Source
(Added Pub. L. 98–611, § 1(d)(1), Oct. 31, 1984, 98 Stat. 3176; amended Pub. L. 99–514, title XI, § 1151(h), title XVIII, § 1879(d)(1), Oct. 22, 1986, 100 Stat. 2507, 2906; Pub. L. 100–647, title I, § 1011B(a)(24), title III, § 3021(a)(15)(A), Nov. 10, 1988, 102 Stat. 3486, 3631; Pub. L. 101–508, title XI, § 11704(a)(24), Nov. 5, 1990, 104 Stat. 1388–519; Pub. L. 105–34, title XVI, § 1601(h)(2)(D)(iii), Aug. 5, 1997, 111 Stat. 1092.)
Codification
Another section
6039D, added
Pub. L. 98–612, § 1(b)(1), Oct. 31, 1984,
98 Stat. 3180, also related to returns and records with respect to certain fringe benefits, prior to repeal by
Pub. L. 99–514, title XVIII, § 1879(d)(2), Oct. 22, 1986,
100 Stat. 2906, 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 repeal relates, see section 1881 of
Pub. L. 99–514, set out as a note under section
48 of this title.
Amendments
1997—Subsec. (d)(1).
Pub. L. 105–34 substituted “129, or 137” for “or 129”.
1990—Subsec. (d)(3).
Pub. L. 101–508 substituted “the employer).” for “the employer)”.
1988—Subsec. (c).
Pub. L. 100–647, § 1011B(a)(24), amended directory language of
Pub. L. 99–514, § 1151(h)(3), see 1986 Amendment note below.
Subsec. (d).
Pub. L. 100–647, § 3021(a)(15)(A)(ii), inserted “and special rules” after “Definitions” in heading.
Subsec. (d)(3).
Pub. L. 100–647, § 3021(a)(15)(A)(i), added par. (3).
1986—Subsec. (a)(6).
Pub. L. 99–514, § 1151(h)(2), added par. (6).
Subsec. (c).
Pub. L. 99–514, § 1151(h)(3), as amended by
Pub. L. 100–647, § 1011B(a)(24), inserted at end “The Secretary may require returns under this subsection only from a representative group of employers.”
Subsec. (d).
Pub. L. 99–514, § 1151(h)(1), amended subsec. (d) generally. Prior to amendment, par. (1) defined a specified fringe benefit plan as (A) any qualified group legal services plan (as defined in section
120), (B) any cafeteria plan (as defined in section
125), and (C) any educational assistance plan (as defined in section
127), and par. (2) defined “applicable exclusion” as meaning (A) section
120 in the case of a qualified legal group services plan, (B) section
125 in the case of a cafeteria plan, and (C) section
127 in the case of an educational assistance plan.
Pub. L. 99–514, § 1879(d)(1), in amending subsec. (d) generally, added subpars. (1)(A) and (2)(A). Former subpars. (1)(A) and (B) and (2)(A) and (B) were redesignated as subpars. (1)(B) and (C) and (2)(B) and (C), respectively.
Effective Date of 1997 Amendment
Amendment by
Pub. L. 105–34 effective as if included in the provisions of the Small Business Job Protection Act of 1996,
Pub. L. 104–188, to which it relates, see section 1601(j) of
Pub. L. 105–34, set out as a note under section
23 of this title.
Effective Date of 1988 Amendment
Amendment by section 1011B(a)(24) of
Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 1019(a) of
Pub. L. 100–647, set out as a note under section
1 of this title.
Section 3021(a)(15)(B) of
Pub. L. 100–647 provided that: “The amendments made by this paragraph [amending this section] shall apply to years beginning after 1984.”
Effective Date of 1986 Amendment
Amendment by section 1151(h) of
Pub. L. 99–514 applicable to years beginning after Dec. 31, 1988, with certain qualifications and exceptions, see section 1151(k) of
Pub. L. 99–514, as amended, set out as a note under section
79 of this title.
Amendment by section 1879(d)(1) 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
Section effective Jan. 1, 1985, see section 1(g)(2) of
Pub. L. 98–611, set out as an Effective Date of 1984 Amendment note under section
127 of this title.
Nonenforcement of Amendment Made by Section 1151 of Pub. L. 99–514 for Fiscal Year 1990
No monies appropriated by
Pub. L. 101–136 to be used to implement or enforce section 1151 of
Pub. L. 99–514 or the amendments made by such section, see section 528 of
Pub. L. 101–136, set out as a note under section
89 of this title.
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 Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.