Source
(Aug. 16, 1954, ch. 736, 68A Stat. 747; Aug. 1, 1956, ch. 837, title IV, § 412, 70 Stat. 879; Pub. L. 87–293, title II, § 202(a)(4), Sept. 22, 1961, 75 Stat. 626; Pub. L. 89–97, title I, § 107, title III, § 313(e)(1), July 30, 1965, 79 Stat. 337, 384; Pub. L. 90–248, title V, § 502(c)(1), (2), Jan. 2, 1968, 81 Stat. 934; Pub. L. 91–172, title VIII, § 805(f)(2), Dec. 30, 1969, 83 Stat. 708; Pub. L. 92–603, title II, § 293(a)–(c), Oct. 30, 1972, 86 Stat. 1459; Pub. L. 93–406, title II, § 1022(k), Sept. 2, 1974, 88 Stat. 943; Pub. L. 94–455, title XIX, § 1906(a)(5), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L. 95–216, title III, § 317(b)(3), Dec. 20, 1977, 91 Stat. 1540; Pub. L. 95–600, title I, § 105(c), Nov. 6, 1978, 92 Stat. 2776; Pub. L. 96–601, § 4(e), Dec. 24, 1980, 94 Stat. 3497; Pub. L. 97–248, title III, §§ 307(a)(7),
308
(a), Sept. 3, 1982, 96 Stat. 589, 591; Pub. L. 97–362, title I, § 107(a), Oct. 25, 1982, 96 Stat. 1731; Pub. L. 98–67, title I, § 102(a), Aug. 5, 1983, 97 Stat. 369; Pub. L. 99–514, title XI, § 1105(b), Oct. 22, 1986, 100 Stat. 2419; Pub. L. 100–647, title I, §§ 1011B(c)(2)(B),
1018
(u)(33), Nov. 10, 1988, 102 Stat. 3489, 3592; Pub. L. 103–465, title VII, § 721(b), Dec. 8, 1994, 108 Stat. 5002; Pub. L. 104–191, title III, § 301(c)(3), Aug. 21, 1996, 110 Stat. 2049; Pub. L. 106–554, § 1(a)(7) [title II, § 202(a)(9)], Dec. 21, 2000, 114 Stat. 2763, 2763A–629; Pub. L. 107–16, title VI, § 617(d)(1), June 7, 2001, 115 Stat. 105; Pub. L. 108–173, title XII, § 1201(d)(3), Dec. 8, 2003, 117 Stat. 2477; Pub. L. 108–357, title VIII, § 885(b)(1), Oct. 22, 2004, 118 Stat. 1639.)
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
References in Text
The Peace Corps Act, referred to in subsec. (a), is
Pub. L. 87–293, Sept. 22, 1961,
75 Stat. 612, as amended, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section
2501 of Title
22 and Tables.
The Social Security Act, referred to in subsecs. (c) and (e)(2)(C), is act Aug. 14, 1935, ch. 531,
49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act is classified to part A (§ 1395c et seq.) of subchapter
XVIII of chapter
7 of Title
42. For complete classification of this Act to the Code, see section
1305 of Title
42 and Tables.
Amendments
2004—Subsec. (a).
Pub. L. 108–357, § 885(b)(1)(B), inserted at end of concluding provisions “In the case of the amounts required to be shown by paragraph (13), the Secretary may (by regulation) establish a minimum amount of deferrals below which paragraph (13) does not apply.”
Subsec. (a)(13).
Pub. L. 108–357, § 885(b)(1)(A), added par. (13).
2003—Subsec. (a)(12).
Pub. L. 108–173 added par. (12).
2001—Subsec. (a)(8).
Pub. L. 107–16, §§ 617(d)(1),
901, temporarily inserted “, including the amount of designated Roth contributions (as defined in section
402A)” before comma at end. See Effective and Termination Dates of 2001 Amendment note below.
2000—Subsec. (a)(11).
Pub. L. 106–554 substituted “Archer MSA” for “medical savings account”.
1996—Subsec. (a)(11).
Pub. L. 104–191 added par. (11).
1994—Subsec. (a)(10).
Pub. L. 103–465 added par. (10).
1988—Subsec. (a)(7).
Pub. L. 100–647, § 1018(u)(33), inserted a comma at end.
Subsec. (a)(9).
Pub. L. 100–647, § 1011B(c)(2)(B), added par. (9).
1986—Subsec. (a)(8).
Pub. L. 99–514 added par. (8).
1983—Subsec. (f)(1)(A).
Pub. L. 98–67 repealed amendments made by
Pub. L. 97–248. See 1982 Amendment note below.
1982—Subsec. (a).
Pub. L. 97–362 substituted “within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31” for “on the day on which the last payment of remuneration is made”.
Subsec. (f)(1)(A).
Pub. L. 97–248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, par. (1)(A) is amended by inserting “subchapter A of” before “chapter 24”. Section 102(a), (b) of
Pub. L. 98–67, title I, Aug. 5, 1983,
97 Stat. 369, repealed subtitle A (§§ 301–308) of title III of
Pub. L. 97–248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
1980—Subsec. (f).
Pub. L. 96–601 added subsec. (f).
1978—Subsec. (a)(7).
Pub. L. 95–600 added par. (7).
1977—Subsec. (a).
Pub. L. 95–216 directed that the amounts required to be shown by par. (5) shall not include wages which are exempted pursuant to sections
3101
(c) and
3111
(c) from the taxes imposed by sections
3101 and
3111.
1976—Subsec. (a).
Pub. L. 94–455, § 1906(a)(5), struck out “and” at end of par. (6), necessitating no change in text, due to
Pub. L. 92–603, which made identical amendment in 1972.
Subsecs. (c), (d).
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
1974—Subsec. (a).
Pub. L. 93–406 inserted “or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash,” after “exemption,”.
1972—Subsec. (a).
Pub. L. 92–603, § 293(a), struck out reference to section
3201 of this title in introductory text, par. (7), which required written statement to contain total amount of compensation with respect to which tax imposed by section
3201 was deducted, and par. (8), which required written statement to contain total amount deducted as tax under section
3201.
Subsec. (c).
Pub. L. 92–603, § 293(b), struck out reference to section
3201 of this title.
Subsec. (e).
Pub. L. 92–603, § 293(c), added subsec. (e).
1969—Subsec. (a).
Pub. L. 91–172 inserted “(determined without regard to subsection (n))” after “withhold a tax under section
3402” in introductory provisions.
1968—Subsec. (a).
Pub. L. 90–248, § 502(c)(1), included reference to section
3201 in introductory provisions and added pars. (7) and (8).
Subsec. (c).
Pub. L. 90–248, § 502(c)(2), included reference to section
3201 in second sentence.
1965—Subsec. (a).
Pub. L. 89–97, § 313(e)(1), inserted last sentence providing for inclusion of tips received by an employee in the course of his employment.
Subsec. (c).
Pub. L. 89–97, § 107, required the statements to show the proportion of the total amount withheld as tax under section
3101 which is for financing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act.
1961—Subsec. (a).
Pub. L. 87–293 provided a special rule with respect to the information to be contained on employees’ tax receipts in the case of remuneration paid to volunteers and volunteer leaders in the Peace Corps.
1956—Subsec. (a). Act Aug. 1, 1956, § 412(a), inserted provisions prescribing contents of statement in the case of compensation paid for service as a member of the uniformed services.
Subsec. (b). Act Aug. 1, 1956, § 412(b), required the furnishing of a statement if during the calendar year any amount was required to be withheld as tax under section
3101 of this title.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–357 applicable to amounts deferred after Dec. 31, 2004, with special rules relating to earnings and material modifications and exception for nonelective deferred compensation, see section 885(d) of
Pub. L. 108–357, set out as an Effective Date note under section
409A of this title.
Effective Date of 2003 Amendment
Amendment by
Pub. L. 108–173 applicable to taxable years beginning after Dec. 31, 2003, see section 1201(k) of
Pub. L. 108–173, set out as a note under section
62 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2005, see section 617(f) of
Pub. L. 107–16, set out as a note under section
402 of this title.
Amendment by
Pub. L. 107–16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–191 applicable to taxable years beginning after Dec. 31, 1996, see section 301(j) of
Pub. L. 104–191, set out as a note under section
62 of this title.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–465 applicable to remuneration paid after Dec. 31, 1994, see section 721(d)(2) of
Pub. L. 103–465, set out as a note under section
3507 of this title.
Effective Date of 1988 Amendment
Amendment by section 1011B(c)(2)(B) of
Pub. L. 100–647 applicable to taxable years beginning after Dec. 31, 1987, see section 1011B(c)(2)(C) of
Pub. L. 100–647, set out as a note under section
129 of this title.
Amendment by section 1018(u)(33) 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.
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–514 applicable to calendar years beginning after Dec. 31, 1986, but not applicable to employer contributions made during 1987 and attributable to services performed during 1986 under qualified cash or deferred arrangement (as defined in section
401
(k) of this title) if, under terms of such arrangement as in effect on Aug. 16, 1986, employee makes election with respect to such contribution before Jan. 1, 1987, and employer identifies amount of such contribution before Jan. 1, 1987, see section 1105(c)(5), (6) of
Pub. L. 99–514, as amended, set out as a note under section
402 of this title.
Effective Date of 1982 Amendment
Section 107(b) of
Pub. L. 97–362 provided that: “The amendments made by this section [amending this section] shall apply with respect to employees whose employment is terminated after the date of the enactment of this Act [Oct. 25, 1982].”
Effective Date of 1980 Amendment
Amendment by
Pub. L. 96–601 applicable to payments made on or after first day of first calendar month beginning more than 120 days after Dec. 24, 1980, see section 4(f) of
Pub. L. 96–601, set out as a note under section
3402 of this title.
Effective Date of 1978 Amendment
Amendment by
Pub. L. 95–600 effective with respect to remuneration paid after June 30, 1979, see section 105(g)(2) of
Pub. L. 95–600, set out as an Effective Date note under section
3507 of this title.
Effective Date of 1974 Amendment
Amendment by
Pub. L. 93–406 applicable to plan years to which part I of subtitle A of title II of
Pub. L. 93–406 applies, see section 1024 of
Pub. L. 93–406, set out as a note under section
401 of this title. For description of the plan years to which part I applies, see section 1017 of
Pub. L. 93–406, set out as an Effective Date; Transitional Rules note under section
410 of this title.
Effective Date of 1972 Amendment
Section 293(d) of
Pub. L. 92–603 provided that: “The amendments made by this section [amending this section] shall apply in respect to remuneration paid after December 31, 1971.”
Effective Date of 1969 Amendment
Amendment by
Pub. L. 91–172 applicable to wages paid after Apr. 30, 1970, see section 805(h) of
Pub. L. 91–172, set out as a note under section
3402 of this title.
Effective Date of 1968 Amendment
Section 502(c)(3) of
Pub. L. 90–248 provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall apply in respect of remuneration paid after December 31, 1967.”
Effective Date of 1965 Amendment
Amendment by section 313(e)(1) of
Pub. L. 89–97 applicable only with respect to tips received by employees after 1965, see section 313(f) of
Pub. L. 89–97, set out as an Effective Date note under section
6053 of this title.
Effective Date of 1961 Amendment
Amendment by
Pub. L. 87–293 applicable with respect to service performed after Sept. 22, 1961, but in the case of persons serving under the Peace Corps agency established by executive order applicable with respect to service performed on or after the effective date of enrollment, see section 202(c) of
Pub. L. 87–293, set out as a note under section
3121 of this title.
Effective Date of 1956 Amendment
Amendment by act Aug. 1, 1956, effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.
Repeals; Amendments and Application of Amendments Unaffected
Section 202(a)(4) of
Pub. L. 87–293, cited as a credit to this section, was repealed by
Pub. L. 89–572, § 5(a), Sept. 13, 1966,
80 Stat. 765. Such repeal not deemed to affect amendments to this section contained in such provisions, and continuation in full force and effect until modified by appropriate authority of all determinations, authorization, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the repealed provisions, see section 5(b) of
Pub. L. 89–572, set out as a note under section
2515 of Title
22, Foreign Relations and Intercourse.
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.