§ 6046. Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock

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. 747 · 68A Stat. 747

   Enacted · 26 U.S.C. § 6046

   Aug. 16, 1954, ch. 736, 68A Stat. 747

   Source evidence

   Code source credit
   Aug. 16, 1954, ch. 736, 68A Stat. 747

2. 1960

   Pub. L. 86–780 § 7(a) · 74 Stat. 1010

   Substituted · 26 U.S.C. § 6046

   Pub. L. 86–780 substituted “Returns as to creation or organization, or reorganization, of foreign corporations” for “Returns as to formation or reorganization of foreign corporations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 86–780 substituted “Returns as to creation or organization, or reorganization, of foreign corporations” for “Returns as to formation or reorganization of foreign corporations” in section catchline.

   Enacted provision · exact public law section
   (a) Section 6046 of the Internal Revenue Code of 1954 (relating to information returns as to formation or reorganization of foreign corporations) is amended to read as follows: “SEC. 6046. RETURNS AS TO CREATION OR ORGANIZATION, OR REORGANIZATION, OF FOREIGN CORPORATIONS. “(a) General Rule.— On or before the 90th day after the creation or organization, or reorganization, of any foreign corporation— “(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and “(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation then outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family), shall make a return in compliance with the provisions of subsection (b). “(b) Form and Contents of Returns.— The returns required by subsection (a) shall be in such form and shall set. forth, in respect of the foreign corporation, such information as the Secretary or his delegate prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws. “(c) Meaning of Terms.— For the purpose of this section— “(1) United states shareholder.— The term ‘United States shareholder’ includes a citizen or resident of the United States, a domestic corporation, a domestic partnership or an estate or trust (other than an estate or trust the gross income of which under subtitle A includes only income from sources within the United States). “(2) Members of family.— The family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descend-ants. “(d) Cross Reference.— “For provisions relating to penalties for violations of this section, see section 7203.”

3. 1960

   Pub. L. 86–780 § 7(a) · 74 Stat. 1010

   Substituted · 26 U.S.C. § 6046(a)

   Pub. L. 86–780 substituted requirement that returns relating to the creation, organization, or reorganization of foreign corporations be made by every citizen or resident of the United States who was an officer or director of the corporation at any time within 60 days after its creation, organization, or reorganization, and by every United States shareholder of the corporation owning at least 5 percent of its outstanding stock at any time within such 60 days for requirement that every attorney, accountant, fiduciary, bank, trust company, financial institution, or other person, who advises as to the formation or reorganization of a foreign corporation, file a return in accordance with regulations prescribed by the Secretary of the Treasury or his delegate

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–780 substituted requirement that returns relating to the creation, organization, or reorganization of foreign corporations be made by every citizen or resident of the United States who was an officer or director of the corporation at any time within 60 days after its creation, organization, or reorganization, and by every United States shareholder of the corporation owning at least 5 percent of its outstanding stock at any time within such 60 days for requirement that every attorney, accountant, fiduciary, bank, trust company, financial institution, or other person, who advises as to the formation or reorganization of a foreign corporation, file a return in accordance with regulations prescribed by the Secretary of the Treasury or his delegate.

   Enacted provision · exact public law section
   (a) Section 6046 of the Internal Revenue Code of 1954 (relating to information returns as to formation or reorganization of foreign corporations) is amended to read as follows: “SEC. 6046. RETURNS AS TO CREATION OR ORGANIZATION, OR REORGANIZATION, OF FOREIGN CORPORATIONS. “(a) General Rule.— On or before the 90th day after the creation or organization, or reorganization, of any foreign corporation— “(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and “(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation then outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family), shall make a return in compliance with the provisions of subsection (b). “(b) Form and Contents of Returns.— The returns required by subsection (a) shall be in such form and shall set. forth, in respect of the foreign corporation, such information as the Secretary or his delegate prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws. “(c) Meaning of Terms.— For the purpose of this section— “(1) United states shareholder.— The term ‘United States shareholder’ includes a citizen or resident of the United States, a domestic corporation, a domestic partnership or an estate or trust (other than an estate or trust the gross income of which under subtitle A includes only income from sources within the United States). “(2) Members of family.— The family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descend-ants. “(d) Cross Reference.— “For provisions relating to penalties for violations of this section, see section 7203.”

4. 1960

   Pub. L. 86–780 § 7(a) · 74 Stat. 1010

   Struck · 26 U.S.C. § 6046(b)

   Pub. L. 86–780 reenacted the substance of subsec. (b), struck out “to the full extent of the information within the possession or knowledge or under the control of the person required to make the return” before “such information”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–780 reenacted the substance of subsec. (b), struck out “to the full extent of the information within the possession or knowledge or under the control of the person required to make the return” before “such information”.

   Enacted provision · exact public law section
   (a) Section 6046 of the Internal Revenue Code of 1954 (relating to information returns as to formation or reorganization of foreign corporations) is amended to read as follows: “SEC. 6046. RETURNS AS TO CREATION OR ORGANIZATION, OR REORGANIZATION, OF FOREIGN CORPORATIONS. “(a) General Rule.— On or before the 90th day after the creation or organization, or reorganization, of any foreign corporation— “(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and “(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation then outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family), shall make a return in compliance with the provisions of subsection (b). “(b) Form and Contents of Returns.— The returns required by subsection (a) shall be in such form and shall set. forth, in respect of the foreign corporation, such information as the Secretary or his delegate prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws. “(c) Meaning of Terms.— For the purpose of this section— “(1) United states shareholder.— The term ‘United States shareholder’ includes a citizen or resident of the United States, a domestic corporation, a domestic partnership or an estate or trust (other than an estate or trust the gross income of which under subtitle A includes only income from sources within the United States). “(2) Members of family.— The family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descend-ants. “(d) Cross Reference.— “For provisions relating to penalties for violations of this section, see section 7203.”

5. 1960

   Pub. L. 86–780 § 7(a) · 74 Stat. 1010

   1. Inserted · 26 U.S.C. § 6046(c)

      Pub. L. 86–780 inserted the provisions defining United States shareholder and members of family

   2. Struck · 26 U.S.C. § 6046(c)

      Pub. L. 86–780 struck out provision relating to the making of a return by an attorney-at-law with respect to privileged communications

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 86–780 inserted the provisions defining United States shareholder and members of family and struck out provision relating to the making of a return by an attorney-at-law with respect to privileged communications.

   Enacted provision · exact public law section
   (a) Section 6046 of the Internal Revenue Code of 1954 (relating to information returns as to formation or reorganization of foreign corporations) is amended to read as follows: “SEC. 6046. RETURNS AS TO CREATION OR ORGANIZATION, OR REORGANIZATION, OF FOREIGN CORPORATIONS. “(a) General Rule.— On or before the 90th day after the creation or organization, or reorganization, of any foreign corporation— “(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and “(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation then outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family), shall make a return in compliance with the provisions of subsection (b). “(b) Form and Contents of Returns.— The returns required by subsection (a) shall be in such form and shall set. forth, in respect of the foreign corporation, such information as the Secretary or his delegate prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws. “(c) Meaning of Terms.— For the purpose of this section— “(1) United states shareholder.— The term ‘United States shareholder’ includes a citizen or resident of the United States, a domestic corporation, a domestic partnership or an estate or trust (other than an estate or trust the gross income of which under subtitle A includes only income from sources within the United States). “(2) Members of family.— The family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descend-ants. “(d) Cross Reference.— “For provisions relating to penalties for violations of this section, see section 7203.”

6. 1962

   Revenue Act of 1962

   Pub. L. 87–834 § 20(b) · 76 Stat. 960

   Substituted · 26 U.S.C. § 6046

   Pub. L. 87–834 substituted “organization or reorganization of foreign corporations and as to acquisitions of their stock” for “creation or organization, or reorganization, of foreign corporations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 87–834 substituted “organization or reorganization of foreign corporations and as to acquisitions of their stock” for “creation or organization, or reorganization, of foreign corporations” in section catchline.

7. 1962

   Revenue Act of 1962

   Pub. L. 87–834 § 20(b) · 76 Stat. 960

   Amended · 26 U.S.C. § 6046(a)

   Pub. L. 87–834 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 87–834 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

   “(a) General Rule.—On or before the 90th day after the creation or organization, or reorganization, of any foreign corporation— “(1) Each United States citizen or resident who was an officer or director of the corporation at any time within 60 days after the creation or organization, or reorganization thereof, and “(2) Each United States shareholder of the corporation by or for whom, at any time within 60 days after the creation or organization or reorganization of the corporation, 5 percent or more in value of the stock of the corporation outstanding was owned directly or indirectly (including, in the case of an individual, stock owned by members of his family), shall make a return in compliance with the provisions of subsection (b).”

8. 1962

   Revenue Act of 1962

   Pub. L. 87–834 § 20(b) · 76 Stat. 960

   Inserted · 26 U.S.C. § 6046(b)

   Pub. L. 87–834 inserted the exception providing that in the case of persons described only in subsec. (a)(1) the information required shall be limited to the names and addresses of persons described in subsec. (a)(2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–834 inserted the exception providing that in the case of persons described only in subsec. (a)(1) the information required shall be limited to the names and addresses of persons described in subsec. (a)(2).

9. 1962

   Revenue Act of 1962

   Pub. L. 87–834 § 20(b) · 76 Stat. 960

   Substituted · 26 U.S.C. § 6046(c)

   Pub. L. 87–834 substituted provisions requiring, for purposes of subsec. (a), stock owned directly or indirectly by a person (including, in the case of an individual, stock owned by members of his family) to be taken into account for provisions which defined “United States shareholder”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–834 substituted provisions requiring, for purposes of subsec. (a), stock owned directly or indirectly by a person (including, in the case of an individual, stock owned by members of his family) to be taken into account for provisions which defined “United States shareholder”.

10. 1962

    Revenue Act of 1962

    Pub. L. 87–834 § 20(b) · 76 Stat. 960

    1. Added · 26 U.S.C. § 6046(d)(f)

       Pub. L. 87–834 added subsecs. (d) and (e)

    2. Redesignated · 26 U.S.C. § 6046(d)(f)

       Pub. L. 87–834 redesignated former subsec. (d) as (f)

    3. Inserted · 26 U.S.C. § 6046(d)(f)

       Pub. L. 87–834 inserted a reference to section 6679 of this title

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 87–834 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f) and inserted a reference to section 6679 of this title.

11. 1976

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

    Struck · 26 U.S.C. § 6046(b)

    Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–455, § 1906(b)(13)(A), 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”.

12. 1976

    Pub. L. 94–455 § 1906(a)(4) · 90 Stat. 1520

    Struck · 26 U.S.C. § 6046(e)

    Pub. L. 94–455, § 1906(a)(4), struck out provisions relating to the requirement for information to be furnished in the case of liability to file a return under subsec. (a) of this section arising on or after Jan. 1, 1963, and before June 1, 1963, under regulations in effect on or before June 1, 1963

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–455, § 1906(a)(4), struck out provisions relating to the requirement for information to be furnished in the case of liability to file a return under subsec. (a) of this section arising on or after Jan. 1, 1963, and before June 1, 1963, under regulations in effect on or before June 1, 1963.

    Enacted provision · exact public law section
    (4) Amendment of section 6046.— Section 6046(e) (relating to information as to organization of foreign corporation) is amended to read as follows: “(e) Limitation.— No information shall be required to be furnished under this section with respect to any foreign corporation unless such information was required to be furnished under regulations which have been in effect for at least 90 days before the date on which the United States citizen, resident, or person becomes liable to file a return required under subsection (a).”

13. 1982

    Pub. L. 97–248 title III § 341(a) · 96 Stat. 324

    Inserted · 26 U.S.C. § 6046(d)

    Pub. L. 97–248 inserted “(or on or before such later day as the Secretary may by forms or regulations prescribe)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–248 inserted “(or on or before such later day as the Secretary may by forms or regulations prescribe)”.

    Enacted provision · exact public law section
    (a) Foreign Corporations.— Subsection (d) of section 6046 (relating 26 USC 6046. to time for filing returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock) is amended by inserting before the period at the end thereof the following: “(or on or before such later day as the Secretary may by forms or regulations prescribe)”.

14. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 1012(i)(19)(C) · 102 Stat. 3342

    Inserted · 26 U.S.C. § 6046(a)

    Pub. L. 100–647, § 1012(i)(19)(C), inserted sentence at end relating to foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–647, § 1012(i)(19)(C), inserted sentence at end relating to foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c).

    Enacted provision · exact public law section
    (C) Subsection (a) of section 6046 of the 1986 Code is amended by adding at the end thereof the following new sentence: “In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), paragraph (1) shall be treated as including a reference to each United States person who is an officer or director of such corporation.”

15. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 1012(i)(19)(A) · 102 Stat. 3342

    1. Added · 26 U.S.C. § 6046(a)(3); 26 U.S.C. § 6046(a)(4)

       Pub. L. 100–647, § 1012(i)(19)(A), added par. (3)

    2. Redesignated · 26 U.S.C. § 6046(a)(3); 26 U.S.C. § 6046(a)(4)

       Pub. L. 100–647, § 1012(i)(19)(A), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 100–647, § 1012(i)(19)(A), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (A) Subsection (a) of section 6046 of the 1986 Code is amended by striking out “and” at the end of paragraph (2), by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: (3) each person (not described in paragraph (2)) who, at any time after January 1, 1987, is treated as a United States share-holder under section 953(c) with respect to a foreign corporation, and”.

16. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 1012(i)(19)(B) · 102 Stat. 3342

    Substituted · 26 U.S.C. § 6046(b)

    Pub. L. 100–647, § 1012(i)(19)(B), substituted “paragraph (2) or (3) of subsection (a)” for “subsection (a)(2)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–647, § 1012(i)(19)(B), substituted “paragraph (2) or (3) of subsection (a)” for “subsection (a)(2)”.

    Enacted provision · exact public law section
    (B) Subsection (b) of section 6046 of the 1986 Code is amended by striking out “subsection (a)(2)” and inserting in lieu thereof “paragraph (2) or (3) of subsection (a)”.

17. 1997

    Pub. L. 105–34 title XI § 1146(a) · 111 Stat. 788

    Amended · 26 U.S.C. § 6046(a)

    Pub. L. 105–34 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A return complying with the requirements of subsection (b) shall be made by—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–34 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A return complying with the requirements of subsection (b) shall be made by—

    “(1) each United States citizen or resident who is on January 1, 1963, an officer or director of a foreign corporation, 5 percent or more in value of the stock of which is owned by a United States person (as defined in section 7701(a)(30)), or who becomes such an officer or director at any time after such date, “(2) each United States person who on January 1, 1963, owns 5 percent or more in value of the stock of a foreign corporation, or who, at any time after such date— “(A) acquires stock which, when added to any stock owned on January 1, 1963, has a value equal to 5 percent or more of the value of the stock of a foreign corporation, or “(B) acquires an additional 5 percent or more in value of the stock of a foreign corporation, “(3) each person (not described in paragraph (2)) who, at any time after January 1, 1987, is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and “(4) each person who at any time after January 1, 1963, becomes a United States person while owning 5 percent or more in value of the stock of a foreign corporation. In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), paragraph (1) shall be treated as including a reference to each United States person who is an officer or director of such corporation.”

    Enacted provision · exact public law section
    (a) In general.— Subsection (a) of section 6046 (relating to returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock) is amended to read as follows: “(a) Requirement of return.— “(1) In general.— A return complying with the requirements of subsection (b) shall be made by— “(A) each United States citizen or resident who becomes an officer or director of a foreign corporation if a United States person (as defined in section 7701(a)(30)) meets the stock ownership requirements of paragraph (2) with respect to such corporation, “(B) each United States person— “(i) who acquires stock which, when added to any stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, or “(ii) who acquires stock which, without regard to stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, “(C) each person (not described in subparagraph (B)) who is treated as a United States shareholder under section 953(c) with respect to a foreign corporation, and “(D) each person who becomes a United States person while meeting the stock ownership requirements of paragraph (2) with respect to stock of a foreign corporation. In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953(c), subparagraph (A) shall be treated as including a reference to each United States person who is an officer or director of such corporation. “(2) Stock ownership requirements.— A person meets the stock ownership requirements of this paragraph with respect to any corporation if such person owns 10 percent or more of— “(A) the total combined voting power of all classes of stock of such corporation entitled to vote, or “(B) the total value of the stock of such corporation.”.

    Effective date note
    Pub. L. 105–34, title XI, § 1146(b), Aug. 5, 1997, 111 Stat. 986, provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 1998.”

18. 2007

    Tax Technical Corrections Act of 2007

    Pub. L. 110–172 § 11(a)(33) · 121 Stat. 2473

    1. Substituted · 26 U.S.C. § 6046(b)

       Pub. L. 110–172 substituted “subsection (a)(1)(A)” for “subsection (a)(1)”

    2. Substituted · 26 U.S.C. § 6046(b)

       Pub. L. 110–172 substituted “subparagraph (B) or (C) of subsection (a)(1)” for “paragraph (2) or (3) of subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–172 substituted “subsection (a)(1)(A)” for “subsection (a)(1)” and “subparagraph (B) or (C) of subsection (a)(1)” for “paragraph (2) or (3) of subsection (a)”.

    Enacted provision · exact public law section
    (33) Subsection (b) of section 6046 is amended— (A) by striking “subsection (a)(1)” and inserting “subsection (a)(1)(A)”, and (B) by striking “paragraph (2) or (3) of subsection (a)” and inserting “subparagraph (B) or (C) of subsection (a)(1)”.

15 of 23 references resolved to an enrolled provision · 8 partial