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131 STAT. 2164 PUBLIC LAW 115–97—DEC. 22, 2017 section 83(i) with respect to the stock received in connection with the exercise of such option.’’. (B) EMPLOYEE STOCK PURCHASE PLANS.—Section 423 is amended— (i) in subsection (b)(5), by striking ‘‘and’’ before ‘‘the plan’’ and by inserting ‘‘, and the rules of section 83(i) shall apply in determining which employees have a right to make an election under such section’’ before the semicolon at the end, and (ii) by adding at the end the following new sub- section: ‘‘(d) COORDINATION WITH QUALIFIED EQUITY GRANTS.—An option for which an election is made under section 83(i) with respect to the stock received in connection with its exercise shall not be considered as granted pursuant an employee stock purchase plan.’’. (2) EXCLUSION FROM DEFINITION OF NONQUALIFIED DEFERRED COMPENSATION PLAN.—Subsection (d) of section 409A is amended by adding at the end the following new paragraph: ‘‘(7) TREATMENT OF QUALIFIED STOCK.—An arrangement under which an employee may receive qualified stock (as defined in section 83(i)(2)) shall not be treated as a nonqualified deferred compensation plan with respect to such employee solely because of such employee’s election, or ability to make an election, to defer recognition of income under section 83(i).’’. (d) INFORMATION REPORTING.—Section 6051(a) is amended by striking ‘‘and’’ at the end of paragraph (14)(B), by striking the period at the end of paragraph (15) and inserting a comma, and by inserting after paragraph (15) the following new paragraphs: ‘‘(16) the amount includible in gross income under subpara- graph (A) of section 83(i)(1) with respect to an event described in subparagraph (B) of such section which occurs in such cal- endar year, and ‘‘(17) the aggregate amount of income which is being deferred pursuant to elections under section 83(i), determined as of the close of the calendar year.’’. (e) PENALTY FOR FAILURE OF EMPLOYER TO PROVIDE NOTICE OF TAX CONSEQUENCES.—Section 6652 is amended by adding at the end the following new subsection: ‘‘(p) FAILURE TO PROVIDE NOTICE UNDER SECTION 83(I).—In the case of each failure to provide a notice as required by section 83(i)(6), at the time prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid, on notice and demand of the Secretary and in the same manner as tax, by the person failing to provide such notice, an amount equal to $100 for each such failure, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $50,000.’’. (f) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply to stock attrib- utable to options exercised, or restricted stock units settled, after December 31, 2017. (2) REQUIREMENT TO PROVIDE NOTICE.—The amendments made by subsection (e) shall apply to failures after December 31, 2017. (g) TRANSITION RULE.—Until such time as the Secretary (or the Secretary’s delegate) issues regulations or other guidance for 26 USC 83 note. 26 USC 83 note. 26 USC 423. VerDate Sep 11 2014 10:09 Oct 18, 2018 Jkt 079139 PO 00097 Frm 00112 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL097.115 PUBL097 dkrause on DSKBC28HB2PROD with PUBLAWS