Form 6069 Return of Excise Tax on Excess Contributions to Black Lu

6069

Return of Excise Tax on Excess Contributions to
Black Lung Benefit Trust Under Section 4953 and
Computation of Section 192 Deduction

Form
(Rev. February 2012)

Department of the Treasury
Internal Revenue Service

For calendar year

, or fiscal year beginning

OMB No. 1545-0049

NOT Open for
Public Inspection

, and ending
Employer identification number

Operator’s name
Number, street, and room or suite no. (or P. O. box number)

If address changed, check here

.

.

.

.

.

▶

City or town, state and ZIP code
Employer identification number of related trust

Name of related section 501(c)(21) trust

Schedule A
1

Worksheet for Computing the Section 192 Deduction by Coal Mine Operators (See instructions)

Enter the amount necessary to fund (with level funding) the remaining unfunded liability for claims
filed or expected to be filed by, or on behalf of, past or present employees of the operator based on:
a The average remaining working life of miners currently employed
b 10 tax years . . . . . . . . . . . . . . . . . .
c Any other funding period prescribed or approved by the Secretary
of the Treasury . . . . . . . . . . . . . . . . .
d Enter the smaller of line 1a or 1b

.

.

.

.

.

.

.

.

.

.

.

e

.

.

.

.

.

.

.

.

.

.

.

2a

Enter the larger of line 1c or 1d .

.

1a
1b
1c
1d
.

Enter the amount necessary to carry out section 501(c)(21)(A)
purposes for the tax year . . . . . . . . . . . . . .

3

Subtract line 2b from line 2a (if less than zero, enter -0-)

.

.

.

.

Maximum allowable deduction (enter the larger of line 1e or line 2c)

Schedule B

2
3
4

5
6
7
8

.

.

.

.

.

.

1e

2c

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

▶

3

Computation of Section 4953 Tax by the Person Making Excess Contributions Under Section 192
to a Section 501(c)(21) Trust (See instructions)

1a Contributions made to section 501(c)(21) trust for operator’s tax year
b Operator’s maximum allowable deduction under section 192 for tax
year (enter amount from Schedule A, line 3) . . . . . . .
c

.

2a
2b

b Enter the fair market value of the trust’s assets (see instructions)
c

.

Subtract line 1b from line 1a (if less than zero, enter -0-) . .
Excess contributions carried over from the preceding tax year

1a
1b
1c
2

.
.

.

.

3

5
Total (add lines 4 and 5) . . . . . . . . . . . . . . . . . . . . . . .
Excess contributions for current year (subtract line 6 from line 3)(if less than zero, enter -0-) .
Tax due (enter 5% of line 7). Pay in full with return. . . . . . . . . . . . . . .

.
.

6
7
8

Total (add lines 1c and 2)
. . . . . . . . . . . . . .
Amount that current year’s contributions are less than the
maximum amount deductible (subtract line 1a from line 1b) (if less
than zero, enter -0-) . . . . . . . . . . . . . . .
Amount of previous year’s excess contributions that were returned
to the contributor during the current tax year . . . . . . .

.

.

.

.

.

.

4

▶

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge
and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.

Paid
Preparer
Use Only

Signature of person filing return
Print/Type preparer’s name

▲

▲

Please
Sign
Here

.

Preparer's signature

Date
Date

Title
Check
if
self-employed

Firm’s name

▶

Firm's EIN

Firm's address

▶

Phone no.

For Privacy Act and Paperwork Reduction Act Notice, see the back of the return.

Cat. No. 12145E

PTIN

▶

Form

6069

(Rev. 2-2012)

Form 6069 (Rev. 2-2012)

General Instructions
Section references are to the Internal Revenue
Code unless otherwise noted.
Purpose of Form. Form 6069 is primarily a
worksheet (Schedule A) used to determine the
maximum allowable income tax deduction (under
section 192) for contributions made by coal mine
operators to tax-exempt black lung benefit
trusts. The form is also used to determine the
amount of excise tax imposed under section
4953 for contributions that are more than the
maximum allowable deduction (see Schedule B).
Who Must File. Any person who has incurred
liability for the excise tax on excess
contributions under section 4953 must file a
return on Form 6069. File Form 6069 only to
report the excise tax liability figured on Schedule
B. Do not file it if only Schedule A is completed.
When and Where To File. File Form 6069 by the
15th day of the 5th month after the end of your
tax year. If the regular due date falls on a
Saturday, Sunday, or legal holiday, file on the
next business day. File it with the Internal
Revenue Service, 201 W. River Center Blvd.,
Covington, KY 41011.
To request an extension of time to file Form
6069, file Form 8868, Application for Extension
of Time To File an Exempt Organization Return.
Accounting Methods. Use the accounting
method regularly used in keeping your books
and records.
Accounting Period. Complete the return on the
basis of your established accounting period. If
you do not have an established accounting
period, use the calendar year.
Penalties and Interest. There are penalties for
late filing, willful failure to file, and for filing
fraudulent returns and statements. See sections
6651, 7203, 7206, and 7207.
Interest at the annual rate provided by law is
charged on any tax shown on line 8, Schedule
B, that is not paid by the due date of the return.

Definitions
The term “Black Lung Acts” refers to Part C of
Title IV of the Federal Mine Safety and Health
Act of 1977, and any state law that provides
compensation for disability or death due to
pneumoconiosis (black lung disease). A black
lung benefit claim is a claim for compensation
for disability or death due to pneumoconiosis
under the Black Lung Acts.
Unless otherwise indicated, the term “trust” as
used in the instructions means the tax-exempt
section 501(c)(21) trust or trusts to which you
made contributions for which you claimed a
deduction under section 192.

Specific Instructions
No deduction is allowed under section 192(a) for
any contribution to a trust other than a
contribution in cash or in items in which the trust
may invest under section 501(c)(21)(A)(ii)(II).
Payments made for a particular tax year that
are made no later than the due date (including
extensions) of your income tax return for that tax
year are considered to have been made on the
last day of that tax year.
Period To Be Covered by Return. Fill in the
spaces at the top of the form to show the
calendar year or fiscal year of the accounting
period you are reporting.
Name and Address. Enter your name, address,
and employer identification number in the
appropriate spaces. In the spaces for the name
and employer identification number of the related
trust, enter the identifying information for the

Page

black lung benefit trust to which you made
excess contributions.
Rounding Off to Whole-Dollar Amounts. You
may show the money items on the return and
accompanying schedules as whole-dollar
amounts. To do so, drop any amount less than
50 cents and increase any amount from 50 cents
through 99 cents to the next higher dollar. For
example, $1.39 becomes $1 and $2.50
becomes $3.
If you have to add two or more amounts to
figure the amount to enter on a line, include
cents when adding the amounts and round off
only the total.

Schedule A
If you are completing Schedule A only to figure
the maximum allowable deduction and do not
owe tax on excess contributions, keep this form
with your records instead of filing it with the IRS.
Line 1. The determination of amounts necessary
to cover payments for claims made under the
Black Lung Benefits Acts of 1977 must be based
on reasonable actuarial assumptions. On lines
1a, 1b, and 1c, enter the annual amounts you
need to fund (with level funding) all claims
against you that were filed or expected to be
filed by, or on behalf of, past or present
employees for compensation because of
disability or death, due to pneumoconiosis,
under the Black Lung Acts.
Line 2a. Enter the total amount paid during the
year for any combination of the following:
• All administrative and other incidental expenses
of operating the trust and processing claims
against you (including legal, actuarial, and
trustee expenses).
• All direct payments by the trust for claims
against you.
• All payments of premiums exclusively for
insurance to cover your liability for claims filed
under the Black Lung Acts.
• All payments of accident and health benefits for
retired miners and their spouses and
dependents to the extent allowed by section
501(c)(21)(C).
Line 2b. Enter the fair market value of the trust’s
assets at the beginning of your tax year.

Schedule B
Complete Schedule B only if your contributions
to black lung benefit trusts for the current tax
year are more than the maximum allowable
deduction under section 192 or if you made
excess contributions in the preceding tax year
that are carried over to the current tax year. The
contributor must pay a tax in the current tax year
on excess contributions carried over from the
preceding tax year unless the trust returns the
excess contributions to the contributor or the
contributor offsets excess contributions by
reduced contributions in the current tax year.
Line 1a. When an excess contribution is made
to a section 501(c)(21) trust in the current tax
year and the trust returns part or all of the
current year’s excess contribution in the same
year, show only the net contribution for the year
on this line (for example, current year’s
contribution less current year’s excess
contribution returned). At your request, a black
lung benefit trust will repay excess contributions
(but not more than the excess) made to the trust
for a tax year. The repayment is not an act of
self-dealing or a taxable expenditure reportable
on Schedule A (Form 990-BL).
Line 2. Enter excess contributions carried over
from Schedule B, Form 6069 for the previous
year.

2

Line 5. Enter excess contributions carried over
from the prior tax year that were returned to the
contributor in the current tax year.
Line 7. Excess contributions entered on this line
are carried over to the following tax year and
treated as a contribution for that tax year.
Line 8. Make check or money order payable to
the "United States Treasury" for the full amount
due.

Signature
If you are filing for a corporation, the return must
be signed by the president, vice president,
treasurer, assistant treasurer, chief accounting
officer or any other officer (such as tax officer)
authorized to sign. If you are filing for a
partnership, one general partner must sign. If
you are filing for a sole proprietorship, the owner
must sign.
If a receiver, trustee in bankruptcy, or assignee
is in control of the operator’s property or
business, that person must sign the return.
Generally, anyone who is paid to prepare the
return must sign it and fill in the "Paid Preparer
Use Only" area. The signature of the preparer is
not required if the return is prepared by your
regular, full-time employee.

Privacy Act and Paperwork
Reduction Act Notice
We ask for the information on this form to carry
out the Internal Revenue laws of the United
States. Section 4953 imposes a tax on excess
contributions to a Black Lung Benefit Trust. You
are required to give us the information. Section
6109 requires you to provide your taxpayer
identification number (EIN or SSN). We need it to
ensure that you are complying with these laws
and to allow us to figure and collect the right
amount of tax. Failure to provide this information
in a timely manner, or providing false
information, may subject you to penalties.
Routine uses of this information include giving it
to the Department of Justice for civil and
criminal litigation, and to cities, states, and the
District of Columbia for use in the administration
of their taxes. We may also disclose this
information to federal and state agencies to
enforce federal nontax criminal laws and to
combat terrorism.
You are not required to provide the information
requested on a form that is subject to the
Paperwork Reduction Act unless the form
displays a valid OMB control number. Books or
records relating to a form or its instructions must
be retained as long as their contents may
become material in the administration of any
Internal Revenue law. Generally, tax returns and
return information are confidential, as required by
Code section 6103.
The time needed to complete and file this form
will vary depending on individual circumstances.
The estimated average time is:
Recordkeeping .

.

.

.

.

7 hr., 10 min.

Learning about the
law or the form . .

.

.

.

1 hr., 17 min.

Preparing the form .

.

.

.

1 hr., 27 min.

.

.

Copying, assembling, and
sending the form to the IRS

.

16 min.

If you have comments concerning the
accuracy of these time estimates or suggestions
for making this form simpler, we would be happy
to hear from you. You can write to the Internal
Revenue Service, Tax Products Coordinating
Committee, SE:W:CAR:MP:T:M:S, 1111
Constitution Ave. NW, IR-6526, Washington, DC
20224. Do not send the tax form to this office.
Instead, see When and Where To File above.