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Title 26 — Internal Revenue CodeRelease 119-73not60

§6034 Returns by Certain Trusts

Title 26 › Subtitle 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 › § 6034

Last updated Apr 5, 2026|Official source

Summary

Trusts listed in section 4947(a)(2) must give the IRS whatever tax-year information the IRS asks for, using the forms or rules the IRS creates. Trusts that do not file under the first rule but that claim the deduction in section 642(c) must also give IRS-prescribed information. That includes the deduction amount for the year; amounts paid this year that were deducted in earlier years; amounts previously deducted but still unpaid at the start of the year; principal paid for those purposes now and before; the trust’s income and expenses for the year; and a start-of-year balance sheet of assets, debts, and net worth. This second rule does not apply if all net income must be paid out now to beneficiaries or the trust is the type in section 4947(a)(1).

Full Legal Text

Title 26, §6034

Internal Revenue Code — Source: USLM XML via OLRC

(a)Every trust described in section 4947(a)(2) shall furnish such information with respect to the taxable year as the Secretary may by forms or regulations require.
(b)(1)Every trust not required to file a return under subsection (a) but claiming a deduction under section 642(c) for the taxable year shall furnish such information with respect to such taxable year as the Secretary may by forms or regulations prescribe, including—
(A)the amount of the deduction taken under section 642(c) within such year,
(B)the amount paid out within such year which represents amounts for which deductions under section 642(c) have been taken in prior years,
(C)the amount for which such deductions have been taken in prior years but which has not been paid out at the beginning of such year,
(D)the amount paid out of principal in the current and prior years for the purposes described in section 642(c),
(E)the total income of the trust within such year and the expenses attributable thereto, and
(F)a balance sheet showing the assets, liabilities, and net worth of the trust as of the beginning of such year.
(2)Paragraph (1) shall not apply to a trust for any taxable year if—
(A)all the net income for such year, determined under the applicable principles of the law of trusts, is required to be distributed currently to the beneficiaries, or
(B)the trust is described in section 4947(a)(1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Pub. L. 109–280, which directed the general amendment of section 6034 without specifying the act to be amended, was executed to this section, which is section 6034 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. Prior to amendment, this section consisted of subsecs. (a) to (c) stating a general rule requiring certain trusts to furnish information as the Secretary may by forms and

Regulations

prescribe, allowing for exceptions to the rule, and providing a cross reference relating to penalties for failure to file a return. 1986—Subsec. (c). Pub. L. 99–514 substituted “section 6652(c)” for “section 6652(d)”. 1980—Pub. L. 96–603, § 1(d)(1)(D), substituted “section 4947(a)(2)” for “section 4947(a)” in section catchline. Subsec. (a). Pub. L. 96–603, § 1(d)(1)(A), substituted “section 4947(a)(2)” for “section 4947(a)”. Subsec. (b). Pub. L. 96–603, § 1(d)(1)(B), (C), substituted in heading “Exceptions” for “Exception” and in text inserted provision that this section not apply in the case of a trust described in section 4947(a)(1). 1976—Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”. 1969—Subsec. (a). Pub. L. 91–172, § 101(j)(32), (33), inserted, in section catchline and in subsec. (a), reference to trusts described in section 4947(a), and, in par. (1), struck out provisions requiring the separate showing of the amount of deduction paid out, and the amount permanently set aside for charitable, etc., purposes. Subsec. (c). Pub. L. 91–172, § 101(j)(34), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–280, title XII, § 1201(c)(2), Aug. 17, 2006, 120 Stat. 1066, provided that: “The

Amendments

made by subsection (b) [amending this section and section 6104 and 6652 of this title] shall apply to returns for taxable years beginning after December 31, 2006.”

Effective Date

of 1986 AmendmentAmendment 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 1980 AmendmentAmendment by Pub. L. 96–603 applicable to taxable years beginning after Dec. 31, 1980, see section 1(f) of Pub. L. 96–603, set out as a note under section 6033 of this title.

Effective Date

of 1969 AmendmentAmendment by Pub. L. 91–172 applicable to taxable years beginning after Dec. 31, 1969, see section 101(k)(2)(B) of Pub. L. 91–172, set out as an

Effective Date

note under section 4940 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 6034

Title 26 — Internal Revenue Code

Last Updated

Apr 5, 2026

Release point: 119-73not60