Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
54 lines
2.8 KiB
Markdown
54 lines
2.8 KiB
Markdown
---
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type: "LegalText"
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title: "26 U.S.C. § 4980G"
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description: "Failure of employer to make comparable health savings account contributions"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 26
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title_name: "INTERNAL REVENUE CODE"
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chapter_number: "43"
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chapter_name: "QUALIFIED PENSION, ETC., PLANS"
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section: "4980G"
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citation: "26 U.S.C. § 4980G"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip"
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source_identifier: "/us/usc/t26/s4980G"
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source_file: "data/legal/raw/us/code/title-26/usc26.xml"
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source_hash: "32a0e10518ea7eaf19976cefcca0219e647c2f30e920876ef117e9b13a907ec9"
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raw_snapshot_hash: "a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4"
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text_hash: "d710a1c8201b7efae16b4ed46b228c086d6a964d4d62adc8db1345ef01ee522a"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 26 U.S.C. § 4980G - Failure of employer to make comparable health savings account contributions
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## Text
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(a) General rule In the case of an employer who makes a contribution to the health savings account of any employee during a calendar year, there is hereby imposed a tax on the failure of such employer to meet the requirements of subsection (b) for such calendar year.
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(b) Rules and requirements Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section.
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(c) Regulations The Secretary shall issue regulations to carry out the purposes of this section, including regulations providing special rules for employers who make contributions to Archer MSAs and health savings accounts during the calendar year.
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(d) Exception For purposes of applying section 4980E to a contribution to a health savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees.
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(Added Pub. L. 108–173, title XII, § 1201(d)(4)(A), Dec. 8, 2003, 117 Stat. 2478; amended Pub. L. 109–432, div. A, title III, § 306(a), Dec. 20, 2006, 120 Stat. 2951.)
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## Notes
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Editorial Notes
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Amendments2006—Subsec. (d). Pub. L. 109–432 added subsec. (d).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2006 AmendmentPub. L. 109–432, div. A, title III, § 306(b), Dec. 20, 2006, 120 Stat. 2951, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2006.”
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Effective DateSection applicable to taxable years beginning after Dec. 31, 2003, see section 1201(k) of Pub. L. 108–173, set out as an Effective Date of 2003 Amendment note under section 62 of this title.
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