Page:United States Statutes at Large Volume 98 Part 1.djvu/942

 98 STAT. 894

PUBLIC LAW 98-369—JULY 18, 1984 "(4) PLAN ADMINISTRATOR.—The term 'plan administrator' has the meaning given such term by section 414(g)," (b) CONFORMING AMENDMENTS.—

26 USC 2002.

Ante, p. 892.

(1) Section 2002 (relating to liability for payment of estate tax) is amended to read as follows: "SEC. 2002. LIABILITY FOR PAYMENT. "Except as provided in section 2210, the tax imposed by this chapter shall be paid by the executor." (2) The table of sections for subchapter C of chapter 11 is amended by adding at the end thereof the following: "Sec. 2210. Liability for payment in case of transfer of employer securities to an employee stock ownership plan or a worker-owned cooperative."

26 USC 6018.

Ante, p. 892.

26 USC 6166.

(3) Section 6018 (relating to estate tax returns) is amended by adding at the end thereof the following new subsection: "(c) ELECTION UNDER SECTION 2210.—In all cases in which subsection (a) requires the filing of a return, if an executor elects the applications of section 2210— "(1) RETURN BY EXECUTOR.—The return which the executor is required to file under the provisions of subsection (a) shall be made with respect to that portion of estate tax imposed by subtitle B which the executor is required to pay. "(2) RETURN BY PLAN ADMINISTRATOR.—The plan administrator of an employee stock ownership plan or the eligible workerowned cooperative, as the case may be, shall make a return with respect to that portion of the tax imposed by section 2001 which such plan or cooperative is required to pay under section 2210(b)." (4) Subsection (j) of section 6166 (relating to cross references) is amended by adding at the end thereof the following new paragraph: "(6) PAYMENT OF ESTATE TAX BY EMPLOYEE STOCK OWNERSHIP PLAN OR ELIGIBLE WORKER-OWNED COOPERATIVE.—For provision

Ante, p. 892. 26 USC 2210 note-

26 USC 4978.

allowing plan administrator or eligible worker-owned cooperative to elect to pay a certain portion of the estate tax in installments under the provisions of this section, see section 2210(c)." (d) EFFECTIVE DATE.—The amendments made by this section shall apply to those estates of decedents which are required to file returns on a date (including any extensions) after the date of enactment of this Act. SEC. 545. EXCISE TAX ON CERTAIN DISPOSITIONS OF EMPLOYER SECURITIES BY EMPLOYEE STOCK OWNERSHIP PLANS AND CERTAIN COOPERATIVES. (a) IN GENERAL.—Chapter 43 (relating to excise taxes on qualified pension plans), as amended by this Act, is amended by adding at the end thereof the following new section: "SEC. 4978. TAX ON CERTAIN DISPOSITIONS BY EMPLOYEE STOCK OWNERSHIP PLANS AND CERTAIN COOPERATIVES. "(a) TAX ON DISPOSITIONS OF SECURITIES TO WHICH SECTION 1042 APPLIES BEFORE CLOSE OF MINIMUM HOLDING PERIOD.—If, during the

se? i j i.

3-year period after the date on which the employee stock ownership plan or eligible worker-owned cooperative acquired any qualified

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