[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: 26CFR301.6652-3]

[Page 415-417]
 
                       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. 301.6652-3  Failure to file information with respect to employee 
retirement benefit plan.

    (a) Amount imposed--(1) Annual registration statement. The plan 
administrator (within the meaning of section 414(g)) of an employee 
retirement benefit plan defined in Sec. 301.6057-1(a)(3) is liable for 
the amount imposed by section 6652(e)(1) in each case in which there is 
a failure to file information relating to the deferred vested retirement 
benefit of a plan participant, as required by section 6057(a) and Sec. 
301.6057-1, at the time and place and in the manner prescribed therefor 
(determined without regard to any extension of time for filing). The 
amount imposed by section 6652(e)(1) on the plan administrator is $1 for 
each participant with respect to whom there is a failure to file the 
required information, multiplied by the number of days during which the 
failure continues. However, the total amount imposed by section 
6652(e)(1) on the plan administrator with respect to a failure to file 
on behalf of a plan for a plan year shall not exceed $5,000.
    (2) Notification of change in status. The plan administrator (within 
the meaning of section 414(g)) of an employee retirement benefit plan 
defined in Sec. 301.6057-1(a)(3) is liable for the amount imposed by 
section 6652(e)(2) in each case in which there is a failure to file a 
notification of a change in plan status, as described in section 6057(b) 
and Sec. 301.6057-2, at the time and place and

[[Page 416]]

in the manner prescribed therefor (determined without regard to any 
extension of time for filing). The amount imposed by section 6652(e)(2) 
on the plan administrator is $1 for each day during which the failure to 
so file a notification of a change in plan status continues. However, 
the total amount imposed by section 6652(e)(2) on the plan administrator 
with respect to a failure to file a notification of a change in plan 
status shall not exceed $1,000.
    (3) Annual return of funded plan of deferred compensation. Under 
section 6652(f) the amount described in this subparagraph is imposed in 
each case in which there is a failure to file the annual return 
described in section 6058(a) on behalf of a plan described in Sec. 
301.6058-1(a) at the time and in the manner prescribed therefor 
(determined with regard to any extension of time for filing). The 
employer maintaining the plan is liable for the amount imposed with 
respect to a failure to so file the annual return in each case in which 
the employer must file the return under Sec. 301.6058-1(a). The plan 
administrator (within the meaning of section 414(g)) is liable for the 
amount imposed in each case in which the plan administrator must file 
the return under Sec. 301.6058-1(a). In the case of an individual 
retirement account or annuity described in section 408, the individual 
described in Sec. 301.6058-1(d)(2) who must file the annual return 
under Sec. 301.6058-1(d) is liable for the amount imposed with respect 
to a failure to so file the annual return. The amount imposed is $10 for 
each day during which the failure to file the annual return on behalf of 
a plan for a year continues. However, the total amount imposed with 
respect to a failure to file on behalf of a plan for any year shall not 
exceed $5,000.
    (4) Actuarial statement in case of mergers. The plan administrator 
(within the meaning of section 414(g)) is liable for an amount imposed 
by section 6652(f) in each case in which there is a failure to file the 
actuarial statement described in section 6058(b) at the time and in the 
manner prescribed therefor (determined with regard to any extension of 
time for filing). The amount imposed by section 6652(f) on the plan 
administrator is $10 for each day during which the failure to file the 
statement with respect to a merger, consolidation or transfer of assets 
or liabilities continues. However, the amount imposed by section 6652(f) 
on the plan administrator with respect to a failure to file the 
statement with respect to a merger, consolidation or transfer shall not 
exceed $5,000.
    (5) Information relating to certain trusts and annuity and bond 
purchase plans. Under section 6652(f) the amount described in this 
subparagraph is imposed in each case in which there is a failure to file 
a return or statement required by section 6047 at the time and in the 
manner prescribed therefor in Sec. 1.6047-1 (determined with regard to 
any extension of time for filing). The amount is imposed upon the 
trustee of a trust described in section 401(a), custodian of a custodial 
account or issuer of an annuity contract, as the case may be (see Sec. 
1.6047-1(a)(1) (i) and (ii)). The amount imposed by section 6652(f) is 
$10 for each day during which the failure to file with respect to a 
payee for a calendar year continues. However, the amount imposed with 
respect to a failure to file with respect to a payee for a calendar year 
shall not exceed $5,000.
    (b) Showing of reasonable cause. (1) No amount imposed by section 
6652(e) shall apply with respect to a failure to file information 
relating to the deferred vested retirement benefit of a plan participant 
under section 6057(a), or a failure to give notice of a change in plan 
status under section 6057(b), if it is established to the satisfaction 
of the director of the internal revenue service center at which the 
information or notice is required to be filed that the failure was due 
to reasonable cause.
    (2) No amount imposed by section 6652(f) shall apply with respect to 
a failure to file a return or statement required by section 6058 or 
6047, or a failure to provide material items of information called for 
on such a return or statement, if it is established to the satisfaction 
of the appropriate district director or the director of the internal 
revenue service center at which the return or statement is required to 
be filed that the failure was due to reasonable cause.

[[Page 417]]

    (3) An affirmative showing of reasonable cause must be made in the 
form of a written statement setting forth all the facts alleged as 
reasonable cause. The statement must contain a declaration by the 
appropriate individual that the statement is made under the penalties of 
perjury.
    (c) Joint liability. If more than one person is responsible for a 
failure to comply with sections 6057 (a) or (b) or section 6058 (a) or 
(b) or section 6047, all such persons shall be jointly and severally 
liable with respect to the failure.
    (d) Manner of payment. An amount imposed under section 6652 (e) or 
(f) and this section shall be paid in the same manner as a tax upon the 
issuance of notice and demand therefor.
    (e) Effective dates--(1) Annual registration statement. With respect 
to the annual registration statement described in section 6057(a), this 
section is effective--
    (i) In the case of a plan to which only one employer contributes, 
for plan years beginning after December 31, 1975, with respect to 
participants who separate from service covered by the plan in plan years 
beginning after that date, and
    (ii) In the case of a plan to which more than one employer 
contributes, for plan years beginning after December 31, 1977, and with 
respect to participants who complete two consecutive 1-year breaks in 
service under the plan in service computation periods beginning after 
December 31, 1974.
    (2) Notification of change in status. With respect to the 
notification of change in plan status required by section 6057(b), this 
section is effective with respect to a change in status occurring within 
plan years beginning after December 31, 1975.
    (3) Annual return of employee benefit plan. With respect to the 
annual return of employee benefit plan required by section 6058(a), this 
section is effective for plan years beginning after September 2, 1974.
    (4) Actuarial statement in case of mergers. With respect to the 
actuarial statement required by section 6058(b), this section is 
effective with respect to mergers, consolidations or transfers of assets 
or liabilities occurring after September 2, 1974.
    (5) Information relating to certain trusts and annuity and bond 
purchase plans. With respect to reports or statements required to be 
filed by section 6047 and the regulations thereunder, this section is 
effective with respect to calendar years ending after September 2, 1974.

[T.D. 7551, 43 FR 29293, July 7, 1978, and T.D. 7561, 43 FR 38006, Aug. 
25, 1978; 44 FR 24285, Apr. 25, 1979]