Brief Case
Pension Resource

Treas. Reg. § 301.6059-2

Required use of electronic form for filing requirements relating to periodic report of actuary.
CFR 2016 annual edition (revised as of 2016-04-01) · superseded Dec 19, 2016 · last amended by T.D. 9695, 79 FR 58260, Sept. 29, 2014
PrintCompare datesAsk AI about this sectionOfficial source ↗
Back to current
Historical text in effect Apr 1, 2015 through Dec 18, 2016. View current · Compare with current
(a) Magnetic media filing requirements under section 6059. An actuarial report required under section 6059 with respect to an employee benefit plan must be filed on magnetic media if the filer is required by the Internal Revenue Code or regulations to file at least 250 returns during the calendar year that includes the first day of the plan year. Actuarial reports filed on magnetic media must be made in accordance with applicable revenue procedures, publications, forms, instructions, or other guidance on the IRS.gov Internet Web site. In prescribing revenue procedures, publications, forms, instructions, or other guidance on the IRS.gov Internet Web site, the Commissioner may direct the type of magnetic media filing. See § 601.601(d)(2)(ii)(b) of this chapter.
(b) Economic hardship waiver. The Commissioner may waive the requirements of this section in cases of undue economic hardship. The principal factor in determining hardship will be the amount, if any, by which the cost of filing the reports on magnetic media in accordance with this section exceeds the cost of filing the reports on other media. A request for a waiver must be made in accordance with applicable published guidance, publications, forms, instructions, or other guidance on the IRS.gov Internet Web site. See § 601.601(d)(2)(ii)(b) of this chapter. The waiver will specify the type of filing (that is, an actuarial report required under section 6059) and the period to which it applies. In addition, the waiver will be subject to such terms and conditions regarding the method of filing as may be prescribed by the Commissioner.
(c) Failure to file. If a filer required to file an actuarial report under section 6059 fails to file the report on magnetic media when required to do so by this section, the filer is deemed to have failed to file the report. See section 6692 for the penalty for the failure to file an actuarial report. In determining whether there is reasonable cause for failure to file the report, § 301.6692-1(c) and rules similar to the rules in § 301.6724-1(c)(3)(ii) (regarding undue economic hardship related to filing information returns on magnetic media) will apply.
(d) Meaning of terms. The following definitions apply for purposes of this section.
(1) Magnetic media. The term magnetic media means electronic filing, as well as other media specifically permitted under applicable regulations, revenue procedures, or publications, forms, instructions, or other guidance on the IRS.gov Internet Web site. See § 601.601(d)(2)(ii)(b) of this chapter.
(2) Actuarial report required under section 6059
(i) Single employer plans. For a single employer plan, the term actuarial report required under section 6059 means the Schedule SB, “Single-Employer Defined Benefit Plan Actuarial Information,” of the Form 5500 series (or its successor).
(ii) Multiemployer and certain money purchase plans. For multiemployer and certain money purchase plans, the term actuarial report required under section 6059 means the Schedule MB, “Multiemployer Defined Benefit Plan and Certain Money Purchase Plan Actuarial Information,” of the Form 5500 series (or its successor).
(3) Determination of 250 returns
(i) In general. For purposes of this section, a filer is required to file at least 250 returns if, during the calendar year that includes the first day of the plan year, the filer is required to file at least 250 returns of any type, including information returns (for example, Forms W-2 and Forms 1099), income tax returns, employment tax returns, and excise tax returns.
(ii) Definition of filer. For purposes of this section, the term filer means the plan administrator within the meaning of section 414(g). If the plan administrator within the meaning of section 414(g) is the employer, the special rules in § 1.6058-2(d)(3)(iii) will apply.
(e) Example. The following example illustrates the provisions of paragraph (d)(3) of this section:

Example.

In 2016, P, the plan administrator of Plan B (a single employer defined benefit plan), is required to file 266 returns (including Forms 1099-R “Distributions From Pensions, Annuities, Retirement, Profit-Sharing Plans, IRAs, Insurance Contracts, etc.” and one Form 5500 series). Plan B's plan year is the calendar year. Because P is required to file at least 250 returns during the calendar year, P must file the 2016 Schedule SB of the Form 5500 series return for Plan B electronically.

(f) Effective/applicability date. This section is applicable for actuarial reports required to be filed under section 6059 for plan years that begin on or after January 1, 2015, but only for filings with a filing deadline (not taking into account extensions) after December 31, 2015.
signing and verifying of returns and other documents
Source credit, amendments & notes

[T.D. 9695, 79 FR 58260, Sept. 29, 2014]

Treas. Reg. § 301.6059-2 — Required use of electronic form for filing requirements relating to periodic report of actuary. · CFR 2016 annual edition (revised as of 2016-04-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr26-301.6059-2&asof=2015-04-01 · printed Oct 16, 2026
On this page
  • (a) Magnetic media filing requirements under section 6059.
  • (b) Economic hardship waiver.
  • (c) Failure to file.
  • (d) Meaning of terms.
  • (e) Example.
  • (f) Effective/applicability date.
Implements
I.R.C. § 6059 Periodic report of actuary
Guidance addressing this section

No documents are primarily about this section.

Also cited in 5 other documents
IRS / Treasury
Final Rules
  • 88 FR 11754 Feb 23, 2023 — Electronic-Filing Requirements for Specified Returns and Other Documents
  • 79 FR 58256 Sep 29, 2014 — Employee Retirement Benefit Plan Returns Required on Magnetic Media
Proposed Rules
  • 86 FR 39910Proposed Jul 23, 2021 — Electronic-Filing Requirements for Specified Returns and Other Documents Comments due Sep 21, 2021
  • 78 FR 53704Proposed Aug 30, 2013 — Employee Retirement Benefit Plan Returns Required on Magnetic Media
Department of Labor (EBSA)
Proposed Rules
  • 81 FR 47534Proposed Jul 21, 2016 — Proposed Revision of Annual Information Return/Reports Comments due Oct 4, 2016

No court rulings in the library cite this provision yet.

No private letter rulings in the library cite this provision yet.

Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Apr 1, 2015Dec 18, 2016CFR 2016 annual edition (revised as of 2016-04-01) run 127T.D. 9695, 79 FR 58260, Sept. 29, 2014View
Dec 19, 2016Feb 22, 2023eCFR amendment effective 2016-12-19 run 26T.D. 9695, 79 FR 58260, Sept. 29, 2014View · Redline (sign in)
Feb 23, 2023currenteCFR editorial change effective 2023-02-23 run 2T.D. 9972, 88 FR 11777, Feb. 23, 2023View · Redline (sign in)
Provision-level history (blame)