Internal Revenue Code · 26 U.S.C.
§ 6037. Return of S corporation
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 6037
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- September 2, 1958 by Pub. L. 85–866
- Last amended
- August 20, 1996 by Pub. L. 104–188
- Amendments
- 4 dated changes in the source credit
- Length
- 3 subsections · 668 words · about 3 min to read
- Defines
- 1 term
- Cross-references
- cites 2; cited by 5 Code sections and 12 other regulations
- Regulations
- 4 issued under this section
Every S corporation shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by subtitle A, the names and addresses of all persons owning stock in the corporation at any time during the taxable year, the number of shares of stock owned by each shareholder at all times during the taxable year, the amount of money and other property distributed by the corporation during the taxable year to each shareholder, the date of each such distribution, each shareholder’s pro rata share of each item of the corporation for the taxable year, and such other information, for the purpose of carrying out the provisions of subchapter S of chapter 1, as the Secretary may by forms and regulations prescribe. Any return filed pursuant to this section shall, for purposes of chapter 66 (relating to limitations), be treated as a return filed by the corporation under section 6012.
Each S corporation required to file a return under subsection (a) for any taxable year shall (on or before the day on which the return for such taxable year was filed) furnish to each person who is a shareholder at any time during such taxable year a copy of such information shown on such return as may be required by regulations.
A shareholder of an S corporation shall, on such shareholder’s return, treat a subchapter S item in a manner which is consistent with the treatment of such item on the corporate return.
For purposes of this subsection, the term “subchapter S item” means any item of an S corporation to the extent that regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the corporation level than at the shareholder level.
For addition to tax in the case of a shareholder’s negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of chapter 68.
(Added Pub. L. 85–866, title I, § 64(c), Sept. 2, 1958, 72 Stat. 1656; amended Pub. L. 94–455, title XIX, § 1906(a)(3), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1824, 1834; Pub. L. 97–354, § 5(a)(39)(A), Oct. 19, 1982, 96 Stat. 1696; Pub. L. 98–369, div. A, title VII, § 714(q)(2), July 18, 1984, 98 Stat. 965; Pub. L. 104–188, title I, § 1307(c)(2), Aug. 20, 1996, 110 Stat. 1781.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
Regulations under this section
Treasury regulations (26 CFR) issued under § 6037
- § 1.6037-1 Return of electing small business corporation.
- § 1.6037-2 Required use of electronic form for income tax returns of electing small business corporations.
- § 301.6037-1 Return of electing small business corporation.
- § 301.6037-2 Required use of electronic form for returns of electing small business corporation.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 2 other sections
- § 6012 Persons required to make returns of income
- § 6213(b)(1) Restrictions applicable to deficiencies; petition to Tax Court
Cited by 5 Code sections
- § 41(h)(4)(A)(ii)(II) Credit for increasing research activities
- § 965(j) Treatment of deferred foreign income upon transition to participation exemption system of taxation
- § 6072(b) Time for filing income tax returns
- § 6221(b)(2)(A)(i) Determination at partnership level
- § 6699(a) Failure to file S corporation return
Cited in 12 regulations not issued under it
- § 1.1061-6 Reporting rules.
- § 1.1362-4 Inadvertent terminations and inadvertently invalid elections.
- § 1.1366-1 Shareholder's share of items of an S corporation.
- § 1.1368-1 Distributions by S corporations.
- § 1.1377-1 Pro rata share.
- § 1.6012-2 Corporations required to make returns of income.
- § 1.9006-1 Interest and penalties in case of certain taxable years.
- § 18.1379-1 Transitional rules on enactment.
- § 301.6221(b)-1 Election out for certain partnerships with 100 or fewer partners.
- § 301.6226-3 Adjustments taken into account by partners.
- § 301.6722-1 Failure to furnish correct payee statements.
- § 301.9100-19T Election relating to passive investment income of electing small business corporations.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 104–188Parts changed in 1996: (c)
- Amended by Pub. L. 98–369
- Amended by Pub. L. 97–354
- Amended by Pub. L. 94–455
- Added by Pub. L. 85–866
Where it sits in the Code
- Subtitle F Procedure and Administration
- Chapter 61 INFORMATION AND RETURNS
- Subchapter A Returns and Records
- Part III INFORMATION RETURNS
- Subpart A Information Concerning Persons Subject to Special Provisions
Nearby sections
- § 6034 Returns by certain trusts
- § 6034A Information to beneficiaries of estates and trusts
- § 6035 Basis information to persons acquiring property from decedent
- § 6036 Notice of qualification as executor or receiver
- § 6037 Return of S corporation
- § 6038 Information reporting with respect to certain foreign corporations and partnerships
- § 6038A Information with respect to certain foreign-owned corporations
- § 6038B Notice of certain transfers to foreign persons
- § 6038C Information with respect to foreign corporations engaged in U.S. business
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
Prior Provisions
A prior section 6037 was renumbered section 6040 of this title.
Amendments
1996—Subsec. (c). Pub. L. 104–188 added subsec. (c).
1984—Pub. L. 98–369 designated existing provisions as subsec. (a) and added subsec. (a) heading and subsec. (b).
1982—Pub. L. 97–354 substituted “S corporation” for “electing small business corporation” in section catchline, substituted “Every S corporation” for “Every electing small business corporation (as defined in section 1371(b))”, and substituted “each shareholder’s pro rata share of each item of the corporation for the taxable year, and such other information” for “and such other information”.
1976—Pub. L. 94–455 substituted “section 1371(b)” for “section 1371(a)(2)” and struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–188 applicable to taxable years beginning after Dec. 31, 1996, see section 1317(a) of Pub. L. 104–188, set out as a note under section 641 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1984, see section 714(q)(5) of Pub. L. 98–369, set out as an Effective Date note under section 6034A of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97–354, set out as an Effective Date note under section 1361 of this title.
Effective Date
Section applicable only with respect to taxable years beginning after Dec. 31, 1957, see section 64(e) of Pub. L. 85–866, set out as an Effective Date of 1958 Amendment note under section 172 of this title.