26 U.S. Code § 6050W - Returns relating to payments made in settlement of payment card and third party network transactions
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(a)
In general
Each payment settlement entity shall make a return for each calendar year setting forth—
(1)
the name, address, and TIN of each participating payee to whom one or more payments in settlement of reportable payment transactions are made, and
(2)
the gross amount of the reportable payment transactions with respect to each such participating payee.
Such return shall be made at such time and in such form and manner as the Secretary may require by regulations.
(b)
Payment settlement entity
For purposes of this section—
(2)
Merchant acquiring entity
The term “merchant acquiring entity” means the bank or other organization which has the contractual obligation to make payment to participating payees in settlement of payment card transactions.
(3)
Third party settlement organization
The term “third party settlement organization” means the central organization which has the contractual obligation to make payment to participating payees of third party network transactions.
(4)
Special rules related to intermediaries
For purposes of this section—
(A)
Aggregated payees
In any case where reportable payment transactions of more than one participating payee are settled through an intermediary—
(B)
Electronic payment facilitators
In any case where an electronic payment facilitator or other third party makes payments in settlement of reportable payment transactions on behalf of the payment settlement entity, the return under subsection (a) shall be made by such electronic payment facilitator or other third party in lieu of the payment settlement entity.
(c)
Reportable payment transaction
For purposes of this section—
(1)
In general
The term “reportable payment transaction” means any payment card transaction and any third party network transaction.
(d)
Other definitions
For purposes of this section—
(1)
Participating payee
(A)
In general
The term “participating payee” means—
(2)
Payment card
The term “payment card” means any card which is issued pursuant to an agreement or arrangement which provides for—
(B)
a network of persons unrelated to each other, and to the issuer, who agree to accept such cards as payment, and
(C)
standards and mechanisms for settling the transactions between the merchant acquiring entities and the persons who agree to accept such cards as payment.
The acceptance as payment of any account number or other indicia associated with a payment card shall be treated for purposes of this section in the same manner as accepting such payment card as payment.
(3)
Third party payment network
The term “third party payment network” means any agreement or arrangement—
(A)
which involves the establishment of accounts with a central organization by a substantial number of persons who—
(C)
which guarantees persons providing goods or services pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services.
Such term shall not include any agreement or arrangement which provides for the issuance of payment cards.
(e)
Exception for de minimis payments by third party settlement organizations
A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if—
(f)
Statements to be furnished to persons with respect to whom information is required
Every person required to make a return under subsection (a) shall furnish to each person with respect to whom such a return is required a written statement showing—
(1)
the name, address, and phone number of the information contact of the person required to make such return, and
(2)
the gross amount of the reportable payment transactions with respect to the person required to be shown on the return.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. Such statement may be furnished electronically, and if so, the email address of the person required to make such return may be shown in lieu of the phone number.
Source
(Added Pub. L. 110–289, div. C, title III, § 3091(a),July 30, 2008, 122 Stat. 2908.)
Effective Date
Section applicable to returns for calendar years beginning after Dec. 31, 2010, with exception for purposes of carrying out any TIN matching program, see section 3091(e) ofPub. L. 110–289, set out as an Effective Date of 2008 Amendment note under section
3406 of this title.
Written determinations for this section
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