26 USC 6707 - Failure to furnish information regarding reportable transactions

Editorial Notes

Amendments

2004—Puspan. L. 108–357 amended section catchline and text generally, substituting provisions relating to penalty for failure to furnish information regarding reportable transactions for provisions relating to penalty for failure to furnish information regarding tax shelters.

1997—Subsec. (a)(1). Puspan. L. 105–34, § 1028(d)(2), which directed the substitution of “paragraph (2) or (3), as the case may be” for “paragraph (2)” in subpar. (A) of par. (1), was executed by making the substitution in the concluding provisions of par. (1) to reflect the probable intent of Congress.

Subsec. (a)(2). Puspan. L. 105–34, § 1028(d)(1), substituted “Except as provided in paragraph (3), the penalty” for “The penalty”.

Subsec. (a)(3). Puspan. L. 105–34, § 1028(span), added par. (3).

1986—Subsec. (a)(2). Puspan. L. 99–514, § 1532(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The penalty imposed under paragraph (1) with respect to any tax shelter shall be an amount equal to the greater of—

“(A) $500, or

“(B) the lesser of (i) 1 percent of the aggregate amount invested in such tax shelter, or (ii) $10,000.

The $10,000 limitation in subparagraph (B) shall not apply where there is an intentional disregard of the requirements of section 6111(a).”

Subsec. (span)(2). Puspan. L. 99–514, § 1533(a), substituted “$250” for “$50”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Puspan. L. 108–357, title VIII, § 816(c), Oct. 22, 2004, 118 Stat. 1584, provided that:

“The amendments made by this section [amending this section] shall apply to returns the due date for which is after the date of the enactment of this Act [Oct. 22, 2004].”

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–34 applicable to any tax shelter, as defined in section 6111(d) of this title, interests in which are offered to potential participants after Secretary of the Treasury prescribes guidance with respect to meeting requirements added by amendments made by Puspan. L. 105–34, § 1028, see section 1028(e) of Puspan. L. 105–34, set out as a note under section 6111 of this title.

Effective Date of 1986 Amendment

Puspan. L. 99–514, title XV, § 1532(span), Oct. 22, 1986, 100 Stat. 2750, provided that:

“The amendment made by this section [amending this section] shall apply to failures with respect to tax shelters interests in which are first offered for sale after the date of the enactment of this Act [Oct. 22, 1986].”

Puspan. L. 99–514, title XV, § 1533(span), Oct. 22, 1986, 100 Stat. 2750, provided that:

“The amendment made by this section [amending this section] shall apply to returns filed after the date of the enactment of this Act [Oct 22, 1986].”

Effective Date

Section applicable to tax shelters (within the meaning of section 6111 of this title), any interest in which is first sold to any investor after Aug. 31, 1984, see section 141(d) of Puspan. L. 98–369, set out as a note under section 6111 of this title.