PRIA, Government Policy, Made Personal

Summary

The Secretary of the Treasury must tell the Secretary of Labor before sending a notice of deficiency for the tax in section 4975 of title 26, and must give the Secretary of Labor a chance to comment, following subsection (h) of that section, unless collecting the tax is in jeopardy. The Secretary of the Treasury may waive the tax in section 4975(b) in appropriate cases. If the Secretary of Labor or the Pension Benefit Guaranty Corporation asks in writing, the Secretary of the Treasury must investigate whether the tax should apply to a person named in the request. The Treasury and Labor must consult from time to time about section 4975 and subchapter I to coordinate rules on prohibited transactions and exemptions. When the Secretary of Labor learns that a party-in-interest or disqualified person may be breaking section 1106 of this title, the Secretary of Labor must send that information to the Secretary of the Treasury.

Title 29, §1203

Labor, Source: USLM XML via OLRC

(a)Notification to Secretary of Labor; opportunity to comment on imposition of tax under section 4975 of title 26; waiver; requests for investigations

Unless the Secretary of the Treasury finds that the collection of a tax is in jeopardy, in carrying out the provisions of section 4975 of title 26 (relating to tax on prohibited transactions) the Secretary of the Treasury shall, in accordance with the provisions of subsection (h) of such section, notify the Secretary of Labor before sending a notice of deficiency with respect to the tax imposed by subsection (a) or (b) of such section, and, in accordance with the provisions of subsection (h) of such section, afford the Secretary an opportunity to comment on the imposition of the tax in any case. The Secretary of the Treasury shall have authority to waive the imposition of the tax imposed under section 4975(b) in appropriate cases. Upon receiving a written request from the Secretary of Labor or from the Pension Benefit Guaranty Corporation, the Secretary of the Treasury shall cause an investigation to be carried out with respect to whether the tax imposed by section 4975 of title 26 should be applied to any person referred to in the request.

(b)Consultation

The Secretary of the Treasury and the Secretary of Labor shall consult with each other from time to time with respect to the provisions of section 4975 of title 26 (relating to tax on prohibited transactions) and with respect to the provisions of subchapter I of this chapter relating to prohibited transactions and exemptions therefrom in order to coordinate the rules applicable under such standards.

(c)Transmission of information to Secretary of the Treasury

Whenever the Secretary of Labor obtains information indicating that a party-in-interest or disqualified person is violating section 1106 of this title, he shall transmit such information to the Secretary of the Treasury.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1989—Subsecs. (a), (b). Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1989 AmendmentAmendment by Pub. L. 101–239 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 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title.

§1203 Procedures in Connection with Prohibited Transactions