§6043A — Title 26 Internal Revenue Code | U.S. Code

§6043A Returns Relating to Taxable Mergers and Acquisitions

Title 26 › Subtitle Subtitle F— Procedure and Administration › Chapter 61— INFORMATION AND RETURNS › Subchapter A— Returns and Records › Part III— INFORMATION RETURNS › Subpart B— Information Concerning Transactions With Other Persons › § 6043A

Last updated Apr 5, 2026|Official source

Summary

When one corporation buys stock or property of another and any owner of the bought company must report a gain, the buying corporation must file a report using the forms and rules the Treasury Department requires. The report must describe the deal, give the name and address of each owner who must recognize a gain, show how much cash and the fair market value of other property each such owner received, and include any other information the Treasury requires. If someone holds stock for another person (a nominee), the holder must give the owner the information the buyer files, and the holder is treated as the shareholder for these rules except when defining what counts as a "taxable acquisition." The buyer must also give each listed owner a written statement that includes a contact name, address, and phone number for the filer, the owner-specific information from the report, and any other details the Treasury requires.

Title 26, §6043A

Internal Revenue Code — Source: USLM XML via OLRC

(a)According to the forms or regulations prescribed by the Secretary, the acquiring corporation in any taxable acquisition shall make a return setting forth—

(1)a description of the acquisition,

(2)the name and address of each shareholder of the acquired corporation who is required to recognize gain (if any) as a result of the acquisition,

(3)the amount of money and the fair market value of other property transferred to each such shareholder as part of such acquisition, and

(4)such other information as the Secretary may prescribe.

(b)According to the forms or regulations prescribed by the Secretary:

(1)Any person who holds stock as a nominee for another person shall furnish in the manner prescribed by the Secretary to such other person the information provided by the corporation under subsection (d).

(2)In the case of stock held by any person as a nominee, references in this section (other than in subsection (c)) to a shareholder shall be treated as a reference to the nominee.

(c)For purposes of this section, the term “taxable acquisition” means any acquisition by a corporation of stock in or property of another corporation if any shareholder of the acquired corporation is required to recognize gain (if any) as a result of such acquisition.

(d)According to the forms or regulations prescribed by the Secretary, every person required to make a return under subsection (a) shall furnish to each shareholder whose name is required to be set forth in such return a written statement showing—

(1)the name, address, and phone number of the information contact of the person required to make such return,

(2)the information required to be shown on such return with respect to such shareholder, and

(3)such other information as the Secretary may prescribe.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 108–357, title VIII, § 805(d), Oct. 22, 2004, 118 Stat. 1574, provided that: “The

Amendments

made by this section [enacting this section and amending section 6724 of this title] shall apply to acquisitions after the date of the enactment of this Act [Oct. 22, 2004].”