# § 6039. Returns required in connection with certain options
**(a)** **Requirement of reporting** Every corporation—
shall, for such calendar year, make a return at such time and in such manner, and setting forth such information, as the Secretary may by regulations prescribe.
**(1)** which in any calendar year transfers to any person a share of stock pursuant to such person’s exercise of an incentive stock option, or
**(2)** which in any calendar year records (or has by its agent recorded) a transfer of the legal title of a share of stock acquired by the transferor pursuant to his exercise of an option described in section 423(c) (relating to special rule where option price is between 85 percent and 100 percent of value of stock),
**(b)** **Statements to be furnished to persons with respect to whom information is reported** Every corporation making a return under subsection (a) shall furnish to each person whose name is set forth in such return a written statement setting forth such information as the Secretary may by regulations prescribe. The written statement required under the preceding sentence shall be furnished to such person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.
**(c)** **Special rules** For purposes of this section—
**(1)** **Treatment by employer to be determinative** Any option which the corporation treats as an incentive stock option or an option granted under an employee stock purchase plan shall be deemed to be such an option.
**(2)** **Subsection (a)(2) applies only to first transfer described therein** A statement is required by reason of a transfer described in subsection (a)(2) of a share only with respect to the first transfer of such share by the person who exercised the option.
**(3)** **Identification of stock** Any corporation which transfers any share of stock pursuant to the exercise of any option described in subsection (a)(2) shall identify such stock in a manner adequate to carry out the purposes of this section.
**(d)** **Cross references** For definition of—
**(1)** the term “incentive stock option”, see section 422(b), and
**(2)** the term “employee stock purchase plan”, see section 423(b).
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**Source Credit**: (Added Pub. L. 88–272, title II, § 221(b)(1), Feb. 26, 1964, 78 Stat. 73; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–167, § 7(a), Dec. 29, 1979, 93 Stat. 1276; Pub. L. 97–34, title II, § 251(b)(5), Aug. 13, 1981, 95 Stat. 259; Pub. L. 101–508, title XI, § 11801(c)(9)(J), Nov. 5, 1990, 104 Stat. 1388–526; Pub. L. 105–206, title VI, § 6023(20), July 22, 1998, 112 Stat. 825; Pub. L. 109–432, div. A, title IV, § 403(a), (b), (c)(3), (4), Dec. 20, 2006, 120 Stat. 2954, 2955; Pub. L. 115–141, div. U, title IV, § 401(a)(259), Mar. 23, 2018, 132 Stat. 1196.)
## Editorial Notes
### Prior Provisions
A prior section 6039 was renumbered .
### Amendments
2018—Subsec. (d)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘employee stock purchase plan’ see section 423(b).”
2006—, substituted “Returns” for “Information” in section catchline.
Subsec. (a). , (c)(4), substituted “Requirement of reporting” for “Furnishing of information” in heading and amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: “shall (on or before January 31 of the following calendar year) furnish to such person a written statement in such manner and setting forth such information as the Secretary may by regulations prescribe.”
Subsecs. (b) to (d). , added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1998—Subsec. (a)(1). inserted “to any person” after “transfers”.
1990—Subsec. (a)(1), (2). , added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1) which in any calendar year transfers a share of stock to any person pursuant to such person’s exercise of a qualified stock option, an incentive stock option, or a restricted stock option, or
“(2) which in any calendar year records (or has by its agent recorded) a transfer of the legal title of a share of stock—
“(A) acquired by the transfer or pursuant to his exercise of an option described in section 423(c) (relating to special rule where option price is between 85 percent and 100 percent of value of stock), or
“(B) acquired by the transferor pursuant to his exercise of a restricted stock option described in section 424(c)(1) (relating to options under which option price is between 85 percent and 95 percent of value of stock),”.
Subsec. (b)(1). , substituted “an incentive stock option or an” for “a qualified stock option, incentive stock option, a restricted stock option, or an”.
Subsec. (c). , amended subsec. (c) generally, striking out references for definitions of “qualified stock option” and “restricted stock option”.
1981—Subsec. (a)(1). , inserted “, an incentive stock option,” after “qualified stock option”.
Subsec. (b)(1). , inserted “incentive stock option,” after “qualified stock option,”.
Subsec. (c)(4). , added par. (4).
1979—Subsec. (a). substituted “Furnishing of information” for “Requirement of reporting” in heading, and in closing par. substituted provisions relating to the furnishing, on or before Jan. 31 of the following calendar year, a written statement in such manner and setting forth such information, as prescribed by regulation for provisions prescribing the making of a return at such time and in such manner as prescribed by regulation, determining qualified stock options, restricted stock options or options granted under an employee stock purchase plan to be options under the provisions of this section, and restricting the necessity of a return only to the first transfer of such share.
Subsec. (b). added subsec. (b). Former subsec. (b), requiring every corporation making a return to furnish each person named in the return a written statement setting forth such information as prescribed by regulation, and requiring such statement to be furnished before January 31 of the year following the calendar year for which the return was made, was struck out.
Subsec. (c). redesignated subsec. (d) as (c). Former subsec. (c), requiring any corporation transferring any share of stock pursuant to the exercise of an option described in subsec. (a)(2) to identify such stock, was struck out.
Subsec. (d). redesignated subsec. (d) as (c).
1976—Subsecs. (a), (b). struck out “or his delegate” after “Secretary”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2006 Amendment
> “The amendments made by this section [amending this section and
>
> ] shall apply to calendar years beginning after the date of the enactment of this Act [
>
> ].”
, , , provided that:
### Effective Date of 1981 Amendment
Amendment by applicable with respect to options granted on or after , and exercised on or after , or outstanding on , or granted on or after , and outstanding , see , set out as an Effective Date note under .
### Effective Date of 1979 Amendment
Amendment by applicable with respect to calendar years beginning after 1979, see , set out as a note under .
### Effective Date
Section applicable to stock transferred pursuant to options exercised on or after , See , set out as an Effective Date of 1964 Amendment note under .
### Savings Provision
For provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .