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2026-07-06 10:51:44 -04:00

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LegalText 29 U.S.C. § 1203 Procedures in connection with prohibited transactions us united_states_code code_section 29 LABOR 18 EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM 1203 29 U.S.C. § 1203 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip /us/usc/t29/s1203 data/legal/raw/us/code/title-29/usc29.xml 87beaceb1005f0184ee397b25dce4267b4e742a8f1c8349c841e0d81f9d0b519 123f65eaf0f6719b01d66f4a47cd03d5134b66fbd92ae96d7387b67454b98476 285524a9b17da9b37426d7ab76c966366984e307e19cdcc6e1a10b1086b4b183 2026-07-04 official
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29 U.S.C. § 1203 - Procedures in connection with prohibited transactions

Text

(a) Notification to Secretary of Labor; opportunity to comment on imposition of tax under section 4975 of title 26; waiver; requests for investigations Unless the Secretary of the Treasury finds that the collection of a tax is in jeopardy, in carrying out the provisions of section 4975 of title 26 (relating to tax on prohibited transactions) the Secretary of the Treasury shall, in accordance with the provisions of subsection (h) of such section, notify the Secretary of Labor before sending a notice of deficiency with respect to the tax imposed by subsection (a) or (b) of such section, and, in accordance with the provisions of subsection (h) of such section, afford the Secretary an opportunity to comment on the imposition of the tax in any case. The Secretary of the Treasury shall have authority to waive the imposition of the tax imposed under section 4975(b) in appropriate cases. Upon receiving a written request from the Secretary of Labor or from the Pension Benefit Guaranty Corporation, the Secretary of the Treasury shall cause an investigation to be carried out with respect to whether the tax imposed by section 4975 of title 26 should be applied to any person referred to in the request.

(b) Consultation The Secretary of the Treasury and the Secretary of Labor shall consult with each other from time to time with respect to the provisions of section 4975 of title 26 (relating to tax on prohibited transactions) and with respect to the provisions of subchapter I of this chapter relating to prohibited transactions and exemptions therefrom in order to coordinate the rules applicable under such standards.

(c) Transmission of information to Secretary of the Treasury Whenever the Secretary of Labor obtains information indicating that a party-in-interest or disqualified person is violating section 1106 of this title, he shall transmit such information to the Secretary of the Treasury.

(Pub. L. 93406, title III, § 3003, Sept. 2, 1974, 88 Stat. 998; Pub. L. 101239, title VII, § 7891(a)(1), Dec. 19, 1989, 103 Stat. 2445.)

Notes

Editorial Notes

Amendments1989—Subsecs. (a), (b). Pub. L. 101239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 AmendmentAmendment by Pub. L. 101239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99514, to which such amendment relates, see section 7891(f) of Pub. L. 101239, set out as a note under section 1002 of this title.