(2) The gross income can reasonably be expected to include more than $500 from sources other than wages (as defined in section 3401(a)).

Notwithstanding the provisions of this subsection, no declaration is required if the estimated tax (as defined in subsection (c)) can reasonably be expected to be less than $100.

(b) Joint declaration by husband and wife. In the case of a husband and wife, a single declaration under this section may be made by them jointly, in which case the liability with respect to the estimated tax shall be joint and several. No joint declaration may be made if either the husband or the wife is a nonresident alien, if they are separated under a decree of divorce or of separate maintenance, or if they have different taxable years. If a joint declaration is made but a joint return is not made for the taxable year, the estimated tax for such year may be treated as the estimated tax of either the husband or the wife, or may be divided between them.

(c) Estimated tax. For purposes of this title, in the case of an individual, the term "estimated tax" means

(1) The amount which the individual estimates as the amount of the income tax imposed by chapter 1 for the taxable year (other than the tax imposed by section 56); plus

(2) The amount which the individual estimates as the amount of the self-employment tax imposed by chapter 2 for the taxable year, minus

(3) The amount which the individual estimates as the sum of any credits against tax provided by part IV of subchapter A of chapter 1.

(d) Contents of declaration. The declaration shall contain such pertinent information as the Secretary or his delegate may by forms or regulations prescribe.

(e) Amendment of declaration. An individual may make amendments of a declaration filed during the taxable year under regulations prescribed by the Secretary or his delegate.

(f) Return as declaration or amendment. If on or before January 31 (or March 1, in the case of an individual referred to in section 6073(b), relating to income from farming or fishing) of the succeeding taxable year the taxpayer files a return, for the taxable year for which the declaration is required, and pays in full the amount computed on the return as payable, then, under regulations prescribed by the Secretary or his delegate

(1) If the declaration is not required to be filed during the taxable year, but is required to be filed on or before January 15, such return shall be considered as such declaration; and

(2) If the tax shown on the return (reduced by the sum of the credits against tax provided by part IV of subchapter A of chapter 1) is greater than the estimated tax shown in a declaration previously made. or in the last amendment thereof, such return shall be considered as the amendment of the declaration permitted by subsection (e) to be filed on or before January 15.

In the application of this subsection in the case of a taxable year beginning on any date other than January 1, there shall be substituted, for the 15th or last day of the months specified in this subsection, the 15th or last day of the months which correspond thereto.

(g) Short taxable years. An individual with a taxable year of less than 12 months shall make a declaration in accordance with regulations prescribed by the Secretary or his delegate.

(h) Estates and trusts. The provisions of this section shall not apply to an estate or trust.

(i) Nonresident alien individuals. No declaration shall be required to be made under this section by a nonresident alien individual unless

(1) Withholding under chapter 24 is made applicable to the wages, as defined in section 3401(a), of such individual,

(2) Such individual has income (other than compensation for personal services subject to deduction and withholding under section 1441) which is effectively connected with the conduct of a trade or business within the United States, or

(3) Such individual is a resident of Puerto Rico during the entire taxable year.

(j) Applicability. This section shall be applicable only with respect to taxable years beginning after December 31, 1954; and sections 58, 59, and 60 of the Internal Revenue Code of 1939 shall continue in force with respect to taxable years beginning before January 1, 1955.

[Sec. 6015 as amended by sec. 74, Technical Amendments Act 1958 (72 Stat. 1660); sec. 5(a), Act of Sept. 14, 1960 (Pub. Law 86-779, 74 Stat. 1000); sec. 1(a) (1), Act of Sept. 25, 1962 (Pub. Law 87-682, 76 Stat. 575); sec. 102(a) Tax Adjustment Act 1966 (80 Stat. 62); sec. 103(j), Foreign Investors Tax Act 1966 (80 Stat. 1554); secs. 301(b) (12), 803(d) (7) and 944, Tax Reform Act 1969 (83 Stat. 586, 684, 729); sec. 209, Rev. Act 1971 (85 Stat. 517)]

[(b) Declarations of estimated tax. In the case of a taxable year beginning before [December 30, 1969], if any taxpayer is required to make a declaration or amended declaration of estimated tax, or to pay any amount or additional amount of estimated tax, by reason of the amendments made by [the Tax Reform Act of 1969], such amount or additional amount shall be paid ratably on

90-092 O 77 - 3

or before each of the remaining installment dates for the taxable year beginning with the first installment date on or after [January 29, 1970]. With respect to any declaration or payment of estimated tax before such first installment date, sections 6015 [and] 6654 of the Internal Revenue Code of 1954 shall be applied without regard to the amendments made by [the Tax Reform Act of 1969]. For purposes of this subsection, the term “installment date" means any date on which, under section 6153 * of such Code ***, an installment payment of estimated tax is required to be made by the taxpayer. (sec. 946(b), Tax Reform Act 1969 (83 Stat. 729))]

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7028, 35 FR 3806, Feb. 27, 1970; T.D. 7282, 38 FR 19028, July 17, 1973; T.D. 7334, 39 FR 44233, Dec. 23, 1974]

§ 301.6015-1 Declaration of estimated income tax by individuals.

For provisions relating to requirements of declarations of estimated income tax by individuals, see § 1.6015 of this chapter (Income Tax Regulations).

[T.D. 7427, 41 FR 34033, Aug. 12, 1976]

§ 301.6016 Statutory provisions; declarations of estimated income tax by corporations.

SEC. 6016. Declarations of estimated income tax by corporations-(a) Requirement of declaration. Every corporation subject to taxation under section 11 or 1201(a), or subchapter L of chapter 1 (relating to insurance companies), shall make a declaration of estimated tax under chapter 1 for the taxable year if its income tax imposed by section 11 or 1201(a), or such subchapter L, for such taxable year, reduced by the credits against tax provided by part IV of subchapter A of chapter 1, can reasonably be expected to exceed $100,000.

(b) Estimated tax. For purposes of this title, in the case of a corporation, the term "estimated tax" means the excess of

(1) The amount which the corporation estimates as the amount of the income tax imposed by section 11 or 1201(a), or subchapter L of chapter 1, whichever is applicable, over

(2) The sum of—

(A) $100,000, and

(B) The amount which the corporation estimates as the sum of any credits against tax provided by part IV of subchapter A of chapter 1.

(c) Contents of declaration. The declaration shall contain such pertinent information as the Secretary or his delegate may by forms or regulations prescribe.

(d) Amendment of declaration. A corporation may make amendments of a declaration filed during the taxable year under regulations prescribed by the Secretary or his delegate.

(e) Short taxable year. A corporation with a taxable year of less than 12 months shall make a declaration in accordance with regulations prescribed by the Secretary or his delegate.

(f) Certain foreign corporations. For purposes of this section and section 6655, in the case of a foreign corporation subject to taxation under section 11 or 1201(a), or under subchapter L of chapter 1, the tax imposed by section 881 shall be treated as a tax imposed by section 11.

(g) Cross reference. For provisions relating to the number of amendments which must be filed, see section 6074(b).

[Sec. 6016 as amended by sec. 122(d), Rev. Act 1964 (78 Stat. 29); sec. 104(1), Foreign Investors Tax Act 1966 (80 Stat. 1563); as in effect before repeal by sec. 103(a), Revenue and Expenditure Control Act 1968 (82 Stat. Stat. 260)]

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7293, 38 FR 32805, Nov. 28, 1973]

§ 301.6016-1 Declarations of estimated income tax by corporations.

For provisions concerning the requirement of declarations of estimated income tax by corporations, see §§ 1.6016-1 to 1.6016-4, inclusive, of this chapter (Income Tax Regulations).

§ 301.6017 Statutory provisions; self-employment tax returns.

SEC. 6017. Self-employment tax returns. Every individual (other than a nonresident alien individual) having net earnings from self-employment of $400 or more for the taxable year shall make a return with respect to the self-employment tax imposed by chapter 2. In the case of a husband and wife filing a joint return under section 6013, the tax imposed by chapter 2 shall not be computed on the aggregate income but shall be the sum of the taxes computed under such chapter on the separate self-employment income of each spouse.

§ 301.6017-1 Self-employment tax returns.

For provisions relating to the requirement of self-employment tax returns, see § 1.6017-1 of this chapter (Income Tax Regulations).

Estate and Gift Tax Returns

§ 301.6018 Statutory provisions; estate tax returns.

SEC. 6018. Estate tax returns-(a) Returns by executor-(1) Citizens or residents. In all cases where the gross estate at the death of a citizen or resident exceeds $60,000, the executor shall make a return with respect to the estate tax imposed by subtitle B.

(2) Nonresidents not citizens of the United States. In the case of the estate of every nonresident not a citizen of the United States if that part of the gross estate which is situated in the United States exceeds $2,000, the executor shall make a return with respect to the estate tax imposed by subtitle B.

(b) Returns by beneficiaries. If the executor is unable to make a complete return as to any part of the gross estate of the decedent, he shall include in his return a description of such part and the name of every person holding a legal or beneficial interest therein. Upon notice from the Secretary or his delegate such person shall in like manner make a return as to such part of the gross estate.

§ 301.6018-1 Estate tax returns.

For provisions relating to requirement of estate tax returns, see §§ 20.6018-1 to 20.6018-4, inclusive, of this chapter (Estate Tax Regulations).

§ 301.6019 Statutory provisions; gift tax returns.

SEC. 6019. Gift tax returns-(a) In general. Any individual who in any calendar quarter makes any transfers by gift (other than transfers which under section 2503(b) are not to be included in the total amount of gifts for such quarter and other than qualified charitable transfers) shall make a return for such quarter with respect to the gift tax imposed by subtitle B.

(b) Qualified charitable transfers-(1) Return requirement. A return shall be made of any qualified charitable transfer—

(A) For the first calendar quarter, in the calendar year in which the transfer is made, for which a return is required to be filed under subsection (a), or

(B) If no return is required to be filed under subparagraph (A), for the fourth calendar quarter in the calendar year in which such transfer is made.

A return made pursuant to the provisions of this paragraph shall be deemed to be a return with respect to any transfer reported as a qualified charitable transfer for the calendar quarter in which such transfer was made.

(2) Definition of qualified charitable transfer. For purposes of this section, the term "qualified charitable transfer" means a transfer by gift with respect to which a deduction is allowable under section 2522 in an amount equal to the amount transferred. (C) Tenancy by the entirety. For provisions relating to requirement of return in the case of election as to the treatment of gift by creation of tenancy by the entirety, see section 2515(c).

[Sec. 6019 as amended by sec. 102(d)(3), Excise, Estate, and Gift Tax Adjustment Act 1970 (84 Stat. 1841)]

[T.D. 7238, 37 FR 28738, Dec. 29, 1972]

§ 301.6019-1 Gift tax returns.

For provisions relating to requirement of gift tax returns, see §§ 25.6019-1 to 25.6019-4, inclusive, of this chapter (Gift Tax Regulations).

Miscellaneous Provisions

§ 301.6020 Statutory provisions; returns prepared for or executed by Secretary. SEC. 6020. Returns prepared for or executed by Secretary—(a) Preparation of return by Secretary. If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary or his delegate may prepare such return, which, being signed by such person, may be received by the Secretary or his delegate as the return of such person.

(b) Execution of return by Secretary-(1) Authority of Secretary to execute return. If any person fails to make any return (other than a declaration of estimated tax required under section 6015 or 6016) required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary or his delegate shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.

(2) Status of returns. Any return so made and subscribed by the Secretary or his delegate shall be prima facie good and sufficient for all legal purposes.

§ 301.6020-1 Returns prepared or executed by district directors or other internal revenue officers.

(a) Preparation of returns—(1) In general. If any person required by the Code or by the regulations prescribed thereunder to make a return fails to make such return, it may be prepared

by the district director or other authorized internal revenue officer or employee provided such person consents to disclose all information necessary for the preparation of such return. The return upon being signed by the person required to make it shall be received by the district director as the return of such person.

(2) Responsibility of person for whom return is prepared. A person for whom a return is prepared in accordance with subparagraph (1) of this paragraph shall for all legal purposes remain responsible for the correctness of the return to the same extent as if the return had been prepared by him.

(b) Execution of returns—(1) In general. If any person required by any internal revenue law or by the regulations prescribed thereunder to make a return (other than a declaration of estimated tax required under section 6015 or 6016) fails to make such return at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the district director or other authorized internal revenue officer or employee shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.

(2) Status of returns. Any return made in accordance with subparagraph (1) of this paragraph and subscribed by the district director or other authorized internal revenue officer or employee shall be prima facie good and sufficient for all legal purposes.

(3) Deficiency procedures. For deficiency procedures in the case of income, estate, and gift taxes, see sections 6211 to 6216, inclusive, and §§ 301.6211-1 to 301.6215-1, inclusive.

(c) Cross references. (1) For provisions that a return executed by a district director or other authorized internal revenue officer or employee will not start the running of the period of limitations on assessment and collection, see section 6501(b)(3) and paragraph (c) of § 301.6501(b)-1.

(2) For additions to the tax and additional amounts for failure to file returns, see section 6651 and § 301.6651-1, and section 6652 and § 301.6652-1, respectively.

(3) For additions to the tax for failure to pay tax, see section 6653 and § 301.6653-1.

(4) For criminal penalties for willful failure to make returns, see sections 7201, 7202, and 7203.

(5) For criminal penalties for willfully making false or fraudulent returns, see sections 7206 and 7207.

(6) For authority to examine books and witnesses, see section 7602 and § 301.7602-1.

§ 301.6021 Statutory provisions; listing by Secretary of taxable objects owned by nonresidents of internal revenue districts.

SEC. 6021. Listing by Secretary of taxable objects owned by nonresidents of internal revenue districts. Whenever there are in any internal revenue district any articles subject to tax, which are not owned or possessed by or under the care or control of any person within such district, and of which no list has been transmitted to the Secretary or his delegate, as required by law or by regulations prescribed pursuant to law, the Secretary or his delegate shall enter the premises where such articles are situated, shall make such inspection of the articles as may be necessary and make lists of the same, according to the forms prescribed. Such lists, being subscribed by the Secretary or his delegate, shall be sufficient lists of such articles for all purposes.

§ 301.6021-1 Listing by district directors of taxable objects owned by nonresidents of internal revenue districts. Whenever there are in any internal revenue district any articles subject to tax, which are not owned or possessed by or under the care or control of any person within such district, and of which no list has been transmitted to the district director, as required by law or by regulations prescribed pursuant to law, the district director, or other authorized internal revenue officer or employee, shall enter the premises where such articles are situated, shall make such inspection of the articles as may be necessary, and shall make lists of the same according to the forms prescribed. Such lists, being subscribed by the district director or other authorized internal revenue officer or employee, shall be sufficient lists of such articles for all purposes.

INFORMATION RETURNS

Information Concerning Persons Subject to Special Provisions

§ 301.6031 Statutory provisions; return of partnership income.

SEC. 6031. Return of partnership income. Every partnership (as defined in section 761 (a)) shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by subtitle A, and such other information for the purpose of carrying out the provisions of subtitle A as the Secretary or his delegate may by forms and regulations prescribe, and shall include in the return the names and addresses of the individuals who would be entitled to share in the taxable income if distributed and the amount of the distributive share of each individual.

§ 301.6032 Statutory provisions; returns of banks with respect to common trust funds.

SEC. 6032. Returns of banks with respect to common trust funds. Every bank (as defined in section 581) maintaining a common trust fund shall make a return for each taxable year, stating specifically, with respect to such fund, the items of gross income and the deductions allowed by subtitle A, and shall include in the return the names and addresses of the participants who would be entitled to share in the taxable income if distributed and the amount of the proportionate share of each participant. The return shall be executed in the same manner as a return made by a corporation pursuant to the requirements of sections 6012 and 6062.

§ 301.6032-1 Returns of banks with respect to common trust funds.

For provisions relating to requirement of returns of banks with respect to common trust funds, see § 1.6032-1 of this chapter (Income Tax Regulations).

§ 301.6033 Statutory previsions; returns by exempt organizations.

SEC. 6033. Returns by exempt organizations-(a) Organizations required to file(1) In general. Except as provided in para

graph (2), every organization exempt from taxation under section 501(a) shall file an annual return, stating specifically the items of gross income, receipts, and disbursements, and such other information for the purpose of carrying out the internal revenue laws as the Secretary or his delegate may by forms or regulations prescribe, and shall keep such records, render under oath such statements, make such other returns, and comply with such rules and regulations as the Secretary or his delegate may from time to time prescribe; except that, in the discretion of the Secretary or his delegate, any organization described in section 401(a) may be relieved from stating in its return any information which is reported in returns filed by the employer which established such organization.

(2) Exceptions from filing—(A) Mandatory exceptions. Paragraph (1) shall not apply to

(i) Churches, their intergrated auxiliaries, and conventions or associations of churches, (ii) Any organization (other than a private foundation, as defined in section 509(a)) described in subparagraph (C), the gross receipts of which in each taxable year are normally not more than $5,000, or

(iii) The exclusively religious activities of any religious order.

(B) Discretionary exceptions. The Secretary or his delegate may relieve any organization required under paragraph (1) to file an information return from filing such a return where he determines that such filing is not necessary to the efficient administration of the internal revenue laws.

(C) Certain organizations. The organizations referred to in subparagraph (A)(ii)

are

(i) A religious organization described in section 501(c)(3):

(ii) An educational organization described in section 170(b)(1)(A)(ii);

(iii) A charitable organization, or an organization for the prevention of cruelty to children or animals, described in section 501(c)(3), if such organization is supported, in whole or in part, by funds contributed by the United States or any State or political subdivision thereof, or is primarily supported by contributions of the general public;

(iv) An organization described in section 501(c)(3), if such organization is operated, supervised, or controlled by or in connection with a religious organization described in clause (i);

(v) An organization described in section 501(c)(8); and

(vi) An organization described in section 501(c)(1), if such organization is a corporation wholly owned by the United States or any agency or instrumentality thereof, or a agency or instrumentality thereof, or a wholly owned subsidiary or such a corporation.