Title 26 — Internal Revenue CodeRelease 119-73
§6051 Receipts for employees
Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 61— - INFORMATION AND RETURNS › Subchapter Subchapter A— - Returns and Records › Part PART III— - INFORMATION RETURNS › Subpart Subpart C— - Information Regarding Wages Paid Employees › § 6051
Summary
Employers who withhold federal payroll taxes must give each employee a written statement about the pay and taxes for the year. The statement must be given by January 31 after the year ends (or within 30 days after a written request if the job ended and that 30-day window ends before January 31). The paper must show the employer’s and employee’s names, identifying number if wages were paid, total wages and amounts withheld for income and Social Security taxes, and other year‑end totals. It also must show things like elective deferrals and retirement deferrals, contributions to Archer MSAs and HSAs, dependent care amounts, deferred compensation, total reported cash tips, qualified overtime pay, and the employer’s cost of applicable health coverage (with some exceptions for MSAs, HSAs, and certain flexible spending contributions). There are a few special rules. Military pay has a different wage line when certain taxes were withheld or income rules apply. Employers who withhold under a separate railroad tax must give a notice about credits and, on request, a statement of amounts taxed and the part that funds hospital insurance. If a third party pays sick pay, that payer must tell the employer by January 15, and the employer must give the employee a statement by January 31 showing any taxable and nontaxable parts. The tax agency can require additional information, forms, and a duplicate copy to be filed with it.
Full Legal Text
Title 26, §6051
Internal Revenue Code — Source: USLM XML via OLRC
(a)Every person required to deduct and withhold from an employee a tax under section 3101 or 3402, or who would have been required to deduct and withhold a tax under section 3402 (determined without regard to subsection (n)) if the employee had claimed no more than one withholding exemption, or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash, shall furnish to each such employee in respect of the remuneration paid by such person to such employee during the calendar year, on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31, a written statement showing the following:
(1)the name of such person,
(2)the name of the employee (and an identifying number for the employee if wages as defined in section 3121(a) have been paid),
(3)the total amount of wages as defined in section 3401(a),
(4)the total amount deducted and withheld as tax under section 3402,
(5)the total amount of wages as defined in section 3121(a),
(6)the total amount deducted and withheld as tax under section 3101,
[(7)Repealed. Pub. L. 111–226, title II, § 219(a)(3), Aug. 10, 2010, 124 Stat. 2403]
(8)the total amount of elective deferrals (within the meaning of section 402(g)(3)) and compensation deferred under section 457, including the amount of designated Roth contributions (as defined in section 402A),
(9)the total amount incurred for dependent care assistance with respect to such employee under a dependent care assistance program described in section 129(d),
(10)in the case of an employee who is a member of the Armed Forces of the United States, such employee’s earned income as determined for purposes of section 32 (relating to earned income credit),
(11)the amount contributed to any Archer MSA (as defined in section 220(d)) of such employee or such employee’s spouse,
(12)the amount contributed to any health savings account (as defined in section 223(d)) of such employee or such employee’s spouse,
(13)the total amount of deferrals for the year under a nonqualified deferred compensation plan (within the meaning of section 409A(d)),
(14)the aggregate cost (determined under rules similar to the rules of section 4980B(f)(4)) of applicable employer-sponsored coverage (as defined in subsection (g)), except that this paragraph shall not apply to—
(A)coverage to which paragraphs (11) and (12) apply, or
(B)the amount of any salary reduction contributions to a flexible spending arrangement (within the meaning of section 125),
(15)the total amount of permitted benefit (as defined in section 9831(d)(3)(C)) for the year under a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)) with respect to the employee,
(16)the amount includible in gross income under subparagraph (A) of section 83(i)(1) with respect to an event described in subparagraph (B) of such section which occurs in such calendar year,
(17)the aggregate amount of income which is being deferred pursuant to elections under section 83(i), determined as of the close of the calendar year,
(18)the total amount of cash tips reported by the employee under section 6053(a) and the occupation described in section 224(d)(1) such person, and
(19)the total amount of qualified overtime compensation (as defined in section 225(c)).
(b)In the case of compensation paid for service as a member of the Armed Forces, the statement required by subsection (a) shall be furnished if any tax was withheld during the calendar year under section 3402, or if any of the compensation paid during such year is includible in gross income under chapter 1, or if during the calendar year any amount was required to be withheld as tax under section 3101. In lieu of the amount required to be shown by paragraph (3) of subsection (a), such statement shall show as wages paid during the calendar year the amount of such compensation paid during the calendar year which is not excluded from gross income under chapter 1 (whether or not such compensation constituted wages as defined in section 3401(a)).
(c)The statements required to be furnished pursuant to this section in respect of any remuneration shall be furnished at such other times, shall contain such other information, and shall be in such form as the Secretary may by regulations prescribe. The statements required under this section shall also show the proportion of the total amount withheld as tax under section 3101 which is for financing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act.
(d)A duplicate of any statement made pursuant to this section and in accordance with regulations prescribed by the Secretary shall, when required by such regulations, be filed with the Secretary.
(e)(1)Every person required to deduct and withhold tax under section 3201 from an employee shall include on or with the statement required to be furnished such employee under subsection (a) a notice concerning the provisions of this title with respect to the allowance of a credit or refund of the tax on wages imposed by section 3101(b) and the tax on compensation imposed by section 3201 or 3211 which is treated as a tax on wages imposed by section 3101(b).
(2)Each person required to deduct and withhold tax under section 3201 during any year from an employee who has also received wages during such year subject to the tax imposed by section 3101(b) shall, upon request of such employee, furnish to him a written statement showing—
(A)the total amount of compensation with respect to which the tax imposed by section 3201 was deducted,
(B)the total amount deducted as tax under section 3201, and
(C)the portion of the total amount deducted as tax under section 3201 which is for financing the cost of hospital insurance under part A of title XVIII of the Social Security Act.
(f)(1)(A)If, during any calendar year, any person makes a payment of third-party sick pay to an employee, such person shall, on or before January 15 of the succeeding year, furnish a written statement to the employer in respect of whom such payment was made showing—
(i)the name and, if there is withholding under section 3402(o), the social security number of such employee,
(ii)the total amount of the third-party sick pay paid to such employee during the calendar year, and
(iii)the total amount (if any) deducted and withheld from such sick pay under section 3402.
(B)(i)The reporting requirements of subparagraph (A) with respect to any payments shall, with respect to such payments, be in lieu of the requirements of subsection (a) and of section 6041.
(ii)For purposes of section 6674 and 7204, the statements required to be furnished by subparagraph (A) shall be treated as statements required under this section to be furnished to employees.
(2)Every employer who receives a statement under paragraph (1)(A) with respect to sick pay paid to any employee during any calendar year shall, on or before January 31 of the succeeding year, furnish a written statement to such employee showing—
(A)the information shown on the statement furnished under paragraph (1)(A), and
(B)if any portion of the sick pay is excludable from gross income under section 104(a)(3), the portion which is not so excludable and the portion which is so excludable.
(g)For purposes of subsection (a)(14)—
(1)The term “applicable employer-sponsored coverage” means, with respect to any employee, coverage under any group health plan made available to the employee by an employer which is excludable from the employee’s gross income under section 106, or would be so excludable if it were employer-provided coverage (within the meaning of such section 106).
(2)The term “applicable employer-sponsored coverage” shall not include—
(A)any coverage (whether through insurance or otherwise) described in section 9832(c)(1) (other than subparagraph (G) thereof) or for long-term care,
(B)any coverage under a separate policy, certificate, or contract of insurance which provides benefits substantially all of which are for treatment of the mouth (including any organ or structure within the mouth) or for treatment of the eye, or
(C)any coverage described in section 9832(c)(3) the payment for which is not excludable from gross income and for which a deduction under section 162(l) is not allowable.
(3)Coverage shall be treated as applicable employer-sponsored coverage without regard to whether the employer or employee pays for the coverage.
(4)Applicable employer-sponsored coverage shall include coverage under any group health plan established and maintained primarily for its civilian employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any such government.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Peace Corps Act, referred to in subsec. (a), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is classified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see
Short Title
note set out under section 2501 of Title 22 and Tables. The Social Security Act, referred to in subsecs. (c) and (e)(2)(C), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act is classified to part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2025—Subsec. (a)(18). Pub. L. 119–21, § 70201(f)(4), added par. (18). Subsec. (a)(19). Pub. L. 119–21, § 70202(c)(1), added par. (19). 2019—Subsec. (a)(14). Pub. L. 116–94, § 503(b)(1)(A), substituted “subsection (g)” for “section 4980I(d)(1)” in introductory provisions. Subsec. (g). Pub. L. 116–94, § 503(b)(1)(B), added subsec. (g). 2017—Subsec. (a)(16), (17). Pub. L. 115–97 added pars. (16) and (17). 2016—Subsec. (a)(15). Pub. L. 114–255 added par. (15). 2015—Subsec. (a)(2). Pub. L. 114–113 substituted “an identifying number for the employee” for “his social security account number”. 2010—Subsec. (a)(7). Pub. L. 111–226 struck out par. (7) which read as follows: “the total amount paid to the employee under section 3507 (relating to advance payment of earned income credit),”. Subsec. (a)(14). Pub. L. 111–148 added par. (14). 2004—Subsec. (a). Pub. L. 108–357, § 885(b)(1)(B), inserted at end of concluding provisions “In the case of the amounts required to be shown by paragraph (13), the Secretary may (by regulation) establish a minimum amount of deferrals below which paragraph (13) does not apply.” Subsec. (a)(13). Pub. L. 108–357, § 885(b)(1)(A), added par. (13). 2003—Subsec. (a)(12). Pub. L. 108–173 added par. (12). 2001—Subsec. (a)(8). Pub. L. 107–16 inserted “, including the amount of designated Roth contributions (as defined in section 402A)” before comma at end. 2000—Subsec. (a)(11). Pub. L. 106–554 substituted “Archer MSA” for “medical savings account”. 1996—Subsec. (a)(11). Pub. L. 104–191 added par. (11). 1994—Subsec. (a)(10). Pub. L. 103–465 added par. (10). 1988—Subsec. (a)(7). Pub. L. 100–647, § 1018(u)(33), inserted a comma at end. Subsec. (a)(9). Pub. L. 100–647, § 1011B(c)(2)(B), added par. (9). 1986—Subsec. (a)(8). Pub. L. 99–514 added par. (8). 1983—Subsec. (f)(1)(A). Pub. L. 98–67 repealed
Amendments
made by Pub. L. 97–248. See 1982 Amendment note below. 1982—Subsec. (a). Pub. L. 97–362 substituted “within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31” for “on the day on which the last payment of remuneration is made”. Subsec. (f)(1)(A). Pub. L. 97–248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after
June 30, 1983, par. (1)(A) is amended by inserting “subchapter A of” before “chapter 24”. section 102(a), (b) of Pub. L. 98–67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301–308) of title III of Pub. L. 97–248 as of the close of
June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the
Amendments
made by such subtitle A) had not been enacted. 1980—Subsec. (f). Pub. L. 96–601 added subsec. (f). 1978—Subsec. (a)(7). Pub. L. 95–600 added par. (7). 1977—Subsec. (a). Pub. L. 95–216 directed that the amounts required to be shown by par. (5) shall not include wages which are exempted pursuant to section 3101(c) and 3111(c) from the taxes imposed by section 3101 and 3111. 1976—Subsec. (a). Pub. L. 94–455, § 1906(a)(5), struck out “and” at end of par. (6), necessitating no change in text, due to Pub. L. 92–603, which made identical amendment in 1972. Subsecs. (c), (d). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing. 1974—Subsec. (a). Pub. L. 93–406 inserted “or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash,” after “exemption,”. 1972—Subsec. (a). Pub. L. 92–603, § 293(a), struck out reference to section 3201 of this title in introductory text, par. (7), which required written statement to contain total amount of compensation with respect to which tax imposed by section 3201 was deducted, and par. (8), which required written statement to contain total amount deducted as tax under section 3201. Subsec. (c). Pub. L. 92–603, § 293(b), struck out reference to section 3201 of this title. Subsec. (e). Pub. L. 92–603, § 293(c), added subsec. (e). 1969—Subsec. (a). Pub. L. 91–172 inserted “(determined without regard to subsection (n))” after “withhold a tax under section 3402” in introductory provisions. 1968—Subsec. (a). Pub. L. 90–248, § 502(c)(1), included reference to section 3201 in introductory provisions and added pars. (7) and (8). Subsec. (c). Pub. L. 90–248, § 502(c)(2), included reference to section 3201 in second sentence. 1965—Subsec. (a). Pub. L. 89–97, § 313(e)(1), inserted last sentence providing for inclusion of tips received by an employee in the course of his employment. Subsec. (c). Pub. L. 89–97, § 107, required the statements to show the proportion of the total amount withheld as tax under section 3101 which is for financing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act. 1961—Subsec. (a). Pub. L. 87–293 provided a special rule with respect to the information to be contained on employees’ tax receipts in the case of remuneration paid to volunteers and volunteer leaders in the Peace Corps. 1956—Subsec. (a). Act Aug. 1, 1956, § 412(a), inserted provisions prescribing contents of statement in the case of compensation paid for service as a member of the uniformed services. Subsec. (b). Act Aug. 1, 1956, § 412(b), required the furnishing of a statement if during the calendar year any amount was required to be withheld as tax under section 3101 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
of 2025 AmendmentAmendment by section 70201(f)(4) of Pub. L. 119–21 applicable to taxable years beginning after Dec. 31, 2024, see section 70201(j) of Pub. L. 119–21, set out as a note under section 45B of this title. Amendment by section 70202(c)(1) of Pub. L. 119–21 applicable to taxable years beginning after Dec. 31, 2024, see section 70202(g) of Pub. L. 119–21, set out as a note under section 63 of this title.
Effective Date
of 2019 Amendment Pub. L. 116–94, div. N, title I, § 503(c), Dec. 20, 2019, 133 Stat. 3120, provided that: “The
Amendments
made by this section [amending this section and section 9831 of this title and repealing section 4980I of this title] shall apply to taxable years beginning after December 31, 2019.”
Effective Date
of 2017 AmendmentAmendment by Pub. L. 115–97 applicable to stock attributable to options exercised, or restricted stock units settled, after Dec. 31, 2017, see section 13603(f)(1) of Pub. L. 115–97, set out as a note under section 83 of this title.
Effective Date
of 2016 AmendmentAmendment by Pub. L. 114–255 applicable to calendar years beginning after Dec. 31, 2016, see section 18001(a)(7)(E) of Pub. L. 114–255, set out in a note under section 36B of this title.
Effective Date
of 2015 Amendment Pub. L. 114–113, div. Q, title IV, § 409(b), Dec. 18, 2015, 129 Stat. 3121, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 18, 2015].”
Effective Date
of 2010 AmendmentAmendment by Pub. L. 111–226 applicable to taxable years beginning after Dec. 31, 2010, see section 219(c) of Pub. L. 111–226, set out as a note under section 32 of this title. Pub. L. 111–148, title IX, § 9002(b), Mar. 23, 2010, 124 Stat. 854, provided that: “The
Amendments
made by this section [amending this section] shall apply to taxable years beginning after December 31, 2010.”
Effective Date
of 2004 AmendmentAmendment by Pub. L. 108–357 applicable to amounts deferred after Dec. 31, 2004, with special rules relating to earnings and material modifications and exception for nonelective deferred compensation, see section 885(d) of Pub. L. 108–357, set out as an
Effective Date
note under section 409A of this title.
Effective Date
of 2003 AmendmentAmendment by Pub. L. 108–173 applicable to taxable years beginning after Dec. 31, 2003, see section 1201(k) of Pub. L. 108–173, set out as a note under section 62 of this title.
Effective Date
of 2001 AmendmentAmendment by Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2005, see section 617(f) of Pub. L. 107–16, set out as a note under section 402 of this title.
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–191 applicable to taxable years beginning after Dec. 31, 1996, see section 301(j) of Pub. L. 104–191, set out as a note under section 62 of this title.
Effective Date
of 1994 Amendment Pub. L. 103–465, title VII, § 721(d)(2), Dec. 8, 1994, 108 Stat. 5002, provided that: “The
Amendments
made by subsections (b) and (c) [amending this section and former section 3507 of this title] shall apply to remuneration paid after December 31, 1994.”
Effective Date
of 1988 AmendmentAmendment by section 1011B(c)(2)(B) of Pub. L. 100–647 applicable to taxable years beginning after Dec. 31, 1987, see section 1011B(c)(2)(C) of Pub. L. 100–647, set out as a note under section 129 of this title. Amendment by section 1018(u)(33) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–514 applicable to calendar years beginning after Dec. 31, 1986, but not applicable to employer contributions made during 1987 and attributable to services performed during 1986 under qualified cash or deferred arrangement (as defined in section 401(k) of this title) if, under terms of such arrangement as in effect on Aug. 16, 1986, employee makes election with respect to such contribution before Jan. 1, 1987, and employer identifies amount of such contribution before Jan. 1, 1987, see section 1105(c)(5), (6) of Pub. L. 99–514, as amended, set out as a note under section 402 of this title.
Effective Date
of 1982 Amendment Pub. L. 97–362, title I, § 107(b), Oct. 25, 1982, 96 Stat. 1731, provided that: “The
Amendments
made by this section [amending this section] shall apply with respect to employees whose employment is terminated after the date of the enactment of this Act [Oct. 25, 1982].”
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–601 applicable to payments made on or after first day of first calendar month beginning more than 120 days after Dec. 24, 1980, see section 4(f) of Pub. L. 96–601, set out as a note under section 3402 of this title.
Effective Date
of 1978 Amendment Pub. L. 95–600, title I, § 105(g)(2), Nov. 6, 1978, 92 Stat. 2776, as amended by Pub. L. 96–222, title I, § 101(a)(2)(D), Apr. 1, 1980, 94 Stat. 195, provided that: “The
Amendments
made by subsections (b), (c), and (e) [enacting former section 3507 of this title and amending this section and section 6302 of this title] shall apply to remuneration paid after June 30, 1979.”
Effective Date
of 1974 AmendmentAmendment by Pub. L. 93–406 applicable to plan years to which part I of subtitle A of title II of Pub. L. 93–406 applies, see section 1024 of Pub. L. 93–406, set out as a note under section 401 of this title. For description of the plan years to which part I applies, see section 1017 of Pub. L. 93–406, set out as an
Effective Date
Transitional Rules note under section 410 of this title.
Effective Date
of 1972 Amendment Pub. L. 92–603, title II, § 293(d), Oct. 30, 1972, 86 Stat. 1459, provided that: “The
Amendments
made by this section [amending this section] shall apply in respect to remuneration paid after December 31, 1971.”
Effective Date
of 1969 AmendmentAmendment by Pub. L. 91–172 applicable to wages paid after Apr. 30, 1970, see section 805(h) of Pub. L. 91–172, set out as a note under section 3402 of this title.
Effective Date
of 1968 Amendment Pub. L. 90–248, title V, § 502(c)(3), Jan. 2, 1968, 81 Stat. 934, provided that: “The
Amendments
made by paragraphs (1) and (2) [amending this section] shall apply in respect of remuneration paid after December 31, 1967.”
Effective Date
of 1965 AmendmentAmendment by section 313(e)(1) of Pub. L. 89–97 applicable only with respect to tips received by employees after 1965, see section 313(f) of Pub. L. 89–97, set out as an
Effective Date
note under section 6053 of this title.
Effective Date
of 1961 AmendmentAmendment by Pub. L. 87–293 applicable with respect to service performed after Sept. 22, 1961, but in the case of persons serving under the Peace Corps agency established by executive order applicable with respect to service performed on or after the
Effective Date
of enrollment, see section 202(c) of Pub. L. 87–293, set out as a note under section 3121 of this title.
Effective Date
of 1956 AmendmentAmendment by act Aug. 1, 1956, effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956, ch. 837, title VI, 70 Stat. 887.
Amendments
and Application of
Amendments
Unaffected section 202(a)(4) of Pub. L. 87–293, cited as a credit to this section, was repealed by Pub. L. 89–572, § 5(a), Sept. 13, 1966, 80 Stat. 765. Such repeal not deemed to affect
Amendments
to this section contained in such provisions, and continuation in full force and effect until modified by appropriate authority of all determinations, authorization,
Regulations
, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of the repealed provisions, see section 5(b) of Pub. L. 89–572, set out as a note under section 2515 of Title 22, Foreign Relations and Intercourse. Plan
Amendments
Not Required Until January 1, 1989For provisions directing that if any
Amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.
Reference
Citations & Metadata
Citation
26 U.S.C. § 6051
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73