§ 6034. Returns by certain trusts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1954

   Aug. 16, 1954, ch. 736, 68A Stat. 742 · 68A Stat. 742

   Enacted · 26 U.S.C. § 6034

   Aug. 16, 1954, ch. 736, 68A Stat. 742

   Source evidence

   Code source credit
   Aug. 16, 1954, ch. 736, 68A Stat. 742

2. 1969

   Tax Reform Act of 1969

   Pub. L. 91–172 § 101(j)(32) · 83 Stat. 487

   1. Inserted · 26 U.S.C. § 6034(a)

      Pub. L. 91–172, § 101(j)(32), (33), inserted, in section catchline and in subsec. (a), reference to trusts described in section 4947(a), and, in par. (1)

   2. Struck · 26 U.S.C. § 6034(a)

      Pub. L. 91–172, § 101(j)(32), (33), struck out provisions requiring the separate showing of the amount of deduction paid out, and the amount permanently set aside for charitable, etc., purposes

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–172, § 101(j)(32), (33), inserted, in section catchline and in subsec. (a), reference to trusts described in section 4947(a), and, in par. (1), struck out provisions requiring the separate showing of the amount of deduction paid out, and the amount permanently set aside for charitable, etc., purposes.

   Enacted provision · exact public law section
   (32) Section 6034 (relating to returns by certain trusts) is 68A Stat. 742. amended by striking out all of such section before paragraph (1) of subsection (a) and inserting in lieu thereof the following: “SEC. 6034. RETURNS BY TRUSTS DESCRIBED IN SECTION 4947(a) OR CLAIMING CHARITABLE DEDUCTIONS UNDER SECTION 642(c). “(a) General Rule.— Every trust described in section 4947(a) or Ante, p. 517. Post, p. 558. claiming a charitable, etc., deduction under section 642(c) for the taxable year shall furnish such information with respect to such taxable year as the Secretary or his delegate may by forms or regulations prescribe, including—”.

3. 1969

   Tax Reform Act of 1969

   Pub. L. 91–172 § 101(j)(34) · 83 Stat. 487

   Added · 26 U.S.C. § 6034(c)

   Pub. L. 91–172, § 101(j)(34), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–172, § 101(j)(34), added subsec. (c).

   Enacted provision · exact public law section
   (34) Section 6034 (relating to returns by certain trusts) is amended by adding the following new subsection at the end thereof: “(c) Cross Reference.— “For provisions relating to penalties for failure to file a return required by this section, see section 6652(d).”

4. 1976

   Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520

   Struck · 26 U.S.C. § 6034(a)

   Pub. L. 94–455 struck out “or his delegate” after “Secretary”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

   Enacted provision · exact public law section
   (A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.

5. 1980

   Pub. L. 96–603 § 1(d)(1)(D) · 94 Stat. 3503

   Substituted · 26 U.S.C. § 6034

   Pub. L. 96–603, § 1(d)(1)(D), substituted “section 4947(a)(2)” for “section 4947(a)” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 96–603, § 1(d)(1)(D), substituted “section 4947(a)(2)” for “section 4947(a)” in section catchline.

   Enacted provision · exact public law section
   (D) by striking out “section 4947(a)” in the section heading and inserting in lieu thereof “section 4947(a)(2)”.

6. 1980

   Pub. L. 96–603 § 1(d)(1)(A) · 94 Stat. 3503

   Substituted · 26 U.S.C. § 6034(a)

   Pub. L. 96–603, § 1(d)(1)(A), substituted “section 4947(a)(2)” for “section 4947(a)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–603, § 1(d)(1)(A), substituted “section 4947(a)(2)” for “section 4947(a)”.

   Enacted provision · exact public law section
   (A) by striking out “section 4947(a)” in subsection (a) and inserting in lieu thereof “section 4947(a)(2)”;

7. 1980

   Pub. L. 96–603 § 1(d)(1)(B) · 94 Stat. 3503

   Substituted · 26 U.S.C. § 6034(b)

   Pub. L. 96–603, § 1(d)(1)(B), (C), substituted in heading “Exceptions” for “Exception” and in text inserted provision that this section not apply in the case of a trust described in section 4947(a)(1)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–603, § 1(d)(1)(B), (C), substituted in heading “Exceptions” for “Exception” and in text inserted provision that this section not apply in the case of a trust described in section 4947(a)(1).

   Enacted provision · exact public law section
   (B) by adding at the end of subsection (b) the following new sentence: “This section shall not apply in the case of a trust described in section 4947(a)(1).”;

8. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 title XV § 1501(d)(1)(C) · 100 Stat. 2085

   Substituted · 26 U.S.C. § 6034(c)

   Pub. L. 99–514 substituted “section 6652(c)” for “section 6652(d)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–514 substituted “section 6652(c)” for “section 6652(d)”.

   Enacted provision · exact public law section
   (C) Sections 6033(e), 6034(c), and 6043(c) are each amended by striking out “section 6652(d)” and inserting in lieu thereof “section 6652(c)”.

9. 2006

   Pub. L. 109–280 title XII § 1201(b)(1) · 120 Stat. 780

   Amended · 26 U.S.C. § 6034

   Pub. L. 109–280, which directed the general amendment of section 6034 without specifying the act to be amended, was executed to this section, which is section 6034 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. Prior to amendment, this section consisted of subsecs. (a) to (c) stating a general rule requiring certain trusts to furnish information as the Secretary may by forms and regulations prescribe, allowing for exceptions to the rule, and providing a cross reference relating to penalties for failure to file a return

   Source evidence

   Code amendment note
   Pub. L. 109–280, which directed the general amendment of section 6034 without specifying the act to be amended, was executed to this section, which is section 6034 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. Prior to amendment, this section consisted of subsecs. (a) to (c) stating a general rule requiring certain trusts to furnish information as the Secretary may by forms and regulations prescribe, allowing for exceptions to the rule, and providing a cross reference relating to penalties for failure to file a return.

   Enacted provision · exact public law section
   (1) Returns.— Section 6034 26 USC 6034. (relating to returns by trusts described in section 4947(a)(2) or claiming charitable deductions under section 642(c)) is amended to read as follows: “SEC. 6034. RETURNS BY CERTAIN TRUSTS. “(a) Split-Interest Trusts.— Every trust described in section 4947(a)(2) shall furnish such information with respect to the taxable year as the Secretary may by forms or regulations require. “(b) Trusts Claiming Certain Charitable Deductions.— “(1) In general.— Every trust not required to file a return under subsection (a) but claiming a deduction under section 642(c) for the taxable year shall furnish such information with respect to such taxable year as the Secretary may by forms or regulations prescribe, including— “(A) the amount of the deduction taken under section 642(c) within such year, “(B) the amount paid out within such year which represents amounts for which deductions under section 642(c) have been taken in prior years, “(C) the amount for which such deductions have been taken in prior years but which has not been paid out at the beginning of such year, “(D) the amount paid out of principal in the current and prior years for the purposes described in section 642(c), “(E) the total income of the trust within such year and the expenses attributable thereto, and “(F) a balance sheet showing the assets, liabilities, and net worth of the trust as of the beginning of such year. “(2) Exceptions.— Paragraph (1) shall not apply to a trust for any taxable year if— “(A) all the net income for such year, determined under the applicable principles of the law of trusts, is required to be distributed currently to the beneficiaries, or “(B) the trust is described in section 4947(a)(1).” .

   Effective date note
   Pub. L. 109–280, title XII, § 1201(c)(2), Aug. 17, 2006, 120 Stat. 1066, provided that: “The amendments made by subsection (b) [amending this section and sections 6104 and 6652 of this title] shall apply to returns for taxable years beginning after December 31, 2006.”

9 of 10 references resolved to an enrolled provision · 1 partial