-CITE-
26 USC CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL
AMOUNTS, AND ASSESSABLE PENALTIES 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
-HEAD-
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
-MISC1-
Subchapter Sec.(!1)
A. Additions to the tax and additional amounts 6651
B. Assessable penalties 6671
C. Procedural requirements 6751
AMENDMENTS
1998 - Pub. L. 105-206, title III, Sec. 3306(b), July 22, 1998,
112 Stat. 744, added item for subchapter C.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 7463, 7801 of this title.
-FOOTNOTE-
(!1) Section numbers editorially supplied.
-End-
-CITE-
26 USC Subchapter A - Additions to the Tax and Additional
Amounts 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
Subchapter A - Additions to the Tax and Additional Amounts
-HEAD-
SUBCHAPTER A - ADDITIONS TO THE TAX AND ADDITIONAL AMOUNTS
-MISC1-
Part
I. General provisions.
II. Accuracy-related and fraud penalties.
III. Applicable rules.
AMENDMENTS
1989 - Pub. L. 101-239, title VII, Sec. 7721(c)(13), Dec. 19,
1989, 103 Stat. 2400, added part analysis consisting of parts I to
III.
-End-
-CITE-
26 USC PART I - GENERAL PROVISIONS 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
Subchapter A - Additions to the Tax and Additional Amounts
PART I - GENERAL PROVISIONS
-HEAD-
PART I - GENERAL PROVISIONS
-MISC1-
Sec.
6651. Failure to file tax return or pay tax.(!1)
6652. Failure to file certain information returns,
registration statements, etc.
6653. Failure to pay stamp tax.
6654. Failure by individual to pay estimated income tax.
6655. Failure by corporation to pay estimated income tax.
6656. Failure to make deposit of taxes.
6657. Bad checks.
6658. Coordination with title 11.
[6659 to 6662. Repealed.]
AMENDMENTS
1996 - Pub. L. 104-188, title I, Sec. 1704(t)(19), Aug. 20, 1996,
110 Stat. 1888, struck out item 6662 "Applicable rules".
1989 - Pub. L. 101-239, title VII, Secs. 7721(c)(13), (14),
7742(b), Dec. 19, 1989, 103 Stat. 2400, 2405, added part heading,
substituted "Failure to pay stamp tax" for "Additions to tax for
negligence and fraud" in item 6653, substituted "of taxes" for "of
taxes or over-statement of deposits" in item 6656, and struck out
items 6659 "Addition to tax in the case of valuation overstatements
for purposes of the income tax", 6659A "Addition to tax in case of
overstatements of pension liabilities", 6660 "Addition to tax in
the case of valuation understatement for purposes of estate or gift
taxes", and 6661 "Substantial understatement of liability".
1986 - Pub. L. 99-514, title XI, Sec. 1138(b), title XV, Sec.
1503(d)(2), Oct. 22, 1986, 100 Stat. 2486, 2743, substituted
"Additions to tax for negligence and fraud" for "Failure to pay
tax" in item 6653 and added item 6659A.
1984 - Pub. L. 98-369, div. A, title I, Sec. 155(c)(2)(B), July
18, 1984, 98 Stat. 695, added item 6660.
1982 - Pub. L. 97-248, title III, Sec. 323(b), Sept. 3, 1982, 96
Stat. 615, added item 6661 and redesignated former item 6660 as
6662. See Codification note set out under section 6662 of this
title.
1981 - Pub. L. 97-34, title VII, Secs. 722(a)(2), 724(b)(2), Aug.
13, 1981, 95 Stat. 342, 345, inserted "or overstatement of
deposits" in item 6656, added item 6659, and redesignated item 6659
as 6660.
1980 - Pub. L. 96-589, Sec. 6(e)(2), Dec. 24, 1980, 94 Stat.
3408, added item 6658.
1979 - Pub. L. 96-167, Sec. 6(b), Dec. 29, 1979, 93 Stat. 1276,
struck out item 6658 "Addition to tax in case of jeopardy".
1974 - Pub. L. 93-406, title II, Sec. 1031(b)(1)(B)(ii), Sept. 2,
1974, 88 Stat. 946, inserted ", registration statements, etc." in
item 6652.
1969 - Pub. L. 91-172, title IX, Sec. 943(c)(5), 83 Stat. 729,
inserted "or pay tax" in item 6651.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 6229 of this title.
-FOOTNOTE-
(!1) So in original. Does not conform to section catchline.
-End-
-CITE-
26 USC Sec. 6651 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
Subchapter A - Additions to the Tax and Additional Amounts
PART I - GENERAL PROVISIONS
-HEAD-
Sec. 6651. Failure to file tax return or to pay tax
-STATUTE-
(a) Addition to the tax
In case of failure -
(1) to file any return required under authority of subchapter A
of chapter 61 (other than part III thereof), subchapter A of
chapter 51 (relating to distilled spirits, wines, and beer), or
of subchapter A of chapter 52 (relating to tobacco, cigars,
cigarettes, and cigarette papers and tubes), or of subchapter A
of chapter 53 (relating to machine guns and certain other
firearms), on the date prescribed therefor (determined with
regard to any extension of time for filing), unless it is shown
that such failure is due to reasonable cause and not due to
willful neglect, there shall be added to the amount required to
be shown as tax on such return 5 percent of the amount of such
tax if the failure is for not more than 1 month, with an
additional 5 percent for each additional month or fraction
thereof during which such failure continues, not exceeding 25
percent in the aggregate;
(2) to pay the amount shown on tax on any return specified in
paragraph (1) on or before the date prescribed for payment of
such tax (determined with regard to any extension of time for
payment), unless it is shown that such failure is due to
reasonable cause and not due to willful neglect, there shall be
added to the amount shown as tax on such return 0.5 percent of
the amount of such tax if the failure is for not more than 1
month, with an additional 0.5 percent for each additional month
or fraction thereof during which such failure continues, not
exceeding 25 percent in the aggregate; or
(3) to pay any amount in respect of any tax required to be
shown on a return specified in paragraph (1) which is not so
shown (including an assessment made pursuant to section 6213(b))
within 21 calendar days from the date of notice and demand
therefor (10 business days if the amount for which such notice
and demand is made equals or exceeds $100,000), unless it is
shown that such failure is due to reasonable cause and not due to
willful neglect, there shall be added to the amount of tax stated
in such notice and demand 0.5 percent of the amount of such tax
if the failure is for not more than 1 month, with an additional
0.5 percent for each additional month or fraction thereof during
which such failure continues, not exceeding 25 percent in the
aggregate.
In the case of a failure to file a return of tax imposed by chapter
1 within 60 days of the date prescribed for filing of such return
(determined with regard to any extensions of time for filing),
unless it is shown that such failure is due to reasonable cause and
not due to willful neglect, the addition to tax under paragraph (1)
shall not be less than the lesser of $100 or 100 percent of the
amount required to be shown as tax on such return.
(b) Penalty imposed on net amount due
For purposes of -
(1) subsection (a)(1), the amount of tax required to be shown
on the return shall be reduced by the amount of any part of the
tax which is paid on or before the date prescribed for payment of
the tax and by the amount of any credit against the tax which may
be claimed on the return,
(2) subsection (a)(2), the amount of tax shown on the return
shall, for purposes of computing the addition for any month, be
reduced by the amount of any part of the tax which is paid on or
before the beginning of such month and by the amount of any
credit against the tax which may be claimed on the return, and
(3) subsection (a)(3), the amount of tax stated in the notice
and demand shall, for the purpose of computing the addition for
any month, be reduced by the amount of any part of the tax which
is paid before the beginning of such month.
(c) Limitations and special rule
(1) Additions under more than one paragraph
With respect to any return, the amount of the addition under
paragraph (1) of subsection (a) shall be reduced by the amount of
the addition under paragraph (2) of subsection (a) for any month
(or fraction thereof) to which an addition to tax applies under
both paragraphs (1) and (2). In any case described in the last
sentence of subsection (a), the amount of the addition under
paragraph (1) of subsection (a) shall not be reduced under the
preceding sentence below the amount provided in such last
sentence.
(2) Amounts of tax shown more than amount required to be shown
If the amount required to be shown as tax on a return is less
than the amount shown as tax on such return, subsections (a)(2)
and (b)(2) shall be applied by substituting such lower amount.
(d) Increase in penalty for failure to pay tax in certain cases
(1) In general
In the case of each month (or fraction thereof) beginning after
the day described in paragraph (2) of this subsection, paragraphs
(2) and (3) of subsection (a) shall be applied by substituting "1
percent" for "0.5 percent" each place it appears.
(2) Description
For purposes of paragraph (1), the day described in this
paragraph is the earlier of -
(A) the day 10 days after the date on which notice is given
under section 6331(d), or
(B) the day on which notice and demand for immediate payment
is given under the last sentence of section 6331(a).
(e) Exception for estimated tax
This section shall not apply to any failure to pay any estimated
tax required to be paid by section 6654 or 6655.
(f) Increase in penalty for fraudulent failure to file
If any failure to file any return is fraudulent, paragraph (1) of
subsection (a) shall be applied -
(1) by substituting "15 percent" for "5 percent" each place it
appears, and
(2) by substituting "75 percent" for "25 percent".
(g) Treatment of returns prepared by Secretary under section
6020(b)
In the case of any return made by the Secretary under section
6020(b) -
(1) such return shall be disregarded for purposes of
determining the amount of the addition under paragraph (1) of
subsection (a), but
(2) such return shall be treated as the return filed by the
taxpayer for purposes of determining the amount of the addition
under paragraphs (2) and (3) of subsection (a).
(h) Limitation on penalty on individual's failure to pay for months
during period of installment agreement
In the case of an individual who files a return of tax on or
before the due date for the return (including extensions),
paragraphs (2) and (3) of subsection (a) shall each be applied by
substituting "0.25" for "0.5" each place it appears for purposes of
determining the addition to tax for any month during which an
installment agreement under section 6159 is in effect for the
payment of such tax.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 821; Pub. L. 90-364, title I,
Sec. 103(e)(4), June 28, 1968, 82 Stat. 264; Pub. L. 91-172, title
IX, Sec. 943(a), Dec. 30, 1969, 83 Stat. 727; Pub. L. 92-9, Sec.
3(j)(1), Apr. 1, 1971, 85 Stat. 22; Pub. L. 94-455, title XIX, Sec.
1904(b)(10)(A)(v), Oct. 4, 1976, 90 Stat. 1817; Pub. L. 97-248,
title III, Sec. 318(a), (b), Sept. 3, 1982, 96 Stat. 610; Pub. L.
98-369, div. A, title IV, Sec. 412(b)(8), July 18, 1984, 98 Stat.
792; Pub. L. 99-514, title XV, Sec. 1502(a), (b), Oct. 22, 1986,
100 Stat. 2741; Pub. L. 100-203, title X, Sec. 10301(b)(6), Dec.
22, 1987, 101 Stat. 1330-429; Pub. L. 101-239, title VII, Sec.
7741(a), Dec. 19, 1989, 103 Stat. 2404; Pub. L. 104-168, title III,
Sec. 303(b)(2), title XIII, Sec. 1301(a), July 30, 1996, 110 Stat.
1458, 1475; Pub. L. 105-206, title III, Sec. 3303(a), July 22,
1998, 112 Stat. 742.)
-MISC1-
AMENDMENTS
1998 - Subsec. (h). Pub. L. 105-206 added subsec. (h).
1996 - Subsec. (a)(3). Pub. L. 104-168, Sec. 303(b)(2),
substituted "21 calendar days from the date of notice and demand
therefor (10 business days if the amount for which such notice and
demand is made equals or exceeds $100,000)" for "10 days of the
date of the notice and demand therefor".
Subsec. (g). Pub. L. 104-168, Sec. 1301(a), added subsec. (g).
1989 - Subsec. (f). Pub. L. 101-239 added subsec. (f).
1987 - Subsec. (e). Pub. L. 100-203 substituted "section 6654 or
6655" for "section 6154 or 6654".
1986 - Subsec. (c)(1). Pub. L. 99-514, Sec. 1502(b), amended par.
(1) generally, striking out the designation "(A)" before "With
respect to", inserting "(or fraction thereof)", and striking out
subpar. (B) which read as follows: "With respect to any return, the
maximum amount of the addition permitted under paragraph (3) of
subsection (a) shall be reduced by the amount of the addition under
paragraph (1) of subsection (a) (determined without regard to the
last sentence of such subsection) which is attributable to the tax
for which the notice and demand is made and which is not paid
within 10 days of notice and demand."
Subsecs. (d), (e). Pub. L. 99-514, Sec. 1502(a), added subsec.
(d) and redesignated former subsec. (d) as (e).
1984 - Subsec. (d). Pub. L. 98-369 in amending subsec. (d)
generally, substituted in heading "estimated tax" for "declarations
of estimated tax", struck out provisions making section
inapplicable to any failure to file a declaration of estimated tax
required by section 6015 or to any failure to pay any estimated tax
required to be paid by section 6153, and made section inapplicable
to any failure to pay any estimated tax required to be paid by
section 6654.
1982 - Subsec. (a). Pub. L. 97-248, Sec. 318(a), inserted
provision that, in the case of a failure to file a return of tax
imposed by chapter 1 within 60 days of the date prescribed for
filing of such return (determined with regard to any extensions of
time for filing), unless it is shown that such failure is due to
reasonable cause and not due to willful neglect, the addition to
tax under par. (1) shall not be less than the lesser of $100 or 100
percent of the amount required to be shown as tax on such return.
Subsec. (c)(1)(A). Pub. L. 97-248, Sec. 318(b)(1), inserted
provision that in any case described in last sentence of subsec.
(a), the amount of the addition under par. (1) of subsec. (a) shall
not be reduced under first sentence of this subpar. below the
amount provided in such last sentence.
Subsec. (c)(1)(B). Pub. L. 97-248, Sec. 318(b)(2), inserted
"(determined without regard to the last sentence of such
subsection)" after "paragraph (1) of subsection (a)".
1976 - Subsec. (e). Pub. L. 94-455 struck out subsec. (e) which
related to certain interest equalization tax returns.
1971 - Subsec. (e). Pub. L. 92-9 added subsec. (e).
1969 - Subsec. (a). Pub. L. 91-172 designated existing provisions
as par. (1) and added pars. (2) and (3).
Subsec. (b). Pub. L. 91-172 designated existing provisions as
par. (1) and added pars. (2) and (3).
Subsecs. (c), (d). Pub. L. 91-172 added subsec. (c), redesignated
former subsec. (c) as (d) and struck out reference to section 6016
of this title and provided that this section would not be
applicable for failure to pay any estimated tax required under
section 6153 or 6154 of this title.
1968 - Subsec. (c). Pub. L. 90-364 struck out reference to
section 6016.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-206, title III, Sec. 3303(b), July 22, 1998, 112
Stat. 742, provided that: "The amendment made by this section
[amending this section] shall apply for purposes of determining
additions to the tax for months beginning after December 31, 1999."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 303(b)(2) of Pub. L. 104-168 applicable in
case of any notice and demand given after Dec. 31, 1996, see
section 303(c) of Pub. L. 104-168, set out as a note under section
6601 of this title.
Section 1301(b) of Pub. L. 104-168 provided that: "The amendment
made by subsection (a) [amending this section] shall apply in the
case of any return the due date for which (determined without
regard to extensions) is after the date of the enactment of this
Act [July 30, 1996]."
EFFECTIVE DATE OF 1989 AMENDMENT
Section 7741(b) of Pub. L. 101-239 provided that: "The amendment
made by subsection (a) [amending this section] shall apply in the
case of failures to file returns the due date for which (determined
without regard to extensions) is after December 31, 1989."
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-203 applicable to taxable years
beginning after Dec. 31, 1987, see section 10301(c) of Pub. L.
100-203, set out as a note under section 585 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1502(c) of Pub. L. 99-514 provided that:
"(1) Subsection (a). - The amendments made by subsection (a)
[amending this section] shall apply -
"(A) to failures to pay which begin after December 31, 1986,
and
"(B) to failures to pay which begin on or before December 31,
1986, if after December 31, 1986 -
"(i) notice (or renotice) under section 6331(d) of the
Internal Revenue Code of 1954 [now 1986] is given with respect
to such failure, or
"(ii) notice and demand for immediate payment of the
underpayment is made under the last sentence of section 6331(a)
of such Code.
In the case of a failure to pay described in subparagraph (B),
paragraph (2) of section 6651(d) of such Code (as added by
subsection (a)) shall be applied by taking into account the first
notice (or renotice) after December 31, 1986.
"(2) Subsection (b). - The amendment made by subsection (b)
[amending this section] shall apply to amounts assessed after
December 31, 1986, with respect to failures to pay which begin
before, on, or after such date."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable with respect to taxable
years beginning after Dec. 31, 1984, see section 414(a)(1) of Pub.
L. 98-369, set out as a note under section 6654 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 318(c) of Pub. L. 97-248 provided that: "The amendments
made by this section [amending this section] shall apply to returns
the due date for filing of which (including extensions) is after
December 31, 1982."
EFFECTIVE DATE OF 1971 AMENDMENT
Section 3(j)(3) of Pub. L. 92-9 provided that: "The amendments
made by this subsection [amending this section and section 6680 of
this title] shall apply with respect to returns required to be
filed on or after the date of the enactment of this Act [Apr. 1,
1971]."
EFFECTIVE DATE OF 1969 AMENDMENT
Section 943(d) of Pub. L. 91-172 provided that: "The amendments
made by subsections (a) [amending this section] and (c) [amending
sections 3121, 5684, and 6653 of this title] shall apply with
respect to returns the date prescribed by law (without regard to
any extension of time) for filing of which is after December 31,
1969, and with respect to notices and demands for payment of tax
made after December 31, 1969. The amendment made by subsection (b)
[amending section 6656 of this title] shall apply with respect to
deposits the time for making of which is after December 31, 1969."
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-364 applicable with respect to taxable
years beginning after Dec. 31, 1967, except as provided by section
104 of Pub. L. 90-364, see section 103(f) of Pub. L. 90-364, set
out as a note under section 243 of this title.
ILLEGAL TAX PROTESTER DESIGNATION
Pub. L. 105-206, title III, Sec. 3707, July 22, 1998, 112 Stat.
778, provided that:
"(a) Prohibition. - The officers and employees of the Internal
Revenue Service -
"(1) shall not designate taxpayers as illegal tax protesters
(or any similar designation); and
"(2) in the case of any such designation made on or before the
date of the enactment of this Act [July 22, 1998] -
"(A) shall remove such designation from the individual master
file; and
"(B) shall disregard any such designation not located in the
individual master file.
"(b) Designation of Nonfilers Allowed. - An officer or employee
of the Internal Revenue Service may designate any appropriate
taxpayer as a nonfiler, but shall remove such designation once the
taxpayer has filed income tax returns for 2 consecutive taxable
years and paid all taxes shown on such returns.
"(c) Effective Date. - The provisions of this section shall take
effect on the date of the enactment of this Act [July 22, 1998],
except that the removal of any designation under subsection
(a)(2)(A) shall not be required to begin before January 1, 1999."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3121, 5684, 5761, 6013,
6404, 6601, 6658, 6665, 6751, 7518 of this title; title 30 section
932; title 46 App. section 1177.
-End-
-CITE-
26 USC Sec. 6652 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
Subchapter A - Additions to the Tax and Additional Amounts
PART I - GENERAL PROVISIONS
-HEAD-
Sec. 6652. Failure to file certain information returns,
registration statements, etc.
-STATUTE-
(a) Returns with respect to certain payments aggregating less than
$10
In the case of each failure to file a statement of a payment to
another person required under the authority of -
(1) section 6042(a)(2) (relating to payments of dividends
aggregating less than $10), or
(2) section 6044(a)(2) (relating to payments of patronage
dividends aggregating less than $10),
on the date prescribed therefor (determined with regard to any
extension of time for filing), unless it is shown that such failure
is due to reasonable cause and not to willful neglect, there shall
be paid (upon notice and demand by the Secretary and in the same
manner as tax) by the person failing to so file the statement, $1
for each such statement not so filed, but the total amount imposed
on the delinquent person for all such failures during the calendar
year shall not exceed $1,000.
(b) Failure to report tips
In the case of failure by an employee to report to his employer
on the date and in the manner prescribed therefor any amount of
tips required to be so reported by section 6053(a) which are wages
(as defined in section 3121(a)) or which are compensation (as
defined in section 3231(e)), unless it is shown that such failure
is due to reasonable cause and not due to willful neglect, there
shall be paid by the employee, in addition to the tax imposed by
section 3101 or section 3201 (as the case may be) with respect to
the amount of tips which he so failed to report, an amount equal to
50 percent of such tax.
(c) Returns by exempt organizations and by certain trusts
(1) Annual returns under section 6033 or 6012(a)(6)
(A) Penalty on organization
In the case of -
(i) a failure to file a return required under section 6033
(relating to returns by exempt organizations) or section
6012(a)(6) (relating to returns by political organizations)
on the date and in the manner prescribed therefor (determined
with regard to any extension of time for filing), or
(ii) a failure to include any of the information required
to be shown on a return filed under section 6033 or section
6012(a)(6) or to show the correct information,
there shall be paid by the exempt organization $20 for each day
during which such failure continues. The maximum penalty under
this subparagraph on failures with respect to any 1 return
shall not exceed the lesser of $10,000 or 5 percent of the
gross receipts of the organization for the year. In the case of
an organization having gross receipts exceeding $1,000,000 for
any year, with respect to the return required under section
6033 or section 6012(a)(6) for such year, the first sentence of
this subparagraph shall be applied by substituting "$100" for
"$20" and, in lieu of applying the second sentence of this
subparagraph, the maximum penalty under this subparagraph shall
not exceed $50,000.
(B) Managers
(i) In general
The Secretary may make a written demand on any organization
subject to penalty under subparagraph (A) specifying therein
a reasonable future date by which the return shall be filed
(or the information furnished) for purposes of this
subparagraph.
(ii) Failure to comply with demand
If any person fails to comply with any demand under clause
(i) on or before the date specified in such demand, there
shall be paid by the person failing to so comply $10 for each
day after the expiration of the time specified in such demand
during which such failure continues. The maximum penalty
imposed under this subparagraph on all persons for failures
with respect to any 1 return shall not exceed $5,000.
(C) Public inspection of annual returns and reports
In the case of a failure to comply with the requirements of
section 6104(d) with respect to any annual return on the date
and in the manner prescribed therefor (determined with regard
to any extension of time for filing) or report required under
section 527(j), there shall be paid by the person failing to
meet such requirements $20 for each day during which such
failure continues. The maximum penalty imposed under this
subparagraph on all persons for failures with respect to any 1
return or report shall not exceed $10,000.
(D) Public inspection of applications for exemption and notice
of status
In the case of a failure to comply with the requirements of
section 6104(d) with respect to any exempt status application
materials (as defined in such section) or notice materials (as
defined in such section) on the date and in the manner
prescribed therefor, there shall be paid by the person failing
to meet such requirements $20 for each day during which such
failure continues.
(2) Returns under section 6034 or 6043(b)
(A) Penalty on organization or trust
In the case of a failure to file a return required under
section 6034 (relating to returns by certain trusts) or section
6043(b) (relating to terminations, etc., of exempt
organizations), on the date and in the manner prescribed
therefor (determined with regard to any extension of time for
filing), there shall be paid by the exempt organization or
trust failing so to file $10 for each day during which such
failure continues, but the total amount imposed under this
subparagraph on any organization or trust for failure to file
any 1 return shall not exceed $5,000.
(B) Managers
The Secretary may make written demand on an organization or
trust failing to file under subparagraph (A) specifying therein
a reasonable future date by which such filing shall be made for
purposes of this subparagraph. If such filing is not made on or
before such date, there shall be paid by the person failing so
to file $10 for each day after the expiration of the time
specified in the written demand during which such failure
continues, but the total amount imposed under this subparagraph
on all persons for failure to file any 1 return shall not
exceed $5,000.
(3) Reasonable cause exception
No penalty shall be imposed under this subsection with respect
to any failure if it is shown that such failure is due to
reasonable cause.
(4) Other special rules
(A) Treatment as tax
Any penalty imposed under this subsection shall be paid on
notice and demand of the Secretary and in the same manner as
tax.
(B) Joint and several liability
If more than 1 person is liable under this subsection for any
penalty with respect to any failure, all such persons shall be
jointly and severally liable with respect to such failure.
(C) Person
For purposes of this subsection, the term "person" means any
officer, director, trustee, employee, or other individual who
is under a duty to perform the act in respect of which the
violation occurs.
(d) Annual registration and other notification by pension plan
(1) Registration
In the case of any failure to file a registration statement
required under section 6057(a) (relating to annual registration
of certain plans) which includes all participants required to be
included in such statement, on the date prescribed therefor
(determined without regard to any extension of time for filing),
unless it is shown that such failure is due to reasonable cause,
there shall be paid (on notice and demand by the Secretary and in
the same manner as tax) by the person failing so to file, an
amount equal to $1 for each participant with respect to whom
there is a failure to file, multiplied by the number of days
during which such failure continues, but the total amount imposed
under this paragraph on any person for any failure to file with
respect to any plan year shall not exceed $5,000.
(2) Notification of change of status
In the case of failure to file a notification required under
section 6057(b) (relating to notification of change of status) on
the date prescribed therefor (determined without regard to any
extension of time for filing), unless it is shown that such
failure is due to reasonable cause, there shall be paid (on
notice and demand by the Secretary and in the same manner as tax)
by the person failing so to file, $1 for each day during which
such failure continues, but the total amounts imposed under this
paragraph on any person for failure to file any notification
shall not exceed $1,000.
(e) Information required in connection with certain plans of
deferred compensation, etc.
In the case of failure to file a return or statement required
under section 6058 (relating to information required in connection
with certain plans of deferred compensation), 6047 (relating to
information relating to certain trusts and annuity and bond
purchase plans), or 6039D (relating to returns and records with
respect to certain fringe benefit plans) on the date and in the
manner prescribed therefor (determined with regard to any extension
of time for filing), unless it is shown that such failure is due to
reasonable cause, there shall be paid (on notice and demand by the
Secretary and in the same manner as tax) by the person failing so
to file, $25 for each day during which such failure continues, but
the total amount imposed under this subsection on any person for
failure to file any return shall not exceed $15,000. This
subsection shall not apply to any return or statement which is an
information return described in section 6724(d)(1)(C)(ii) or a
payee statement described in section 6724(d)(2)(Y).
(f) Returns required under section 6039C
(1) In general
In the case of each failure to make a return required by
section 6039C which contains the information required by such
section on the date prescribed therefor (determined with regard
to any extension of time for filing), unless it is shown that
such failure is due to reasonable cause and not to willful
neglect, the amount determined under paragraph (2) shall be paid
(upon notice and demand by the Secretary and in the same manner
as tax) by the person failing to make such return.
(2) Amount of penalty
For purposes of paragraph (1), the amount determined under this
paragraph with respect to any failure shall be $25 for each day
during which such failure continues.
(3) Limitation
The amount determined under paragraph (2) with respect to any
person for failing to meet the requirements of section 6039C for
any calendar year shall not exceed the lesser of -
(A) $25,000, or
(B) 5 percent of the aggregate of the fair market value of
the United States real property interests owned by such person
at any time during such year.
For purposes of the preceding sentence, fair market value shall
be determined as of the end of the calendar year (or, in the case
of any property disposed of during the calendar year, as of the
date of such disposition).
(g) Information required in connection with deductible employee
contributions
In the case of failure to make a report required by section
219(f)(4) which contains the information required by such section
on the date prescribed therefor (determined with regard to any
extension of time for filing), there shall be paid (on notice and
demand by the Secretary and in the same manner as tax) by the
person failing so to file, an amount equal to $25 for each
participant with respect to whom there was a failure to file such
information, multiplied by the number of years during which such
failure continues, but the total amount imposed under this
subsection on any person for failure to file shall not exceed
$10,000. No penalty shall be imposed under this subsection on any
failure which is shown to be due to reasonable cause and not
willful neglect.
(h) Failure to give notice to recipients of certain pension, etc.,
distributions
In the case of each failure to provide notice as required by
section 3405(e)(10)(B), at the time prescribed therefor, unless it
is shown that such failure is due to reasonable cause and not to
willful neglect, there shall be paid, on notice and demand of the
Secretary and in the same manner as tax, by the person failing to
provide such notice, an amount equal to $10 for each such failure,
but the total amount imposed on such person for all such failures
during any calendar year shall not exceed $5,000.
(i) Failure to give written explanation to recipients of certain
qualifying rollover distributions
In the case of each failure to provide a written explanation as
required by section 402(f), at the time prescribed therefor, unless
it is shown that such failure is due to reasonable cause and not to
willful neglect, there shall be paid, on notice and demand of the
Secretary and in the same manner as tax, by the person failing to
provide such written explanation, an amount equal to $100 for each
such failure, but the total amount imposed on such person for all
such failures during any calendar year shall not exceed $50,000.
(j) Failure to file certification with respect to certain
residential rental projects
In the case of each failure to provide a certification as
required by section 142(d)(7) at the time prescribed therefor,
unless it is shown that such failure is due to reasonable cause and
not to willful neglect, there shall be paid, on notice and demand
of the Secretary and in the same manner as tax, by the person
failing to provide such certification, an amount equal to $100 for
each such failure.
(k) (!1) Failure to make reports required under section 1202
In the case of a failure to make a report required under section
1202(d)(1)(C) which contains the information required by such
section on the date prescribed therefor (determined with regard to
any extension of time for filing), there shall be paid (on notice
and demand by the Secretary and in the same manner as tax) by the
person failing to make such report, an amount equal to $50 for each
report with respect to which there was such a failure. In the case
of any failure due to negligence or intentional disregard, the
preceding sentence shall be applied by substituting "$100" for
"$50". In the case of a report covering periods in 2 or more years,
the penalty determined under preceding provisions of this
subsection shall be multiplied by the number of such years. No
penalty shall be imposed under this subsection on any failure which
is shown to be due to reasonable cause and not willful neglect.
(l) Failure to file return with respect to certain corporate
transactions
In the case of any failure to make a return required under
section 6043(c) containing the information required by such section
on the date prescribed therefor (determined with regard to any
extension of time for filing), unless it is shown that such failure
is due to reasonable cause, there shall be paid (on notice and
demand by the Secretary and in the same manner as tax) by the
person failing to file such return, an amount equal to $500 for
each day during which such failure continues, but the total amount
imposed under this subsection with respect to any return shall not
exceed $100,000.
(m) Alcohol and tobacco taxes
For penalties for failure to file certain information returns
with respect to alcohol and tobacco taxes, see, generally,
subtitle E.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 821; Pub. L. 85-866, title I,
Sec. 85, Sept. 2, 1958, 72 Stat. 1664; Pub. L. 87-834, Sec. 19(d),
Oct. 16, 1962, 76 Stat. 1057; Pub. L. 88-272, title II, Sec.
221(b)(2), Feb. 26, 1964, 78 Stat. 74; Pub. L. 89-97, title III,
Sec. 313(e)(2)(B), (3), July 30, 1965, 79 Stat. 385; Pub. L.
89-212, Sec. 2(e), Sept. 29, 1965, 79 Stat. 859; Pub. L. 91-172,
title I, Sec. 101(d)(4), Dec. 30, 1969, 83 Stat. 522; Pub. L.
93-406, title II, Sec. 1031(b)(1)(A), (B)(i), Sept. 2, 1974, 88
Stat. 945, 946; Pub. L. 94-455, title XII, Sec. 1207(e)(3)(B), (C),
title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1708, 1834;
Pub. L. 96-167, Sec. 7(b)(1), Dec. 29, 1979, 93 Stat. 1277; Pub. L.
96-223, title I, Sec. 101(d)(2)(A), Apr. 2, 1980, 94 Stat. 251;
Pub. L. 96-499, title XI, Sec. 1123(b), Dec. 5, 1980, 94 Stat.
2689; Pub. L. 96-603, Sec. 1(d)(2), Dec. 28, 1980, 94 Stat. 3504;
Pub. L. 97-34, title III, Sec. 311(f), title VII, Sec. 723(a)(1),
(3), (4), Aug. 13, 1981, 95 Stat. 281, 343, 344; Pub. L. 97-248,
title III, Secs. 309(b)(2), 315(a), (b), Sept. 3, 1982, 96 Stat.
595, 605, 606; Pub. L. 97-448, title II, Sec. 201(i)(2), Jan. 12,
1983, 96 Stat. 2395; Pub. L. 98-67, title I, Sec. 105(b)(1), Aug.
5, 1983, 97 Stat. 380; Pub. L. 98-369, div. A, title I, Secs.
145(b)(1), (2), 146(b)(1), (2), 148(b)(1), (2), 149(b)(1),
155(b)(2)(A), title IV, Sec. 491(d)(50), title V, Sec.
531(b)(4)(B), title VII, Sec. 714(j)(3), July 18, 1984, 98 Stat.
685, 686, 688, 689, 693, 852, 882, 963; Pub. L. 98-397, title II,
Sec. 207(b), Aug. 23, 1984, 98 Stat. 1450; Pub. L. 98-611, Sec.
1(d)(2), Oct. 31, 1984, 98 Stat. 3177; Pub. L. 98-612, Sec.
1(b)(2), Oct. 31, 1984, 98 Stat. 3181; Pub. L. 99-514, title XI,
Sec. 1151(b), title XIII, Sec. 1301(g), title XV, Sec.
1501(d)(1)(A), title XVII, Sec. 1702(b), title XVIII, Secs.
1810(f)(9), 1811(c)(2), Oct. 22, 1986, 100 Stat. 2502, 2656, 2740,
2774, 2828, 2833; Pub. L. 100-203, title X, Secs. 10502(d)(11),
10704(a), Dec. 22, 1987, 101 Stat. 1330-444, 1330-461; Pub. L.
100-647, title I, Secs. 1011B(a)(10), 1017(b), 1018(u)(36), title
III, Sec. 3021(a)(10), Nov. 10, 1988, 102 Stat. 3484, 3575, 3592,
3630; Pub. L. 101-140, title II, Sec. 203(a)(1), Nov. 8, 1989, 103
Stat. 830; Pub. L. 101-239, title VII, Secs. 7208(b)(2),
7841(d)(5), Dec. 19, 1989, 103 Stat. 2338, 2428; Pub. L. 102-318,
title V, Sec. 522(b)(2)(F), July 3, 1992, 106 Stat. 314; Pub. L.
103-66, title XIII, Sec. 13113(c), Aug. 10, 1993, 107 Stat. 429;
Pub. L. 104-168, title XIII, Secs. 1314(a), (b), July 30, 1996, 110
Stat. 1480; Pub. L. 104-188, title I, Secs. 1455(c), (d)(2),
1704(s), Aug. 20, 1996, 110 Stat. 1818, 1887; Pub. L. 105-34, title
XII, Sec. 1281(a), (b), title XVI, Sec. 1602(d)(2)(B), Aug. 5,
1997, 111 Stat. 1037, 1094; Pub. L. 105-277, div. J, title I, Sec.
1004(b)(2)(B), (C), Oct. 21, 1998, 112 Stat. 2681-890; Pub. L.
106-230, Secs. 1(c), 2(c), 3(c), July 1, 2000, 114 Stat. 479, 482,
483.)
-COD-
CODIFICATION
Pub. L. 101-140, Sec. 203(a)(1), amended this section to read as
if the amendments made by section 1151(b) of Pub. L. 99-514
(enacting subsec. (l)) had not been enacted. Subsequent to
enactment by Pub. L. 99-514, subsec. (l) was amended by Pub. L.
100-203, Pub. L. 100-647, and Pub. L. 101-239. See 1989, 1988, and
1987 Amendment notes below.
-MISC1-
AMENDMENTS
2000 - Subsec. (c)(1). Pub. L. 106-230, Sec. 3(c)(4), inserted
"or 6012(a)(6)" after "section 6033" in heading.
Subsec. (c)(1)(A). Pub. L. 106-230, Sec. 3(c)(3), inserted "or
section 6012(a)(6)" after "section 6033" in last sentence.
Subsec. (c)(1)(A)(i). Pub. L. 106-230, Sec. 3(c)(1), inserted "or
section 6012(a)(6) (relating to returns by political
organizations)" after "organizations)".
Subsec. (c)(1)(A)(ii). Pub. L. 106-230, Sec. 3(c)(2), inserted
"or section 6012(a)(6)" after "section 6033".
Subsec. (c)(1)(C). Pub. L. 106-230, Sec. 2(c), in heading
inserted "and reports" after "returns" and in text inserted "or
report required under section 527(j)" after "filing)" and "or
report" after "1 return".
Subsec. (c)(1)(D). Pub. L. 106-230, Sec. 1(c), in heading
inserted "and notice of status" after "exemption" and in text
inserted "or notice materials (as defined in such section)" after
"section)".
1998 - Subsec. (c)(1)(C). Pub. L. 105-277, Sec. 1004(b)(2)(B),
substituted "section 6104(d) with respect to any annual return" for
"subsection (d) or (e)(1) of section 6104 (relating to public
inspection of annual returns)".
Subsec. (c)(1)(D). Pub. L. 105-277, Sec. 1004(b)(2)(C),
substituted "section 6104(d) with respect to any exempt status
application materials (as defined in such section)" for "section
6104(e)(2) (relating to public inspection of applications for
exemption)".
1997 - Subsec. (e). Pub. L. 105-34, Sec. 1602(d)(2)(B),
substituted "section 6724(d)(2)(Y)" for "section 6724(d)(2)(X)".
Subsec. (g). Pub. L. 105-34, Sec. 1281(a), inserted at end "No
penalty shall be imposed under this subsection on any failure which
is shown to be due to reasonable cause and not willful neglect."
Subsec. (k). Pub. L. 105-34, Sec. 1281(b), inserted at end "No
penalty shall be imposed under this subsection on any failure which
is shown to be due to reasonable cause and not willful neglect."
1996 - Subsec. (c)(1)(A). Pub. L. 104-168 in concluding
provisions, substituted "$20" for "$10" and "$10,000" for "$5,000"
and inserted at end "In the case of an organization having gross
receipts exceeding $1,000,000 for any year, with respect to the
return required under section 6033 for such year, the first
sentence of this subparagraph shall be applied by substituting
'$100' for '$20' and, in lieu of applying the second sentence of
this subparagraph, the maximum penalty under this subparagraph
shall not exceed $50,000."
Subsec. (c)(1)(C). Pub. L. 104-188, Sec. 1704(s)(1), substituted
"$20" for "$10" and "$10,000" for "$5,000".
Subsec. (c)(1)(D). Pub. L. 104-188, Sec. 1704(s)(2), substituted
"$20" for "$10".
Subsec. (e). Pub. L. 104-188, Sec. 1455(d)(2), inserted at end
"This subsection shall not apply to any return or statement which
is an information return described in section 6724(d)(1)(C)(ii) or
a payee statement described in section 6724(d)(2)(X)."
Subsec. (i). Pub. L. 104-188, Sec. 1455(c), substituted "$100"
and "$50,000" for "the $10" and "$5,000", respectively.
1993 - Subsec. (k). Pub. L. 103-66, which directed amendment of
section by adding subsec. (k) before the last subsection, was
executed by adding subsec. (k) after subsec. (j) to reflect the
probable intent of Congress.
1992 - Subsec. (h). Pub. L. 102-318 substituted "3405(e)(10)(B)"
for "3405(d)(10)(B)".
1989 - Subsec. (k). Pub. L. 101-239, Sec. 7841(d)(5)(B),
redesignated the subsec. (k), relating to alcohol and tobacco
taxes, as (l).
Pub. L. 101-239, Sec. 7841(d)(5)(A), redesignated the subsection
relating to information with respect to includible employee
benefits as (k), see Codification note above.
Pub. L. 101-140 amended this section to read as if amendments by
Pub. L. 99-514, Sec. 1151(b), had not been enacted, see
Codification note above and 1986 Amendment note below.
Subsec. (l). Pub. L. 101-239, Sec. 7208(b)(2), added subsec. (l)
and redesignated former subsec. (l) as (m).
Pub. L. 101-239, Sec. 7841(d)(5)(B), redesignated subsec. (k),
relating to alcohol and tobacco taxes, as (l).
Subsec. (m). Pub. L. 101-239, Sec. 7208(b)(2), redesignated
subsec. (l) as (m).
1988 - Subsec. (j). Pub. L. 100-647, Sec. 1017(b), amended
subsec. (j) as it existed prior to its repeal by Pub. L. 100-203,
Sec. 10502(d)(11), by inserting "(and the corresponding provision
of section 4041(d)(1))" after "section 4041(a)(1)", see 1987
Amendment note below.
Subsec. (k)(2)(B). Pub. L. 100-647, Sec. 3021(a)(10), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: "the employer-provided benefit (within the meaning of
section 89 without regard to subsection (g)(3) thereof) with
respect to the employee to whom such failure relates." See
Codification note above.
Pub. L. 100-647, Sec. 1011B(a)(10), substituted "subsection
(g)(3)(C)(i)" for "subsection (g)(3)". See Codification note above.
Subsec. (k)(4). Pub. L. 100-647, Sec. 1018(u)(36), substituted
"or part II of subchapter B of this chapter" for "or section 6678".
See Codification note above.
1987 - Subsec. (c). Pub. L. 100-203, Sec. 10704(a), amended
subsec. (c) generally, revising and restating as pars. (1) to (4)
provisions of former pars. (1) to (3).
Subsec. (j). Pub. L. 100-203, Sec. 10502(d)(11), struck out
subsec. (j), as added by section 1702(b) of Pub. L. 99-514, which
related to failure to give written notice to certain sellers of
diesel fuel.
Subsecs. (k), (l). Pub. L. 100-203, Sec. 10502(d)(11),
redesignated subsec. (l), relating to information with respect to
includible employee benefits, as (k), and directed the
redesignation of a nonexistent subsec. (m) as (l). See Codification
note above.
1986 - Subsec. (a). Pub. L. 99-514, Sec. 1501(d)(1)(A),
redesignated subsec. (b) as (a), substituted "Returns with respect
to certain payments aggregating less than $10" for "Other returns"
in heading, and struck out former subsec. (a) which provided
penalties for failure to file returns relating to information at
source, payments of dividends, etc. and certain transfers of stock.
Pub. L. 99-514, Sec. 1811(c)(2), inserted "(other than by
subsection (d) of such section)" in par. (3)(A)(ii).
Subsecs. (b) to (f). Pub. L. 99-514, Sec. 1501(d)(1)(A)(i),
redesignated subsecs. (c) to (f) as (b) to (e), respectively.
Former subsec. (b) redesignated (a).
Subsec. (g). Pub. L. 99-514, Sec. 1501(d)(1)(A)(i), redesignated
subsec. (h) as (g). Former subsec. (g) redesignated (f).
Pub. L. 99-514, Sec. 1810(f)(9)(C), struck out "etc.," after
"Returns" in heading.
Subsec. (g)(1). Pub. L. 99-514, Sec. 1810(f)(9)(A), in amending
par. (1) generally, struck out "(A)" after "In the case of each
failure", and struck out "(B) to furnish a statement required by
section 6039C(b)(3)," before "on the date required".
Subsec. (g)(3). Pub. L. 99-514, Sec. 1810(f)(9)(B), in amending
par. (3) generally, designated former subpar. (B) of par. (3) as
the entire paragraph, struck out former subpar. (A) setting a
limitation of $25,000 with respect to each subsection for failure
to meet the requirements of subsection (a) or (b) of section 6039C,
struck out former subpar. (B) heading "For failure to meet
requirements of section 6039C(c)" and in text substituted
"requirements of section 6039C" for "requirements of subsection (c)
of section 6039C" and inserted "(A)" before "$25,000" and "(B)"
before "5 percent".
Subsecs. (h), (i). Pub. L. 99-514, Sec. 1501(d)(1)(A)(i),
redesignated subsecs. (i) and (j) as (h) and (i), respectively.
Former subsec. (h) redesignated (g).
Subsec. (j). Pub. L. 99-514, Sec. 1702(b), added subsec. (j)
relating to failure to give written notice to certain sellers of
diesel fuel, and redesignated former subsec. (j), relating to
alcohol and tobacco taxes, as (k).
Pub. L. 99-514, Sec. 1301(g), added subsec. (j) relating to
failure to file certification with respect to certain residential
projects.
Pub. L. 99-514, Sec. 1501(d)(1)(A)(i), redesignated subsec. (k),
relating to alcohol and tobacco taxes, as (j). Former subsec. (j),
relating to failure to give written explanation to recipients of
certain qualifying rollover distributions, redesignated (i). Such
subsec. (j), relating to alcohol and tobacco taxes, was
subsequently redesignated as subsec. (k) by section 1301(g) of Pub.
L. 99-514, and also by section 1702(b) of Pub. L. 99-514, both of
which added a new subsec. (j), see above.
Subsec. (k). Pub. L. 99-514, Sec. 1501(d)(1)(A)(i), redesignated
subsec. (k), relating to alcohol and tobacco taxes, as (j).
Subsequently, such subsec. (j) was redesignated as subsec. (k) by
section 1301(g) of Pub. L. 99-514, and also by section 1702(b) of
Pub. L. 99-514.
Subsecs. (l), (m). Pub. L. 99-514, Sec. 1151(b), directed the
redesignation of a nonexistent subsec. (l) as (m), and added a new
subsec. (l) relating to information with respect to includible
employee benefits.
1984 - Subsec. (a)(1)(B)(v). Pub. L. 98-369, Sec. 145(b)(1),
added cl. (v).
Subsec. (a)(1)(B)(vi). Pub. L. 98-369, Sec. 146(b)(1), added cl.
(vi).
Subsec. (a)(1)(B)(vii). Pub. L. 98-369, Sec. 148(b)(1), added cl.
(vii).
Subsec. (a)(1)(B)(viii). Pub. L. 98-369, Sec. 149(b)(1), added
cl. (viii).
Subsec. (a)(1)(B)(ix). Pub. L. 98-369, Sec. 155(b)(2)(A), added
cl. (ix).
Subsec. (a)(3)(A)(iii). Pub. L. 98-369, Sec. 148(b)(2),
substituted ", 6050I, or 6050J" for "or 6050I".
Pub. L. 98-369, Sec. 146(b)(2), substituted ", 6050H or 6050I"
for "or section 6050H".
Pub. L. 98-369, Sec. 145(b)(2), inserted "or section 6050H" after
"section 6041A(b)".
Subsec. (f). Pub. L. 98-611, Sec. 1(d)(2), and Pub. L. 98-612,
Sec. 1(b)(2), made identical amendments, substituting "6039D
(relating to returns and records with respect to certain fringe
benefit plans)" for "125(h) (relating to information with respect
to cafeteria plans)".
Pub. L. 98-369, Sec. 531(b)(4)(B)(i), which directed the
amendment of subsec. (f) by striking out "or 6047 (relating to
information relating to certain trusts and annuity and bond
purchase plans)" and inserting in lieu thereof ", 6047 (relating to
information relating to certain trusts and annuity and bond
purchase plans), or 125(h) (relating to information with respect to
cafeteria plans)", was executed by substituting the quoted phrase
for "or 6047 (relating to information relating to certain trusts
and annuity plans)", as the probable intent of Congress.
Pub. L. 98-369, Sec. 531(b)(4)(B)(ii), inserted "; etc." in
heading.
Pub. L. 98-369, Sec. 491(d)(50), struck out "and bond purchase"
after "trusts and annuity".
Subsec. (i). Pub. L. 98-369, Sec. 714(j)(3), added subsec. (i).
Former subsec. (i), relating to alcohol and tobacco taxes,
redesignated (j).
Subsec. (j). Pub. L. 98-397, Sec. 207(b), added subsec. (j).
Former subsec. (j), relating to alcohol and tobacco taxes,
redesignated (k).
Pub. L. 98-369, Sec. 714(j)(3), redesignated former subsec. (i),
relating to alcohol and tobacco taxes, as (j).
Subsec. (k). Pub. L. 98-397, Sec. 207(b), redesignated subsec.
(j), relating to alcohol and tobacco taxes, as (k).
1983 - Subsec. (a)(1)(A). Pub. L. 98-67, Sec. 105(b)(1)(B),
struck out cls. (ii), (iii), and (iv), redesignated cls. (v) and
(vi) as (ii) and (iii), respectively, and in cl. (iii), as so
redesignated, struck out "6042(e), 6044(f), 6049(e), or" before
"6051(d)".
Subsec. (a)(2), (3). Pub. L. 98-67, Sec. 105(b)(1)(A), (C), added
par. (2), redesignated former par. (2) as (3), and in par. (3), as
so redesignated, inserted references to paragraph (2) in provisions
preceding subpar. (A) and in provisions of subpar. (A) preceding
cl. (i).
Subsec. (a). Pub. L. 97-448, which directed that "or" be struck
out at end of subpar. (F) of par. (1), "or" be inserted at end of
par. (2), a new par. (3) be added, and that in provision following
par. (3), "paragraph (2) or (3)" be substituted for "paragraph
(2)", was executed by striking out "or" at end of subpar. (A)(vi)
of par. (1), inserting "or" at end of subpar. (B)(iv) of par. (1),
redesignating par. (3) as subpar. (C) and adding such subpar. (C),
to par. (1), and in provision following subpar. (C) substituting
"subparagraph (B) or (C)" for "subparagraph (B)", to reflect the
probable intent of Congress and the intervening amendment of
subsec. (a) by section 315(a) of Pub. L. 97-248 which redesignated
former par. (1) as subpar. (A), former subpars. (A) to (F) as cls.
(i) to (vi), and former par. (2) as subpar. (B), and in provision
following subpar. (B) as so redesignated, substituted "subparagraph
(B)" for "paragraph (2)".
1982 - Subsec. (a). Pub. L. 97-248, Sec. 315(a), designated
existing provisions as par. (1) with a heading "In general",
redesignated former par. (1) as subpar. (A), in subpar. (A) as so
redesignated struck out "aggregate" before "amount", redesignated
former subpars. (A) through (F) as cls. (i) through (vi),
respectively, in cls. (ii) and (iii) as so redesignated struck out
"aggregating $10 or more" after "dividends", in cl. (iv) as so
redesignated substituted "(a)" for "(a)(1)" and struck out
"aggregating $10 or more" after "interest", in cl. (vi) as so
redesignated inserted "6042(e), 6044(f), 6049(e), or" before
"6051(d)", redesignated former par. (2) as subpar. (B), in subpar.
(B) as so redesignated designated from "section 6052(a)" through
the end of the parenthesis as cl. (iii) and struck out "with
respect to group-term life insurance on the life of an employee"
thereafter, added cls. (i), (ii), and (iv), in text after cl. (iv)
substituted "subparagraph (A)" for "paragraph (1)", "subparagraph
(B)" for "paragraph (2)", "$50 for each such failure" for "$10 for
each such failure", and "shall not exceed $50,000" for "shall not
exceed $25,000", and added par. (2).
Subsec. (b). Pub. L. 97-248, Sec. 309(b)(2), struck out pars. (3)
and (4) which referred to section 6049(a)(2) and section
6049(a)(3), respectively, as sources of authority for the
requirement of filing a statement of payment to another person.
Subsec. (f). Pub. L. 97-248, Sec. 315(b), substituted "$25" and
"$15,000" for "$10" and "$5,000", respectively.
1981 - Subsec. (a). Pub. L. 97-34, Sec. 723(a)(4), inserted in
heading "information at source," before "payments of dividends".
Subsec. (a)(1). Pub. L. 97-34, Sec. 723(a)(1), added subpars.
(A), (E), and (F), and redesignated former subpars. (A) to (C) as
(B) to (D), respectively.
Subsec. (b). Pub. L. 97-34, Sec. 723(a)(3), substituted
provisions relating to failure to file required statement of
payment to another person under authority of section 6042(a)(2),
6044(a)(2), or 6049(a)(2) or (3), and imposition of penalties with
a maximum of $1,000 for all failures during the calendar year, for
provisions relating to failure to file required statement of
payment to another person under authority of section 6041,
6042(a)(2), 6044(a)(2), 6049(a)(2) or (3), 6050A(a) or (b), 6050C,
6051(d), or 6053(b), and imposition of penalties with a maximum of
$1,000 for all failures during the calendar year.
Subsecs. (h), (i). Pub. L. 97-34, Sec. 311(f), added subsec. (h)
and redesignated former subsec. (h) as (i).
1980 - Subsec. (b). Pub. L. 96-223 inserted reference to
statement required by section 6050C (relating to information
regarding windfall profit tax on crude oil).
Subsec. (d)(3). Pub. L. 96-603 substituted in heading "returns"
for "reports" and in text "failure to comply" for "failure to file
a report required under section 6056 (relating to annual reports by
private foundations) or to comply", "failing to meet such
requirements" for "failing so to file or meet the publicity
requirement", and "failure with respect" for "failure to file or
comply with the requirements of section 6104(d) with regard".
Subsecs. (g), (h). Pub. L. 96-499 added subsec. (g) and
redesignated former subsec. (g) as (h).
1979 - Subsec. (a). Pub. L. 96-167 inserted "or" after "$10 or
more)," in par. (1), struck out par. (2) relating to failure to
make a return required by section 6039(a) with respect to a
transfer of stock or a transfer of legal title to stock,
redesignated par. (3) as (2), and in closing provision substituted
"return referred to in paragraph (2)" for "return referred to in
paragraph (2) or (3)".
1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out "or his delegate" after "Secretary".
Subsec. (b). Pub. L. 94-455, Secs. 1207(e)(3)(B), (C),
1906(b)(13)(A), inserted "in the case of each failure to make a
return required by section 6050A(a) (relating to reporting
requirements of certain fishing boat operators)," after "income tax
withheld)," and "or section 6050A(b) (relating to statements
furnished by certain fishing boat operators)," after "respect to
tips)," and struck out "or his delegate" after "Secretary".
Subsecs. (d) to (f). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out "or his delegate" after "Secretary" wherever appearing.
1974 - Pub. L. 93-406, Sec. 1031(b)(1)(B)(i), inserted ",
registration statements, etc." in section catchline.
Subsecs. (e) to (g). Pub. L. 93-406, Sec. 1031(b)(1)(A), added
subsecs. (e) and (f) and redesignated former subsec. (e) as (g).
1969 - Subsecs. (d), (e). Pub. L. 91-172 added subsec. (d) and
redesignated former subsec. (d) as (e).
1965 - Subsec. (b). Pub. L. 89-97, Sec. 313(e)(2)(B), inserted
"and in the case of each failure to furnish a statement required by
section 6053(b) (relating to statements furnished by employers with
respect to tips)," after "income tax withheld).".
Subsec. (c). Pub. L. 89-212 inserted "or which are compensation
(as defined in section 3231(e))" and "or section 3201 (as the case
may be)".
Pub. L. 89-97, Sec. 313(e)(3), added subsec. (c). Former subsec.
(c) redesignated (d).
Subsec. (d). Pub. L. 89-97, Sec. 313(e)(3), redesignated former
subsec. (c) as (d).
1964 - Subsec. (a). Pub. L. 88-272 provided a penalty for failure
to make a return required by section 6039(a) with respect to a
transfer of stock or a transfer of legal title to stock, and by
section 6052(a) with respect to group-term life insurance on the
life of an employee.
1962 - Subsec. (a). Pub. L. 87-834 added subsec. (a). Former
subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 87-834 redesignated former subsec. (a) as
(b), and substituted "section 6042(a)(2) (relating to payments of
dividends aggregating less than $10), section 6044(a)(2) (relating
to payments of patronage dividends aggregating less than $10),
section 6049(a)(2) (relating to payments of interest aggregating
less than $10), section 6049(a)(3) (relating to other payments of
interest by corporations), or section 6051(d) (relating to
information returns with respect to income tax withheld)" for
"section 6042(1) (relating to payments of corporate dividends),
section 6044 (relating to patronage dividends), or section 6051(d)
(relating to information returns with respect to income tax
withheld)". Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 87-834 redesignated former subsec. (b) as
(c).
1958 - Subsec. (a). Pub. L. 85-866 substituted "section 6042(1)"
for "section 6042" and "(upon notice and demand by the Secretary or
his delegate and in the same manner as tax), by the person failing
to so file the statement, $1 for each such statement not so filed"
for "by the person failing to file the statement, upon notice and
demand by the Secretary or his delegate and in the same manner as
tax, $1 for each such statement not filed", deleted "section 6045
(relating to returns of brokers)" after "patronage dividends)" and
inserted "on the date prescribed therefor (determined with regard
to any extension of time for filing)" after "income tax
withheld),".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by section 1(c) of Pub. L. 106-230 effective July 1,
2000, see section 1(d) of Pub. L. 106-230, set out as a note under
section 527 of this title.
Amendment by section 3(c) of Pub. L. 106-230 applicable to
returns for taxable years beginning after June 30, 2000, see
section 3(d) of Pub. L. 106-230, set out as a note under section
6012 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277 applicable to requests made after
the later of Dec. 31, 1998, or the 60th day after the Secretary of
the Treasury first issues the regulations referred to in section
6104(d)(4) of this title, see section 1004(b)(3) of Pub. L.
105-277, set out as a note under section 6104 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1281(e) of Pub. L. 105-34 provided that: "The amendments
made by this section [amending this section and sections 6683 and
7519 of this title] shall apply to taxable years beginning after
the date of the enactment of this Act [Aug. 5, 1997]."
Amendment by section 1602(d)(2)(B) of Pub. L. 105-34 effective as
if included in the provisions of the Health Insurance Portability
and Accountability Act of 1996, Pub. L. 104-191, to which such
amendment relates, see section 1602(i) of Pub. L. 105-34, set out
as a note under section 26 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 1455(c), (d)(2) of Pub. L. 104-188
applicable to returns, reports, and other statements the due date
for which (determined without regard to extensions) is after Dec.
31, 1996, see section 1455(e) of Pub. L. 104-188, set out as a note
under section 408 of this title.
Section 1314(c) of Pub. L. 104-168 provided that: "The amendments
made by this section [amending this section] shall apply to returns
for taxable years ending on or after the date of the enactment of
this Act [July 30, 1996]."
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-66 applicable to stock issued after Aug.
10, 1993, see section 13113(e) of Pub. L. 103-66, set out as a note
under section 53 of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-318 applicable, except as otherwise
provided, to distributions after Dec. 31, 1992, see section 522(d)
of Pub. L. 102-318, set out as a note under section 401 of this
title.
EFFECTIVE DATE OF 1989 AMENDMENTS
Amendment by section 7208(b)(2) of Pub. L. 101-239 applicable to
transactions after Mar. 31, 1990, see section 7208(b)(4) of Pub. L.
101-239, set out as a note under section 6043 of this title.
Amendment by Pub. L. 101-140 effective as if included in section
1151 of Pub. L. 99-514, see section 203(c) of Pub. L. 101-140, set
out as a note under section 79 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by sections 1011B(a)(10), 1017(b), 1018(u)(36) 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.
Amendment by section 3021(a)(10) of Pub. L. 100-647 effective as
if included in the amendments by section 1151 of Pub. L. 99-514,
see section 3021(d)(1) of Pub. L. 100-647, set out as a note under
section 129 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by section 10502(d)(11) of Pub. L. 100-203 applicable
to sales after Mar. 31, 1988, see section 10502(e) of Pub. L.
100-203, set out as a note under section 40 of this title.
Section 10704(d) of Pub. L. 100-203 provided that: "The
amendments made by this section [amending this section and sections
6685 and 7207 of this title] shall apply -
"(1) to returns for years beginning after December 31, 1986,
and
"(2) on and after the date of the enactment of this Act [Dec.
22, 1987] in the case of applications submitted to the Internal
Revenue Service -
"(A) after July 15, 1987, or
"(B) on or before July 15, 1987, if the organization has a
copy of the application on July 15, 1987."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1151(b) of Pub. L. 99-514 applicable to
years beginning after Dec. 31, 1988, with certain qualifications
and exceptions, see section 1151(k) of Pub. L. 99-514, as amended,
set out as a note under section 79 of this title.
Amendment by section 1301(g) of Pub. L. 99-514 applicable to
bonds issued after Aug. 15, 1986, except as otherwise provided, see
sections 1311 to 1318 of Pub. L. 99-514, set out as an Effective
Date; Transitional Rules note under section 141 of this title.
Amendment by section 1501(d)(1)(A) of Pub. L. 99-514 applicable
to returns the due date for which (determined without regard to
extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L.
99-514, set out as an Effective Date note under section 6721 of
this title.
Amendment by section 1702(b) of Pub. L. 99-514 applicable to
sales after first calendar quarter beginning more than 60 days
after Oct. 22, 1986, see section 1702(c) of Pub. L. 99-514, set out
as a note under section 4041 of this title.
Amendment by sections 1810(f)(9) and 1811(c)(2) 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 AMENDMENTS
Amendment by Pub. L. 98-612 effective Jan. 1, 1985, see section
1(d)(2) of Pub. L. 98-612.
Amendment by Pub. L. 98-611 effective Jan. 1, 1985, see section
1(g)(2) of Pub. L. 98-611, set out as a note under section 127 of
this title.
Amendment by Pub. L. 98-397 applicable to distributions after
Dec. 31, 1984, see section 302(c) of Pub. L. 98-397, set out as a
note under section 1001 of Title 29, Labor.
Amendment by section 145(b)(1), (2) of Pub. L. 98-369 applicable
to amounts received after Dec. 31, 1984, see section 145(d) of Pub.
L. 98-369, set out as an Effective Date note under section 6050H of
this title.
Amendment by section 146(b)(1), (2) of Pub. L. 98-369 applicable
to amounts received after Dec. 31, 1984, see section 146(d) of Pub.
L. 98-369, set out as an Effective Date note under section 6050I of
this title.
Amendment by section 148(b)(1), (2) of Pub. L. 98-369 applicable
with respect to acquisitions of property and abandonments of
property after Dec. 31, 1984, see section 148(d) of Pub. L. 98-369,
set out as an Effective Date note under section 6050J of this
title.
Amendment by section 149(b)(1) of Pub. L. 98-369 applicable with
respect to exchanges after Dec. 31, 1984, see section 149(d) of
Pub. L. 98-369, set out as an Effective Date note under section
6050K of this title.
Amendment by section 155(b)(2)(A) of Pub. L. 98-369 applicable to
contributions made after Dec. 31, 1984, in taxable years ending
after such date, see section 155(d)(1) of Pub. L. 98-369, set out
as an Effective Date note under section 6050L of this title.
Amendment by section 491(d)(50) of Pub. L. 98-369 applicable to
obligations issued after Dec. 31, 1983, see section 491(f)(1) of
Pub. L. 98-369, set out as a note under section 62 of this title.
Amendment by section 531(b)(4)(B) of Pub. L. 98-369 effective
Jan. 1, 1985, see section 531(h) of Pub. L. 98-369, set out as an
Effective Date note under section 132 of this title.
Amendment by section 714(j)(3) 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.
EFFECTIVE DATE OF 1983 AMENDMENTS
Amendment by Pub. L. 98-67 applicable with respect to payments
made after Dec. 31, 1983, see section 110(a) of Pub. L. 98-67, set
out as a note under section 31 of this title.
Section 203(a), (b) of title II of Pub. L. 97-448, as amended by
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided
that:
"(a) General Rule. - Except as provided in subsection (b), any
amendment made by this title [amending this section and sections
44D [now 29], 46, 48, 193, 613A, 4988, 4989, 4991-4997, 6015, 6154,
6654, 6655, and 6678 of this title, enacting provisions set out as
notes under section 4996 of this title, and amending a provision
set out as a note under section 44E of this title] shall take
effect as if it had been included in the provision of the Crude Oil
Windfall Profit Tax Act of 1980 [Pub. L. 96-223] to which such
amendment relates.
"(b) Exceptions. -
"(1) Definition of independent producer. - The amendment made
by section 201(d)(1) [amending section 4992 of this title] shall
take effect on January 1, 1983.
"(2) Penalty provision. - The amendments made by section 201(i)
[amending this section and sections 4997 and 6678 of this title]
shall apply with respect to returns and statements the due dates
for which (without regard to extensions) are after the date of
the enactment of this Act [Jan. 12, 1983].
"(3) Amendments to section 613a. -
"(A) The amendment made by section 202(d)(1) [amending
section 613A of this title] shall apply to transfers in taxable
years ending after December 31, 1974, but only for purposes of
applying section 613A of the Internal Revenue Code of 1986
[formerly I.R.C. 1954] to periods after December 31, 1979.
"(B) The amendment made by section 202(d)(2) [amending
section 613A of this title] shall apply to bulk sales after
September 18, 1982.
"(4) No withholding by reason of condensate provision. - No
withholding of tax shall be required under section 4995 of the
Internal Revenue Code of 1986 by reason of the amendment made by
section 201(h)(2)(A) of this Act [amending section 4996 of this
title] before the date on which regulations with respect to such
amendment are published in the Federal Register."
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by section 309(b)(2) of Pub. L. 97-248 applicable to
amounts paid (or treated as paid) after Dec. 31, 1982, see section
309(c) of Pub. L. 97-248, set out as a note under section 6049 of
this title.
Section 315(d) of Pub. L. 97-248 provided that: "The amendments
made by this section [amending this section and section 6678 of
this title] shall apply with respect to returns or statements the
due date for the filing of which (without regard to extensions) is
after December 31, 1982."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 311(f) of Pub. L. 97-34 applicable to
taxable years beginning after Dec. 31, 1981, see section 311(i)(1)
of Pub. L. 97-34, set out as a note under section 219 of this
title.
Section 723(c) of Pub. L. 97-34 provided that: "The amendments
made by this section [amending this section and sections 6041 and
6678 of this title] shall apply to returns and statements required
to be furnished after December 31, 1981."
EFFECTIVE DATE OF 1980 AMENDMENTS
Amendment by Pub. L. 96-603 applicable to taxable years beginning
after Dec. 31, 1980, see section 1(f) of Pub. L. 96-603, set out as
a note under section 6033 of this title.
Amendment by Pub. L. 96-499, applicable to 1980 and subsequent
calendar years, with 1980 being treated as beginning on June 19,
1980, and ending on Dec. 31, 1980, see section 1125(b) of Pub. L.
96-499, set out as an Effective Date note under section 897 of this
title.
Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,
1980, see section 101(i) of Pub. L. 96-223, set out as a note under
section 6161 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Section 7(c) of Pub. L. 96-167 provided that: "The amendments
made by this section [amending this section and sections 6039 and
6678 of this title] shall apply with respect to calendar years
beginning after 1979."
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1207(e)(3)(B), (C) of Pub. L. 94-455
applicable to calendar years beginning after Oct. 4, 1976, see
section 1207(f)(4) of Pub. L. 94-455, set out as a note under
section 3121 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-406 effective Sept. 2, 1974, see section
1034 of Pub. L. 93-406, set out as an Effective Date note under
section 6057 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable to taxable years beginning
after Dec. 31, 1969, see section 101(k)(2)(B) of Pub. L. 91-172,
set out as an Effective Date note under section 4940 of this title.
EFFECTIVE DATE OF 1965 AMENDMENTS
Amendment by Pub. L. 89-212 effective only with respect to tips
received after 1965, see section 6 of Pub. L. 89-212, set out as a
note under section 3201 of this title.
Amendment by Pub. L. 89-97 applicable only with respect to tips
received by employees after 1965, see section 313(f) of Pub. L.
89-97, set out as an Effective Date note under section 6053 of this
title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-272 applicable to group-term life
insurance provided after Dec. 31, 1963, in taxable years ending
after such date, see section 204(d) of Pub. L. 88-272, set out as
an Effective Date note under section 79 of this title.
Amendment by Pub. L. 88-272 applicable to taxable years ending
after Dec. 31, 1963, except for par. (2) of subsec. (a) which shall
apply to stock transferred pursuant to options exercised on or
after Jan. 1, 1964, see section 221(e) of Pub. L. 88-272, set out
as a note under section 421 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-834 applicable to payments of dividends
and interest made on or after Jan. 1, 1963, and to payments of
amounts described in section 6044(b) of this title made on or after
Jan. 1, 1963, with respect to patronage occurring on or after the
first day of the first taxable year of the cooperative beginning on
or after Jan. 1, 1963, see section 19(h) of Pub. L. 87-834, set out
as a note under section 6042 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-866 effective Aug. 17, 1954, see section
1(c)(2) of Pub. L. 85-866, set out as a note under section 165 of
this title.
NONENFORCEMENT OF AMENDMENT MADE BY SECTION 1151 OF PUB. L. 99-514
FOR FISCAL YEAR 1990
No monies appropriated by Pub. L. 101-136 to be used to implement
or enforce section 1151 of Pub. L. 99-514 or the amendments made by
such section, see section 528 of Pub. L. 101-136, set out as a note
under section 89 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1998
For provisions directing that if any amendments made by subtitle
D [Secs. 1401-1465] of title I of Pub. L. 104-188 require an
amendment to any plan or annuity contract, such amendment shall not
be required to be made before the first day of the first plan year
beginning on or after Jan. 1, 1998, see section 1465 of Pub. L.
104-188, set out as a note under section 401 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994
For provisions directing that if any amendments made by subtitle
B [Secs. 521-523] of title V of Pub. L. 102-318 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,
1994, see section 523 of Pub. L. 102-318, set out as a note under
section 401 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 42, 142, 219, 527, 6033,
6034, 6047, 6057, 6058 of this title.
-FOOTNOTE-
(!1) See 1993 Amendment note below.
-End-
-CITE-
26 USC Sec. 6653 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
Subchapter A - Additions to the Tax and Additional Amounts
PART I - GENERAL PROVISIONS
-HEAD-
Sec. 6653. Failure to pay stamp tax
-STATUTE-
Any person (as defined in section 6671(b)) who -
(1) willfully fails to pay any tax imposed by this title which
is payable by stamp, coupons, tickets, books, or other devices or
methods prescribed by this title or by regulations under the
authority of this title, or
(2) willfully attempts in any manner to evade or defeat any
such tax or the payment thereof,
shall, in addition to other penalties provided by law, be liable
for a penalty of 50 percent of the total amount of the underpayment
of the tax.
-SOURCE-
(Aug. 16, 1954, ch. 736, 68A Stat. 822; Pub. L. 85-866, title I,
Sec. 86, Sept. 2, 1958, 72 Stat. 1665; Pub. L. 91-172, title I,
Sec. 101(j)(50), title IX, Sec. 943(c)(6), Dec. 30, 1969, 83 Stat.
531, 729; Pub. L. 91-679, Sec. 2, Jan. 12, 1971, 84 Stat. 2063;
Pub. L. 93-406, title II, Sec. 1016(a)(18), Sept. 2, 1974, 88 Stat.
931; Pub. L. 96-223, title I, Sec. 101(f)(8), Apr. 2, 1980, 94
Stat. 253; Pub. L. 97-34, title V, Sec. 501(b), title VII, Sec.
722(b)(1), Aug. 13, 1981, 95 Stat. 326, 342; Pub. L. 97-248, title
III, Sec. 325(a), Sept. 3, 1982, 96 Stat. 616; Pub. L. 97-448,
title I, Secs. 105(a)(1)(D), 107(a)(3), Jan. 12, 1983, 96 Stat.
2384, 2391; Pub. L. 98-67, title I, Sec. 106, Aug. 5, 1983, 97
Stat. 382; Pub. L. 98-369, div. A, title I, Sec. 179(b)(3), July
18, 1984, 98 Stat. 718; Pub. L. 99-44, Sec. 1(b), May 24, 1985, 99
Stat. 77; Pub. L. 99-514, title XV, Sec. 1503(a), (b), (c)(2), (3),
(d)(1), Oct. 22, 1986, 100 Stat. 2742, 2743; Pub. L. 100-647, title
I, Sec. 1015(b)(2)(A), (B), (3), Nov. 10, 1988, 102 Stat. 3569;
Pub. L. 101-239, title VII, Sec. 7721(c)(1), Dec. 19, 1989, 103
Stat. 2399.)
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-239 substituted "Failure to pay stamp tax" for
"Additions to tax for negligence and fraud" in section catchline
and amended text generally, substituting a single par. for former
subsecs. (a) to (g).
1988 - Subsec. (a)(1). Pub. L. 100-647, Sec. 1015(b)(2)(A),
amended par. (1) generally. Prior to amendment, par. (1) read as
follows: "If any part of any underpayment (as defined in subsection
(c)) is due to negligence or disregard of rules or regulations,
there shall be added to the tax an amount equal to the sum of -
"(A) 5 percent of the underpayment, and
"(B) an amount equal to 50 percent of the interest payable
under section 6601 with respect to the portion of such
underpayment which is attributable to negligence for the period
beginning on the last date prescribed by law for payment of such
underpayment (determined without regard to any extension) and
ending on the date of the assessment of the tax (or, if earlier,
the date of the payment of the tax)."
Subsec. (b)(1). Pub. L. 100-647, Sec. 1015(b)(2)(B), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: "If
any part of any underpayment (as defined in subsection (c)) of tax
required to be shown on a return is due to fraud, there shall be
added to the tax an amount equal to the sum of -
"(A) 75 percent of the portion of the underpayment which is
attributable to fraud, and
"(B) an amount equal to 50 percent of the interest payable
under section 6601 with respect to such portion for the period
beginning on the last day prescribed by law for payment of such
underpayment (determined without regard to any extension) and
ending on the date of the assessment of the tax or, if earlier,
the date of the payment of the tax."
Subsec. (g). Pub. L. 100-647, Sec. 1015(b)(3), inserted at end
"If any penalty is imposed under subsection (a) by reason of the
preceding sentence, only the portion of the underpayment which is
attributable to the failure described in the preceding sentence
shall be taken into account in determining the amount of the
penalty under subsection (a)."
1986 - Pub. L. 99-514, Sec. 1503(d)(1), substituted "Additions to
tax for negligence and fraud" for "Failure to pay tax" in section
catchline.
Subsec. (a). Pub. L. 99-514, Sec. 1503(a), added subsec. (a) and
struck out former subsec. (a) which added percentage to tax due for
underpayment of taxes where negligence or intentional disregard of
rules and regulations with respect to income, gift, or windfall
profit taxes was involved, and also provided additional interest
penalty for portion of underpayment attributable to negligence,
etc.
Subsec. (b). Pub. L. 99-514, Sec. 1503(b), added subsec. (b) and
struck out former subsec. (b) which added percentage to tax due for
underpayment of taxes where fraud was involved, and also provided
for additional interest penalty, but stated that there would be no
negligence addition where there was addition for fraud, and
concluded with special rule for joint returns.
Subsec. (d). Pub. L. 99-514, Sec. 1503(c)(2), substituted
"portion of the underpayment which is attributable to fraud" for
"same underpayment".
Subsec. (f). Pub. L. 99-514, Sec. 1503(c)(3), struck out "or
intentional disregard of rules and regulations (but without intent
to defraud)" after "underpayment due to negligence".
Subsec. (g). Pub. L. 99-514, Sec. 1503(b), amended subsec. (g)
generally, substituting provisions relating to special rule for
amounts shown on information returns for provisions relating to
special rule in case of interest or dividend payments, and struck
out provision that penalty was to apply only to portion of
underpayment due to failure to include interest or dividend
payment.
1985 - Subsec. (h). Pub. L. 99-44 repealed Pub. L. 98-369, Sec.
179(b)(3), which added subsec. (h), and provided that the Internal
Revenue Code of 1954 [now 1986] [this title] shall be applied and
administered as if section 179(b)(3) (and the amendments made by
such section) had not been enacted. See 1984 Amendment note and
Effective Date of 1985 Amendment note below.
1984 - Subsec. (h). Pub. L. 98-369 added subsec. (h) which
provided for a special rule in the case of underpayment
attributable to failure to meet the substantiation requirements of
section 274(d) of this title. See 1985 Amendment note above.
1983 - Subsec. (a)(2)(B). Pub. L. 97-448, Sec. 107(a)(3),
inserted "(or, if earlier, the date of the payment of the tax)"
after "assessment of the tax".
Subsec. (f). Pub. L. 97-448, Sec. 105(a)(1)(D), redesignated
subsec. (g), added by Pub. L. 97-34, as (f) and substituted
"unrecognized gain" for "unrealized gain" in heading.
Subsec. (g). Pub. L. 98-67 added subsec. (g).
Pub. L. 97-448, Sec. 105(a)(1)(D), redesignated subsec. (g),
added by Pub. L. 97-34, as (f).
1982 - Subsec. (b). Pub. L. 97-248 designated first sentence of
existing provisions as par. (1) with heading "In general", struck
out second sentence which provided that in the case of income taxes
and gift taxes, the amount under this subsec. shall be in lieu of
any amount determined under subsec. (a), added pars. (2) and (3),
designated last sentence as par. (4) with heading "Special rule for
joint returns", and in par. (4) as so designated substituted "of
the spouse" for "of a spouse".
1981 - Subsec. (a). Pub. L. 97-34, Sec. 722(b)(1), designated
existing provisions as par. (1), inserted heading, struck out
"(relating to income taxes and gift taxes)", and added par. (2)
after "subtitle B".
Subsec. (g). Pub. L. 97-34, Sec. 501(b), added subsec. (g).
1980 - Subsec. (a). Pub. L. 96-223 substituted ", gift, or
windfall profit taxes" for "or gift taxes" in heading, and in text
substituted "," for "or" before "by chapter 12" and inserted ", or
by chapter 45 (relating to windfall profit tax)" before "is due to
negligence".
1974 - Subsec. (c)(1). Pub. L. 93-406 substituted "certain
excise" for "chapter 42" in heading and text.
1971 - Subsec. (b). Pub. L. 91-679 inserted sentence making
subsection inapplicable, in the case of a joint return under
section 6013 of this title, with respect to the tax of a spouse
unless some part of the underpayment is due to the fraud of such
spouse.
1969 - Subsec. (c)(1). Pub. L. 91-172, Sec. 101(j)(50), inserted
reference to chapter 42 taxes in heading and text.
Subsec. (d). Pub. L. 91-172, Sec. 943(c)(6), inserted "or pay
tax" after "such return".
1958 - Subsec. (c)(1). Pub. L. 85-866, inserted "on or" after
"such return was filed".
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 applicable to returns the due date
for which (determined without regard to extensions) is after Dec.
31, 1989, see section 7721(d) of Pub. L. 101-239, set out as a note
under section 461 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 1015(b)(2)(A), (B) of Pub. L. 100-647
applicable to returns the due date for which (determined without
regard to extensions) is after Dec. 31, 1988, see section
1015(b)(4) of Pub. L. 100-647, set out as a note under section 6013
of this title.
Amendment by section 1015(b)(3) 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.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 1503(e) of Pub. L. 99-514 provided that: "The amendments
made by this section [amending this section and section 6222 of
this title] shall apply to returns the due date for which
(determined without regard to extensions) is after December 31,
1986."
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99-44 effective as if included in the
amendments made by section 179(b) of Pub. L. 98-369, see section
6(a) of Pub. L. 99-44, set out as a note under section 274 of this
title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 applicable to taxable years beginning
after Dec. 31, 1984, see section 179(d)(2) of Pub. L. 98-369, set
out as an Effective Date note under section 280F of this title.
EFFECTIVE DATE OF 1983 AMENDMENTS
Amendment by Pub. L. 98-67 applicable with respect to payments
made after Dec. 31, 1983, see section 110(a) of Pub. L. 98-67, set
out as a note under section 31 of this title.
Amendment by Pub. L. 97-448 effective, except as otherwise
provided, as if it had been included in the provision of the
Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such
amendment relates, see section 109 of Pub. L. 97-448, set out as a
note under section 1 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 325(b) of Pub. L. 97-248 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to taxes the last day prescribed by law for payment of
which (determined without regard to any extension) is after the
date of enactment of this Act [Sept. 3, 1982]."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 501(b) of Pub. L. 97-34 applicable to
property acquired and positions established by the taxpayer after
June 23, 1981, in taxable years ending after such date, and
applicable when so elected with respect to property held on June
23, 1981, see section 508 of Pub. L. 97-34, set out as an Effective
Date note under section 1092 of this title.
Section 722(b)(2) of Pub. L. 97-34 provided that: "The amendment
made by paragraph (1) [amending this section] shall apply to taxes
the last date prescribed for payment of which is after December 31,
1981."
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,
1980, see section 101(i) of Pub. L. 96-223, set out as a note under
section 6161 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-406 applicable, except as otherwise
provided in section 1017(c) through (i) of Pub. L. 93-406, for plan
years beginning after Sept. 2, 1974, but, in the case of plans in
existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable
for plan years beginning after Dec. 31, 1975, see section 1017 of
Pub. L. 93-406, set out as an Effective Date; Transitional Rules
note under section 410 of this title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 91-679 applicable to all taxable years to
which this title applies, see section 3 of Pub. L. 91-679, set out
as a note under section 6013 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by section 101(j)(50) of Pub. L. 91-172 effective Jan.
1, 1970, see section 101(k)(1) of Pub. L. 91-172, set out as an
Effective Date note under section 4940 of this title.
Amendment by section 943(c)(6) of Pub. L. 91-172 applicable with
respect to tax returns the date prescribed by law for filing of
which is after Dec. 31, 1969, see section 943(d) of Pub. L. 91-172,
set out as a note under section 6651 of this title.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-866 effective Aug. 17, 1954, see section
1(c)(2) of Pub. L. 85-866, set out as a note under section 165 of
this title.
REPEAL OF REGULATIONS COVERING SUBSTANTIATION BY ADEQUATE
CONTEMPORANEOUS RECORDS
Regulations issued before May 24, 1985, to carry out subsec. (h)
of this section as added by section 179(b)(3) of Pub. L. 98-369 to
have no force and effect, see section 1(c) of Pub. L. 99-44, set
out as a note under section 274 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5684, 5761, 6601, 6672 of
this title.
-End-
-CITE-
26 USC Sec. 6654 01/19/04
-EXPCITE-
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND
ASSESSABLE PENALTIES
Subchapter A - Additions to the Tax and Additional Amounts
PART I - GENERAL PROVISIONS
-HEAD-
Sec. 6654. Failure by individual to pay estimated income tax
-STATUTE-
(a) Addition to the tax
Except as otherwise provided in this section, in the case of any
underpayment of estimated tax by an individual, there shall be
added to the tax under chapter 1 and the tax under chapter 2 for
the taxable year an amount determined by applying -
(1) the underpayment rate established under section 6621,
(2) to the amount of the underpayment,
(3) for the period of the underpayment.
(b) Amount of underpayment; period of underpayment
For purposes of subsection (a) -
(1) Amount
The amount of the underpayment shall be the excess of -
(A) the required installment, over
(B) the amount (if any) of the installment paid on or before
the due date for the installment.
(2) Period of underpayment
The period of the underpayment shall run from the due date for
the installment to whichever of the following dates is the
earlier -
(A) the 15th day of the 4th month following the close of the
taxable year, or
(B) with respect to any portion of the underpayment, the date
on which such portion is paid.
(3) Order of crediting payments
For purposes of paragraph (2)(B), a payment of estimated tax
shall be credited against unpaid required installments in the
order in which such installments are required to be paid.
(c) Number of required installments; due dates
For purposes of this section -
(1) Payable in 4 installments
There shall be 4 required installments for each taxable year.
(2) Time for payment of installments
In the case of the following The due date is:
required installments:
--------------------------------------------------------------------
1st April 15
2nd June 15
3rd September 15
4th January 15 of the
following taxable year.
--------------------------------------------------------------------
(d) Amount of required installments
For purposes of this section -
(1) Amount
(A) In general
Except as provided in paragraph (2), the amount of any
required installment shall be 25 percent of the required annual
payment.
(B) Required annual payment
For purposes of subparagraph (A), the term "required annual
payment" means the lesser of -
(i) 90 percent of the tax shown on the return for the
taxable year (or, if no return is filed, 90 percent of the
tax for such year), or
(ii) 100 percent of the tax shown on the return of the
individual for the preceding taxable year.
Clause (ii) shall not apply if the preceding taxable year was
not a taxable year of 12 months or if the individual did not
file a return for such preceding taxable year.
(C) Limitation on use of preceding year's tax
(i) In general
If the adjusted gross income shown on the return of the
individual for the preceding taxable year beginning in any
calendar year exceeds $150,000, clause (ii) of subparagraph
(B) shall be applied by substituting the applicable
percentage for "100 percent". For purposes of the preceding
sentence, the applicable percentage shall be determined in
accordance with the following table:
The
If the preceding taxable applicable
year begins in: percentage is:
1998 105
1999 108.6
2000 110
2001 112
2002 or thereafter 110.
This clause shall not apply in the case of a preceding
taxable year beginning in calendar year 1997.
(ii) Separate returns
In the case of a married individual (within the meaning of
section 7703) who files a separate return for the taxable
year for which the amount of the installment is being
determined, clause (i) shall be applied by substituting
"$75,000" for "$150,000".
(iii) Special rule
In the case of an estate or trust, adjusted gross income
shall be determined as provided in section 67(e).
(2) Lower required installment where annualized income
installment is less than amount determined under paragraph (1)
(A) In general
In the case of any required installment, if the individual
establishes that the annualized income installment is less than
the amount determined under paragraph (1) -
(i) the amount of such required installment shall be the
annualized income installment, and
(ii) any reduction in a required installment resulting from
the application of this subparagraph shall be recaptured by
increasing the amount of the next required installment
determined under paragraph (1) by the amount of such
reduction (and by increasing subsequent required installments
to the extent that the reduction has not previously been
recaptured under this clause).
(B) Determination of annualized income installment
In the case of any required installment, the annualized
income installment is the excess (if any) of -
(i) an amount equal to the applicable percentage of the tax
for the taxable year computed by placing on an annualized
basis the taxable income, alternative minimum taxable income,
and adjusted self-employment income for months in the taxable
year ending before the due date for the installment, over
(ii) the aggregate amount of any prior required
installments for the taxable year.
(C) Special rules
For purposes of this paragraph -
(i) Annualization
The taxable income, alternative minimum taxable income, and
adjusted self-employment income shall be placed on an
annualized basis under regulations prescribed by the
Secretary.
(ii) Applicable percentage
In the case of the following The applicable
required installments: percentage is:
1st 22.5
2nd 45
3rd 67.5
4th 90.
(iii) Adjusted self-employment income
The term "adjusted self-employment income" means
self-employment income (as defined in section 1402(b));
except that section 1402(b) shall be applied by placing wages
(within the meaning of section 1402(b)) for months in the
taxable year ending before the due date for the installment
on an annualized basis consistent with clause (i).
(D) Treatment of subpart F and section 936 income
(i) In general
Any amounts required to be included in gross income under
section 936(h) or 951(a) (and credits properly allocable
thereto) shall be taken into account in computing any
annualized income installment under subparagraph (B) in a
manner similar to the manner under which partnership income
inclusions (and credits properly allocable thereto) are taken
into account.
(ii) Prior year safe harbor
If a taxpayer elects to have this clause apply to any
taxable year -
(I) clause (i) shall not apply, and
(II) for purposes of computing any annualized income
installment for such taxable year, the taxpayer shall be
treated as having received ratably during such taxable year
items of income and credit described in clause (i) in an
amount equal to the amount of such items shown on the
return of the taxpayer for the preceding taxable year (the
second preceding taxable year in the case of the first and
second required installments for such taxable year).
(e) Exceptions
(1) Where tax is small amount
No addition to tax shall be imposed under subsection (a) for
any taxable year if the tax shown on the return for such taxable
year (or, if no return is filed, the tax), reduced by the credit
allowable under section 31, is less than $1,000.
(2) Where no tax liability for preceding taxable year
No addition to tax shall be imposed under subsection (a) for
any taxable year if -
(A) the preceding taxable year was a taxable year of 12
months,
(B) the individual did not have any liability for tax for the
preceding taxable year, and
(C) the individual was a citizen or resident of the United
States throughout the preceding taxable year.
(3) Waiver in certain cases
(A) In general
No addition to tax shall be imposed under subsection (a) with
respect to any underpayment to the extent the Secretary
determines that by reason of casualty, disaster, or other
unusual circumstances the imposition of such addition to tax
would be against equity and good conscience.
(B) Newly retired or disabled individuals
No addition to tax shall be imposed under subsection (a) with
respect to any underpayment if the Secretary determines that -
(i) the taxpayer -
(I) retired after having attained age 62, or
(II) became disabled,
in the taxable year for which estimated payments were
required to be made or in the taxable year preceding such
taxable year, and
(ii) such underpayment was due to reasonable cause and not
to willful neglect.
(f) Tax computed after application of credits against tax
For purposes of this section, the term "tax" means -
(1) the tax imposed by chapter 1 (other than any increase in
such tax by reason of section 143(m)), plus
(2) the tax imposed by chapter 2, minus
(3) the credits against tax provided by part IV of subchapter A
of chapter 1, other than the credit against tax provided by
section 31 (relating to tax withheld on wages).
(g) Application of section in case of tax withheld on wages
(1) In general
For purposes of applying this section, the amount of the credit
allowed under section 31 for the taxable year shall be deemed a
payment of estimated tax, and an equal part of such amount shall
be deemed paid on each due date for such taxable year, unless the
taxpayer establishes the dates on which all amounts were actually
withheld, in which case the amounts so withheld shall be deemed
payments of estimated tax on the dates on which such amounts were
actually withheld.
(2) Separate application
The taxpayer may apply paragraph (1) separately with respect to
-
(A) wage withholding, and
(B) all other amounts withheld for which credit is allowed
under section 31.
(h) Special rule where return filed on or before January 31
If, on or before January 31 of the following taxable year, the
taxpayer files a return for the taxable year and pays in full the
amount computed on the return as payable, then no addition to tax
shall be imposed under subsection (a) with respect to any
underpayment of the 4th required installment for the taxable year.
(i) Special rules for farmers and fishermen
For purposes of this section -
(1) In general
If an individual is a farmer or fisherman for any taxable year
-
(A) there shall be only 1 required installment for the
taxable year,
(B) the due date for such installment shall be January 15 of
the following taxable year,
(C) the amount of such installment shall be equal to the
required annual payment determined under subsection (d)(1)(B)
by substituting "66 2/3 percent" for "90 percent" and without
regard to subparagraph (C) of subsection (d)(1), and
(D) subsection (h) shall be applied -
(i) by substituting "March 1" for "January 31", and
(ii) by treating the required installment described in
subparagraph (A) of this paragraph as the 4th required
installment.
(2) Farmer or fisherman defined
An individual is a farmer or fisherman for any taxable year if
-
(A) the individual's gross income from farming or fishing
(including oyster farming) for the taxable year is at least 66
2/3 percent of the total gross income from all sources for the
taxable year, or
(B) such individual's gross income from farming or fishing
(including oyster farming) shown on the return of the
individual for the preceding taxable year is at least 66 2/3
percent of the total gross income from all sources shown on
such return.
(j) Special rules for nonresident aliens
In the case of a nonresident alien described in section 6072(c):
(1) Payable in 3 installments
There shall be 3 required installments for the taxable year.
(2) Time for payment of installments
The due dates for required installments under this subsection
shall be determined under the following table:
In the case of the following The due date is:
required installments:
--------------------------------------------------------------------
1st June 15
2nd September 15
3rd January 15 of the
following taxable year.
--------------------------------------------------------------------
(3) Amount of required installments
(A) First required installment
In the case of the first required installment, subsection (d)
shall be applied by substituting " |
