Source
(Added Pub. L. 93–406, title II, § 2002(f), Sept. 2, 1974, 88 Stat. 967; amended Pub. L. 96–222, title I, § 101(a)(10)(H), Apr. 1, 1980, 94 Stat. 203; Pub. L. 98–369, div. A, title I, § 147(b), July 18, 1984, 98 Stat. 687; Pub. L. 99–514, title XI, § 1102(d)(1), (2)(A), (B), Oct. 22, 1986, 100 Stat. 2416; Pub. L. 100–647, title I, § 1011(b)(4)(A), (B)(i), Nov. 10, 1988, 102 Stat. 3456, 3457; Pub. L. 104–188, title I, §§ 1421(b)(4)(B),
1455
(d)(3), Aug. 20, 1996, 110 Stat. 1796, 1818; Pub. L. 104–191, title III, § 301(g), Aug. 21, 1996, 110 Stat. 2052; Pub. L. 105–34, title II, §§ 211(e)(2)(B), (C),
213
(c), title XVI, §§ 1601(d)(1)(C)(ii),
1602
(a)(4), Aug. 5, 1997, 111 Stat. 812, 816, 1087, 1094; Pub. L. 105–277, div. J, title IV, § 4006(c)(4), Oct. 21, 1998, 112 Stat. 2681–913; Pub. L. 106–554, § 1(a)(7) [title II, § 202(b)(2)(E)], Dec. 21, 2000, 114 Stat. 2763, 2763A–629; Pub. L. 107–16, title IV, § 402(a)(4)(A), June 7, 2001, 115 Stat. 60; Pub. L. 107–22, § 1(b)(2)(C), July 26, 2001, 115 Stat. 197; Pub. L. 108–173, title XII, § 1201(g), Dec. 8, 2003, 117 Stat. 2479.)
Amendments
2003—Subsec. (a)(2)(C) to (E).
Pub. L. 108–173 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
2001—Subsec. (a)(2)(C).
Pub. L. 107–16 substituted “qualified tuition” for “qualified State tuition”.
Subsec. (a)(2)(D).
Pub. L. 107–22 substituted “Coverdell education savings” for “education individual retirement”.
2000—Subsec. (a)(2)(B).
Pub. L. 106–554 substituted “Archer MSAs” for “medical savings accounts”.
1998—Subsec. (a)(2)(C), (D).
Pub. L. 105–277 substituted “section” for “Section”.
1997—
Pub. L. 105–34, § 211(e)(2)(C), substituted “certain tax-favored” for “individual retirement” in section catchline.
Subsec. (a).
Pub. L. 105–34, § 1602(a)(4), inserted concluding provisions.
Subsec. (a)(2)(C).
Pub. L. 105–34, § 211(e)(2)(B), added subpar. (C).
Subsec. (a)(2)(D).
Pub. L. 105–34, § 213(c), added subpar. (D).
Subsec. (c)(2).
Pub. L. 105–34, § 1601(d)(1)(C)(ii), inserted “and issuer” before “penalties” in heading and “or issuer” before “who fails” in introductory provisions.
1996—Subsec. (a).
Pub. L. 104–191 inserted heading and amended text generally. Prior to amendment, text read as follows: “The person required by subsection (i) or (l) of section
408 to file a report regarding an individual retirement account or individual retirement annuity at the time and in the manner required by such subsection shall pay a penalty of $50 for each failure unless it is shown that such failure is due to reasonable cause. This subsection shall not apply to any report which is an information return described in section
6724
(d)(1)(C)(i) or a payee statement described in section
6724
(d)(2)(W).”
Pub. L. 104–188, § 1455(d)(3), inserted at end “This subsection shall not apply to any report which is an information return described in section
6724
(d)(1)(C)(i) or a payee statement described in section
6724
(d)(2)(W).”
Subsecs. (c), (d).
Pub. L. 104–188, § 1421(b)(4)(B), added subsec. (c) and redesignated former subsec. (c) as (d).
1988—
Pub. L. 100–647, § 1011(b)(4)(B)(i), substituted “penalties relating to” for “overstatement of” in section catchline.
Subsec. (b).
Pub. L. 100–647, § 1011(b)(4)(A), substituted “Penalties relating to” for “Overstatement of designated” in heading and amended text generally. Prior to amendment, text read as follows: “Any individual who—
“(1) is required to furnish information under section
408
(o)(4) as to the amount of designated nondeductible contributions made for any taxable year, and
“(2) overstates the amount of such contributions made for such taxable year,
shall pay a penalty of $100 for each such overstatement unless it is shown that such overstatement is due to reasonable cause.”
1986—
Pub. L. 99–514, § 1102(d)(2)(B), inserted “; overstatement of designated nondeductible contributions” in section catchline.
Subsec. (b).
Pub. L. 99–514, § 1102(d)(1), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c).
Pub. L. 99–514, § 1102(d)(1), (2)(A), redesignated former subsec. (b) as (c) and substituted “this section” for “subsection (a)”.
1984—Subsec. (a).
Pub. L. 98–369 substituted “$50” for “$10”.
1980—Subsec. (a).
Pub. L. 96–222 substituted “subsection (i) or (l) of section
408 to file” for “section
408
(i) to file”, and “such subsection shall pay” for “section
408
(i) shall pay”.
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 Date of 2001 Amendments
Amendment by
Pub. L. 107–22 effective July 26, 2001, see section 1(c) of
Pub. L. 107–22, set out as an Effective and Termination Dates of 2001 Amendment note under section
26 of this title.
Amendment by
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 402(h) of
Pub. L. 107–16, set out as a note under section
72 of this title.
Effective Date of 1997 Amendment
Amendment by section 211(e)(2)(B), (C) of
Pub. L. 105–34 effective Jan. 1, 1998, see section 211(f) of
Pub. L. 105–34, set out as a note under section
529 of this title.
Amendment by section 213(c) of
Pub. L. 105–34 applicable to taxable years beginning after Dec. 31, 1997, see section 213(f) of
Pub. L. 105–34, set out as a note under section
26 of this title.
Amendment by section 1601(d)(1)(C)(ii) of
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.
Amendment by section 1602(a)(4) of
Pub. L. 105–34 effective as if included in the provisions of the Health Insurance Portability and Accountability Act of 1996,
Pub. L. 104–191, to which such amendment relates, see section 1602(i) of
Pub. L. 105–34, set out as a note under section
26 of this title.
Effective Date of 1996 Amendments
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.
Amendment by section 1421(b)(4)(B) of
Pub. L. 104–188 applicable to taxable years beginning after Dec. 31, 1996, see section 1421(e) of
Pub. L. 104–188, set out as a note under section
72 of this title.
Amendment by section 1455(d)(3) of
Pub. L. 104–188 applicable to returns, reports, and other statements the due date for which (determined without regard to extensions) is after Dec. 31, 1996, see section 1455(e) of
Pub. L. 104–188, set out as a note under section
408 of this title.
Effective Date of 1988 Amendment
Amendment by
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 contributions and distributions for taxable years beginning after Dec. 31, 1986, see section 1102(g) of
Pub. L. 99–514, set out as a note under section
219 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369 applicable to failures occurring after July 18, 1984, see section 147(d)(2) of
Pub. L. 98–369, set out as a note under section
219 of this title.
Effective Date of 1980 Amendment
Section 101(b)(1)(F) of
Pub. L. 96–222 provided that: “The amendment made by subparagraph (I) of subsection (a)(10) [probably means subpar. (H) of subsec. (a)(10), which amended this section] shall apply with respect to failures occuring [sic] after the date of the enactment of this Act [Apr. 1, 1980].”
Effective Date
Section effective Jan. 1, 1975, see section 2002(i)(2) of
Pub. L. 93–406, set out as a note under section
4973 of this title.
Plan Amendments Not Required Until January 1, 1998
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of
Pub. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of
Pub. L. 104–188, set out as a note under section
401 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.