Federal · Title 26 — Internal Revenue Code

26 U.S.C. § 6050H: Returns relating to mortgage interest received in trade or business from individuals

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who is engaged in a trade or business, and who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any mortgage, is in such form as the Secretary may prescribe, the name and address of the individual from whom the interest described in subsection (a)(2) was received, the amount of such interest (other than points) received for the calendar year, the amount of points on the mortgage received during the calendar year and whether such points were paid directly by the borrower, the amount of outstanding principal on the mortgage as of the beginning of such calendar year, the date of the origination of the mortgage, the address (or other description in the case of property without an address) of the property which secures the mortgage, and such other information as the Secretary may prescribe. The term “person” includes any governmental unit (and any agency or instrumentality thereof). subsection (a) shall be applied without regard to the trade or business requirement contained therein, and any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. the name, address, and phone number of the information contact of the person required to make such return, and the aggregate amount of interest described in subsection (a)(2) (other than points) received by the person required to make such return from the individual to whom the statement is required to be furnished (and the information required under subparagraphs (C), (D), (E), and (F) of subsection (b)(2)). For purposes of this section, except as provided in regulations prescribed by the Secretary, the term “mortgage” means any obligation secured by real property. Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a). For purposes of subsection (a), an amount received by a cooperative housing corporation from a tenant-stockholder shall be deemed to be interest received on a mortgage in the course of a trade or business engaged in by such corporation, to the extent of the tenant-stockholder’s proportionate share of interest described in section 216(a)(2). Terms used in the preceding sentence shall have the same meanings as when used in section 216. The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. rules similar to the rules of subsection (c) shall apply, and mortgage insurance provided by the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Service, and private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 ( 12 U.S.C. 4901 ), as in effect on the date of the enactment of this subsection). Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending sections 6652 and 6678 of this title] shall apply to amounts received after December 31, 1984 . In the case of any obligation in existence on December 31, 1984 , no penalty shall be imposed under section 6676 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] by reason of the amendments made by this section on any failure to supply a taxpayer identification number with respect to amounts received before January 1, 1986 .”

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