For example, a filer who has made none of the required solicitations may satisfy the requirements of this section by making two consecutive solicitations. In determining whether a filer has made two consecutive solicitations, years to which paragraph (e)(1)(vi)(B) of this section applies shall be disregarded. If a filer fails to make the initial solicitation under paragraph (e)(1)(i) of this section, the make-up solicitations described in this paragraph (e)(1)(vi)(C) may be made in the years in which the first and second annual solicitations are required to be made; however, the penalty will apply with respect to the year in which the filer failed to make the initial solicitation. The penalty will apply to failures with respect to years for which a required solicitation is not made and to failures with respect to all subsequent years until the filer conducts its make-up solicitations. The penalty will not apply with respect to the year in which the first make-up solicitation is made (unless it is also the year in which the filer fails to make its initial solicitation) if the second make-up solicitation is made in the following year.
For example, a filer who has made none of the required solicitations may satisfy the requirements of this section by making two consecutive solicitations. In determining whether a filer has made two consecutive solicitations, years to which paragraph (f)(5)(ii) of this section applies are disregarded. If a filer fails to make the initial solicitation under paragraph (f)(1)(i) of this section, the make-up solicitations described in this paragraph (f)(5)(iii) may be made in the years in which the first and second annual solicitations are required to be made; however, the penalty will apply with respect to the year in which the filer failed to make the initial solicitation. The penalty will apply to failures in years in which a required solicitation is not made and to failures with respect to all subsequent years until the filer conducts its make-up solicitations. The penalty will not apply with respect to the year in which the first make-up solicitation is made (unless it is also the year in which the filer fails to make the initial solicitation) if the second make-up solicitation is made in the following year.
Table 1 to Paragraph (k)(3)(i)
2023 | 2/2024 | 10/2024 | 2/2025 |
Account opened (solicits TIN) | 2023 return filed | B-notice with respect to 2023 return | 2024 return filed. |
4/2025 | 10/2025 | 2/2026 | 4/2026 |
6721 penalty notice for 2023 return | B-notice with respect to 2024 return | 2025 return filed | 6721 penalty notice for 2024. |
Table 2 to Paragraph (k)(4)(i)
2023 | 2/2024 | 10/2024 | 2/2025 |
Account opened (solicits TIN) | 2023 return filed | B-notice with respect to 2023 return | 2024 return filed. |
4/2025 | 10/2025 | 2/2026 | 4/2026 |
6721 penalty notice for 2023 return | B-notice with respect to 2024 return | 2025 return filed | 6721 penalty notice for 2024 return. |
Table 3 to Paragraph (k)(6)(i)
10/2023 | 2/2024 | 10/2024 | 2/2025 |
Account opened. (solicits TIN) | 2023 return filed | B-notice with respect to 2023 return | 2024 return filed. |
4/2025 | 10/2025 | 2/2026 | 4/2026 |
6721 penalty notice for 2023 return | B-notice with respect to 2024 return | 2025 return filed | 6721 penalty notice for 2024 return. |
Regulations Applicable to Information Returns and Payee Statements the Due Date for Which (Without Regard to Extensions) Is After December 31, 1986, and Before January 1, 1990
26 C.F.R. §301.6724-1