-CITE-
26 USC CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
-HEAD-
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
-MISC1-
Subchapter Sec.(!1)
A. Procedure in general 6401
B. Rules of special application 6411
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1464, 7422, 7801, 7851 of
this title.
-FOOTNOTE-
(!1) Section numbers editorially supplied.
-End-
-CITE-
26 USC Subchapter A - Procedure in General 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
SUBCHAPTER A - PROCEDURE IN GENERAL
-MISC1-
Sec.
6401. Amounts treated as overpayments.
6402. Authority to make credits or refunds.
6403. Overpayment of installment.
6404. Abatements.
6405. Reports of refunds and credits.
6406. Prohibition of administrative review of decisions.
6407. Date of allowance of refund or credit.
6408. State escheat laws not to apply.
AMENDMENTS
1987 - Pub. L. 100-203, title X, Sec. 10621(b), Dec. 22, 1987,
101 Stat. 1330-452, added item 6408.
-End-
-CITE-
26 USC Sec. 6401 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6401. Amounts treated as overpayments
-STATUTE-
(a) Assessment and collection after limitation period.
The term "overpayment" includes that part of the amount of the
payment of any internal revenue tax which is assessed or collected
after the expiration of the period of limitation properly
applicable thereto.
(b) Excessive credits
(1) In general
If the amount allowable as credits under subpart C of part IV
of subchapter A of chapter 1 (relating to refundable credits)
exceeds the tax imposed by subtitle A (reduced by the credits
allowable under subparts A, B, D, and G of such part IV), the
amount of such excess shall be considered an overpayment.
(2) Special rule for credit under section 33
For purposes of paragraph (1), any credit allowed under section
33 (relating to withholding of tax on nonresident aliens and on
foreign corporations) for any taxable year shall be treated as a
credit allowable under subpart C of part IV of subchapter A of
chapter 1 only if an election under subsection (g) or (h) of
section 6013 is in effect for such taxable year. The preceding
sentence shall not apply to any credit so allowed by reason of
section 1446.
(c) Rule where no tax liability
An amount paid as tax shall not be considered not to constitute
an overpayment solely by reason of the fact that there was no tax
liability in respect of which such amount was paid.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 791; Pub. L. 89-44, title VIII,
Sec. 809(d)(6), June 21, 1965, 79 Stat. 168; Pub. L. 91-172, title
III, Sec. 331(c), Dec. 30, 1969, 83 Stat. 598; Pub. L. 91-258,
title II, Sec. 207(d)(1), May 21, 1970, 84 Stat. 248; Pub. L.
94-12, title II, Sec. 204(b)(1), Mar. 29, 1975, 89 Stat. 31; Pub.
L. 94-455, title VII, Sec. 701(f)(2), (3), Oct. 4, 1976, 90 Stat.
1580; Pub. L. 95-600, title VII, Sec. 701(u)(15)(D), Nov. 6, 1978,
92 Stat. 2919; Pub. L. 95-618, title III, Sec. 301(c)(2), Nov. 9,
1978, 92 Stat. 3199; Pub. L. 96-222, title I, Sec.
103(a)(2)(B)(iv), Apr. 1, 1980, 94 Stat. 209; Pub. L. 96-223, title
II, Sec. 223(b)(2), Apr. 2, 1980, 94 Stat. 266; Pub. L. 97-248,
title III, Secs. 307(a)(9), 308(a), Sept. 3, 1982, 96 Stat. 589,
591; Pub. L. 98-67, title I, Sec. 102(a), Aug. 5, 1983, 97 Stat.
369; Pub. L. 98-369, div. A, title IV, Sec. 474(r)(36), title VII,
Sec. 735(c)(16), July 18, 1984, 98 Stat. 846, 985; Pub. L. 99-514,
title XII, Sec. 1246(b), Oct. 22, 1986, 100 Stat. 2582; Pub. L.
100-647, title I, Sec. 1012(s)(1)(B), Nov. 10, 1988, 102 Stat.
3527; Pub. L. 105-206, title VI, Sec. 6022(a), July 22, 1998, 112
Stat. 824.)
-MISC1-
AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-206 substituted "D, and G" for
"and D".
1988 - Subsec. (b)(2). Pub. L. 100-647 amended last sentence
generally, substituting "credit so allowed by reason of section
1446" for "amount deducted and withheld under section 1446".
1986 - Subsec. (b)(2). Pub. L. 99-514 inserted last sentence.
1984 - Subsec. (b). Pub. L. 98-369, Sec. 474(r)(36), amended
subsec. (b) generally. Prior to amendment, subsec. (b) read as
follows: "If the amount allowable as credits under sections 31
(relating to tax withheld on wages) and 39 (relating to certain
uses of gasoline and special fuels), and 43 (relating to earned
income credit), exceeds the tax imposed by subtitle A (reduced by
the credits allowable under subpart A of part IV of subchapter A of
chapter 1, other than the credits allowable under sections 31, 39,
and 43), the amount of such excess shall be considered an
overpayment. For purposes of the preceding sentence, any credit
allowed under paragraph (1) of section 32 (relating to withholding
of tax on nonresident aliens and on foreign corporations) to a
nonresident alien individual for a taxable year with respect to
which an election under section 6013(g) or (h) is in effect shall
be treated as an amount allowable as a credit under section 31."
Pub. L. 98-369, Sec. 735(c)(16), substituted "and special fuels"
for ", special fuels, and lubricating oil".
1983 - Subsec. (b). Pub. L. 98-67 repealed amendments made by
Pub. L. 97-248. See 1982 Amendment note below.
1982 - Subsec. (b). Pub. L. 97-248 provided that, applicable to
payments of interest, dividends, and patronage dividends paid or
credited after June 30, 1983, subsec. (b) is amended by inserting
", interest, dividends, and patronage dividends" after "tax
withheld on wages". Section 102(a), (b) of Pub. L. 98-67, title I,
Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (Secs. 301-308) of
title III of Pub. L. 97-247 as of the close of June 30, 1983, and
provided that the Internal Revenue Code of 1954 [now 1986] [this
title] shall be applied and administered (subject to certain
exceptions) as if such subtitle A (and the amendments made by such
subtitle A) had not been enacted.
1980 - Subsec. (d). Pub. L. 96-223 struck out subsec. (d) which
made a cross reference to section 46(a)(9)(C) for a rule allowing a
refund for excess investment credit attributable to solar or wind
energy property.
Pub. L. 96-222 substituted "46(a)(9)(C)" for "46(a)(10)(C)".
1978 - Subsec. (b). Pub. L. 95-600 inserted provisions relating
to credit to a nonresident alien individual.
Subsec. (d). Pub. L. 95-618 added subsec. (d).
1976 - Subsec. (b). Pub. L. 94-455 substituted "wages) and" and
"lubricating oil), and" for "wages)," and "lubricating oil),",
respectively; and pars. (2) and (3) made identical change: striking
out "and 667(b) (relating to taxes paid by certain trusts)" after
"(relating to earned income credit)".
1975 - Subsec. (b). Pub. L. 94-12 inserted "43 (relating to
earned income credit)," before "and 667(b)" and substituted ", 39,
and 43" for "and 39".
1970 - Subsec. (b). Pub. L. 91-258 inserted reference to credits
under section 39 relating to certain uses of special fuels.
1969 - Subsec. (b). Pub. L. 91-172 struck out "under sections 31
and 39" after "Excessive credits" in heading and inserted in text
reference to section 667(b) (relating to taxes paid by certain
trusts).
1965 - Subsec. (b). Pub. L. 89-44 substituted "Excessive credits
under sections 31 and 39" for "Excessive withholding" in heading
and expanded text to include credits under section 39.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-206, title VI, Sec. 6022(b), July 22, 1998, 112 Stat.
824, provided that: "The amendment made by subsection (a) [amending
this section] shall take effect as if included in the amendments
made by section 701(b) of the Tax Reform Act of 1986 [Pub. L.
99-514]."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 applicable to taxable years
beginning after Dec. 31, 1987, see section 1012(s)(1)(D) of Pub. L.
100-647, set out as a note under section 1446 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to distributions after
Dec. 31, 1987, or, if earlier, the effective date of the initial
regulations issued under section 1446 of this title, which date
shall not be earlier than Jan. 1, 1987, see section 1246(d) of Pub.
L. 99-514, set out as an Effective Date note under section 1446 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 474(r)(36) of Pub. L. 98-369 applicable to
taxable years beginning after Dec. 31, 1983, and to carrybacks from
such years, see section 475(a) of Pub. L. 98-369, set out as a note
under section 21 of this title.
Amendment by section 735(c)(16) of Pub. L. 98-369 effective,
except as otherwise provided, as if included in the provisions of
the Highway Revenue Act of 1982, title V of Pub. L. 97-424, to
which such amendment relates, see section 736 of Pub. L. 98-369,
set out as a note under section 4051 of this title.
EFFECTIVE DATE OF 1980 AMENDMENTS
Amendment by Pub. L. 96-223 applicable to qualified investment
for taxable years beginning after Dec. 31, 1979, see section
223(b)(3) of Pub. L. 96-223, set out as a note under section 46 of
this title.
Amendment by Pub. L. 96-222 effective, except as otherwise
provided, as if it had been included in the provisions of the
Revenue Act of 1978, Pub. L. 95-600, to which such amendment
relates, see section 201 of Pub. L. 96-222, set out as a note under
section 32 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-600, to the extent amendment relates to
chapter 1 or 5 of this title, applicable to taxable years ending on
or after Dec. 31, 1975, and, to the extent amendment relates to
wage withholding under chapter 24 of this title, applicable to
remuneration paid on or after the first day of the first month
which begins more than 90 days after Nov. 6, 1978, see section
701(u)(15)(E) of Pub. L. 95-600, set out as a note under section
6013 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-455 applicable to distributions made in
taxable years beginning after Dec. 31, 1975, see section 701(h) of
Pub. L. 94-455, set out as a note under section 667 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94-12 applicable to taxable years beginning
after Dec. 31, 1974, see section 209(b) of Pub. L. 94-12, as
amended, set out as a note under section 32 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-258 effective July 1, 1970, see section
211(a) of Pub. L. 91-258, set out as a note under section 4041 of
this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable to taxable years beginning
before Jan. 1, 1970, see section 331(d) of Pub. L. 91-172, set out
as a note under section 665 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-44 applicable to taxable years beginning
on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set
out as a note under section 6420 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 36, 6514 of this title.
-End-
-CITE-
26 USC Sec. 6402 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6402. Authority to make credits or refunds
-STATUTE-
(a) General rule
In the case of any overpayment, the Secretary, within the
applicable period of limitations, may credit the amount of such
overpayment, including any interest allowed thereon, against any
liability in respect of an internal revenue tax on the part of the
person who made the overpayment and shall, subject to subsections
(c), (d), and (e) refund any balance to such person.
(b) Credits against estimated tax
The Secretary is authorized to prescribe regulations providing
for the crediting against the estimated income tax for any taxable
year of the amount determined by the taxpayer or the Secretary to
be an overpayment of the income tax for a preceding taxable year.
(c) Offset of past-due support against overpayments
The amount of any overpayment to be refunded to the person making
the overpayment shall be reduced by the amount of any past-due
support (as defined in section 464(c) of the Social Security Act)
owed by that person of which the Secretary has been notified by a
State in accordance with section 464 of the Social Security Act.
The Secretary shall remit the amount by which the overpayment is so
reduced to the State collecting such support and notify the person
making the overpayment that so much of the overpayment as was
necessary to satisfy his obligation for past-due support has been
paid to the State. A reduction under this subsection shall be
applied first to satisfy any past-due support which has been
assigned to the State under section 402(a)(26) (!1) or 471(a)(17)
of the Social Security Act, and shall be applied to satisfy any
other past-due support after any other reductions allowed by law
(but before a credit against future liability for an internal
revenue tax) have been made. This subsection shall be applied to an
overpayment prior to its being credited to a person's future
liability for an internal revenue tax.
(d) Collection of debts owed to Federal agencies
(1) In general
Upon receiving notice from any Federal agency that a named
person owes a past-due legally enforceable debt (other than
past-due support subject to the provisions of subsection (c)) to
such agency, the Secretary shall -
(A) reduce the amount of any overpayment payable to such
person by the amount of such debt;
(B) pay the amount by which such overpayment is reduced under
subparagraph (A) to such agency; and
(C) notify the person making such overpayment that such
overpayment has been reduced by an amount necessary to satisfy
such debt.
(2) Priorities for offset
Any overpayment by a person shall be reduced pursuant to this
subsection after such overpayment is reduced pursuant to
subsection (c) with respect to past-due support collected
pursuant to an assignment under section 402(a)(26) (!1) of the
Social Security Act and before such overpayment is reduced
pursuant to subsection (e) and before such overpayment is
credited to the future liability for tax of such person pursuant
to subsection (b). If the Secretary receives notice from a
Federal agency or agencies of more than one debt subject to
paragraph (1) that is owed by a person to such agency or
agencies, any overpayment by such person shall be applied against
such debts in the order in which such debts accrued.
(3) Treatment of OASDI overpayments
(A) Requirements
Paragraph (1) shall apply with respect to an OASDI
overpayment only if the requirements of paragraphs (1) and (2)
of section 3720A(f) of title 31, United States Code, are met
with respect to such overpayment.
(B) Notice; protection of other persons filing joint return
(i) Notice
In the case of a debt consisting of an OASDI overpayment,
if the Secretary determines upon receipt of the notice
referred to in paragraph (1) that the refund from which the
reduction described in paragraph (1)(A) would be made is
based upon a joint return, the Secretary shall -
(I) notify each taxpayer filing such joint return that
the reduction is being made from a refund based upon such
return, and
(II) include in such notification a description of the
procedures to be followed, in the case of a joint return,
to protect the share of the refund which may be payable to
another person.
(ii) Adjustments based on protections given to other
taxpayers on joint return
If the other person filing a joint return with the person
owing the OASDI overpayment takes appropriate action to
secure his or her proper share of the refund subject to
reduction under this subsection, the Secretary shall pay such
share to such other person. The Secretary shall deduct the
amount of such payment from amounts which are derived from
subsequent reductions in refunds under this subsection and
are payable to a trust fund referred to in subparagraph (C).
(C) Deposit of amount of reduction into appropriate trust fund
In lieu of payment, pursuant to paragraph (1)(B), of the
amount of any reduction under this subsection to the
Commissioner of Social Security, the Secretary shall deposit
such amount in the Federal Old-Age and Survivors Insurance
Trust Fund or the Federal Disability Insurance Trust Fund,
whichever is certified to the Secretary as appropriate by the
Commissioner of Social Security.
(D) OASDI overpayment
For purposes of this paragraph, the term "OASDI overpayment"
means any overpayment of benefits made to an individual under
title II of the Social Security Act.
(e) Collection of past-due, legally enforceable State income tax
obligations
(1) In general
Upon receiving notice from any State that a named person owes a
past-due, legally enforceable State income tax obligation to such
State, the Secretary shall, under such conditions as may be
prescribed by the Secretary -
(A) reduce the amount of any overpayment payable to such
person by the amount of such State income tax obligation;
(B) pay the amount by which such overpayment is reduced under
subparagraph (A) to such State and notify such State of such
person's name, taxpayer identification number, address, and the
amount collected; and
(C) notify the person making such overpayment that the
overpayment has been reduced by an amount necessary to satisfy
a past-due, legally enforceable State income tax obligation.
If an offset is made pursuant to a joint return, the notice under
subparagraph (B) shall include the names, taxpayer identification
numbers, and addresses of each person filing such return.
(2) Offset permitted only against residents of State seeking
offset
Paragraph (1) shall apply to an overpayment by any person for a
taxable year only if the address shown on the Federal return for
such taxable year of the overpayment is an address within the
State seeking the offset.
(3) Priorities for offset
Any overpayment by a person shall be reduced pursuant to this
subsection -
(A) after such overpayment is reduced pursuant to -
(i) subsection (a) with respect to any liability for any
internal revenue tax on the part of the person who made the
overpayment;
(ii) subsection (c) with respect to past-due support; and
(iii) subsection (d) with respect to any past-due, legally
enforceable debt owed to a Federal agency; and
(B) before such overpayment is credited to the future
liability for any Federal internal revenue tax of such person
pursuant to subsection (b).
If the Secretary receives notice from one or more agencies of the
State of more than one debt subject to paragraph (1) that is owed
by such person to such an agency, any overpayment by such person
shall be applied against such debts in the order in which such
debts accrued.
(4) Notice; consideration of evidence
No State may take action under this subsection until such State
-
(A) notifies by certified mail with return receipt the person
owing the past-due State income tax liability that the State
proposes to take action pursuant to this section;
(B) gives such person at least 60 days to present evidence
that all or part of such liability is not past-due or not
legally enforceable;
(C) considers any evidence presented by such person and
determines that an amount of such debt is past-due and legally
enforceable; and
(D) satisfies such other conditions as the Secretary may
prescribe to ensure that the determination made under
subparagraph (C) is valid and that the State has made
reasonable efforts to obtain payment of such State income tax
obligation.
(5) Past-due, legally enforceable State income tax obligation
For purposes of this subsection, the term "past-due, legally
enforceable State income tax obligation" means a debt -
(A)(i) which resulted from -
(I) a judgment rendered by a court of competent
jurisdiction which has determined an amount of State income
tax to be due; or
(II) a determination after an administrative hearing which
has determined an amount of State income tax to be due; and
(ii) which is no longer subject to judicial review; or
(B) which resulted from a State income tax which has been
assessed but not collected, the time for redetermination of
which has expired, and which has not been delinquent for more
than 10 years.
For purposes of this paragraph, the term "State income tax"
includes any local income tax administered by the chief tax
administration agency of the State.
(6) Regulations
The Secretary shall issue regulations prescribing the time and
manner in which States must submit notices of past-due, legally
enforceable State income tax obligations and the necessary
information that must be contained in or accompany such notices.
The regulations shall specify the types of State income taxes and
the minimum amount of debt to which the reduction procedure
established by paragraph (1) may be applied. The regulations may
require States to pay a fee to reimburse the Secretary for the
cost of applying such procedure. Any fee paid to the Secretary
pursuant to the preceding sentence shall be used to reimburse
appropriations which bore all or part of the cost of applying
such procedure.
(7) Erroneous payment to State
Any State receiving notice from the Secretary that an erroneous
payment has been made to such State under paragraph (1) shall pay
promptly to the Secretary, in accordance with such regulations as
the Secretary may prescribe, an amount equal to the amount of
such erroneous payment (without regard to whether any other
amounts payable to such State under such paragraph have been paid
to such State).
(f) Review of reductions
No court of the United States shall have jurisdiction to hear any
action, whether legal or equitable, brought to restrain or review a
reduction authorized by subsection (c), (d), or (e). No such
reduction shall be subject to review by the Secretary in an
administrative proceeding. No action brought against the United
States to recover the amount of any such reduction shall be
considered to be a suit for refund of tax. This subsection does not
preclude any legal, equitable, or administrative action against the
Federal agency or State to which the amount of such reduction was
paid or any such action against the Commissioner of Social Security
which is otherwise available with respect to recoveries of
overpayments of benefits under section 204 of the Social Security
Act.
(g) Federal agency
For purposes of this section, the term "Federal agency" means a
department, agency, or instrumentality of the United States, and
includes a Government corporation (as such term is defined in
section 103 of title 5, United States Code).
(h) Treatment of payments to States
The Secretary may provide that, for purposes of determining
interest, the payment of any amount withheld under subsection (c)
or (e) to a State shall be treated as a payment to the person or
persons making the overpayment.
(i) Cross reference
For procedures relating to agency notification of the Secretary,
see section 3721 of title 31, United States Code.
(j) Refunds to certain fiduciaries of insolvent members of
affiliated groups
Notwithstanding any other provision of law, in the case of an
insolvent corporation which is a member of an affiliated group of
corporations filing a consolidated return for any taxable year and
which is subject to a statutory or court-appointed fiduciary, the
Secretary may by regulation provide that any refund for such
taxable year may be paid on behalf of such insolvent corporation to
such fiduciary to the extent that the Secretary determines that the
refund is attributable to losses or credits of such insolvent
corporation.
(k) Explanation of reason for refund disallowance
In the case of a disallowance of a claim for refund, the
Secretary shall provide the taxpayer with an explanation for such
disallowance.
-SOURCE-
(Aug. 6, 1954, ch. 736, 68A Stat. 791; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13) (A), (K), Oct. 4, 1976, 90 Stat. 1834, 1835; Pub.
L. 97-35, title XXIII, Sec. 2331(c), Aug. 13, 1981, 95 Stat. 861;
Pub. L. 98-369, div. B, title VI, Sec. 2653(b)(1), (2), July 18,
1984, 98 Stat. 1154, 1155; Pub. L. 98-378, Sec. 21(e), Aug. 16,
1984, 98 Stat. 1325; Pub. L. 100-647, title VI, Sec. 6276, Nov. 10,
1988, 102 Stat. 3753; Pub. L. 101-508, title V, Sec. 5129(c), Nov.
5, 1990, 104 Stat. 1388-288; Pub. L. 103-296, title I, Sec.
108(h)(7), Aug. 15, 1994, 108 Stat. 1487; Pub. L. 104-134, title
III, Sec. 31001(u)(2), Apr. 26, 1996, 110 Stat. 1321-375; Pub. L.
104-193, title I, Sec. 110(l)(7), Aug. 22, 1996, 110 Stat. 2173;
Pub. L. 105-33, title V, Sec. 5514(a)(1), Aug. 5, 1997, 111 Stat.
620; Pub. L. 105-206, title III, Secs. 3505(a), 3711(a), (c), July
22, 1998, 112 Stat. 771, 779, 781.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (c), (d)(2),
(3)(D), and (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
amended. Title II of the Act is classified generally to subchapter
II (Sec. 401 et seq.) of chapter 7 of Title 42, The Public Health
and Welfare. Sections 204, 464, and 471(a)(17) of the Act are
classified to sections 404, 664, and 671(a)(17) of Title 42.
Section 402 of the Act, which was classified to section 602 of
Title 42, was repealed and a new section 402 enacted by Pub. L.
104-193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112. As
so enacted section 402 does not contain a subsec. (a)(26). For
complete classification of this Act to the Code, see section 1305
of Title 42 and Tables.
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-206, Sec. 3711(c)(1), substituted
"(c), (d), and (e)" for "(c) and (d)".
Subsec. (d)(2). Pub. L. 105-206, Sec. 3711(c)(2), substituted
"and before such overpayment is reduced pursuant to subsection (e)
and before such overpayment" for "and before such overpayment".
Subsec. (e). Pub. L. 105-206, Sec. 3711(a), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 105-206, Sec. 3711(a), (c)(3), redesignated
subsec. (e) as (f) and substituted "(c), (d), or (e)" for "(c) or
(d)" and "Federal agency or State" for "Federal agency". Former
subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105-206, Sec. 3711(a), redesignated subsec.
(f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 105-206, Sec. 3711(a), (c)(4), redesignated
subsec. (g) as (h) and substituted "subsection (c) or (e)" for
"subsection (c)". Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 105-206, Sec. 3711(a), redesignated subsec.
(h) as (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 105-206, Sec. 3711(a), redesignated subsec.
(i) as (j). Former subsec. (j) redesignated (k).
Pub. L. 105-206, Sec. 3505(a), added subsec. (j).
Subsec. (k). Pub. L. 105-206, Sec. 3711(a), redesignated subsec.
(j) as (k).
1997 - Subsecs. (a), (e) to (j). Pub. L. 105-33 repealed Pub. L.
104-193, Sec. 110(l)(7). See 1996 Amendment notes below.
1996 - Subsec. (a). Pub. L. 104-193, Sec. 110(l)(7)(A), which
directed substitution of "(c), (d), and (e)" for "(c) and (d)", was
repealed by Pub. L. 105-33.
Subsec. (e). Pub. L. 104-193, Sec. 110(l)(7)(C), which directed
amendment by adding subsec. (e), reading as follows: "Collection of
Overpayments Under Title IV-A of the Social Security Act. - The
amount of any overpayment to be refunded to the person making the
overpayment shall be reduced (after reductions pursuant to
subsections (c) and (d), but before a credit against future
liability for an internal revenue tax) in accordance with section
405(e) of the Social Security Act (concerning recovery of
overpayments to individuals under State plans approved under part A
of title IV of such Act).", was repealed by Pub. L. 105-33.
Subsec. (f). Pub. L. 104-193, Sec. 110(l)(7)(B), which directed
amendment by redesignating subsec. (e) as (f), was repealed by Pub.
L. 105-33.
Pub. L. 104-134 amended subsec. (f) generally. Prior to
amendment, subsec. (f) read as follows: "For purposes of this
section, the term 'Federal agency' means a department, agency, or
instrumentality of the United States (other than an agency subject
to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32;
16 U.S.C. 831h)), and includes a Government corporation (as such
term is defined in section 103 of title 5, United States Code)."
Subsecs. (g) to (j). Pub. L. 104-193, Sec. 110(l)(7)(B), which
directed amendment by redesignating subsecs. (f) to (i) as (g) to
(j), respectively, was repealed by Pub. L. 105-33.
1994 - Subsecs. (d)(3)(C), (e). Pub. L. 103-296 substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services" wherever appearing.
1990 - Subsec. (d)(1). Pub. L. 101-508, Sec. 5129(c)(1)(A),
struck out "any OASDI overpayment and" after "(other than".
Subsec. (d)(3). Pub. L. 101-508, Sec. 5129(c)(1)(B), added par.
(3) and struck out former par. (3) which read as follows: "For
purposes of this subsection the term 'OASDI overpayment' means any
overpayment of benefits made to an individual under title II of the
Social Security Act."
Subsec. (e). Pub. L. 101-508, Sec. 5129(c)(2), inserted before
period at end "or any such action against the Secretary of Health
and Human Services which is otherwise available with respect to
recoveries of overpayments of benefits under section 204 of the
Social Security Act".
1988 - Subsec. (i). Pub. L. 100-647 added subsec. (i).
1984 - Subsec. (a). Pub. L. 98-369, Sec. 2653(b)(2), substituted
"subsections (c) and (d)" for "subsection (c)".
Subsec. (c). Pub. L. 98-378, Sec. 21(e)(1), substituted
"collecting such support" for "to which such support has been
assigned" and inserted provision that a reduction under this
subsection shall be applied first to satisfy any past-due support
which has been assigned to the State under section 402(a)(26) or
471(a)(17) of the Social Security Act, and shall be applied to
satisfy any other past-due support after any other reductions
allowed by law (but before a credit against future liability for an
internal revenue tax) have been made.
Subsecs. (d) to (f). Pub. L. 98-369, Sec. 2653(b)(1), added
subsecs. (d) to (f).
Subsec. (g). Pub. L. 98-378, Sec. 21(e)(2), added subsec. (g).
Former subsec. (g) redesignated (h).
Pub. L. 98-369, Sec. 2653(b)(1), added subsec. (g).
Subsec. (h). Pub. L. 98-378, Sec. 21(e)(2), redesignated former
subsec. (g) as (h).
1981 - Subsec. (a). Pub. L. 97-35, Sec. 2331(c)(1), inserted
reference to subsec. (c) of this section.
Subsec. (c). Pub. L. 97-35, Sec. 2331(c)(2), added subsec. (c).
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-206, title III, Sec. 3505(b), July 22, 1998, 112
Stat. 771, provided that: "The amendment made by this section
[amending this section] shall apply to disallowances after the
180th day after the date of the enactment of this Act [July 22,
1998]."
Amendment by section 3711 of Pub. L. 105-206 applicable to
refunds payable under this section after Dec. 31, 1999, see section
3711(d) of Pub. L. 105-206, set out as a note under section 6103 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-33 effective as if included in section
110 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. 104-193, at the time such
section 110 became law, see section 5518(c) of Pub. L. 105-33, set
out as a note under section 51 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-193 effective July 1, 1997, with
transition rules relating to State options to accelerate such date,
rules relating to claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for terminated
or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of
Pub. L. 104-193, as amended, set out as an Effective Date note
under section 601 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 5129(d) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section, section 3720A of Title
31, Money and Finance, and section 404 of Title 42, The Public
Health and Welfare] -
"(1) shall take effect January 1, 1991, and
"(2) shall not apply to refunds to which the amendments made by
section 2653 of the Deficit Reduction Act of 1984 (98 Stat. 1153)
[enacting section 3720A of Title 31 and amending this section and
sections 6103 and 7213 of this title] do not apply."
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by Pub. L. 98-378 applicable with respect to refunds
payable under this section after Dec. 31, 1985, see section 21(g)
of Pub. L. 98-378, set out as a note under section 6103 of this
title.
Section 2653(c) of Pub. L. 98-369, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-203, title IX,
Sec. 9402(a), Dec. 22, 1987, 101 Stat. 1330-376; Pub. L. 100-485,
title VII, Sec. 701(a), Oct. 13, 1988, 102 Stat. 2425; Pub. L.
102-164, title IV, Sec. 401(a), Nov. 15, 1991, 105 Stat. 1061,
provided that: "The amendments made by this section [enacting
section 3720A of Title 31, Money and Finance, and amending this
section and sections 6103 and 7213 of this title] shall apply with
respect to refunds payable under section 6402 of the Internal
Revenue Code of 1986 [formerly I.R.C. 1954] after December 31,
1985."
[Pub. L. 102-164, title IV, Sec. 401(b), Nov. 15, 1991, 105 Stat.
1061, provided that: "The amendment made by this section [amending
section 2653(c) of Pub. L. 98-369, set out above] shall take effect
on October 1, 1991."]
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective, except as otherwise
specifically provided, on Oct. 1, 1981, see section 2336 of Pub. L.
97-35, set out as a note under section 651 of Title 42, The Public
Health and Welfare.
ORGAN AND TISSUE DONATION INFORMATION INCLUDED WITH INCOME TAX
REFUND PAYMENTS
Pub. L. 104-191, title III, Sec. 371, Aug. 21, 1996, 110 Stat.
2072, provided that:
"(a) In General. - The Secretary of the Treasury shall, to the
extent practicable, include with the mailing of any payment of a
refund of individual income tax made during the period beginning on
February 1, 1997, and ending on June 30, 1997, a copy of the
document described in subsection (b).
"(b) Text of Document. - The Secretary of the Treasury shall,
after consultation with the Secretary of Health and Human Services
and organizations promoting organ and tissue (including eye)
donation, prepare a document suitable for inclusion with individual
income tax refund payments which -
"(1) encourages organ and tissue donation;
"(2) includes a detachable organ and tissue donor card; and
"(3) urges recipients to -
"(A) sign the organ and tissue donor card;
"(B) discuss organ and tissue donation with family members
and tell family members about the recipient's desire to be an
organ and tissue donor if the occasion arises; and
"(C) encourage family members to request or authorize organ
and tissue donation if the occasion arises."
CLARIFICATION OF CONGRESSIONAL INTENT AS TO SCOPE OF AMENDMENTS BY
SECTION 2653 OF PUB. L. 98-369
Pub. L. 100-203, title IX, Sec. 9402(b), Dec. 22, 1987, 101 Stat.
1330-376, provided that:
"(1) Nothing in the amendments made by section 2653 of the
Deficit Reduction Act of 1984 [enacting section 3720A of Title 31,
Money and Finance, and amending this section and sections 6103 and
7213 of this title] shall be construed as exempting debts of
corporations or any other category of persons from the application
of such amendments.
"(2) It is the intent of the Congress that, to the extent
practicable, the amendments made by section 2653 of the Deficit
Reduction Act of 1984 shall extend to all Federal agencies (as
defined in the amendments made by such section).
"(3) The Secretary of the Treasury shall issue regulations to
carry out the purposes of this subsection."
STUDY BY GENERAL ACCOUNTING OFFICE OF OPERATION AND EFFECTIVENESS
OF AMENDMENTS BY SECTION 2653 OF PUB. L. 98-369
Pub. L. 100-203, title IX, Sec. 9402(c), Dec. 22, 1987, 101 Stat.
1330-376, provided that: "The Comptroller General of the United
States, in consultation with the Secretary of the Treasury or his
delegate, shall conduct a study of the operation and effectiveness
of the amendments made by section 2653 of the Deficit Reduction Act
of 1984 [enacting section 3720A of Title 31, Money and Finance, and
amending this section and sections 6103 and 7213 of this title].
The study shall compile and evaluate information on the effect of
those amendments on voluntary compliance with the income tax laws.
Not later than April 1, 1989, the Comptroller General shall submit
to the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report of the study
conducted under this subsection, together with such recommendations
as he may deem advisable."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6103, 6331, 6403, 6512,
6513, 6861, 9502 of this title; title 42 section 664.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
26 USC Sec. 6403 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6403. Overpayment of installment
-STATUTE-
In the case of a tax payable in installments, if the taxpayer has
paid as an installment of the tax more than the amount determined
to be the correct amount of such installment, the overpayment shall
be credited against the unpaid installments, if any. If the amount
already paid, whether or not on the basis of installments, exceeds
the amount determined to be the correct amount of the tax, the
overpayment shall be credited or refunded as provided in section
6402.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 791.)
-End-
-CITE-
26 USC Sec. 6404 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6404. Abatements
-STATUTE-
(a) General rule
The Secretary is authorized to abate the unpaid portion of the
assessment of any tax or any liability in respect thereof, which -
(1) is excessive in amount, or
(2) is assessed after the expiration of the period of
limitation properly applicable thereto, or
(3) is erroneously or illegally assessed.
(b) No claim for abatement of income, estate, and gift taxes
No claim for abatement shall be filed by a taxpayer in respect of
any assessment of any tax imposed under subtitle A or B.
(c) Small tax balances
The Secretary is authorized to abate the unpaid portion of the
assessment of any tax, or any liability in respect thereof, if the
Secretary determines under uniform rules prescribed by the
Secretary that the administration and collection costs involved
would not warrant collection of the amount due.
(d) Assessments attributable to certain mathematical errors by
Internal Revenue Service
In the case of an assessment of any tax imposed by chapter 1
attributable in whole or in part to a mathematical error described
in section 6213(g)(2)(A), if the return was prepared by an officer
or employee of the Internal Revenue Service acting in his official
capacity to provide assistance to taxpayers in the preparation of
income tax returns, the Secretary is authorized to abate the
assessment of all or any part of any interest on such deficiency
for any period ending on or before the 30th day following the date
of notice and demand by the Secretary for payment of the
deficiency.
(e) Abatement of interest attributable to unreasonable errors and
delays by Internal Revenue Service
(1) In general
In the case of any assessment of interest on -
(A) any deficiency attributable in whole or in part to any
unreasonable error or delay by an officer or employee of the
Internal Revenue Service (acting in his official capacity) in
performing a ministerial or managerial act, or
(B) any payment of any tax described in section 6212(a) to
the extent that any unreasonable error or delay in such payment
is attributable to such an officer or employee being erroneous
or dilatory in performing a ministerial or managerial act,
the Secretary may abate the assessment of all or any part of such
interest for any period. For purposes of the preceding sentence,
an error or delay shall be taken into account only if no
significant aspect of such error or delay can be attributed to
the taxpayer involved, and after the Internal Revenue Service has
contacted the taxpayer in writing with respect to such deficiency
or payment.
(2) Interest abated with respect to erroneous refund check
The Secretary shall abate the assessment of all interest on any
erroneous refund under section 6602 until the date demand for
repayment is made, unless -
(A) the taxpayer (or a related party) has in any way caused
such erroneous refund, or
(B) such erroneous refund exceeds $50,000.
(f) Abatement of any penalty or addition to tax attributable to
erroneous written advice by the Internal Revenue Service
(1) In general
The Secretary shall abate any portion of any penalty or
addition to tax attributable to erroneous advice furnished to the
taxpayer in writing by an officer or employee of the Internal
Revenue Service, acting in such officer's or employee's official
capacity.
(2) Limitations
Paragraph (1) shall apply only if -
(A) the written advice was reasonably relied upon by the
taxpayer and was in response to a specific written request of
the taxpayer, and
(B) the portion of the penalty or addition to tax did not
result from a failure by the taxpayer to provide adequate or
accurate information.
(3) Initial regulations
Within 180 days after the date of the enactment of this
subsection, the Secretary shall prescribe such initial
regulations as may be necessary to carry out this subsection.
(g) Suspension of interest and certain penalties where Secretary
fails to contact taxpayer
(1) Suspension
(A) In general
In the case of an individual who files a return of tax
imposed by subtitle A for a taxable year on or before the due
date for the return (including extensions), if the Secretary
does not provide a notice to the taxpayer specifically stating
the taxpayer's liability and the basis for the liability before
the close of the 1-year period (18-month period in the case of
taxable years beginning before January 1, 2004) beginning on
the later of -
(i) the date on which the return is filed; or
(ii) the due date of the return without regard to
extensions,
the Secretary shall suspend the imposition of any interest,
penalty, addition to tax, or additional amount with respect to
any failure relating to the return which is computed by
reference to the period of time the failure continues to exist
and which is properly allocable to the suspension period.
(B) Separate application
This paragraph shall be applied separately with respect to
each item or adjustment.
(2) Exceptions
Paragraph (1) shall not apply to -
(A) any penalty imposed by section 6651;
(B) any interest, penalty, addition to tax, or additional
amount in a case involving fraud;
(C) any interest, penalty, addition to tax, or additional
amount with respect to any tax liability shown on the return;
or
(D) any criminal penalty.
(3) Suspension period
For purposes of this subsection, the term "suspension period"
means the period -
(A) beginning on the day after the close of the 1-year period
(18-month period in the case of taxable years beginning before
January 1, 2004) under paragraph (1); and
(B) ending on the date which is 21 days after the date on
which notice described in paragraph (1)(A) is provided by the
Secretary.
(h) Review of denial of request for abatement of interest
(1) In general
The Tax Court shall have jurisdiction over any action brought
by a taxpayer who meets the requirements referred to in section
7430(c)(4)(A)(ii) to determine whether the Secretary's failure to
abate interest under this section was an abuse of discretion, and
may order an abatement, if such action is brought within 180 days
after the date of the mailing of the Secretary's final
determination not to abate such interest.
(2) Special rules
(A) Date of mailing
Rules similar to the rules of section 6213 shall apply for
purposes of determining the date of the mailing referred to in
paragraph (1).
(B) Relief
Rules similar to the rules of section 6512(b) shall apply for
purposes of this subsection.
(C) Review
An order of the Tax Court under this subsection shall be
reviewable in the same manner as a decision of the Tax Court,
but only with respect to the matters determined in such order.
(i) Cross reference
For authority to suspend running of interest, etc. by reason
of Presidentially declared disaster or terroristic or military
action, see section 7508A.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 792; Pub. L. 94-455, title XII,
Sec. 1212(a), title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90
Stat. 1712, 1834; Pub. L. 96-589, Sec. 6(b)(2), Dec. 24, 1980, 94
Stat. 3407; Pub. L. 99-514, title XV, Sec. 1563(a), Oct. 22, 1986,
100 Stat. 2762; Pub. L. 100-647, title I, Sec. 1015(n), title VI,
Sec. 6229(a), Nov. 10, 1988, 102 Stat. 3572, 3733; Pub. L. 104-168,
title III, Secs. 301(a), (b), 302(a), title VII, Sec. 701(c)(3),
July 30, 1996, 110 Stat. 1457, 1464; Pub. L. 105-206, title III,
Secs. 3305(a), 3309(a), July 22, 1998, 112 Stat. 743, 745; Pub. L.
105-277, div. J, title IV, Sec. 4003(e)(2), Oct. 21, 1998, 112
Stat. 2681-909; Pub. L. 107-134, title I, Sec. 112(d)(1), Jan. 23,
2002, 115 Stat. 2434.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this subsection, referred to in
subsec. (f)(3), is the date of enactment of Pub. L. 100-647, which
was approved Nov. 10, 1988.
-MISC1-
AMENDMENTS
2002 - Subsecs. (h), (i). Pub. L. 107-134 added subsec. (i),
redesignated former subsec. (i) as (h), and struck out former
subsec. (h), which had authorized abatement of interest on
underpayments by taxpayers in Presidentially declared disaster
areas and defined the term "Presidentially declared disaster area"
for purposes of this provision.
1998 - Subsec. (g). Pub. L. 105-206, Sec. 3305(a), added subsec.
(g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 105-206, Sec. 3309(a), added subsec. (h).
Former subsec. (h) redesignated (i).
Pub. L. 105-206, Sec. 3305(a), redesignated subsec. (g) as (h).
Subsec. (h)(2). Pub. L. 105-277 inserted "Robert T. Stafford"
before "Disaster".
Subsec. (i). Pub. L. 105-206, Sec. 3309(a), redesignated subsec.
(h) as (i).
1996 - Subsec. (e). Pub. L. 104-168, Sec. 301(b), substituted
"Abatement of interest attributable to unreasonable errors" for
"Assessments of interest attributable to errors" in heading.
Subsec. (e)(1)(A), (B). Pub. L. 104-168, Sec. 301(a), inserted
"unreasonable" before "error" and substituted "in performing a
ministerial or managerial act" for "in performing a ministerial
act".
Subsec. (g). Pub. L. 104-168, Sec. 302(a), added subsec. (g).
Subsec. (g)(1). Pub. L. 104-168, Sec. 701(c)(3), substituted
"section 7430(c)(4)(A)(ii)" for "section 7430(c)(4)(A)(iii)".
1988 - Subsec. (e)(1)(B). Pub. L. 100-647, Sec. 1015(n), inserted
"error or" before "delay" and "erroneous or" before "dilatory".
Subsec. (f). Pub. L. 100-647, Sec. 6229(a), added subsec. (f).
1986 - Subsec. (e). Pub. L. 99-514 added subsec. (e).
1980 - Subsec. (d). Pub. L. 96-589 substituted "section
6213(g)(2)(A)" for "section 6213(f)(2)(A)".
1976 - Subsecs. (a), (c). Pub. L. 94-455, Sec. 1906(b)(13)(A),
struck out "or his delegate" after "Secretary" wherever appearing.
Subsec. (d). Pub. L. 94-455, Sec. 1212(a), added subsec. (d).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-134 applicable to disasters and
terroristic or military actions occurring on or after Sept. 11,
2001, with respect to any action of the Secretary of the Treasury,
the Secretary of Labor, or the Pension Benefit Guaranty Corporation
occurring on or after Jan. 23, 2002, see section 112(f) of Pub. L.
107-134, set out as a note under section 6081 of this title.
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendment by Pub. L. 105-277 effective as if included in the
provision of the Taxpayer Relief Act of 1997, Pub. L. 105-34, to
which such amendment relates, see section 4003(l) of Pub. L.
105-277, set out as a note under section 86 of this title.
Pub. L. 105-206, title III, Sec. 3305(b), July 22, 1998, 112
Stat. 743, provided that: "The amendments made by this section
[amending this section] shall apply to taxable years ending after
the date of the enactment of this Act [July 22, 1998]."
Pub. L. 105-206, title III, Sec. 3309(b), (c), July 22, 1998, 112
Stat. 745, provided that:
"(b) Effective Date. - The amendment made by this section
[amending this section] shall apply to disasters declared after
December 31, 1997, with respect to taxable years beginning after
December 31, 1997.
"(c) Emergency Designation. -
"(1) For the purposes of section 252(e) of the Balanced Budget
and Emergency Deficit Control Act [2 U.S.C. 902(e)], Congress
designates the provisions of this section as an emergency
requirement.
"(2) The amendments made by subsections (a) and (b) of this
section [amending this section] shall only take effect upon the
transmittal by the President to the Congress of a message
designating the provisions of subsections (a) and (b) as an
emergency requirement pursuant to section 252(e) of the Balanced
Budget and Emergency Deficit Control Act."
[For message of the President dated July 22, 1998, designating
the provisions of section 3309(a), (b) of Pub. L. 105-206 as an
emergency requirement pursuant to section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985 on July 22, 1998,
see Cong. Rec., vol. 144, p. H6160, Daily Issue.]
EFFECTIVE DATE OF 1996 AMENDMENT
Section 301(c) of Pub. L. 104-168 provided that: "The amendments
made by this section [amending this section] shall apply to
interest accruing with respect to deficiencies or payments for
taxable years beginning after the date of the enactment of this Act
[July 30, 1996]."
Section 302(b) of Pub. L. 104-168 provided that: "The amendment
made by this section [amending this section] shall apply to
requests for abatement after the date of the enactment of this Act
[July 30, 1996]."
Section 701(d) of Pub. L. 104-168 provided that: "The amendments
made by this section [amending this section and sections 6656 and
7430 of this title] shall apply in the case of proceedings
commenced after the date of the enactment of this Act [July 30,
1996]."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 1015(n) of Pub. L. 100-647 effective, except
as otherwise provided, as if included in the provision of the Tax
Reform Act of 1986, Pub. L. 99-514, to which such amendment
relates, see section 1019(a) of Pub. L. 100-647, set out as a note
under section 1 of this title.
Section 6229(b) of Pub. L. 100-647 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to advice requested on or after January 1, 1989."
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1563(b) of Pub. L. 99-514 provided that:
"(1) In general. - The amendment made by subsection (a) [amending
this section] shall apply to interest accruing with respect to
deficiencies or payments for taxable years beginning after December
31, 1978.
"(2) Statute of limitations. - If refund or credit of any amount
resulting from the application of the amendment made by subsection
(a) is prevented at any time before the close of the date which is
1 year after the date of the enactment of this Act [Oct. 22, 1986]
by the operation of any law or rule of law (including res
judicata), refund or credit of such amount (to the extent
attributable to the application of the amendment made by subsection
(a)) may, nevertheless, be made or allowed if claim therefore [sic]
is filed before the close of such 1-year period."
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-589 effective on Oct. 1, 1979, but not
applicable to proceedings under Title 11, Bankruptcy, commenced
before Oct. 1, 1979, see section 7(e) of Pub. L. 96-589, set out as
a note under section 108 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 1212(b) of Pub. L. 94-455 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to returns filed for taxable years ending after the date of
enactment of this Act [Oct. 4, 1976]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6213, 6230 of this title.
-End-
-CITE-
26 USC Sec. 6405 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6405. Reports of refunds and credits
-STATUTE-
(a) By Treasury to Joint Committee
No refund or credit of any income, war profits, excess profits,
estate, or gift tax, or any tax imposed with respect to public
charities, private foundations, operators' trust funds, pension
plans, or real estate investment trusts under chapter 41, 42, 43,
or 44, in excess of $2,000,000 shall be made until after the
expiration of 30 days from the date upon which a report giving the
name of the person to whom the refund or credit is to be made, the
amount of such refund or credit, and a summary of the facts and the
decision of the Secretary, is submitted to the Joint Committee on
Taxation.
(b) Tentative adjustments
Any credit or refund allowed or made under section 6411 shall be
made without regard to the provisions of subsection (a) of this
section. In any such case, if the credit or refund, reduced by any
deficiency in such tax thereafter assessed and by deficiencies in
any other tax resulting from adjustments reflected in the
determination of the credit or refund, is in excess of $2,000,000,
there shall be submitted to such committee a report containing the
matter specified in subsection (a) at such time after the making of
the credit or refund as the Secretary shall determine the correct
amount of the tax.
(c) Refunds attributable to certain disaster losses
If any refund or credit of income taxes is attributable to the
taxpayer's election under section 165(i) to deduct a disaster loss
for the taxable year immediately preceding the taxable year in
which the disaster occurred, the Secretary is authorized in his
discretion to make the refund or credit, to the extent attributable
to such election, without regard to the provisions of subsection
(a) of this section. If such refund or credit is made without
regard to subsection (a), there shall thereafter be submitted to
such Joint Committee a report containing the matter specified in
subsection (a) as soon as the Secretary shall determine the correct
amount of the tax for the taxable year for which the refund or
credit is made.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 792; Pub. L. 92-418, Sec. 2(b),
Aug. 29, 1972, 86 Stat. 657; Pub. L. 92-512, title II, Sec. 203(a),
Oct. 20, 1972, 86 Stat. 944; Pub. L. 94-455, title XII, Sec.
1210(a), (b), title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90
Stat. 1711, 1834; Pub. L. 95-227, Sec. 4(d)(3), Feb. 10, 1978, 92
Stat. 23; Pub. L. 98-369, div. A, title VII, Sec. 711(c)(3), July
18, 1984, 98 Stat. 946; Pub. L. 99-514, title XVIII, Sec. 1879(e),
Oct. 22, 1986, 100 Stat. 2906; Pub. L. 101-508, title XI, Secs.
11801(c)(21)(A), 11834(a), Nov. 5, 1990, 104 Stat. 1388-528,
1388-560; Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 305(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-634.)
-MISC1-
AMENDMENTS
2000 - Subsecs. (a), (b). Pub. L. 106-554 substituted
"$2,000,000" for "$1,000,000".
1990 - Subsecs. (a), (b). Pub. L. 101-508, Sec. 11834(a)
substituted "$1,000,000" for "$200,000".
Subsec. (d). Pub. L. 101-508, Sec. 11801(c)(21)(A), struck out
subsec. (d) which read as follows: "For purposes of this section, a
refund or credit made under subchapter E of chapter 64 (relating to
Federal collection of qualified State individual income taxes) for
a taxable year shall be treated as a portion of a refund or credit
of the income tax for that taxable year."
1986 - Subsecs. (b) to (e). Pub. L. 99-514 redesignated subsecs.
(c) to (e) as (b) to (d), respectively, and struck out former
subsec. (b) which read as follows: "A report to Congress shall be
made annually by such committee of such refunds and credits,
including the names of all persons and corporations to whom amounts
are credited or payments are made, together with the amounts
credited or paid to each."
1984 - Subsec. (d). Pub. L. 98-369 substituted "section 165(i)"
for "section 165(h)".
1978 - Subsec. (a). Pub. L. 95-227 inserted provisions relating
to applicability to public charities, operators' trust funds, or
real estate investment trusts, and references to chapters 41 and
44.
1976 - Subsec. (a). Pub. L. 94-455, Sec. 1210(a), inserted
reference to any tax imposed with respect to private foundations
and pensions under chapters 42 and 43, substituted $200,000 for
$100,000 and struck out "or his delegate" after "Secretary".
Subsec. (c). Pub. L. 94-455, Secs. 1210(b), 1906(b)(13)(A),
substituted "$200,000" for "$100,000" and struck out "or his
delegate" after "Secretary".
Subsec. (d). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or
his delegate" after "Secretary" wherever appearing.
1972 - Subsec. (d). Pub. L. 92-418 added subsec. (d).
Subsec. (e). Pub. L. 92-512 added subsec. (e).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 305(b)], Dec. 21,
2000, 114 Stat. 2763, 2763A-634, provided that: "The amendment made
by subsection (a) [amending this section] shall take effect on the
date of the enactment of this Act [Dec. 21, 2000], except that such
amendment shall not apply with respect to any refund or credit with
respect to a report that has been made before such date of the
enactment under section 6405 of the Internal Revenue Code of 1986."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 11834(b) of Pub. L. 101-508 provided that: "The amendment
made by subsection (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 5, 1990], except that
such amendment shall not apply with respect to any refund or credit
with respect to a report has been made before such date of
enactment under section 6405 of the Internal Revenue Code of 1986."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 effective, except as otherwise
provided, as if included in the provisions of the Tax Reform Act of
1984, Pub. L. 98-369, div. A, to which such amendment relates, see
section 1881 of Pub. L. 99-514, set out as a note under section 48
of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective as if included in the
provision of the Tax Equity and Fiscal Responsibility Act of 1982,
Pub. L. 97-248, to which such amendment relates, see section 715 of
Pub. L. 98-369, set out as a note under section 31 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-227 applicable with respect to
contributions, acts, and expenditures made after Dec. 31, 1977, in
and for taxable years beginning after such date, see section 4(f)
of Pub. L. 95-227, set out as an Effective Date note under section
192 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 1210(d)(1) of Pub. L. 94-455, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The
amendments made by subsections (a) and (b) [amending this section]
shall take effect on the date of enactment of this Act [Oct. 4,
1976], except that such amendments shall not apply with respect to
any refund or credit with respect to which a report has been made
before the date of enactment of this Act [Oct. 4, 1976] under
subsection (a) or (c) of section 6405 of the Internal Revenue Code
of 1986 [formerly I.R.C. 1954]."
EFFECTIVE DATE OF 1972 AMENDMENT
Section 2(c) of Pub. L. 92-418 provided in part that: "The
amendment made by subsection (b) [amending this section] shall
apply with respect to refunds or credits made after July 1, 1972."
SAVINGS PROVISION
For provisions that nothing in amendment by section
11801(c)(21)(A) of Pub. L. 101-508 be construed to affect treatment
of certain transactions occurring, property acquired, or items of
income, loss, deduction, or credit taken into account prior to Nov.
5, 1990, for purposes of determining liability for tax for periods
ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508,
set out as a note under section 29 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle
A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 7851, 8022 of this title;
title 28 section 530D.
-End-
-CITE-
26 USC Sec. 6406 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6406. Prohibition of administrative review of decisions
-STATUTE-
In the absence of fraud or mistake in mathematical calculation,
the findings of fact in and the decision of the Secretary upon the
merits of any claim presented under or authorized by the internal
revenue laws and the allowance or non-allowance by the Secretary of
interest on any credit or refund under the internal revenue laws
shall not, except as provided in subchapters C and D of chapter 76
(relating to the Tax Court), be subject to review by any other
administrative or accounting officer, employee, or agent of the
United States.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 792; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6611 of this title; title
31 section 713.
-End-
-CITE-
26 USC Sec. 6407 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6407. Date of allowance of refund or credit
-STATUTE-
The date on which the Secretary first authorizes the scheduling
of an overassessment in respect of any internal revenue tax shall
be considered as the date of allowance of refund or credit in
respect of such tax.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 793; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
-MISC1-
AMENDMENTS
1976 - Pub. L. 94-455 struck out "or his delegate" after
"Secretary" wherever appearing.
-End-
-CITE-
26 USC Sec. 6408 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter A - Procedure in General
-HEAD-
Sec. 6408. State escheat laws not to apply
-STATUTE-
No overpayment of any tax imposed by this title shall be refunded
(and no interest with respect to any such overpayment shall be
paid) if the amount of such refund (or interest) would escheat to a
State or would otherwise become the property of a State under any
law relating to the disposition of unclaimed or abandoned property.
No refund (or payment of interest) shall be made to the estate of
any decedent unless it is affirmatively shown that such amount will
not escheat to a State or otherwise become the property of a State
under such a law.
-SOURCE-
(Added Pub. L. 100-203, title X, Sec. 10621(a), Dec. 22, 1987, 101
Stat. 1330-452.)
-MISC1-
EFFECTIVE DATE
Section 10621(c) of Pub. L. 100-203 provided that: "The
amendments made by this section [enacting this section] shall take
effect on the date of the enactment of this Act [Dec. 22, 1987]."
-End-
-CITE-
26 USC Subchapter B - Rules of Special Application 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter B - Rules of Special Application
-HEAD-
SUBCHAPTER B - RULES OF SPECIAL APPLICATION
-MISC1-
Sec.
6411. Tentative carryback and refund adjustments.
6412. Floor stocks refunds.
6413. Special rules applicable to certain employment taxes.
6414. Income tax withheld.
6415. Credits or refunds to persons who collected certain
taxes.
6416. Certain taxes on sales and services.
[6417, 6418. Repealed.]
6419. Excise tax on wagering.
6420. Gasoline used on farms.
6421. Gasoline used for certain nonhighway purposes, used by
local transit systems, or sold for certain exempt
purposes.
6422. Cross references.
6423. Conditions to allowance in the case of alcohol and
tobacco taxes.
[6424. Repealed.]
6425. Adjustment of overpayment of estimated income tax by
corporation.
[6426. Repealed.]
6427. Fuels not used for taxable purposes.
6428. Acceleration of 10 percent income tax rate bracket
benefit for 2001.
6429. Advance payment of portion of increased child credit
for 2003.
[6430. Repealed.]
-STATAMEND-
AMENDMENT OF ANALYSIS
For termination of amendment by section 107 of Pub. L. 108-27,
see Effective and Termination Dates of 2003 Amendment note set out
under section 1 of this title.
For termination of amendment by section 901 of Pub. L. 107-16,
see Effective and Termination Dates of 2001 Amendment note set out
under section 1 of this title.
-MISC2-
AMENDMENTS
2003 - Pub. L. 108-27, title I, Secs. 101(b)(2), 107, May 28,
2003, 117 Stat. 754, 755, temporarily added item 6429.
2001 - Pub. L. 107-16, title I, Sec. 101(b)(2), title IX, Sec.
901, June 7, 2001, 115 Stat. 43, 150, temporarily added item 6428.
1990 - Pub. L. 101-508, title XI, Sec. 11801(b)(15),
(c)(22)(B)(ii), Nov. 5, 1990, 104 Stat. 1388-522, 1388-528, struck
out item 6418 "Sugar" and item 6428 "1981 rate reduction tax
credit".
1988 - Pub. L. 100-418, title I, Sec. 1941(b)(3)(E), Aug. 23,
1988, 102 Stat. 1324, struck out items 6429 "Credit and refund of
chapter 45 taxes paid by royalty owners" and 6430 "Credit or refund
of windfall profit taxes to certain trust beneficiaries".
1986 - Pub. L. 99-514, title XVII, Sec. 1703(c)(2)(E), Oct. 22,
1986, 100 Stat. 2777, substituted ", used by local transit systems,
or sold for certain exempt purposes" for "or by local transit
systems" in item 6421.
1983 - Pub. L. 98-67 repealed amendments made by Pub. L. 97-248.
See 1982 Amendment note below.
Pub. L. 97-448, title I, Sec. 106(a)(4)(D), Jan. 12, 1983, 96
Stat. 2390, added item 6430.
Pub. L. 97-424, title V, Sec. 515(b)(14), Jan. 6, 1983, 96 Stat.
2182, struck out item 6424 "Lubricating oil used for certain
nontaxable purposes".
1982 - Pub. L. 97-248, title II, Sec. 280(c)(2)(H), Sept. 3,
1982, 96 Stat. 565, struck out item 6426 "Refund of aircraft use
tax where plane transports for hire in foreign air commerce".
Pub. L. 97-248, title III, Secs. 307(a)(13), 308(a), Sept. 3,
1982, 96 Stat. 590, 591, provided that, applicable to payments of
interest, dividends, and patronage dividends paid or credited after
June 30, 1983, item 6413 is amended by substituting "taxes under
subtitle C" for "employment taxes". Section 102(a), (b) of Pub. L.
98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A
(Secs. 301-308) of title III of Pub. L. 97-248 as of the close of
June 30, 1983, and provided that the Internal Revenue Code of 1954
[now 1986] [this title] shall be applied and administered (subject
to certain exceptions) as if such subtitle A (and the amendments
made by such subtitle A) had not been enacted.
1981 - Pub. L. 97-34, title I, Sec. 101(b)(2)(A), Aug. 13, 1981,
95 Stat. 183, substituted "1981 rate reduction tax credit" for
"Refund of 1974 individual income taxes" in item 6428.
1980 - Pub. L. 96-499, title XI, Sec. 1131(a)(2), Dec. 5, 1980,
94 Stat. 2693, added item 6429.
1978 - Pub. L. 95-618, title II, Sec. 233(b)(2)(B), Nov. 9, 1978,
92 Stat. 3191, substituted "used for certain nontaxable purposes"
for "not used in highway motor vehicles" in item 6424.
Pub. L. 95-600, title V, Sec. 504(b)(1)(B), Nov. 6, 1978, 92
Stat. 2881, inserted "and refund" after "carryback" in item 6411.
1976 - Pub. L. 94-455, title XIX, Sec. 1906(b)(7), Oct. 4, 1976,
90 Stat. 1834, struck out item 6417 "Coconut and palm oil".
1975 - Pub. L. 94-12, title I, Sec. 101(c), Mar. 29, 1975, 89
Stat. 28, added item 6428.
1970 - Pub. L. 91-258, title II, Secs. 206(d)(4), 207(d)(12), May
21, 1970, 84 Stat. 246, 249, added items 6426 and 6427.
1968 - Pub. L. 90-364, title I, Sec. 103(e)(9), June 28, 1968, 82
Stat. 264, added item 6425.
1958 - Pub. L. 85-323, Sec. 2, Feb. 11, 1958, 72 Stat. 10, added
item 6423.
1956 - Act June 29, 1956, ch. 462, title II, Sec. 208(e)(4), 70
Stat. 397, added item 6421 and renumbered former item 6421 as 6422.
Act Apr. 2, 1956, ch. 160, Sec. 4(c), 70 Stat. 91, added item
6420 and renumbered former item 6420 as 6421.
-End-
-CITE-
26 USC Sec. 6411 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter B - Rules of Special Application
-HEAD-
Sec. 6411. Tentative carryback and refund adjustments
-STATUTE-
(a) Application for adjustment
A taxpayer may file an application for a tentative carryback
adjustment of the tax for the prior taxable year affected by a net
operating loss carryback provided in section 172(b), by a business
credit carryback provided in section 39, or by a capital loss
carryback provided in subsection (a)(1) or (c) of section 1212,
from any taxable year. The application shall be verified in the
manner prescribed by section 6065 in the case of a return of such
taxpayer and shall be filed, on or after the date of filing for the
return for the taxable year of the net operating loss, net capital
loss, or unused business credit from which the carryback results
and within a period of 12 months after such taxable year or, with
respect to any portion of a business credit carryback attributable
to a net operating loss carryback or a net capital loss carryback
from a subsequent taxable year, in the manner and form required by
regulations prescribed by the Secretary. The applications shall set
forth in such detail and with such supporting data and explanation
as such regulations shall require -
(1) The amount of the net operating loss, net capital loss, or
unused business credit;
(2) The amount of the tax previously determined for the prior
taxable year affected by such carryback, the tax previously
determined being ascertained in accordance with the method
prescribed in section 1314(a);
(3) The amount of decrease in such tax, attributable to such
carryback, such decrease being determined by applying the
carryback in the manner provided by law to the items on the basis
of which such tax was determined;
(4) The unpaid amount of such tax, not including any amount
required to be shown under paragraph (5);
(5) The amount, with respect to the tax for the taxable year
immediately preceding the taxable year from which the carryback
is made, as to which an extension of time for payment under
section 6164 is in effect; and
(6) Such other information for purposes of carrying out the
provisions of this section as may be required by such
regulations.
Except for purposes of applying section 6611(f)(3)(B),(!1) an
application under this subsection shall not constitute a claim for
credit or refund.
(b) Allowance of adjustments
Within a period of 90 days from the date on which an application
for a tentative carryback adjustment is filed under subsection (a),
or from the last day of the month in which falls the last date
prescribed by law (including any extension of time granted the
taxpayer) for filing the return for the taxable year of the net
operating loss, net capital loss, or unused business credit from
which such carryback results, whichever is the later, the Secretary
shall make, to the extent he deems practicable in such period, a
limited examination of the application, to discover omissions and
errors of computation therein, and shall determine the amount of
the decrease in the tax attributable to such carryback upon the
basis of the application and the examination, except that the
Secretary may disallow, without further action, any application
which he finds contains errors of computation which he deems cannot
be corrected by him within such 90-day period or material
omissions. Such decrease shall be applied against any unpaid amount
of the tax decreased (including any amount of such tax as to which
an extension of time under section 6164 is in effect) and any
remainder shall be credited against any unsatisfied amount of any
tax for the taxable year immediately preceding the taxable year of
the net operating loss, net capital loss, or unused business credit
the time for payment of which tax is extended under section 6164.
Any remainder shall, within such 90-day period, be either credited
against any tax or installment thereof then due from the taxpayer,
or refunded to the taxpayer.
(c) Consolidated returns
If the corporation seeking a tentative carryback adjustment under
this section, made or was required to make a consolidated return,
either for the taxable year within which the net operating loss,
net capital loss, or unused business credit arises, or for the
preceding taxable year affected by such loss or credit, the
provisions of this section shall apply only to such extent and
subject to such conditions, limitations, and exceptions as the
Secretary may by regulations prescribe.
(d) Tentative refund of tax under claim of right adjustment
(1) Application
A taxpayer may file an application for a tentative refund of
any amount treated as an overpayment of tax for the taxable year
under section 1341(b)(1). Such application shall be in such
manner and form as the Secretary may prescribe by regulation and
shall -
(A) be verified in the same manner as an application under
subsection (a),
(B) be filed during the period beginning on the date of
filing the return for such taxable year and ending on the date
12 months from the last day of such taxable year, and
(C) set forth in such detail and with such supporting data
such regulations prescribe -
(i) the amount of the tax for such taxable year computed
without regard to the deduction described in section
1341(a)(2),
(ii) the amount of the tax for all prior taxable years for
which the decrease in tax provided in section 1341(a)(5)(B)
was computed,
(iii) the amount determined under section 1341(a)(5)(B),
(iv) the amount of the overpayment determined under section
1341(b)(1); and
(v) such other information as the Secretary may require.
(2) Allowance of adjustments
Within a period of 90 days from the date on which an
application is filed under paragraph (1) or from the date of the
overpayment (determined under section 1341(b)(1)), whichever is
later, the Secretary shall -
(A) review the application,
(B) determine the amount of the overpayment, and
(C) apply, credit, or refund such overpayment,
in a manner similar to the manner provided in subsection (b).
(3) Consolidated returns
The provisions of subsection (c) shall apply to an adjustment
under this subsection to the same extent and manner as the
Secretary may by regulations provide.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 794; Pub. L. 89-721, Sec.
2(a)-(e), Nov. 2, 1966, 80 Stat. 1150; Pub. L. 90-225, Sec. 2(b),
Dec. 27, 1967, 81 Stat. 731; Pub. L. 91-172, title V, Sec. 512(d),
Dec. 30, 1969, 83 Stat. 639; Pub. L. 92-178, title VI, Sec.
601(e)(1), Dec. 10, 1971, 85 Stat. 560; Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), title XXI, Sec. 2107(g)(1), Oct. 4, 1976, 90
Stat. 1834, 1904; Pub. L. 95-30, title II, Sec. 202(d)(5)(A), May
23, 1977, 91 Stat. 150; Pub. L. 95-600, title V, Sec. 504(a),
(b)(1)(A), Nov. 6, 1978, 92 Stat. 2880, 2881; Pub. L. 96-222, title
I, Secs. 103(a)(6)(G)(xiii), 105(a)(2), Apr. 1, 1980, 94 Stat. 211,
218; Pub. L. 97-34, title II, Sec. 221(b)(2)(B), title III, Sec.
331(d)(2)(B), Aug. 13, 1981, 95 Stat. 247, 295; Pub. L. 98-369,
div. A, title IV, Sec. 474(r)(37), title VII, Sec. 714(n)(2)(B),
July 18, 1984, 98 Stat. 846, 964; Pub. L. 99-514, title II, Sec.
231(d)(3)(H), title XVIII, Sec. 1847(b)(10), Oct. 22, 1986, 100
Stat. 2180, 2857; Pub. L. 100-647, title I, Sec. 1002(h)(2), Nov.
10, 1988, 102 Stat. 3370; Pub. L. 106-554, Sec. 1(a)(7) [title III,
Sec. 318(d)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-645.)
-REFTEXT-
REFERENCES IN TEXT
Section 6611(f)(3)(B), referred to in subsec. (a), was
redesignated section 6611(f)(4)(B) of this title by Pub. L. 105-34,
title X, Sec. 1055(b)(1), Aug. 5, 1997, 111 Stat. 944.
-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-554 substituted "subsection
(a)(1) or (c) of section 1212" for "section 1212(a)(1)" in
introductory provisions.
1988 - Subsec. (c). Pub. L. 100-647 struck out "unused research
credit," after "net capital loss,".
1986 - Subsec. (a). Pub. L. 99-514, Sec. 231(d)(3)(H), in
introductory provisions, struck out "by a research credit carryback
provided in section 30(g)(2)" after "carryback provided in section
39,", "unused research credit," after "net capital loss,", "a
research credit carryback or" after "with respect to any portion
of", and "(or, with respect to any portion of a business credit
carryback attributable to a research credit carryback from a
subsequent taxable year within a period of 12 months from the end
of such subsequent taxable year)" after "such subsequent taxable
year", and in par. (1), struck out "unused research credit," after
"net capital loss,".
Pub. L. 99-514, Sec. 1847(b)(10), substituted "unused research
credit, or unused business credit" for "or unused business credit".
Subsec. (b). Pub. L. 99-514, Sec. 231(d)(3)(H)(iv), struck out
"unused research credit," after "net capital loss,", in two places.
1984 - Subsec. (a). Pub. L. 98-369, Sec. 474(r)(37)(A), amended
provisions preceding par. (1) generally. Prior to amendment, such
provisions read as follows: "A taxpayer may file an application for
a tentative carryback adjustment of the tax for the prior taxable
year affected by a net operating loss carryback provided in section
172(b), by an investment credit carryback provided in section
46(b), by a work incentive program carryback provided in section
50A(b), by a new employee credit carryback provided in section
53(b), by a research credit carryback provided in section 44F(g)(2)
by an employee stock ownership credit carryback provided by section
44G(b)(2), or by a capital loss carryback provided in section
1212(a)(1), from any taxable year. The application shall be
verified in the manner prescribed by section 6065 in the case of a
return of such taxpayer, and shall be filed, on or after the date
of filing of the return for the taxable year of the net operating
loss, net capital loss, unused investment credit, unused work
incentive program credit, unused new employee credit, unused
research credit, or unused employee stock ownership credit, from
which the carryback results and within a period of 12 months from
the end of such taxable year (or, with respect to any portion of an
investment credit carryback, a work incentive program carryback, a
new employee credit carryback, a research credit carryback, or
employee stock ownership credit carryback from a taxable year
attributable to a net operating loss carryback or a capital loss
carryback (or, in the case of a work incentive program carryback,
to an investment credit carryback, or, in the case of a new
employee credit carryback, to an investment credit carryback or a
work incentive program carryback, or, in the case of a research
credit carryback, to an investment credit carryback, a work
incentive program carryback, or a new employee credit carryback,
or, in the case of an employee stock ownership credit carryback, to
an investment credit carryback, a new employee credit carryback or
a research and experimental credit carryback) from a subsequent
taxable year, within a period of 12 months from the end of such
subsequent taxable year), in the manner and form required by
regulations prescribed by the Secretary. The application shall set
forth in such detail and with such supporting data and explanation
as such regulations shall require - ".
Pub. L. 98-369, Sec. 714(n)(2)(B), in provisions following par.
(6), substituted "Except for purposes of applying section
6611(f)(3)(B), an application" for "An application".
Subsec. (a)(1). Pub. L. 98-369, Sec. 474(r)(37)(A), substituted
"unused research credit, or unused business credit" for "unused
investment credit, unused work incentive program credit, unused new
employee credit, unused research credit, or unused employee stock
ownership credit".
Subsecs. (b), (c). Pub. L. 98-369, Sec. 474(r)(37)(B),
substituted "unused research credit, or unused business credit" for
"unused investment credit, unused work incentive program credit,
unused new employee credit, unused research credit, or unused
employee stock ownership credit" wherever appearing.
1981 - Subsec. (a). Pub. L. 97-34, Sec. 331(d)(2)(B), inserted in
introductory provisions "by an employee stock ownership credit
carryback provided by section 44G(b)(2)" after "section 44F(g)(2),"
and substituted "unused research credit, or unused employee stock
ownership credit" for "or unused research credit", "a research
credit carryback, or employee stock ownership credit carryback" for
"or a research credit carryback", and "new employee credit
carryback, or, in the case of an employee stock ownership credit
carryback, to an investment credit carryback, a new employee credit
carryback or a research and experimental credit carryback)" for
"new employee credit carryback)" and in par. (1) substituted
"unused research credit, or unused employee stock ownership credit"
for "or unused research credit".
Pub. L. 97-34, Sec. 221(b)(2)(B), inserted in introductory
provision "by a research credit carryback provided in section
44F(g)(2)," after "section 53(b)," and substituted "unused new
employee credit, or unused research credit" for "or unused new
employee credit", "a new employee credit carryback, or a research
credit carryback" for "or a new employee credit carryback", and
"work incentive program carryback, or, in the case of a research
credit carryback, to an investment credit carryback, a work
incentive program carryback, or new employee credit carryback)" for
"work incentive program carryback)" and in par. (1) substituted
"unused new employee credit, or unused research credit" for "or
unused new employee credit".
Subsec. (b). Pub. L. 97-34, Sec. 331(d)(2)(B)(i), substituted
"unused research credit, or unused employee stock ownership credit"
for "or unused research credit".
Pub. L. 97-34, Sec. 221(b)(2)(B)(i), substituted "unused new
employee credit, or unused research credit" for "or unused new
employee credit".
Subsec. (c). Pub. L. 97-34, Sec. 331(d)(2)(B)(i), substituted
"unused research credit, or unused employee stock ownership credit"
for "or unused research credit".
Pub. L. 97-34, Sec. 221(b)(2)(B)(i), substituted "unused new
employee credit, or unused research credit" for "or unused new
employee credit".
1980 - Subsec. (a). Pub. L. 96-222, Sec. 103(a)(6)(G)(xiii),
substituted "section 53(b)" for "section 53(c)".
Subsec. (d)(2). Pub. L. 96-222, Sec. 105(a)(2), substituted "the
date of the overpayment (determined under section 1341(b)(1))" for
"the last day of the month in which falls the last date prescribed
by law (including any extension of time granted the taxpayer) for
filing the return for taxable year in which the overpayment
occurs".
1978 - Pub. L. 95-600, Sec. 504(b)(1)(A), inserted "and refund"
after "carryback" in section catchline.
Subsec. (d). Pub. L. 95-600, Sec. 504(a), added subsec. (d).
1977 - Subsec. (a). Pub. L. 95-30, Sec. 202(d)(5)(A)(i) to (iv),
inserted references to unused new employee credits and to new
employee credit carrybacks in provisions preceding par. (1) and in
par. (1).
Subsecs. (b), (c). Pub. L. 95-30, Sec. 202(d)(5)(A)(i), inserted
references to unused new employee credits.
1976 - Subsec. (a). Pub. L. 94-455, Secs. 1906(b)(13)(A),
2107(g)(1), struck out "or his delegate" after "Secretary" and
inserted "(or, in the case of a work incentive program carryback,
to an investment credit carryback)" after "capital loss carryback"
in second sentence.
Subsecs. (b), (c). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out "or his delegate" after "Secretary" wherever appearing.
1971 - Pub. L. 92-178, Sec. 601(e)(1)(A), substituted "unused
investment credit, or unused work incentive program credit" for "or
unused investment credit" wherever appearing in subsecs. (a),
(a)(1), (b), and (c).
Subsec. (a). Pub. L. 92-178, Sec. 601(e)(1)(B) and (C), inserted
"by a work incentive program carryback provided in section 50A(b),"
after "section 46(b)," in first sentence, and "or a work incentive
program carryback" after "investment credit carryback" in second
sentence, respectively.
1969 - Subsec. (a). Pub. L. 91-172, Sec. 512(d)(1), (2), provided
quick refund procedure, presently available in case of net
operating loss carrybacks, to be made available in the case of the
3-year capital loss carryback, and substituted "net operating loss,
net capital loss, or unused investment credit" for "net operating
loss or unused investment credit" in par. (1).
Subsec. (b). Pub. L. 91-172, Sec. 512(d)(2), substituted "net
operating loss, net capital loss, or unused investment credit" for
"net operating loss or unused investment credit" wherever such term
appears.
Subsec. (c). Pub. L. 91-172, Sec. 512(d)(2), substituted "net
operating loss, net capital loss, or unused investment credit" for
"net operating loss or unused investment credit".
1967 - Subsec. (a). Pub. L. 90-225 inserted "(or, with respect to
any portion of an investment credit carryback from a taxable year
attributable to a net operating loss carryback from a subsequent
taxable year, within a period of 12 months from the end of such
subsequent taxable year)" after "within a period of 12 months from
the end of such taxable year".
1966 - Subsec. (a). Pub. L. 89-721, Sec. 2(a)-(c), provided in
introductory text for a tentative carryback adjustment based on an
investment credit carryback as provided for in section 46(b) of
this title and and inserted "or unused investment credit" after
"the taxable year of the net operating loss", inserted in par. (1)
"or unused investment" after "net operating loss", and struck out
in par. (5) "of such loss" and inserted in lieu thereof "from which
the carryback is made".
Subsec. (b). Pub. L. 89-721, Sec. 2(d), inserted "or unused
investment credit" after "net operating loss" in two places.
Subsec. (c). Pub. L. 89-721, Sec. 2(d), (e), inserted "or unused
investment credit" after "net operating loss" and "or credit" after
"such loss".
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 318(d)(2)], Dec.
21, 2000, 114 Stat. 2763, 2763A-645, provided that: "The amendment
made by paragraph (1) [amending this section] shall take effect as
if included in the amendments made by section 504 of the Economic
Recovery Tax Act of 1981 [Pub. L. 97-34, amending section 1212 of
this title]."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 231(d)(3)(H) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1985, see section 231(g) of
Pub. L. 99-514, set out as a note under section 41 of this title.
Amendment by section 1847(b)(10) of Pub. L. 99-514 effective,
except as otherwise provided, as if included in the provisions of
the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such
amendment relates, see section 1881 of Pub. L. 99-514, set out as a
note under section 48 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 474(r)(37) of Pub. L. 98-369 applicable to
taxable years beginning after Dec. 31, 1983, and to carrybacks from
such years, see section 475(a) of Pub. L. 98-369, set out as a note
under section 21 of this title.
Amendment by section 714(n)(2)(B) of Pub. L. 98-369 effective as
if included in the provision of the Tax Equity and Fiscal
Responsibility Act of 1982, Pub. L. 97-248, to which such amendment
relates, see section 715 of Pub. L. 98-369, set out as a note under
section 31 of this title.
Notwithstanding section 715 of Pub. L. 98-369, amendment by
section 714(n)(2)(B) of Pub. L. 98-369 applicable only to
applications filed after July 18, 1984, see section 1875(d)(3) of
Pub. L. 99-514, set out as a note under section 6611 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 221(b)(2)(B) of Pub. L. 97-34 applicable to
amounts paid or incurred after June 30, 1981, see section 221(d) of
Pub. L. 97-34, as amended, set out as an Effective Date note under
section 41 of this title.
Amendment by section 331(d)(2)(B) of Pub. L. 97-34 applicable to
taxable years beginning after Dec. 31, 1981, see section 339 of
Pub. L. 97-34, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-222 effective, except as otherwise
provided, as if it had been included in the provisions of the
Revenue Act of 1978, Pub. L. 95-600, to which such amendment
relates, see section 201 of Pub. L. 96-222, set out as a note under
section 32 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 504(c) of Pub. L. 95-600 provided that: "The amendments
made by this section [amending this section and sections 6213 and
6501 of this title] shall apply to tentative refund claims filed on
and after the date of the enactment of this Act [Nov. 6, 1978]."
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-30 applicable to taxable years beginning
after Dec. 31, 1976, and to credit carrybacks from such years, see
section 202(e) of Pub. L. 95-30, set out as an Effective Date note
under section 51 of this title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-178 applicable to taxable years beginning
after Dec. 31, 1971, see section 601(f) of Pub. L. 92-178, set out
as a note under section 381 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable with respect to net
capital losses sustained in taxable years beginning after Dec. 31,
1969, see section 512(g) of Pub. L. 91-172, set out as a note under
section 1212 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-225 applicable with respect to investment
credit carrybacks attributable to net operating loss carrybacks
from taxable years ending after July 31, 1967, see section 2(g) of
Pub. L. 90-225, set out as a note under section 46 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Section 2(g) of Pub. L. 89-721, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The
amendments made by this section [amending this section and section
6501 of this title] shall apply with respect to taxable years
ending after December 31, 1961, but only in the case of
applications filed after the date of the enactment of this Act
[Nov. 2, 1966]. The period of 12 months referred to in the second
sentence of section 6411(a) of the Internal Revenue Code of 1986
[formerly I.R.C. 1954] (as amended by this section) for filing an
application for a tentative carryback adjustment of tax
attributable to the carryback of any unused investment credit shall
not expire before the close of December 31, 1966."
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle
A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or
title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an
amendment to any plan, such plan amendment shall not be required to
be made before the first plan year beginning on or after Jan. 1,
1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
note under section 401 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 6040, 6164, 6213, 6405,
6501, 6511, 6515, 6611 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
26 USC Sec. 6412 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 65 - ABATEMENTS, CREDITS, AND REFUNDS
Subchapter B - Rules of Special Application
-HEAD-
Sec. 6412. Floor stocks refunds
-STATUTE-
(a) In general
(1) Tires and taxable fuel
Where before October 1, 2005, any article subject to the tax
imposed by section 4071 or 4081 has been sold by the
manufacturer, producer, or importer and on such date is held by a
dealer and has not been used and is intended for sale, there
shall be credited or refunded (without interest) to the
manufacturer, producer, or importer an amount equal to the
difference between the tax paid by such manufacturer, producer,
or importer on his sale of the article and the amount of tax made
applicable to such article on and after October 1, 2005, if claim
for such credit or refund is filed with the Secretary on or
before March 31, 2006, based upon a request submitted to the
manufacturer, producer, or importer before January 1, 2006, by
the dealer who held the article in respect of which the credit or
refund is claimed, and, on or before March 31, 2006,
reimbursement has been made to such dealer by such manufacturer,
producer, or importer for the tax reduction on such article or
written consent has been obtained from such dealer to allowance
of such credit or refund. No credit or refund shall be allowable
under this paragraph with respect to taxable fuel in retail
stocks held at the place where intended to be sold at retail, nor
with respect to taxable fuel held for sale by a producer or
importer of taxable fuel.
(2) Definitions
For purposes of this section -
(A) The term "dealer" includes a wholesaler, jobber,
distributor, or retailer.
(B) An article shall be considered as "held by a dealer" if
title thereto has passed to such dealer (whether or not
delivery to him has been made), and if for purposes of
consumption title to such article or possession thereof has not
at any time been transferred to any person other than a dealer.
(b) Limitation on eligibility for credit or refund
No manufacturer, producer, or importer shall be entitled to
credit or refund under subsection (a) unless he has in his
possession such evidence of the inventories with respect to which
the credit or refund is claimed as may be required by regulations
prescribed under this section.
(c) Other laws applicable
All provisions of law, including penalties, applicable in respect
of the taxes imposed by sections 4071 and 4081 shall, insofar as
applicable and not inconsistent with subsections (a) and (b) of
this section, apply in respect of the credits and refunds provided
for in subsection (a) to the same extent as if such credits or
refunds constituted overpayments of such taxes.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 795; Mar. 30, 1955, ch. 18, Sec.
3(b)(4), 69 Stat. 15; Mar. 29, 1956, ch. 115, Sec. 3(b)(4), 70
Stat. 67; May 29, 1956, ch. 342, Sec. 19, 70 Stat. 221; June 29,
1956, ch. 462, title II, Sec. 208(a), 70 Stat. 392; Pub. L. 85-12,
Sec. 3(b)(4), Mar. 29, 1957, 71 Stat. 10; Pub. L. 85-475, Sec.
3(b)(4), June 30, 1958, 72 Stat. 260; Pub. L. 85-859, title I, Sec.
162(a), Sept. 2, 1958, 72 Stat. 1306; Pub. L. 86-75, Sec. 3(b)(3),
June 30, 1959, 73 Stat. 158; Pub. L. 86-342, title II, Sec.
201(c)(4), Sept. 21, 1959, 73 Stat. 614; Pub. L. 86-564, title II,
Sec. 202(b)(3), June 30, 1960, 74 Stat. 291; Pub. L. 86-592, Sec.
2, July 6, 1960, 74 Stat. 330; Pub. L. 87-15, Sec. 2(b), Mar. 31,
1961, 75 Stat. 40; Pub. L. 87-61, title II, Sec. 206 (c), (d), June
29, 1961, 75 Stat. 127; Pub. L. 87-72, Sec. 3(b)(3), June 30, 1961,
75 Stat. 193; Pub. L. 87-456, title III, Sec. 302(d), May 24, 1962,
76 Stat. 77; Pub. L. 87-508, Sec. 3(b)(3), June 28, 1962, 76 Stat.
114; Pub. L. 87-535, Sec. 18(b), July 13, 1962, 76 Stat. 166; Pub.
L. 88-52, Sec. 3(b)(1)(C), June 29, 1963, 77 Stat. 72; Pub. L.
88-348, Sec. 2(b)(1)(C), June 30, 1964, 78 Stat. 237; Pub. L.
89-44, title II, Sec. 209(a), (d), June 21, 1965, 79 Stat. 141,
144; Pub. L. 89-368, title II, Sec. 201(b), Mar. 15, 1966, 80 Stat.
66; Pub. L. 90-285, Sec. 1(a)(2), Apr. 12, 1968, 82 Stat. 92; Pub.
L. 90-364, title I, Sec. 105(a)(2), June 28, 1968, 82 Stat. 265;
Pub. L. 91-172, title VII, Sec. 702(a)(2), Dec. 30, 1969, 83 Stat.
660; Pub. L. 91-605, title III, Sec. 303(b), Dec. 31, 1970, 84
Stat. 1744; Pub. L. 91-614, title II, Sec. 201(a)(2), Dec. 31,
1970, 84 Stat. 1843; Pub. L. 92-178, title IV, Sec. 401(g)(5), Dec.
10, 1971, 85 Stat. 533; Pub. L. 94-280, title III, Sec. 303(b), May
5, 1976, 90 Stat. 457; Pub. L. 94-455, title XIX, Sec. 1906(a)(22),
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1826, 1834; Pub. L. 95-599,
title V, Sec. 502(c), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 95-618,
title II, Sec. 231(f)(1), Nov. 9, 1978, 92 Stat. 3189; Pub. L.
97-424, title V, Sec. 516(a)(5), Jan. 6, 1983, 96 Stat. 2183; Pub.
L. 98-369, div. A, title VII, Sec. 735(c)(12), July 18, 1984, 98
Stat. 983; Pub. L. 100-17, title V, Sec. 502(d)(1), Apr. 2, 1987,
101 Stat. 257; Pub. L. 101-508, title XI, Sec. 11211(f)(1), Nov. 5,
1990, 104 Stat. 1388-427; Pub. L. 102-240, title VIII, Sec.
8002(c)(1), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 103-66, title
XIII, Sec. 13242(d)(16), Aug. 10, 1993, 107 Stat. 524; Pub. L.
105-178, title IX, Sec. 9002(a)(2)(A), June 9, 1998, 112 Stat.
499.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-178 substituted "2005" for
"1999" and "2006" for "2000" wherever appearing.
1993 - Subsec. (a)(1). Pub. L. 103-66 substituted "taxable fuel"
for "gasoline" wherever appearing in heading and text.
1991 - Subsec. (a)(1). Pub. L. 102-240 substituted "1999" for
"1995" and "2000" for "1996" wherever appearing.
1990 - Subsec. (a)(1). Pub. L. 101-508 substituted "1995" for
"1993" and "1996" for "1994" wherever appearing.
1987 - Subsec. (a)(1). Pub. L. 100-17 substituted "1993" for
"1988" and "1994" for "1989" wherever appearing.
1984 - Subsec. (a)(1). Pub. L. 98-369, Sec. 735(c)(12)(A), (B),
substituted "Tires and gasoline" for "Trucks, tires, tubes, tread
rubber, and gasoline" in heading, and in text substituted "Where
before October 1, 1988, any article subject to the tax imposed by
section 4071 or 4081 has been sold by the manufacturer, producer,
or importer and on such date is held by a dealer and has not been
used and is intended for sale," for "Where before October 1, 1988,
any article subject to the tax imposed by section 4061(a)(1),
4071((a)(1), (3) or (4), or 4081 has been sold by the manufacturer,
producer, or importer and on such date is held by a dealer and has
not been used and is intended for sale (or, in the case of tread
rubber, is intended for sale or is held for use),", and struck out
provision that no credit or refund shall be allowable under this
paragraph with respect to inner tubes for bicycle tires (as defined
in section 4221(e)(4)(B)).
Subsec. (a)(2)(A). Pub. L. 98-369, Sec. 735(c)(12)(C),
substituted "The term 'dealer' includes a wholesaler, jobber,
distributor, or retailer" for "The term 'dealer' includes a
wholesaler, jobber, distributor, or retailer, or, in the case of
tread rubber subject to tax under section 4071(a)(4), includes any
person (other than the manufacturer, producer, or importer thereof)
who holds such tread rubber for sale or use".
Subsec. (c). Pub. L. 98-369, Sec. 735(c)(12)(D), substituted
"4071" for "4061, 4071,".
1983 - Subsec. (a)(1). Pub. L. 97-424, Sec. 516(a)(5),
substituted "1989" for "1985" and "1988" for "1984" wherever
appearing.
1978 - Subsec. (a)(1). Pub. L. 95-618 struck out "and buses"
after "Trucks" in heading.
Pub. L. 95-599 substituted "1984" for "1979" and "1985" for
"1980" wherever appearing.
1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 1906(a)(22),
(b)(13)(A), redesignated par. (2) as (1) and struck out "or his
delegate" after "Secretary". Prior par. (1) had been rep |
