Title 26 — Internal Revenue Code
Part III · Chapter 61 — Information and Returns
§ 6058. Information required in connection with certain plans of deferred compensation
Statutory text
In general
Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary may by regulations prescribe with respect to the qualification, financial conditions, and operations of the plan; except that, in the discretion of the Secretary, the employer may be relieved from stating in its return any information which is reported in other returns.
Actuarial statement in case of mergers, etc.
Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12).
Employer
For purposes of this section, the term “employer” includes a person described in section 401(c)(4) and an individual who establishes an individual retirement plan.
Coordination with income tax returns, etc.
An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is—
no special IRP tax, and
no plan activity other than—
the making of contributions (other than rollover contributions), and
the making of distributions.
Special IRP tax defined
For purposes of this section, the term “special IRP tax” means a tax imposed by—
section 4973, or
section 4974.
403(b) multiple employer plans treated as one plan
In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.
Cross references
For provisions relating to penalties for failure to file a return required by this section, see section 6652(e).
For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
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.
Employee Retirement Income Security Act of 1974
Pub. L. 93–406 title II § 1031(a) · 88 Stat. 829
Enacted · 26 U.S.C. § 6058
Added Pub. L. 93–406, title II, § 1031(a), Sept. 2, 1974, 88 Stat. 945
Source evidence
Code source credit
Added Pub. L. 93–406, title II, § 1031(a), Sept. 2, 1974, 88 Stat. 945Enacted provision · exact public law section
(a) Annual Registration and Information Returns.— Part III of subchapter A of chapter 61 (relating to information returns) is amended by adding at the end thereof the following new subpart: “SUBPART E— REGISTRATION OF AND INFORMATION CONCERNING PENSION, ETC., PLANS “Sec. 6057. Annual registration, etc. “Sec. 6058. Information required in connection with certain plans of deferred compensation. “Sec. 6059. Periodic report by actuary. “SEC. 6057. ANNUAL REGISTRATION, ETC. “(a) Annual Registration.— “(1) General Rule.— Within such period after the end of a plan year as the Secretary or his delegate may by regulations prescribe, the plan administrator (within the meaning of section 414(g)) of each plan to which the vesting standards of section 203 Ante, p. 925. Ante, p. 854. of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 applies for such plan year shall file a registration statement with the Secretary or his delegate. “(2) Contents.— The registration statement required by paragraph (1) shall set forth— “(A) the name of the plan, “(B) the name and address of the plan administrator, “(C) the name and taxpayer identifying number of each participant in the plan— “(i) who, during such plan year, separated from the service covered by the plan, “(ii) who is entitled to a deferred vested benefit under the plan as of the end of such plan year, and “(iii) with respect to whom retirement benefits were not paid under the plan during such plan year, “(D) the nature, amount, and form of the deferred vested benefit to which such participant is entitled, and “(E) such other information as the Secretary or his delegate may require. At the time he files the registration statement under this subsection, the plan administrator shall furnish evidence satisfactory to the Secretary or his delegate that he has complied with the requirement contained in subsection (e). “(b) Notification of Change in Status.— Any plan administrator required to register under subsection (a) shall also notify the Secretary or his delegate, at such time as may be prescribed by regulations, of— “(1) any change in the name of the plan, “(2) any change in the name or address of the plan administrator, “(3) the termination of the plan, or “(4) the merger or consolidation of the plan with any other plan or its division into two or more plans. “(c) Voluntary Reports.— To the extent provided in regulations prescribed by the Secretary or his delegate, the Secretary or his delegate may receive from— “(1) any plan to which subsection (a) applies, and “(2) any other plan (including any governmental plan or church plan (within the meaning of section 414)), Ante, p. 925. such information (including information relating to plan years beginning before January 1, 1974) as the plan administrator may wish to file with respect to the deferred vested benefit rights of any participant separated from the service covered by the plan during any plan year. “(d) Transmission of Information to Secretary of Health, Education, and Welfare.— The Secretary or his delegate shall transmit copies of any statements, notifications, reports, or other information obtained by him under this section to the Secretary of Health, Education, and Welfare. “(e) Individual Statement to Participant.— Each plan administrator required to file a registration statement under subsection (a) shall, before the expiration of the time prescribed for the filing of such registration statement, also furnish to each participant described in subsection (a)(2)(C) an individual statement setting forth the information with respect to such participant required to be contained in such registration statement. “(f) Regulations.— “(1) In general.— The Secretary, after consultation with the Secretary of Health, Education, and Welfare, may prescribe such regulations as may be necessary to carry out the provisions of this section. “(2) Plans to which more than one employer contributes.— This section shall apply to any plan to which more than one employer is required to contribute only to the extent provided in regulations prescribed under this subsection. “(g) Cross References.— “For provisions relating to penalties for failure to register or furnish statements required by this section, see section 6652(e) and section 6690. “For coordination between Department of the Treasury and the Department of Labor with regard to administration of this section, see section 3004 of the Employee Retirement Income Security Act of 1974. “SEC. 6058. INFORMATION REQUIRED IN CONNECTION WITH CERTAIN PLANS OF DEFERRED COMPENSATION. “(a) In General.— Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan 26 USC 401. Ante, p. 925. administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary or his delegate may by regulations prescribe with respect to the qualification, financial condition, and operations of the plan; except that, in the discretion of the Secretary or his delegate, the employer may be relieved from stating in its return any information which is reported in other returns. “(b) Actuarial Statement in Case of Mergers, Etc.— Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12). Ante, p. 937. “(c) Employer.— For purposes of this section, the term ‘employer’ includes a person described in section 401(c)(4) and an individual who 26 USC 401. 26 USC 408. establishes an individual retirement account or annuity described in section 408. “(d) Cross References.— “For provisions relating to penalties for failure to file a return required by this section, see section 6652(f). “For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.”.Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 6058(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”.Pub. L. 95–600 title I § 157(k)(1) · 92 Stat. 2763
Substituted · 26 U.S.C. § 6058(c)
Pub. L. 95–600 substituted “an individual retirement plan” for “an individual retirement account or annuity described in section 408”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–600 substituted “an individual retirement plan” for “an individual retirement account or annuity described in section 408”.Enacted provision · exact public law section
(1) In general.— Section 6058 (relating to information 26 USC 6058. required in connection with certain plans of deferred compensation) is amended by redesignating subsection (d) as subsection (f) and by striking out subsection (c) and inserting in lieu thereof the following new subsections. “(c) Employer.— For purposes of this section, the term ‘employer’ includes a person described in section 401(c)(4) and an individual who 26 USC 401. establishes an individual retirement plan. “(d) Coordination With Income Tax Returns, Etc.— An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is— “(1) no special IRP tax, and “(2) no plan activity other than— “(A) the making of contributions (other than rollover contributions), and “(B) the making of distributions. “(e) Special IRP Tax Defined.— For purposes of this section, the term ‘special IRP tax’ means a tax imposed by— “(1) section 408(f), 26 USC 408. “(2) section 409(c), 26 USC 4090. “(3) section 4973, or 26 USC 4973. “(4) section 4974.”. 26 USC 4974.Pub. L. 95–600 title I § 157(k)(1) · 92 Stat. 2763
Added · 26 U.S.C. § 6058(d)(f)
Pub. L. 95–600 added subsecs. (d) and (e)
Redesignated · 26 U.S.C. § 6058(d)(f)
Pub. L. 95–600 redesignated former subsec. (d) as (f)
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 95–600 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).Enacted provision · exact public law section
(1) In general.— Section 6058 (relating to information 26 USC 6058. required in connection with certain plans of deferred compensation) is amended by redesignating subsection (d) as subsection (f) and by striking out subsection (c) and inserting in lieu thereof the following new subsections. “(c) Employer.— For purposes of this section, the term ‘employer’ includes a person described in section 401(c)(4) and an individual who 26 USC 401. establishes an individual retirement plan. “(d) Coordination With Income Tax Returns, Etc.— An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is— “(1) no special IRP tax, and “(2) no plan activity other than— “(A) the making of contributions (other than rollover contributions), and “(B) the making of distributions. “(e) Special IRP Tax Defined.— For purposes of this section, the term ‘special IRP tax’ means a tax imposed by— “(1) section 408(f), 26 USC 408. “(2) section 409(c), 26 USC 4090. “(3) section 4973, or 26 USC 4973. “(4) section 4974.”. 26 USC 4974.Tax Reform Act of 1984
Pub. L. 98–369 div. A title IV § 491(d)(48) · 98 Stat. 494
Struck · 26 U.S.C. § 6058(e)
Pub. L. 98–369 struck out par. (2) which included a tax imposed by section 409(c) within term “special IRP tax”
Redesignated · 26 U.S.C. § 6058(e)
Pub. L. 98–369 redesignated pars. (3) and (4) as (2) and (3), respectively
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–369 struck out par. (2) which included a tax imposed by section 409(c) within term “special IRP tax”, and redesignated pars. (3) and (4) as (2) and (3), respectively.Enacted provision · exact public law section
(48) Subsection (e) of section 6058 is amended by striking out paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.Tax Reform Act of 1986
Pub. L. 99–514 title XV § 1501(d)(1)(D) · 100 Stat. 2085
Substituted · 26 U.S.C. § 6058(f)
Pub. L. 99–514 substituted “section 6652(e)” for “section 6652(f)”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–514 substituted “section 6652(e)” for “section 6652(f)”.Enacted provision · exact public law section
(D) Sections 6047(e)(1) and 6058(f) are each amended by striking out “section 6652(b)” and inserting in lieu thereof “section 6652(e)”.Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 div. U title IV § 401(a)(264) · 132 Stat. 348
Redesignated · 26 U.S.C. § 6058(e)
Pub. L. 115–141 redesignated pars. (2) and (3) as (1) and (2), respectively
Struck · 26 U.S.C. § 6058(e)
Pub. L. 115–141 struck out former par. (1) which read as follows: “section 408(f),”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–141 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “section 408(f),”.Enacted provision · exact public law section
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.Department of Commerce Appropriations Act, 2023
Pub. L. 117–328 div. T title I § 106(c) · 136 Stat. 4459
Added · 26 U.S.C. § 6058(f); 26 U.S.C. § 6058(g)
Pub. L. 117–328 added subsec. (f)
Redesignated · 26 U.S.C. § 6058(f); 26 U.S.C. § 6058(g)
Pub. L. 117–328 redesignated former subsec. (f) as (g)
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 117–328 added subsec. (f) and redesignated former subsec. (f) as (g).Enacted provision · exact public law section
Sec. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.Effective date note
Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, see section 106(h)(1) of Pub. L. 117–328, set out as a note under section 403 of this title.
12 of 12 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 3004 of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (g), is classified to section 1204 of Title 29, Labor.
Amendments1976–2022 · 6 rounds
2022
Subsecs. (f), (g). Pub. L. 117–328 added subsec. (f) and redesignated former subsec. (f) as (g).
2018
Subsec. (e). Pub. L. 115–141 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “section 408(f),”.
1986
Subsec. (f). Pub. L. 99–514 substituted “section 6652(e)” for “section 6652(f)”.
1984
Subsec. (e). Pub. L. 98–369 struck out par. (2) which included a tax imposed by section 409(c) within term “special IRP tax”, and redesignated pars. (3) and (4) as (2) and (3), respectively.
1978
Subsec. (c). Pub. L. 95–600 substituted “an individual retirement plan” for “an individual retirement account or annuity described in section 408”.
Subsecs. (d) to (f). Pub. L. 95–600 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
1976
Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–328 applicable to plan years beginning after , see section 106(h)(1) of Pub. L. 117–328, set out as a note under section 403 of this title.
Effective Date of 1986 Amendment
Amendment by 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.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 applicable to obligations issued after , see section 491(f)(1) of Pub. L. 98–369, set out as a note under section 62 of this title.
Effective Date of 1978 Amendment
Pub. L. 95–600, title I, § 157(k)(3), , 92 Stat. 2809, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to returns for taxable years beginning after . The amendment made by paragraph (2) [amending section 7701 of this title] shall apply to taxable years beginning after .”
Effective Date
Section effective , except that the requirements of subsec. (a) shall apply only with respect to plan years beginning after , see section 1034 of Pub. L. 93–406, set out as a note under section 6057 of this title.
Updated Forms
Pub. L. 117–328, div. T, title I, § 103(c)(2), , 136 Stat. 5285, provided that:
“The Secretary of the Treasury shall amend the forms relating to reports required under section 6058 of the Internal Revenue Code of 1986 to require—
“(A) separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433 of the Internal Revenue Code of 1986 (as added by this section), and
“(B) similar reporting with respect to individual retirement accounts (as defined in section 408 of such Code) and individual retirement annuities (as defined in section 408(b) of such Code).”
[Pub. L. 117–328, div. T, title I, § 103(f), , 136 Stat. 5286, provided that section 103(c)(2) of Pub. L. 117–328, set out above, is applicable to taxable years beginning after .]
Combined Annual Report for Group of Plans
Pub. L. 116–94, div. O, title II, § 202(a)–(c), (e), , 133 Stat. 3162, 3163, as amended by Pub. L. 117–328, div. T, title III, § 345(a), , 136 Stat. 5380, provided that:
“(a) In General.—
The Secretary of the Treasury and the Secretary of Labor shall, in cooperation, modify the returns required under section 6058 of the Internal Revenue Code of 1986 and the reports required by section 104 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024) so that—
“(1) all members of a group of plans described in subsection (c) may file a single aggregated annual return or report satisfying the requirements of both such sections; and
“(2) any opinions required by section 103(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)) shall relate only to each individual plan which would otherwise be subject to the requirements of such section 103(a)(3).
“(b) Administrative Requirements.—
In developing the consolidated return or report under subsection (a), the Secretary of the Treasury and the Secretary of Labor may require such return or report to include any information regarding each plan in the group as such Secretaries determine is necessary or appropriate for the enforcement and administration of the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] and shall require such information as will enable a participant in a plan to identify any aggregated return or report filed with respect to the plan.
“(c) Plans Described.—
A group of plans is described in this subsection if all plans in the group—
“(1) are individual account plans or defined contribution plans (as defined in section 3(34) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(34)) or in section 414(i) of the Internal Revenue Code of 1986);
“(2) have—
“(A) the same trustee (as described in section 403(a) of such Act (29 U.S.C. 1103(a)));
“(B) the same one or more named fiduciaries (as described in section 402(a) of such Act (29 U.S.C. 1102(a)));
“(C) the same administrator (as defined in section 3(16)(A) of such Act (29 U.S.C. 1002(16)(A))) and plan administrator (as defined in section 414(g) of the Internal Revenue Code of 1986); and
“(D) plan years beginning on the same date; and
“(3) provide the same investments or investment options to participants and beneficiaries.
A plan not subject to title I of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] shall be treated as meeting the requirements of paragraph (2) as part of a group of plans if the same person that performs each of the functions described in such paragraph, as applicable, for all other plans in such group performs each of such functions for such plan.
“(e) Effective Date.—
The modification required by subsection (a) shall be implemented not later than , and shall apply to returns and reports for plan years beginning after .”
[Pub. L. 117–328, div. T, title III, § 345(b), , 136 Stat. 5381, provided that: “The amendments made by this section [amending section 202(a) of Pub. L. 116–94, set out above] shall take effect on the date of the enactment of this Act [].”
]
Reporting Simplification
Pub. L. 109–280, title XI, § 1103, , 120 Stat. 1057, provided that:
“(a) Simplified Annual Filing Requirement for Owners and Their Spouses.—
“(1) In general.—
The Secretary of the Treasury shall modify the requirements for filing annual returns with respect to one-participant retirement plans to ensure that such plans with assets of $250,000 or less as of the close of the plan year need not file a return for that year.
“(2) One-participant retirement plan defined.—
For purposes of this subsection, the term ‘one-participant retirement plan’ means a retirement plan with respect to which the following requirements are met:
“(A) on the first day of the plan year—
“(i) the plan covered only one individual (or the individual and the individual’s spouse) and the individual owned 100 percent of the plan sponsor (whether or not incorporated), or
“(ii) the plan covered only one or more partners (or partners and their spouses) in the plan sponsor;
“(B) the plan meets the minimum coverage requirements of section 410(b) of the Internal Revenue Code of 1986 without being combined with any other plan of the business that covers the employees of the business;
“(C) the plan does not provide benefits to anyone except the individual (and the individual’s spouse) or the partners (and their spouses);
“(D) the plan does not cover a business that is a member of an affiliated service group, a controlled group of corporations, or a group of businesses under common control; and
“(E) the plan does not cover a business that uses the services of leased employees (within the meaning of section 414(n) of such Code).
For purposes of this paragraph, the term ‘partner’ includes a 2-percent shareholder (as defined in section 1372(b) of such Code) of an S corporation.
“(3) Other definitions.—
Terms used in paragraph (2) which are also used in section 414 of the Internal Revenue Code of 1986 shall have the respective meanings given such terms by such section.
“(4) Effective date.—
The provisions of this subsection shall apply to plan years beginning on or after .
“(b) Simplified Annual Filing Requirement for Plans With Fewer Than 25 Participants.—
In the case of plan years beginning after , the Secretary of the Treasury and the Secretary of Labor shall provide for the filing of a simplified annual return for any retirement plan which covers less than 25 participants on the first day of a plan year and which meets the requirements described in subparagraphs (B), (D), and (E) of subsection (a)(2).”
Credits
1974–2022 · 7 acts
- 1974Added Pub. L. 93–406, title II, § 1031(a), , 88 Stat. 945
- 1976amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
- 1978Pub. L. 95–600, title I, § 157(k)(1), , 92 Stat. 2809
- 1984Pub. L. 98–369, div. A, title IV, § 491(d)(48), , 98 Stat. 852
- 1986Pub. L. 99–514, title XV, § 1501(d)(1)(D), , 100 Stat. 2740
- 2018Pub. L. 115–141, div. U, title IV, § 401(a)(264), , 132 Stat. 1197
- 2022Pub. L. 117–328, div. T, title I, § 106(c), , 136 Stat. 5287.
Show as published
(Added Pub. L. 93–406, title II, § 1031(a), , 88 Stat. 945; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 95–600, title I, § 157(k)(1), , 92 Stat. 2809; Pub. L. 98–369, div. A, title IV, § 491(d)(48), , 98 Stat. 852; Pub. L. 99–514, title XV, § 1501(d)(1)(D), , 100 Stat. 2740; Pub. L. 115–141, div. U, title IV, § 401(a)(264), , 132 Stat. 1197; Pub. L. 117–328, div. T, title I, § 106(c), , 136 Stat. 5287.)