Page:United States Statutes at Large Volume 101 Part 2.djvu/1145

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-351

payment other than a required installment, the d u e date shall be the date such payment is required to be m a d e under this section." "(B) CONTROLLED G R O U P. — The term

'controlled

group'

means any group t r e a t e d as a single employer under subsections (b), (c), (m), and (o) of section 414 of the I n t e r n a l Revenue Code of 1986." (3) EFFECTIVE DATE.—The amendments m a d e by this subsection shall apply to plan years beginning after December 3 1, 1987.

26 USC 412 note.

SEC. 9305. LIABILITY OF MEMBERS OF CONTROLLED GROUP FOR TAXES ON FAILURE TO MEET MINIMUM FUNDING STANDARDS AND TO MAKE MINIMUM FUNDING CONTRIBUTIONS. (a) EXCISE T A X. —

(1) IN GENERAL.—Section 4971 of the 1986 Code (relating to taxes on failure to meet minimum funding standards) is amended by redesignating subsection (e) a s subsection (f) and by inserting after subsection (d) the following new subsection:

26 USC 4971.

"(e) LIABILITY FOR T A X. —

"(1) IN GENERAL.—Except a s provided in paragraph (2), the tax imposed by subsection (a) or (b) shall be paid by the employer responsible for contributing to or under the plan the a m o u n t described in section 412(b)(3)(A). "(2) JOINT AND SEVERAL LIABILITY WHERE EMPLOYER MEMBER OF CONTROLLED G R O U P. —

i 1

"(A) IN GENERAL.—In the case of a plan other than a multiemployer plan, if the employer referred to in paragraph (1) is a m e m b e r of a controlled group, each m e m b e r of such group shall be jointly and severally liable for the tax imposed by subsection (a) or (b). "(B) CONTROLLED G R O U P. — For purposes of subparagraph

(A), the term 'controlled group' means any group treated a s a single employer under subsection (b), (c), (m), or (o) of section 414." (2) T E C H N I C A L AMENDMENTS. —

(A) Subsection (a) of section amended by striking o u t the last (B) Subsection (b) of section amended by striking out the last

4971 of the 1986 Coae is sentence. 4971 of the 1986 Code is sentence.

(b) MINIMUM F U N D I N G CONTRIBUTIONS.— (1) AMENDMENT TO 1986 CODE.—Section 412(c) of the 1986 Code

is amended by adding a t the end thereof the following new paragraph: "(11) LlABILITY FOR CONTRIBUTIONS.—

. 4

"(A) IN GENERAL.—Except as provided in subparagraph (B), the a m o u n t of any contribution required by this section and any required installments under subsection (m) shall be paid by the employer responsible for contributing to or under the plan the a m o u n t described in subsection (b)(3)(A). "(B) JOINT A N D SEVERAL LIABILITY MEMBER OF CONTROLLED GROUP.—

WHERE

EMPLOYER

"(i) IN GENERAL.—In the case of a plan other than a multiemployer plan, if the employer referred to in subparagraph (A) is a m e m b e r of a controlled group, each m e m b e r of such group shall be jointly and sever-

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