[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6652-1]

[Page 412-414]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
   Additions to the Tax, Additional Amounts, and Assessable Penalties
 
Sec. 301.6652-1  Failure to file certain information returns.

    (a) Returns with respect to payments made in calendar years after 
1962--(1) Payments of dividends, interest, or patronage dividends 
aggregating $10 or more. In the case of each failure to file a statement 
required by--
    (i) Section 6042(a)(1), relating to information returns with respect 
to payments of dividends aggregating $10 or more in a calendar year, in 
effect with respect to payments made after December 31, 1962,
    (ii) Section 6044(a)(1), relating to information returns with 
respect to certain payments by cooperatives aggregating $10 or more in a 
calendar year, in effect with respect to payments made on or after the 
first day of the first taxable year of the cooperative beginning after 
December 31, 1962, with respect to patronage occurring on or after such 
first day, or
    (iii) Section 6049(a)(1), relating to information returns with 
respect to payments of interest aggregating $10 or more in a calendar 
year, in effect with respect to payments made after December 31, 1962, 
and the regulations under such section, within the time prescribed for 
filing such statement (determined with regard to any extension of time 
for filing), there shall be paid by the person failing to so file the 
statement $10 for each such statement

[[Page 413]]

not so filed. However, the total amount imposed on the delinquent person 
for all such failures under section 6652(a) and this section during any 
calendar year shall not exceed $25,000.
    (2) Other payments; statements with respect to tips. In the case of 
each failure--
    (i) To file a statement of a payment made to another person required 
under authority of section 6041, relating to information returns with 
respect to certain information at source, or section 6051(d), relating 
to information returns with respect to payments of wages as defined in 
section 3401(a), or section 6050(a), relating to information returns 
with respect to remuneration of certain crew members defined in section 
3121(b)(20), or
    (ii) To furnish a statement required under authority of section 
6053(b), relating to statements furnished by employers with respect to 
tips, or section 6050A(b), relating to statements furnished by fishing 
boat operators with respect to remuneration of certain crew members, 
within the time prescribed by regulations under those sections for 
filing such statements (determined with regard to any extension of time 
for filing),

There shall be paid by the person failing to so file the statement $1 
for each such statement not so filed. However, the total amount imposed 
on the delinquent person for all such failures during any calendar year 
shall not exceed $1,000.
    (b) Returns with respect to payments made in calendar years before 
1963 and to certain payments by cooperatives after 1962. In the case of 
each failure to file a statement, with respect to a payment to another 
person, required under authority of--
    (1) Section 6041, relating to information returns with respect to 
certain information at source, in effect with respect to payments made 
before 1963,
    (2) Section 6042(1), relating to information returns with respect to 
payments of corporate dividends, in effect with respect to payments made 
before 1963,
    (3) Section 6044, relating to information returns with respect to 
payments of patronage dividends, in effect with respect to payments made 
by a cooperative with respect to patronage occurring before the first 
day of the first taxable year of the cooperative beginning after 
December 31, 1962, or
    (4) Section 6051(d), relating to information returns with respect to 
payments of wages as defined in section 3401(a), in effect with respect 
to payments made before 1963,

and the regulations under such section, within the time prescribed for 
filing such statement (determined with regard to any extension of time 
for filing), there shall be paid by the person failing to so file such 
statement $1 for each such statement not so filed. However, the total 
amount imposed on the delinquent person for all such failures during any 
calendar year shall not exceed $1,000.
    (c) Returns with respect to reporting payments of wages in the form 
of group-term life insurance provided in a calendar year after December 
31, 1963. In the case of each failure to file a return required by 
section 6052(a), relating to reporting payment of wages in the form of 
group-term life insurance provided for any employee on his life in a 
calendar year after December 31, 1963, and the regulations under such 
section, within the time prescribed for filing such return (determined 
with regard to any extension of time for filing), there shall be paid by 
the person failing to so file such return $10 for each such return not 
so filed. However, the total amount imposed on the delinquent person for 
all such failures under section 6652(a) and this section during any 
calendar year shall not exceed $25,000.
    (d) Returns with respect to transfer of stock or record title 
thereto pursuant to options exercised on or after January 1, 1964. In 
the case of each failure to file a statement of the transfer of stock or 
of record title thereto as required by section 6039(a) and the 
regulations under such section within the time prescribed for filing 
such statement (determined with regard to any extension of time for 
filing), there shall be paid by the corporation failing to so file such 
statement, $10 for each such statement not so filed. However, the total 
amount imposed on the delinquent corporation for all such failures under 
section 6652(a) and this section

[[Page 414]]

during any calendar year shall not exceed $25,000.
    (e) Manner of payment. The amount imposed under subsection (a), (b), 
or (c) of section 6652 and this section on any person shall be paid in 
the same manner as tax upon the issuance of a notice and demand 
therefor.
    (f) Showing of reasonable cause. The amount imposed by subsection 
(a), (b), or (c) of section 6652 shall not apply with respect to a 
failure to file a statement within the time prescribed if it is 
established to the satisfaction of the district director or the director 
of the Internal Revenue Service Center that such failure was due to 
reasonable cause and not to willful neglect. An affirmative showing of 
reasonable cause must be made in the form of a written statement, 
containing a declaration that it is made under the penalties of perjury, 
setting forth all the facts alleged as a reasonable cause.
    (g) Alcohol and tobacco taxes. For penalties for failure to file 
certain information returns with respect to alcohol and tobacco taxes, 
see, generally, subtitle E of the Code.
    (h) Tips. For regulations under section 6652(c) in respect of 
failure to report tips, see Sec. 31.6652-1 of this chapter (Employment 
Tax Regulations).

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7001, 34 FR 1006, Jan. 
23, 1969; T.D. 7127, 36 FR 11503, June 15, 1971; T.D. 7716, 45 FR 57124, 
Aug. 27, 1980]