Internal Revenue Code · 26 U.S.C.
§ 6058. Information required in connection with certain plans of deferred compensation
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. § 6058
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, 1974 by Pub. L. 93–406
- Last amended
- December 29, 2022 by Pub. L. 117–328
- Amendments
- 6 dated changes in the source credit
- Length
- 7 subsections · 484 words · about 2 min to read
- Defines
- 2 terms
- Cross-references
- cites 6; cited by 6 Code sections and 16 other regulations
- Regulations
- 2 issued under this section
Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary may by regulations prescribe with respect to the qualification, financial conditions, and operations of the plan; except that, in the discretion of the Secretary, the employer may be relieved from stating in its return any information which is reported in other returns.
Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12).
For purposes of this section, the term “employer” includes a person described in section 401(c)(4) and an individual who establishes an individual retirement plan.
In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are purchased meeting the requirements of paragraph (15) thereof, such plan shall be treated as a single plan for purposes of this section.
For provisions relating to penalties for failure to file a return required by this section, see section 6652(e).
For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
(Added Pub. L. 93–406, title II, § 1031(a), Sept. 2, 1974, 88 Stat. 945; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–600, title I, § 157(k)(1), Nov. 6, 1978, 92 Stat. 2809; Pub. L. 98–369, div. A, title IV, § 491(d)(48), July 18, 1984, 98 Stat. 852; Pub. L. 99–514, title XV, § 1501(d)(1)(D), Oct. 22, 1986, 100 Stat. 2740; Pub. L. 115–141, div. U, title IV, § 401(a)(264), Mar. 23, 2018, 132 Stat. 1197; Pub. L. 117–328, div. T, title I, § 106(c), Dec. 29, 2022, 136 Stat. 5287.)
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 § 6058
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 6 other sections
- § 414(g) Definitions and special rules
- § 401(a)(12) Qualified pension, profit-sharing, and stock bonus plans
- § 4973 Tax on excess contributions to certain tax-favored accounts and annuities
- § 4974 Excise tax on certain accumulations in qualified retirement plans
- § 403(b) Taxation of employee annuities
- § 6652(e) Failure to file certain information returns, registration statements, etc.
Cited by 6 Code sections
- § 414(x)(6)(B) Definitions and special rules
- § 6011(e)(6) General requirement of return, statement, or list
- § 6033(p) Returns by exempt organizations
- § 6104(b) Publicity of information required from certain exempt organizations and certain trusts
- § 6433(g) Saver’s Match
- § 6652(e) Failure to file certain information returns, registration statements, etc.
Cited in 16 regulations not issued under it
- § 1.46-8 Requirements for taxpayers electing additional one-percent investment credit (TRASOP's).
- § 1.410(a)-2 Effective dates.
- § 1.410(d)-1 Election by church to have participation, vesting, funding, etc. provisions apply.
- § 1.412(c)(1)-2 Shortfall method.
- § 1.7520-3 Limitation on the application of section 7520.
- § 11.410-1 Election by church to have participation, vesting, funding, etc., provisions apply.
- § 11.412(c)-7 Election to treat certain retroactive plan amendments as made on the first day of the plan year.
- § 11.412(c)-11 Election with respect to bonds.
- § 20.7520-3 Limitation on the application of section 7520.
- § 25.7520-3 Limitation on the application of section 7520.
- § 301.6057-1 Employee retirement benefit plans; identification of participant with deferred vested retirement benefit.
- § 301.6103(l)(2)-3 Disclosure to Department of Labor and Pension Benefit Guaranty Corporation of certain returns and return information.
- § 301.6652-3 Failure to file information with respect to employee retirement benefit plan.
- § 301.7701-7 Trusts—domestic and foreign.
- § 420.0-1 Certain existing plans may elect new provisions.
- § 601.702 Publication, public inspection, and specific requests for records.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 117–328Parts changed in 2022: (f)
- Amended by Pub. L. 115–141Parts changed in 2018: (e)
- Amended by Pub. L. 99–514Parts changed in 1986: (f)
- Amended by Pub. L. 98–369Parts changed in 1984: (e)
- Amended by Pub. L. 95–600Parts changed in 1978: (c) (d)
- Amended by Pub. L. 94–455Parts changed in 1976: (a)
- Added by Pub. L. 93–406
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 E Registration of and Information Concerning Pension, Etc., Plans
Nearby sections
- § 6057 Annual registration, etc.
- § 6058 Information required in connection with certain plans of deferred compensation
- § 6059 Periodic report of actuary
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
References in Text
Section 3004 of title III of the Employee Retirement Income Security Act of 1974, referred to in subsec. (g), is classified to section 1204 of Title 29, Labor.
Amendments
2022—Subsecs. (f), (g). Pub. L. 117–328 added subsec. (f) and redesignated former subsec. (f) as (g).
2018—Subsec. (e). Pub. L. 115–141 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “section 408(f),”.
1986—Subsec. (f). Pub. L. 99–514 substituted “section 6652(e)” for “section 6652(f)”.
1984—Subsec. (e). Pub. L. 98–369 struck out par. (2) which included a tax imposed by section 409(c) within term “special IRP tax”, and redesignated pars. (3) and (4) as (2) and (3), respectively.
1978—Subsec. (c). Pub. L. 95–600 substituted “an individual retirement plan” for “an individual retirement account or annuity described in section 408”.
Subsecs. (d) to (f). Pub. L. 95–600 added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
1976—Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, see section 106(h)(1) of Pub. L. 117–328, set out as a note under section 403 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514 applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L. 99–514, set out as an Effective Date note under section 6721 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98–369, set out as a note under section 62 of this title.
Effective Date of 1978 Amendment
Pub. L. 95–600, title I, § 157(k)(3), Nov. 6, 1978, 92 Stat. 2809, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to returns for taxable years beginning after December 31, 1977. The amendment made by paragraph (2) [amending section 7701 of this title] shall apply to taxable years beginning after December 31, 1974.”
Effective Date
Section effective Sept. 2, 1974, except that the requirements of subsec. (a) shall apply only with respect to plan years beginning after Sept. 2, 1974, see section 1034 of Pub. L. 93–406, set out as a note under section 6057 of this title.
Updated Forms
Pub. L. 117–328, div. T, title I, § 103(c)(2), Dec. 29, 2022, 136 Stat. 5285, provided that:
“The Secretary of the Treasury shall amend the forms relating to reports required under section 6058 of the Internal Revenue Code of 1986 to require—“(A) separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433 of the Internal Revenue Code of 1986 (as added by this section), and“(B) similar reporting with respect to individual retirement accounts (as defined in section 408 of such Code) and individual retirement annuities (as defined in section 408(b) of such Code).”
[Pub. L. 117–328, div. T, title I, § 103(f), Dec. 29, 2022, 136 Stat. 5286, provided that section 103(c)(2) of Pub. L. 117–328, set out above, is applicable to taxable years beginning after Dec. 31, 2026.]
Combined Annual Report for Group of Plans
Pub. L. 116–94, div. O, title II, § 202(a)–(c), (e), Dec. 20, 2019, 133 Stat. 3162, 3163, as amended by Pub. L. 117–328, div. T, title III, § 345(a), Dec. 29, 2022, 136 Stat. 5380, provided that:
“(a) In General.— The Secretary of the Treasury and the Secretary of Labor shall, in cooperation, modify the returns required under section 6058 of the Internal Revenue Code of 1986 and the reports required by section 104 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024) so that—“(1) all members of a group of plans described in subsection (c) may file a single aggregated annual return or report satisfying the requirements of both such sections; and“(2) any opinions required by section 103(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)) shall relate only to each individual plan which would otherwise be subject to the requirements of such section 103(a)(3).“(b) Administrative Requirements.— In developing the consolidated return or report under subsection (a), the Secretary of the Treasury and the Secretary of Labor may require such return or report to include any information regarding each plan in the group as such Secretaries determine is necessary or appropriate for the enforcement and administration of the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] and shall require such information as will enable a participant in a plan to identify any aggregated return or report filed with respect to the plan.“(c) Plans Described.— A group of plans is described in this subsection if all plans in the group—“(1) are individual account plans or defined contribution plans (as defined in section 3(34) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(34)) or in section 414(i) of the Internal Revenue Code of 1986);“(2) have—“(A) the same trustee (as described in section 403(a) of such Act (29 U.S.C. 1103(a)));“(B) the same one or more named fiduciaries (as described in section 402(a) of such Act (29 U.S.C. 1102(a)));“(C) the same administrator (as defined in section 3(16)(A) of such Act (29 U.S.C. 1002(16)(A))) and plan administrator (as defined in section 414(g) of the Internal Revenue Code of 1986); and“(D) plan years beginning on the same date; and“(3) provide the same investments or investment options to participants and beneficiaries.A plan not subject to title I of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] shall be treated as meeting the requirements of paragraph (2) as part of a group of plans if the same person that performs each of the functions described in such paragraph, as applicable, for all other plans in such group performs each of such functions for such plan.“(e) Effective Date.— The modification required by subsection (a) shall be implemented not later than January 1, 2022, and shall apply to returns and reports for plan years beginning after December 31, 2021.”
[Pub. L. 117–328, div. T, title III, § 345(b), Dec. 29, 2022, 136 Stat. 5381, provided that: “The amendments made by this section [amending section 202(a) of Pub. L. 116–94, set out above] shall take effect on the date of the enactment of this Act [Dec. 29, 2022].”
]
Reporting Simplification
Pub. L. 109–280, title XI, § 1103, Aug. 17, 2006, 120 Stat. 1057, provided that:
“(a) Simplified Annual Filing Requirement for Owners and Their Spouses.—“(1) In general.— The Secretary of the Treasury shall modify the requirements for filing annual returns with respect to one-participant retirement plans to ensure that such plans with assets of $250,000 or less as of the close of the plan year need not file a return for that year.“(2) One-participant retirement plan defined.— For purposes of this subsection, the term ‘one-participant retirement plan’ means a retirement plan with respect to which the following requirements are met:“(A) on the first day of the plan year—“(i) the plan covered only one individual (or the individual and the individual’s spouse) and the individual owned 100 percent of the plan sponsor (whether or not incorporated), or“(ii) the plan covered only one or more partners (or partners and their spouses) in the plan sponsor;“(B) the plan meets the minimum coverage requirements of section 410(b) of the Internal Revenue Code of 1986 without being combined with any other plan of the business that covers the employees of the business;“(C) the plan does not provide benefits to anyone except the individual (and the individual’s spouse) or the partners (and their spouses);“(D) the plan does not cover a business that is a member of an affiliated service group, a controlled group of corporations, or a group of businesses under common control; and“(E) the plan does not cover a business that uses the services of leased employees (within the meaning of section 414(n) of such Code).For purposes of this paragraph, the term ‘partner’ includes a 2-percent shareholder (as defined in section 1372(b) of such Code) of an S corporation.“(3) Other definitions.— Terms used in paragraph (2) which are also used in section 414 of the Internal Revenue Code of 1986 shall have the respective meanings given such terms by such section.“(4) Effective date.— The provisions of this subsection shall apply to plan years beginning on or after January 1, 2007.“(b) Simplified Annual Filing Requirement for Plans With Fewer Than 25 Participants.— In the case of plan years beginning after December 31, 2006, the Secretary of the Treasury and the Secretary of Labor shall provide for the filing of a simplified annual return for any retirement plan which covers less than 25 participants on the first day of a plan year and which meets the requirements described in subparagraphs (B), (D), and (E) of subsection (a)(2).”