§6050P — Returns relating to the cancellation of indebtedness by certain entities

Statute Text — 26 U.S.C. §6050P

(a)In general

Any applicable entity which discharges (in whole or in part) the indebtedness of any person during any calendar year shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth—

(1)

the name, address, and TIN of each person whose indebtedness was discharged during such calendar year,

(2)

the date of the discharge and the amount of the indebtedness discharged, and

(3)

such other information as the Secretary may prescribe.

(b)Exception

Subsection (a) shall not apply to any discharge of less than $600.

(c)Definitions and special rules

For purposes of this section—

(1)Applicable entity

The term “applicable entity” means—

(A)

an executive, judicial, or legislative agency (as defined in

section 3701(a)(4) of title 31

, United States Code), and

(B)

an applicable financial entity.

(2)Applicable financial entity

The term “applicable financial entity” means—

(A)

any financial institution described in section 581 or 591(a) and any credit union,

(B)

the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the National Credit Union Administration, and any other Federal executive agency (as defined in section 6050M), and any successor or subunit of any of the foregoing,

(C)

any other corporation which is a direct or indirect subsidiary of an entity referred to in subparagraph (A) but only if, by virtue of being affiliated with such entity, such other corporation is subject to supervision and examination by a Federal or State agency which regulates entities referred to in subparagraph (A), and

(D)

any organization a significant trade or business of which is the lending of money.

(3)Governmental units

In the case of an entity described in paragraph (1)(A) or (2)(B), any return under this section shall be made by the officer or employee appropriately designated for the purpose of making such return.

(d)Statements to be furnished to persons with respect to whom information is required to be furnished

Every applicable entity 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 entity 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 made.

(e)Alternative procedure

In lieu of making a return required under subsection (a), an agency described in subsection (c)(1)(A) may submit to the Secretary (at such time and in such form as the Secretary may by regulations prescribe) information sufficient for the Secretary to complete such a return on behalf of such agency. Upon receipt of such information, the Secretary shall complete such return and provide a copy of such return to such agency.

Treasury Regulations

Treas. Reg. §Treas. Reg. §1.6050P-0 Table of contents
Treas. Reg. §Treas. Reg. §1.6050P-0(a) In general.
Treas. Reg. §Treas. Reg. §1.6050P-0(b) Safe harbors.
Treas. Reg. §Treas. Reg. §1.6050P-0(c) Seller financing.
Treas. Reg. §Treas. Reg. §1.6050P-0(d) Gross income from lending of money.
Treas. Reg. §Treas. Reg. §1.6050P-0(e) Acquisition of an indebtedness from a person other than the debtor included in lending money.
Treas. Reg. §Treas. Reg. §1.6050P-0(f) Test year.
Treas. Reg. §Treas. Reg. §1.6050P-0(g) Predecessor organization.
Treas. Reg. §Treas. Reg. §1.6050P-0(h) Examples.
Treas. Reg. §Treas. Reg. §1.6050P-0(i) Effective date.
Treas. Reg. §Treas. Reg. §1.6050P-0(v) No double reporting.
Treas. Reg. §Treas. Reg. §1.6050P-1 Information reporting for discharges of indebtedness by certain entities
Treas. Reg. §Treas. Reg. §1.6050P-1(a) Reporting requirement—(1) In general.
Treas. Reg. §Treas. Reg. §1.6050P-1(b) Date of discharge—(1) In general.
Treas. Reg. §Treas. Reg. §1.6050P-1(c) Indebtedness.
Treas. Reg. §Treas. Reg. §1.6050P-1(d) Exceptions from reporting requirement—(1) Certain bankruptcy discharges—(i) In general.
Treas. Reg. §Treas. Reg. §1.6050P-1(e) Additional rules—(1) Multiple debtors—(i) In general.
Treas. Reg. §Treas. Reg. §1.6050P-1(f) Requirement to furnish statement—(1) In general.
Treas. Reg. §Treas. Reg. §1.6050P-1(g) Penalties.
Treas. Reg. §Treas. Reg. §1.6050P-1(h) Applicability dates.
Treas. Reg. §Treas. Reg. §1.6050P-1(i) The information required by paragraph (a)(1) of this section.
Treas. Reg. §Treas. Reg. §1.6050P-1(v) No double reporting.
Treas. Reg. §Treas. Reg. §1.6050P-2 Organization a significant trade or business of which is the lending of money
Treas. Reg. §Treas. Reg. §1.6050P-2(a) In general.
Treas. Reg. §Treas. Reg. §1.6050P-2(b) Safe harbors—(1) Organizations not subject to section 6050P in the previous calendar year.

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