Loopholes > Federal > Consumer Cooperative Reporting Exemption
OTHER NICHE SAVINGS BUSINESS

Consumer Cooperative Reporting Exemption

IRC §6044(c)

Retail consumer cooperatives can apply for an exemption from filing information returns regarding patronage dividends.

Eligibility

Cooperatives primarily engaged in selling goods or services for personal, living, or family use.

Frequently Asked Questions

Who is eligible for the Consumer Cooperative Reporting Exemption?

Cooperatives primarily engaged in selling goods or services for personal, living, or family use.

How does the Consumer Cooperative Reporting Exemption work?

Retail consumer cooperatives can apply for an exemption from filing information returns regarding patronage dividends.

What law authorizes the Consumer Cooperative Reporting Exemption?

The Consumer Cooperative Reporting Exemption is authorized under IRC §6044(c) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6044

Source: Internal Revenue Code, Title 26, United States Code

§ 6044. Returns regarding payments of patronage dividends(a) Requirement of reporting(1) In generalExcept as otherwise provided in this section, every cooperative to which part I of subchapter T of chapter 1 applies, which makes payments of amounts described in subsection (b) aggregating $10 or more to any person during any calendar year, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (2) Returns required by the SecretaryEvery such cooperative which makes payments of amounts described in subsection (b) aggregating less than $10 to any person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (b) Amounts subject to reporting(1) General ruleExcept as otherwise provided in this section, the amounts subject to reporting under subsection (a) are—(A) the amount of any patronage dividend (as defined in section 1388(a)) which is paid in money, qualified written notices of allocation (as defined in section 1388(c)), or other property (except nonqualified written notices of allocation as defined in section 1388(d)), (B) any amount described in section 1382(c)(2)(A) (relating to certain nonpatronage distributions) which is paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) by an organization exempt from tax under section 521 (relating to exemption of farmers’ cooperatives from tax), (C) any amount described in section 1382(b)(2) (relating to redemption of nonqualified written notices of allocation) and, in the case of an organization described in section 1381(a)(1), any amount described in section 1382(c)(2)(B) (relating to redemption of nonqualified written notices of allocation paid with respect to earnings derived from sources other than patronage), and (D) the amount of any per-unit retain allocation (as defined in section 1388(f)) which is paid in qualified per-unit retain certificates (as defined in section 1388(h)), and (E) any amount described in section 1382(b)(4) (relating to redemption of nonqualified per-unit retain certificates). (2) ExceptionsThe provisions of subsection (a) shall not apply, to the extent provided in regulations prescribed by the Secretary, to any payment—(A) by a foreign corporation, or (B) to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens.

Showing first 3,000 characters of full section text.