in original. There are two pars. designated (6). Partnerships required to file on magnetic media
Notwithstanding paragraph (2)(A), the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.
1 Application of numerical limitation to returns relating to deferred compensation plans
For purposes of applying the numerical limitation under paragraph (2)(A) to any return required under section 6058, information regarding each plan for which information is provided on such return shall be treated as a separate return.
Qualified opportunity funds and qualified rural opportunity funds
Notwithstanding paragraphs (1) and (2), any return filed by a qualified opportunity fund or qualified rural opportunity fund under section 6039K shall be filed on magnetic media or other machine-readable form.
Promotion of electronic filing
In general
The Secretary is authorized to promote the benefits of and encourage the use of electronic tax administration programs, as they become available, through the use of mass communications and other means.
Incentives
The Secretary may implement procedures to provide for the payment of appropriate incentives for electronically filed returns.
Disclosure of reportable transaction to tax-exempt entity
Any taxable party to a prohibited tax shelter transaction (as defined in section 4965(e)(1)) shall by statement disclose to any tax-exempt entity (as defined in section 4965(c)) which is a party to such transaction that such transaction is such a prohibited tax shelter transaction.
Mandatory e-filing of unrelated business income tax return
Any organization required to file an annual return under this section which relates to any tax imposed by section 511 shall file such return in electronic form.
Income, estate, and gift taxes
For requirement that returns of income, estate, and gift taxes be made whether or not there is tax liability, see subparts B and C.
Aug. 16, 1954, ch. 73668A Stat. 732Pub. L. 85–859, title I, § 16172 Stat. 1305Pub. L. 88–563, § 3(a)78 Stat. 843Pub. L. 89–44, title I, § 101(b)(6)79 Stat. 136Pub. L. 90–59, § 4(b)81 Stat. 154Pub. L. 91–128, § 483 Stat. 267Pub. L. 92–178, title V, § 504(a)85 Stat. 550Pub. L. 94–455, title XIX90 Stat. 1817Pub. L. 95–615, § 207(c)92 Stat. 3108Pub. L. 97–248, title III, § 31996 Stat. 610Pub. L. 98–67, title I, § 109(a)97 Stat. 383Pub. L. 98–369, div. A, title VIII, § 801(d)(12)98 Stat. 997Pub. L. 99–514, title XVIII, § 1899A(52)100 Stat. 2961Pub. L. 100–647, title I, § 1015(q)(1)102 Stat. 3572Pub. L. 101–239, title VII, § 7713(a)103 Stat. 2394Pub. L. 105–34, title XII, § 1224111 Stat. 1019Pub. L. 105–206, title II, § 2001(c)112 Stat. 723Pub. L. 109–222, title V, § 516(b)(2)120 Stat. 371Pub. L. 110–172, § 11(g)(19)121 Stat. 2491Pub. L. 111–92, § 17(a)123 Stat. 2996Pub. L. 111–147, title V, § 522(a)124 Stat. 112Pub. L. 113–295, div. A, title II, § 220(t)128 Stat. 4036Pub. L. 115–141, div. U, title III, § 301(a)132 Stat. 1183Pub. L. 116–25, title II, § 2301(a)133 Stat. 1012Pub. L. 116–94, div. O, title II, § 202(d)(1)133 Stat. 3163Pub. L. 119–21, title VII, § 70421(d)(3)139 Stat. 231(, ; , , ; , , ; , , ; , , ; (f), (g), , ; , , ; , §§ 1904(b)(10)(A)(ii), 1906(b)(13)(A), , , 1834; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b), , ; , , ; , , ; , , ; –(c), title III, § 3101(b)(2), , , 1013, 1015; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 106–519114 Stat. 2423section 1 of this titleThe FSC Repeal and Extraterritorial Income Exclusion Act of 2000, referred to in subsec. (c)(1), is , , . For complete classification of this Act to the Code, see Short Title of 2000 Amendments note set out under and Tables.
Amendments
Pub. L. 119–212025—Subsec. (e)(8). added par. (8).
Pub. L. 116–25, § 2301(a)2019—Subsec. (e)(2)(A). , substituted “the applicable number of” for “250”.
Pub. L. 116–25, § 2301(c)Subsec. (e)(3)(D). , added subpar. (D).
Pub. L. 116–25, § 2301(b)Subsec. (e)(5). , added par. (5) and struck out former par. (5) which related to special rules for partnerships regarding filing on magnetic media.
Pub. L. 116–94Subsec. (e)(6). added par. (6) related to application of numerical limitation to returns relating to deferred compensation plans.
Pub. L. 116–25, § 2301(b), added par. (6) related to partnerships required to file on magnetic media.
Pub. L. 116–25, § 3101(b)(2)Subsecs. (h), (i). , added subsec. (h) and redesignated former subsec. (h) as (i).
Pub. L. 115–141, § 301(a)(2)2018—Subsec. (e)(2). , struck out concluding provisions which read as follows: “Notwithstanding the preceding sentence, the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.”
Pub. L. 115–141, § 301(a)(1)Subsec. (e)(5). , added par. (5).
Pub. L. 113–2952014—Subsec. (e)(3)(A). substituted “shall require that” for “shall require than” in introductory provisions.
Pub. L. 111–1472010—Subsec. (e)(4). added par. (4).
Pub. L. 111–92, § 17(b)2009—Subsec. (e)(1). , substituted “Except as provided in paragraph (3), the Secretary may not” for “The Secretary may not” in second sentence.
Pub. L. 111–92, § 17(a)Subsec. (e)(3). , added par. (3).
Pub. L. 110–172, § 11(g)(19)(B)2007—Subsec. (c). , struck out “and FSC’s” after “former DISCS” in heading.
Pub. L. 110–172, § 11(g)(19)(A)Subsec. (c)(1). , in introductory provisions, substituted “, former DISC, or former FSC (as defined in section 922 as in effect before its repeal by the FSC Repeal and Extraterritorial Income Exclusion Act of 2000)” for “or former DISC or a FSC or former FSC”.
Pub. L. 109–2222006—Subsecs. (g), (h). added subsec. (g) and redesignated former subsec. (g) as (h).
Pub. L. 105–2061998—Subsecs. (f), (g). added subsec. (f) and redesignated former subsec. (f) as (g).
Pub. L. 105–341997—Subsec. (e)(2). inserted at end “Notwithstanding the preceding sentence, the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.”
Pub. L. 101–2391989—Subsec. (e). substituted “magnetic media” for “magnetic tape” in heading and amended text generally, revising the content and structure of pars. (1) and (2).
Pub. L. 100–6471988—Subsec. (a). substituted “or with respect to the collection thereof” for “or for the collection thereof”.
Pub. L. 99–5141986—Subsec. (f). substituted “subparts B and C” for “sections 6012 to 6019, inclusive”.
Pub. L. 98–3691984—Subsec. (c). inserted “and FSC’s and former FSC’s” in heading and “or a FSC or former FSC” in par. (1).
Pub. L. 98–671983—Subsec. (e). amended subsec. (e) generally, designating existing provisions as par. (1) and adding par. (2).
Pub. L. 97–2481982—Subsecs. (e), (f). added subsec. (e) and redesignated former subsec. (e) as (f).
Pub. L. 95–6151978—Subsecs. (d), (e). added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 94–455, § 1906(b)(13)(A)1976—Subsecs. (a), (b). , struck out “or his delegate” after “Secretary”.
Pub. L. 94–455Subsec. (c). , §§ 1904(b)(10)(A)(ii), 1906(b)(13)(A), redesignated subsec. (e) as (c) and struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 94–455, § 1904(b)(10)(A)(ii)Subsec. (d). , redesignated subsec. (f) as (d). Former subsec. (d), which related to interest equalization tax returns, was struck out.
Pub. L. 94–455, § 1904(b)(10)(A)(ii)Subsecs. (e), (f). , redesignated subsecs. (e) and (f) as (c) and (d), respectively.
Pub. L. 92–1781971—Subsecs. (e), (f). added subsec. (e) and redesignated former subsec. (e) as (f).
Pub. L. 91–128, § 4(f)section 4911 of this title1969—Subsec. (d)(1)(B). , inserted provisions excepting dispositions made under circumstances entitling the person to a credit under the provisions of section 4919 from the requirement that persons incurring liability for the tax imposed by , if he disposes of the stock or debt obligation with respect to which such liability was incurred prior to the filing of the return required by subparagraph (A), file a return of such tax.
Pub. L. 91–128, § 4(g)Subsec. (d)(3). , eased recordkeeping requirements by providing that nonparticipating be subject to the recordkeeping and reporting requirements prescribed by the Secretary or his delegate only insofar as they engage in sales or acquisitions in which the nonparticipating firm has received a validation certificate indicating the stock or debt obligation qualifies for the exemption or where the U.S. person acquiring the stock or debt obligation is subject to the interest equalization tax, including acquisitions where a broker’s confirmation to the customer indicates, or should indicate that the particular acquisition is or may be subject to the tax.
Pub. L. 90–591967—Subsec. (d)(1). designated existing provisions as subpar. (A), substituted a copy of any return made during a quarter under subpar. (B) for a certificate of American ownership complying with section 4918(e) or a summary statement establishing exemption together with reasons for person’s inability to establish prior American ownership as the document to accompany the list of acquisitions made during the calendar quarter for which an exemption is claimed under section 4918, struck out “a written confirmation, furnished in accordance with the requirements described in section 4918(c) or (d), is treated as conclusive proof of prior American ownership;” after “No return or accompanying evidence shall be required under this paragraph, in connection with any acquisition with respect to which”, and added clauses (i), (ii), and (iii) and subpar. (B).
Pub. L. 89–441965—Subsec. (c). repealed subsec. (c) which related to return of retailers excise taxes by suppliers.
Pub. L. 88–5631964—Subsecs. (d), (e). added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 85–8591958—Subsecs. (c), (d). added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, § 70421(d)(5)139 Stat. 231
Effective Date of 2019 Amendment
Pub. L. 116–94, div. O, title II, § 202(d)(2)133 Stat. 3163
Pub. L. 116–25, title II, § 2301(e)133 Stat. 1013
section 3101(b)(2) of Pub. L. 116–25section 3101(d) of Pub. L. 116–25section 527 of this titleAmendment by applicable to taxable years beginning after , with certain transitional relief permitted, see , set out as a note under .
Effective Date of 2018 Amendment
Pub. L. 115–141, div. U, title III, § 301(b)132 Stat. 1183
Effective Date of 2010 Amendment
Pub. L. 111–147, title V, § 522(c)124 Stat. 113
Effective Date of 2009 Amendment
Pub. L. 111–92, § 17(c)123 Stat. 2996
Effective Date of 2006 Amendment
Pub. L. 109–222section 516(d)(2) of Pub. L. 109–222section 4965 of this titleAmendment by applicable to disclosures the due date for which are after , see , set out as an Effective Date note under .
Effective Date of 1997 Amendment
Pub. L. 105–34, title XII, § 1226111 Stat. 1020Pub. L. 105–206, title VI, § 6012(e)112 Stat. 819
Effective Date of 1989 Amendment
Pub. L. 101–239, title VII, § 7713(b)103 Stat. 2394
Effective Date of 1988 Amendment
Pub. L. 100–647, title I, § 1015(q)(2)102 Stat. 3572
Effective Date of 1984 Amendment
Pub. L. 98–369section 805(a)(1) of Pub. L. 98–369section 245 of this titleAmendment by applicable to transactions after , in taxable years ending after such date, see , as amended, set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 98–67section 110(a) of Pub. L. 98–67section 31 of this titleAmendment by applicable with respect to payments made after , see , set out as a note under .
Effective Date of 1978 Amendment; Election of Prior Law
Pub. L. 95–615section 209 of Pub. L. 95–615section 911 of this titleAmendment by applicable to taxable years beginning after , with provision for election of prior law, see , set out as an Effective Date of 1978 Amendment note under .
Effective Date of 1976 Amendment
section 1904(b)(10)(A)(ii) of Pub. L. 94–455section 1904(d) of Pub. L. 94–455section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1971 Amendment
Pub. L. 92–178section 507 of Pub. L. 92–178section 991 of this titleAmendment by applicable with respect to taxable years ending after , except that a corporation may not be a DISC for any taxable year beginning before , see , set out as an Effective Date note under .
Effective Date of 1969 Amendment
Pub. L. 91–128, § 4(i)(4)83 Stat. 269
Effective Date of 1967 Amendment
Pub. L. 90–59, § 4(h)81 Stat. 156
Effective Date of 1965 Amendment
Pub. L. 89–44section 701(a) of Pub. L. 89–44section 4161 of this titleAmendment by applicable with respect to articles sold on or after , see , set out as a note under .
Effective Date of 1958 Amendment
Pub. L. 85–859section 1(c) of Pub. L. 85–85972 Stat. 1275Amendment by effective on first day of first calendar quarter which begins more than 60 days after , see , , .
Short Title of 1967 Amendment
Pub. L. 90–59, § 1(a)81 Stat. 145
Internet Platform for Form 1099 Filings
Pub. L. 116–25, title II, § 2102133 Stat. 1010
In General .—
Electronic Services Treated as Supplemental; Application of Security Standards .—
Authentication of Users of Electronic Services Accounts
Pub. L. 116–25, title II, § 2304133 Stat. 1014
Electronic Filing of Tax and Information Returns
Pub. L. 105–206, title II, § 2001(a)112 Stat. 723
In General .—
Strategic Plan.—
In general .—
Electronic commerce advisory group .—
Annual Reports .—
Pub. L. 105–206, title II, § 2003(c)112 Stat. 725
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor 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 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 , see , as amended, set out as a note under .
Study of Wage Returns on Magnetic Tape; Report to Congress Not Later Than
Pub. L. 98–67, title I, § 109(b)97 Stat. 384, , , required Secretary of the Treasury, in consultation with Secretary of Health and Human Services, to conduct a study of feasibility of requiring persons to file, on magnetic media, returns under section 6011 of the Internal Revenue Code containing information described in section 6051(a) of such Code (relating to W–2s), and that not later than , Secretary of the Treasury was to submit to Committee on Ways and Means of House of Representatives and Committee on Finance of Senate results of study.
Report on Forms
Pub. L. 97–248, title III, § 35396 Stat. 640, , , required Secretary of the Treasury to study and report to Congress, not later than , methods of modifying the design of the forms used by the Internal Revenue Service to achieve greater accuracy in the reporting of income and the matching of information reports and returns with the returns of tax imposed.
Study of Simplification of Tax Returns
Pub. L. 95–600, title V, § 55192 Stat. 2890, , , required a study and investigation by Secretary of the Treasury with respect to simplification of Federal income tax returns, establishment of a task force to assist in conduct of study, and a report by Secretary on study and investigation to Congressional committees not later than 2 years after .
First Return Period for Interest Equalization Tax Returns
Pub. L. 89–243, § 3(d)(1)79 Stat. 955Pub. L. 89–243, , , provided that the first period for which returns were to be made under subsec. (d)(1) of this section with respect to acquisitions made subject to tax by this section was the period commencing , and ending at the close of the calendar quarter in which the enactment of [] occurred.
Pub. L. 88–563, § 3(e)78 Stat. 845Pub. L. 88–563, , , provided that the first period for which returns were to be made under subsec. (d)(1) of this section was the period commencing , and ending at the close of the calendar quarter in which the enactment of [] occurred.