26 U.S.C. § 6050H | Returns relating to mortgage interest received in trade or business from individuals

(a)

Mortgage interest of $600 or more

Any person—

(1)

who is engaged in a trade or business, and

(2)

who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any mortgage,

shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe.

(b)

Form and manner of returns

A return is described in this subsection if such return—

(1)

is in such form as the Secretary may prescribe,

(2)

contains—

(A)

the name and address of the individual from whom the interest described in subsection (a)(2) was received,

(B)

the amount of such interest (other than points) received for the calendar year,

(C)

the amount of points on the mortgage received during the calendar year and whether such points were paid directly by the borrower,

(D)

the amount of outstanding principal on the mortgage as of the beginning of such calendar year,

(E)

the date of the origination of the mortgage,

(F)

the address (or other description in the case of property without an address) of the property which secures the mortgage, and

(G)

such other information as the Secretary may prescribe.

(c)

Application to governmental units

For purposes of subsection (a)—

(1)

Treated as persons

The term “person” includes any governmental unit (and any agency or instrumentality thereof).

(2)

Special rules

In the case of a governmental unit or any agency or instrumentality thereof—

(A)

subsection (a) shall be applied without regard to the trade or business requirement contained therein, and

(B)

any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return.

(d)

Statements to be furnished to individuals with respect to whom information is required

Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—

(1)

the name, address, and phone number of the information contact of the person required to make such return, and

(2)

the aggregate amount of interest described in subsection (a)(2) (other than points) received by the person required to make such return from the individual to whom the statement is required to be furnished (and the information required under subparagraphs (C), (D), (E), and (F) of subsection (b)(2)).

The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.

(e)

Mortgage defined

For purposes of this section, except as provided in regulations prescribed by the Secretary, the term “mortgage” means any obligation secured by real property.

(f)

Returns which would be required to be made by 2 or more persons

Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).

(g)

Special rules for cooperative housing corporations

For purposes of subsection (a), an amount received by a cooperative housing corporation from a tenant-stockholder shall be deemed to be interest received on a mortgage in the course of a trade or business engaged in by such corporation, to the extent of the tenant-stockholder’s proportionate share of interest described in section 216(a)(2). Terms used in the preceding sentence shall have the same meanings as when used in section 216.

(h)

Returns relating to mortgage insurance premiums

(1)

In general

The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe.

(2)

Statement to be furnished to individuals with respect to whom information is required

Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made.

(3)

Special rules

For purposes of this subsection—

(A)

rules similar to the rules of subsection (c) shall apply, and

(B)

the term “mortgage insurance” means—

(i)

mortgage insurance provided by the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Service, and

(ii)

12 U.S.C. 4901 private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (), as in effect on the date of the enactment of this subsection).

Pub. L. 98–369, div. A, title I, § 145(a)July 18, 198498 Stat. 684 Pub. L. 99–514, title XV, § 1501(c)(11)Oct. 22, 1986100 Stat. 2739 Pub. L. 101–239, title VII, § 7646(a)Dec. 19, 1989103 Stat. 2382 Pub. L. 104–168, title XII, § 1201(a)(8)July 30, 1996110 Stat. 1469 Pub. L. 104–188, title I, § 1704(t)(23)Aug. 20, 1996110 Stat. 1888 Pub. L. 109–432, div. A, title IV, § 419(c)Dec. 20, 2006120 Stat. 2968 Pub. L. 114–41, title II, § 2003(a)July 31, 2015129 Stat. 454 Pub. L. 115–141, div. U, title IV, § 401(a)(2)(C)Mar. 23, 2018132 Stat. 1184(Added , , ; amended , title XVIII, § 1811(a)(1), , , 2832; , (b), , ; , , ; , , ; , , ; , (b), , ; , (263), , , 1196.)

Editorial Notes

References in Text

Pub. L. 109–432Dec. 20, 2006The date of the enactment of this subsection, referred to in subsec. (h)(3)(B)(ii), is the date of enactment of , which was approved .

Amendments

Pub. L. 115–1412018—Subsec. (h)(3)(B)(i). substituted “Department of Veterans Affairs” for “Veterans Administration” and “Rural Housing Service” for “Rural Housing Administration”.

Pub. L. 114–41, § 2003(a)2015—Subsec. (b)(2)(D) to (G). , added subpars. (D) to (F) and redesignated former subpar. (D) as (G).

Pub. L. 114–41, § 2003(b)Subsec. (d)(2). , substituted “subparagraphs (C), (D), (E), and (F) of subsection (b)(2)” for “subsection (b)(2)(C)”.

Pub. L. 109–4322006—Subsec. (h). added subsec. (h).

Pub. L. 104–188 Pub. L. 101–239, § 7646(b)(1)1996—Subsec. (b)(2)(B). made technical amendment to directory language of . See 1989 Amendment note below.

Pub. L. 104–168Subsec. (d)(1). substituted “name, address, and phone number of the information contact” for “name and address”.

Pub. L. 101–239, § 7646(b)(1)Pub. L. 104–1881989—Subsec. (b)(2)(B). , as amended by , inserted “(other than points)” after “such interest”.

Pub. L. 102–239, § 7646(a)Subsec. (b)(2)(C), (D). , added subpar. (C) and redesignated former subpar. (C) as (D).

Pub. L. 102–239, § 7646(b)(2)Subsec. (d)(2). , inserted “(other than points)” after “subsection (a)(2)” and “(and the information required under subsection (b)(2)(C))” after “to be furnished”.

Pub. L. 99–514, § 1501(c)(11)1986—Subsec. (d). , in amending subsec. (d) generally, substituted “information is required” for “information is furnished” in heading and, in text, substituted references to persons required to make a return for former references to persons making a return and references to persons whose name is required to be set forth for former references to persons whose name is set forth.

Pub. L. 99–514, § 1811(a)(1)Subsec. (g). , added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

December 31, 2016“The amendments made by this section [amending this section] shall apply to returns required to be made, and statements required to be furnished, after .”

, , , provided that:

Effective Date of 2006 Amendment

Pub. L. 109–432Dec. 31, 2006section 419(d) of Pub. L. 109–432 section 163 of this titleAmendment by applicable to amounts paid or accrued after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–168Dec. 31, 1996section 1201(b) of Pub. L. 104–168 section 6041 of this titleAmendment by applicable to statements required to be furnished after (determined without regard to any extension), see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239, title VII, § 7646(c)Dec. 19, 1989103 Stat. 2382

December 31, 1991“The amendments made by this section [amending this section] shall apply to returns and statements the due date for which (determined without regard to extensions) is after .”

, , , provided that:

Effective Date of 1986 Amendment

section 1501(c)(11) of Pub. L. 99–514Dec. 31, 1986section 1501(e) of Pub. L. 99–514 section 6721 of this titleAmendment by applicable to returns the due date for which (determined without regard to extensions) is after , see , set out as an Effective Date note under .

section 1811(a)(1) of Pub. L. 99–514 Pub. L. 98–369, div. A section 1881 of Pub. L. 99–514 section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .

Effective Date

Pub. L. 98–369, div. A, title I, § 145(d)July 18, 198498 Stat. 685 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

“(1)

In general .—

December 31, 1984Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending sections 6652 and 6678 of this title] shall apply to amounts received after .

“(2)

december 31, 1984Special rule for obligations in existence on .—

December 31, 1984January 1, 1986In the case of any obligation in existence on , no penalty shall be imposed under section 6676 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] by reason of the amendments made by this section on any failure to supply a taxpayer identification number with respect to amounts received before .”

, , , as amended by , title XVIII, § 1811(a)(2), , , 2832, provided that:

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514Jan. 1, 1989section 1140 of Pub. L. 99–514 section 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 .