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Title 26 — Internal Revenue Code

Part III · Chapter 61 — Information and Returns

§ 6050K. Returns relating to exchanges of certain partnership interests

Statutory text

(a)

In general

Except as provided in regulations prescribed by the Secretary, if there is an exchange described in section 751(a) of any interest in a partnership during any calendar year, such partnership shall make a return for such calendar year stating—

(1)

the name and address of the transferee and transferor in such exchange, and

(2)

such other information as the Secretary may by regulations prescribe.

Such return shall be made at such time and in such manner as the Secretary may require by regulations.

(b)

Statements to be furnished to transferor and transferee

Every partnership required to make a return under subsection (a) shall furnish to each person 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 partnership required to make such return, and

(2)

the information required to be shown on the return with respect to such person.

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

(c)

Requirement that transferor notify partnership

(1)

In general

In the case of any exchange described in subsection (a), the transferor of the partnership interest shall promptly notify the partnership of such exchange.

(2)

Partnership not required to make return until notice

A partnership shall not be required to make a return under this section with respect to any exchange until the partnership is notified of such exchange.

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. Tax Reform Act of 1984

    Pub. L. 98–369 div. A title I § 149(a) · 98 Stat. 494

    Enacted · 26 U.S.C. § 6050K

    Added Pub. L. 98–369, div. A, title I, § 149(a), July 18, 1984, 98 Stat. 689

    Source evidence

    Code source credit
    Added Pub. L. 98–369, div. A, title I, § 149(a), July 18, 1984, 98 Stat. 689

    Enacted provision · exact public law section
    (a) In General.— Subpart B of part III of subchapter A of chapter 61 (relating to information and returns) is amended by adding at the end thereof the following new section. “SEC. 6050K. RETURNS RELATING TO EXCHANGES OF CERTAIN PARTNERSHIP INTERESTS. “(a) In General.— Except as provided in regulations prescribed by the Secretary, if there is an exchange described in section 751(a) of any interest in a partnership during any calendar year, such partnership shall make a return for such calendar year stating— “(1) the name and address of the transferee and transferor in such exchange, and “(2) such other information as the Secretary may by regulations prescribe. Such return shall be made at such time and in such manner as the Secretary may require by regulations. “(b) Statement To Be Furnished to Transferor and Transferee.— Every partnership making a return under subsection (a) shall furnish to each person whose name is set forth in such return a written statement showing— “(1) the name and address of the partnership making the return, and “(2) the information shown on the return with respect to such person. The statement required under the preceding sentence shall be furnished to the person on or before January 31 following the calendar year for which the return under subsection (a) was made. “(c) Requirement That Transferor Notify Partnership.— “(1) In general.— In the case of any exchange described in subsection (a), the transferor of the partnership interest shall promptly notify the partnership of such exchange. “(2) Partnership not required to make return until notice.— A partnership shall not be required to make a return under this subsection with respect to any exchange until the partnership is notified of such exchange.”

  2. Tax Reform Act of 1986

    Pub. L. 99–514 § 1501(c)(13) · 100 Stat. 2085

    1. Changed · 26 U.S.C. § 6050K(b)

      Pub. L. 99–514, § 1501(c)(13), in amending subsec. (b) generally

    2. Substituted · 26 U.S.C. § 6050K(b)

      Pub. L. 99–514, § 1501(c)(13), in substituted references to partnerships required to make a return for former references to partnerships 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–514, § 1501(c)(13), in amending subsec. (b) generally, substituted references to partnerships required to make a return for former references to partnerships 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.

    Enacted provision · exact public law section
    (13) Subsection (b) of section 6050K is amended to read as follows: “(b) Statements To Be Furnished to Transferor and Transferee.— Every partnership required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing— “(1) the name and address of the partnership required to make such return, and “(2) the information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.”

  3. Tax Reform Act of 1986

    Pub. L. 99–514 § 1811(b)(2) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 6050K(c)(2)

    Pub. L. 99–514, § 1811(b)(2), substituted “this section” for “this subsection”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 99–514, § 1811(b)(2), substituted “this section” for “this subsection”.

    Enacted provision · exact public law section
    (2) Returns relating to certain partnership interests.— Paragraph (2) of section 6050K(c) (relating to requirement that transferor notify partnership) is amended by striking out “this subsection” and inserting in lieu thereof “this section”.

  4. Taxpayer Bill of Rights 2

    Pub. L. 104–168 title XII § 1201(a)(11) · 110 Stat. 1452

    Substituted · 26 U.S.C. § 6050K(b)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (11) Section 6050K(b)(1).

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

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1986–1996 · 2 rounds

1996

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

1986

Subsec. (b). Pub. L. 99–514, § 1501(c)(13), in amending subsec. (b) generally, substituted references to partnerships required to make a return for former references to partnerships 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.

Subsec. (c)(2). Pub. L. 99–514, § 1811(b)(2), substituted “this section” for “this subsection”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

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

Effective Date of 1986 Amendment

Amendment by section 1501(c)(13) of Pub. L. 99–514 applicable to returns the due date for which (determined without regard to extensions) is after , see section 1501(e) of Pub. L. 99–514, set out as an Effective Date note under section 6721 of this title.

Amendment by section 1811(b)(2) of Pub. L. 99–514 applicable to partnership taxable years beginning after , see section 1811(b)(1)(B) of Pub. L. 99–514, set out as a note under section 6031 of this title.

Amendment by section 1811(b)(2) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.

Effective Date

Pub. L. 98–369, div. A, title I, § 149(d), , 98 Stat. 690, provided that: “The amendments made by this section [enacting this section and amending sections 6652 and 6678 of this title] shall apply with respect to exchanges after .”

Plan Amendments Not Required Until January 1, 1989

For 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 Pub. L. 99–514 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 section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.

Credits

1984–1996 · 3 acts
  1. 1984Added Pub. L. 98–369, div. A, title I, § 149(a), , 98 Stat. 689
  2. 1986amended Pub. L. 99–514, title XV, § 1501(c)(13), title XVIII, § 1811(b)(2), , 100 Stat. 2739, 2833
  3. 1996Pub. L. 104–168, title XII, § 1201(a)(11), , 110 Stat. 1470.
Show as published

(Added Pub. L. 98–369, div. A, title I, § 149(a), , 98 Stat. 689; amended Pub. L. 99–514, title XV, § 1501(c)(13), title XVIII, § 1811(b)(2), , 100 Stat. 2739, 2833; Pub. L. 104–168, title XII, § 1201(a)(11), , 110 Stat. 1470.)

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