§6058 — Information required in connection with certain plans of deferred compensation
4 cases·4 cited
Statute Text — 26 U.S.C. §6058
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.
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).
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.
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.
For purposes of this section, the term “special IRP tax” means a tax imposed by—
section 4973, or
section 4974.
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.
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.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §301.6058-1 Information required in connection with certain plans of deferred compensation
- Treas. Reg. §Treas. Reg. §301.6058-1(a) Reporting of information—(1) Annual return.
- Treas. Reg. §Treas. Reg. §301.6058-1(b) Who must file—(1) In general.
- Treas. Reg. §Treas. Reg. §301.6058-1(c) Other rules applicable to annual returns—(1) Extensions of time for filing.
- Treas. Reg. §Treas. Reg. §301.6058-1(d) Special rules for individual retirement arrangements—(1) Application.
- Treas. Reg. §Treas. Reg. §301.6058-1(e) Actuarial statement in case of mergers, etc.
- Treas. Reg. §Treas. Reg. §301.6058-1(f) Effective dates—(1) Section 6058 (a) requirements.
- Treas. Reg. §Treas. Reg. §301.6058-1(i) Establishes or maintains an individual retirement account described in section 408(a) (including an individual who is a participant in an individual retirement account described in section 408(c)).
- Treas. Reg. §Treas. Reg. §301.6058-2 Required use of electronic form for filing requirements relating to information required in connection with certain plans of deferred compensation
- Treas. Reg. §Treas. Reg. §301.6058-2(a) Electronic-filing requirements under section 6058.
- Treas. Reg. §Treas. Reg. §301.6058-2(b) Undue hardship.
- Treas. Reg. §Treas. Reg. §301.6058-2(c) Failure to file.
- Treas. Reg. §Treas. Reg. §301.6058-2(d) Meaning of terms.
- Treas. Reg. §Treas. Reg. §301.6058-2(e) Example.
- Treas. Reg. §Treas. Reg. §301.6058-2(f) Applicability date.
4 Citing Cases
secs. 1021-1031 (2006); sec. 301.6058-1, Proced. & Admin. Regs. The Trust, as a "large welfare plan" (one with 100 or more employee- participants), had to file a Form 5500 for 2002 and include several schedules and attachments--one ofwhich was Schedule H, Financial Information. See 29 U.S.C. sec. 1023(a)(1); 29 C.F.R. secs. 252
secs. 1021-1031 (2006); sec. 301.6058-1, Proced. & Admin. Regs. The Trust, as a "large welfare plan" (one with 100 or more employee- participants), had to file a Form 5500 for 2002 and include several schedules and attachments--one ofwhich was Schedule H, Financial Information. See 29 U.S.C. sec. 1023(a)(1); 29 C.F.R. secs. 252