Brief Case

ERISA § 3003 (29 U.S.C. § 1203)

Procedures in connection with prohibited transactions
USC 2024 ed., current through 2025-01-06 · current · last amended by Pub. L. 101-239
(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.
Source credit, amendments & notes

(Pub. L. 93–406, title III, §3003, Sept. 2, 1974, 88 Stat. 998; Pub. L. 101–239, title VII, §7891(a)(1), Dec. 19, 1989, 103 Stat. 2445.)

Editorial Notes
Amendments

1989—Subsecs. (a), (b). Pub. L. 101–239 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 Amendment

Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title.

ERISA § 3003 (29 U.S.C. § 1203) — Procedures in connection with prohibited transactions · USC 2024 ed., current through 2025-01-06 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1203 · printed Oct 16, 2026
On this page
  • (a) Notification to Secretary of Labor; opportunity to comment …
  • (b) Consultation
  • (c) Transmission of information to Secretary of the Treasury
Cited by (code & regs)

No regulations are linked to this section in the library.

Guidance addressing this section

No documents are primarily about this section.

Also cited in 6 other documents
Department of Labor (EBSA)
Final Rules
  • 90 FR 4192 Jan 15, 2025 — Voluntary Fiduciary Correction Program (c)
  • 89 FR 4662 Jan 24, 2024 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications (b)
  • 85 FR 82798 Dec 18, 2020 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees (c)
Proposed Rules
  • 87 FR 71164Proposed Nov 21, 2022 — Voluntary Fiduciary Correction Program Comments due Jan 20, 2023 (c)
  • 87 FR 14722Proposed Mar 15, 2022 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications Comments due Apr 14, 2022 (b)
  • 75 FR 53172Proposed Aug 30, 2010 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans Comments due Oct 14, 2010 (b)
Tax Court (3) · DOL/Federal (1)
U.S. Tax Court (3)
Also cite this provision (3)
DOL and federal courts (1)
Also cite this provision (1)
Private Letter Rulings (1)
Private Letter Rulings (1)
Also cite this provision (1)
  • PLR 200118016 May 4, 2001 — Notification of Secretary of Labor UIL 4975.07-00 (a)

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EffectiveThroughSourceAmended by
Jan 4, 1995currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 101-239View
Provision-level history (blame)