Page:United States Statutes at Large Volume 98 Part 3.djvu/805

 PUBLIC LAW 98-611—OCT. 31, 1984

98 STAT. 3177

"(1) the number of employees of the employer, "(2) the number of employees of the employer eligible to participate under the plan, "(3) the number of employees participating under the plan, "(4) the total cost of the plan during the year, and "(5) the name, address, and taxpayer identification number of the employer and the type of business in which the employer is engaged. "(b) RECORDKEEPING REQUIREMENT.—Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met. "(c) ADDITIONAL INFORMATION WHEN REQUIRED BY THE SECRETARY.—Any employer—

"(1) who maintains a specified fringe benefit plan during any year for which a return is required under subsection (a), and "(2) who is required by the Secretary to file an additional return for such year, shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe. "(d) DEFINITIONS.—For purposes of this section— "(1) SPECIFIED FRINGE BENEFIT PLAN.—The term 'specified fringe benefit plan' means— "(A) any cafeteria plan (as defined in section 12-5), and "(B) any educational assistance program (as defined in section 127). "(2) APPLICABLE EXCLUSION.—The term 'applicable exclusion' means— "(A) section 125, in the case of a cafeteria plan, and "(B) section 127, in the case of an educational assistance program." (2) PENALTY.—Subsection (f) of section 6652 of such Code (relating to failure to file certain information returns, registration statements, etc.) is amended by striking out "125(h) (relating to information with respect to cafeteria plans)" and inserting in lieu thereof "6039D (relating to returns and records with respect to certain fringe benefit plans)".

Ante, p. 882.

(3) CONFORMING AMENDMENTS.—

(A) Section 125 of such Code (relating to cafeteria plans) is amended by striking out subsection (h) and inserting in lieu thereof the following:

Ante, p. 882.

"(h) CROSS REFERENCE.— "For reporting and recordkeeping requirements, see section 6039D."

(B) Section 127 of such Code is amended by adding at the end thereof the following new subsection: "(e) CROSS REFERENCE.—

26 USC 127.

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