§419. Treatment of funded welfare benefit plans — Inbound Citations
26 U.S.C. § 419
Cited by 15 provisions in release 119-102.
Citations to 26 U.S.C. § 419 as a whole
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(A) funded welfare benefit plans, see section 419, and
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(A) The term “earned income” means the net earnings from self-employment (as defined in section 1402(a)), but such net earnings shall be determined—(i) only with respect to a trade or business in which personal services of the taxpayer are a material income-producing factor,(iii) in the case of any individual who is treated as an employee under subparagraph (A), (C), or (D) of section 3121(d)(3), without regard to section 1402(c)(2),(iv) without regard to items which are not included in gross income for purposes of this chapter, and the deductions properly allocable to or chargeable against such items,(v) with regard to the deductions allowed by section 404 to the taxpayer, and(vi) with regard to the deduction allowed to the taxpayer by section 164(f).For purposes of this subparagraph, section 1402, as in effect for a taxable year ending on December 31, 1962, shall be treated as having been in effect for all taxable years ending before such date. For purposes of this part only (other than sections 419 and 419A), this subparagraph shall be applied as if the term “trade or business” for purposes of section 1402 included service described in section 1402(c)(6).
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(3) Paragraph (1)(C) shall not apply to any amount attributable to a contribution to the fund which is not allowable as a deduction under section 419 for the taxable year or any prior taxable year (and such contribution shall not be included in any carryover under section 419(d)).
Citations to §419(c)(1)(B)
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(b) No addition to any qualified asset account may be taken into account under section 419(c)(1)(B) to the extent such addition results in the amount in such account exceeding the account limit.
Citations to §419(c)(3)(B)
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(A) The term “qualified current retiree liabilities” means, with respect to any taxable year, the aggregate amounts (including administrative expenses) which would have been allowable as a deduction to the employer for such taxable year with respect to applicable health benefits and applicable life insurance benefits provided during such taxable year if—(i) such benefits were provided directly by the employer, and(ii) the employer used the cash receipts and disbursements method of accounting.For purposes of the preceding sentence, the rule of section 419(c)(3)(B) shall apply.
Citations to §419(c)(4)(A)
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(B) the tax so attributable shall be treated as imposed on the fund for purposes of section 419(c)(4)(A).
Citations to §419(d)
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(3) Paragraph (1)(C) shall not apply to any amount attributable to a contribution to the fund which is not allowable as a deduction under section 419 for the taxable year or any prior taxable year (and such contribution shall not be included in any carryover under section 419(d)).
Citations to §419(e)
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(B) Subparagraph (A) shall not apply to any benefit provided through a welfare benefit fund (as defined in section 419(e)).
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(2) a welfare benefit fund (within the meaning of section 419(e)) which is controlled directly or indirectly by persons referred to in paragraph (1).
Citations to §419(e)(1)
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(2) An employer may not contribute any amount to a health benefits account or welfare benefit fund (as defined in section 419(e)(1)) with respect to qualified current retiree liabilities for which transferred assets are required to be used under subsection (c)(1).
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(i) the value (as of the close of the plan year preceding the year of the qualified transfer) of the assets in all health benefits accounts or applicable life insurance accounts or welfare benefit funds (as defined in section 419(e)(1)) set aside to pay for the qualified current retiree liability, bears to
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(B) notwithstanding subsection (d)(2), an employer may contribute an amount to a health benefits account or welfare benefit fund (as defined in section 419(e)(1)) with respect to collectively bargained retiree liabilities for which transferred assets are required to be used under subsection (c)(1)(B), and the deductibility of any such contribution shall be governed by the limits applicable to the deductibility of contributions to a welfare benefit fund under a collective bargaining agreement (as determined under section 419A(f)(5)(A)) without regard to whether such contributions are made to a health benefits account or welfare benefit fund and without regard to the provisions of section 404 or the other provisions of this section.
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(ii) The amount determined under clause (i) shall be reduced by the value (as of the close of the plan year preceding the year of the collectively bargained transfer) of the assets in all health benefits accounts, applicable life insurance accounts, or welfare benefit funds (as defined in section 419(e)(1)) set aside to pay for the collectively bargained retiree liabilities. The preceding sentence shall be applied separately for collectively bargained health benefits and collectively bargained life insurance benefits.
Citations to §419(e)(2)
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(8) This subsection shall not apply to any policyholder dividend paid or accrued with respect to a group policy issued in connection with a plan to provide welfare benefits to employees (within the meaning of section 419(e)(2)).