PUBLIC LAW 100-203—DEC. 22, 1987
101 STAT. 1330-351
payment other than a required installment, the d u e date shall be the date such payment is required to be m a d e under this section." "(B) CONTROLLED G R O U P. — The term
'controlled
group'
means any group t r e a t e d as a single employer under subsections (b), (c), (m), and (o) of section 414 of the I n t e r n a l Revenue Code of 1986." (3) EFFECTIVE DATE.—The amendments m a d e by this subsection shall apply to plan years beginning after December 3 1, 1987.
26 USC 412 note.
SEC. 9305. LIABILITY OF MEMBERS OF CONTROLLED GROUP FOR TAXES ON FAILURE TO MEET MINIMUM FUNDING STANDARDS AND TO MAKE MINIMUM FUNDING CONTRIBUTIONS. (a) EXCISE T A X. —
(1) IN GENERAL.—Section 4971 of the 1986 Code (relating to taxes on failure to meet minimum funding standards) is amended by redesignating subsection (e) a s subsection (f) and by inserting after subsection (d) the following new subsection:
26 USC 4971.
"(e) LIABILITY FOR T A X. —
"(1) IN GENERAL.—Except a s provided in paragraph (2), the tax imposed by subsection (a) or (b) shall be paid by the employer responsible for contributing to or under the plan the a m o u n t described in section 412(b)(3)(A). "(2) JOINT AND SEVERAL LIABILITY WHERE EMPLOYER MEMBER OF CONTROLLED G R O U P. —
i 1
"(A) IN GENERAL.—In the case of a plan other than a multiemployer plan, if the employer referred to in paragraph (1) is a m e m b e r of a controlled group, each m e m b e r of such group shall be jointly and severally liable for the tax imposed by subsection (a) or (b). "(B) CONTROLLED G R O U P. — For purposes of subparagraph
(A), the term 'controlled group' means any group treated a s a single employer under subsection (b), (c), (m), or (o) of section 414." (2) T E C H N I C A L AMENDMENTS. —
(A) Subsection (a) of section amended by striking o u t the last (B) Subsection (b) of section amended by striking out the last
4971 of the 1986 Coae is sentence. 4971 of the 1986 Code is sentence.
(b) MINIMUM F U N D I N G CONTRIBUTIONS.— (1) AMENDMENT TO 1986 CODE.—Section 412(c) of the 1986 Code
is amended by adding a t the end thereof the following new paragraph: "(11) LlABILITY FOR CONTRIBUTIONS.—
. 4
"(A) IN GENERAL.—Except as provided in subparagraph (B), the a m o u n t of any contribution required by this section and any required installments under subsection (m) shall be paid by the employer responsible for contributing to or under the plan the a m o u n t described in subsection (b)(3)(A). "(B) JOINT A N D SEVERAL LIABILITY MEMBER OF CONTROLLED GROUP.—
WHERE
EMPLOYER
"(i) IN GENERAL.—In the case of a plan other than a multiemployer plan, if the employer referred to in subparagraph (A) is a m e m b e r of a controlled group, each m e m b e r of such group shall be jointly and sever-
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