26 U.S.C. § 6693
Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
- (a)This subsection shall not apply to any report which is an information return described in section 6724(d)(1)(C)(i) or a payee statement described in section 6724(d)(2)(X).
- (1)If a person required to file a report under a provision referred to in paragraph (2) fails to file such report at the time and in the manner required by such provision, such person shall pay a penalty of $50 for each failure unless it is shown that such failure is due to reasonable cause.
- (2)The provisions referred to in this paragraph are—
- (A)subsections (i) and (l) of section 408 (relating to individual retirement plans),
- (B)section 220(h) (relating to Archer MSAs),
- (C)section 223(h) (relating to health savings accounts),
- (D)section 529(d) (relating to qualified tuition programs),
- (E)section 529A(d) (relating to qualified ABLE programs),
- (F)section 530(h) (relating to Coverdell education savings accounts), and
- (G)section 530A(i) (relating to Trump accounts).
- (b)
- (1)Any individual who—shall pay a penalty of $100 for each such overstatement unless it is shown that such overstatement is due to reasonable cause.
- (2)Any individual who fails to file a form required to be filed by the Secretary under section 408(o)(4) shall pay a penalty of $50 for each such failure unless it is shown that such failure is due to reasonable cause.
- (c)
- (1)An employer who fails to provide 1 or more notices required by section 408(l)(2)(C) shall pay a penalty of $50 for each day on which such failures continue.
- (2)A trustee or issuer who fails—
- (A)to provide 1 or more statements required by the last sentence of section 408(i) shall pay a penalty of $50 for each day on which such failures continue, or
- (B)to provide 1 or more summary descriptions required by section 408(l)(2)(B) shall pay a penalty of $50 for each day on which such failures continue.
- (3)No penalty shall be imposed under this subsection with respect to any failure which the taxpayer shows was due to reasonable cause.
- (d)Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) does not apply to the assessment or collection of any penalty imposed by this section.