Imposition of penalty
In general
If any person who is required to maintain a list under section 6112(a) fails to make such list available upon written request to the Secretary in accordance with section 6112(b) within 20 business days after the date of such request, such person shall pay a penalty of $10,000 for each day of such failure after such 20th day.
Reasonable cause exception
No penalty shall be imposed by paragraph (1) with respect to the failure on any day if such failure is due to reasonable cause.
Penalty in addition to other penalties
The penalty imposed by this section shall be in addition to any other penalty provided by law.
Pub. L. 98–369, div. A, title I, § 142(b)98 Stat. 682Pub. L. 99–514, title XV, § 1534(a)100 Stat. 2750Pub. L. 108–357, title VIII118 Stat. 1583(Added , , ; amended , , ; , §§ 815(b)(5)(A), 817(a), , , 1584.)
Editorial Notes
Codification
section 6709 of this titleAnother section 6708 was renumbered .
Amendments
Pub. L. 108–357, § 815(b)(5)(A)2004—, substituted “advisees with respect to reportable transactions” for “investors in potentially abusive tax shelters” in section catchline.
Pub. L. 108–357, § 817(a)Subsec. (a). , amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Any person who fails to meet any requirement imposed by section 6112 shall pay a penalty of $50 for each person with respect to whom there is such a failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this subsection for any calendar year shall not exceed $100,000.”
Pub. L. 99–5141986—Subsec. (a). substituted “$100,000” for “$50,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
section 815(b)(5)(A) of Pub. L. 108–357section 6111(b)(1)(A)(i) of this titlesection 815(c) of Pub. L. 108–357section 6111 of this titleAmendment by applicable to transactions with respect to which material aid, assistance, or advice referred to in is provided after , see , set out as a note under .
Pub. L. 108–357, title VIII, § 817(b)118 Stat. 1584
Effective Date of 1986 Amendment
Pub. L. 99–514, title XV, § 1534(b)100 Stat. 2750
Effective Date
section 142(d) of Pub. L. 98–369section 6112 of this titleSection applicable to any interest which is first sold to any investor after , see , set out as a note under .