26 U.S.C. § 6039D : US Code - Section 6039D: Returns and records with respect to certain fringe benefit plans

Search 26 U.S.C. § 6039D : US Code - Section 6039D: Returns and records with respect to certain fringe benefit plans

(a) In general
Every employer maintaining a specified fringe benefit plan during
any year beginning after December 31, 1984, for any portion of
which the applicable exclusion applies, shall file a return (at
such time and in such manner as the Secretary shall by regulations
prescribe) with respect to such plan showing for such year -
(1) the number of employees of the employer,
(2) the number of employees of the employer eligible to
participate under the plan,
(3) the number of employees participating under the plan,
(4) the total cost of the plan during the year,
(5) the name, address, and taxpayer identification number of
the employer and the type of business in which the employer is
engaged, and
(6) the number of highly compensated employees among the
employees described in paragraphs (1), (2), and (3).
(b) Recordkeeping requirement
Each employer maintaining a specified fringe benefit plan during
any year shall keep such records as may be necessary for purposes
of determining whether the requirements of the applicable exclusion
are met.
(c) Additional information when required by the Secretary
Any employer -
(1) who maintains a specified fringe benefit plan during any
year for which a return is required under subsection (a), and
(2) who is required by the Secretary to file an additional
return for such year,
shall file such additional return. Such additional return shall be
filed at such time and in such manner as the Secretary shall
prescribe and shall contain such information as the Secretary shall
prescribe. The Secretary may require returns under this subsection
only from a representative group of employers.
(d) Definitions and special rules
For purposes of this section -
(1) Specified fringe benefit plan
The term "specified fringe benefit plan" means any plan under
section 79, 105, 106, 120, 125, 127, 129, or 137.
(2) Applicable exclusion
The term "applicable exclusion" means, with respect to any
specified fringe benefit plan, the section specified under
paragraph (1) under which benefits under such plan are excludable
from gross income.
(3) Special rule for multiemployer plans
In the case of a multiemployer plan, the plan shall be required
to provide any information required by this section which the
Secretary determines, on the basis of the agreement between the
plan and employer, is held by the plan (and not the employer).