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Subtitle FProcedure and Administration
How Current is This?
CHAPTER 61INFORMATION AND RETURNS ( 60016116) CHAPTER 62TIME AND PLACE FOR PAYING TAX ( 61516167) CHAPTER 63ASSESSMENT ( 62016255) CHAPTER 64COLLECTION ( 63016361_to_6365) CHAPTER 65ABATEMENTS, CREDITS, AND REFUNDS ( 64016432) CHAPTER 66LIMITATIONS ( 65016533) CHAPTER 67INTEREST ( 66016631)
CHAPTER 68ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE PENALTIES ( 66516751) CHAPTER 69GENERAL PROVISIONS RELATING TO STAMPS ( 6801 6808) CHAPTER 70JEOPARDY, RECEIVERSHIPS, ETC. ( 68516873) CHAPTER 71TRANSFEREES AND FIDUCIARIES ( 69016905) CHAPTER 72LICENSING AND REGISTRATION ( 70017012) CHAPTER 73BONDS ( 71017103) CHAPTER 74CLOSING AGREEMENTS AND COMPROMISES ( 71217124)
CHAPTER 75CRIMES, OTHER OFFENSES, AND FORFEITURES ( 7201 7344) CHAPTER 76JUDICIAL PROCEEDINGS ( 74017491) CHAPTER 77MISCELLANEOUS PROVISIONS ( 75017528)
CHAPTER 78DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE ( 76017655) CHAPTER 79DEFINITIONS ( 77017704) CHAPTER 80GENERAL RULES ( 78017874)
CHAPTER 61INFORMATION AND RETURNS

Subchapter AReturns and Records ( 60016096) Subchapter BMiscellaneous Provisions ( 61016116)
Subchapter AReturns and Records

PART IRECORDS, STATEMENTS, AND SPECIAL RETURNS ( 6001) PART IITAX RETURNS OR STATEMENTS ( 60116021) PART IIIINFORMATION RETURNS ( 60316060)
PART IVSIGNING AND VERIFYING OF RETURNS AND OTHER DOCUMENTS ( 60616065) PART VTIME FOR FILING RETURNS AND OTHER DOCUMENTS ( 6071 6076) PART VIEXTENSION OF TIME FOR FILING RETURNS ( 6081) PART VIIPLACE FOR FILING RETURNS OR OTHER DOCUMENTS ( 6091)
PART VIIIDESIGNATION OF INCOME TAX PAYMENTS TO PRESIDENTIAL ELECTION CAMPAIGN FUND ( 6096)
PART IRECORDS, STATEMENTS, AND SPECIAL RETURNS

6001. Notice or regulations requiring records, statements, and special returns
6001. Notice or regulations requiring records, statements, and special returns

Every person liable for any tax imposed by this title, or for the collection thereof, shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary may from time to time prescribe. Whenever in the judgment of the Secretary it is necessary, he may require any person, by notice served upon such person or by regulations, to make such returns, render such statements, or keep such records, as the Secretary deems sufficient to show whether or not such person is liable for tax under this title. The only records which an employer shall be required to keep under this section in connection with charged tips shall be charge receipts, records necessary to comply with section 6053 (c), and copies of statements furnished by employees under section 6053 (a).
PART IITAX RETURNS OR STATEMENTS

Subpart AGeneral Requirement ( 6011)
Subpart BIncome Tax Returns ( 60126017A)
Subpart CReturns Relating to Transfers During Life or at Death ( 6018 6019) Subpart DMiscellaneous Provisions ( 60206021)
Subpart AGeneral Requirement

6011. General requirement of return, statement, or list
6011. General requirement of return, statement, or list

(a) General rule When required by regulations prescribed by the Secretary any person made liable for any tax imposed by this title, or with respect to the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Secretary. Every person required to make a return or statement shall include therein the information required by such forms or regulations. (b) Identification of taxpayer The Secretary is authorized to require such information with respect to persons subject to the taxes imposed by chapter 21 or chapter 24 as is necessary or helpful in securing proper identification of such persons. (c) Returns, etc., of DISCS and former DISCS and former FSCs (1) Records and information A DISC, former DISC, or former FSC (as defined in section 922 as in effect before its repeal by the FSC Repeal and Extraterritorial Income Exclusion Act of 2000) shall for the taxable year (A) furnish such information to persons who were shareholders at any time during such taxable year, and to the Secretary, and (B) keep such records, as may be required by regulations prescribed by the Secretary. (2) Returns A DISC shall file for the taxable year such returns as may be prescribed by the Secretary by forms or regulations. (d) Authority to require information concerning section 912 allowances The Secretary may by regulations require any individual who receives allowances which are excluded from gross income under section 912 for any taxable year to include on his return of the taxes imposed by subtitle A for such taxable year such information with respect to the amount and type of such allowances as the Secretary determines to be appropriate. (e) Regulations requiring returns on magnetic media, etc. (1) In general The Secretary shall prescribe regulations providing standards for determining which returns must be filed on magnetic media or in other machine-readable form. Except as provided in paragraph (3), the Secretary may not require returns of any tax imposed by subtitle A on individuals, estates, and trusts to be other than on paper forms supplied by the Secretary. (2) Requirements of regulations In prescribing regulations under paragraph (1), the Secretary (A) shall not require any person to file returns on magnetic media unless such person is required to file at least 250 returns during the calendar year, and
(B) shall take into account (among other relevant factors) the ability of the taxpayer to comply at reasonable cost with the requirements of such regulations. Notwithstanding the preceding sentence, the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media. (3) Special rule for tax return preparers (A) In general The Secretary shall require than [1] any individual income tax return prepared by a tax return preparer be filed on magnetic media if (i) such return is filed by such tax return preparer, and (ii) such tax return preparer is a specified tax return preparer for the calendar year during which such return is filed. (B) Specified tax return preparer For purposes of this paragraph, the term specified tax return preparer means, with respect to any calendar year, any tax return preparer unless such preparer reasonably expects to file 10 or fewer individual income tax returns during such calendar year. (C) Individual income tax return For purposes of this paragraph, the term individual income tax return means any return of the tax imposed by subtitle A on individuals, estates, or trusts. (f) Promotion of electronic filing (1) In general The Secretary is authorized to promote the benefits of and encourage the use of electronic tax administration programs, as they become available, through the use of mass communications and other means. (2) Incentives The Secretary may implement procedures to provide for the payment of appropriate incentives for electronically filed returns. (g) Disclosure of reportable transaction to tax-exempt entity Any taxable party to a prohibited tax shelter transaction (as defined in section4965 (e)(1)) shall by statement disclose to any tax-exempt entity (as defined in section 4965 (c)) which is a party to such transaction that such transaction is such a prohibited tax shelter transaction. (h) Income, estate, and gift taxes For requirement that returns of income, estate, and gift taxes be made whether or not there is tax liability, see subparts B and C.
[1] So in original. Probably should be that.
Subpart BIncome Tax Returns

6012. Persons required to make returns of income 6013. Joint returns of income tax by husband and wife 6014. Income tax returntax not computed by taxpayer 6015. Relief from joint and several liability on joint return [ 6016. Repealed.] 6017. Self-employment tax returns [ 6017A. Repealed.]
6012. Persons required to make returns of income

(a) General rule Returns with respect to income taxes under subtitle A shall be made by the following: (1) (A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount, except that a return shall not be required of an individual (i) who is not married (determined by applying section 7703), is not a surviving spouse (as defined in section 2 (a)), is not a head of a household (as defined in section 2 (b)), and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, (ii) who is a head of a household (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, (iii) who is a surviving spouse (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, or (iv) who is entitled to make a joint return and whose gross income, when combined with the gross income of his spouse, is, for the taxable year, less than the sum of twice the exemption amount plus the basic standard deduction applicable to a joint return, but only if such individual and his spouse, at the close of the taxable year, had the same household as their home. Clause (iv) shall not apply if for the taxable year such spouse makes a separate return or any other taxpayer is entitled to an exemption for such spouse under section 151 (c). (B) The amount specified in clause (i), (ii), or (iii) of subparagraph (A) shall be increased by the amount of 1 additional standard deduction (within the meaning of section 63 (c)(3)) in the case of an individual entitled to such deduction by reason of section 63 (f)(1)(A) (relating to individuals age 65 or more), and the amount specified in clause (iv) of subparagraph (A) shall be increased by the amount of the additional standard deduction for each additional standard deduction to which the individual or his spouse is entitled by reason of section 63 (f) (1). (C) The exception under subparagraph (A) shall not apply to any individual (i) who is described in section 63 (c)(5) and who has (I) income (other than earned income) in excess of the sum of the amount in effect under section 63 (c)(5)(A) plus the additional standard deduction (if any) to which the individual is entitled, or (II) total gross income in excess of the standard deduction, or (ii) for whom the standard deduction is zero under section 63 (c)(6). (D) For purposes of this subsection (i) The terms standard deduction, basic standard deduction and additional standard deduction have the respective meanings given such terms by section 63 (c). (ii) The term exemption amount has the meaning given such term by section 151 (d). In the case of an individual described in section 151 (d)(2), the exemption amount shall be zero. (2) Every corporation subject to taxation under subtitle A; (3) Every estate the gross income of which for the taxable year is $600 or more; (4) Every trust having for the taxable year any taxable income, or having gross income of $600 or over, regardless of the amount of taxable income; (5) Every estate or trust of which any beneficiary is a nonresident alien; (6) Every political organization (within the meaning of section 527 (e)(1)), and every fund treated under section 527 (g) as if it constituted a political organization, which has political organization taxable income (within the meaning of section 527 (c)(1)) for the taxable year; and [1]
(7) Every homeowners association (within the meaning of section 528 (c)(1)) which has homeowners association taxable income (within the meaning of section 528 (d)) for the taxable year.[1] (8) Every individual who receives payments during the calendar year in which the taxable year begins under section 3507 (relating to advance payment of earned income credit).[1] (9) Every estate of an individual under chapter 7 or 11 of title 11 of the United States Code (relating to bankruptcy) the gross income of which for the taxable year is not less than the sum of the exemption amount plus the basic standard deduction under section 63 (c)(2)(D). [1] [2] , except that subject to such conditions, limitations, and exceptions and under such regulations as may be prescribed by the Secretary, nonresident alien individuals subject to the tax imposed by section 871 and foreign corporations subject to the tax imposed by section 881 may be exempted from the requirement of making returns under this section. (b) Returns made by fiduciaries and receivers (1) Returns of decedents If an individual is deceased, the return of such individual required under subsection (a) shall be made by his executor, administrator, or other person charged with the property of such decedent. (2) Persons under a disability If an individual is unable to make a return required under subsection (a), the return of such individual shall be made by a duly authorized agent, his committee, guardian, fiduciary or other person charged with the care of the person or property of such individual. The preceding sentence shall not apply in the case of a receiver appointed by authority of law in possession of only a part of the property of an individual. (3) Receivers, trustees and assignees for corporations In a case where a receiver, trustee in a case under title 11 of the United States Code, or assignee, by order of a court of competent jurisdiction, by operation of law or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the return of income for such corporation in the same manner and form as corporations are required to make such returns. (4) Returns of estates and trusts Returns of an estate, a trust, or an estate of an individual under chapter 7 or 11 of title 11 of the United States Code shall be made by the fiduciary thereof. (5) Joint fiduciaries Under such regulations as the Secretary may prescribe, a return made by one of two or more joint fiduciaries shall be sufficient compliance with the requirements of this section. A return made pursuant to this paragraph shall contain a statement that the fiduciary has sufficient knowledge of the affairs of the person for whom the return is made to enable him to make the return, and that the return is, to the best of his knowledge and belief, true and correct. (6) IRA share of partnership income In the case of a trust which is exempt from taxation under section 408(e), for purposes of this section, the trusts distributive share of items of gross income and gain of any partnership to which subchapter C or D of chapter 63 applies shall be treated as equal to the trusts distributive share of the taxable income of such partnership. (c) Certain income earned abroad or from sale of residence For purposes of this section, gross income shall be computed without regard to the exclusion provided for in section 121 (relating to gain from sale of principal residence) and without regard to the exclusion provided for in section 911 (relating to citizens or residents of the United States living abroad). (d) Tax-exempt interest required to be shown on return Every person required to file a return under this section for the taxable year shall include on such return the amount of interest received or accrued during the taxable year which is exempt from the tax imposed by chapter 1. (e) Consolidated returns For provisions relating to consolidated returns by affiliated corporations, see chapter 6.
[1] So in original. [2] See References in Text note below.
6013. Joint returns of income tax by husband and wife

(a) Joint returns A husband and wife may make a single return jointly of income taxes under subtitle A, even though one of the spouses has neither gross income nor deductions, except as provided below: (1) no joint return shall be made if either the husband or wife at any time during the taxable year is a nonresident alien; (2) no joint return shall be made if the husband and wife have different taxable years; except that if such taxable years begin on the same day and end on different days because of the death of either or both, then the joint return may be made with respect to the taxable year of each. The above exception shall not apply if the surviving spouse remarries before the close of his taxable year, nor if the taxable year of either spouse is a fractional part of a year under section 443 (a)(1); (3) in the case of death of one spouse or both spouses the joint return with respect to the decedent may be made only by his executor or administrator; except that in the case of the death of one spouse the joint return may be made by the surviving spouse with respect to both himself and the decedent if no return for the taxable year has been made by the decedent, no executor or administrator has been appointed, and no executor or administrator is appointed before the last day prescribed by law for filing the return of the surviving spouse. If an executor or administrator of the decedent is appointed after the making of the joint return by the surviving spouse, the executor or administrator may disaffirm such joint return by making, within 1 year after the last day prescribed by law for filing the return of the surviving spouse, a separate return for the taxable year of the decedent with respect to which the joint return was made, in which case the return made by the survivor shall constitute his separate return. (b) Joint return after filing separate return (1) In general Except as provided in paragraph (2), if an individual has filed a separate return for a taxable year for which a joint return could have been made by him and his spouse under subsection (a) and the time prescribed by law for filing the return for such taxable year has expired, such individual and his spouse may nevertheless make a joint return for such taxable year. A joint return filed by the husband and wife under this subsection shall constitute the return of the husband and wife for such taxable year, and all payments, credits, refunds, or other repayments made or allowed with respect to the separate return of either spouse for such taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is made under this subsection, any election (other than the election to file a separate return) made by either spouse in his separate return for such taxable year with respect to the treatment of any income, deduction, or credit of such spouse shall not be changed in the making of the joint return where such election would have been irrevocable if the joint return had not been made. If a joint return is made under this subsection after the death of either spouse, such return with respect to the decedent can be made only by his executor or administrator. (2) Limitations for making of election The election provided for in paragraph (1) may not be made
(A) after the expiration of 3 years from the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse); or (B) after there has been mailed to either spouse, with respect to such taxable year, a notice of deficiency under section 6212, if the spouse, as to such notice, files a petition with the Tax Court within the time prescribed in section 6213; or (C) after either spouse has commenced a suit in any court for the recovery of any part of the tax for such taxable year; or (D) after either spouse has entered into a closing agreement under section 7121 with respect to such taxable year, or after any civil or criminal case arising against either spouse with respect to such taxable year has been compromised under section 7122. (3) When return deemed filed (A) Assessment and collection For purposes of section 6501 (relating to periods of limitations on assessment and collection), and for purposes of section 6651(relating to delinquent returns), a joint return made under this subsection shall be deemed to have been filed (i) Where both spouses filed separate returns prior to making the joint returnon the date the last separate return was filed (but not earlier than the last date prescribed by law for filing the return of either spouse); (ii) Where only one spouse filed a separate return prior to the making of the joint return, and the other spouse had less than the exemption amount of gross income for such taxable year on the date of the filing of such separate return (but not earlier than the last date prescribed by law for the filing of such separate return); or (iii) Where only one spouse filed a separate return prior to the making of the joint return, and the other spouse had gross income of the exemption amount or more for such taxable yearon the date of the filing of such joint return. For purposes of this subparagraph, the term exemption amount has the meaning given to such term by section 151 (d). For purposes of clauses (ii) and (iii), if the spouse whose gross income is being compared to the exemption amount is 65 or over, such clauses shall be applied by substituting the sum of the exemption amount and the additional standard deduction under section 63 (c)(2) by reason of section 63 (f)(1)(A) for the exemption amount. (B) Credit or refund For purposes of section 6511, a joint return made under this subsection shall be deemed to have been filed on the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse). (4) Additional time for assessment If a joint return is made under this subsection, the periods of limitations provided in sections 6501 and 6502 on the making of assessments and the beginning of levy or a proceeding in court for collection shall with respect to such return include one year immediately after the date of the filing of such joint return (computed without regard to the provisions of paragraph (3)). (5) Additions to the tax and penalties (A) Coordination with part II of subchapter A of chapter 68 For purposes of part II of subchapter A of chapter 68, where the sum of the amounts shown as tax on the separate returns of each spouse is less than the amount shown as tax on the joint return made under this subsection (i) such sum shall be treated as the amount shown on the joint return, (ii) any negligence (or disregard of rules or regulations) on either separate return shall be treated as negligence (or such disregard) on the joint return, and (iii) any fraud on either separate return shall be treated as fraud on the joint return. (B) Criminal penalty For purposes of section 7206 (1) and (2) and section 7207 (relating to criminal penalties in the case of fraudulent returns) the term return includes a separate return filed by a spouse with respect to a taxable year for which a joint return is made under this subsection after the filing of such separate return. (c) Treatment of joint return after death of either spouse
For purposes of sections 15, 443, and 7851 (a)(1)(A), where the husband and wife have different taxable years because of the death of either spouse, the joint return shall be treated as if the taxable years of both spouses ended on the date of the closing of the surviving spouses taxable year. (d) Special rules For purposes of this section (1) the status as husband and wife of two individuals having taxable years beginning on the same day shall be determined (A) if both have the same taxable yearas of the close of such year; or (B) if one dies before the close of the taxable year of the otheras of the time of such death; (2) an individual who is legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married; and (3) if a joint return is made, the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several. [(e) Repealed. Pub. L. 105206, title III, 3201(e)(1), July 22, 1998, 112 Stat. 740] (f) Joint return where individual is in missing status For purposes of this section and subtitle A (1) Election by spouse If (A) an individual is in a missing status (within the meaning of paragraph (3)) as a result of service in a combat zone (as determined for purposes of section 112), and (B) the spouse of such individual is otherwise entitled to file a joint return for any taxable year which begins on or before the day which is 2 years after the date designated under section 112 as the date of termination of combatant activities in such zone, then such spouse may elect under subsection (a) to file a joint return for such taxable year. With respect to service in the combat zone designated for purposes of the Vietnam conflict, such election may be made for any taxable year while an individual is in missing status. (2) Effect of election If the spouse of an individual described in paragraph (1)(A) elects to file a joint return under subsection (a) for a taxable year, then, until such election is revoked (A) such election shall be valid even if such individual died before the beginning of such year, and (B) except for purposes of section 692 (relating to income taxes of members of the Armed Forces, astronauts, and victims of certain terrorist attacks on death), the income tax liability of such individual, his spouse, and his estate shall be determined as if he were alive throughout the taxable year. (3) Missing status For purposes of this subsection (A) Uniformed services A member of a uniformed service (within the meaning of section 101(3) of title 37 of the United States Code) is in a missing status for any period for which he is entitled to pay and allowances under section 552 of such title 37. (B) Civilian employees An employee (within the meaning of section 5561 (2) of title 5 of the United States Code) is in a missing status for any period for which he is entitled to pay and allowances under section 5562 of such title 5. (4) Making of election; revocation An election described in this subsection with respect to any taxable year may be made by filing a joint return in accordance with subsection (a) and under such regulations as may be prescribed by the Secretary. Such an election may be revoked by either spouse on or before the due date (including extensions) for such taxable year, and, in the case of an executor or administrator, may be revoked by disaffirming as provided in the last sentence of subsection (a)(3). (g) Election to treat nonresident alien individual as resident of the United States (1) In general
A nonresident alien individual with respect to whom this subsection is in effect for the taxable year shall be treated as a resident of the United States (A) for purposes of chapter 1 for all of such taxable year, and (B) for purposes of chapter 24 (relating to wage withholding) for payments of wages made during such taxable year. (2) Individuals with respect to whom this subsection is in effect This subsection shall be in effect with respect to any individual who, at the close of the taxable year for which an election under this subsection was made, was a nonresident alien individual married to a citizen or resident of the United States, if both of them made such election to have the benefits of this subsection apply to them. (3) Duration of election An election under this subsection shall apply to the taxable year for which made and to all subsequent taxable years until terminated under paragraph (4) or (5); except that any such election shall not apply for any taxable year if neither spouse is a citizen or resident of the United States at any time during such year. (4) Termination of election An election under this subsection shall terminate at the earliest of the following times: (A) Revocation by taxpayers If either taxpayer revokes the election, as of the first taxable year for which the last day prescribed by law for filing the return of tax under chapter 1 has not yet occurred. (B) Death In the case of the death of either spouse, as of the beginning of the first taxable year of the spouse who survives following the taxable year in which such death occurred; except that if the spouse who survives is a citizen or resident of the United States who is a surviving spouse entitled to the benefits of section 2, the time provided by this subparagraph shall be as of the close of the last taxable year for which such individual is entitled to the benefits of section 2. (C) Legal separation In the case of the legal separation of the couple under a decree of divorce or of separate maintenance, as of the beginning of the taxable year in which such legal separation occurs. (D) Termination by Secretary At the time provided in paragraph (5). (5) Termination by Secretary The Secretary may terminate any election under this subsection for any taxable year if he determines that either spouse has failed (A) to keep such books and records, (B) to grant such access to such books and records, or (C) to supply such other information, as may be reasonably necessary to ascertain the amount of liability for taxes under chapter 1 of either spouse for such taxable year. (6) Only one election If any election under this subsection for any two individuals is terminated under paragraph (4) or (5) for any taxable year, such two individuals shall be ineligible to make an election under this subsection for any subsequent taxable year. (h) Joint return, etc., for year in which nonresident alien becomes resident of United States (1) In general If (A) any individual is a nonresident alien individual at the beginning of any taxable year but is a resident of the United States at the close of such taxable year, (B) at the close of such taxable year, such individual is married to a citizen or resident of the United States, and (C) both individuals elect the benefits of this subsection at the time and in the manner prescribed by the Secretary by regulation, then the individual referred to in subparagraph (A) shall be treated as a resident of the United States for purposes of chapter 1 for all of such taxable year, and for purposes of chapter 24 (relating to wage withholding) for payments of wages made during such taxable year.
(2) Only one election If any election under this subsection applies for any 2 individuals for any taxable year, such 2 individuals shall be ineligible to make an election under this subsection for any subsequent taxable year.
6014. Income tax returntax not computed by taxpayer

(a) Election by taxpayer An individual who does not itemize his deductions and who is not described in section 6012 (a)(1)(C)(i), whose gross income is less than $10,000 and includes no income other than remuneration for services performed by him as an employee, dividends or interest, and whose gross income other than wages, as defined in section 3401 (a), does not exceed $100, shall at his election not be required to show on the return the tax imposed by section 1. Such election shall be made by using the form prescribed for purposes of this section. In such case the tax shall be computed by the Secretary who shall mail to the taxpayer a notice stating the amount determined as payable. (b) Regulations The Secretary shall prescribe regulations for carrying out this section, and such regulations may provide for the application of the rules of this section (1) to cases where the gross income includes items other than those enumerated by subsection (a), (2) to cases where the gross income from sources other than wages on which the tax has been withheld at the source is more than $100, (3) to cases where the gross income is $10,000 or more, or (4) to cases where the taxpayer itemizes his deductions or where the taxpayer claims a reduced standard deduction by reason of section 63 (c)(5). Such regulations shall provide for the application of this section in the case of husband and wife, including provisions determining when a joint return under this section may be permitted or required, whether the liability shall be joint and several, and whether one spouse may make return under this section and the other without regard to this section.
6015. Relief from joint and several liability on joint return

(a) In general Notwithstanding section 6013 (d)(3) (1) an individual who has made a joint return may elect to seek relief under the procedures prescribed under subsection (b); and (2) if such individual is eligible to elect the application of subsection (c), such individual may, in addition to any election under paragraph (1), elect to limit such individuals liability for any deficiency with respect to such joint return in the manner prescribed under subsection (c). Any determination under this section shall be made without regard to community property laws. (b) Procedures for relief from liability applicable to all joint filers (1) In general Under procedures prescribed by the Secretary, if (A) a joint return has been made for a taxable year; (B) on such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return;
(C) the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; (D) taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) the other individual elects (in such form as the Secretary may prescribe) the benefits of this subsection not later than the date which is 2 years after the date the Secretary has begun collection activities with respect to the individual making the election, then the other individual shall be relieved of liability for tax (including interest, penalties, and other amounts) for such taxable year to the extent such liability is attributable to such understatement. (2) Apportionment of relief If an individual who, but for paragraph (1)(C), would be relieved of liability under paragraph (1), establishes that in signing the return such individual did not know, and had no reason to know, the extent of such understatement, then such individual shall be relieved of liability for tax (including interest, penalties, and other amounts) for such taxable year to the extent that such liability is attributable to the portion of such understatement of which such individual did not know and had no reason to know. (3) Understatement For purposes of this subsection, the term understatement has the meaning given to such term by section 6662 (d)(2)(A). (c) Procedures to limit liability for taxpayers no longer married or taxpayers legally separated or not living together (1) In general Except as provided in this subsection, if an individual who has made a joint return for any taxable year elects the application of this subsection, the individuals liability for any deficiency which is assessed with respect to the return shall not exceed the portion of such deficiency properly allocable to the individual under subsection (d). (2) Burden of proof Except as provided in subparagraph (A)(ii) or (C) of paragraph (3), each individual who elects the application of this subsection shall have the burden of proof with respect to establishing the portion of any deficiency allocable to such individual. (3) Election (A) Individuals eligible to make election (i) In general An individual shall only be eligible to elect the application of this subsection if (I) at the time such election is filed, such individual is no longer married to, or is legally separated from, the individual with whom such individual filed the joint return to which the election relates; or (II) such individual was not a member of the same household as the individual with whom such joint return was filed at any time during the 12-month period ending on the date such election is filed. (ii) Certain taxpayers ineligible to elect If the Secretary demonstrates that assets were transferred between individuals filing a joint return as part of a fraudulent scheme by such individuals, an election under this subsection by either individual shall be invalid (and section 6013 (d)(3) shall apply to the joint return). (B) Time for election An election under this subsection for any taxable year may be made at any time after a deficiency for such year is asserted but not later than 2 years after the date on which the Secretary has begun collection activities with respect to the individual making the election. (C) Election not valid with respect to certain deficiencies If the Secretary demonstrates that an individual making an election under this subsection had actual knowledge, at the time such individual signed the return, of any item giving rise to a deficiency (or portion thereof) which is not allocable to such individual under subsection (d), such election shall not apply to such deficiency (or portion). This subparagraph shall not apply where the individual with actual knowledge establishes that such individual signed the return under duress. (4) Liability increased by reason of transfers of property to avoid tax (A) In general
Notwithstanding any other provision of this subsection, the portion of the deficiency for which the individual electing the application of this subsection is liable (without regard to this paragraph) shall be increased by the value of any disqualified asset transferred to the individual. (B) Disqualified asset For purposes of this paragraph (i) In general The term disqualified asset means any property or right to property transferred to an individual making the election under this subsection with respect to a joint return by the other individual filing such joint return if the principal purpose of the transfer was the avoidance of tax or payment of tax. (ii) Presumption (I) In general For purposes of clause (i), except as provided in subclause (II), any transfer which is made after the date which is 1 year before the date on which the first letter of proposed deficiency which allows the taxpayer an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent shall be presumed to have as its principal purpose the avoidance of tax or payment of tax. (II) Exceptions Subclause (I) shall not apply to any transfer pursuant to a decree of divorce or separate maintenance or a written instrument incident to such a decree or to any transfer which an individual establishes did not have as its principal purpose the avoidance of tax or payment of tax. (d) Allocation of deficiency For purposes of subsection (c) (1) In general The portion of any deficiency on a joint return allocated to an individual shall be the amount which bears the same ratio to such deficiency as the net amount of items taken into account in computing the deficiency and allocable to the individual under paragraph (3) bears to the net amount of all items taken into account in computing the deficiency. (2) Separate treatment of certain items If a deficiency (or portion thereof) is attributable to (A) the disallowance of a credit; or (B) any tax (other than tax imposed by section 1 or 55) required to be included with the joint return; and such item is allocated to one individual under paragraph (3), such deficiency (or portion) shall be allocated to such individual. Any such item shall not be taken into account under paragraph (1). (3) Allocation of items giving rise to the deficiency For purposes of this subsection (A) In general Except as provided in paragraphs (4) and (5), any item giving rise to a deficiency on a joint return shall be allocated to individuals filing the return in the same manner as it would have been allocated if the individuals had filed separate returns for the taxable year. (B) Exception where other spouse benefits Under rules prescribed by the Secretary, an item otherwise allocable to an individual under subparagraph (A) shall be allocated to the other individual filing the joint return to the extent the item gave rise to a tax benefit on the joint return to the other individual. (C) Exception for fraud The Secretary may provide for an allocation of any item in a manner not prescribed by subparagraph (A) if the Secretary establishes that such allocation is appropriate due to fraud of one or both individuals. (4) Limitations on separate returns disregarded If an item of deduction or credit is disallowed in its entirety solely because a separate return is filed, such disallowance shall be disregarded and the item shall be computed as if a joint return had been filed and then allocated between the spouses appropriately. A similar rule shall apply for purposes of section 86. (5) Childs liability If the liability of a child of a taxpayer is included on a joint return, such liability shall be disregarded in computing the separate liability of either spouse and such liability shall be allocated appropriately between the spouses.
(e) Petition for review by Tax Court (1) In general In the case of an individual against whom a deficiency has been asserted and who elects to have subsection (b) or (c) apply, or in the case of an individual who requests equitable relief under subsection (f) (A) In general In addition to any other remedy provided by law, the individual may petition the Tax Court (and the Tax Court shall have jurisdiction) to determine the appropriate relief available to the individual under this section if such petition is filed (i) at any time after the earlier of (I) the date the Secretary mails, by certified or registered mail to the taxpayers last known address, notice of the Secretarys final determination of relief available to the individual, or (II) the date which is 6 months after the date such election is filed or request is made with the Secretary, and (ii) not later than the close of the 90th day after the date described in clause (i)(I). (B) Restrictions applicable to collection of assessment (i) In general Except as otherwise provided in section 6851 or6861, no levy or proceeding in court shall be made, begun, or prosecuted against the individual making an election under subsection (b) or (c) or requesting equitable relief under subsection (f) for collection of any assessment to which such election or request relates until the close of the 90th day referred to in subparagraph (A)(ii), or, if a petition has been filed with the Tax Court under subparagraph (A), until the decision of the Tax Court has become final. Rules similar to the rules of section 7485shall apply with respect to the collection of such assessment. (ii) Authority to enjoin collection actions Notwithstanding the provisions of section 7421 (a), the beginning of such levy or proceeding during the time the prohibition under clause (i) is in force may be enjoined by a proceeding in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction under this subparagraph to enjoin any action or proceeding unless a timely petition has been filed under subparagraph (A) and then only in respect of the amount of the assessment to which the election under subsection (b) or (c) relates or to which the request under subsection (f) relates. (2) Suspension of running of period of limitations The running of the period of limitations in section 6502 on the collection of the assessment to which the petition under paragraph (1)(A) relates shall be suspended (A) for the period during which the Secretary is prohibited by paragraph (1)(B) from collecting by levy or a proceeding in court and for 60 days thereafter, and (B) if a waiver under paragraph (5) is made, from the date the claim for relief was filed until 60 days after the waiver is filed with the Secretary. (3) Limitation on Tax Court jurisdiction If a suit for refund is begun by either individual filing the joint return pursuant to section 6532 (A) the Tax Court shall lose jurisdiction of the individuals action under this section to whatever extent jurisdiction is acquired by the district court or the United States Court of Federal Claims over the taxable years that are the subject of the suit for refund, and (B) the court acquiring jurisdiction shall have jurisdiction over the petition filed under this subsection. (4) Notice to other spouse The Tax Court shall establish rules which provide the individual filing a joint return but not making the election under subsection (b) or (c) or the request for equitable relief under subsection (f) with adequate notice and an opportunity to become a party to a proceeding under either such subsection. (5) Waiver An individual who elects the application of subsection (b) or (c) or who requests equitable relief under subsection (f) (and who agrees with the Secretarys determination of relief) may waive in writing at any time the restrictions in paragraph (1)(B) with respect to collection of the outstanding assessment (whether or not a notice of the Secretarys final determination of relief has been mailed). (f) Equitable relief Under procedures prescribed by the Secretary, if
(1) taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either); and (2) relief is not available to such individual under subsection (b) or (c), the Secretary may relieve such individual of such liability. (g) Credits and refunds (1) In general Except as provided in paragraphs (2) and (3), notwithstanding any other law or rule of law (other than section 6511, 6512 (b), 7121, or 7122), credit or refund shall be allowed or made to the extent attributable to the application of this section. (2) Res judicata In the case of any election under subsection (b) or (c) or of any request for equitable relief under subsection (f), if a decision of a court in any prior proceeding for the same taxable year has become final, such decision shall be conclusive except with respect to the qualification of the individual for relief which was not an issue in such proceeding. The exception contained in the preceding sentence shall not apply if the court determines that the individual participated meaningfully in such prior proceeding. (3) Credit and refund not allowed under subsection (c) No credit or refund shall be allowed as a result of an election under subsection (c). (h) Regulations The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this section, including (1) regulations providing methods for allocation of items other than the methods under subsection (d)(3); and (2) regulations providing the opportunity for an individual to have notice of, and an opportunity to participate in, any administrative proceeding with respect to an election made under subsection (b) or (c) or a request for equitable relief made under subsection (f) by the other individual filing the joint return.
6016. Repealed. Pub. L. 90364, title I, 103(a), June 28, 1968, 82 Stat. 260]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 738; Feb. 26, 1964, Pub. L. 88272, title I, 122(d), 78 Stat. 29, Nov. 13, 1966, Pub. L. 89809, title I, 104(l),80 Stat. 1563, provided for the declaration of estimated income tax by corporations.
6017. Self-employment tax returns

Every individual (other than a nonresident alien individual) having net earnings from selfemployment of $400 or more for the taxable year shall make a return with respect to the self-employment tax imposed by chapter 2. In the case of a husband and wife filing a joint return under section 6013, the tax imposed by chapter 2 shall not be computed on the aggregate income but shall be the sum of the taxes computed under such chapter on the separate self-employment income of each spouse.
6017A. Repealed. Pub. L. 101239, title VII, 7711(b)(1), Dec. 19, 1989, 103 Stat. 2393]
Section, added Pub. L. 92512, title I, 144(a)(1), Oct. 20, 1972, 86 Stat. 935; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to place of residence.
Subpart CReturns Relating to Transfers During Life or at Death

6018. Returns relating to large transfers at death 6019. Gift tax returns
6018. Returns relating to large transfers at death

(a) In general If this section applies to property acquired from a decedent, the executor of the estate of such decedent shall make a return containing the information specified in subsection (c) with respect to such property. (b) Property to which section applies (1) Large transfers This section shall apply to all property (other than cash) acquired from a decedent if the fair market value of such property acquired from the decedent exceeds the dollar amount applicable under section 1022 (b)(2)(B) (without regard to section 1022 (b)(2)(C)). (2) Transfers of certain gifts received by decedent within 3 years of death This section shall apply to any appreciated property acquired from the decedent if (A) subsections (b) and (c) of section 1022 do not apply to such property by reason of section 1022 (d)(1)(C), and (B) such property was required to be included on a return required to be filed under section 6019. (3) Nonresidents not citizens of the United States In the case of a decedent who is a nonresident not a citizen of the United States, paragraphs (1) and (2) shall be applied (A) by taking into account only (i) tangible property situated in the United States, and (ii) other property acquired from the decedent by a United States person, and (B) by substituting the dollar amount applicable under section 1022(b)(3) for the dollar amount referred to in paragraph (1). (4) Returns by trustees or beneficiaries If the executor is unable to make a complete return as to any property acquired from or passing from the decedent, the executor shall include in the return a description of such property and the name of every person holding a legal or beneficial interest therein. Upon notice from the Secretary, such person shall in like manner make a return as to such property. (c) Information required to be furnished
The information specified in this subsection with respect to any property acquired from the decedent is (1) the name and TIN of the recipient of such property, (2) an accurate description of such property, (3) the adjusted basis of such property in the hands of the decedent and its fair market value at the time of death, (4) the decedents holding period for such property, (5) sufficient information to determine whether any gain on the sale of the property would be treated as ordinary income, (6) the amount of basis increase allocated to the property under subsection (b) or (c) of section 1022, and (7) such other information as the Secretary may by regulations prescribe. (d) Property acquired from decedent For purposes of this section, section 1022 shall apply for purposes of determining the property acquired from a decedent. (e) Statements to be furnished to certain persons Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return (other than the person required to make such return) a written statement showing (1) the name, address, and phone number of the person required to make such return, and (2) the information specified in subsection (c) with respect to property acquired from, or passing from, the decedent to the person required to receive such statement. The written statement required under the preceding sentence shall be furnished not later than 30 days after the date that the return required by subsection (a) is filed.
6019. Gift tax returns

(a) In general Any individual who in any calendar year makes any transfer by gift other than (1) a transfer which under subsection (b) or (e) of section 2503 is not to be included in the total amount of gifts for such year, (2) a transfer of an interest with respect to which a deduction is allowed under section 2523, or (3) a transfer with respect to which a deduction is allowed under section2522 but only if (A) (i) such transfer is of the donors entire interest in the property transferred, and (ii) no other interest in such property is or has been transferred (for less than adequate and full consideration in money or moneys worth) from the donor to a person, or for a use, not described in subsection (a) or (b) of section 2522, or (B) such transfer is described in section 2522 (d), shall make a return for such year with respect to the gift tax imposed by subtitle B. (b) Statements to be furnished to certain persons Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return (other than the person required to make such return) a written statement showing (1) the name, address, and phone number of the person required to make such return, and (2) the information specified in such return with respect to property received by the person required to receive such statement. The written statement required under the preceding sentence shall be furnished not later than 30 days after the date that the return required by subsection (a) is filed.
Subpart DMiscellaneous Provisions

6020. Returns prepared for or executed by Secretary
6021. Listing by Secretary of taxable objects owned by nonresidents of internal revenue districts
6020. Returns prepared for or executed by Secretary

(a) Preparation of return by Secretary If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person. (b) Execution of return by Secretary (1) Authority of Secretary to execute return If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise. (2) Status of returns Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes.
6021. Listing by Secretary of taxable objects owned by nonresidents of internal revenue districts
Whenever there are in any internal revenue district any articles subject to tax, which are not owned or possessed by or under the care or control of any person within such district, and of which no list has been transmitted to the Secretary, as required by law or by regulations prescribed pursuant to law, the Secretary shall enter the premises where such articles are situated, shall make such inspection of the articles as may be necessary and make lists of the same, according to the forms prescribed. Such lists, being subscribed by the Secretary, shall be sufficient lists of such articles for all purposes.
PART IIIINFORMATION RETURNS

Subpart AInformation Concerning Persons Subject to Special Provisions ( 60316040)

Subpart BInformation Concerning Transactions With Other Persons ( 60416050W)
Subpart CInformation Regarding Wages Paid Employees ( 60516053) [Subpart DRepealed] ( 6056)
Subpart ERegistration of and Information Concerning Pension, Etc., Plans ( 60576059) Subpart FInformation Concerning Tax Return Preparers ( 6060)
Subpart AInformation Concerning Persons Subject to Special Provisions

6031. Return of partnership income 6032. Returns of banks with respect to common trust funds 6033. Returns by exempt organizations 6034. Returns by certain trusts 6034A. Information to beneficiaries of estates and trusts [ 6035. Repealed.] 6036. Notice of qualification as executor or receiver 6037. Return of S corporation
6038. Information reporting with respect to certain foreign corporations and partnerships 6038A. Information with respect to certain foreign-owned corporations 6038B. Notice of certain transfers to foreign persons
6038C. Information with respect to foreign corporations engaged in U.S. business 6039. Returns required in connection with certain options [ 6039A. Repealed.] [ 6039B. Repealed.]
6039C. Returns with respect to foreign persons holding direct investments in United States real property interests 6039D. Returns and records with respect to certain fringe benefit plans 6039E. Information concerning resident status 6039F. Notice of large gifts received from foreign persons 6039G. Information on individuals losing United States citizenship
6039H. Information with respect to Alaska Native Settlement Trusts and sponsoring Native Corporations
6039I. Returns and records with respect to employer-owned life insurance contracts

6039J. Information reporting with respect to Commodity Credit Corporation transactions 6040. Cross references
6031. Return of partnership income

(a) General rule Every partnership (as defined in section 761 (a)) shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by subtitle A, and such other information, for the purpose of carrying out the provisions of subtitle A as the Secretary may by forms and regulations prescribe, and shall include in the return the names and addresses of the individuals who would be entitled to share in the taxable income if distributed and the amount of the distributive share of each individual. (b) Copies to partners Each partnership required to file a return under subsection (a) for any partnership taxable year shall (on or before the day on which the return for such taxable year was required to be filed) furnish to each person who is a partner or who holds an interest in such partnership as a nominee for another person at any time during such taxable year a copy of such information required to be shown on such return as may be required by regulations. In the case of an electing large partnership (as defined in section 775), such information shall be furnished on or before the first March 15 following the close of such taxable year. (c) Nominee reporting Any person who holds an interest in a partnership as a nominee for another person (1) shall furnish to the partnership, in the manner prescribed by the Secretary, the name and address of such other person, and any other information for such taxable year as the Secretary may by form and regulation prescribe, and (2) shall furnish in the manner prescribed by the Secretary such other person the information provided by such partnership under subsection (b). (d) Separate statement of items of unrelated business taxable income In the case of any partnership regularly carrying on a trade or business (within the meaning of section 512 (c)(1)), the information required under subsection (b) to be furnished to its partners shall include such information as is necessary to enable each partner to compute its distributive share of partnership income or loss from such trade or business in accordance with section 512 (a)(1), but without regard to the modifications described in paragraphs (8) through (15) of section 512 (b). (e) Foreign partnerships (1) Exception for foreign partnership Except as provided in paragraph (2), the preceding provisions of this section shall not apply to a foreign partnership. (2) Certain foreign partnerships required to file return Except as provided in regulations prescribed by the Secretary, this section shall apply to a foreign partnership for any taxable year if for such year, such partnership has (A) gross income derived from sources within the United States, or (B) gross income which is effectively connected with the conduct of a trade or business within the United States. The Secretary may provide simplified filing procedures for foreign partnerships to which this section applies. (f) Electing investment partnerships In the case of any electing investment partnership (as defined in section 743(e)(6)), the information required under subsection (b) to be furnished to any partner to whom
section 743 (e)(2) applies shall include such information as is necessary to enable the partner to compute the amount of losses disallowed under section 743 (e).
6032. Returns of banks with respect to common trust funds

Every bank (as defined in section 581) maintaining a common trust fund shall make a return for each taxable year, stating specifically, with respect to such fund, the items of gross income and the deductions allowed by subtitle A, and shall include in the return the names and addresses of the participants who would be entitled to share in the taxable income if distributed and the amount of the proportionate share of each participant. The return shall be executed in the same manner as a return made by a corporation pursuant to the requirements of sections 6012 and6062.
6033. Returns by exempt organizations

(a) Organizations required to file (1) In general Except as provided in paragraph (3), every organization exempt from taxation under section 501 (a) shall file an annual return, stating specifically the items of gross income, receipts, and disbursements, and such other information for the purpose of carrying out the internal revenue laws as the Secretary may by forms or regulations prescribe, and shall keep such records, render under oath such statements, make such other returns, and comply with such rules and regulations as the Secretary may from time to time prescribe; except that, in the discretion of the Secretary, any organization described in section 401 (a) may be relieved from stating in its return any information which is reported in returns filed by the employer which established such organization. (2) Being a party to certain reportable transactions Every tax-exempt entity described in section 4965 (c) shall file (in such form and manner and at such time as determined by the Secretary) a disclosure of (A) such entitys being a party to any prohibited tax shelter transaction (as defined in section 4965 (e)), and (B) the identity of any other party to such transaction which is known by such tax-exempt entity. (3) Exceptions from filing (A) Mandatory exceptions Paragraph (1) shall not apply to (i) churches, their integrated auxiliaries, and conventions or associations of churches, (ii) any organization (other than a private foundation, as defined in section 509 (a)) described in subparagraph (C), the gross receipts of which in each taxable year are normally not more than $5,000, or (iii) the exclusively religious activities of any religious order. (B) Discretionary exceptions The Secretary may relieve any organization required under paragraph (1) (other than an organization described in section 509(a)(3)) to file an information return from filing such a return where he determines that such filing is not necessary to the efficient administration of the internal revenue laws. (C) Certain organizations The organizations referred to in subparagraph (A)(ii) are (i) a religious organization described in section 501 (c)(3); (ii) an educational organization described in section 170 (b)(1)(A)(ii); (iii) a charitable organization, or an organization for the prevention of cruelty to children or animals, described in section501 (c)(3), if such organization is supported, in whole or in part,
by funds contributed by the United States or any State or political subdivision thereof, or is primarily supported by contributions of the general public; (iv) an organization described in section 501 (c)(3), if such organization is operated, supervised, or controlled by or in connection with a religious organization described in clause (i); (v) an organization described in section 501 (c)(8); and (vi) an organization described in section 501 (c)(1), if such organization is a corporation wholly owned by the United States or any agency or instrumentality thereof, or a whollyowned subsidiary of such a corporation. (b) Certain organizations described in section 501 (c)(3) Every organization described in section 501 (c)(3) which is subject to the requirements of subsection (a) shall furnish annually information, at such time and in such manner as the Secretary may by forms or regulations prescribe, setting forth (1) its gross income for the year, (2) its expenses attributable to such income and incurred within the year, (3) its disbursements within the year for the purposes for which it is exempt, (4) a balance sheet showing its assets, liabilities, and net worth as of the beginning of such year, (5) the total of the contributions and gifts received by it during the year, and the names and addresses of all substantial contributors, (6) the names and addresses of its foundation managers (within the meaning of section 4946 (b)(1)) and highly compensated employees, (7) the compensation and other payments made during the year to each individual described in paragraph (6), (8) in the case of an organization with respect to which an election under section 501 (h) is effective for the taxable year, the following amounts for such organization for such taxable year: (A) the lobbying expenditures (as defined in section 4911 (c)(1)), (B) the lobbying nontaxable amount (as defined in section 4911 (c)(2)), (C) the grass roots expenditures (as defined in section 4911 (c)(3)), and (D) the grass roots nontaxable amount (as defined in section 4911(c)(4)), (9) such other information with respect to direct or indirect transfers to, and other direct or indirect transactions and relationships with, other organizations described in section 501 (c) (other than paragraph (3) thereof) or section 527 as the Secretary may require to prevent (A) diversion of funds from the organizations exempt purpose, or (B) misallocation of revenues or expenses, (10) the respective amounts (if any) of the taxes imposed on the organization, or any organization manager of the organization, during the taxable year under any of the following provisions (and the respective amounts (if any) of reimbursements paid by the organization during the taxable year with respect to taxes imposed on any such organization manager under any of such provisions): (A) section 4911 (relating to tax on excess expenditures to influence legislation), (B) section 4912 (relating to tax on disqualifying lobbying expenditures of certain organizations), and (C) section 4955 (relating to taxes on political expenditures of section 501 (c) (3) organizations), except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded, (11) the respective amounts (if any) of (A) the taxes imposed with respect to the organization on any organization manager, or any disqualified person, during the taxable year under section 4958 (relating to taxes on private excess benefit from certain charitable organizations), and (B) reimbursements paid by the organization during the taxable year with respect to taxes imposed under such section, except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded, (12) such information as the Secretary may require with respect to any excess benefit transaction (as defined in section 4958),
(13) such information with respect to disqualified persons as the Secretary may prescribe, (14) such information as the Secretary may require with respect to disaster relief activities, including the amount and use of qualified contributions to which section 1400S (a) applies, and (15) such other information for purposes of carrying out the internal revenue laws as the Secretary may require. For purposes of paragraph (8), if section 4911 (f) applies to the organization for the taxable year, such organization shall furnish the amounts with respect to the affiliated group as well as with respect to such organization. (c) Additional provisions relating to private foundations In the case of an organization which is a private foundation (within the meaning of section 509 (a)) (1) the Secretary shall by regulations provide that the private foundation shall include in its annual return under this section such information (not required to be furnished by subsection (b) or the forms or regulations prescribed thereunder) as would have been required to be furnished under section 6056 (relating to annual reports by private foundations) as such section 6056 was in effect on January 1, 1979, and (2) the foundation managers shall furnish copies of the annual return under this section to such State officials, at such times, and under such conditions, as the Secretary may by regulations prescribe. Nothing in paragraph (1) shall require the inclusion of the name and address of any recipient (other than a disqualified person within the meaning of section4946) of 1 or more charitable gifts or grants made by the foundation to such recipient as an indigent or needy person if the aggregate of such gifts or grants made by the foundation to such recipient during the year does not exceed $1,000. (d) Section to apply to nonexempt charitable trusts and nonexempt private foundations The following organizations shall comply with the requirements of this section in the same manner as organizations described in section 501 (c)(3) which are exempt from tax under section 501 (a): (1) Nonexempt charitable trusts A trust described in section 4947 (a)(1) (relating to nonexempt charitable trusts). (2) Nonexempt private foundations A private foundation which is not exempt from tax under section 501 (a). (e) Special rules relating to lobbying activities (1) Reporting requirements (A) In general If this subsection applies to an organization for any taxable year, such organization (i) shall include on any return required to be filed under subsection (a) for such year information setting forth the total expenditures of the organization to which section 162 (e) (1)applies and the total amount of the dues or other similar amounts paid to the organization to which such expenditures are allocable, and (ii) except as provided in paragraphs (2)(A)(i) and (3), shall, at the time of assessment or payment of such dues or other similar amounts, provide notice to each person making such payment which contains a reasonable estimate of the portion of such dues or other similar amounts to which such expenditures are so allocable. (B) Organizations to which subsection applies (i) In general This subsection shall apply to any organization which is exempt from taxation under section 501 other than an organization described in section 501 (c)(3). (ii) Special rule for in-house expenditures This subsection shall not apply to the in-house expenditures (within the meaning of section 162(e)(5)(B)(ii)) of an organization for a taxable year if such expenditures do not exceed $2,000. In determining whether a taxpayer exceeds the $2,000 limit under this clause, there shall not be taken into account overhead costs otherwise allocable to activities described in subparagraphs (A) and (D) of section 162(e)(1). (iii) Coordination with section 527 (f) This subsection shall not apply to any amount on which tax is imposed by reason of section527 (f). (C) Allocation For purposes of this paragraph
(i) In general Expenditures to which section 162 (e)(1) applies shall be treated as paid out of dues or other similar amounts to the extent thereof. (ii) Carryover of lobbying expenditures in excess of dues If expenditures to which section 162 (e)(1) applies exceed the dues or other similar amounts for any taxable year, such excess shall be treated as expenditures to which section 162 (e)(1) applies which are paid or incurred by the organization during the following taxable year. (2) Tax imposed where organization does not notify (A) In general If an organization (i) elects not to provide the notices described in paragraph (1)(A) for any taxable year, or (ii) fails to include in such notices the amount allocable to expenditures to which section 162 (e)(1) applies (determined on the basis of actual amounts rather than the reasonable estimates under paragraph (1)(A)(ii)), then there is hereby imposed on such organization for such taxable year a tax in an amount equal to the product of the highest rate of tax imposed by section 11 for the taxable year and the aggregate amount not included in such notices by reason of such election or failure. (B) Waiver where future adjustments made The Secretary may waive the tax imposed by subparagraph (A)(ii) for any taxable year if the organization agrees to adjust its estimates under paragraph (1)(A)(ii) for the following taxable year to correct any failures. (C) Tax treated as income tax For purposes of this title, the tax imposed by subparagraph (A) shall be treated in the same manner as a tax imposed by chapter 1 (relating to income taxes). (3) Exception where dues generally nondeductible Paragraph (1)(A) shall not apply to an organization which establishes to the satisfaction of the Secretary that substantially all of the dues or other similar amounts paid by persons to such organization are not deductible without regard to section 162 (e). (f) Certain organizations described in section 501 (c)(4) Every organization described in section 501 (c)(4) which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in paragraphs (11), (12) and (13) of subsection (b) with respect to such organization. (g) Returns required by political organizations (1) In general This section shall apply to a political organization (as defined by section527 (e)(1)) which has gross receipts of $25,000 or more for the taxable year. In the case of a political organization which is a qualified State or local political organization (as defined in section 527 (e)(5)), the preceding sentence shall be applied by substituting $100,000 for $25,000. (2) Annual returns Political organizations described in paragraph (1) shall file an annual return (A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501 (a), with such modifications as the Secretary considers appropriate to require only information which is necessary for the purposes of carrying out section 527, and (B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection. (3) Mandatory exceptions from filing Paragraph (2) shall not apply to an organization (A) which is a State or local committee of a political party, or political committee of a State or local candidate, (B) which is a caucus or association of State or local officials, (C) which is an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971) of a candidate for Federal office, (D) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971) of a political party, (E) which is a United States House of Representatives or United States Senate campaign committee of a political party committee,
(F) which is required to report under the Federal Election Campaign Act of 1971 as a political committee (as defined in section 301(4) of such Act), or (G) to which section 527 applies for the taxable year solely by reason of subsection (f)(1) of such section. (4) Discretionary exception The Secretary may relieve any organization required under paragraph (2) to file an information return from filing such a return if the Secretary determines that such filing is not necessary to the efficient administration of the internal revenue laws. (h) Controlling organizations Each controlling organization (within the meaning of section 512 (b)(13)) which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) (1) any interest, annuities, royalties, or rents received from each controlled entity (within the meaning of section 512 (b)(13)), (2) any loans made to each such controlled entity, and (3) any transfers of funds between such controlling organization and each such controlled entity. (i) Additional notification requirements Any organization the gross receipts of which in any taxable year result in such organization being referred to in subsection (a)(3)(A)(ii) or (a)(3)(B) (1) shall furnish annually, in electronic form, and at such time and in such manner as the Secretary may by regulations prescribe, information setting forth (A) the legal name of the organization, (B) any name under which such organization operates or does business, (C) the organizations mailing address and Internet web site address (if any), (D) the organizations taxpayer identification number, (E) the name and address of a principal officer, and (F) evidence of the continuing basis for the organizations exemption from the filing requirements under subsection (a)(1), and (2) upon the termination of the existence of the organization, shall furnish notice of such termination. (j) Loss of exempt status for failure to file return or notice (1) In general If an organization described in subsection (a)(1) or (i) fails to file an annual return or notice required under either subsection for 3 consecutive years, such organizations status as an organization exempt from tax under section 501 (a) shall be considered revoked on and after the date set by the Secretary for the filing of the third annual return or notice. The Secretary shall publish and maintain a list of any organization the status of which is so revoked. (2) Application necessary for reinstatement Any organization the tax-exempt status of which is revoked under paragraph (1) must apply in order to obtain reinstatement of such status regardless of whether such organization was originally required to make such an application. (3) Retroactive reinstatement if reasonable cause shown for failure If, upon application for reinstatement of status as an organization exempt from tax under section 501 (a), an organization described in paragraph (1) can show to the satisfaction of the Secretary evidence of reasonable cause for the failure described in such paragraph, the organizations exempt status may, in the discretion of the Secretary, be reinstated effective from the date of the revocation under such paragraph. (k) Additional provisions relating to sponsoring organizations Every organization described in section 4966 (d)(1) shall, on the return required under subsection (a) for the taxable year (1) list the total number of donor advised funds (as defined in section4966 (d)(2)) it owns at the end of such taxable year, (2) indicate the aggregate value of assets held in such funds at the end of such taxable year, and (3) indicate the aggregate contributions to and grants made from such funds during such taxable year. (l) Additional provisions relating to supporting organizations
Every organization described in section 509 (a)(3) shall, on the return required under subsection (a) (1) list the supported organizations (as defined in section 509 (f)(3)) with respect to which such organization provides support, (2) indicate whether the organization meets the requirements of clause (i), (ii), or (iii) of section 509 (a)(3)(B), and (3) certify that the organization meets the requirements of section 509(a)(3)(C). (m) Cross references For provisions relating to statements, etc., regarding exempt status of organizations, see section 6001. For reporting requirements as to certain liquidations, dissolutions, terminations, and contractions, see section 6043 (b). For provisions relating to penalties for failure to file a return required by this section, see section 6652 (c). For provisions relating to information required in connection with certain plans of deferred compensation, see section 6058.
6034. Returns by certain trusts

(a) Split-interest trusts Every trust described in section 4947 (a)(2) shall furnish such information with respect to the taxable year as the Secretary may by forms or regulations require. (b) Trusts claiming certain charitable deductions (1) In general Every trust not required to file a return under subsection (a) but claiming a deduction under section 642 (c) for the taxable year shall furnish such information with respect to such taxable year as the Secretary may by forms or regulations prescribe, including (A) the amount of the deduction taken under section 642 (c) within such year, (B) the amount paid out within such year which represents amounts for which deductions under section 642 (c) have been taken in prior years, (C) the amount for which such deductions have been taken in prior years but which has not been paid out at the beginning of such year, (D) the amount paid out of principal in the current and prior years for the purposes described in section 642 (c), (E) the total income of the trust within such year and the expenses attributable thereto, and (F) a balance sheet showing the assets, liabilities, and net worth of the trust as of the beginning of such year. (2) Exceptions Paragraph (1) shall not apply to a trust for any taxable year if (A) all the net income for such year, determined under the applicable principles of the law of trusts, is required to be distributed currently to the beneficiaries, or (B) the trust is described in section 4947 (a)(1).
6034A. Information to beneficiaries of estates and trusts

(a) General rule The fiduciary of any estate or trust required to file a return under section 6012(a) for any taxable year shall, on or before the date on which such return was required to be filed, furnish to each beneficiary (or nominee thereof) (1) who receives a distribution from such estate or trust with respect to such taxable year, or (2) to whom any item with respect to such taxable year is allocated, a statement containing such information required to be shown on such return as the Secretary may prescribe.
(b) Nominee reporting Any person who holds an interest in an estate or trust as a nominee for another person (1) shall furnish to the estate or trust, in the manner prescribed by the Secretary, the name and address of such other person, and any other information for the taxable year as the Secretary may by form and regulations prescribe, and (2) shall furnish in the manner prescribed by the Secretary to such other person the information provided by the estate or trust under subsection (a). (c) Beneficiarys return must be consistent with estate or trust return or Secretary notified of inconsistency (1) In general A beneficiary of any estate or trust to which subsection (a) applies shall, on such beneficiarys return, treat any reported item in a manner which is consistent with the treatment of such item on the applicable entitys return. (2) Notification of inconsistent treatment (A) In general In the case of any reported item, if (i) (I) the applicable entity has filed a return but the beneficiarys treatment on such beneficiarys return is (or may be) inconsistent with the treatment of the item on the applicable entitys return, or (II) the applicable entity has not filed a return, and (ii) the beneficiary files with the Secretary a statement identifying the inconsistency, paragraph (1) shall not apply to such item. (B) Beneficiary receiving incorrect information A beneficiary shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a reported item if the beneficiary (i) demonstrates to the satisfaction of the Secretary that the treatment of the reported item on the beneficiarys return is consistent with the treatment of the item on the statement furnished under subsection (a) to the beneficiary by the applicable entity, and (ii) elects to have this paragraph apply with respect to that item. (3) Effect of failure to notify In any case (A) described in subparagraph (A)(i)(I) of paragraph (2), and (B) in which the beneficiary does not comply with subparagraph (A)(ii) of paragraph (2), any adjustment required to make the treatment of the items by such beneficiary consistent with the treatment of the items on the applicable entitys return shall be treated as arising out of mathematical or clerical errors and assessed according to section 6213 (b)(1). Paragraph (2) of section 6213 (b) shall not apply to any assessment referred to in the preceding sentence. (4) Definitions For purposes of this subsection (A) Reported item The term reported item means any item for which information is required to be furnished under subsection (a). (B) Applicable entity The term applicable entity means the estate or trust of which the taxpayer is the beneficiary. (5) Addition to tax for failure to comply with section For addition to tax in the case of a beneficiarys negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of chapter 68.
6035. Repealed. Pub. L. 108357, title IV, 413(c)(26), Oct. 22, 2004, 118 Stat. 1509]
Section, Aug. 16, 1954, ch. 736, 68A Stat. 743; Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97248, title III, 340(a), Sept. 3, 1982, 96 Stat. 633, related to information returns of officers, directors, and shareholders of foreign personal holding companies.
6036. Notice of qualification as executor or receiver

Every receiver, trustee in a case under title 11 of the United States Code, assignee for benefit of creditors, or other like fiduciary, and every executor (as defined in section 2203), shall give notice of his qualification as such to the Secretary in such manner and at such time as may be required by regulations of the Secretary. The Secretary may be regulation provide such exemptions from the requirements of this section as the Secretary deems proper.
6037. Return of S corporation

(a) In general Every S corporation shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by subtitle A, the names and addresses of all persons owning stock in the corporation at any time during the taxable year, the number of shares of stock owned by each shareholder at all times during the taxable year, the amount of money and other property distributed by the corporation during the taxable year to each shareholder, the date of each such distribution, each shareholders pro rata share of each item of the corporation for the taxable year, and such other information, for the purpose of carrying out the provisions of subchapter S of chapter 1, as the Secretary may by forms and regulations prescribe. Any return filed pursuant to this section shall, for purposes of chapter 66 (relating to limitations), be treated as a return filed by the corporation under section 6012. (b) Copies to shareholders Each S corporation required to file a return under subsection (a) for any taxable year shall (on or before the day on which the return for such taxable year was filed) furnish to each person who is a shareholder at any time during such taxable year a copy of such information shown on such return as may be required by regulations. (c) Shareholders return must be consistent with corporate return or Secretary notified of inconsistency (1) In general A shareholder of an S corporation shall, on such shareholders return, treat a subchapter S item in a manner which is consistent with the treatment of such item on the corporate return. (2) Notification of inconsistent treatment (A) In general In the case of any subchapter S item, if (i) (I) the corporation has filed a return but the shareholders treatment on his return is (or may be) inconsistent with the treatment of the item on the corporate return, or (II) the corporation has not filed a return, and (ii) the shareholder files with the Secretary a statement identifying the inconsistency, paragraph (1) shall not apply to such item. (B) Shareholder receiving incorrect information A shareholder shall be treated as having complied with clause (ii) of subparagraph (A) with respect to a subchapter S item if the shareholder (i) demonstrates to the satisfaction of the Secretary that the treatment of the subchapter S item on the shareholders return is consistent with the treatment of the item on the schedule furnished to the shareholder by the corporation, and
(ii) elects to have this paragraph apply with respect to that item. (3) Effect of failure to notify In any case (A) described in subparagraph (A)(i)(I) of paragraph (2), and (B) in which the shareholder does not comply with subparagraph (A)(ii) of paragraph (2), any adjustment required to make the treatment of the items by such shareholder consistent with the treatment of the items on the corporate return shall be treated as arising out of mathematical or clerical errors and assessed according to section 6213 (b)(1). Paragraph (2) of section 6213(b) shall not apply to any assessment referred to in the preceding sentence. (4) Subchapter S item For purposes of this subsection, the term subchapter S item means any item of an S corporation to the extent that regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the corporation level than at the shareholder level. (5) Addition to tax for failure to comply with section For addition to tax in the case of a shareholders negligence in connection with, or disregard of, the requirements of this section, see part II of subchapter A of chapter 68.
6038. Information reporting with respect to certain foreign corporations and partnerships
(a) Requirement (1) In general Every United States person shall furnish, with respect to any foreign business entity which such person controls, such information as the Secretary may prescribe relating to (A) the name, the principal place of business, and the nature of business of such entity, and the country under whose laws such entity is incorporated (or organized in the case of a partnership); (B) in the case of a foreign corporation, its post-1986 undistributed earnings (as defined in section 902 (c)); (C) a balance sheet for such entity listing assets, liabilities, and capital; (D) transactions between such entity and (i) such person, (ii) any corporation or partnership which such person controls, and (iii) any United States person owning, at the time the transaction takes place (I) in the case of a foreign corporation, 10 percent or more of the value of any class of stock outstanding of such corporation, and (II) in the case of a foreign partnership, at least a 10-percent interest in such partnership; and (E) (i) in the case of a foreign corporation, a description of the various classes of stock outstanding, and a list showing the name and address of, and number of shares held by, each United States person who is a shareholder of record owning at any time during the annual accounting period 5 percent or more in value of any class of stock outstanding of such foreign corporation, and (ii) information comparable to the information described in clause (i) in the case of a foreign partnership. The Secretary may also require the furnishing of any other information which is similar or related in nature to that specified in the preceding sentence or which the Secretary determines to be appropriate to carry out the provisions of this title. (2) Period for which information is to be furnished, etc. The information required under paragraph (1) shall be furnished for the annual accounting period of the foreign business entity ending with or within the United States persons taxable year. The information so required shall be furnished at such time and in such manner as the Secretary shall prescribe.
(3) Limitation No information shall be required to be furnished under this subsection with respect to any foreign business entity for any annual accounting period unless the Secretary has prescribed the furnishing of such information on or before the first day of such annual accounting period. (4) Information required from certain shareholders in certain cases If any foreign corporation is treated as a controlled foreign corporation for any purpose under subpart F of part III of subchapter N of chapter 1, the Secretary may require any United States person treated as a United States shareholder of such corporation for any purpose under subpart F to furnish the information required under paragraph (1). (5) Information required from 10-percent partner of controlled foreign partnership In the case of a foreign partnership which is controlled by United States persons holding at least 10-percent interests (but not by any one United States person), the Secretary may require each United States person who holds a 10-percent interest in such partnership to furnish information relating to such partnership, including information relating to such partners ownership interests in the partnership and allocations to such partner of partnership items. (b) Dollar penalty for failure to furnish information (1) In general If any person fails to furnish, within the time prescribed under paragraph (2) of subsection (a), any information with respect to any foreign business entity required under paragraph (1) of subsection (a), such person shall pay a penalty of $10,000 for each annual accounting period with respect to which such failure exists. (2) Increase in penalty where failure continues after notification If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the United States person, such person shall pay a penalty (in addition to the amount required under paragraph (1)) of $10,000 for each 30-day period (or fraction thereof) during which such failure continues with respect to any annual accounting period after the expiration of such 90-day period. The increase in any penalty under this paragraph shall not exceed $50,000. (c) Penalty of reducing foreign tax credit (1) In general If a United States person fails to furnish, within the time prescribed under paragraph (2) of subsection (a), any information with respect to any foreign business entity required under paragraph (1) of subsection (a), then (A) in applying section 901 (relating to taxes of foreign countries and possessions of the United States) to such United States person for the taxable year, the amount of taxes (other than taxes reduced under subparagraph (B)) paid or deemed paid (other than those deemed paid under section 904 (c)) to any foreign country or possession of the United States for the taxable year shall be reduced by 10 percent, and (B) in the case of a foreign business entity which is a foreign corporation, in applying sections 902 (relating to foreign tax credit for corporate stockholder in foreign corporation) and 960 (relating to special rules for foreign tax credit) to any such United States person which is a corporation (or to any person who acquires from any other person any portion of the interest of such other person in any such foreign corporation, but only to the extent of such portion) for any taxable year, the amount of taxes paid or deemed paid by each foreign corporation with respect to which such person is required to furnish information during the annual accounting period or periods with respect to which such information is required under paragraph (2) of subsection (a) shall be reduced by 10 percent. If such failure continues 90 days or more after notice of such failure by the Secretary to the United States person, then the amount of the reduction under this paragraph shall be 10 percent plus an additional 5 percent for each 3-month period, or fraction thereof, during which such failure to furnish information continues after the expiration of such 90-day period. (2) Limitation The amount of the reduction under paragraph (1) for each failure to furnish information with respect to a foreign business entity required under subsection (a)(1) shall not exceed whichever of the following amounts is the greater: (A) $10,000, or
(B) the income of the foreign business entity for its annual accounting period with respect to which the failure occurs. (3) Coordination with subsection (b) The amount of the reduction which (but for this paragraph) would be made under paragraph (1) with respect to any annual accounting period shall be reduced by the amount of the penalty imposed by subsection (b) with respect to such period. (4) Special rules (A) No taxes shall be reduced under this subsection more than once for the same failure. (B) For purposes of this subsection and subsection (b), the time prescribed under paragraph (2) of subsection (a) to furnish information (and the beginning of the 90-day period after notice by the Secretary) shall be treated as being not earlier than the last day on which (as shown to the satisfaction of the Secretary) reasonable cause existed for failure to furnish such information. (C) In applying subsections (a) and (b) of section 902, and in applying subsection (a) of section 960, the reduction provided by this subsection shall not apply for purposes of determining the amount of post-1986 undistributed earnings. (d) Two or more persons required to furnish information with respect to same foreign corporation Where, but for this subsection, two or more United States persons would be required to furnish information under subsection (a) with respect to the same foreign business entity for the same period, the Secretary may by regulations provide that such information shall be required only from one person. To the extent practicable, the determination of which person shall furnish the information shall be made on the basis of actual ownership of stock. (e) Definitions For purposes of this section (1) Foreign business entity The term foreign business entity means a foreign corporation and a foreign partnership. (2) Control of corporation A person is in control of a corporation if such person owns stock possessing more than 50 percent of the total combined voting power of all classes of stock entitled to vote, or more than 50 percent of the total value of shares of all classes of stock, of a corporation. If a person is in control (within the meaning of the preceding sentence) of a corporation which in turn owns more than 50 percent of the total combined voting power of all classes of stock entitled to vote of another corporation, or owns more than 50 percent of the total value of the shares of all classes of stock of another corporation, then such person shall be treated as in control of such other corporation. For purposes of this paragraph, the rules prescribed by section 318 (a) for determining ownership of stock shall apply; except that (A) subparagraphs (A), (B), and (C) of section 318 (a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person, and (B) in applying subparagraph (C) of section 318 (a)(2), the phrase 10 percent shall be substituted for the phrase 50 percent used in subparagraph (C). (3) Partnership-related definitions (A) Control A person is in control of a partnership if such person owns directly or indirectly more than a 50 percent interest in such partnership. (B) 50-percent interest For purposes of subparagraph (A), a 50-percent interest in a partnership is (i) an interest equal to 50 percent of the capital interest, or 50 percent of the profits interest, in such partnership, or (ii) to the extent provided in regulations, an interest to which 50 percent of the deductions or losses of such partnership are allocated. For purposes of the preceding sentence, rules similar to the rules of section 267 (c) (other than paragraph (3)) shall apply. (C) 10-percent interest A 10-percent interest in a partnership is an interest which would be described in subparagraph (B) if 10 percent were substituted for 50 percent each place it appears. (4) Annual accounting period
The annual accounting period of a foreign business entity is the annual period on the basis of which such foreign business entity regularly computes its income in keeping its books. In the case of a specified foreign business entity (as defined in section 898), the taxable year of such foreign business entity shall be treated as its annual accounting period. (f) Cross references (1) For provisions relating to penalties for violations of this section, see section 7203. (2) For definition of the term United States person, see section 7701 (a)(30).
6038A. Information with respect to certain foreign-owned corporations

(a) Requirement If, at any time during a taxable year, a corporation (hereinafter in this section referred to as the reporting corporation) (1) is a domestic corporation, and (2) is 25-percent foreign-owned, such corporation shall furnish, at such time and in such manner as the Secretary shall by regulations prescribe, the information described in subsection (b) and such corporation shall maintain (in the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to determine the correct treatment of transactions with related parties as the Secretary shall by regulations prescribe (or shall cause another person to so maintain such records). (b) Required information For purposes of subsection (a), the information described in this subsection is such information as the Secretary may prescribe by regulations relating to (1) the name, principal place of business, nature of business, and country or countries in which organized or resident, of each person which (A) is a related party to the reporting corporation, and (B) had any transaction with the reporting corporation during its taxable year, (2) the manner in which the reporting corporation is related to each person referred to in paragraph (1), and (3) transactions between the reporting corporation and each foreign person which is a related party to the reporting corporation. (c) Definitions For purposes of this section (1) 25-percent foreign-owned A corporation is 25-percent foreign-owned if at least 25 percent of (A) the total voting power of all classes of stock of such corporation entitled to vote, or (B) the total value of all classes of stock of such corporation, is owned at any time during the taxable year by 1 foreign person (hereinafter in this section referred to as a 25-percent foreign shareholder). (2) Related party The term related party means (A) any 25-percent foreign shareholder of the reporting corporation, (B) any person who is related (within the meaning of section 267 (b)or 707 (b)(1)) to the reporting corporation or to a 25-percent foreign shareholder of the reporting corporation, and (C) any other person who is related (within the meaning of section482) to the reporting corporation. (3) Foreign person The term foreign person means any person who is not a United States person. For purposes of the preceding sentence, the term United States person has the meaning given to such term by section 7701 (a)(30), except that any individual who is a citizen of any possession of the United States (but not otherwise a citizen of the United States) and who is not a resident of the United States shall not be treated as a United States person. (4) Records
The term records includes any books, papers, or other data. (5) Section 318 to apply Section 318 shall apply for purposes of paragraphs (1) and (2), except that (A) 10 percent shall be substituted for 50 percent in section 318(a)(2)(C), and (B) subparagraphs (A), (B), and (C) of section 318 (a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person. (d) Penalty for failure to furnish information or maintain records (1) In general If a reporting corporation (A) fails to furnish (within the time prescribed by regulations) any information described in subsection (b), or (B) fails to maintain (or cause another to maintain) records as required by subsection (a), such corporation shall pay a penalty of $10,000 for each taxable year with respect to which such failure occurs. (2) Increase in penalty where failure continues after notification If any failure described in paragraph (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the reporting corporation, such corporation shall pay a penalty (in addition to the amount required under paragraph (1)) of $10,000 for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (3) Reasonable cause For purposes of this subsection, the time prescribed by regulations to furnish information or maintain records (and the beginning of the 90-day period after notice by the Secretary) shall be treated as not earlier than the last day on which (as shown to the satisfaction of the Secretary) reasonable cause existed for failure to furnish the information or maintain the records. (e) Enforcement of requests for certain records (1) Agreement to treat corporation as agent The rules of paragraph (3) shall apply to any transaction between the reporting corporation and any related party who is a foreign person unless such related party agrees (in such manner and at such time as the Secretary shall prescribe) to authorize the reporting corporation to act as such related partys limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to any request by the Secretary to examine records or produce testimony related to any such transaction or with respect to any summons by the Secretary for such records or testimony. The appearance of persons or production of records by reason of the reporting corporation being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of any transaction between the reporting corporation and such related party. (2) Rules where information not furnished If (A) for purposes of determining the correct treatment under this title of any transaction between the reporting corporation and a related party who is a foreign person, the Secretary issues a summons to such corporation to produce (either directly or as agent for such related party) any records or testimony, (B) such summons is not quashed in a proceeding begun under paragraph (4) and is not determined to be invalid in a proceeding begun under section 7604 (b) to enforce such summons, and (C) the reporting corporation does not substantially comply in a timely manner with such summons and the Secretary has sent by certified or registered mail a notice to such reporting corporation that such reporting corporation has not so substantially complied, the Secretary may apply the rules of paragraph (3) with respect to such transaction (whether or not the Secretary begins a proceeding to enforce such summons). If the reporting corporation fails to maintain (or cause another to maintain) records as required by subsection (a), and by reason of that failure, the summons is quashed in a proceeding described in subparagraph (B) or the reporting corporation is not able to provide the records requested in
the summons, the Secretary may apply the rules of paragraph (3) with respect to any transaction to which the records relate. (3) Applicable rules in cases of noncompliance If the rules of this paragraph apply to any transaction (A) the amount of the deduction allowed under subtitle A for any amount paid or incurred by the reporting corporation to the related party in connection with such transaction, and (B) the cost to the reporting corporation of any property acquired in such transaction from the related party (or transferred by such corporation in such transaction to the related party), shall be the amount determined by the Secretary in the Secretarys sole discretion from the Secretarys own knowledge or from such information as the Secretary may obtain through testimony or otherwise. (4) Judicial proceedings (A) Proceedings to quash Notwithstanding any law or rule of law, any reporting corporation to which the Secretary issues a summons referred to in paragraph (2)(A) shall have the right to begin a proceeding to quash such summons not later than the 90th day after such summons was issued. In any such proceeding, the Secretary may seek to compel compliance with such summons. (B) Review of secretarial determination of noncompliance Notwithstanding any law or rule of law, any reporting corporation which has been notified by the Secretary that the Secretary has determined that such corporation has not substantially complied with a summons referred to in paragraph (2) shall have the right to begin a proceeding to review such determination not later than the 90th day after the day on which the notice referred to in paragraph (2)(C) was mailed. If such a proceeding is not begun on or before such 90th day, such determination by the Secretary shall be binding and shall not be reviewed by any court. (C) Jurisdiction The United States district court for the district in which the person (to whom the summons is issued) resides or is found shall have jurisdiction to hear any proceeding brought under subparagraph (A) or (B). Any order or other determination in such a proceeding shall be treated as a final order which may be appealed. (D) Suspension of statute of limitations If the reporting corporation brings an action under subparagraph (A) or (B), the running of any period of limitations under section 6501(relating to assessment and collection of tax) or under section 6531(relating to criminal prosecutions) with respect to any affected taxable year shall be suspended for the period during which such proceeding, and appeals therein, are pending. In no event shall any such period expire before the 90th day after the day on which there is a final determination in such proceeding. For purposes of this subparagraph, the term affected taxable year means any taxable year if the determination of the amount of tax imposed for such taxable year is affected by the treatment of the transaction to which the summons relates. (f) Cross reference For provisions relating to criminal penalties for violation of this section, see section 7203.
6038B. Notice of certain transfers to foreign persons

(a) In general Each United States person who (1) transfers property to (A) a foreign corporation in an exchange described in section 332,351, 354, 355, 356, or 361, or (B) a foreign partnership in a contribution described in section 721 or in any other contribution described in regulations prescribed by the Secretary, or (2) makes a distribution described in section 336 to a person who is not a United States person,
shall furnish to the Secretary, at such time and in such manner as the Secretary shall by regulations prescribe, such information with respect to such exchange or distribution as the Secretary may require in such regulations. (b) Exceptions for certain transfers to foreign partnerships; special rule (1) Exceptions Subsection (a)(1)(B) shall apply to a transfer by a United States person to a foreign partnership only if (A) the United States person holds (immediately after the transfer) directly or indirectly at least a 10-percent interest (as defined in section 6046A (d)) in the partnership, or (B) the value of the property transferred (when added to the value of the property transferred by such person or any related person to such partnership or a related partnership during the 12-month period ending on the date of the transfer) exceeds $100,000. For purposes of the preceding sentence, the value of any transferred property is its fair market value at the time of its transfer. (2) Special rule If by reason of an adjustment under section 482 or otherwise, a contribution described in subsection (a)(1) is deemed to have been made, such contribution shall be treated for purposes of this section as having been made not earlier than the date specified by the Secretary. (c) Penalty for failure to furnish information (1) In general If any United States person fails to furnish the information described in subsection (a) at the time and in the manner required by regulations, such person shall pay a penalty equal to 10 percent of the fair market value of the property at the time of the exchange (and, in the case of a contribution described in subsection (a)(1)(B), such person shall recognize gain as if the contributed property had been sold for such value at the time of such contribution). (2) Reasonable cause exception Paragraph (1) shall not apply to any failure if the United States person shows such failure is due to reasonable cause and not to willful neglect. (3) Limit on penalty The penalty under paragraph (1) with respect to any exchange shall not exceed $100,000 unless the failure with respect to such exchange was due to intentional disregard.
6038C. Information with respect to foreign corporations engaged in U.S. business

(a) Requirement If a foreign corporation (hereinafter in this section referred to as the reporting corporation) is engaged in a trade or business within the United States at any time during a taxable year (1) such corporation shall furnish (at such time and in such manner as the Secretary shall by regulations prescribe) the information described in subsection (b), and (2) such corporation shall maintain (at the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to determine the liability of such corporation for tax under this title as the Secretary shall by regulations prescribe (or shall cause another person to so maintain such records). (b) Required information For purposes of subsection (a), the information described in this subsection is (1) the information described in section 6038A (b), and (2) such other information as the Secretary may prescribe by regulations relating to any item not directly connected with a transaction for which information is required under paragraph (1). (c) Penalty for failure to furnish information or maintain records The provisions of subsection (d) of section 6038A shall apply to (1) any failure to furnish (within the time prescribed by regulations) any information described in subsection (b), and
(2) any failure to maintain (or cause another to maintain) records as required by subsection (a), in the same manner as if such failure were a failure to comply with the provisions of section 6038A. (d) Enforcement of requests for certain records (1) Agreement to treat corporation as agent The rules of paragraph (3) shall apply to any transaction between the reporting corporation and any related party who is a foreign person unless such related party agrees (in such manner and at such time as the Secretary shall prescribe) to authorize the reporting corporation to act as such related partys limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to any request by the Secretary to examine records or produce testimony related to any such transaction or with respect to any summons by the Secretary for such records or testimony. The appearance of persons or production of records by reason of the reporting corporation being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of any transaction between the reporting corporation and such related party. (2) Rules where information not furnished If (A) for purposes of determining the amount of the reporting corporations liability for tax under this title, the Secretary issues a summons to such corporation to produce (either directly or as an agent for a related party who is a foreign person) any records or testimony, (B) such summons is not quashed in a proceeding begun under paragraph (4) of section 6038A (e) (as made applicable by paragraph (4) of this subsection) and is not determined to be invalid in a proceeding begun under section 7604 (b) to enforce such summons, and (C) the reporting corporation does not substantially comply in a timely manner with such summons and the Secretary has sent by certified or registered mail a notice to such reporting corporation that such reporting corporation has not so substantially complied, the Secretary may apply the rules of paragraph (3) with respect to any transaction or item to which such summons relates (whether or not the Secretary begins a proceeding to enforce such summons). If the reporting corporation fails to maintain (or cause another to maintain) records as required by subsection (a), and by reason of that failure, the summons is quashed in a proceeding described in subparagraph (B) or the reporting corporation is not able to provide the records requested in the summons, the Secretary may apply the rules of paragraph (3) with respect to any transaction or item to which the records relate. (3) Applicable rules If the rules of this paragraph apply to any transaction or item, the treatment of such transaction (or the amount and treatment of any such item) shall be determined by the Secretary in the Secretarys sole discretion from the Secretarys own knowledge or from such information as the Secretary may obtain through testimony or otherwise. (4) Judicial proceedings The provisions of section 6038A (e)(4) shall apply with respect to any summons referred to in paragraph (2)(A); except that subparagraph (D) of such section shall be applied by substituting transaction or item for transaction. (e) Definitions For purposes of this section, the terms related party, foreign person, and records have the respective meanings given to such terms by section 6038A(c).
6039. Returns required in connection with certain options

(a) Requirement of reporting Every corporation
(1) which in any calendar year transfers to any person a share of stock pursuant to such persons exercise of an incentive stock option, or (2) which in any calendar year records (or has by its agent recorded) a transfer of the legal title of a share of stock acquired by the transferor pursuant to his exercise of an option described in section 423 (c) (relating to special rule where option price is between 85 percent and 100 percent of value of stock), shall, for such calendar year, make a return at such time and in such manner, and setting forth such information, as the Secretary may by regulations prescribe. (b) Statements to be furnished to persons with respect to whom information is reported Every corporation making a return under subsection (a) shall furnish to each person whose name is set forth in such return a written statement setting forth such information as the Secretary may by regulations prescribe. The written statement required under the preceding sentence shall be furnished to such person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. (c) Special rules For purposes of this section (1) Treatment by employer to be determinative Any option which the corporation treats as an incentive stock option or an option granted under an employee stock purchase plan shall be deemed to be such an option. (2) Subsection (a)(2) applies only to first transfer described therein A statement is required by reason of a transfer described in subsection (a)(2) of a share only with respect to the first transfer of such share by the person who exercised the option. (3) Identification of stock Any corporation which transfers any share of stock pursuant to the exercise of any option described in subsection (a)(2) shall identify such stock in a manner adequate to carry out the purposes of this section. (d) Cross references For definition of (1) the term incentive stock option, see section 422 (b), and (2) the term employee stock purchase plan [1] see section 423 (b).
[1] So in original. Probably should be followed by a comma.
6039A. Repealed. Pub. L. 96223, title IV, 401(a), Apr. 2, 1980, 94 Stat. 299]
Section, added Pub. L. 94455, title XX, 2005(d)(1), Oct. 4, 1976, 90 Stat. 1877, related to information regarding carryover basis property acquired from a decedent. Repeal was achieved by repealing section 2005(d)(1) of Pub. L. 94455 and the amendments made by that section.
6039B. Repealed. Pub. L. 99514, title XIII, 1303(b)(5), Oct. 22, 1986, 100 Stat. 2658]
Section, added Pub. L. 95600, title VI, 601(b)(4), Nov. 6, 1978, 92 Stat. 2896; amended Pub. L. 96595, 3(b), Dec. 24, 1980, 94 Stat. 3466, related to returns of general stock ownership corporations.
6039C. Returns with respect to foreign persons holding direct investments in United States real property interests
(a) General rule To the extent provided in regulations, any foreign person holding direct investments in United States real property interests for the calendar year shall make a return setting forth (1) the name and address of such person, (2) a description of all United States real property interests held by such person at any time during the calendar year, and (3) such other information as the Secretary may by regulations prescribe. (b) Definition of foreign persons holding direct investments in United States real property interests For purposes of this section, a foreign person shall be treated as holding direct investments in United States real property interests during any calendar year if (1) such person did not engage in a trade or business in the United States at any time during such calendar year, and (2) the fair market value of the United States real property interests held directly by such person at any time during such year equals or exceeds $50,000. (c) Definitions and special rules For purposes of this section (1) United States real property interest The term United States real property interest has the meaning given to such term by section 897 (c). (2) Foreign person The term foreign person means any person who is not a United States person. (3) Attribution of ownership For purposes of subsection (b)(2) (A) Interests held by partnerships, etc. United States real property interests held by a partnership, trust, or estate shall be treated as owned proportionately by its partners or beneficiaries. (B) Interests held by family members United States real property interests held by the spouse or any minor child of an individual shall be treated as owned by such individual. (4) Time and manner of filing return All returns required to be made under this section shall be made at such time and in such manner as the Secretary shall by regulations prescribe. (d) Special rule for United States interest and Virgin Islands interest A nonresident alien individual or foreign corporation subject to tax under section 897 (a) (and any person required to withhold tax under section 1445) shall pay any tax and file any return required by this title (1) to the United States, in the case of any interest in real property located in the United States and an interest (other than an interest solely as a creditor) in a domestic corporation (with respect to the United States) described in section 897 (c)(1)(A)(ii), and (2) to the Virgin Islands, in the case of any interest in real property located in the Virgin Islands and an interest (other than an interest solely as a creditor) in a domestic corporation (with respect to the Virgin Islands) described in section 897 (c)(1)(A)(ii).
6039D. Returns and records with respect to certain fringe benefit plans
(a) In general
Every employer maintaining a specified fringe benefit plan during any year beginning after December 31, 1984, for any portion of which the applicable exclusion applies, shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) with respect to such plan showing for such year (1) the number of employees of the employer, (2) the number of employees of the employer eligible to participate under the plan, (3) the number of employees participating under the plan, (4) the total cost of the plan during the year, (5) the name, address, and taxpayer identification number of the employer and the type of business in which the employer is engaged, and (6) the number of highly compensated employees among the employees described in paragraphs (1), (2), and (3). (b) Recordkeeping requirement Each employer maintaining a specified fringe benefit plan during any year shall keep such records as may be necessary for purposes of determining whether the requirements of the applicable exclusion are met. (c) Additional information when required by the Secretary Any employer (1) who maintains a specified fringe benefit plan during any year for which a return is required under subsection (a), and (2) who is required by the Secretary to file an additional return for such year, shall file such additional return. Such additional return shall be filed at such time and in such manner as the Secretary shall prescribe and shall contain such information as the Secretary shall prescribe. The Secretary may require returns under this subsection only from a representative group of employers. (d) Definitions and special rules For purposes of this section (1) Specified fringe benefit plan The term specified fringe benefit plan means any plan under section 79,105, 106, 120, 125, 127, 129, or 137. (2) Applicable exclusion The term applicable exclusion means, with respect to any specified fringe benefit plan, the section specified under paragraph (1) under which benefits under such plan are excludable from gross income. (3) Special rule for multiemployer plans In the case of a multiemployer plan, the plan shall be required to provide any information required by this section which the Secretary determines, on the basis of the agreement between the plan and employer, is held by the plan (and not the employer).
6039E. Information concerning resident status

(a) General rule Notwithstanding any other provision of law, any individual who (1) applies for a United States passport (or a renewal thereof), or (2) applies to be lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, shall include with any such application a statement which includes the information described in subsection (b). (b) Information to be provided Information required under subsection (a) shall include (1) the taxpayers TIN (if any), (2) in the case of a passport applicant, any foreign country in which such individual is residing, (3) in the case of an individual seeking permanent residence, information with respect to whether such individual is required to file a return of the tax imposed by chapter 1 for such individuals most recent 3 taxable years, and
(4) such other information as the Secretary may prescribe. (c) Penalty Any individual failing to provide a statement required under subsection (a) shall be subject to a penalty equal to $500 for each such failure, unless it is shown that such failure is due to reasonable cause and not to willful neglect. (d) Information to be provided to Secretary Notwithstanding any other provision of law, any agency of the United States which collects (or is required to collect) the statement under subsection (a) shall (1) provide any such statement to the Secretary, and (2) provide to the Secretary the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a). Nothing in the preceding sentence shall be construed to require the disclosure of information which is subject to section 245A of the Immigration and Nationality Act (as in effect on the date of the enactment of this sentence). (e) Exemption The Secretary may by regulations exempt any class of individuals from the requirements of this section if he determines that applying this section to such individuals is not necessary to carry out the purposes of this section.
6039F. Notice of large gifts received from foreign persons

(a) In general If the value of the aggregate foreign gifts received by a United States person (other than an organization described in section 501 (c) and exempt from tax under section 501 (a)) during any taxable year exceeds $10,000, such United States person shall furnish (at such time and in such manner as the Secretary shall prescribe) such information as the Secretary may prescribe regarding each foreign gift received during such year. (b) Foreign gift For purposes of this section, the term foreign gift means any amount received from a person other than a United States person which the recipient treats as a gift or bequest. Such term shall not include any qualified transfer (within the meaning of section 2503 (e)(2)) or any distribution properly disclosed in a return under section 6048 (c). (c) Penalty for failure to file information (1) In general If a United States person fails to furnish the information required by subsection (a) with respect to any foreign gift within the time prescribed therefor (including extensions) (A) the tax consequences of the receipt of such gift shall be determined by the Secretary, and (B) such United States person shall pay (upon notice and demand by the Secretary and in the same manner as tax) an amount equal to 5 percent of the amount of such foreign gift for each month for which the failure continues (not to exceed 25 percent of such amount in the aggregate). (2) Reasonable cause exception Paragraph (1) shall not apply to any failure to report a foreign gift if the United States person shows that the failure is due to reasonable cause and not due to willful neglect. (d) Cost-of-living adjustment In the case of any taxable year beginning after December 31, 1996, the $10,000 amount under subsection (a) shall be increased by an amount equal to the product of such amount and the cost-of-living adjustment for such taxable year under section 1 (f)(3), except that subparagraph (B) thereof shall be applied by substituting 1995 for 1992. (e) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
6039G. Information on individuals losing United States citizenship

(a) In general Notwithstanding any other provision of law, any individual to whom section877 (b) or 877A applies for any taxable year shall provide a statement for such taxable year which includes the information described in subsection (b). (b) Information to be provided Information required under subsection (a) shall include (1) the taxpayers TIN, (2) the mailing address of such individuals principal foreign residence, (3) the foreign country in which such individual is residing, (4) the foreign country of which such individual is a citizen, (5) information detailing the income, assets, and liabilities of such individual, (6) the number of days during any portion of which that the individual was physically present in the United States during the taxable year, and (7) such other information as the Secretary may prescribe. (c) Penalty If (1) an individual is required to file a statement under subsection (a) for any taxable year, and (2) fails to file such a statement with the Secretary on or before the date such statement is required to be filed or fails to include all the information required to be shown on the statement or includes incorrect information, such individual shall pay a penalty of $10,000 unless it is shown that such failure is due to reasonable cause and not to willful neglect. (d) Information to be provided to Secretary Notwithstanding any other provision of law (1) any Federal agency or court which collects (or is required to collect) the statement under subsection (a) shall provide to the Secretary (A) a copy of any such statement, and (B) the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a), (2) the Secretary of State shall provide to the Secretary a copy of each certificate as to the loss of American nationality under section 358 of the Immigration and Nationality Act which is approved by the Secretary of State, and (3) the Federal agency primarily responsible for administering the immigration laws shall provide to the Secretary the name of each lawful permanent resident of the United States (within the meaning of section7701 (b)(6)) whose status as such has been revoked or has been administratively or judicially determined to have been abandoned. Notwithstanding any other provision of law, not later than 30 days after the close of each calendar quarter, the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877 (a) or 877A) with respect to whom the Secretary receives information under the preceding sentence during such quarter.
6039H. Information with respect to Alaska Native Settlement Trusts and sponsoring Native Corporations
(a) Requirement
The fiduciary of an electing Settlement Trust (as defined in section 646 (h)(1)) shall include with the return of income of the trust a statement containing the information required under subsection (c). (b) Application with other requirements The filing of any statement under this section shall be in lieu of the reporting requirements under section 6034A to furnish any statement to a beneficiary regarding amounts distributed to such beneficiary (and such other reporting rules as the Secretary deems appropriate). (c) Required information The information required under this subsection shall include (1) the amount of distributions made during the taxable year to each beneficiary, (2) the treatment of such distribution under the applicable provision of section 646, including the amount that is excludable from the recipient beneficiarys gross income under section 646, and (3) the amount (if any) of any distribution during such year that is deemed to have been made by the sponsoring Native Corporation (as defined in section 646 (h)(5)). (d) Sponsoring Native Corporation (1) In general The electing Settlement Trust shall, on or before the date on which the statement under subsection (a) is required to be filed, furnish such statement to the sponsoring Native Corporation (as so defined). (2) Distributees The sponsoring Native Corporation shall furnish each recipient of a distribution described in section 646 (e)(3) a statement containing the amount deemed to have been distributed to such recipient by such corporation for the taxable year.
6039I. Returns and records with respect to employer-owned life insurance contracts
(a) In general Every applicable policyholder owning 1 or more employer-owned life insurance contracts issued after the date of the enactment of this section shall file a return (at such time and in such manner as the Secretary shall by regulations prescribe) showing for each year such contracts are owned (1) the number of employees of the applicable policyholder at the end of the year, (2) the number of such employees insured under such contracts at the end of the year, (3) the total amount of insurance in force at the end of the year under such contracts, (4) the name, address, and taxpayer identification number of the applicable policyholder and the type of business in which the policyholder is engaged, and (5) that the applicable policyholder has a valid consent for each insured employee (or, if all such consents are not obtained, the number of insured employees for whom such consent was not obtained). (b) Recordkeeping requirement Each applicable policyholder owning 1 or more employer-owned life insurance contracts during any year shall keep such records as may be necessary for purposes of determining whether the requirements of this section and section101 (j) are met. (c) Definitions Any term used in this section which is used in section 101 (j) shall have the same meaning given such term by section 101 (j).
6039J. Information reporting with respect to Commodity Credit Corporation transactions

(a) Requirement of reporting The Commodity Credit Corporation, through the Secretary of Agriculture, shall make a return, according to the forms and regulations prescribed by the Secretary of the Treasury, setting forth any market gain realized by a taxpayer during the taxable year in relation to the repayment of a loan issued by the Commodity Credit Corporation, without regard to the manner in which such loan was repaid. (b) Statements to be furnished to persons with respect to whom information is required The Secretary of Agriculture shall furnish to each person whose name is required to be set forth in a return required under subsection (a) a written statement showing the amount of market gain reported in such return.
6040. Cross references

(1) For the notice required of persons acting in a fiduciary capacity for taxpayers or for transferees, see sections 6212, 6901 (g), and 6903. (2) For application by fiduciary for determination of tax and discharge from personal liability therefor, see section 2204. (3) For the notice required of taxpayers for redetermination of taxes claimed as credits, see sections 905 (c) and 2016. (4) For exemption certificates required to be furnished to employers by employees, see section 3402 (f)(2), (3), (4), and (5). (5) For receipts, constituting information returns, required to be furnished to employees, see section 6051. [(6) Repealed. Pub. L. 8944, title III, 305(b), June 21, 1965, 79 Stat. 148] (7) For information required with respect to the redemption of stamps, see section 6805. (8) For the statement required to be filed by a corporation expecting a net operating loss carryback or unused excess profits credit carryback, see section6164. (9) For the application, which a taxpayer may file for a tentative carryback adjustment of income taxes, see section 6411.
Subpart BInformation Concerning Transactions With Other Persons

6041. Information at source 6041A. Returns regarding payments of remuneration for services and direct
sales 6042. Returns regarding payments of dividends and corporate earnings and profits 6043. Liquidating, etc., transactions 6043A. Returns relating to taxable mergers and acquisitions 6044. Returns regarding payments of patronage dividends 6045. Returns of brokers
6045A. Information required in connection with transfers of covered securities to brokers

6045B. Returns relating to actions affecting basis of specified securities
6046. Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock 6046A. Returns as to interests in foreign partnerships 6047. Information relating to certain trusts and annuity plans 6048. Information with respect to certain foreign trusts 6049. Returns regarding payments of interest [ 6050. Repealed.] 6050A. Reporting requirements of certain fishing boat operators 6050B. Returns relating to unemployment compensation [ 6050C. Repealed.] 6050D. Returns relating to energy grants and financing 6050E. State and local income tax refunds 6050F. Returns relating to social security benefits 6050G. Returns relating to certain railroad retirement benefits
6050H. Returns relating to mortgage interest received in trade or business from individuals 6050I. Returns relating to cash received in trade or business, etc. 6050J. Returns relating to foreclosures and abandonments of security 6050K. Returns relating to exchanges of certain partnership interests 6050L. Returns relating to certain donated property
6050M. Returns relating to persons receiving contracts from Federal executive agencies 6050N. Returns regarding payments of royalties
6050P. Returns relating to the cancellation of indebtedness by certain entities 6050Q. Certain long-term care benefits 6050R. Returns relating to certain purchases of fish 6050S. Returns relating to higher education tuition and related expenses
6050T. Returns relating to credit for health insurance costs of eligible individuals 6050U. Charges or payments for qualified long-term care insurance contracts under combined arrangements
6050V. Returns relating to applicable insurance contracts in which certain exempt organizations hold interests

6050W. Returns relating to payments made in settlement of payment card and third party network transactions
6041. Information at source

(a) Payments of $600 or more All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section 6042 (a)(1), 6044 (a)(1), 6047 (e), 6049 (a), or 6050N (a)applies, and other than payments with respect to which a statement is required under the authority of section 6042 (a)(2), 6044 (a)(2), or 6045), of $600 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment. (b) Collection of foreign items In the case of collections of items (not payable in the United States) of interest upon the bonds of foreign countries and interest upon the bonds of and dividends from foreign corporations by any person undertaking as a matter of business or for profit the collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange, such person shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the amount paid and the name and address of the recipient of each such payment. (c) Recipient to furnish name and address When necessary to make effective the provisions of this section, the name and address of the recipient of income shall be furnished upon demand of the person paying the income. (d) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each person with respect to whom such a return is required a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the aggregate amount of payments to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. To the extent provided in regulations prescribed by the Secretary, this subsection shall also apply to persons required to make returns under subsection (b). (e) Section does not apply to certain tips This section shall not apply to tips with respect to which section 6053 (a)(relating to reporting of tips) applies. (f) Section does not apply to certain health arrangements This section shall not apply to any payment for medical care (as defined in section 213 (d)) made under (1) a flexible spending arrangement (as defined in section 106 (c)(2)), or (2) a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section106. (g) Nonqualified deferred compensation Subsection (a) shall apply to
(1) any deferrals for the year under a nonqualified deferred compensation plan (within the meaning of section 409A (d)), whether or not paid, except that this paragraph shall not apply to deferrals which are required to be reported under section 6051 (a)(13) (without regard to any de minimis exception), and (2) any amount includible under section 409A and which is not treated as wages under section 3401 (a).
6041A. Returns regarding payments of remuneration for services and direct sales
(a) Returns regarding remuneration for services If (1) any service-recipient engaged in a trade or business pays in the course of such trade or business during any calendar year remuneration to any person for services performed by such person, and (2) the aggregate of such remuneration paid to such person during such calendar year is $600 or more, then the service-recipient shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the recipient of such payments. For purposes of the preceding sentence, the term service-recipient means the person for whom the service is performed. (b) Direct sales of $5,000 or more (1) In general If (A) any person engaged in a trade or business in the course of such trade or business during any calendar year sells consumer products to any buyer on a buy-sell basis, a depositcommission basis, or any similar basis which the Secretary prescribes by regulations, for resale (by the buyer or any other person) in the home or otherwise than in a permanent retail establishment, and (B) the aggregate amount of the sales to such buyer during such calendar year is $5,000 or more, then such person shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the name and address of the buyer to whom such sales are made. (2) Definitions For purposes of paragraph (1) (A) Buy-sell basis A transaction is on a buy-sell basis if the buyer performing the services is entitled to retain part or all of the difference between the price at which the buyer purchases the product and the price at which the buyer sells the product as part or all of the buyers remuneration for the services, and (B) Deposit-commission basis A transaction is on a deposit-commission basis if the buyer performing the services is entitled to retain part or all of a purchase deposit paid by the consumer in connection with the transaction as part or all of the buyers remuneration for the services. (c) Certain services not included No return shall be required under subsection (a) or (b) if a statement with respect to the services is required to be furnished under section 6051, 6052, or 6053. (d) Applications to governmental units (1) Treated as persons The term person includes any governmental unit (and any agency or instrumentality thereof). (2) Special rules
In the case of any payment by a governmental entity or any agency or instrumentality thereof (A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and (B) any return under this section shall be made by the officer or employee having control of the payment or appropriately designated for the purpose of making such return. (3) Payments to corporations by Federal executive agencies (A) In general Notwithstanding any regulation prescribed by the Secretary before the date of the enactment of this paragraph, subsection (a) shall apply to remuneration paid to a corporation by any Federal executive agency (as defined in section 6050M (b)). (B) Exception Subparagraph (A) shall not apply to (i) services under contracts described in section 6050M (e)(3)with respect to which the requirements of section 6050M (e)(2)are met, and (ii) such other services as the Secretary may specify in regulations prescribed after the date of the enactment of this paragraph. (e) Statements to be furnished to persons with respect to whom information is required to be furnished Every person required to make a return under subsection (a) or (b) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) in the case of subsection (a), the aggregate amount of payments to the person required to be shown on such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. (f) Recipient to furnish name, address, and identification number; inclusion on return (1) Furnishing of information Any person with respect to whom a return or statement is required under this section to be made by another person shall furnish to such other person his name, address, and identification number at such time and in such manner as the Secretary may prescribe by regulations. (2) Inclusion on return The person to whom an identification number is furnished under paragraph (1) shall include such number on any return which such person is required to file under this section and to which such identification number relates.
6042. Returns regarding payments of dividends and corporate earnings and profits
(a) Requirement of reporting (1) In general Every person (A) who makes payments of dividends aggregating $10 or more to any other person during any calendar year, or (B) who receives payments of dividends as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the dividends so received, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (2) Returns required by the Secretary
Every person who makes payments of dividends aggregating less than $10 to any other person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments, and the name and address of the person to whom paid. (b) Dividend defined (1) General rule For purposes of this section, the term dividend means (A) any distribution by a corporation which is a dividend (as defined in section 316); and (B) any payment made by a stockbroker to any person as a substitute for a dividend (as so defined). (2) Exceptions For purposes of this section, the term dividend does not include any distribution or payment (A) to the extent provided in regulations prescribed by the Secretary (i) by a foreign corporation, or (ii) to a foreign corporation, a nonresident alien, or a partnership not engaged in a trade or business in the United States and composed in whole or in part of nonresident aliens, or (B) except to the extent otherwise provided in regulations prescribed by the Secretary, to any person described in section 6049 (b)(4). (3) Special rule If the person making any payment described in subsection (a)(1)(A) or (B) is unable to determine the portion of such payment which is a dividend or is paid with respect to a dividend, he shall, for purposes of subsection (a)(1), treat the entire amount of such payment as a dividend or as an amount paid with respect to a dividend. (c) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the aggregate amount of payments to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made and shall be in such form as the Secretary may prescribe by regulations. (d) Statements to be furnished by corporations to Secretary Every corporation shall, when required by the Secretary (1) furnish to the Secretary a statement stating the name and address of each shareholder, and the number of shares owned by each shareholder; (2) furnish to the Secretary a statement of such facts as will enable him to determine the portion of the earnings and profits of the corporation (including gains, profits, and income not taxed) accumulated during such periods as the Secretary may specify, which have been distributed or ordered to be distributed, respectively, to its shareholders during such taxable years as the Secretary may specify; and (3) furnish to the Secretary a statement of its accumulated earnings and profits and the names and addresses of the individuals or shareholders who would be entitled to such accumulated earnings and profits if divided or distributed, and of the amounts that would be payable to each.
6043. Liquidating, etc., transactions

(a) Corporate liquidating, etc., transactions Every corporation shall
(1) Within 30 days after the adoption by the corporation of a resolution or plan for the dissolution of the corporation or for the liquidation of the whole or any part of its capital stock, make a return setting forth the terms of such resolution or plan and such other information as the Secretary shall by forms or regulations prescribe; and (2) When required by the Secretary, make a return regarding its distributions in liquidation, stating the name and address of, the number and class of shares owned by, and the amount paid to, each shareholder, or, if the distribution is in property other than money, the fair market value (as of the date the distribution is made) of the property distributed to each shareholder. (b) Exempt organizations Every organization which for any of its last 5 taxable years preceding its liquidation, dissolution, termination, or substantial contraction was exempt from taxation under section 501 (a) shall file such return and other information with respect to such liquidation, dissolution, termination, or substantial contraction as the Secretary shall by forms or regulations prescribe; except that (1) no return shall be required under this subsection from churches, their integrated auxiliaries, conventions or associations of churches, or any organization which is not a private foundation (as defined in section 509(a)) and the gross receipts of which in each taxable year are normally not more than $5,000, and (2) the Secretary may relieve any organization from such filing where he determines that such filing is not necessary to the efficient administration of the internal revenue laws or, with respect to an organization described in section 401 (a), where the employer who established such organization files such a return. (c) Changes in control and recapitalizations If (1) control (as defined in section 304(c)(1)) of a corporation is acquired by any person (or group of persons) in a transaction (or series of related transactions), or (2) there is a recapitalization of a corporation or other substantial change in the capital structure of a corporation, when required by the Secretary, such corporation shall make a return (at such time and in such manner as the Secretary may prescribe) setting forth the identity of the parties to the transaction, the fees involved, the changes in the capital structure involved, and such other information as the Secretary may require with respect to such transaction. (d) Cross references For provisions relating to penalties for failure to file (1) a return under subsection (b), see section 6652 (c), or (2) a return under subsection (c), see section 6652 (1).[1]
[1] So in original. Probably should be section 6652(l).
6043A. Returns relating to taxable mergers and acquisitions

(a) In general According to the forms or regulations prescribed by the Secretary, the acquiring corporation in any taxable acquisition shall make a return setting forth (1) a description of the acquisition, (2) the name and address of each shareholder of the acquired corporation who is required to recognize gain (if any) as a result of the acquisition, (3) the amount of money and the fair market value of other property transferred to each such shareholder as part of such acquisition, and (4) such other information as the Secretary may prescribe.
To the extent provided by the Secretary, the requirements of this section applicable to the acquiring corporation shall be applicable to the acquired corporation and not to the acquiring corporation. (b) Nominees According to the forms or regulations prescribed by the Secretary: (1) Reporting Any person who holds stock as a nominee for another person shall furnish in the manner prescribed by the Secretary to such other person the information provided by the corporation under subsection (d). (2) Reporting to nominees In the case of stock held by any person as a nominee, references in this section (other than in subsection (c)) to a shareholder shall be treated as a reference to the nominee. (c) Taxable acquisition For purposes of this section, the term taxable acquisition means any acquisition by a corporation of stock in or property of another corporation if any shareholder of the acquired corporation is required to recognize gain (if any) as a result of such acquisition. (d) Statements to be furnished to shareholders According to the forms or regulations prescribed by the Secretary, every person required to make a return under subsection (a) shall furnish to each shareholder whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, (2) the information required to be shown on such return with respect to such shareholder, and (3) such other information as the Secretary may prescribe. The written statement required under the preceding sentence shall be furnished to the shareholder on or before January 31 of the year following the calendar year during which the taxable acquisition occurred.
6044. Returns regarding payments of patronage dividends

(a) Requirement of reporting (1) In general Except as otherwise provided in this section, every cooperative to which part I of subchapter T of chapter 1 applies, which makes payments of amounts described in subsection (b) aggregating $10 or more to any person during any calendar year, shall make a return according to the forms of regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (2) Returns required by the Secretary Every such cooperative which makes payments of amounts described in subsection (b) aggregating less than $10 to any person during any calendar year shall, when required by the Secretary, make a return setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (b) Amounts subject to reporting (1) General rule Except as otherwise provided in this section, the amounts subject to reporting under subsection (a) are (A) the amount of any patronage dividend (as defined in section1388 (a)) which is paid in money, qualified written notices of allocation (as defined in section 1388 (c)), or other property (except nonqualified written notices of allocation as defined in section 1388 (d)), (B) any amount described in section 1382 (c)(2)(A) (relating to certain nonpatronage distributions) which is paid in money, qualified written notices of allocation, or other property (except nonqualified written notices of allocation) by an organization exempt from tax under section 521 (relating to exemption of farmers cooperatives from tax),
(C) any amount described in section 1382 (b)(2) (relating to redemption of nonqualified written notices of allocation) and, in the case of an organization described in section 1381 (a) (1), any amount described in section 1382 (c)(2)(B) (relating to redemption of nonqualified written notices of allocation paid with respect to earnings derived from sources other than patronage), and (D) the amount of any per-unit retain allocation (as defined in section1388 (f)) which is paid in qualified per-unit retain certificates (as defined in section 1388 (h)), and (E) any amount described in section 1382 (b)(4) (relating to redemption of nonqualified perunit retain certificates). (2) Exceptions The provisions of subsection (a) shall not apply, to the extent provided in regulations prescribed by the Secretary, to any payment (A) by a foreign corporation, or (B) to a foreign corporation, a nonresident alien, or a partnership not engaged in trade or business in the United States and composed in whole or in part of nonresident aliens. (c) Exemption for certain consumer cooperatives A cooperative which the Secretary determines is primarily engaged in selling at retail goods or services of a type that are generally for personal, living, or family use shall, upon application to the Secretary, be granted exemption from the reporting requirements imposed by subsection (a). Application for exemption under this subsection shall be made in accordance with regulations prescribed by the Secretary. (d) Determination of amount paid For purposes of this section, in determining the amount of any payment (1) property (other than a qualified written notice of allocation or a qualified per-unit retain certificate) shall be taken into account at its fair market value, and (2) a qualified written notice of allocation or a qualified per-unit retain certificate shall be taken into account at its stated dollar amount. (e) Statements to be furnished to persons with respect to whom information is required Every cooperative required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the cooperative required to make such return, and (2) the aggregate amount of payments to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made and shall be in such form as the Secretary may prescribe by regulations.
6045. Returns of brokers

(a) General rule Every person doing business as a broker shall, when required by the Secretary, make a return, in accordance with such regulations as the Secretary may prescribe, showing the name and address of each customer, with such details regarding gross proceeds and such other information as the Secretary may by forms or regulations require with respect to such business. (b) Statements to be furnished to customers Every person required to make a return under subsection (a) shall furnish to each customer whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return with respect to such customer.
The written statement required under the preceding sentence shall be furnished to the customer on or before February 15 of the year following the calendar year for which the return under subsection (a) was required to be made. In the case of a consolidated reporting statement (as defined in regulations) with respect to any customer, any statement which would otherwise be required to be furnished on or before January 31 of a calendar year with respect to any item reportable to the taxpayer shall instead be required to be furnished on or before February 15 of such calendar year if furnished with such consolidated reporting statement. (c) Definitions For purposes of this section (1) Broker The term broker includes (A) a dealer, (B) a barter exchange, and (C) any other person who (for a consideration) regularly acts as a middleman with respect to property or services. A person shall not be treated as a broker with respect to activities consisting of managing a farm on behalf of another person. (2) Customer The term customer means any person for whom the broker has transacted any business. (3) Barter exchange The term barter exchange means any organization of members providing property or services who jointly contract to trade or barter such property or services. (4) Person The term person includes any governmental unit and any agency or instrumentality thereof. (d) Statements required in case of certain substitute payments If any broker (1) transfers securities of a customer for use in a short sale or similar transaction, and (2) receives (on behalf of the customer) a payment in lieu of (A) a dividend, (B) tax-exempt interest, or (C) such other items as the Secretary may prescribe by regulations, during the period such short sale or similar transaction is open, the broker shall furnish such customer a written statement (in the manner as the Secretary shall prescribe by regulations) identifying such payment as being in lieu of the dividend, tax-exempt interest, or such other item. The written statement required under the preceding sentence shall be furnished on or before February 15 of the year following the calendar year in which the payment was made. The Secretary may prescribe regulations which require the broker to make a return which includes the information contained in such written statement. (e) Return required in the case of real estate transactions (1) In general In the case of a real estate transaction, the real estate reporting person shall file a return under subsection (a) and a statement under subsection (b) with respect to such transaction. (2) Real estate reporting person For purposes of this subsection, the term real estate reporting person means any of the following persons involved in a real estate transaction in the following order: (A) the person (including any attorney or title company) responsible for closing the transaction, (B) the mortgage lender, (C) the sellers broker, (D) the buyers broker, or (E) such other person designated in regulations prescribed by the Secretary. Any person treated as a real estate reporting person under the preceding sentence shall be treated as a broker for purposes of subsection (c)(1). (3) Prohibition of separate charge for filing return It shall be unlawful for any real estate reporting person to separately charge any customer for complying with any requirement of paragraph (1). Nothing in this paragraph shall be construed to prohibit the real estate reporting person from taking into account its cost of
complying with such requirement in establishing its charge (other than a separate charge for complying with such requirement) to any customer for performing services in the case of a real estate transaction. (4) Additional information required In the case of a real estate transaction involving a residence, the real estate reporting person shall include the following information on the return under subsection (a) and on the statement under subsection (b): (A) The portion of any real property tax which is treated as a tax imposed on the purchaser by reason of section 164 (d)(1)(B). (B) Whether or not the financing (if any) of the seller was federally-subsidized indebtedness (as defined in section 143 (m)(3)). (5) Exception for sales or exchanges of certain principal residences (A) In general Paragraph (1) shall not apply to any sale or exchange of a residence for $250,000 or less if the person referred to in paragraph (2) receives written assurance in a form acceptable to the Secretary from the seller that (i) such residence is the principal residence (within the meaning of section 121) of the seller, (ii) if the Secretary requires the inclusion on the return under subsection (a) of information as to whether there is federally subsidized mortgage financing assistance with respect to the mortgage on residences, that there is no such assistance with respect to the mortgage on such residence, and (iii) the full amount of the gain on such sale or exchange is excludable from gross income under section 121. If such assurance includes an assurance that the seller is married, the preceding sentence shall be applied by substituting $500,000 for $250,000. The Secretary may by regulation increase the dollar amounts under this subparagraph if the Secretary determines that such an increase will not materially reduce revenues to the Treasury. (B) Seller For purposes of this paragraph, the term seller includes the person relinquishing the residence in an exchange. (f) Return required in the case of payments to attorneys (1) In general Any person engaged in a trade or business and making a payment (in the course of such trade or business) to which this subsection applies shall file a return under subsection (a) and a statement under subsection (b) with respect to such payment. (2) Application of subsection (A) In general This subsection shall apply to any payment to an attorney in connection with legal services (whether or not such services are performed for the payor). (B) Exception This subsection shall not apply to the portion of any payment which is required to be reported under section 6041 (a) (or would be so required but for the dollar limitation contained therein) or section6051. (g) Additional information required in the case of securities transactions, etc. (1) In general If a broker is otherwise required to make a return under subsection (a) with respect to the gross proceeds of the sale of a covered security, the broker shall include in such return the information described in paragraph (2). (2) Additional information required (A) In general The information required under paragraph (1) to be shown on a return with respect to a covered security of a customer shall include the customers adjusted basis in such security and whether any gain or loss with respect to such security is long-term or short-term (within the meaning of section 1222). (B) Determination of adjusted basis For purposes of subparagraph (A) (i) In general The customers adjusted basis shall be determined
(I) in the case of any security (other than any stock for which an average basis method is permissible under section 1012), in accordance with the first-in first-out method unless the customer notifies the broker by means of making an adequate identification of the stock sold or transferred, and (II) in the case of any stock for which an average basis method is permissible under section 1012, in accordance with the brokers default method unless the customer notifies the broker that he elects another acceptable method under section 1012 with respect to the account in which such stock is held. (ii) Exception for wash sales Except as otherwise provided by the Secretary, the customers adjusted basis shall be determined without regard to section 1091 (relating to loss from wash sales of stock or securities) unless the transactions occur in the same account with respect to identical securities. (3) Covered security For purposes of this subsection (A) In general The term covered security means any specified security acquired on or after the applicable date if such security (i) was acquired through a transaction in the account in which such security is held, or (ii) was transferred to such account from an account in which such security was a covered security, but only if the broker received a statement under section 6045A with respect to the transfer. (B) Specified security The term specified security means (i) any share of stock in a corporation, (ii) any note, bond, debenture, or other evidence of indebtedness, (iii) any commodity, or contract or derivative with respect to such commodity, if the Secretary determines that adjusted basis reporting is appropriate for purposes of this subsection, and (iv) any other financial instrument with respect to which the Secretary determines that adjusted basis reporting is appropriate for purposes of this subsection. (C) Applicable date The term applicable date means (i) January 1, 2011, in the case of any specified security which is stock in a corporation (other than any stock described in clause (ii)), (ii) January 1, 2012, in the case of any stock for which an average basis method is permissible under section 1012, and (iii) January 1, 2013, or such later date determined by the Secretary in the case of any other specified security. (4) Treatment of S corporations In the case of the sale of a covered security acquired by an S corporation (other than a financial institution) after December 31, 2011, such S corporation shall be treated in the same manner as a partnership for purposes of this section. (5) Special rules for short sales In the case of a short sale, reporting under this section shall be made for the year in which such sale is closed. (h) Application to options on securities (1) Exercise of option For purposes of this section, if a covered security is acquired or disposed of pursuant to the exercise of an option that was granted or acquired in the same account as the covered security, the amount received with respect to the grant or paid with respect to the acquisition of such option shall be treated as an adjustment to gross proceeds or as an adjustment to basis, as the case may be. (2) Lapse or closing transaction In the case of the lapse (or closing transaction (as defined in section1234 (b)(2)(A))) of an option on a specified security or the exercise of a cash-settled option on a specified security, reporting under subsections (a) and (g) with respect to such option shall be made for the calendar year which includes the date of such lapse, closing transaction, or exercise. (3) Prospective application
Paragraphs (1) and (2) shall not apply to any option which is granted or acquired before January 1, 2013. (4) Definitions For purposes of this subsection, the terms covered security and specified security shall have the meanings given such terms in subsection (g)(3).
6045A. Information required in connection with transfers of covered securities to brokers

(a) Furnishing of information Every applicable person which transfers to a broker (as defined in section6045 (c)(1)) a security which is a covered security (as defined in section 6045(g)(3)) in the hands of such applicable person shall furnish to such broker a written statement in such manner and setting forth such information as the Secretary may by regulations prescribe for purposes of enabling such broker to meet the requirements of section 6045 (g). (b) Applicable person For purposes of subsection (a), the term applicable person means (1) any broker (as defined in section 6045 (c)(1)), and (2) any other person as provided by the Secretary in regulations. (c) Time for furnishing statement Except as otherwise provided by the Secretary, any statement required by subsection (a) shall be furnished not later than 15 days after the date of the transfer described in such subsection.
6045B. Returns relating to actions affecting basis of specified securities

(a) In general According to the forms or regulations prescribed by the Secretary, any issuer of a specified security shall make a return setting forth (1) a description of any organizational action which affects the basis of such specified security of such issuer, (2) the quantitative effect on the basis of such specified security resulting from such action, and (3) such other information as the Secretary may prescribe. (b) Time for filing return Any return required by subsection (a) shall be filed not later than the earlier of (1) 45 days after the date of the action described in subsection (a), or (2) January 15 of the year following the calendar year during which such action occurred. (c) Statements to be furnished to holders of specified securities or their nominees According to the forms or regulations prescribed by the Secretary, every person required to make a return under subsection (a) with respect to a specified security shall furnish to the nominee with respect to the specified security (or certificate holder if there is no nominee) a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, (2) the information required to be shown on such return with respect to such security, and (3) such other information as the Secretary may prescribe.
The written statement required under the preceding sentence shall be furnished to the holder on or before January 15 of the year following the calendar year during which the action described in subsection (a) occurred. (d) Specified security For purposes of this section, the term specified security has the meaning given such term by section 6045 (g)(3)(B). No return shall be required under this section with respect to actions described in subsection (a) with respect to a specified security which occur before the applicable date (as defined in section 6045 (g)(3)(C)) with respect to such security. (e) Public reporting in lieu of return The Secretary may waive the requirements under subsections (a) and (c) with respect to a specified security, if the person required to make the return under subsection (a) makes publicly available, in such form and manner as the Secretary determines necessary to carry out the purposes of this section (1) the name, address, phone number, and email address of the information contact of such person, and (2) the information described in paragraphs (1), (2), and (3) of subsection (a).
6046. Returns as to organization or reorganization of foreign corporations and as to acquisitions of their stock
(a) Requirement of return (1) In general A return complying with the requirements of subsection (b) shall be made by (A) each United States citizen or resident who becomes an officer or director of a foreign corporation if a United States person (as defined in section 7701 (a)(30)) meets the stock ownership requirements of paragraph (2) with respect to such corporation, (B) each United States person (i) who acquires stock which, when added to any stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, or (ii) who acquires stock which, without regard to stock owned on the date of such acquisition, meets the stock ownership requirements of paragraph (2) with respect to a foreign corporation, (C) each person (not described in subparagraph (B)) who is treated as a United States shareholder under section 953 (c) with respect to a foreign corporation, and (D) each person who becomes a United States person while meeting the stock ownership requirements of paragraph (2) with respect to stock of a foreign corporation. In the case of a foreign corporation with respect to which any person is treated as a United States shareholder under section 953 (c), subparagraph (A) shall be treated as including a reference to each United States person who is an officer or director of such corporation. (2) Stock ownership requirements A person meets the stock ownership requirements of this paragraph with respect to any corporation if such person owns 10 percent or more of (A) the total combined voting power of all classes of stock of such corporation entitled to vote, or (B) the total value of the stock of such corporation. (b) Form and contents of returns The returns required by subsection (a) shall be in such form and shall set forth, in respect of the foreign corporation, such information as the Secretary prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws, except that in the case of
persons described only in subsection (a)(1)(A) the information required shall be limited to the names and addresses of persons described in subparagraph (B) or (C) of subsection (a)(1). (c) Ownership of stock For purposes of subsection (a), stock owned directly or indirectly by a person (including, in the case of an individual, stock owned by members of his family) shall be taken into account. For purposes of the preceding sentence, the family of an individual shall be considered as including only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. (d) Time for filing Any return required by subsection (a) shall be filed on or before the 90th day after the day on which, under any provision of subsection (a), the United States citizen, resident, or person becomes liable to file such return (or on or before such later day as the Secretary may by forms or regulations prescribe). (e) Limitation No information shall be required to be furnished under this section with respect to any foreign corporation unless such information was required to be furnished under regulations which have been in effect for at least 90 days before the date on which the United States citizen, resident, or person becomes liable to file a return required under subsection (a). (f) Cross reference For provisions relating to penalties for violations of this section, sections6679 and 7203.
6046A. Returns as to interests in foreign partnerships

(a) Requirement of return Any United States person, except to the extent otherwise provided by regulations (1) who acquires any interest in a foreign partnership, (2) who disposes of any portion of his interest in a foreign partnership, or (3) whose proportional interest in a foreign partnership changes substantially, shall file a return. Paragraphs (1) and (2) shall apply to any acquisition or disposition only if the United States person directly or indirectly holds at least a 10-percent interest in such partnership either before or after such acquisition or disposition, and paragraph (3) shall apply to any change only if the change is equivalent to at least a 10-percent interest in such partnership. (b) Form and contents of return Any return required by subsection (a) shall be in such form and set forth such information as the Secretary shall by regulations prescribe. (c) Time for filing return Any return required by subsection (a) shall be filed on or before the 90th day (or on or before such later day as the Secretary may by regulations prescribe) after the day on which the United States person becomes liable to file such return. (d) 10-percent interest For purposes of subsection (a), a 10-percent interest in a partnership is an interest described in section 6038 (e)(3)(C). (e) Cross reference For provisions relating to penalties for violations of this section, see sections 6679 and 7203.
6047. Information relating to certain trusts and annuity plans

(a) Trustees and insurance companies The trustee of a trust described in section 401 (a) which is exempt from tax under section 501 (a) to which contributions have been paid under a plan on behalf of any owneremployee (as defined in section 401 (c)(3)), and each insurance company or other person which is the issuer of a contract purchased by such a trust, or purchased under a plan described in section403 (a), contributions for which have been paid on behalf of any owneremployee, shall file such returns (in such form and at such times), keep such records, make such identification of contracts and funds (and accounts within such funds), and supply such information, as the Secretary shall by forms or regulations prescribe. (b) Owner-employees Every individual on whose behalf contributions have been paid as an owner-employee (as defined in section 401 (c)(3)) (1) to a trust described in section 401 (a) which is exempt from tax under section 501 (a), or (2) to an insurance company or other person under a plan described in section 403 (a), shall furnish the trustee, insurance company, or other person, as the case may be, such information at such times and in such form and manner as the Secretary shall prescribe by forms or regulations. (c) Other programs To the extent provided by regulations prescribed by the Secretary, the provisions of this section apply with respect to any payment described in section 219 and to transactions of any trust described in section 408 (a) or under an individual retirement annuity described in section 408 (b). (d) Reports by employers, plan administrators, etc. (1) In general The Secretary shall by forms or regulations require that (A) the employer maintaining, or the plan administrator (within the meaning of section 414(g)) of, a plan from which designated distributions (as defined in section 3405 (e)(1)) may be made, and (B) any person issuing any contract under which designated distributions (as so defined) may be made, make returns and reports regarding such plan (or contract) to the Secretary, to the participants and beneficiaries of such plan (or contract), and to such other persons as the Secretary may by regulations prescribe. No return or report may be required under the preceding sentence with respect to distributions to any person during any year unless such distributions aggregate $10 or more. (2) Form, etc., of reports Such reports shall be in such form, made at such time, and contain such information as the Secretary may prescribe by forms or regulations. (e) Employee stock ownership plans The Secretary shall require (1) any employer maintaining, or the plan administrator (within the meaning of section 414(g)) of, an employee stock ownership plan which holds stock with respect to which section 404 (k) applies to dividends paid on such stock, or (2) both such employer or plan administrator, to make returns and reports regarding such plan, transaction, or loan to the Secretary and to such other persons as the Secretary may prescribe. Such returns and reports shall be made in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. (f) Designated Roth contributions The Secretary shall require the plan administrator of each applicable retirement plan (as defined in section 402A) to make such returns and reports regarding designated Roth contributions (as defined in section 402A) to the Secretary, participants and beneficiaries of the plan, and such other persons as the Secretary may prescribe.
(g) Cross references (1) For provisions relating to penalties for failures to file returns and reports required under this section, see sections 6652 (e), 6721, and 6722. (2) For criminal penalty for furnishing fraudulent information, see section7207. (3) For provisions relating to penalty for failure to comply with the provisions of subsection (d), see section 6704.
6048. Information with respect to certain foreign trusts

(a) Notice of certain events (1) General rule On or before the 90th day (or such later day as the Secretary may prescribe) after any reportable event, the responsible party shall provide written notice of such event to the Secretary in accordance with paragraph (2). (2) Contents of notice The notice required by paragraph (1) shall contain such information as the Secretary may prescribe, including (A) the amount of money or other property (if any) transferred to the trust in connection with the reportable event, and (B) the identity of the trust and of each trustee and beneficiary (or class of beneficiaries) of the trust. (3) Reportable event For purposes of this subsection (A) In general The term reportable event means (i) the creation of any foreign trust by a United States person, (ii) the transfer of any money or property (directly or indirectly) to a foreign trust by a United States person, including a transfer by reason of death, and (iii) the death of a citizen or resident of the United States if (I) the decedent was treated as the owner of any portion of a foreign trust under the rules of subpart E of part I of subchapter J of chapter 1, or (II) any portion of a foreign trust was included in the gross estate of the decedent. (B) Exceptions (i) Fair market value sales Subparagraph (A)(ii) shall not apply to any transfer of property to a trust in exchange for consideration of at least the fair market value of the transferred property. For purposes of the preceding sentence, consideration other than cash shall be taken into account at its fair market value and the rules of section 679 (a)(3) shall apply. (ii) Deferred compensation and charitable trusts Subparagraph (A) shall not apply with respect to a trust which is (I) described in section 402 (b), 404 (a)(4), or 404A, or (II) determined by the Secretary to be described in section501 (c)(3). (4) Responsible party For purposes of this subsection, the term responsible party means (A) the grantor in the case of the creation of an inter vivos trust, (B) the transferor in the case of a reportable event described in paragraph (3)(A)(ii) other than a transfer by reason of death, and (C) the executor of the decedents estate in any other case. (b) United States owner of foreign trust (1) In general If, at any time during any taxable year of a United States person, such person is treated as the owner of any portion of a foreign trust under the rules of subpart E of part I of subchapter J of chapter 1, such person shall be responsible to ensure that
(A) such trust makes a return for such year which sets forth a full and complete accounting of all trust activities and operations for the year, the name of the United States agent for such trust, and such other information as the Secretary may prescribe, and (B) such trust furnishes such information as the Secretary may prescribe to each United States person (i) who is treated as the owner of any portion of such trust or (ii) who receives (directly or indirectly) any distribution from the trust. (2) Trusts not having United States agent (A) In general If the rules of this paragraph apply to any foreign trust, the determination of amounts required to be taken into account with respect to such trust by a United States person under the rules of subpart E of part I of subchapter J of chapter 1 shall be determined by the Secretary. (B) United States agent required The rules of this paragraph shall apply to any foreign trust to which paragraph (1) applies unless such trust agrees (in such manner, subject to such conditions, and at such time as the Secretary shall prescribe) to authorize a United States person to act as such trusts limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to (i) any request by the Secretary to examine records or produce testimony related to the proper treatment of amounts required to be taken into account under the rules referred to in subparagraph (A), or (ii) any summons by the Secretary for such records or testimony. The appearance of persons or production of records by reason of a United States person being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of the amounts required to be taken into account under the rules referred to in subparagraph (A). A foreign trust which appoints an agent described in this subparagraph shall not be considered to have an office or a permanent establishment in the United States, or to be engaged in a trade or business in the United States, solely because of the activities of such agent pursuant to this subsection. (C) Other rules to apply Rules similar to the rules of paragraphs (2) and (4) of section 6038A(e) shall apply for purposes of this paragraph. (c) Reporting by United States beneficiaries of foreign trusts (1) In general If any United States person receives (directly or indirectly) during any taxable year of such person any distribution from a foreign trust, such person shall make a return with respect to such trust for such year which includes (A) the name of such trust, (B) the aggregate amount of the distributions so received from such trust during such taxable year, and (C) such other information as the Secretary may prescribe. (2) Inclusion in income if records not provided (A) In general If adequate records are not provided to the Secretary to determine the proper treatment of any distribution from a foreign trust, such distribution shall be treated as an accumulation distribution includible in the gross income of the distributee under chapter 1. To the extent provided in regulations, the preceding sentence shall not apply if the foreign trust elects to be subject to rules similar to the rules of subsection (b)(2)(B). (B) Application of accumulation distribution rules For purposes of applying section 668 in a case to which subparagraph (A) applies, the applicable number of years for purposes of section 668 (a) shall be 1/2 of the number of years the trust has been in existence. (d) Special rules (1) Determination of whether United States person makes transfer or receives distribution For purposes of this section, in determining whether a United States person makes a transfer to, or receives a distribution from, a foreign trust, the fact that a portion of such trust is
treated as owned by another person under the rules of subpart E of part I of subchapter J of chapter 1 shall be disregarded. (2) Domestic trusts with foreign activities To the extent provided in regulations, a trust which is a United States person shall be treated as a foreign trust for purposes of this section and section 6677 if such trust has substantial activities, or holds substantial property, outside the United States. (3) Time and manner of filing information Any notice or return required under this section shall be made at such time and in such manner as the Secretary shall prescribe. (4) Modification of return requirements The Secretary is authorized to suspend or modify any requirement of this section if the Secretary determines that the United States has no significant tax interest in obtaining the required information. (5) United States persons return must be consistent with trust return or Secretary notified of inconsistency Rules similar to the rules of section 6034A (c) shall apply to items reported by a trust under subsection (b)(1)(B) and to United States persons referred to in such subsection.
6049. Returns regarding payments of interest

(a) Requirement of reporting Every person (1) who makes payments of interest (as defined in subsection (b)) aggregating $10 or more to any other person during any calendar year, or (2) who receives payments of interest (as so defined) as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the interest so received, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (b) Interest defined (1) General rule For purposes of subsection (a), the term interest means (A) interest on any obligation (i) issued in registered form, or (ii) of a type offered to the public, other than any obligation with a maturity (at issue) of not more than 1 year which is held by a corporation, (B) interest on deposits with persons carrying on the banking business, (C) amounts (whether or not designated as interest) paid by a mutual savings bank, savings and loan association, building and loan association, cooperative bank, homestead association, credit union, industrial loan association or bank, or similar organization, in respect of deposits, investment certificates, or withdrawable or repurchasable shares, (D) interest on amounts held by an insurance company under an agreement to pay interest thereon, (E) interest on deposits with brokers (as defined in section 6045 (c)), (F) interest paid on amounts held by investment companies (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C.80a3)) and on amounts invested in other pooled funds or trusts, and (G) to the extent provided in regulations prescribed by the Secretary, any other interest (which is not described in paragraph (2)). (2) Exceptions For purposes of subsection (a), the term interest does not include (A) interest on any obligation issued by a natural person,
(B) except to the extent otherwise provided in regulations (i) any amount paid to any person described in paragraph (4), or (ii) any amount described in paragraph (5), and (C) except to the extent otherwise provided in regulations, any amount not described in subparagraph (B) of this paragraph which is income from sources outside the United States or which is paid by (i) a foreign government or international organization or any agency or instrumentality thereof, (ii) a foreign central bank of issue, (iii) a foreign corporation not engaged in a trade or business in the United States, (iv) a foreign corporation, the interest payments of which would be exempt from withholding under subchapter A of chapter 3 if paid to a person who is not a United States person, or (v) a partnership not engaged in a trade or business in the United States and composed in whole of nonresident alien individuals and person described in clause (i), (ii), or (iii). (3) Payments by United States nominees, etc., of United States person If, within the United States, a United States person (A) collects interest (or otherwise acts as a middleman between the payor and payee) from a foreign person described in paragraph (2)(D) or collects interest from a United States person which is income from sources outside the United States for a second person who is a United States person, or (B) makes payments of such interest to such second United States person, notwithstanding paragraph (2)(D), such payment shall be subject to the requirements of subsection (a) with respect to such second United States person. (4) Persons described in this paragraph A person is described in this paragraph if such person is (A) a corporation, (B) an organization exempt from taxation under section 501 (a) or an individual retirement plan, (C) the United States or any wholly owned agency or instrumentality thereof, (D) a State, the District of Columbia, a possession of the United States, any political subdivision of any of the foregoing, or any wholly owned agency or instrumentality of any one or more of the foregoing, (E) a foreign government, a political subdivision of a foreign government, or any wholly owned agency or instrumentality of any one or more of the foregoing, (F) an international organization or any wholly owned agency or instrumentality thereof, (G) a foreign central bank of issue, (H) a dealer in securities or commodities required to register as such under the laws of the United States or a State, the District of Columbia, or a possession of the United States, (I) a real estate investment trust (as defined in section 856), (J) an entity registered at all times during the taxable year under the Investment Company Act of 1940, (K) a common trust fund (as defined in section 584 (a)), or (L) any trust which (i) is exempt from tax under section 664 (c), or (ii) is described in section 4947 (a)(1). (5) Amounts described in this paragraph An amount is described in this paragraph if such amount (A) is subject to withholding under subchapter A of chapter 3 (relating to withholding of tax on nonresident aliens and foreign corporations) by the person paying such amount, or (B) would be subject to withholding under subchapter A of chapter 3 by the person paying such amount but for the fact that (i) such amount is income from sources outside the United States, (ii) the payor thereof is exempt from the application of section1441 (a) by reason of section 1441 (c) or a tax treaty, (iii) such amount is original issue discount (within the meaning of section 1273 (a)), or (iv) such amount is described in section 871 (i)(2). (c) Statements to be furnished to persons with respect to whom information is required
(1) In general Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (A) the name, address, and phone number of the information contact of the person required to make such return, and (B) the aggregate amount of payments to, or the aggregate amount includible in the gross income of, the person required to be shown on the return. (2) Time and form of statement The written statement under paragraph (1) (A) shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made, and (B) shall be in such form as the Secretary may prescribe by regulations. (d) Definitions and special rules For purposes of this section (1) Person The term person includes any governmental unit and any agency or instrumentality thereof and any international organization and any agency or instrumentality thereof. (2) Obligation The term obligation includes bonds, debentures, notes, certificates, and other evidences of indebtedness. (3) Payments by governmental units In the case of payments made by any governmental unit or any agency or instrumentality thereof, the officer or employee having control of the payment of interest (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section. (4) Financial institutions, brokers, etc., collecting interest may be substituted for payor To the extent and in the manner provided by regulations, in the case of any obligation (A) a financial institution, broker, or other person specified in such regulations which collects interest on such obligation for the payee (or otherwise acts as a middleman between the payor and the payee) shall comply with the requirements of subsections (a) and (c), and (B) no other person shall be required to comply with the requirements of subsections (a) and (c) with respect to any interest on such obligation for which reporting is required pursuant to subparagraph (A). (5) Interest on certain obligations may be treated on a transactional basis (A) In general To the extent and in the manner provided in regulations, this section shall apply with respect to (i) any person described in paragraph (4)(A), and (ii) in the case of any United States savings bonds, any Federal agency making payments thereon, on any transactional basis rather than on an annual aggregation basis. (B) Separate returns and statements If subparagraph (A) applies to interest on any obligation, the return under subsection (a) and the statement furnished under subsection (c) with respect to such transaction may be made separately, but any such statement shall be furnished to the payee at such time as the Secretary may prescribe by regulations but not later than January 31 of the next calendar year. (C) Statement to payee required in case of transactions involving $10 or more In the case of any transaction to which this paragraph applies which involves the payment of $10 or more of interest, a statement of the transaction may be provided to the payee of such interest in lieu of the statement required under subsection (c). Such statement shall be provided during January of the year following the year in which such payment is made. (6) Treatment of original issue discount (A) In general Original issue discount on any obligation shall be reported
(i) as if paid at the time it is includible in gross income under section 1272 (except that for such purpose the amount reportable with respect to any subsequent holder shall be determined as if he were the original holder), and (ii) if section 1272 does not apply to the obligation, at maturity (or, if earlier, on redemption). In the case of any obligation not in registered form issued before January 1, 1983, clause (ii) and not clause (i) shall apply. (B) Original issue discount For purposes of this paragraph, the term original issue discount has the meaning given to such term by section 1273 (a). (7) Interests in REMICs and certain other debt instruments (A) In general For purposes of subsection (a), the term interest includes amounts includible in gross income with respect to regular interests in REMICs (and such amounts shall be treated as paid when includible in gross income under section 860B (b)). (B) Reporting to corporations, etc. Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph and any other debt instrument to which section 1272 (a) (6) applies, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). (C) Additional information Except as otherwise provided in regulations, any return or statement required to be filed or furnished under this section with respect to interest income described in subparagraph (A) and interest on any other debt instrument to which section 1272 (a)(6)applies shall also provide information setting forth the adjusted issue price of the interest to which the return or statement relates at the beginning of each accrual period with respect to which interest income is required to be reported on such return or statement and information necessary to compute accrual of market discount. (D) Regulatory authority The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting. (8) Reporting of credit on clean renewable energy bonds (A) In general For purposes of subsection (a), the term interest includes amounts includible in gross income under section 54 (g) or 1400N (l)(6) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54 (b)(4) or 1400N (l)(2)(D), as the case may be). (B) Reporting to corporations, etc. Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection. (C) Regulatory authority The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting. (9) Reporting of credit on qualified tax credit bonds (A) In general For purposes of subsection (a), the term interest includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A (e)(1)). (B) Reporting to corporations, etc. Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). (C) Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
6050. Repealed. Pub. L. 96167, 5(a), Dec. 29, 1979, 93 Stat. 1276]
Section, added Pub. L. 91172, title I, 121(e)(1), Dec. 30, 1969, 83 Stat. 548; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, provided for a return by transferor of income producing property if the transferee was known to be an organization referred to in section 511 (a) or (b) and property had a fair market value in excess of $50,000.
6050A. Reporting requirements of certain fishing boat operators

(a) Reports The operator of a boat on which one or more individuals, during a calendar year, perform services described in section 3121 (b)(20) shall submit to the Secretary (at such time, and in such manner and form, as the Secretary shall by regulations prescribe) information respecting (1) the identity of each individual performing such services; (2) the percentage of each such individuals share of the catches of fish or other forms of aquatic animal life, and the percentage of the operators share of such catches; (3) if such individual receives his share in kind, the type and weight of such share, together with such other information as the Secretary may prescribe by regulations reasonably necessary to determine the value of such share; (4) if such individual receives a share of the proceeds of such catches, the amount so received; and (5) any cash remuneration described in section 3121 (b)(20)(A). (b) Written statement Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing the information relating to such person required to be contained in such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
6050B. Returns relating to unemployment compensation

(a) Requirement of reporting Every person who makes payments of unemployment compensation aggregating $10 or more to any individual during any calendar year shall make a return according to the forms or
regulations prescribed by the Secretary, setting forth the aggregate amounts of such payments and the name and address of the individual to whom paid. (b) Statements to be furnished to individuals with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the aggregate amount of payments to the individual required to be shown on such return. The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (c) Definitions For purposes of this section (1) Unemployment compensation The term unemployment compensation has the meaning given to such term by section 85 (b). (2) Person The term person means the officer or employee having control of the payment of the unemployment compensation, or the person appropriately designated for purposes of this section.
6050C. Repealed. Pub. L. 100418, title I, 1941(b)(1), Aug. 23, 1988, 102 Stat. 1323]
Section, added Pub. L. 96223, title I, 101(d)(1), Apr. 2, 1980, 94 Stat. 251; amended Pub. L. 99514, title XV, 1501(d)(1)(E), Oct. 22, 1986, 100 Stat. 2740, related to information regarding windfall profit tax on domestic crude oil.
6050D. Returns relating to energy grants and financing

(a) In general Every person who administers a Federal, State, or local program a principal purpose of which is to provide subsidized financing or grants for projects to conserve or produce energy shall, to the extent required under regulations prescribed by the Secretary, make a return setting forth the name and address of each taxpayer receiving financing or a grant under such program and the aggregate amount so received by such individual. (b) Definition of person For purposes of this section, the term person means the officer or employee having control of the program, or the person appropriately designated for purposes of this section.
6050E. State and local income tax refunds
(a) Requirement of reporting Every person who, with respect to any individual, during any calendar year makes payments of refunds of State or local income taxes (or allows credits or offsets with respect to such taxes) aggregating $10 or more shall make a return according to forms or regulations prescribed by the Secretary setting forth the aggregate amount of such payments, credits, or offsets, and the name and address of the individual with respect to whom such payment, credit, or offset was made. (b) Statements to be furnished to individuals with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name of the State or political subdivision thereof, and (2) the information required to be shown on the return with respect to refunds, credits, and offsets to the individual. The written statement required under the preceding sentence shall be furnished to the individual during January of the calendar year following the calendar year for which the return under subsection (a) was required to be made. No statement shall be required under this subsection with respect to any individual if it is determined (in the manner provided by regulations) that such individual did not claim itemized deductions under chapter 1 for the taxable year giving rise to the refund, credit, or offset. (c) Person defined For purposes of this section, the term person means the officer or employee having control of the payment of the refunds (or the allowance of the credits or offsets) or the person appropriately designated for purposes of this section.
6050F. Returns relating to social security benefits

(a) Requirement of reporting The appropriate Federal official shall make a return, according to the forms and regulations prescribed by the Secretary, setting forth (1) the (A) aggregate amount of social security benefits paid with respect to any individual during any calendar year, (B) aggregate amount of social security benefits repaid by such individual during such calendar year, and (C) aggregate reductions under section 224 of the Social Security Act (or under section 3(a) (1) of the Railroad Retirement Act of 1974) in benefits which would otherwise have been paid to such individual during the calendar year on account of amounts received under a workmens compensation act, and (2) the name and address of such individual. (b) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name of the agency making the payments, and (2) the aggregate amount of payments, of repayments, and of reductions, with respect to the individual required to be shown on such return. The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (c) Definitions
For purposes of this section (1) Appropriate Federal official The term appropriate Federal official means (A) the Commissioner of Social Security in the case of social security benefits described in section 86 (d)(1)(A), and (B) the Railroad Retirement Board in the case of social security benefits described in section 86 (d)(1)(B). (2) Social security benefit The term social security benefit has the meaning given to such term by section 86 (d)(1).
6050G. Returns relating to certain railroad retirement benefits

(a) In general The Railroad Retirement Board shall make a return, according to the forms and regulations prescribed by the Secretary, setting forth (1) the aggregate amount of benefits paid under the Railroad Retirement Act of 1974 (other than tier 1 railroad retirement benefits, as defined in section 86 (d)(4)) to any individual during any calendar year, (2) the employee contributions (to the extent not previously taken into account under section 72 (d)(1)) [1] which are treated as having been paid for purposes of section 72 (r), (3) the name and address of such individual, and (4) such other information as the Secretary may require. (b) Statements to be furnished to persons with respect to whom information is required The Railroad Retirement Board shall furnish to each individual whose name is required to be set forth in the return under subsection (a) a written statement showing (1) the aggregate amount of payments to such individual, and of employee contributions with respect thereto, required to be shown on the return, and (2) such other information as the Secretary may require. The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
[1] See References in Text note below.
6050H. Returns relating to mortgage interest received in trade or business from individuals
(a) Mortgage interest of $600 or more Any person (1) who is engaged in a trade or business, and (2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any mortgage, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. (b) Form and manner of returns
A return is described in this subsection if such return (1) is in such form as the Secretary may prescribe, (2) contains (A) the name and address of the individual from whom the interest described in subsection (a)(2) was received, (B) the amount of such interest (other than points) received for the calendar year, (C) the amount of points on the mortgage received during the calendar year and whether such points were paid directly by the borrower, and (D) such other information as the Secretary may prescribe. (c) Application to governmental units For purposes of subsection (a) (1) Treated as persons The term person includes any governmental unit (and any agency or instrumentality thereof). (2) Special rules In the case of a governmental unit or any agency or instrumentality thereof (A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and (B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. (d) Statements to be furnished to individuals with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the aggregate amount of interest described in subsection (a)(2) (other than points) received by the person required to make such return from the individual to whom the statement is required to be furnished (and the information required under subsection (b)(2) (C)). The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (e) Mortgage defined For purposes of this section, except as provided in regulations prescribed by the Secretary, the term mortgage means any obligation secured by real property. (f) Returns which would be required to be made by 2 or more persons Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a). (g) Special rules for cooperative housing corporations For purposes of subsection (a), an amount received by a cooperative housing corporation from a tenant-stockholder shall be deemed to be interest received on a mortgage in the course of a trade or business engaged in by such corporation, to the extent of the tenantstockholders proportionate share of interest described in section 216 (a)(2). Terms used in the preceding sentence shall have the same meanings as when used in section 216. (h) Returns relating to mortgage insurance premiums (1) In general The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. (2) Statement to be furnished to individuals with respect to whom information is required Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31
of the year following the calendar year for which the return under paragraph (1) was required to be made. (3) Special rules For purposes of this subsection (A) rules similar to the rules of subsection (c) shall apply, and (B) the term mortgage insurance means (i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and (ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subsection).
6050I. Returns relating to cash received in trade or business, etc.

(a) Cash receipts of more than $10,000 Any person (1) who is engaged in a trade or business, and (2) who, in the course of such trade or business, receives more than $10,000 in cash in 1 transaction (or 2 or more related transactions), shall make the return described in subsection (b) with respect to such transaction (or related transactions) at such time as the Secretary may by regulations prescribe. (b) Form and manner of returns A return is described in this subsection if such return (1) is in such form as the Secretary may prescribe, (2) contains (A) the name, address, and TIN of the person from whom the cash was received, (B) the amount of cash received, (C) the date and nature of the transaction, and (D) such other information as the Secretary may prescribe. (c) Exceptions (1) Cash received by financial institutions Subsection (a) shall not apply to (A) cash received in a transaction reported under title 31, United States Code, if the Secretary determines that reporting under this section would duplicate the reporting to the Treasury under title 31, United States Code, or (B) cash received by any financial institution (as defined in subparagraphs (A), (B), (C), (D), (E), (F), (G), (J), (K), (R), and (S) of section 5312 (a)(2) of title 31, United States Code). (2) Transactions occurring outside the United States Except to the extent provided in regulations prescribed by the Secretary, subsection (a) shall not apply to any transaction if the entire transaction occurs outside the United States. (d) Cash includes foreign currency and certain monetary instruments For purposes of this section, the term cash includes (1) foreign currency, and (2) to the extent provided in regulations prescribed by the Secretary, any monetary instrument (whether or not in bearer form) with a face amount of not more than $10,000. Paragraph (2) shall not apply to any check drawn on the account of the writer in a financial institution referred to in subsection (c)(1)(B). (e) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and
(2) the aggregate amount of cash described in subsection (a) received by the person required to make such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (f) Structuring transactions to evade reporting requirements prohibited (1) In general No person shall for the purpose of evading the return requirements of this section (A) cause or attempt to cause a trade or business to fail to file a return required under this section, (B) cause or attempt to cause a trade or business to file a return required under this section that contains a material omission or misstatement of fact, or (C) structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more trades or businesses. (2) Penalties A person violating paragraph (1) of this subsection shall be subject to the same civil and criminal sanctions applicable to a person which fails to file or completes a false or incorrect return under this section. (g) Cash received by criminal court clerks (1) In general Every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense shall make a return described in paragraph (2) (at such time as the Secretary may by regulations prescribe) with respect to the receipt of such bail. (2) Return A return is described in this paragraph if such return (A) is in such form as the Secretary may prescribe, and (B) contains (i) the name, address, and TIN of (I) the individual charged with the specified criminal offense, and (II) each person posting the bail (other than a person licensed as a bail bondsman), (ii) the amount of cash received, (iii) the date the cash was received, and (iv) such other information as the Secretary may prescribe. (3) Specified criminal offense For purposes of this subsection, the term specified criminal offense means (A) any Federal criminal offense involving a controlled substance, (B) racketeering (as defined in section 1951, 1952, or 1955 of title18, United States Code), (C) money laundering (as defined in section 1956 or 1957 of such title), and (D) any State criminal offense substantially similar to an offense described in subparagraph (A), (B), or (C). (4) Information to Federal prosecutors Each clerk required to include on a return under paragraph (1) the information described in paragraph (2)(B) with respect to an individual described in paragraph (2)(B)(i)(I) shall furnish (at such time as the Secretary may by regulations prescribe) a written statement showing such information to the United States Attorney for the jurisdiction in which such individual resides and the jurisdiction in which the specified criminal offense occurred. (5) Information to payors of bail Each clerk required to make a return under paragraph (1) shall furnish (at such time as the Secretary may by regulations prescribe) to each person whose name is required to be set forth in such return by reason of paragraph (2)(B)(i)(II) a written statement showing (A) the name and address of the clerks office required to make the return, and (B) the aggregate amount of cash described in paragraph (1) received by such clerk.
6050J. Returns relating to foreclosures and abandonments of security

(a) In general Any person who, in connection with a trade or business conducted by such person, lends money secured by property and who (1) in full or partial satisfaction of any indebtedness, acquires an interest in any property which is security for such indebtedness, or (2) has reason to know that the property in which such person has a security interest has been abandoned, shall make a return described in subsection (c) with respect to each of such acquisitions or abandonments, at such time as the Secretary may by regulations prescribe. (b) Exception Subsection (a) shall not apply to any loan to an individual secured by an interest in tangible personal property which is not held for investment and which is not used in a trade or business. (c) Form and manner of return The return required under subsection (a) with respect to any acquisition or abandonment of property (1) shall be in such form as the Secretary may prescribe, (2) shall contain (A) the name and address of each person who is a borrower with respect to the indebtedness which is secured, (B) a general description of the nature of such property and such indebtedness, (C) in the case of a return required under subsection (a)(1) (i) the amount of such indebtedness at the time of such acquisition, and (ii) the amount of indebtedness satisfied in such acquisition, (D) in the case of a return required under subsection (a)(2), the amount of such indebtedness at the time of such abandonment, and (E) such other information as the Secretary may prescribe. (d) Applications to governmental units For purposes of this section (1) Treated as persons The term person includes any governmental unit (and any agency or instrumentality thereof). (2) Special rules In the case of a governmental unit or any agency or instrumentality thereof (A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and (B) any return under this section shall be made by the officer or employee appropriately designated for the purpose of making such return. (e) Statements to be furnished to persons with respect to whom information is required to be furnished Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing the name, address, and phone number of the information contact of the person required to make such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. (f) Treatment of other dispositions To the extent provided by regulations prescribed by the Secretary, any transfer of the property which secures the indebtedness to a person other than the lender shall be treated as an abandonment of such property.
6050K. Returns relating to exchanges of certain partnership interests

(a) In general Except as provided in regulations prescribed by the Secretary, if there is an exchange described in section 751(a) of any interest in a partnership during any calendar year, such partnership shall make a return for such calendar year stating (1) the name and address of the transferee and transferor in such exchange, and (2) such other information as the Secretary may by regulations prescribe. Such return shall be made at such time and in such manner as the Secretary may require by regulations. (b) Statements to be furnished to transferor and transferee Every partnership required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the partnership required to make such return, and (2) the information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (c) Requirement that transferor notify partnership (1) In general In the case of any exchange described in subsection (a), the transferor of the partnership interest shall promptly notify the partnership of such exchange. (2) Partnership not required to make return until notice A partnership shall not be required to make a return under this section with respect to any exchange until the partnership is notified of such exchange.
6050L. Returns relating to certain donated property

(a) Dispositions of donated property (1) In general If the donee of any charitable deduction property sells, exchanges, or otherwise disposes of such property within 3 years after its receipt, the donee shall make a return (in accordance with forms and regulations prescribed by the Secretary) showing (A) the name, address, and TIN of the donor, (B) a description of the property, (C) the date of the contribution, (D) the amount received on the disposition, (E) the date of such disposition, (F) a description of the donees use of the property, and (G) a statement indicating whether the use of the property was related to the purpose or function constituting the basis for the donees exemption under section 501. In any case in which the donee indicates that the use of applicable property (as defined in section 170 (e)(7)(C)) was related to the purpose or function constituting the basis for the exemption of the donee under section 501 under subparagraph (G), the donee shall include with the return the certification described in section 170 (e)(7)(D) if such certification is made under section 170 (e)(7). (2) Definitions For purposes of this subsection:
(A) Charitable deduction property The term charitable deduction property means any property (other than publicly traded securities) contributed in a contribution for which a deduction was claimed under section 170 if the claimed value of such property (plus the claimed value of all similar items of property donated by the donor to 1 or more donees) exceeds $5,000. (B) Publicly traded securities The term publicly traded securities means securities for which (as of the date of the contribution) market quotations are readily available on an established securities market. (b) Qualified intellectual property contributions (1) In general Each donee with respect to a qualified intellectual property contribution shall make a return (at such time and in such form and manner as the Secretary may by regulations prescribe) with respect to each specified taxable year of the donee showing (A) the name, address, and TIN of the donor, (B) a description of the qualified intellectual property contributed, (C) the date of the contribution, and (D) the amount of net income of the donee for the taxable year which is properly allocable to the qualified intellectual property (determined without regard to paragraph (10)(B) of section 170 (m)and with the modifications described in paragraphs (5) and (6) of such section). (2) Definitions For purposes of this subsection: (A) In general Terms used in this subsection which are also used in section 170 (m)have the respective meanings given such terms in such section. (B) Specified taxable year The term specified taxable year means, with respect to any qualified intellectual property contribution, any taxable year of the donee any portion of which is part of the 10-year period beginning on the date of such contribution. (c) Statement to be furnished to donors Every person making a return under subsection (a) or (b) shall furnish a copy of such return to the donor at such time and in such manner as the Secretary may by regulations prescribe.
6050M. Returns relating to persons receiving contracts from Federal executive agencies
(a) Requirement of reporting The head of every Federal executive agency which enters into any contract shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth (1) the name, address, and TIN of each person with which such agency entered into a contract during the calendar year, and (2) such other information as the Secretary may require. (b) Federal executive agency For purposes of this section, the term Federal executive agency means (1) any Executive agency (as defined in section 105 of title 5, United States Code) other than the Government Accountability Office, (2) any military department (as defined in section 102 of such title), and (3) the United States Postal Service and the Postal Regulatory Commission. (c) Authority to extend reporting to licenses and subcontracts To the extent provided in regulations, this section also shall apply to (1) licenses granted by Federal executive agencies, and (2) subcontracts under contracts to which subsection (a) applies.
(d) Authority to prescribe minimum amounts This section shall not apply to contracts or licenses in any class which are below a minimum amount or value which may be prescribed by the Secretary by regulations for such class. (e) Exception for certain classified or confidential contracts (1) In general Except as provided in paragraph (2), this section shall not apply in the case of a contract described in paragraph (3). (2) Reporting requirement Each Federal executive agency which has entered into a contract described in paragraph (3) shall, upon a request of the Secretary which identifies a particular person, acknowledge whether such person has entered into such a contract with such agency and, if so, provide to the Secretary (A) the information required under this section with respect to such person, and (B) such other information with respect to such person which the Secretary and the head of such Federal executive agency agree is appropriate. (3) Description of contract For purposes of this subsection, a contract between a Federal executive agency and another person is described in this paragraph if (A) the fact of the existence of such contract or the subject matter of such contract has been designated and clearly marked or clearly represented, pursuant to the provisions of Federal law or an Executive order, as requiring a specific degree of protection against unauthorized disclosure for reasons of national security, or (B) the head of such Federal executive agency (or his designee) pursuant to regulations issued by such agency determines, in writing, that filing the required return under this section would interfere with the effective conduct of a confidential law enforcement or foreign counterintelligence activity.
6050N. Returns regarding payments of royalties

(a) Requirement of reporting Every person (1) who makes payments of royalties (or similar amounts) aggregating $10 or more to any other person during any calendar year, or (2) who receives payments of royalties (or similar amounts) as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the royalties (or similar amounts) so received, shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid. (b) Statements to be furnished to persons with respect to whom information is furnished Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the aggregate amount of payments to the person required to be shown on such return. The written statement required under the preceding sentence shall be furnished (either in person or in a statement mailing by first-class mail which includes adequate notice that the statement is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made and shall be in such form as the Secretary may prescribe by regulations. (c) Exception for payments to certain persons
Except to the extent otherwise provided in regulations, this section shall not apply to any amount paid to a person described in subparagraph (A), (B), (C), (D), (E), or (F) of section 6049 (b)(4).
6050P. Returns relating to the cancellation of indebtedness by certain entities

(a) In general Any applicable entity which discharges (in whole or in part) the indebtedness of any person during any calendar year shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth (1) the name, address, and TIN of each person whose indebtedness was discharged during such calendar year, (2) the date of the discharge and the amount of the indebtedness discharged, and (3) such other information as the Secretary may prescribe. (b) Exception Subsection (a) shall not apply to any discharge of less than $600. (c) Definitions and special rules For purposes of this section (1) Applicable entity The term applicable entity means (A) an executive, judicial, or legislative agency (as defined in section3701 (a)(4) of title 31, United States Code), and (B) an applicable financial entity. (2) Applicable financial entity The term applicable financial entity means (A) any financial institution described in section 581 or 591 (a) and any credit union, (B) the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the National Credit Union Administration, and any other Federal executive agency (as defined in section 6050M), and any successor or subunit of any of the foregoing, (C) any other corporation which is a direct or indirect subsidiary of an entity referred to in subparagraph (A) but only if, by virtue of being affiliated with such entity, such other corporation is subject to supervision and examination by a Federal or State agency which regulates entities referred to in subparagraph (A), and (D) any organization a significant trade or business of which is the lending of money. (3) Governmental units In the case of an entity described in paragraph (1)(A) or (2)(B), any return under this section shall be made by the officer or employee appropriately designated for the purpose of making such return. (d) Statements to be furnished to persons with respect to whom information is required to be furnished Every applicable entity required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name and address of the entity required to make such return, and (2) the information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made. (e) Alternative procedure In lieu of making a return required under subsection (a), an agency described in subsection (c)(1)(A) may submit to the Secretary (at such time and in such form as the Secretary may by regulations prescribe) information sufficient for the Secretary to complete such a return on
behalf of such agency. Upon receipt of such information, the Secretary shall complete such return and provide a copy of such return to such agency.
6050Q. Certain long-term care benefits

(a) Requirement of reporting Any person who pays long-term care benefits shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth (1) the aggregate amount of such benefits paid by such person to any individual during any calendar year, (2) whether or not such benefits are paid in whole or in part on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate, (3) the name, address, and TIN of such individual, and (4) the name, address, and TIN of the chronically ill or terminally ill individual on account of whose condition such benefits are paid. (b) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person making the payments, and (2) the aggregate amount of long-term care benefits paid to the individual which are required to be shown on such return. The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (c) Long-term care benefits For purposes of this section, the term long-term care benefit means (1) any payment under a product which is advertised, marketed, or offered as long-term care insurance, and (2) any payment which is excludable from gross income by reason of section 101 (g).
6050R. Returns relating to certain purchases of fish

(a) Requirement of reporting Every person (1) who is engaged in the trade or business of purchasing fish for resale from any person engaged in the trade or business of catching fish; and (2) who makes payments in cash in the course of such trade or business to such a person of $600 or more during any calendar year for the purchase of fish, shall make a return (at such times as the Secretary may prescribe) described in subsection (b) with respect to each person to whom such a payment was made during such calendar year. (b) Return A return is described in this subsection if such return (1) is in such form as the Secretary may prescribe, and (2) contains
(A) the name, address, and TIN of each person to whom a payment described in subsection (a)(2) was made during the calendar year, (B) the aggregate amount of such payments made to such person during such calendar year and the date and amount of each such payment, and (C) such other information as the Secretary may require. (c) Statement to be furnished with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such a return, and (2) the aggregate amount of payments to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. (d) Definitions For purposes of this section: (1) Cash The term cash has the meaning given such term by section 6050I (d). (2) Fish The term fish includes other forms of aquatic life.
6050S. Returns relating to higher education tuition and related expenses

(a) In general Any person (1) which is an eligible educational institution which enrolls any individual for any academic period; (2) which is engaged in a trade or business of making payments to any individual under an insurance arrangement as reimbursements or refunds (or similar amounts) of qualified tuition and related expenses; or (3) except as provided in regulations, which is engaged in a trade or business and, in the course of which, receives from any individual interest aggregating $600 or more for any calendar year on one or more qualified education loans, shall make the return described in subsection (b) with respect to the individual at such time as the Secretary may by regulations prescribe. (b) Form and manner of returns A return is described in this subsection if such return (1) is in such form as the Secretary may prescribe, and (2) contains (A) the name, address, and TIN of any individual (i) who is or has been enrolled at the institution and with respect to whom transactions described in subparagraph (B) are made during the calendar year, or (ii) with respect to whom payments described in subsection (a)(2) or (a)(3) were made or received, (B) the (i) aggregate amount of payments received or the aggregate amount billed for qualified tuition and related expenses with respect to the individual described in subparagraph (A) during the calendar year, (ii) aggregate amount of grants received by such individual for payment of costs of attendance that are administered and processed by the institution during such calendar year, (iii) amount of any adjustments to the aggregate amounts reported by the institution pursuant to clause (i) or (ii) with respect to such individual for a prior calendar year,
(iv) aggregate amount of reimbursements or refunds (or similar amounts) paid to such individual during the calendar year by a person engaged in a trade or business described in subsection (a)(2), and (v) aggregate amount of interest received for the calendar year from such individual, and (C) such other information as the Secretary may prescribe. (c) Application to governmental units For purposes of this section (1) a governmental unit or any agency or instrumentality thereof shall be treated as a person, and (2) any return required under subsection (a) by such governmental entity shall be made by the officer or employee appropriately designated for the purpose of making such return. (d) Statements to be furnished to individuals with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return under subparagraph (A) of subsection (b)(2) a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the amounts described in subparagraph (B) of subsection (b)(2). The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (e) Definitions For purposes of this section, the terms eligible educational institution and qualified tuition and related expenses have the meanings given such terms by section 25A (without regard to subsection (g)(2) thereof), and except as provided in regulations, the term qualified education loan has the meaning given such term by section 221 (d)(1). (f) Returns which would be required to be made by 2 or more persons Except to the extent provided in regulations prescribed by the Secretary, in the case of any amount received by any person on behalf of another person, only the person first receiving such amount shall be required to make the return under subsection (a). (g) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section. No penalties shall be imposed under part II of subchapter B of chapter 68 with respect to any return or statement required under this section until such time as such regulations are issued.
6050T. Returns relating to credit for health insurance costs of eligible individuals
(a) Requirement of reporting Every person who is entitled to receive payments for any month of any calendar year under section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals) with respect to any certified individual (as defined in section 7527 (c)) shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. (b) Form and manner of returns A return is described in this subsection if such return (1) is in such form as the Secretary may prescribe, and (2) contains (A) the name, address, and TIN of each individual referred to in subsection (a),
(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals), (C) the amount entitled to be received for each such month, and (D) such other information as the Secretary may prescribe. (c) Statements to be furnished to individuals with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name and address of the person required to make such return and the phone number of the information contact for such person, and (2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.
6050U. Charges or payments for qualified longterm care insurance contracts under combined arrangements
(a) Requirement of reporting Any person who makes a charge against the cash value of an annuity contract, or the cash surrender value of a life insurance contract, which is excludible from gross income under section 72 (e)(11) shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth (1) the amount of the aggregate of such charges against each such contract for the calendar year, (2) the amount of the reduction in the investment in each such contract by reason of such charges, and (3) the name, address, and TIN of the individual who is the holder of each such contract. (b) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing (1) the name, address, and phone number of the information contact of the person making the payments, and (2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
6050V. Returns relating to applicable insurance contracts in which certain exempt organizations hold interests
(a) In general
Each applicable exempt organization which makes a reportable acquisition shall make the return described in subsection (c). (b) Time for making return Any applicable exempt organization required to make a return under subsection (a) shall file such return at such time as may be established by the Secretary. (c) Form and manner of returns A return is described in this subsection if such return (1) is in such form as the Secretary prescribes, (2) contains the name, address, and taxpayer identification number of the applicable exempt organization and the issuer of the applicable insurance contract, and (3) contains such other information as the Secretary may prescribe. (d) Definitions For purposes of this section (1) Reportable acquisition The term reportable acquisition means the acquisition by an applicable exempt organization of a direct or indirect interest in any applicable insurance contract in any case in which such acquisition is a part of a structured transaction involving a pool of such contracts. (2) Applicable insurance contract (A) In general The term applicable insurance contract means any life insurance, annuity, or endowment contract with respect to which both an applicable exempt organization and a person other than an applicable exempt organization have directly or indirectly held an interest in the contract (whether or not at the same time). (B) Exceptions Such term shall not include a life insurance, annuity, or endowment contract if (i) all persons directly or indirectly holding any interest in the contract (other than applicable exempt organizations) have an insurable interest in the insured under the contract independent of any interest of an applicable exempt organization in the contract, (ii) the sole interest in the contract of an applicable exempt organization or each person other than an applicable exempt organization is as a named beneficiary, or (iii) the sole interest in the contract of each person other than an applicable exempt organization is (I) as a beneficiary of a trust holding an interest in the contract, but only if the persons designation as such beneficiary was made without consideration and solely on a purely gratuitous basis, or (II) as a trustee who holds an interest in the contract in a fiduciary capacity solely for the benefit of applicable exempt organizations or persons otherwise described in subclause (I) or clause (i) or (ii). (3) Applicable exempt organization The term applicable exempt organization means (A) an organization described in section 170 (c), (B) an organization described in section 168 (h)(2)(A)(iv), or (C) an organization not described in paragraph (1) or (2) which is described in section 2055 (a) or section 2522 (a). (e) Termination This section shall not apply to reportable acquisitions occurring after the date which is 2 years after the date of the enactment of this section.
6050W. Returns relating to payments made in settlement of payment card and third party network transactions
(a) In general Each payment settlement entity shall make a return for each calendar year setting forth (1) the name, address, and TIN of each participating payee to whom one or more payments in settlement of reportable payment transactions are made, and (2) the gross amount of the reportable payment transactions with respect to each such participating payee. Such return shall be made at such time and in such form and manner as the Secretary may require by regulations. (b) Payment settlement entity For purposes of this section (1) In general The term payment settlement entity means (A) in the case of a payment card transaction, the merchant acquiring entity, and (B) in the case of a third party network transaction, the third party settlement organization. (2) Merchant acquiring entity The term merchant acquiring entity means the bank or other organization which has the contractual obligation to make payment to participating payees in settlement of payment card transactions. (3) Third party settlement organization The term third party settlement organization means the central organization which has the contractual obligation to make payment to participating payees of third party network transactions. (4) Special rules related to intermediaries For purposes of this section (A) Aggregated payees In any case where reportable payment transactions of more than one participating payee are settled through an intermediary (i) such intermediary shall be treated as the participating payee for purposes of determining the reporting obligations of the payment settlement entity with respect to such transactions, and (ii) such intermediary shall be treated as the payment settlement entity with respect to the settlement of such transactions with the participating payees. (B) Electronic payment facilitators In any case where an electronic payment facilitator or other third party makes payments in settlement of reportable payment transactions on behalf of the payment settlement entity, the return under subsection (a) shall be made by such electronic payment facilitator or other third party in lieu of the payment settlement entity. (c) Reportable payment transaction For purposes of this section (1) In general The term reportable payment transaction means any payment card transaction and any third party network transaction. (2) Payment card transaction The term payment card transaction means any transaction in which a payment card is accepted as payment. (3) Third party network transaction The term third party network transaction means any transaction which is settled through a third party payment network. (d) Other definitions For purposes of this section (1) Participating payee (A) In general The term participating payee means (i) in the case of a payment card transaction, any person who accepts a payment card as payment, and (ii) in the case of a third party network transaction, any person who accepts payment from a third party settlement organization in settlement of such transaction. (B) Exclusion of foreign persons
Except as provided by the Secretary in regulations or other guidance, such term shall not include any person with a foreign address. (C) Inclusion of governmental units The term person includes any governmental unit (and any agency or instrumentality thereof). (2) Payment card The term payment card means any card which is issued pursuant to an agreement or arrangement which provides for (A) one or more issuers of such cards, (B) a network of persons unrelated to each other, and to the issuer, who agree to accept such cards as payment, and (C) standards and mechanisms for settling the transactions between the merchant acquiring entities and the persons who agree to accept such cards as payment. The acceptance as payment of any account number or other indicia associated with a payment card shall be treated for purposes of this section in the same manner as accepting such payment card as payment. (3) Third party payment network The term third party payment network means any agreement or arrangement (A) which involves the establishment of accounts with a central organization by a substantial number of persons who (i) are unrelated to such organization, (ii) provide goods or services, and (iii) have agreed to settle transactions for the provision of such goods or services pursuant to such agreement or arrangement, (B) which provides for standards and mechanisms for settling such transactions, and (C) which guarantees persons providing goods or services pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services. Such term shall not include any agreement or arrangement which provides for the issuance of payment cards. (e) Exception for de minimis payments by third party settlement organizations A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if (1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and (2) the aggregate number of such transactions exceeds 200. (f) Statements to be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each person with respect to whom such a return is required a written statement showing (1) the name, address, and phone number of the information contact of the person required to make such return, and (2) the gross amount of the reportable payment transactions with respect to the person required to be shown on the return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. Such statement may be furnished electronically, and if so, the email address of the person required to make such return may be shown in lieu of the phone number. (g) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this section, including rules to prevent the reporting of the same transaction more than once.
Subpart CInformation Regarding Wages Paid Employees

6051. Receipts for employees
6052. Returns regarding payment of wages in the form of group-term life insurance 6053. Reporting of tips
6051. Receipts for employees

(a) Requirement Every person required to deduct and withhold from an employee a tax under section 3101 or 3402, or who would have been required to deduct and withhold a tax under section 3402 (determined without regard to subsection (n)) if the employee had claimed no more than one withholding exemption, or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash, shall furnish to each such employee in respect of the remuneration paid by such person to such employee during the calendar year, on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31, a written statement showing the following: (1) the name of such person, (2) the name of the employee (and his social security account number if wages as defined in section 3121 (a) have been paid), (3) the total amount of wages as defined in section 3401 (a), (4) the total amount deducted and withheld as tax under section 3402, (5) the total amount of wages as defined in section 3121 (a), (6) the total amount deducted and withheld as tax under section 3101, (7) the total amount paid to the employee under section 3507 (relating to advance payment of earned income credit), (8) the total amount of elective deferrals (within the meaning of section402 (g)(3)) and compensation deferred under section 457, including the amount of designated Roth contributions (as defined in section 402A), (9) the total amount incurred for dependent care assistance with respect to such employee under a dependent care assistance program described in section 129 (d), (10) in the case of an employee who is a member of the Armed Forces of the United States, such employees earned income as determined for purposes of section 32 (relating to earned income credit), (11) the amount contributed to any Archer MSA (as defined in section 220(d)) of such employee or such employees spouse, (12) the amount contributed to any health savings account (as defined in section 223(d)) of such employee or such employees spouse, and (13) the total amount of deferrals for the year under a nonqualified deferred compensation plan (within the meaning of section 409A (d)).
In the case of compensation paid for service as a member of a uniformed service, the statement shall show, in lieu of the amount required to be shown by paragraph (5), the total amount of wages as defined in section 3121 (a), computed in accordance with such section and section 3121 (i)(2). In the case of compensation paid for service as a volunteer or volunteer leader within the meaning of the Peace Corps Act, the statement shall show, in lieu of the amount required to be shown by paragraph (5), the total amount of wages as defined in section 3121 (a), computed in accordance with such section and section 3121 (i)(3). In the case of tips received by an employee in the course of his employment, the amounts required to be shown by paragraphs (3) and (5) shall include only such tips as are included in statements furnished to the employer pursuant to section 6053 (a). The amounts required to be shown by paragraph (5) shall not include wages which are exempted pursuant to sections3101 (c) and 3111 (c) from the taxes imposed by sections 3101 and 3111. In the case of the amounts required to be shown by paragraph (13), the Secretary may (by regulation) establish a minimum amount of deferrals below which paragraph (13) does not apply. (b) Special rule as to compensation of members of Armed Forces In the case of compensation paid for service as a member of the Armed Forces, the statement required by subsection (a) shall be furnished if any tax was withheld during the calendar year under section 3402, or if any of the compensation paid during such year is includible in gross income under chapter 1, or if during the calendar year any amount was required to be withheld as tax under section 3101. In lieu of the amount required to be shown by paragraph (3) of subsection (a), such statement shall show as wages paid during the calendar year the amount of such compensation paid during the calendar year which is not excluded from gross income under chapter 1 (whether or not such compensation constituted wages as defined in section 3401 (a)). (c) Additional requirements The statements required to be furnished pursuant to this section in respect of any remuneration shall be furnished at such other times, shall contain such other information, and shall be in such form as the Secretary may by regulations prescribe. The statements required under this section shall also show the proportion of the total amount withheld as tax under section 3101which is for financing the cost of hospital insurance benefits under part A of title XVIII of the Social Security Act. (d) Statements to constitute information returns A duplicate of any statement made pursuant to this section and in accordance with regulations prescribed by the Secretary shall, when required by such regulations, be filed with the Secretary. (e) Railroad employees (1) Additional requirement Every person required to deduct and withhold tax under section 3201from an employee shall include on or with the statement required to be furnished such employee under subsection (a) a notice concerning the provisions of this title with respect to the allowance of a credit or refund of the tax on wages imposed by section 3101 (b) and the tax on compensation imposed by section 3201 or 3211 which is treated as a tax on wages imposed by section 3101 (b). (2) Information to be supplied to employees Each person required to deduct and withhold tax under section 3201during any year from an employee who has also received wages during such year subject to the tax imposed by section 3101 (b) shall, upon request of such employee, furnish to him a written statement showing (A) the total amount of compensation with respect to which the tax imposed by section 3201 was deducted, (B) the total amount deducted as tax under section 3201, and (C) the portion of the total amount deducted as tax under section3201 which is for financing the cost of hospital insurance under part A of title XVIII of the Social Security Act. (f) Statements required in case of sick pay paid by third parties (1) Statements required from payor (A) In general
If, during any calendar year, any person makes a payment of third-party sick pay to an employee, such person shall, on or before January 15 of the succeeding year, furnish a written statement to the employer in respect of whom such payment was made showing (i) the name and, if there is withholding under section 3402 (o), the social security number of such employee, (ii) the total amount of the third-party sick pay paid to such employee during the calendar year, and (iii) the total amount (if any) deducted and withheld from such sick pay under section 3402. For purposes of the preceding sentence, the term third-party sick pay means any sick pay (as defined in section 3402 (o)(2)(C)) which does not constitute wages for purposes of chapter 24 (determined without regard to section 3402 (o)(1)). (B) Special rules (i) Statements are in lieu of other reporting requirements The reporting requirements of subparagraph (A) with respect to any payments shall, with respect to such payments, be in lieu of the requirements of subsection (a) and of section 6041. (ii) Penalties made applicable For purposes of sections 6674and 7204, the statements required to be furnished by subparagraph (A) shall be treated as statements required under this section to be furnished to employees. (2) Information required to be furnished by employer Every employer who receives a statement under paragraph (1)(A) with respect to sick pay paid to any employee during any calendar year shall, on or before January 31 of the succeeding year, furnish a written statement to such employee showing (A) the information shown on the statement furnished under paragraph (1)(A), and (B) if any portion of the sick pay is excludable from gross income under section 104 (a)(3), the portion which is not so excludable and the portion which is so excludable. To the extent practicable, the information required under the preceding sentence shall be furnished on or with the statement (if any) required under subsection (a).
6052. Returns regarding payment of wages in the form of group-term life insurance
(a) Requirement of reporting Every employer who during any calendar year provides group-term life insurance on the life of an employee during part or all of such calendar year under a policy (or policies) carried directly or indirectly by such employer shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the cost of such insurance and the name and address of the employee on whose life such insurance is provided, but only to the extent that the cost of such insurance is includible in the employees gross income under section 79 (a). For purposes of this section, the extent to which the cost of group-term life insurance is includible in the employees gross income under section 79 (a) shall be determined as if the employer were the only employer paying such employee remuneration in the form of such insurance. (b) Statements to be furnished to employees with respect to whom information is required Every employer required to make a return under subsection (a) shall furnish to each employee whose name is required to be set forth in such return a written statement showing the cost of the group-term life insurance shown on such return. The written statement required under the preceding sentence shall be furnished to the employee on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
6053. Reporting of tips

(a) Reports by employees Every employee who, in the course of his employment by an employer, receives in any calendar month tips which are wages (as defined in section3121 (a) or section 3401 (a)) or which are compensation (as defined in section 3231 (e)) shall report all such tips in one or more written statements furnished to his employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such regulations, at such other times before such 10th day, and in such form and manner, as may be prescribed by the Secretary. (b) Statements furnished by employers If the tax imposed by section 3101 or section 3201 (as the case may be) with respect to tips reported by an employee pursuant to subsection (a) exceeds the tax which can be collected by the employer pursuant to section 3102 or section 3202 (as the case may be), the employer shall furnish to the employee a written statement showing the amount of such excess. The statement required to be furnished pursuant to this subsection shall be furnished at such time, shall contain such other information, and shall be in such form as the Secretary may by regulations prescribe. When required by such regulations, a duplicate of any such statement shall be filed with the Secretary. (c) Reporting requirements relating to certain large food or beverage establishments (1) Report to Secretary In the case of a large food or beverage establishment, each employer shall report to the Secretary, at such time and manner as the Secretary may prescribe by regulation, the following information with respect to each calendar year: (A) The gross receipts of such establishment from the provision of food and beverages (other than nonallocable receipts). (B) The aggregate amount of charge receipts (other than nonallocable receipts). (C) The aggregate amount of charged tips shown on such charge receipts. (D) The sum of (i) the aggregate amount reported by employees to the employer under subsection (a), plus (ii) the amount the employer is required to report under section6051 with respect to service charges of less than 10 percent. (E) With respect to each employee, the amount allocated to such employee under paragraph (3). (2) Furnishing of statement to employees Each employer described in paragraph (1) shall furnish, in such manner as the Secretary may prescribe by regulations, to each employee of the large food or beverage establishment a written statement for each calendar year showing the following information: (A) The name and address of such employer. (B) The name of the employee. (C) The amount allocated to the employee under paragraph (3) for all payroll periods ending within the calendar year. Any statement under this paragraph shall be furnished to the employee during January of the calendar year following the calendar year for which such statement is made. (3) Employee allocation of 8 percent of gross receipts (A) In general For purposes of paragraphs (1)(E) and (2)(C), the employer of a large food or beverage establishment shall allocate (as tips for purposes of the requirements of this subsection) among employees performing services during any payroll period who customarily receive tip income an amount equal to the excess of (i) 8 percent of the gross receipts (other than nonallocable receipts) of such establishment for the payroll period, over (ii) the aggregate amount reported by such employees to the employer under subsection (a) for such period. (B) Method of allocation The employer shall allocate the amount under subparagraph (A)
(i) on the basis of a good faith agreement by the employer and the employees, or (ii) in the absence of an agreement under clause (i), in the manner determined under regulations prescribed by the Secretary. (C) The Secretary may lower the percentage required to be allocated Upon the petition of the employer or the majority of employees of such employer, the Secretary may reduce (but not below 2 percent) the percentage of gross receipts required to be allocated under subparagraph (A) where he determines that the percentage of gross receipts constituting tips is less than 8 percent. (4) Large food or beverage establishment For purposes of this subsection, the term large food or beverage establishment means any trade or business (or portion thereof) (A) which provides food or beverages, (B) with respect to which the tipping of employees serving food or beverages by customers is customary, and (C) which normally employed more than 10 employees on a typical business day during the preceding calendar year. For purposes of subparagraph (C), rules similar to the rules of subsections (a) and (b) of section 52 shall apply under regulations prescribed by the Secretary, and an individual who owns 50 percent or more in value of the stock of the corporation operating the establishment shall not be treated as an employee. (5) Employer not to be liable for wrong allocations The employer shall not be liable to any person if any amount is improperly allocated under paragraph (3)(B) if such allocation is done in accordance with the regulations prescribed under paragraph (3)(B). (6) Nonallocable receipts defined For purposes of this subsection, the term nonallocable receipts means receipts which are allocable to (A) carryout sales, or (B) services with respect to which a service charge of 10 percent or more is added. (7) Application to new businesses The Secretary shall prescribe regulations for the application of this subsection to new businesses.
[Subpart DRepealed]
[ 6056. Repealed.]
6056. Repealed. Pub. L. 96603, 1(c), Dec. 28, 1980, 94 Stat. 3504]
Section, added Pub. L. 91172, title I, 101(d)(3), Dec. 30, 1969, 83 Stat. 521; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, required an annual report by private foundations having at least $5,000 of assets at any time during a taxable year, prescribed the contents of the report and the form to be used, and provided special rules concerning information to be filed with the report and availability of the report.
Subpart ERegistration of and Information Concerning Pension, Etc., Plans

6057. Annual registration, etc.
6058. Information required in connection with certain plans of deferred compensation 6059. Periodic report of actuary
6057. Annual registration, etc.

(a) Annual registration (1) General rule Within such period after the end of a plan year as the Secretary may by regulations prescribe, the plan administrator (within the meaning of section 414(g)) of each plan to which the vesting standards of section 203 of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 applies for such plan year shall file a registration statement with the Secretary. (2) Contents The registration statement required by paragraph (1) shall set forth (A) the name of the plan, (B) the name and address of the plan administrator, (C) the name and taxpayer identifying number of each participant in the plan (i) who, during such plan year, separated from the service covered by the plan, (ii) who is entitled to a deferred vested benefit under the plan as of the end of such plan year, and (iii) with respect to whom retirement benefits were not paid under the plan during such plan year, (D) the nature, amount, and form of the deferred vested benefit to which such participant is entitled, and (E) such other information as the Secretary may require. At the time he files the registration statement under this subsection, the plan administrator shall furnish evidence satisfactory to the Secretary that he has complied with the requirement contained in subsection (e). (b) Notification of change in status Any plan administrator required to register under subsection (a) shall also notify the Secretary, at such time as may be prescribed by regulations, of (1) any change in the name of the plan, (2) any change in the name or address of the plan administrator, (3) the termination of the plan, or (4) the merger or consolidation of the plan with any other plan or its division into two or more plans. (c) Voluntary reports To the extent provided in regulations prescribed by the Secretary, the Secretary may receive from (1) any plan to which subsection (a) applies, and (2) any other plan (including any governmental plan or church plan (within the meaning of section 414)),
such information (including information relating to plan years beginning before January 1, 1974) as the plan administrator may wish to file with respect to the deferred vested benefit rights of any participant separated from the service covered by the plan during any plan year. (d) Transmission of information to Commissioner of Social Security The Secretary shall transmit copies of any statements, notifications, reports, or other information obtained by him under this section to the Commissioner of Social Security. (e) Individual statement to participant Each plan administrator required to file a registration statement under subsection (a) shall, before the expiration of the time prescribed for the filing of such registration statement, also furnish to each participant described in subsection (a)(2)(C) an individual statement setting forth the information with respect to such participant required to be contained in such registration statement. Such statement shall also include a notice to the participant of any benefits which are forfeitable if the participant dies before a certain date. (f) Regulations (1) In general The Secretary, after consultation with the Commissioner of Social Security, may prescribe such regulations as may be necessary to carry out the provisions of this section. (2) Plans to which more than one employer contributes This section shall apply to any plan to which more than one employer is required to contribute only to the extent provided in regulations prescribed under this subsection. (g) Cross references For provisions relating to penalties for failure to register or furnish statements required by this section, see section 6652 (d) and section6690. For coordination between Department of the Treasury and the Department of Labor with regard to administration of this section, see section 3004 of the Employee Retirement Income Security Act of 1974.
6058. Information required in connection with certain plans of deferred compensation

(a) In general Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary may by regulations prescribe with respect to the qualification, financial conditions, and operations of the plan; except that, in the discretion of the Secretary, the employer may be relieved from stating in its return any information which is reported in other returns. (b) Actuarial statement in case of mergers, etc. Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414 (g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401 (a)(12). (c) Employer For purposes of this section, the term employer includes a person described in section 401 (c)(4) and an individual who establishes an individual retirement plan. (d) Coordination with income tax returns, etc. An individual who establishes an individual retirement plan shall not be required to file a return under this section with respect to such plan for any taxable year for which there is (1) no special IRP tax, and (2) no plan activity other than (A) the making of contributions (other than rollover contributions), and (B) the making of distributions. (e) Special IRP tax defined For purposes of this section, the term special IRP tax means a tax imposed by
(1) section 408 (f),[1] (2) section 4973, or (3) section 4974. (f) Cross references For provisions relating to penalties for failure to file a return required by this section, see section 6652 (e). For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
6059. Periodic report of actuary

(a) General rule The actuarial report described in subsection (b) shall be filed by the plan administrator (as defined in section 414(g) of each defined benefit plan to which section 412 applies, for the first plan year for which section 412 applies to the plan and for each third plan year thereafter (or more frequently if the Secretary determines that more frequent reports are necessary). (b) Actuarial report The actuarial report of a plan required by subsection (a) shall be prepared and signed by an enrolled actuary (within the meaning of section 7701 (a)(35)) and shall contain (1) a description of the funding method and actuarial assumptions used to determine costs under the plan, (2) a certification of the contribution necessary to reduce the minimum required contribution determined under section 430, or the accumulated funding deficiency determined under section 431, to zero, (3) a statement (A) that to the best of his knowledge the report is complete and accurate, and (B) the requirements for reasonable actuarial assumptions under section 430 (h) (1) or 431 (c)(3), whichever are applicable, have been complied with.[1] (4) such other information as may be necessary to fully and fairly disclose the actuarial position of the plan, and (5) such other information regarding the plan as the Secretary may by regulations require. (c) Time and manner of filing The actuarial report and statement required by this section shall be filed at the time and in the manner provided by regulations prescribed by the Secretary. (d) Cross reference For coordination between the Department of the Treasury and the Department of Labor with respect to the report required to be filed under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.
[1] So in original. The period probably should be a comma.
Subpart FInformation Concerning Tax Return Preparers
6060. Information returns of tax return preparers
6060. Information returns of tax return preparers

(a) General rule Any person who employs a tax return preparer to prepare any return or claim for refund other than for such person at any time during a return period shall make a return setting forth the name, taxpayer identification number, and place of work of each tax return preparer employed by him at any time during such period. For purposes of this section, any individual who in acting as a tax return preparer is not the employee of another tax return preparer shall be treated as his own employer. The return required by this section shall be filed, in such manner as the Secretary may by regulations prescribe, on or before the first July 31 following the end of such return period. (b) Alternative reporting In lieu of the return required by subsection (a), the Secretary may approve an alternative reporting method if he determines that the necessary information is available to him from other sources. (c) Return period defined For purposes of subsection (a), the term return period means the 12-month period beginning on July 1 of each year, except that the first return period shall be the 6-month period beginning on January 1, 1977, and ending on June 30, 1977.
PART IVSIGNING AND VERIFYING OF RETURNS AND OTHER DOCUMENTS

6061. Signing of returns and other documents 6062. Signing of corporation returns 6063. Signing of partnership returns 6064. Signature presumed authentic 6065. Verification of returns
6061. Signing of returns and other documents

(a) General rule Except as otherwise provided by subsection (b) and sections 6062 and 6063, any return, statement, or other document required to be made under any provision of the internal
revenue laws or regulations shall be signed in accordance with forms or regulations prescribed by the Secretary. (b) Electronic signatures (1) In general The Secretary shall develop procedures for the acceptance of signatures in digital or other electronic form. Until such time as such procedures are in place, the Secretary may (A) waive the requirement of a signature for; or (B) provide for alternative methods of signing or subscribing, a particular type or class of return, declaration, statement, or other document required or permitted to be made or written under internal revenue laws and regulations. (2) Treatment of alternative methods Notwithstanding any other provision of law, any return, declaration, statement, or other document filed and verified, signed, or subscribed under any method adopted under paragraph (1)(B) shall be treated for all purposes (both civil and criminal, including penalties for perjury) in the same manner as though signed or subscribed. (3) Published guidance The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1).
6062. Signing of corporation returns

The return of a corporation with respect to income shall be signed by the president, vicepresident, treasurer, assistant treasurer, chief accounting officer or any other officer duly authorized so to act. In the case of a return made for a corporation by a fiduciary pursuant to the provisions of section 6012 (b)(3), such fiduciary shall sign the return. The fact that an individuals name is signed on the return shall be prima facie evidence that such individual is authorized to sign the return on behalf of the corporation.
6063. Signing of partnership returns

The return of a partnership made under section 6031 shall be signed by any one of the partners. The fact that a partners name is signed on the return shall be prima facie evidence that such partner is authorized to sign the return on behalf of the partnership.
6064. Signature presumed authentic

The fact that an individuals name is signed to a return, statement, or other document shall be prima facie evidence for all purposes that the return, statement, or other document was actually signed by him.
6065. Verification of returns

Except as otherwise provided by the Secretary, any return, declaration, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury.
PART VTIME FOR FILING RETURNS AND OTHER DOCUMENTS

6071. Time for filing returns and other documents 6072. Time for filing income tax returns [ 6073. Repealed.] [ 6074. Repealed.] 6075. Time for filing estate and gift tax returns [ 6076. Repealed.]
6071. Time for filing returns and other documents

(a) General rule When not otherwise provided for by this title, the Secretary shall by regulations prescribe the time for filing any return, statement, or other document required by this title or by regulations. (b) Electronically filed information returns Returns made under subparts B and C of part III of this subchapter which are filed electronically shall be filed on or before March 31 of the year following the calendar year to which such returns relate. (c) Special taxes For payment of special taxes before engaging in certain trades and businesses, see section 4901 and section 5732.
6072. Time for filing income tax returns

(a) General rule In the case of returns under section 6012, 6013, 6017, or 6031 (relating to income tax under subtitle A), returns made on the basis of the calendar year shall be filed on or before the 15th day of April following the close of the calendar year and returns made on the basis of a fiscal year shall be filed on or before the 15th day of the fourth month following the close of the fiscal year, except as otherwise provided in the following subsections of this section. (b) Returns of corporations Returns of corporations under section 6012 made on the basis of the calendar year shall be filed on or before the 15th day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the third month following the close of the fiscal year. Returns required for a taxable year by section 6011 (e)(2) (relating to returns of a DISC) shall be filed on or before the fifteenth day of the ninth month following the close of the taxable year. (c) Returns by certain nonresident alien individuals and foreign corporations Returns made by nonresident alien individuals (other than those whose wages are subject to withholding under chapter 24) and foreign corporations (other than those having an office or
place of business in the United States or a former FSC (as defined in section 922 as in effect before its repeal by the FSC Repeal and Extraterritorial Income Exclusion Act of 2000)) under section6012 on the basis of a calendar year shall be filed on or before the 15th day of June following the close of the calendar year and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the 6th month following the close of the fiscal year. (d) Returns of cooperative associations In the case of an income tax return of (1) an exempt cooperative association described in section 1381 (a)(1), or (2) an organization described in section 1381 (a)(2) which is under an obligation to pay patronage dividends (as defined in section 1388 (a)) in an amount equal to at least 50 percent of its net earnings from business done with or for its patrons, or which paid patronage dividends in such an amount out of the net earnings from business done with or for patrons during the most recent taxable year for which it had such net earnings, a return made on the basis of a calendar year shall be filed on or before the 15th day of September following the close of the calendar year, and a return made on the basis of a fiscal year shall be filed on or before the 15th day of the 9th month following the close of the fiscal year. (e) Organizations exempt from taxation under section 501 (a) In the case of an income tax return of an organization exempt from taxation under section 501 (a) (other than an employees trust described in section401 (a)), a return shall be filed on or before the 15th day of the 5th month following the close of the taxable year.
6073. Repealed. Pub. L. 98369, div. A, title IV, 412(a)(2), July 18, 1984, 98 Stat. 792]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 750; Sept. 25, 1962, Pub. L. 87682, 1(a) (2), (b), (c), 76 Stat. 575; Oct. 4, 1976, Pub. L. 94455, title X, 1012(c), title XIX, 1906(b)(13)(A), 90 Stat. 1614, 1834; Nov. 10, 1978, Pub. L. 95628, 7(a), 92 Stat. 3630; Sept. 3, 1982, Pub. L. 97248, title III, 328(b)(2), 96 Stat. 618, related to time for filing declarations of estimated income tax by individuals.
6074. Repealed. Pub. L. 90364, title I, 103(a), June 28, 1968, 82 Stat. 260]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 751; Feb. 26, 1964, Pub. L. 88272, title I, 122(b), 78 Stat. 27, provided for the time of filing declarations of estimated income tax by corporations.
6075. Time for filing estate and gift tax returns

(a) Returns relating to large transfers at death The return required by section 6018 with respect to a decedent shall be filed with the return of the tax imposed by chapter 1 for the decedents last taxable year or such later date specified in regulations prescribed by the Secretary.
(b) Gift tax returns (1) General rule Returns made under section 6019 (relating to gift taxes) shall be filed on or before the 15th day of April following the close of the calendar year. (2) Extension where taxpayer granted extension for filing income tax return Any extension of time granted the taxpayer for filing the return of income taxes imposed by subtitle A for any taxable year which is a calendar year shall be deemed to be also an extension of time granted the taxpayer for filing the return under section 6019 for such calendar year. (3) Coordination with due date for section 6018 return Notwithstanding paragraphs (1) and (2), the time for filing the return made under section 6019 for the calendar year which includes the date of death of the donor shall not be later than the time (including extensions) for filing the return made under section 6018 (relating to returns relating to large transfers at death) with respect to such donor.
6076. Repealed. Pub. L. 100418, title I, 1941(b)(1), Aug. 23, 1988, 102 Stat. 1323]
Section, added Pub. L. 96223, title I, 101(c)(1)(A), Apr. 2, 1980, 94 Stat. 250, related to time for filing return of windfall profit tax.
PART VIEXTENSION OF TIME FOR FILING RETURNS

6081. Extension of time for filing returns
6081. Extension of time for filing returns

(a) General rule The Secretary may grant a reasonable extension of time for filing any return, declaration, statement, or other document required by this title or by regulations. Except in the case of taxpayers who are abroad, no such extension shall be for more than 6 months. (b) Automatic extension for corporation income tax returns An extension of 3 months for the filing of the return of income taxes imposed by subtitle A shall be allowed any corporation if, in such manner and at such time as the Secretary may by regulations prescribe, there is filed on behalf of such corporation the form prescribed by the Secretary, and if such corporation pays, on or before the date prescribed for payment of the tax, the amount properly estimated as its tax; but this extension may be terminated at any time by the Secretary by mailing to the taxpayer notice of such termination at least 10 days prior to the date for termination fixed in such notice. (c) Cross references
For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
PART VIIPLACE FOR FILING RETURNS OR OTHER DOCUMENTS

6091. Place for filing returns or other documents
6091. Place for filing returns or other documents

(a) General rule When not otherwise provided for by this title, the Secretary shall by regulations prescribe the place for the filing of any return, declaration, statement, or other document, or copies thereof, required by this title or by regulations. (b) Tax returns In the case of returns of tax required under authority of part II of this subchapter (1) Persons other than corporations (A) General rule Except as provided in subparagraph (B), a return (other than a corporation return) shall be made to the Secretary (i) in the internal revenue district in which is located the legal residence or principal place of business of the person making the return, or (ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary may by regulations designate. (B) Exception Returns of (i) persons who have no legal residence or principal place of business in any internal revenue district, (ii) citizens of the United States whose principal place of abode for the period with respect to which the return is filed is outside the United States, (iii) persons who claim the benefits of section 911 (relating to citizens or residents of the United States living abroad), section931 (relating to income from sources within Guam, American Samoa, or the Northern Mariana Islands), or section 933 (relating to income from sources within Puerto Rico), (iv) nonresident alien persons, and (v) persons with respect to whom an assessment was made under section 6851 (a) or 6852 (a) (relating to termination assessments) with respect to the taxable year, shall be made at such place as the Secretary may by regulations designate. (2) Corporations (A) General rule Except as provided in subparagraph (B), a return of a corporation shall be made to the Secretary (i) in the internal revenue district in which is located the principal place of business or principal office or agency of the corporation, or
(ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary may by regulations designate. (B) Exception Returns of (i) corporations which have no principal place of business or principal office or agency in any internal revenue district, (ii) corporations which claim the benefits of section 936 (relating to possession tax credit), and [1] (iii) foreign corporations, and (iv) corporations with respect to which an assessment was made under section 6851 (a) (relating to termination assessments) with respect to the taxable year, shall be made at such place as the Secretary may by regulations designate. (3) Estate tax returns (A) General rule Except as provided in subparagraph (B), returns of estate tax required under section 6018 shall be made to the Secretary (i) in the internal revenue district in which was the domicile of the decedent at the time of his death, or (ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary may by regulations designate. (B) Exception If the domicile of the decedent was not in an internal revenue district, or if he had no domicile, the estate tax return required under section 6018 shall be made at such place as the Secretary may by regulations designate. (4) Hand-carried returns Notwithstanding paragraph (1), (2), or (3), a return to which paragraph (1)(A), (2)(A), or (3) (A) would apply, but for this paragraph, which is made to the Secretary by handcarrying shall, under regulations prescribed by the Secretary, be made in the internal revenue district referred to in paragraph (1)(A)(i), (2)(A)(i), or (3)(A)(i), as the case may be. (5) Exceptional cases Notwithstanding paragraph (1), (2), (3), or (4) of this subsection, the Secretary may permit a return to be filed in any internal revenue district, and may require the return of any officer or employee of the Treasury Department to be filed in any internal revenue district selected by the Secretary. (6) Alcohol, tobacco, and firearms returns, etc. In the case of any return of tax imposed by section 4181 or subtitle E (relating to taxes on alcohol, tobacco, and firearms), subsection (a) shall apply (and this subsection shall not apply).
[1] So in original. Word and probably is superfluous.
PART VIIIDESIGNATION OF INCOME TAX PAYMENTS TO PRESIDENTIAL ELECTION CAMPAIGN FUND

6096. Designation by individuals
6096. Designation by individuals

(a) In general Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Presidential Election Campaign Fund in accordance with the provisions of section 9006 (a). In the case of a joint return of husband and wife having an income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund. (b) Income tax liability For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof). (c) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayers signature.
Subchapter BMiscellaneous Provisions

6101. Period covered by returns or other documents 6102. Computations on returns or other documents 6103. Confidentiality and disclosure of returns and return information
6104. Publicity of information required from certain exempt organizations and certain trusts 6105. Confidentiality of information arising under treaty obligations [ 6106. Repealed.]
6107. Tax return preparer must furnish copy of return to taxpayer and must retain a copy or list 6108. Statistical publications and studies 6109. Identifying numbers 6110. Public inspection of written determinations 6111. Disclosure of reportable transactions
6112. Material advisors of reportable transactions must keep lists of advisees, etc. 6113. Disclosure of nondeductibility of contributions
6114. Treaty-based return positions 6115. Disclosure related to quid pro quo contributions 6116. Cross reference
6101. Period covered by returns or other documents

When not otherwise provided for by this title, the Secretary may by regulations prescribe the period for which, or the date as of which, any return, statement, or other document required by this title or by regulations, shall be made.
6102. Computations on returns or other documents

(a) Amounts shown on internal revenue forms The Secretary is authorized to provide with respect to any amount required to be shown on a form prescribed for any internal revenue return, statement, or other document, that if such amount of such item is other than a whole-dollar amount, either (1) the fractional part of a dollar shall be disregarded; or (2) the fractional part of a dollar shall be disregarded unless it amounts to one-half dollar or more, in which case the amount (determined without regard to the fractional part of a dollar) shall be increased by $1. (b) Election not to use whole dollar amounts Any person making a return, statement, or other document shall be allowed, under regulations prescribed by the Secretary, to make such return, statement, or other document without regard to subsection (a). (c) Inapplicability to computation of amount The provisions of subsections (a) and (b) shall not be applicable to items which must be taken into account in making the computations necessary to determine the amount required to be shown on a form, but shall be applicable only to such final amount.
6103. Confidentiality and disclosure of returns and return information

(a) General rule Returns and return information shall be confidential, and except as authorized by this title (1) no officer or employee of the United States, (2) no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(7)(A), any local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104 (c), and (3) no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (e)(1)(D)(iii), paragraph (6), (10), (12), (16), (19), or (20) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n), shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this
section. For purposes of this subsection, the term officer or employee includes a former officer or employee. (b) Definitions For purposes of this section (1) Return The term return means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of this title which is filed with the Secretary by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed. (2) Return information The term return information means (A) a taxpayers identity, the nature, source, or amount of his income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, deficiencies, overassessments, or tax payments, whether the taxpayers return was, is being, or will be examined or subject to other investigation or processing, or any other data, received by, recorded by, prepared by, furnished to, or collected by the Secretary with respect to a return or with respect to the determination of the existence, or possible existence, of liability (or the amount thereof) of any person under this title for any tax, penalty, interest, fine, forfeiture, or other imposition, or offense, (B) any part of any written determination or any background file document relating to such written determination (as such terms are defined in section 6110 (b)) which is not open to public inspection under section 6110, (C) any advance pricing agreement entered into by a taxpayer and the Secretary and any background information related to such agreement or any application for an advance pricing agreement, and (D) any agreement under section 7121, and any similar agreement, and any background information related to such an agreement or request for such an agreement, but such term does not include data in a form which cannot be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. Nothing in the preceding sentence, or in any other provision of law, shall be construed to require the disclosure of standards used or to be used for the selection of returns for examination, or data used or to be used for determining such standards, if the Secretary determines that such disclosure will seriously impair assessment, collection, or enforcement under the internal revenue laws. (3) Taxpayer return information The term taxpayer return information means return information as defined in paragraph (2) which is filed with, or furnished to, the Secretary by or on behalf of the taxpayer to whom such return information relates. (4) Tax administration The term tax administration (A) means (i) the administration, management, conduct, direction, and supervision of the execution and application of the internal revenue laws or related statutes (or equivalent laws and statutes of a State) and tax conventions to which the United States is a party, and (ii) the development and formulation of Federal tax policy relating to existing or proposed internal revenue laws, related statutes, and tax conventions, and (B) includes assessment, collection, enforcement, litigation, publication, and statistical gathering functions under such laws, statutes, or conventions. (5) State (A) In general The term State means (i) any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, (ii) for purposes of subsections (a)(2), (b)(4), (d)(1), (h)(4), and (p), any municipality (I) with a population in excess of 250,000 (as determined under the most recent decennial United States census data available), (II) which imposes a tax on income or wages, and
(III) with which the Secretary (in his sole discretion) has entered into an agreement regarding disclosure, and (iii) for purposes of subsections (a)(2), (b)(4), (d)(1), (h)(4), and (p), any governmental entity (I) which is formed and operated by a qualified group of municipalities, and (II) with which the Secretary (in his sole discretion) has entered into an agreement regarding disclosure. (B) Regional income tax agencies For purposes of subparagraph (A)(iii) (i) Qualified group of municipalities The term qualified group of municipalities means, with respect to any governmental entity, 2 or more municipalities (I) each of which imposes a tax on income or wages, (II) each of which, under the authority of a State statute, administers the laws relating to the imposition of such taxes through such entity, and (III) which collectively have a population in excess of 250,000 (as determined under the most recent decennial United States census data available). (ii) References to State law, etc. For purposes of applying subparagraph (A)(iii) to the subsections referred to in such subparagraph, any reference in such subsections to State law, proceedings, or tax returns shall be treated as references to the law, proceedings, or tax returns, as the case may be, of the municipalities which form and operate the governmental entity referred to in such subparagraph. (iii) Disclosure to contractors and other agents Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor or other agent of a governmental entity referred to in subparagraph (A)(iii) unless such entity, to the satisfaction of the Secretary (I) has requirements in effect which require each such contractor or other agent which would have access to returns or return information to provide safeguards (within the meaning of subsection (p)(4)) to protect the confidentiality of such returns or return information, (II) agrees to conduct an on-site review every 3 years (or a mid-point review in the case of contracts or agreements of less than 3 years in duration) of each contractor or other agent to determine compliance with such requirements, (III) submits the findings of the most recent review conducted under subclause (II) to the Secretary as part of the report required by subsection (p)(4)(E), and (IV) certifies to the Secretary for the most recent annual period that such contractor or other agent is in compliance with all such requirements. The certification required by subclause (IV) shall include the name and address of each contractor and other agent, a description of the contract or agreement with such contractor or other agent, and the duration of such contract or agreement. The requirements of this clause shall not apply to disclosures pursuant to subsection (n) for purposes of Federal tax administration and a rule similar to the rule of subsection (p)(8)(B) shall apply for purposes of this clause. (6) Taxpayer identity The term taxpayer identity means the name of a person with respect to whom a return is filed, his mailing address, his taxpayer identifying number (as described in section 6109), or a combination thereof. (7) Inspection The terms inspected and inspection mean any examination of a return or return information. (8) Disclosure The term disclosure means the making known to any person in any manner whatever a return or return information. (9) Federal agency The term Federal agency means an agency within the meaning of section 551 (1) of title 5, United States Code. (10) Chief executive officer The term chief executive officer means, with respect to any municipality, any elected official and the chief official (even if not elected) of such municipality. (11) Terrorist incident, threat, or activity
The term terrorist incident, threat, or activity means an incident, threat, or activity involving an act of domestic terrorism (as defined in section2331 (5) of title 18, United States Code) or international terrorism (as defined in section 2331(1) of such title). (c) Disclosure of returns and return information to designee of taxpayer The Secretary may, subject to such requirements and conditions as he may prescribe by regulations, disclose the return of any taxpayer, or return information with respect to such taxpayer, to such person or persons as the taxpayer may designate in a request for or consent to such disclosure, or to any other person at the taxpayers request to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person. However, return information shall not be disclosed to such person or persons if the Secretary determines that such disclosure would seriously impair Federal tax administration. (d) Disclosure to State tax officials and State and local law enforcement agencies (1) In general Returns and return information with respect to taxes imposed by chapters 1, 2, 6, 11, 12, 21, 23, 24, 31, 32, 44, 51, and 52 and subchapter D of chapter 36 shall be open to inspection by, or disclosure to, any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws for the purpose of, and only to the extent necessary in, the administration of such laws, including any procedures with respect to locating any person who may be entitled to a refund. Such inspection shall be permitted, or such disclosure made, only upon written request by the head of such agency, body, or commission, and only to the representatives of such agency, body, or commission designated in such written request as the individuals who are to inspect or to receive the returns or return information on behalf of such agency, body, or commission. Such representatives shall not include any individual who is the chief executive officer of such State or who is neither an employee or legal representative of such agency, body, or commission nor a person described in subsection (n). However, such return information shall not be disclosed to the extent that the Secretary determines that such disclosure would identify a confidential informant or seriously impair any civil or criminal tax investigation. (2) Disclosure to State audit agencies (A) In general Any returns or return information obtained under paragraph (1) by any State agency, body, or commission may be open to inspection by, or disclosure to, officers and employees of the State audit agency for the purpose of, and only to the extent necessary in, making an audit of the State agency, body, or commission referred to in paragraph (1). (B) State audit agency For purposes of subparagraph (A), the term State audit agency means any State agency, body, or commission which is charged under the laws of the State with the responsibility of auditing State revenues and programs. (3) Exception for reimbursement under section 7624 Nothing in this section shall be construed to prevent the Secretary from disclosing to any State or local law enforcement agency which may receive a payment under section 7624 the amount of the recovered taxes with respect to which such a payment may be made. (4) Availability and use of death information (A) In general No returns or return information may be disclosed under paragraph (1) to any agency, body, or commission of any State (or any legal representative thereof) during any period during which a contract meeting the requirements of subparagraph (B) is not in effect between such State and the Secretary of Health and Human Services. (B) Contractual requirements A contract meets the requirements of this subparagraph if (i) such contract requires the State to furnish the Secretary of Health and Human Services information concerning individuals with respect to whom death certificates (or equivalent documents maintained by the State or any subdivision thereof) have been officially filed with it, and (ii) such contract does not include any restriction on the use of information obtained by such Secretary pursuant to such contract, except that such contract may provide that such
information is only to be used by the Secretary (or any other Federal agency) for purposes of ensuring that Federal benefits or other payments are not erroneously paid to deceased individuals. Any information obtained by the Secretary of Health and Human Services under such a contract shall be exempt from disclosure under section 552 of title 5, United States Code, and from the requirements of section 552a of such title 5. (C) Special exception The provisions of subparagraph (A) shall not apply to any State which on July 1, 1993, was not, pursuant to a contract, furnishing the Secretary of Health and Human Services information concerning individuals with respect to whom death certificates (or equivalent documents maintained by the State or any subdivision thereof) have been officially filed with it. (5) Disclosure for combined employment tax reporting (A) In general The Secretary may disclose taxpayer identity information and signatures to any agency, body, or commission of any State for the purpose of carrying out with such agency, body, or commission a combined Federal and State employment tax reporting program approved by the Secretary. Subsections (a)(2) and (p)(4) and sections 7213 and 7213A shall not apply with respect to disclosures or inspections made pursuant to this paragraph. (B) Termination The Secretary may not make any disclosure under this paragraph after December 31, 2007. (6) Limitation on disclosure regarding regional income tax agencies treated as States For purposes of paragraph (1), inspection by or disclosure to an entity described in subsection (b)(5)(A)(iii) shall be for the purpose of, and only to the extent necessary in, the administration of the laws of the member municipalities in such entity relating to the imposition of a tax on income or wages. Such entity may not redisclose any return or return information received pursuant to paragraph (1) to any such member municipality. (e) Disclosure to persons having material interest (1) In general The return of a person shall, upon written request, be open to inspection by or disclosure to (A) in the case of the return of an individual (i) that individual, (ii) the spouse of that individual if the individual and such spouse have signified their consent to consider a gift reported on such return as made one-half by him and one-half by the spouse pursuant to the provisions of section 2513; or (iii) the child of that individual (or such childs legal representative) to the extent necessary to comply with the provisions of section 1 (g); (B) in the case of an income tax return filed jointly, either of the individuals with respect to whom the return is filed; (C) in the case of the return of a partnership, any person who was a member of such partnership during any part of the period covered by the return; (D) in the case of the return of a corporation or a subsidiary thereof (i) any person designated by resolution of its board of directors or other similar governing body, (ii) any officer or employee of such corporation upon written request signed by any principal officer and attested to by the secretary or other officer, (iii) any bona fide shareholder of record owning 1 percent or more of the outstanding stock of such corporation, (iv) if the corporation was an S corporation, any person who was a shareholder during any part of the period covered by such return during which an election under section 1362 (a) was in effect, or (v) if the corporation has been dissolved, any person authorized by applicable State law to act for the corporation or any person who the Secretary finds to have a material interest which will be affected by information contained therein; (E) in the case of the return of an estate (i) the administrator, executor, or trustee of such estate, and
(ii) any heir at law, next of kin, or beneficiary under the will, of the decedent, but only if the Secretary finds that such heir at law, next of kin, or beneficiary has a material interest which will be affected by information contained therein; and (F) in the case of the return of a trust (i) the trustee or trustees, jointly or separately, and (ii) any beneficiary of such trust, but only if the Secretary finds that such beneficiary has a material interest which will be affected by information contained therein. (2) Incompetency If an individual described in paragraph (1) is legally incompetent, the applicable return shall, upon written request, be open to inspection by or disclosure to the committee, trustee, or guardian of his estate. (3) Deceased individuals The return of a decedent shall, upon written request, be open to inspection by or disclosure to (A) the administrator, executor, or trustee of his estate, and (B) any heir at law, next of kin, or beneficiary under the will, of such decedent, or a donee of property, but only if the Secretary finds that such heir at law, next of kin, beneficiary, or donee has a material interest which will be affected by information contained therein. (4) Title 11 cases and receivership proceedings If (A) there is a trustee in a title 11 case in which the debtor is the person with respect to whom the return is filed, or (B) substantially all of the property of the person with respect to whom the return is filed is in the hands of a receiver, such return or returns for prior years of such person shall, upon written request, be open to inspection by or disclosure to such trustee or receiver, but only if the Secretary finds that such trustee or receiver, in his fiduciary capacity, has a material interest which will be affected by information contained therein. (5) Individuals title 11 case (A) In general In any case to which section 1398 applies (determined without regard to section 1398 (b) (1)), any return of the debtor for the taxable year in which the case commenced or any preceding taxable year shall, upon written request, be open to inspection by or disclosure to the trustee in such case. (B) Return of estate available to debtor Any return of an estate in a case to which section 1398 applies shall, upon written request, be open to inspection by or disclosure to the debtor in such case. (C) Special rule for involuntary cases In an involuntary case, no disclosure shall be made under subparagraph (A) until the order for relief has been entered by the court having jurisdiction of such case unless such court finds that such disclosure is appropriate for purposes of determining whether an order for relief should be entered. (6) Attorney in fact Any return to which this subsection applies shall, upon written request, also be open to inspection by or disclosure to the attorney in fact duly authorized in writing by any of the persons described in paragraph (1), (2), (3), (4), (5), (8), or (9) to inspect the return or receive the information on his behalf, subject to the conditions provided in such paragraphs. (7) Return information Return information with respect to any taxpayer may be open to inspection by or disclosure to any person authorized by this subsection to inspect any return of such taxpayer if the Secretary determines that such disclosure would not seriously impair Federal tax administration. (8) Disclosure of collection activities with respect to joint return If any deficiency of tax with respect to a joint return is assessed and the individuals filing such return are no longer married or no longer reside in the same household, upon request in writing by either of such individuals, the Secretary shall disclose in writing to the individual making the request whether the Secretary has attempted to collect such deficiency from such other individual, the general nature of such collection activities, and the amount collected.
The preceding sentence shall not apply to any deficiency which may not be collected by reason of section6502. (9) Disclosure of certain information where more than 1 person subject to penalty under section 6672 If the Secretary determines that a person is liable for a penalty under section 6672 (a) with respect to any failure, upon request in writing of such person, the Secretary shall disclose in writing to such person (A) the name of any other person whom the Secretary has determined to be liable for such penalty with respect to such failure, and (B) whether the Secretary has attempted to collect such penalty from such other person, the general nature of such collection activities, and the amount collected. (10) Limitation on certain disclosures under this subsection In the case of an inspection or disclosure under this subsection relating to the return of a partnership, S corporation, trust, or an estate, the information inspected or disclosed shall not include any supporting schedule, attachment, or list which includes the taxpayer identity information of a person other than the entity making the return or the person conducting the inspection or to whom the disclosure is made. (f) Disclosure to Committees of Congress (1) Committee on Ways and Means, Committee on Finance, and Joint Committee on Taxation Upon written request from the chairman of the Committee on Ways and Means of the House of Representatives, the chairman of the Committee on Finance of the Senate, or the chairman of the Joint Committee on Taxation, the Secretary shall furnish such committee with any return or return information specified in such request, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure. (2) Chief of Staff of Joint Committee on Taxation Upon written request by the Chief of Staff of the Joint Committee on Taxation, the Secretary shall furnish him with any return or return information specified in such request. Such Chief of Staff may submit such return or return information to any committee described in paragraph (1), except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure. (3) Other committees Pursuant to an action by, and upon written request by the chairman of, a committee of the Senate or the House of Representatives (other than a committee specified in paragraph (1)) specially authorized to inspect any return or return information by a resolution of the Senate or the House of Representatives or, in the case of a joint committee (other than the joint committee specified in paragraph (1)) by concurrent resolution, the Secretary shall furnish such committee, or a duly authorized and designated subcommittee thereof, sitting in closed executive session, with any return or return information which such resolution authorizes the committee or subcommittee to inspect. Any resolution described in this paragraph shall specify the purpose for which the return or return information is to be furnished and that such information cannot reasonably be obtained from any other source. (4) Agents of committees and submission of information to Senate or House of Representatives (A) Committees described in paragraph (1) Any committee described in paragraph (1) or the Chief of Staff of the Joint Committee on Taxation shall have the authority, acting directly, or by or through such examiners or agents as the chairman of such committee or such chief of staff may designate or appoint, to inspect returns and return information at such time and in such manner as may be determined by such chairman or chief of staff. Any return or return information obtained by or on behalf of such committee pursuant to the provisions of this subsection may be submitted by the committee to the Senate or the House of Representatives, or to both. The Joint Committee on Taxation may also submit such return or return information to any other committee described in paragraph (1), except that any return or return information which can be associated with,
or otherwise identify, directly or indirectly, a particular taxpayer shall be furnished to such committee only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure. (B) Other committees Any committee or subcommittee described in paragraph (3) shall have the right, acting directly, or by or through no more than four examiners or agents, designated or appointed in writing in equal numbers by the chairman and ranking minority member of such committee or subcommittee, to inspect returns and return information at such time and in such manner as may be determined by such chairman and ranking minority member. Any return or return information obtained by or on behalf of such committee or subcommittee pursuant to the provisions of this subsection may be submitted by the committee to the Senate or the House of Representatives, or to both, except that any return or return information which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer, shall be furnished to the Senate or the House of Representatives only when sitting in closed executive session unless such taxpayer otherwise consents in writing to such disclosure. (5) Disclosure by whistleblower Any person who otherwise has or had access to any return or return information under this section may disclose such return or return information to a committee referred to in paragraph (1) or any individual authorized to receive or inspect information under paragraph (4)(A) if such person believes such return or return information may relate to possible misconduct, maladministration, or taxpayer abuse. (g) Disclosure to President and certain other persons (1) In general Upon written request by the President, signed by him personally, the Secretary shall furnish to the President, or to such employee or employees of the White House Office as the President may designate by name in such request, a return or return information with respect to any taxpayer named in such request. Any such request shall state (A) the name and address of the taxpayer whose return or return information is to be disclosed, (B) the kind of return or return information which is to be disclosed, (C) the taxable period or periods covered by such return or return information, and (D) the specific reason why the inspection or disclosure is requested. (2) Disclosure of return information as to Presidential appointees and certain other Federal Government appointees The Secretary may disclose to a duly authorized representative of the Executive Office of the President or to the head of any Federal agency, upon written request by the President or head of such agency, or to the Federal Bureau of Investigation on behalf of and upon written request by the President or such head, return information with respect to an individual who is designated as being under consideration for appointment to a position in the executive or judicial branch of the Federal Government. Such return information shall be limited to whether such individual (A) has filed returns with respect to the taxes imposed under chapter 1 for not more than the immediately preceding 3 years; (B) has failed to pay any tax within 10 days after notice and demand, or has been assessed any penalty under this title for negligence, in the current year or immediately preceding 3 years; (C) has been or is under investigation for possible criminal offenses under the internal revenue laws and the results of any such investigation; or (D) has been assessed any civil penalty under this title for fraud. Within 3 days of the receipt of any request for any return information with respect to any individual under this paragraph, the Secretary shall notify such individual in writing that such information has been requested under the provisions of this paragraph. (3) Restriction on disclosure The employees to whom returns and return information are disclosed under this subsection shall not disclose such returns and return information to any other person except the President or the head of such agency without the personal written direction of the President or the head of such agency. (4) Restriction on disclosure to certain employees
Disclosure of returns and return information under this subsection shall not be made to any employee whose annual rate of basic pay is less than the annual rate of basic pay specified for positions subject to section 5316 of title 5, United States Code. (5) Reporting requirements Within 30 days after the close of each calendar quarter, the President and the head of any agency requesting returns and return information under this subsection shall each file a report with the Joint Committee on Taxation setting forth the taxpayers with respect to whom such requests were made during such quarter under this subsection, the returns or return information involved, and the reasons for such requests. The President shall not be required to report on any request for returns and return information pertaining to an individual who was an officer or employee of the executive branch of the Federal Government at the time such request was made. Reports filed pursuant to this paragraph shall not be disclosed unless the Joint Committee on Taxation determines that disclosure thereof (including identifying details) would be in the national interest. Such reports shall be maintained by the Joint Committee on Taxation for a period not exceeding 2 years unless, within such period, the Joint Committee on Taxation determines that a disclosure to the Congress is necessary. (h) Disclosure to certain Federal officers and employees for purposes of tax administration, etc. (1) Department of the Treasury Returns and return information shall, without written request, be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for tax administration purposes. (2) Department of Justice In a matter involving tax administration, a return or return information shall be open to inspection by or disclosure to officers and employees of the Department of Justice (including United States attorneys) personally and directly engaged in, and solely for their use in, any proceeding before a Federal grand jury or preparation for any proceeding (or investigation which may result in such a proceeding) before a Federal grand jury or any Federal or State court, but only if (A) the taxpayer is or may be a party to the proceeding, or the proceeding arose out of, or in connection with, determining the taxpayers civil or criminal liability, or the collection of such civil liability in respect of any tax imposed under this title; (B) the treatment of an item reflected on such return is or may be related to the resolution of an issue in the proceeding or investigation; or (C) such return or return information relates or may relate to a transactional relationship between a person who is or may be a party to the proceeding and the taxpayer which affects, or may affect, the resolution of an issue in such proceeding or investigation. (3) Form of request In any case in which the Secretary is authorized to disclose a return or return information to the Department of Justice pursuant to the provisions of this subsection (A) if the Secretary has referred the case to the Department of Justice, or if the proceeding is authorized by subchapter B of chapter 76, the Secretary may make such disclosure on his own motion, or (B) if the Secretary receives a written request from the Attorney General, the Deputy Attorney General, or an Assistant Attorney General for a return of, or return information relating to, a person named in such request and setting forth the need for the disclosure, the Secretary shall disclose return or return the information so requested. (4) Disclosure in judicial and administrative tax proceedings A return or return information may be disclosed in a Federal or State judicial or administrative proceeding pertaining to tax administration, but only (A) if the taxpayer is a party to the proceeding, or the proceeding arose out of, or in connection with, determining the taxpayers civil or criminal liability, or the collection of such civil liability, in respect of any tax imposed under this title; (B) if the treatment of an item reflected on such return is directly related to the resolution of an issue in the proceeding; (C) if such return or return information directly relates to a transactional relationship between a person who is a party to the proceeding and the taxpayer which directly affects the resolution of an issue in the proceeding; or
(D) to the extent required by order of a court pursuant to section3500 of title 18, United States Code, or rule 16 of the Federal Rules of Criminal Procedure, such court being authorized in the issuance of such order to give due consideration to congressional policy favoring the confidentiality of returns and return information as set forth in this title. However, such return or return information shall not be disclosed as provided in subparagraph (A), (B), or (C) if the Secretary determines that such disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation. (5) Withholding of tax from social security benefits Upon written request of the payor agency, the Secretary may disclose available return information from the master files of the Internal Revenue Service with respect to the address and status of an individual as a nonresident alien or as a citizen or resident of the United States to the Social Security Administration or the Railroad Retirement Board (whichever is appropriate) for purposes of carrying out its responsibilities for withholding tax under section 1441 from social security benefits (as defined in section 86 (d)). (6) Internal Revenue Service Oversight Board (A) In general Notwithstanding paragraph (1), and except as provided in subparagraph (B), no return or return information may be disclosed to any member of the Oversight Board described in subparagraph (A) or (D) of section 7802 (b)(1) or to any employee or detailee of such Board by reason of their service with the Board. Any request for information not permitted to be disclosed under the preceding sentence, and any contact relating to a specific taxpayer, made by any such individual to an officer or employee of the Internal Revenue Service shall be reported by such officer or employee to the Secretary, the Treasury Inspector General for Tax Administration, and the Joint Committee on Taxation. (B) Exception for reports to the Board If (i) the Commissioner or the Treasury Inspector General for Tax Administration prepares any report or other matter for the Oversight Board in order to assist the Board in carrying out its duties; and (ii) the Commissioner or such Inspector General determines it is necessary to include any return or return information in such report or other matter to enable the Board to carry out such duties, such return or return information (other than information regarding taxpayer identity) may be disclosed to members, employees, or detailees of the Board solely for the purpose of carrying out such duties. (i) Disclosure to Federal officers or employees for administration of Federal laws not relating to tax administration (1) Disclosure of returns and return information for use in criminal investigations (A) In general Except as provided in paragraph (6), any return or return information with respect to any specified taxable period or periods shall, pursuant to and upon the grant of an ex parte order by a Federal district court judge or magistrate judge under subparagraph (B), be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, officers and employees of any Federal agency who are personally and directly engaged in (i) preparation for any judicial or administrative proceeding pertaining to the enforcement of a specifically designated Federal criminal statute (not involving tax administration) to which the United States or such agency is or may be a party, (ii) any investigation which may result in such a proceeding, or (iii) any Federal grand jury proceeding pertaining to enforcement of such a criminal statute to which the United States or such agency is or may be a party, solely for the use of such officers and employees in such preparation, investigation, or grand jury proceeding. (B) Application for order The Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any United States attorney, any special prosecutor appointed under section 593 of title28, United States Code, or any attorney in charge of a criminal division organized crime strike force established pursuant to section510 of title 28, United States Code, may authorize an application to a Federal district court judge or magistrate
judge for the order referred to in subparagraph (A). Upon such application, such judge or magistrate judge may grant such order if he determines on the basis of the facts submitted by the applicant that (i) there is reasonable cause to believe, based upon information believed to be reliable, that a specific criminal act has been committed, (ii) there is reasonable cause to believe that the return or return information is or may be relevant to a matter relating to the commission of such act, and (iii) the return or return information is sought exclusively for use in a Federal criminal investigation or proceeding concerning such act, and the information sought to be disclosed cannot reasonably be obtained, under the circumstances, from another source. (2) Disclosure of return information other than taxpayer return information for use in criminal investigations (A) In general Except as provided in paragraph (6), upon receipt by the Secretary of a request which meets the requirements of subparagraph (B) from the head of any Federal agency or the Inspector General thereof, or, in the case of the Department of Justice, the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, any United States attorney, any special prosecutor appointed under section 593 of title 28, United States Code, or any attorney in charge of a criminal division organized crime strike force established pursuant to section 510 of title 28, United States Code, the Secretary shall disclose return information (other than taxpayer return information) to officers and employees of such agency who are personally and directly engaged in (i) preparation for any judicial or administrative proceeding described in paragraph (1)(A)(i), (ii) any investigation which may result in such a proceeding, or (iii) any grand jury proceeding described in paragraph (1)(A)(iii), solely for the use of such officers and employees in such preparation, investigation, or grand jury proceeding. (B) Requirements A request meets the requirements of this subparagraph if the request is in writing and sets forth (i) the name and address of the taxpayer with respect to whom the requested return information relates; (ii) the taxable period or periods to which such return information relates; (iii) the statutory authority under which the proceeding or investigation described in subparagraph (A) is being conducted; and (iv) the specific reason or reasons why such disclosure is, or may be, relevant to such proceeding or investigation. (C) Taxpayer identity For purposes of this paragraph, a taxpayers identity shall not be treated as taxpayer return information. (3) Disclosure of return information to apprise appropriate officials of criminal or terrorist activities or emergency circumstances (A) Possible violations of Federal criminal law (i) In general Except as provided in paragraph (6), the Secretary may disclose in writing return information (other than taxpayer return information) which may constitute evidence of a violation of any Federal criminal law (not involving tax administration) to the extent necessary to apprise the head of the appropriate Federal agency charged with the responsibility of enforcing such law. The head of such agency may disclose such return information to officers and employees of such agency to the extent necessary to enforce such law. (ii) Taxpayer identity If there is return information (other than taxpayer return information) which may constitute evidence of a violation by any taxpayer of any Federal criminal law (not involving tax administration), such taxpayers identity may also be disclosed under clause (i). (B) Emergency circumstances (i) Danger of death or physical injury Under circumstances involving an imminent danger of death or physical injury to any individual, the Secretary may disclose return information to
the extent necessary to apprise appropriate officers or employees of any Federal or State law enforcement agency of such circumstances. (ii) Flight from Federal prosecution Under circumstances involving the imminent flight of any individual from Federal prosecution, the Secretary may disclose return information to the extent necessary to apprise appropriate officers or employees of any Federal law enforcement agency of such circumstances. (C) Terrorist activities, etc. (i) In general Except as provided in paragraph (6), the Secretary may disclose in writing return information (other than taxpayer return information) that may be related to a terrorist incident, threat, or activity to the extent necessary to apprise the head of the appropriate Federal law enforcement agency responsible for investigating or responding to such terrorist incident, threat, or activity. The head of the agency may disclose such return information to officers and employees of such agency to the extent necessary to investigate or respond to such terrorist incident, threat, or activity. (ii) Disclosure to the Department of Justice Returns and taxpayer return information may also be disclosed to the Attorney General under clause (i) to the extent necessary for, and solely for use in preparing, an application under paragraph (7)(D). (iii) Taxpayer identity For purposes of this subparagraph, a taxpayers identity shall not be treated as taxpayer return information. (4) Use of certain disclosed returns and return information in judicial or administrative proceedings (A) Returns and taxpayer return information Except as provided in subparagraph (C), any return or taxpayer return information obtained under paragraph (1) or (7)(C) may be disclosed in any judicial or administrative proceeding pertaining to enforcement of a specifically designated Federal criminal statute or related civil forfeiture (not involving tax administration) to which the United States or a Federal agency is a party (i) if the court finds that such return or taxpayer return information is probative of a matter in issue relevant in establishing the commission of a crime or the guilt or liability of a party, or (ii) to the extent required by order of the court pursuant to section 3500 of title 18, United States Code, or rule 16 of the Federal Rules of Criminal Procedure. (B) Return information (other than taxpayer return information) Except as provided in subparagraph (C), any return information (other than taxpayer return information) obtained under paragraph (1), (2), (3)(A) or (C), or (7) may be disclosed in any judicial or administrative proceeding pertaining to enforcement of a specifically designated Federal criminal statute or related civil forfeiture (not involving tax administration) to which the United States or a Federal agency is a party. (C) Confidential informant; impairment of investigations No return or return information shall be admitted into evidence under subparagraph (A)(i) or (B) if the Secretary determines and notifies the Attorney General or his delegate or the head of the Federal agency that such admission would identify a confidential informant or seriously impair a civil or criminal tax investigation. (D) Consideration of confidentiality policy In ruling upon the admissibility of returns or return information, and in the issuance of an order under subparagraph (A)(ii), the court shall give due consideration to congressional policy favoring the confidentiality of returns and return information as set forth in this title. (E) Reversible error The admission into evidence of any return or return information contrary to the provisions of this paragraph shall not, as such, constitute reversible error upon appeal of a judgment in the proceeding. (5) Disclosure to locate fugitives from justice (A) In general Except as provided in paragraph (6), the return of an individual or return information with respect to such individual shall, pursuant to and upon the grant of an ex parte order by a Federal district court judge or magistrate judge under subparagraph (B), be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, officers and employees of any Federal agency exclusively for use in locating such individual.
(B) Application for order Any person described in paragraph (1)(B) may authorize an application to a Federal district court judge or magistrate judge for an order referred to in subparagraph (A). Upon such application, such judge or magistrate judge may grant such order if he determines on the basis of the facts submitted by the applicant that (i) a Federal arrest warrant relating to the commission of a Federal felony offense has been issued for an individual who is a fugitive from justice, (ii) the return of such individual or return information with respect to such individual is sought exclusively for use in locating such individual, and (iii) there is reasonable cause to believe that such return or return information may be relevant in determining the location of such individual. (6) Confidential informants; impairment of investigations The Secretary shall not disclose any return or return information under paragraph (1), (2), (3)(A) or (C), (5), (7), or (8) if the Secretary determines (and, in the case of a request for disclosure pursuant to a court order described in paragraph (1)(B) or (5)(B), certifies to the court) that such disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation. (7) Disclosure upon request of information relating to terrorist activities, etc. (A) Disclosure to law enforcement agencies (i) In general Except as provided in paragraph (6), upon receipt by the Secretary of a written request which meets the requirements of clause (iii), the Secretary may disclose return information (other than taxpayer return information) to officers and employees of any Federal law enforcement agency who are personally and directly engaged in the response to or investigation of any terrorist incident, threat, or activity. (ii) Disclosure to State and local law enforcement agencies The head of any Federal law enforcement agency may disclose return information obtained under clause (i) to officers and employees of any State or local law enforcement agency but only if such agency is part of a team with the Federal law enforcement agency in such response or investigation and such information is disclosed only to officers and employees who are personally and directly engaged in such response or investigation. (iii) Requirements A request meets the requirements of this clause if (I) the request is made by the head of any Federal law enforcement agency (or his delegate) involved in the response to or investigation of any terrorist incident, threat, or activity, and (II) the request sets forth the specific reason or reasons why such disclosure may be relevant to a terrorist incident, threat, or activity. (iv) Limitation on use of information Information disclosed under this subparagraph shall be solely for the use of the officers and employees to whom such information is disclosed in such response or investigation. (v) Taxpayer identity For purposes of this subparagraph, a taxpayers identity shall not be treated as taxpayer return information. (B) Disclosure to intelligence agencies (i) In general Except as provided in paragraph (6), upon receipt by the Secretary of a written request which meets the requirements of clause (ii), the Secretary may disclose return information (other than taxpayer return information) to those officers and employees of the Department of Justice, the Department of the Treasury, and other Federal intelligence agencies who are personally and directly engaged in the collection or analysis of intelligence and counterintelligence information or investigation concerning any terrorist incident, threat, or activity. For purposes of the preceding sentence, the information disclosed under the preceding sentence shall be solely for the use of such officers and employees in such investigation, collection, or analysis. (ii) Requirements A request meets the requirements of this subparagraph if the request (I) is made by an individual described in clause (iii), and (II) sets forth the specific reason or reasons why such disclosure may be relevant to a terrorist incident, threat, or activity. (iii) Requesting individuals An individual described in this subparagraph is an individual (I) who is an officer or employee of the Department of Justice or the Department of the Treasury who is appointed by the President with the advice and consent of the Senate or who is the Director of the United States Secret Service, and
(II) who is responsible for the collection and analysis of intelligence and counterintelligence information concerning any terrorist incident, threat, or activity. (iv) Taxpayer identity For purposes of this subparagraph, a taxpayers identity shall not be treated as taxpayer return information. (C) Disclosure under ex parte orders (i) In general Except as provided in paragraph (6), any return or return information with respect to any specified taxable period or periods shall, pursuant to and upon the grant of an ex parte order by a Federal district court judge or magistrate under clause (ii), be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, officers and employees of any Federal law enforcement agency or Federal intelligence agency who are personally and directly engaged in any investigation, response to, or analysis of intelligence and counterintelligence information concerning any terrorist incident, threat, or activity. Return or return information opened to inspection or disclosure pursuant to the preceding sentence shall be solely for the use of such officers and employees in the investigation, response, or analysis, and in any judicial, administrative, or grand jury proceedings, pertaining to such terrorist incident, threat, or activity. (ii) Application for order The Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, or any United States attorney may authorize an application to a Federal district court judge or magistrate for the order referred to in clause (i). Upon such application, such judge or magistrate may grant such order if he determines on the basis of the facts submitted by the applicant that (I) there is reasonable cause to believe, based upon information believed to be reliable, that the return or return information may be relevant to a matter relating to such terrorist incident, threat, or activity, and (II) the return or return information is sought exclusively for use in a Federal investigation, analysis, or proceeding concerning any terrorist incident, threat, or activity. (D) Special rule for ex parte disclosure by the IRS (i) In general Except as provided in paragraph (6), the Secretary may authorize an application to a Federal district court judge or magistrate for the order referred to in subparagraph (C)(i). Upon such application, such judge or magistrate may grant such order if he determines on the basis of the facts submitted by the applicant that the requirements of subparagraph (C)(ii)(I) are met. (ii) Limitation on use of information Information disclosed under clause (i) (I) may be disclosed only to the extent necessary to apprise the head of the appropriate Federal law enforcement agency responsible for investigating or responding to a terrorist incident, threat, or activity, and (II) shall be solely for use in a Federal investigation, analysis, or proceeding concerning any terrorist incident, threat, or activity. The head of such Federal agency may disclose such information to officers and employees of such agency to the extent necessary to investigate or respond to such terrorist incident, threat, or activity. (8) Comptroller General (A) Returns available for inspection Except as provided in subparagraph (C), upon written request by the Comptroller General of the United States, returns and return information shall be open to inspection by, or disclosure to, officers and employees of the Government Accountability Office for the purpose of, and to the extent necessary in, making (i) an audit of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, or the Tax and Trade Bureau, Department of the Treasury, which may be required by section 713 of title 31, United States Code, or (ii) any audit authorized by subsection (p)(6), except that no such officer or employee shall, except to the extent authorized by subsection (f) or (p)(6), disclose to any person, other than another officer or employee of such office whose official duties require such disclosure, any return or return information described in section 4424 (a) in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer, nor shall such officer or employee disclose any other return or return information, except as otherwise expressly provided by law, to any person other
than such other officer or employee of such office in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. (B) Audits of other agencies (i) In general Nothing in this section shall prohibit any return or return information obtained under this title by any Federal agency (other than an agency referred to in subparagraph (A)) or by a Trustee as defined in the District of Columbia Retirement Protection Act of 1997, for use in any program or activity from being open to inspection by, or disclosure to, officers and employees of the Government Accountability Office if such inspection or disclosure is (I) for purposes of, and to the extent necessary in, making an audit authorized by law of such program or activity, and (II) pursuant to a written request by the Comptroller General of the United States to the head of such Federal agency. (ii) Information from Secretary If the Comptroller General of the United States determines that the returns or return information available under clause (i) are not sufficient for purposes of making an audit of any program or activity of a Federal agency (other than an agency referred to in subparagraph (A)), upon written request by the Comptroller General to the Secretary, returns and return information (of the type authorized by subsection (l) or (m) to be made available to the Federal agency for use in such program or activity) shall be open to inspection by, or disclosure to, officers and employees of the Government Accountability Office for the purpose of, and to the extent necessary in, making such audit. (iii) Requirement of notification upon completion of audit Within 90 days after the completion of an audit with respect to which returns or return information were opened to inspection or disclosed under clause (i) or (ii), the Comptroller General of the United States shall notify in writing the Joint Committee on Taxation of such completion. Such notice shall include (I) a description of the use of the returns and return information by the Federal agency involved, (II) such recommendations with respect to the use of returns and return information by such Federal agency as the Comptroller General deems appropriate, and (III) a statement on the impact of any such recommendations on confidentiality of returns and return information and the administration of this title. (iv) Certain restrictions made applicable The restrictions contained in subparagraph (A) on the disclosure of any returns or return information open to inspection or disclosed under such subparagraph shall also apply to returns and return information open to inspection or disclosed under this subparagraph. (C) Disapproval by Joint Committee on Taxation Returns and return information shall not be open to inspection or disclosed under subparagraph (A) or (B) with respect to an audit (i) unless the Comptroller General of the United States notifies in writing the Joint Committee on Taxation of such audit, and (ii) if the Joint Committee on Taxation disapproves such audit by a vote of at least two-thirds of its members within the 30-day period beginning on the day the Joint Committee on Taxation receives such notice. (j) Statistical use (1) Department of Commerce Upon request in writing by the Secretary of Commerce, the Secretary shall furnish (A) such returns, or return information reflected thereon, to officers and employees of the Bureau of the Census, and (B) such return information reflected on returns of corporations to officers and employees of the Bureau of Economic Analysis, as the Secretary may prescribe by regulation for the purpose of, but only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law. (2) Federal Trade Commission Upon request in writing by the Chairman of the Federal Trade Commission, the Secretary shall furnish such return information reflected on any return of a corporation with respect to the tax imposed by chapter 1 to officers and employees of the Division of Financial Statistics of the Bureau of Economics of such commission as the Secretary may prescribe by regulation
for the purpose of, but only to the extent necessary in, administration by such division of legally authorized economic surveys of corporations. (3) Department of Treasury Returns and return information shall be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, but only to the extent necessary in, preparing economic or financial forecasts, projections, analyses, and statistical studies and conducting related activities. Such inspection or disclosure shall be permitted only upon written request which sets forth the specific reason or reasons why such inspection or disclosure is necessary and which is signed by the head of the bureau or office of the Department of the Treasury requesting the inspection or disclosure. (4) Anonymous form No person who receives a return or return information under this subsection shall disclose such return or return information to any person other than the taxpayer to whom it relates except in a form which cannot be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. (5) Department of Agriculture Upon request in writing by the Secretary of Agriculture, the Secretary shall furnish such returns, or return information reflected thereon, as the Secretary may prescribe by regulation to officers and employees of the Department of Agriculture whose official duties require access to such returns or information for the purpose of, but only to the extent necessary in, structuring, preparing, and conducting the census of agriculture pursuant to the Census of Agriculture Act of 1997 (Public Law 105113). (6) Congressional Budget Office Upon written request by the Director of the Congressional Budget Office, the Secretary shall furnish to officers and employees of the Congressional Budget Office return information for the purpose of, but only to the extent necessary for, long-term models of the social security and medicare programs. (k) Disclosure of certain returns and return information for tax administration purposes (1) Disclosure of accepted offers-in-compromise Return information shall be disclosed to members of the general public to the extent necessary to permit inspection of any accepted offer-in-compromise under section 7122 relating to the liability for a tax imposed by this title. (2) Disclosure of amount of outstanding lien If a notice of lien has been filed pursuant to section 6323 (f), the amount of the outstanding obligation secured by such lien may be disclosed to any person who furnishes satisfactory written evidence that he has a right in the property subject to such lien or intends to obtain a right in such property. (3) Disclosure of return information to correct misstatements of fact The Secretary may, but only following approval by the Joint Committee on Taxation, disclose such return information or any other information with respect to any specific taxpayer to the extent necessary for tax administration purposes to correct a misstatement of fact published or disclosed with respect to such taxpayers return or any transaction of the taxpayer with the Internal Revenue Service. (4) Disclosure of competent authority under income tax convention A return or return information may be disclosed to a competent authority of a foreign government which has an income tax or gift and estate tax convention, or other convention or bilateral agreement relating to the exchange of tax information, with the United States but only to the extent provided in, and subject to the terms and conditions of, such convention or bilateral agreement. (5) State agencies regulating tax return preparers Taxpayer identity information with respect to any tax return preparer, and information as to whether or not any penalty has been assessed against such tax return preparer under section 6694, 6695, or 7216, may be furnished to any agency, body, or commission lawfully charged under any State or local law with the licensing, registration, or regulation of tax return preparers. Such information may be furnished only upon written request by the head of such agency, body, or commission designating the officers or employees to whom such
information is to be furnished. Information may be furnished and used under this paragraph only for purposes of the licensing, registration, or regulation of tax return preparers. (6) Disclosure by certain officers and employees for investigative purposes An internal revenue officer or employee and an officer or employee of the Office of Treasury Inspector General for Tax Administration may, in connection with his official duties relating to any audit, collection activity, or civil or criminal tax investigation or any other offense under the internal revenue laws, disclose return information to the extent that such disclosure is necessary in obtaining information, which is not otherwise reasonably available, with respect to the correct determination of tax, liability for tax, or the amount to be collected or with respect to the enforcement of any other provision of this title. Such disclosures shall be made only in such situations and under such conditions as the Secretary may prescribe by regulation. (7) Disclosure of excise tax registration information To the extent the Secretary determines that disclosure is necessary to permit the effective administration of subtitle D, the Secretary may disclose (A) the name, address, and registration number of each person who is registered under any provision of subtitle D (and, in the case of a registered terminal operator, the address of each terminal operated by such operator), and (B) the registration status of any person. (8) Levies on certain government payments (A) Disclosure of return information in levies on Financial Management Service In serving a notice of levy, or release of such levy, with respect to any applicable government payment, the Secretary may disclose to officers and employees of the Financial Management Service (i) return information, including taxpayer identity information, (ii) the amount of any unpaid liability under this title (including penalties and interest), and (iii) the type of tax and tax period to which such unpaid liability relates. (B) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by officers and employees of the Financial Management Service only for the purpose of, and to the extent necessary in, transferring levied funds in satisfaction of the levy, maintaining appropriate agency records in regard to such levy or the release thereof, notifying the taxpayer and the agency certifying such payment that the levy has been honored, or in the defense of any litigation ensuing from the honor of such levy. (C) Applicable government payment For purposes of this paragraph, the term applicable government payment means (i) any Federal payment (other than a payment for which eligibility is based on the income or assets (or both) of a payee) certified to the Financial Management Service for disbursement, and (ii) any other payment which is certified to the Financial Management Service for disbursement and which the Secretary designates by published notice. (9) Disclosure of information to administer section 6311 The Secretary may disclose returns or return information to financial institutions and others to the extent the Secretary deems necessary for the administration of section 6311. Disclosures of information for purposes other than to accept payments by checks or money orders shall be made only to the extent authorized by written procedures promulgated by the Secretary. (10) Disclosure of certain return information of prisoners to Federal Bureau of Prisons (A) In general Under such procedures as the Secretary may prescribe, the Secretary may disclose to the head of the Federal Bureau of Prisons any return information with respect to individuals incarcerated in Federal prison whom the Secretary has determined may have filed or facilitated the filing of a false return to the extent that the Secretary determines that such disclosure is necessary to permit effective Federal tax administration. (B) Restriction on redisclosure
Notwithstanding subsection (n), the head of the Federal Bureau of Prisons may not disclose any information obtained under subparagraph (A) to any person other than an officer or employee of such Bureau. (C) Restriction on use of disclosed information Return information received under this paragraph shall be used only for purposes of and to the extent necessary in taking administrative action to prevent the filing of false and fraudulent returns, including administrative actions to address possible violations of administrative rules and regulations of the prison facility. (D) Termination No disclosure may be made under this paragraph after December 31, 2011. (l) Disclosure of returns and return information for purposes other than tax administration (1) Disclosure of certain returns and return information to Social Security Administration and Railroad Retirement Board The Secretary may, upon written request, disclose returns and return information with respect to (A) taxes imposed by chapters 2, 21, and 24, to the Social Security Administration for purposes of its administration of the Social Security Act; (B) a plan to which part I of subchapter D of chapter 1 applies, to the Social Security Administration for purposes of carrying out its responsibility under section 1131 of the Social Security Act, limited, however to return information described in section 6057 (d); and (C) taxes imposed by chapter 22, to the Railroad Retirement Board for purposes of its administration of the Railroad Retirement Act. (2) Disclosure of returns and return information to the Department of Labor and Pension Benefit Guaranty Corporation The Secretary may, upon written request, furnish returns and return information to the proper officers and employees of the Department of Labor and the Pension Benefit Guaranty Corporation for purposes of, but only to the extent necessary in, the administration of titles I and IV of the Employee Retirement Income Security Act of 1974. (3) Disclosure that applicant for Federal loan has tax delinquent account (A) In general Upon written request, the Secretary may disclose to the head of the Federal agency administering any included Federal loan program whether or not an applicant for a loan under such program has a tax delinquent account. (B) Restriction on disclosure Any disclosure under subparagraph (A) shall be made only for the purpose of, and to the extent necessary in, determining the creditworthiness of the applicant for the loan in question. (C) Included Federal loan program defined For purposes of this paragraph, the term included Federal loan program means any program under which the United States or a Federal agency makes, guarantees, or insures loans. (4) Disclosure of returns and return information for use in personnel or claimant representative matters The Secretary may disclose returns and return information (A) upon written request (i) to an employee or former employee of the Department of the Treasury, or to the duly authorized legal representative of such employee or former employee, who is or may be a party to any administrative action or proceeding affecting the personnel rights of such employee or former employee; or (ii) to any person, or to the duly authorized legal representative of such person, whose rights are or may be affected by an administrative action or proceeding under section 330 of title 31, United States Code, solely for use in the action or proceeding, or in preparation for the action or proceeding, but only to the extent that the Secretary determines that such returns or return information is or may be relevant and material to the action or proceeding; or
(B) to officers and employees of the Department of the Treasury for use in any action or proceeding described in subparagraph (A), or in preparation for such action or proceeding, to the extent necessary to advance or protect the interests of the United States. (5) Social Security Administration Upon written request by the Commissioner of Social Security, the Secretary may disclose information returns filed pursuant to part III of subchapter A of chapter 61 of this subtitle for the purpose of (A) carrying out, in accordance with an agreement entered into pursuant to section 232 of the Social Security Act, an effective return processing program; or (B) providing information regarding the mortality status of individuals for epidemiological and similar research in accordance with section 1106(d) of the Social Security Act. (6) Disclosure of return information to Federal, State, and local child support enforcement agencies (A) Return information from Internal Revenue Service The Secretary may, upon written request, disclose to the appropriate Federal, State, or local child support enforcement agency (i) available return information from the master files of the Internal Revenue Service relating to the social security account number (or numbers, if the individual involved has more than one such number), address, filing status, amounts and nature of income, and the number of dependents reported on any return filed by, or with respect to, any individual with respect to whom child support obligations are sought to be established or enforced pursuant to the provisions of part D of title IV of the Social Security Act and with respect to any individual to whom such support obligations are owing, and (ii) available return information reflected on any return filed by, or with respect to, any individual described in clause (i) relating to the amount of such individuals gross income (as defined in section61) or consisting of the names and addresses of payors of such income and the names of any dependents reported on such return, but only if such return information is not reasonably available from any other source. (B) Disclosure to certain agents The following information disclosed to any child support enforcement agency under subparagraph (A) with respect to any individual with respect to whom child support obligations are sought to be established or enforced may be disclosed by such agency to any agent of such agency which is under contract with such agency to carry out the purposes described in subparagraph (C): (i) The address and social security account number (or numbers) of such individual. (ii) The amount of any reduction under section 6402 (c) (relating to offset of past-due support against overpayments) in any overpayment otherwise payable to such individual. (C) Restriction on disclosure Information may be disclosed under this paragraph only for purposes of, and to the extent necessary in, establishing and collecting child support obligations from, and locating, individuals owing such obligations. (7) Disclosure of return information to Federal, State, and local agencies administering certain programs under the Social Security Act, the Food and Nutrition Act of 2008 of 1977,1 or title 38, United States Code, or certain housing assistance programs (A) Return information from Social Security Administration The Commissioner of Social Security shall, upon written request, disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121 (a) or 3401 (a)), and payments of retirement income, which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of this subsection, to any Federal, State, or local agency administering a program listed in subparagraph (D). (B) Return information from Internal Revenue Service The Secretary shall, upon written request, disclose current return information from returns with respect to unearned income from the Internal Revenue Service files to any Federal, State, or local agency administering a program listed in subparagraph (D). (C) Restriction on disclosure
The Commissioner of Social Security and the Secretary shall disclose return information under subparagraphs (A) and (B) only for purposes of, and to the extent necessary in, determining eligibility for, or the correct amount of, benefits under a program listed in subparagraph (D). (D) Programs to which rule applies The programs to which this paragraph applies are: (i) a State program funded under part A of title IV of the Social Security Act; (ii) medical assistance provided under a State plan approved under title XIX of the Social Security Act or subsidies provided under section 1860D14 of such Act; (iii) supplemental security income benefits provided under title XVI of the Social Security Act, and federally administered supplementary payments of the type described in section 1616(a) of such Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 9366); (iv) any benefits provided under a State plan approved under title I, X, XIV, or XVI of the Social Security Act (as those titles apply to Puerto Rico, Guam, and the Virgin Islands); (v) unemployment compensation provided under a State law described in section 3304 of this title; (vi) assistance provided under the Food and Nutrition Act of 2008; (vii) State-administered supplementary payments of the type described in section 1616(a) of the Social Security Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 9366); (viii) (I) any needs-based pension provided under chapter 15 of title 38, United States Code, or under any other law administered by the Secretary of Veterans Affairs; (II) parents dependency and indemnity compensation provided under section 1315 of title 38, United States Code; (III) health-care services furnished under sections 1710(a)(2)(G), 1710(a)(3), and 1710(b) of such title; and (IV) compensation paid under chapter 11 of title 38, United States Code, at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule; and (ix) any housing assistance program administered by the Department of Housing and Urban Development that involves initial and periodic review of an applicants or participants income, except that return information may be disclosed under this clause only on written request by the Secretary of Housing and Urban Development and only for use by officers and employees of the Department of Housing and Urban Development with respect to applicants for and participants in such programs. Only return information from returns with respect to net earnings from self-employment and wages may be disclosed under this paragraph for use with respect to any program described in clause (viii)(IV). (8) Disclosure of certain return information by Social Security Administration to Federal, State, and local child support enforcement agencies (A) In general Upon written request, the Commissioner of Social Security shall disclose directly to officers and employees of a Federal or State or local child support enforcement agency return information from returns with respect to social security account numbers, net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121 (a) or 3401 (a)), and payments of retirement income which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of this subsection. (B) Restriction on disclosure The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, establishing and collecting child support obligations from, and locating, individuals owing such obligations. For purposes of the preceding sentence, the term child support obligations only includes obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under part D of title IV of such Act. (C) State or local child support enforcement agency
For purposes of this paragraph, the term State or local child support enforcement agency means any agency of a State or political subdivision thereof operating pursuant to a plan described in subparagraph (B). (9) Disclosure of alcohol fuel producers to administrators of State alcohol laws Notwithstanding any other provision of this section, the Secretary may disclose (A) the name and address of any person who is qualified to produce alcohol for fuel use under section 5181, and (B) the location of any premises to be used by such person in producing alcohol for fuel, to any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for administration of State alcohol laws solely for use in the administration of such laws. (10) Disclosure of certain information to agencies requesting a reduction under subsection (c), (d), (e), or (f) of section 6402 (A) Return information from Internal Revenue Service The Secretary may, upon receiving a written request, disclose to officers and employees of any agency seeking a reduction under subsection (c), (d), (e), or (f) of section 6402, to officers and employees of the Department of Labor for purposes of facilitating the exchange of data in connection with a request made under subsection (f)(5) [2] of section 6402, and to officers and employees of the Department of the Treasury in connection with such reduction (i) taxpayer identity information with respect to the taxpayer against whom such a reduction was made or not made and with respect to any other person filing a joint return with such taxpayer, (ii) the fact that a reduction has been made or has not been made under such subsection with respect to such taxpayer, (iii) the amount of such reduction, (iv) whether such taxpayer filed a joint return, and (v) the fact that a payment was made (and the amount of the payment) to the spouse of the taxpayer on the basis of a joint return. (B) (i)3 Restriction on use of disclosed information (i) (i)3 Restriction on use of disclosed information Any officers and employees of an agency receiving return information under subparagraph (A) shall use such information only for the purposes of, and to the extent necessary in, establishing appropriate agency records, locating any person with respect to whom a reduction under subsection (c), (d), (e), or (f) of section 6402 is sought for purposes of collecting the debt with respect to which the reduction is sought, or in the defense of any litigation or administrative procedure ensuing from a reduction made under subsection (c), (d), (e), or (f) of section 6402. (ii) Notwithstanding clause (i), return information disclosed to officers and employees of the Department of Labor may be accessed by agents who maintain and provide technological support to the Department of Labors Interstate Connection Network (ICON) solely for the purpose of providing such maintenance and support. (11) Disclosure of return information to carry out Federal Employees Retirement System (A) In general The Commissioner of Social Security shall, on written request, disclose to the Office of Personnel Management return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121 (a) or3401 (a)), and payments of retirement income, which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5). (B) Restriction on disclosure The Commissioner of Social Security shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, the administration of chapters 83 and 84 of title 5, United States Code. (12) Disclosure of certain taxpayer identity information for verification of employment status of medicare beneficiary and spouse of medicare beneficiary (A) Return information from Internal Revenue Service The Secretary shall, upon written request from the Commissioner of Social Security, disclose to the Commissioner available filing status and taxpayer identity information from the
individual master files of the Internal Revenue Service relating to whether any medicare beneficiary identified by the Commissioner was a married individual (as defined in section 7703) for any specified year after 1986, and, if so, the name of the spouse of such individual and such spouses TIN. (B) Return information from Social Security Administration The Commissioner of Social Security shall, upon written request from the Administrator of the Centers for Medicare & Medicaid Services, disclose to the Administrator the following information: (i) The name and TIN of each medicare beneficiary who is identified as having received wages (as defined in section 3401(a)), above an amount (if any) specified by the Secretary of Health and Human Services, from a qualified employer in a previous year. (ii) For each medicare beneficiary who was identified as married under subparagraph (A) and whose spouse is identified as having received wages, above an amount (if any) specified by the Secretary of Health and Human Services, from a qualified employer in a previous year (I) the name and TIN of the medicare beneficiary, and (II) the name and TIN of the spouse. (iii) With respect to each such qualified employer, the name, address, and TIN of the employer and the number of individuals with respect to whom written statements were furnished under section 6051 by the employer with respect to such previous year. (C) Disclosure by Centers for Medicare & Medicaid Services With respect to the information disclosed under subparagraph (B), the Administrator of the Centers for Medicare & Medicaid Services may disclose (i) to the qualified employer referred to in such subparagraph the name and TIN of each individual identified under such subparagraph as having received wages from the employer (hereinafter in this subparagraph referred to as the employee) for purposes of determining during what period such employee or the employees spouse may be (or have been) covered under a group health plan of the employer and what benefits are or were covered under the plan (including the name, address, and identifying number of the plan), (ii) to any group health plan which provides or provided coverage to such an employee or spouse, the name of such employee and the employees spouse (if the spouse is a medicare beneficiary) and the name and address of the employer, and, for the purpose of presenting a claim to the plan (I) the TIN of such employee if benefits were paid under title XVIII of the Social Security Act with respect to the employee during a period in which the plan was a primary plan (as defined in section 1862(b)(2)(A) of the Social Security Act), and (II) the TIN of such spouse if benefits were paid under such title with respect to the spouse during such period, and (iii) to any agent of such Administrator the information referred to in subparagraph (B) for purposes of carrying out clauses (i) and (ii) on behalf of such Administrator. (D) Special rules (i) Restrictions on disclosure Information may be disclosed under this paragraph only for purposes of, and to the extent necessary in, determining the extent to which any medicare beneficiary is covered under any group health plan. (ii) Timely response to requests Any request made under subparagraph (A) or (B) shall be complied with as soon as possible but in no event later than 120 days after the date the request was made. (E) Definitions For purposes of this paragraph (i) Medicare beneficiary The term medicare beneficiary means an individual entitled to benefits under part A, or enrolled under part B, of title XVIII of the Social Security Act, but does not include such an individual enrolled in part A under section 1818. (ii) Group health plan The term group health plan means any group health plan (as defined in section 5000 (b)(1)). (iii) Qualified employer The term qualified employer means, for a calendar year, an employer which has furnished written statements under section 6051 with respect to at least 20 individuals for wages paid in the year. (13) Disclosure of return information to carry out income contingent repayment of student loans
(A) In general The Secretary may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer who has received an applicable student loan and whose loan repayment amounts are based in whole or in part on the taxpayers income. Such return information shall be limited to (i) taxpayer identity information with respect to such taxpayer, (ii) the filing status of such taxpayer, and (iii) the adjusted gross income of such taxpayer. (B) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, establishing the appropriate income contingent repayment amount for an applicable student loan. (C) Applicable student loan For purposes of this paragraph, the term applicable student loan means (i) any loan made under the program authorized under part D of title IV of the Higher Education Act of 1965, and (ii) any loan made under part B or E of title IV of the Higher Education Act of 1965 which is in default and has been assigned to the Department of Education. (D) Termination This paragraph shall not apply to any request made after December 31, 2007. (14) Disclosure of return information to United States Customs Service The Secretary may, upon written request from the Commissioner of the United States Customs Service, disclose to officers and employees of the Department of the Treasury such return information with respect to taxes imposed by chapters 1 and 6 as the Secretary may prescribe by regulations, solely for the purpose of, and only to the extent necessary in (A) ascertaining the correctness of any entry in audits as provided for in section 509 of the Tariff Act of 1930 (19 U.S.C. 1509), or (B) other actions to recover any loss of revenue, or to collect duties, taxes, and fees, determined to be due and owing pursuant to such audits. (15) Disclosure of returns filed under section 6050I The Secretary may, upon written request, disclose to officers and employees of (A) any Federal agency, (B) any agency of a State or local government, or (C) any agency of the government of a foreign country, information contained on returns filed under section 6050I. Any such disclosure shall be made on the same basis, and subject to the same conditions, as apply to disclosures of information on reports filed under section 5313 of title 31, United States Code; except that no disclosure under this paragraph shall be made for purposes of the administration of any tax law. (16) Disclosure of return information for purposes of administering the District of Columbia Retirement Protection Act of 1997 (A) In general Upon written request available return information (including such information disclosed to the Social Security Administration under paragraph (1) or (5) of this subsection), relating to the amount of wage income (as defined in section 3121 (a) or 3401 (a)), the name, address, and identifying number assigned under section 6109, of payors of wage income, taxpayer identity (as defined in subsection [4] 6103(b)(6)), and the occupational status reflected on any return filed by, or with respect to, any individual with respect to whom eligibility for, or the correct amount of, benefits under the District of Columbia Retirement Protection Act of 1997, is sought to be determined, shall be disclosed by the Commissioner of Social Security, or to the extent not available from the Social Security Administration, by the Secretary, to any duly authorized officer or employee of the Department of the Treasury, or a Trustee or any designated officer or employee of a Trustee (as defined in the District of Columbia Retirement Protection Act of 1997), or any actuary engaged by a Trustee under the terms of the District of Columbia Retirement Protection Act of 1997, whose official duties require such disclosure, solely for the purpose of, and to the extent necessary in, determining an individuals eligibility
for, or the correct amount of, benefits under the District of Columbia Retirement Protection Act of 1997. (B) Disclosure for use in judicial or administrative proceedings Return information disclosed to any person under this paragraph may be disclosed in a judicial or administrative proceeding relating to the determination of an individuals eligibility for, or the correct amount of, benefits under the District of Columbia Retirement Protection Act of 1997. (17) Disclosure to National Archives and Records Administration The Secretary shall, upon written request from the Archivist of the United States, disclose or authorize the disclosure of returns and return information to officers and employees of the National Archives and Records Administration for purposes of, and only to the extent necessary in, the appraisal of records for destruction or retention. No such officer or employee shall, except to the extent authorized by subsection (f), (i)(8), or (p), disclose any return or return information disclosed under the preceding sentence to any person other than to the Secretary, or to another officer or employee of the National Archives and Records Administration whose official duties require such disclosure for purposes of such appraisal. (18) Disclosure of return information for purposes of carrying out a program for advance payment of credit for health insurance costs of eligible individuals The Secretary may disclose to providers of health insurance for any certified individual (as defined in section 7527 (c)) return information with respect to such certified individual only to the extent necessary to carry out the program established by section 7527 (relating to advance payment of credit for health insurance costs of eligible individuals). (19) Disclosure of return information for purposes of providing transitional assistance under medicare discount card program (A) In general The Secretary, upon written request from the Secretary of Health and Human Services pursuant to carrying out section 1860D31 of the Social Security Act, shall disclose to officers, employees, and contractors of the Department of Health and Human Services with respect to a taxpayer for the applicable year (i) (I) whether the adjusted gross income, as modified in accordance with specifications of the Secretary of Health and Human Services for purposes of carrying out such section, of such taxpayer and, if applicable, such taxpayers spouse, for the applicable year, exceeds the amounts specified by the Secretary of Health and Human Services in order to apply the 100 and 135 percent of the poverty lines under such section, (II) whether the return was a joint return, and (III) the applicable year, or (ii) if applicable, the fact that there is no return filed for such taxpayer for the applicable year. (B) Definition of applicable year For the purposes of this subsection, the term applicable year means the most recent taxable year for which information is available in the Internal Revenue Services taxpayer data information systems, or, if there is no return filed for such taxpayer for such year, the prior taxable year. (C) Restriction on use of disclosed information Return information disclosed under this paragraph may be used only for the purposes of determining eligibility for and administering transitional assistance under section 1860D31 of the Social Security Act. (20) Disclosure of return information to carry out Medicare part B premium subsidy adjustment (A) In general The Secretary shall, upon written request from the Commissioner of Social Security, disclose to officers, employees, and contractors of the Social Security Administration return information of a taxpayer whose premium (according to the records of the Secretary) may be subject to adjustment under section 1839(i) of the Social Security Act. Such return information shall be limited to (i) taxpayer identity information with respect to such taxpayer, (ii) the filing status of such taxpayer,
(iii) the adjusted gross income of such taxpayer, (iv) the amounts excluded from such taxpayers gross income under sections 135 and 911 to the extent such information is available, (v) the interest received or accrued during the taxable year which is exempt from the tax imposed by chapter 1 to the extent such information is available, (vi) the amounts excluded from such taxpayers gross income by sections 931 and 933 to the extent such information is available, (vii) such other information relating to the liability of the taxpayer as is prescribed by the Secretary by regulation as might indicate in the case of a taxpayer who is an individual described in subsection (i)(4)(B)(iii) of section 1839 of the Social Security Act that the amount of the premium of the taxpayer under such section may be subject to adjustment under subsection (i) of such section and the amount of such adjustment, and (viii) the taxable year with respect to which the preceding information relates. (B) Restriction on use of disclosed information Return information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Social Security Administration only for the purposes of, and to the extent necessary in, establishing the appropriate amount of any premium adjustment under such section 1839 (i). (m) Disclosure of taxpayer identity information (1) Tax refunds The Secretary may disclose taxpayer identity information to the press and other media for purposes of notifying persons entitled to tax refunds when the Secretary, after reasonable effort and lapse of time, has been unable to locate such persons. (2) Federal claims (A) In general Except as provided in subparagraph (B), the Secretary may, upon written request, disclose the mailing address of a taxpayer for use by officers, employees, or agents of a Federal agency for purposes of locating such taxpayer to collect or compromise a Federal claim against the taxpayer in accordance with sections 3711, 3717, and3718 of title 31. (B) Special rule for consumer reporting agency In the case of an agent of a Federal agency which is a consumer reporting agency (within the meaning of section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a (f))), the mailing address of a taxpayer may be disclosed to such agent under subparagraph (A) only for the purpose of allowing such agent to prepare a commercial credit report on the taxpayer for use by such Federal agency in accordance with sections 3711, 3717, and 3718 of title 31. (3) National Institute for Occupational Safety and Health Upon written request, the Secretary may disclose the mailing address of taxpayers to officers and employees of the National Institute for Occupational Safety and Health solely for the purpose of locating individuals who are, or may have been, exposed to occupational hazards in order to determine the status of their health or to inform them of the possible need for medical care and treatment. (4) Individuals who owe an overpayment of Federal Pell Grants or who have defaulted on student loans administered by the Department of Education (A) In general Upon written request by the Secretary of Education, the Secretary may disclose the mailing address of any taxpayer (i) who owes an overpayment of a grant awarded to such taxpayer under subpart 1 of part A of title IV of the Higher Education Act of 1965, or (ii) who has defaulted on a loan (I) made under part B, D, or E of title IV of the Higher Education Act of 1965, or (II) made pursuant to section 3(a)(1) of the Migration and Refugee Assistance Act of 1962 to a student at an institution of higher education, for use only by officers, employees, or agents of the Department of Education for purposes of locating such taxpayer for purposes of collecting such overpayment or loan. (B) Disclosure to educational institutions, etc. Any mailing address disclosed under subparagraph (A)(i) may be disclosed by the Secretary of Education to
(i) any lender, or any State or nonprofit guarantee agency, which is participating under part B or D of title IV of the Higher Education Act of 1965, or (ii) any educational institution with which the Secretary of Education has an agreement under subpart 1 of part A, or part D or E, of title IV of such Act, for use only by officers, employees, or agents of such lender, guarantee agency, or institution whose duties relate to the collection of student loans for purposes of locating individuals who have defaulted on student loans made under such loan programs for purposes of collecting such loans. (5) Individuals who have defaulted on student loans administered by the Department of Health and Human Services (A) In general Upon written request by the Secretary of Health and Human Services, the Secretary may disclose the mailing address of any taxpayer who has defaulted on a loan made under part C [5] of title VII of the Public Health Service Act or under subpart II of part B of title VIII of such Act, for use only by officers, employees, or agents of the Department of Health and Human Services for purposes of locating such taxpayer for purposes of collecting such loan. (B) Disclosure to schools and eligible lenders Any mailing address disclosed under subparagraph (A) may be disclosed by the Secretary of Health and Human Services to (i) any school with which the Secretary of Health and Human Services has an agreement under subpart II [5] of part C of title VII of the Public Health Service Act or subpart II [5] of part B of title VIII of such Act, or (ii) any eligible lender (within the meaning of section 737(4) [5]of such Act) participating under subpart I [5] of part C of title VII of such Act, for use only by officers, employees, or agents of such school or eligible lender whose duties relate to the collection of student loans for purposes of locating individuals who have defaulted on student loans made under such subparts for the purposes of collecting such loans. (6) Blood Donor Locator Service (A) In general Upon written request pursuant to section 1141 of the Social Security Act, the Secretary shall disclose the mailing address of taxpayers to officers and employees of the Blood Donor Locator Service in the Department of Health and Human Services. (B) Restriction on disclosure The Secretary shall disclose return information under subparagraph (A) only for purposes of, and to the extent necessary in, assisting under the Blood Donor Locator Service authorized persons (as defined in section 1141(h)(1) of the Social Security Act) in locating blood donors who, as indicated by donated blood or products derived therefrom or by the history of the subsequent use of such blood or blood products, have or may have the virus for acquired immune deficiency syndrome, in order to inform such donors of the possible need for medical care and treatment. (C) Safeguards The Secretary shall destroy all related blood donor records (as defined in section 1141(h)(2) of the Social Security Act) in the possession of the Department of the Treasury upon completion of their use in making the disclosure required under subparagraph (A), so as to make such records undisclosable. (7) Social security account statement furnished by Social Security Administration Upon written request by the Commissioner of Social Security, the Secretary may disclose the mailing address of any taxpayer who is entitled to receive a social security account statement pursuant to section 1143(c) of the Social Security Act, for use only by officers, employees or agents of the Social Security Administration for purposes of mailing such statement to such taxpayer. (n) Certain other persons Pursuant to regulations prescribed by the Secretary, returns and return information may be disclosed to any person, including any person described in section 7513 (a), to the extent necessary in connection with the processing, storage, transmission, and reproduction of such returns and return information, the programming, maintenance, repair, testing, and
procurement of equipment, and the providing of other services, for purposes of tax administration. (o) Disclosure of returns and return information with respect to certain taxes (1) Taxes imposed by subtitle E (A) In general Returns and return information with respect to taxes imposed by subtitle E (relating to taxes on alcohol, tobacco, and firearms) shall be open to inspection by or disclosure to officers and employees of a Federal agency whose official duties require such inspection or disclosure. (B) Use in certain proceedings Returns and return information disclosed to a Federal agency under subparagraph (A) may be used in an action or proceeding (or in preparation for such action or proceeding) brought under section 625 of the American Jobs Creation Act of 2004 for the collection of any unpaid assessment or penalty arising under such Act. (2) Taxes imposed by chapter 35 Returns and return information with respect to taxes imposed by chapter 35 (relating to taxes on wagering) shall, notwithstanding any other provision of this section, be open to inspection by or disclosure only to such person or persons and for such purpose or purposes as are prescribed by section 4424. (p) Procedure and recordkeeping (1) Manner, time, and place of inspections Requests for the inspection or disclosure of a return or return information and such inspection or disclosure shall be made in such manner and at such time and place as shall be prescribed by the Secretary. (2) Procedure (A) Reproduction of returns A reproduction or certified reproduction of a return shall, upon written request, be furnished to any person to whom disclosure or inspection of such return is authorized under this section. A reasonable fee may be prescribed for furnishing such reproduction or certified reproduction. (B) Disclosure of return information Return information disclosed to any person under the provisions of this title may be provided in the form of written documents, reproductions of such documents, films or photoimpressions, or electronically produced tapes, disks, or records, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such return information. (C) Use of reproductions Any reproduction of any return, document, or other matter made in accordance with this paragraph shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence. (3) Records of inspection and disclosure (A) System of recordkeeping Except as otherwise provided by this paragraph, the Secretary shall maintain a permanent system of standardized records or accountings of all requests for inspection or disclosure of returns and return information (including the reasons for and dates of such requests) and of returns and return information inspected or disclosed under this section and section 6104 (c). Notwithstanding the provisions of section 552a (c) of title 5, United States Code, the Secretary shall not be required to maintain a record or accounting of requests for inspection or disclosure of returns and return information, or of returns and return information inspected or disclosed, under the authority of subsections [6] (c), (e), (f)(5), (h)(1), (3)(A), or (4), (i) (4), or (8)(A)(ii), (k)(1), (2), (6), (8), or (9), (l)(1), (4)(B), (5), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18), (m), or (n). The records or accountings required to be maintained under this paragraph shall be available for examination by the Joint Committee on Taxation or the Chief of Staff of such joint committee. Such record or accounting shall also be available for examination by such person or persons as may be, but only to the extent, authorized to make such examination under section 552a (c)(3) of title 5, United States Code. (B) Report by the Secretary
The Secretary shall, within 90 days after the close of each calendar year, furnish to the Joint Committee on Taxation a report with respect to, or summary of, the records or accountings described in subparagraph (A) in such form and containing such information as such joint committee or the Chief of Staff of such joint committee may designate. Such report or summary shall not, however, include a record or accounting of any request by the President under subsection (g) for, or the disclosure in response to such request of, any return or return information with respect to any individual who, at the time of such request, was an officer or employee of the executive branch of the Federal Government. Such report or summary, or any part thereof, may be disclosed by such joint committee to such persons and for such purposes as the joint committee may, by record vote of a majority of the members of the joint committee, determine. (C) Public report on disclosures The Secretary shall, within 90 days after the close of each calendar year, furnish to the Joint Committee on Taxation for disclosure to the public a report with respect to the records or accountings described in subparagraph (A) which (i) provides with respect to each Federal agency, each agency, body, or commission described in subsection (d), (i)(3)(B)(i) or (7)(A)(ii), or (l)(6), and the Government Accountability Office the number of (I) requests for disclosure of returns and return information, (II) instances in which returns and return information were disclosed pursuant to such requests or otherwise, (III) taxpayers whose returns, or return information with respect to whom, were disclosed pursuant to such requests, and (ii) describes the general purposes for which such requests were made,[7] (4) Safeguards Any Federal agency described in subsection (h)(2), (h)(5), (i)(1), (2), (3), (5), or (7), (j)(1), (2), or (5), (k)(8) or (10), (l)(1), (2), (3), (5), (10), (11), (13), (14), or (17) or (o)(1)(A), the Government Accountability Office, the Congressional Budget Office, or any agency, body, or commission described in subsection (d), (i)(3)(B)(i) or 7(A)(ii), or (l)(6), (7), (8), (9), (12), (15), or (16), any appropriate State officer (as defined in section6104 (c)), or any other person described in subsection (l)(10), (16), (18), (19), or (20) shall, as a condition for receiving returns or return information (A) establish and maintain, to the satisfaction of the Secretary, a permanent system of standardized records with respect to any request, the reason for such request, and the date of such request made by or of it and any disclosure of return or return information made by or to it; (B) establish and maintain, to the satisfaction of the Secretary, a secure area or place in which such returns or return information shall be stored; (C) restrict, to the satisfaction of the Secretary, access to the returns or return information only to persons whose duties or responsibilities require access and to whom disclosure may be made under the provisions of this title; (D) provide such other safeguards which the Secretary determines (and which he prescribes in regulations) to be necessary or appropriate to protect the confidentiality of the returns or return information; (E) furnish a report to the Secretary, at such time and containing such information as the Secretary may prescribe, which describes the procedures established and utilized by such agency, body, or commission, the Government Accountability Office, or the Congressional Budget Office for ensuring the confidentiality of returns and return information required by this paragraph; and (F) upon completion of use of such returns or return information (i) in the case of an agency, body, or commission described in subsection (d), (i)(3)(B)(i), or (l)(6), (7), (8), (9), or (16), any appropriate State officer (as defined in section 6104 (c)), or any other person described in subsection (l)(10), (16), (18), (19), or (20) return to the Secretary such returns or return information (along with any copies made therefrom) or make such returns or return information undisclosable in any manner and furnish a written report to the Secretary describing such manner, (ii) in the case of an agency described in subsections [6] (h)(2), (h)(5), (i)(1), (2), (3), (5) or (7), (j)(1), (2), or (5), (k)(8) or (10), (l)(1), (2), (3), (5), (10), (11), (12), (13), (14), (15),
or (17), or (o)(1)(A),,[8] the Government Accountability Office, or the Congressional Budget Office, either (I) return to the Secretary such returns or return information (along with any copies made therefrom), (II) otherwise make such returns or return information undisclosable, or (III) to the extent not so returned or made undisclosable, ensure that the conditions of subparagraphs (A), (B), (C), (D), and (E) of this paragraph continue to be met with respect to such returns or return information, and (iii) in the case of the Department of Health and Human Services for purposes of subsection (m)(6), destroy all such return information upon completion of its use in providing the notification for which the information was obtained, so as to make such information undisclosable; except that the conditions of subparagraphs (A), (B), (C), (D), and (E) shall cease to apply with respect to any return or return information if, and to the extent that, such return or return information is disclosed in the course of any judicial or administrative proceeding and made a part of the public record thereof. If the Secretary determines that any such agency, body, or commission, including an agency, an appropriate State officer (as defined in section 6104 (c)), or any other person described in subsection (l)(10), (16), (18), (19), or (20), or the Government Accountability Office or the Congressional Budget Office, has failed to, or does not, meet the requirements of this paragraph, he may, after any proceedings for review established under paragraph (7), take such actions as are necessary to ensure such requirements are met, including refusing to disclose returns or return information to such agency, body, or commission, including an agency, an appropriate State officer (as defined in section 6104 (c)), or any other person described in subsection (l)(10), (16), (18), (19), or (20), or the Government Accountability Office or the Congressional Budget Office, until he determines that such requirements have been or will be met. In the case of any agency which receives any mailing address under paragraph (2), (4), (6), or (7) of subsection (m) and which discloses any such mailing address to any agent or which receives any information under paragraph (6)(A), (10), (12)(B), or (16) of subsection (l) and which discloses any such information to any agent, or any person including an agent described in subsection (l)(10) or (16), this paragraph shall apply to such agency and each such agent or other person (except that, in the case of an agent, or any person including an agent described in subsection (l)(10) or (16), any report to the Secretary or other action with respect to the Secretary shall be made or taken through such agency). For purposes of applying this paragraph in any case to which subsection (m)(6) applies, the term return information includes related blood donor records (as defined in section 1141(h)(2) of the Social Security Act). (5) Report on procedures and safeguards After the close of each calendar year, the Secretary shall furnish to each committee described in subsection (f)(1) a report which describes the procedures and safeguards established and utilized by such agencies, bodies, or commissions, the Government Accountability Office, and the Congressional Budget Office for ensuring the confidentiality of returns and return information as required by this subsection. Such report shall also describe instances of deficiencies in, and failure to establish or utilize, such procedures. (6) Audit of procedures and safeguards (A) Audit by Comptroller General The Comptroller General may audit the procedures and safeguards established by such agencies, bodies, or commissions and the Congressional Budget Office pursuant to this subsection to determine whether such safeguards and procedures meet the requirements of this subsection and ensure the confidentiality of returns and return information. The Comptroller General shall notify the Secretary before any such audit is conducted. (B) Records of inspection and reports by the Comptroller General The Comptroller General shall (i) maintain a permanent system of standardized records and accountings of returns and return information inspected by officers and employees of the Government Accountability Office under subsection (i)(8)(A)(ii) and shall, within 90 days after the close of each calendar year, furnish to the Secretary a report with respect to, or summary of, such records or accountings in such form and containing such information as the Secretary may prescribe, and
(ii) furnish an annual report to each committee described in subsection (f) and to the Secretary setting forth his findings with respect to any audit conducted pursuant to subparagraph (A). The Secretary may disclose to the Joint Committee any report furnished to him under clause (i). (7) Administrative review The Secretary shall by regulations prescribe procedures which provide for administrative review of any determination under paragraph (4) that any agency, body, or commission described in subsection (d) has failed to meet the requirements of such paragraph. (8) State law requirements (A) Safeguards Notwithstanding any other provision of this section, no return or return information shall be disclosed after December 31, 1978, to any officer or employee of any State which requires a taxpayer to attach to, or include in, any State tax return a copy of any portion of his Federal return, or information reflected on such Federal return, unless such State adopts provisions of law which protect the confidentiality of the copy of the Federal return (or portion thereof) attached to, or the Federal return information reflected on, such State tax return. (B) Disclosure of returns or return information in State returns Nothing in subparagraph (A) shall be construed to prohibit the disclosure by an officer or employee of any State of any copy of any portion of a Federal return or any information on a Federal return which is required to be attached or included in a State return to another officer or employee of such State (or political subdivision of such State) if such disclosure is specifically authorized by State law. (q) Regulations The Secretary is authorized to prescribe such other regulations as are necessary to carry out the provisions of this section.
[1] So in original. See 2008 Amendment note below. [2] So in original. Subsection (f)(5) does not relate to requests. [3] So in original. Cl. (i) designation probably should precede Any. [4] So in original. Probably should be section. [5] See References in Text note below. [6] So in original. Probably should be subsection. [7] So in original. The comma probably should be a period. [8] So in original.
6104. Publicity of information required from certain exempt organizations and certain trusts
(a) Inspection of applications for tax exemption or notice of status (1) Public inspection (A) Organizations described in section 501 or 527 If an organization described in section 501 (c) or (d) is exempt from taxation under section 501 (a) for any taxable year or a political organization is exempt from taxation under section 527 for any taxable year, the application filed by the organization with respect to which the Secretary made his determination that such organization was entitled to exemption under section 501 (a) or notice of status filed by the organization under section 527 (i),
together with any papers submitted in support of such application or notice, and any letter or other document issued by the Internal Revenue Service with respect to such application or notice shall be open to public inspection at the national office of the Internal Revenue Service. In the case of any application or notice filed after the date of the enactment of this subparagraph, a copy of such application or notice and such letter or document shall be open to public inspection at the appropriate field office of the Internal Revenue Service (determined under regulations prescribed by the Secretary). Any inspection under this subparagraph may be made at such times, and in such manner, as the Secretary shall by regulations prescribe. After the application of any organization for exemption from taxation under section 501(a) has been opened to public inspection under this subparagraph, the Secretary shall, on the request of any person with respect to such organization, furnish a statement indicating the subsection and paragraph of section 501 which it has been determined describes such organization. (B) Pension, etc., plans The following shall be open to public inspection at such times and in such places as the Secretary may prescribe: (i) any application filed with respect to the qualification of a pension, profit-sharing, or stock bonus plan under section 401 (a)or 403 (a), an individual retirement account described in section408 (a), or an individual retirement annuity described in section408 (b), (ii) any application filed with respect to the exemption from tax under section 501(a) of an organization forming part of a plan or account referred to in clause (i), (iii) any papers submitted in support of an application referred to in clause (i) or (ii), and (iv) any letter or other document issued by the Internal Revenue Service and dealing with the qualification referred to in clause (i) or the exemption from tax referred to in clause (ii). Except in the case of a plan participant, this subparagraph shall not apply to any plan referred to in clause (i) having not more than 25 participants. (C) Certain names and compensation not to be opened to public inspection In the case of any application, document, or other papers, referred to in subparagraph (B), information from which the compensation (including deferred compensation) of any individual may be ascertained shall not be open to public inspection under subparagraph (B). (D) Withholding of certain other information Upon request of the organization submitting any supporting papers described in subparagraph (A) or (B), the Secretary shall withhold from public inspection any information contained therein which he determines relates to any trade secret, patent, process, style of work, or apparatus, of the organization, if he determines that public disclosure of such information would adversely affect the organization. The Secretary shall withhold from public inspection any information contained in supporting papers described in subparagraph (A) or (B) the public disclosure of which he determines would adversely affect the national defense. (2) Inspection by committees of Congress Section 6103 (f) shall apply with respect to (A) the application for exemption of any organization described in section 501 (c) or (d) which is exempt from taxation under section 501(a) for any taxable year or notice of status of any political organization which is exempt from taxation under section 527 for any taxable year, and any application referred to in subparagraph (B) of subsection (a)(1) of this section, and (B) any other papers which are in the possession of the Secretary and which relate to such application, as if such papers constituted returns. (3) Information available on Internet and in person (A) In general The Secretary shall make publicly available, on the Internet and at the offices of the Internal Revenue Service (i) a list of all political organizations which file a notice with the Secretary under section 527 (i), and (ii) the name, address, electronic mailing address, custodian of records, and contact person for such organization. (B) Time to make information available
The Secretary shall make available the information required under subparagraph (A) not later than 5 business days after the Secretary receives a notice from a political organization under section 527 (i). (b) Inspection of annual returns The information required to be furnished by sections 6033, 6034, and 6058, together with the names and addresses of such organizations and trusts, shall be made available to the public at such times and in such places as the Secretary may prescribe. Nothing in this subsection shall authorize the Secretary to disclose the name or address of any contributor to any organization or trust (other than a private foundation, as defined in section509 (a) or a political organization exempt from taxation under section 527) which is required to furnish such information. In the case of an organization described in section 501 (d), this subsection shall not apply to copies referred to in section 6031 (b) with respect to such organization. In the case of a trust which is required to file a return under section 6034 (a), this subsection shall not apply to information regarding beneficiaries which are not organizations described in section 170 (c). Any annual return which is filed under section6011 by an organization described in section 501 (c)(3) and which relates to any tax imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations) shall be treated for purposes of this subsection in the same manner as if furnished under section6033. (c) Publication to State officials (1) General rule for charitable organizations In case of any organization which is described in section 501 (c)(3) and exempt from taxation under section 501 (a), or has applied under section508 (a) for recognition as an organization described in section 501 (c)(3), the Secretary at such times and in such manner as he may by regulations prescribe shall (A) notify the appropriate State officer of a refusal to recognize such organization as an organization described in section 501(c)(3), or of the operation of such organization in a manner which does not meet, or no longer meets, the requirements of its exemption, (B) notify the appropriate State officer of the mailing of a notice of deficiency of tax imposed under section 507 or chapter 41section 507or chapter 41 or 42, and (C) at the request of such appropriate State officer, make available for inspection and copying such returns, filed statements, records, reports, and other information, relating to a determination under subparagraph (A) or (B) as are relevant to any determination under State law. (2) Disclosure of proposed actions related to charitable organizations (A) Specific notifications In the case of an organization to which paragraph (1) applies, the Secretary may disclose to the appropriate State officer (i) a notice of proposed refusal to recognize such organization as an organization described in section 501 (c)(3) or a notice of proposed revocation of such organizations recognition as an organization exempt from taxation, (ii) the issuance of a letter of proposed deficiency of tax imposed under section 507 or chapter 41section 507 or chapter 41 or 42, and (iii) the names, addresses, and taxpayer identification numbers of organizations which have applied for recognition as organizations described in section 501 (c)(3). (B) Additional disclosures Returns and return information of organizations with respect to which information is disclosed under subparagraph (A) may be made available for inspection by or disclosed to an appropriate State officer. (C) Procedures for disclosure Information may be inspected or disclosed under subparagraph (A) or (B) only (i) upon written request by an appropriate State officer, and (ii) for the purpose of, and only to the extent necessary in, the administration of State laws regulating such organizations. Such information may only be inspected by or disclosed to a person other than the appropriate State officer if such person is an officer or employee of the State and is designated by the appropriate State officer to receive the returns or return information under this paragraph on behalf of the appropriate State officer. (D) Disclosures other than by request
The Secretary may make available for inspection or disclose returns and return information of an organization to which paragraph (1) applies to an appropriate State officer of any State if the Secretary determines that such returns or return information may constitute evidence of noncompliance under the laws within the jurisdiction of the appropriate State officer. (3) Disclosure with respect to certain other exempt organizations Upon written request by an appropriate State officer, the Secretary may make available for inspection or disclosure returns and return information of any organization described in section 501 (c) (other than organizations described in paragraph (1) or (3) thereof) for the purpose of, and only to the extent necessary in, the administration of State laws regulating the solicitation or administration of the charitable funds or charitable assets of such organizations. Such information may only be inspected by or disclosed to a person other than the appropriate State officer if such person is an officer or employee of the State and is designated by the appropriate State officer to receive the returns or return information under this paragraph on behalf of the appropriate State officer. (4) Use in civil judicial and administrative proceedings Returns and return information disclosed pursuant to this subsection may be disclosed in civil administrative and civil judicial proceedings pertaining to the enforcement of State laws regulating such organizations in a manner prescribed by the Secretary similar to that for tax administration proceedings under section 6103 (h)(4). (5) No disclosure if impairment Returns and return information shall not be disclosed under this subsection, or in any proceeding described in paragraph (4), to the extent that the Secretary determines that such disclosure would seriously impair Federal tax administration. (6) Definitions For purposes of this subsection (A) Return and return information The terms return and return information have the respective meanings given to such terms by section 6103 (b). (B) Appropriate State officer The term appropriate State officer means (i) the State attorney general, (ii) the State tax officer, (iii) in the case of an organization to which paragraph (1) applies, any other State official charged with overseeing organizations of the type described in section 501 (c)(3), and (iv) in the case of an organization to which paragraph (3) applies, the head of an agency designated by the State attorney general as having primary responsibility for overseeing the solicitation of funds for charitable purposes. (d) Public inspection of certain annual returns, reports, applications for exemption, and notices of status (1) In general In the case of an organization described in subsection (c) or (d) of section 501 and exempt from taxation under section 501 (a) or an organization exempt from taxation under section 527 (a) (A) a copy of (i) the annual return filed under section 6033 (relating to returns by exempt organizations) by such organization, (ii) any annual return which is filed under section 6011 by an organization described in section 501 (c)(3) and which relates to any tax imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations), (iii) if the organization filed an application for recognition of exemption under section 501 or notice of status under section 527(i), the exempt status application materials or any notice materials of such organization, and (iv) the reports filed under section 527 (j) (relating to required disclosure of expenditures and contributions) by such organization, shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and
(B) upon request of an individual made at such principal office or such a regional or district office, a copy of such annual return, reports, and exempt status application materials or such notice materials shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs. The request described in subparagraph (B) must be made in person or in writing. If such request is made in person, such copy shall be provided immediately and, if made in writing, shall be provided within 30 days. (2) 3-year limitation on inspection of returns Paragraph (1) shall apply to an annual return filed under section 6011 or6033 only during the 3-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing). (3) Exceptions from disclosure requirement (A) Nondisclosure of contributors, etc. In the case of an organization which is not a private foundation (within the meaning of section 509 (a)) or a political organization exempt from taxation under section 527, paragraph (1) shall not require the disclosure of the name or address of any contributor to the organization. In the case of an organization described in section501 (d), paragraph (1) shall not require the disclosure of the copies referred to in section 6031 (b) with respect to such organization. (B) Nondisclosure of certain other information Paragraph (1) shall not require the disclosure of any information if the Secretary withheld such information from public inspection under subsection (a)(1)(D). (4) Limitation on providing copies Paragraph (1)(B) shall not apply to any request if, in accordance with regulations promulgated by the Secretary, the organization has made the requested documents widely available, or the Secretary determines, upon application by an organization, that such request is part of a harassment campaign and that compliance with such request is not in the public interest. (5) Exempt status application materials For purposes of paragraph (1), the term exempt status application materials means the application for recognition of exemption under section 501 and any papers submitted in support of such application and any letter or other document issued by the Internal Revenue Service with respect to such application. (6) 1 Application to nonexempt charitable trusts and nonexempt private foundations The organizations referred to in paragraphs (1) and (2) of section 6033(d) shall comply with the requirements of this subsection relating to annual returns filed under section 6033 in the same manner as the organizations referred to in paragraph (1). (6) 1 Notice materials For purposes of paragraph (1), the term notice materials means the notice of status filed under section 527 (i) and any papers submitted in support of such notice and any letter or other document issued by the Internal Revenue Service with respect to such notice. (6) 1 Disclosure of reports by Internal Revenue Service Any report filed by an organization under section 527 (j) (relating to required disclosure of expenditures and contributions) shall be made available to the public at such times and in such places as the Secretary may prescribe.
[1] So in original. Three pars. (6) have been enacted.
6105. Confidentiality of information arising under treaty obligations

(a) In general Tax convention information shall not be disclosed. (b) Exceptions Subsection (a) shall not apply (1) to the disclosure of tax convention information to persons or authorities (including courts and administrative bodies) which are entitled to such disclosure pursuant to a tax convention, (2) to any generally applicable procedural rules regarding applications for relief under a tax convention, (3) to the disclosure of tax convention information on the same terms as return information may be disclosed under paragraph (3)(C) or (7) of section 6103 (i), except that in the case of tax convention information provided by a foreign government, no disclosure may be made under this paragraph without the written consent of the foreign government, or (4) in any case not described in paragraph (1), (2), or (3), to the disclosure of any tax convention information not relating to a particular taxpayer if the Secretary determines, after consultation with each other party to the tax convention, that such disclosure would not impair tax administration. (c) Definitions For purposes of this section (1) Tax convention information The term tax convention information means any (A) agreement entered into with the competent authority of one or more foreign governments pursuant to a tax convention, (B) application for relief under a tax convention, (C) background information related to such agreement or application, (D) document implementing such agreement, and (E) other information exchanged pursuant to a tax convention which is treated as confidential or secret under the tax convention. (2) Tax convention The term tax convention means (A) any income tax or gift and estate tax convention, or (B) any other convention or bilateral agreement (including multilateral conventions and agreements and any agreement with a possession of the United States) providing for the avoidance of double taxation, the prevention of fiscal evasion, nondiscrimination with respect to taxes, the exchange of tax relevant information with the United States, or mutual assistance in tax matters. (d) Cross references For penalties for the unauthorized disclosure of tax convention information which is return or return information, see sections 7213,7213A, and 7431.
6106. Repealed. Pub. L. 94455, title XII, 1202(h)(1), Oct. 4, 1976, 90 Stat. 1688]
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 756, related to inspection of unemployment tax returns.
6107. Tax return preparer must furnish copy of return to taxpayer and must retain a copy or list
(a) Furnishing copy to taxpayer Any person who is a tax return preparer with respect to any return or claim for refund shall furnish a completed copy of such return or claim to the taxpayer not later than the time such return or claim is presented for such taxpayers signature. (b) Copy or list to be retained by tax return preparer Any person who is a tax return preparer with respect to a return or claim for refund shall, for the period ending 3 years after the close of the return period (1) retain a completed copy of such return or claim, or retain, on a list, the name and taxpayer identification number of the taxpayer for whom such return or claim was prepared, and (2) make such copy or list available for inspection upon request by the Secretary. (c) Regulations The Secretary shall prescribe regulations under which, in cases where 2 or more persons are tax return preparers with respect to the same return or claim for refund, compliance with the requirements of subsection (a) or (b), as the case may be, of one such person shall be deemed to be compliance with the requirements of such subsection by the other persons. (d) Definitions For purposes of this section, the terms return and claim for refund have the respective meanings given to such terms by section 6696 (e), and the term return period has the meaning given to such term by section 6060 (c).
6108. Statistical publications and studies

(a) Publication or other disclosure of statistics of income The Secretary shall prepare and publish not less than annually statistics reasonably available with respect to the operations of the internal revenue laws, including classifications of taxpayers and of income, the amounts claimed or allowed as deductions, exemptions, and credits, and any other facts deemed pertinent and valuable. (b) Special statistical studies The Secretary may, upon written request by any party or parties, make special statistical studies and compilations involving return information (as defined in section 6103 (b)(2)) and furnish to such party or parties transcripts of any such special statistical study or compilation. A reasonable fee may be prescribed for the cost of the work or services performed for such party or parties. (c) Anonymous form No publication or other disclosure of statistics or other information required or authorized by subsection (a) or special statistical study authorized by subsection (b) shall in any manner permit the statistics, study, or any information so published, furnished, or otherwise disclosed to be associated with, or otherwise identify, directly or indirectly, a particular taxpayer.
6109. Identifying numbers

(a) Supplying of identifying numbers When required by regulations prescribed by the Secretary: (1) Inclusion in returns Any person required under the authority of this title to make a return, statement, or other document shall include in such return, statement, or other document such identifying number as may be prescribed for securing proper identification of such person. (2) Furnishing number to other persons Any person with respect to whom a return, statement, or other document is required under the authority of this title to be made by another person or whose identifying number is required to be shown on a return of another person shall furnish to such other person such identifying number as may be prescribed for securing his proper identification. (3) Furnishing number of another person
Any person required under the authority of this title to make a return, statement, or other document with respect to another person shall request from such other person, and shall include in any such return, statement, or other document, such identifying number as may be prescribed for securing proper identification of such other person. (4) Furnishing identifying number of tax return preparer Any return or claim for refund prepared by a tax return preparer shall bear such identifying number for securing proper identification of such preparer, his employer, or both, as may be prescribed. For purposes of this paragraph, the terms return and claim for refund have the respective meanings given to such terms by section 6696 (e). For purposes of paragraphs (1), (2), and (3), the identifying number of an individual (or his estate) shall be such individuals social security account number. (b) Limitation (1) Except as provided in paragraph (2), a return of any person with respect to his liability for tax, or any statement or other document in support thereof, shall not be considered for purposes of paragraphs (2) and (3) of subsection (a) as a return, statement, or other document with respect to another person. (2) For purposes of paragraphs (2) and (3) of subsection (a), a return of an estate or trust with respect to its liability for tax, and any statement or other document in support thereof, shall be considered as a return, statement, or other document with respect to each beneficiary of such estate or trust. (c) Requirement of information For purposes of this section, the Secretary is authorized to require such information as may be necessary to assign an identifying number to any person. (d) Use of social security account number The social security account number issued to an individual for purposes of section 205(c)(2) (A) of the Social Security Act shall, except as shall otherwise be specified under regulations of the Secretary, be used as the identifying number for such individual for purposes of this title. [(e) Repealed. Pub. L. 104188, title I, 1615(a)(2)(A), Aug. 20, 1996, 110 Stat. 1853] (f) Access to employer identification numbers by Secretary of Agriculture for purposes of Food and Nutrition Act of 2008 of 19771 (1) In general In the administration of section 9 of the Food and Nutrition Act of 2008 (7U.S.C. 2018) involving the determination of the qualifications of applicants under such Act, the Secretary of Agriculture may, subject to this subsection, require each applicant retail store or wholesale food concern to furnish to the Secretary of Agriculture the employer identification number assigned to the store or concern pursuant to this section. The Secretary of Agriculture shall not have access to any such number for any purpose other than the establishment and maintenance of a list of the names and employer identification numbers of the stores and concerns for use in determining those applicants who have been previously sanctioned or convicted under section 12 or 15 of such Act (7U.S.C. 2021 or 2024). (2) Sharing of information and safeguards (A) Sharing of information The Secretary of Agriculture may share any information contained in any list referred to in paragraph (1) with any other agency or instrumentality of the United States which otherwise has access to employer identification numbers in accordance with this section or other applicable Federal law, except that the Secretary of Agriculture may share such information only to the extent that such Secretary determines such sharing would assist in verifying and matching such information against information maintained by such other agency or instrumentality. Any such information shared pursuant to this subparagraph may be used by such other agency or instrumentality only for the purpose of effective administration and enforcement of the Food and Nutrition Act of 2008 or for the purpose of investigation of violations of other Federal laws or enforcement of such laws. (B) Safeguards The Secretary of Agriculture, and the head of any other agency or instrumentality referred to in subparagraph (A), shall restrict, to the satisfaction of the Secretary of the Treasury, access to employer identification numbers obtained pursuant to this subsection only to officers and employees of the United States whose duties or responsibilities require access for the
purposes described in subparagraph (A). The Secretary of Agriculture, and the head of any agency or instrumentality with which information is shared pursuant to subparagraph (A), shall provide such other safeguards as the Secretary of the Treasury determines to be necessary or appropriate to protect the confidentiality of the employer identification numbers. (3) Confidentiality and nondisclosure rules Employer identification numbers that are obtained or maintained pursuant to this subsection by the Secretary of Agriculture or the head of any agency or instrumentality with which information is shared pursuant to paragraph (2) shall be confidential, and no officer or employee of the United States who has or had access to the employer identification numbers shall disclose any such employer identification number obtained thereby in any manner. For purposes of this paragraph, the term officer or employee includes a former officer or employee. (4) Sanctions Paragraphs (1), (2), and (3) of section 7213 (a) shall apply with respect to the unauthorized willful disclosure to any person of employer identification numbers maintained pursuant to this subsection by the Secretary of Agriculture or any agency or instrumentality with which information is shared pursuant to paragraph (2) in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of return and return information described in such paragraphs. Paragraph (4) of section 7213 (a) shall apply with respect to the willful offer of any item of material value in exchange for any such employer identification number in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph. (g) Access to employer identification numbers by Federal Crop Insurance Corporation for purposes of the Federal Crop Insurance Act (1) In general In the administration of section 506 of the Federal Crop Insurance Act, the Federal Crop Insurance Corporation may require each policyholder and each reinsured company to furnish to the insurer or to the Corporation the employer identification number of such policyholder, subject to the requirements of this paragraph. No officer or employee of the Federal Crop Insurance Corporation, or authorized person shall have access to any such number for any purpose other than the establishment of a system of records necessary to the effective administration of such Act. The Manager of the Corporation may require each policyholder to provide to the Manager or authorized person, at such times and in such manner as prescribed by the Manager, the employer identification number of each entity that holds or acquires a substantial beneficial interest in the policyholder. For purposes of this subclause, the term substantial beneficial interest means not less than 5 percent of all beneficial interest in the policyholder. The Secretary of Agriculture shall restrict, to the satisfaction of the Secretary of the Treasury, access to employer identification numbers obtained pursuant to this paragraph only to officers and employees of the United States or authorized persons whose duties or responsibilities require access for the administration of the Federal Crop Insurance Act. (2) Confidentiality and nondisclosure rules Employer identification numbers maintained by the Secretary of Agriculture or the Federal Crop Insurance Corporation pursuant to this subsection shall be confidential, and except as authorized by this subsection, no officer or employee of the United States or authorized person who has or had access to such employer identification numbers shall disclose any such employer identification number obtained thereby in any manner. For purposes of this paragraph, the term officer or employee includes a former officer or employee. For purposes of this subsection, the term authorized person means an officer or employee of an insurer whom the Manager of the Corporation designates by rule, subject to appropriate safeguards including a prohibition against the release of such social security account numbers (other than to the Corporations) by such person. (3) Sanctions Paragraphs (1), (2), and (3) of section 7213 (a) shall apply with respect to the unauthorized willful disclosure to any person of employer identification numbers maintained by the Secretary of Agriculture or the Federal Crop Insurance Corporation pursuant to this subsection in the same manner and to the same extent as such paragraphs apply with respect to unauthorized disclosures of return and return information described in such
paragraphs. Paragraph (4) of section 7213 (a) shall apply with respect to the willful offer of any item of material value in exchange for any such employer identification number in the same manner and to the same extent as such paragraph applies with respect to offers (in exchange for any return or return information) described in such paragraph. (h) Identifying information required with respect to certain seller-provided financing (1) Payor If any taxpayer claims a deduction under section 163 for qualified residence interest on any seller-provided financing, such taxpayer shall include on the return claiming such deduction the name, address, and TIN of the person to whom such interest is paid or accrued. (2) Recipient If any person receives or accrues interest referred to in paragraph (1), such person shall include on the return for the taxable year in which such interest is so received or accrued the name, address, and TIN of the person liable for such interest. (3) Furnishing of information between payor and recipient If any person is required to include the TIN of another person on a return under paragraph (1) or (2), such other person shall furnish his TIN to such person. (4) Seller-provided financing For purposes of this subsection, the term seller-provided financing means any indebtedness incurred in acquiring any residence if the person to whom such indebtedness is owed is the person from whom such residence was acquired.
[1] So in original. See 2008 Amendment note below.
6110. Public inspection of written determinations

(a) General rule Except as otherwise provided in this section, the text of any written determination and any background file document relating to such written determination shall be open to public inspection at such place as the Secretary may by regulations prescribe. (b) Definitions For purposes of this section (1) Written determination (A) In general The term written determination means a ruling, determination letter, technical advice memorandum, or Chief Counsel advice. (B) Exceptions Such term shall not include any matter referred to in subparagraph (C) or (D) of section 6103 (b)(2). (2) Background file document The term background file document with respect to a written determination includes the request for that written determination, any written material submitted in support of the request, and any communication (written or otherwise) between the Internal Revenue Service and persons outside the Internal Revenue Service in connection with such written determination (other than any communication between the Department of Justice and the Internal Revenue Service relating to a pending civil or criminal case or investigation) received before issuance of the written determination. (3) Reference and general written determinations (A) Reference written determination The term reference written determination means any written determination which has been determined by the Secretary to have significant reference value.
(B) General written determination The term general written determination means any written determination other than a reference written determination. (c) Exemptions from disclosure Before making any written determination or background file document open or available to public inspection under subsection (a), the Secretary shall delete (1) the names, addresses, and other identifying details of the person to whom the written determination pertains and of any other person, other than a person with respect to whom a notation is made under subsection (d)(1), identified in the written determination or any background file document; (2) information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, and which is in fact properly classified pursuant to such Executive order; (3) information specifically exempted from disclosure by any statute (other than this title) which is applicable to the Internal Revenue Service; (4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (6) information contained in or related to examination, operating, or condition reports prepared by, or on behalf of, or for use of an agency responsible for the regulation or supervision of financial institutions; and (7) geological and geophysical information and data, including maps, concerning wells. The Secretary shall determine the appropriate extent of such deletions and, except in the case of intentional or willful disregard of this subsection, shall not be required to make such deletions (nor be liable for failure to make deletions) unless the Secretary has agreed to such deletions or has been ordered by a court (in a proceeding under subsection (f)(3)) to make such deletions. (d) Procedures with regard to third party contacts (1) Notations If, before the issuance of a written determination, the Internal Revenue Service receives any communication (written or otherwise) concerning such written determination, any request for such determination, or any other matter involving such written determination from a person other than an employee of the Internal Revenue Service or the person to whom such written determination pertains (or his authorized representative with regard to such written determination), the Internal Revenue Service shall indicate, on the written determination open to public inspection, the category of the person making such communication and the date of such communication. (2) Exception Paragraph (1) shall not apply to any communication made by the Chief of Staff of the Joint Committee on Taxation. (3) Disclosure of identity In the case of any written determination to which paragraph (1) applies, any person may file a petition in the United States Tax Court or file a complaint in the United States District Court for the District of Columbia for an order requiring that the identity of any person to whom the written determination pertains be disclosed. The court shall order disclosure of such identity if there is evidence in the record from which one could reasonably conclude that an impropriety occurred or undue influence was exercised with respect to such written determination by or on behalf of such person. The court may also direct the Secretary to disclose any portion of any other deletions made in accordance with subsection (c) where such disclosure is in the public interest. If a proceeding is commenced under this paragraph, the person whose identity is subject to being disclosed and the person about whom a notation is made under paragraph (1) shall be notified of the proceeding in accordance with the procedures described in subsection (f)(4)(B) and shall have the right to intervene in the proceeding (anonymously, if appropriate). (4) Period in which to bring action
No proceeding shall be commenced under paragraph (3) unless a petition is filed before the expiration of 36 months after the first day that the written determination is open to public inspection. (e) Background file documents Whenever the Secretary makes a written determination open to public inspection under this section, he shall also make available to any person, but only upon the written request of that person, any background file document relating to the written determination. (f) Resolution of disputes relating to disclosure (1) Notice of intention to disclose Except as otherwise provided by subsection (i), the Secretary shall upon issuance of any written determination, or upon receipt of a request for a background file document, mail a notice of intention to disclose such determination or document to any person to whom the written determination pertains (or a successor in interest, executor, or other person authorized by law to act for or on behalf of such person). (2) Administrative remedies The Secretary shall prescribe regulations establishing administrative remedies with respect to (A) requests for additional disclosure of any written determination of any background file document, and (B) requests to restrain disclosure. (3) Action to restrain disclosure (A) Creation of remedy Any person (i) to whom a written determination pertains (or a successor in interest, executor, or other person authorized by law to act for or on behalf of such person), or who has a direct interest in maintaining the confidentiality of any such written determination or background file document (or portion thereof), (ii) who disagrees with any failure to make a deletion with respect to that portion of any written determination or any background file document which is to be open or available to public inspection, and (iii) who has exhausted his administrative remedies as prescribed pursuant to paragraph (2), may, within 60 days after the mailing by the Secretary of a notice of intention to disclose any written determination or background file document under paragraph (1), together with the proposed deletions, file a petition in the United States Tax Court (anonymously, if appropriate) for a determination with respect to that portion of such written determination or background file document which is to be open to public inspection. (B) Notice to certain persons The Secretary shall notify any person to whom a written determination pertains (unless such person is the petitioner) of the filing of a petition under this paragraph with respect to such written determination or related background file document, and any such person may intervene (anonymously, if appropriate) in any proceeding conducted pursuant to this paragraph. The Secretary shall send such notice by registered or certified mail to the last known address of such person within 15 days after such petition is served on the Secretary. No person who has received such a notice may thereafter file any petition under this paragraph with respect to such written determination or background file document with respect to which such notice was received. (4) Action to obtain additional disclosure (A) Creation of remedy Any person who has exhausted the administrative remedies prescribed pursuant to paragraph (2) with respect to a request for disclosure may file a petition in the United States Tax Court or a complaint in the United States District Court for the District of Columbia for an order requiring that any written determination or background file document (or portion thereof) be made open or available to public inspection. Except where inconsistent with subparagraph (B), the provisions of subparagraphs (C), (D), (E), (F), and (G) of section 552 (a)(4) of title 5, United States Code, shall apply to any proceeding under this paragraph. The Court shall examine the matter de novo and without regard to a decision of a court under paragraph (3) with respect to such written determination or background file document, and may examine the entire text of such written determination or background file document in
order to determine whether such written determination or background file document or any part thereof shall be open or available to public inspection under this section. The burden of proof with respect to the issue of disclosure of any information shall be on the Secretary and any other person seeking to restrain disclosure. (B) Intervention If a proceeding is commenced under this paragraph with respect to any written determination or background file document, the Secretary shall, within 15 days after notice of the petition filed under subparagraph (A) is served on him, send notice of the commencement of such proceeding to all persons who are identified by name and address in such written determination or background file document. The Secretary shall send such notice by registered or certified mail to the last known address of such person. Any person to whom such determination or background file document pertains may intervene in the proceeding (anonymously, if appropriate). If such notice is sent, the Secretary shall not be required to defend the action and shall not be liable for public disclosure of the written determination or background file document (or any portion thereof) in accordance with the final decision of the court. (5) Expedition of determination The Tax Court shall make a decision with respect to any petition described in paragraph (3) at the earliest practicable date. (6) Publicity of Tax Court proceedings Notwithstanding sections 7458 and 7461, the Tax Court may, in order to preserve the anonymity, privacy, or confidentiality of any person under this section, provide by rules adopted under section 7453 that portions of hearings, testimony, evidence, and reports in connection with proceedings under this section may be closed to the public or to inspection by the public. (g) Time for disclosure (1) In general Except as otherwise provided in this section, the text of any written determination or any background file document (as modified under subsection (c)) shall be open or available to public inspection (A) no earlier than 75 days, and no later than 90 days, after the notice provided in subsection (f)(1) is mailed, or, if later, (B) within 30 days after the date on which a court decision under subsection (f)(3) becomes final. (2) Postponement by order of court The court may extend the period referred to in paragraph (1)(B) for such time as the court finds necessary to allow the Secretary to comply with its decision. (3) Postponement of disclosure for up to 90 days At the written request of the person by whom or on whose behalf the request for the written determination was made, the period referred to in paragraph (1)(A) shall be extended (for not to exceed an additional 90 days) until the day which is 15 days after the date of the Secretarys determination that the transaction set forth in the written determination has been completed. (4) Additional 180 days If (A) the transaction set forth in the written determination is not completed during the period set forth in paragraph (3), and (B) the person by whom or on whose behalf the request for the written determination was made establishes to the satisfaction of the Secretary that good cause exists for additional delay in opening the written determination to public inspection, the period referred to in paragraph (3) shall be further extended (for not to exceed an additional 180 days) until the day which is 15 days after the date of the Secretarys determination that the transaction set forth in the written determination has been completed. (5) Special rules for certain written determinations, etc. Notwithstanding the provisions of paragraph (1), the Secretary shall not be required to make available to the public (A) any technical advice memorandum, any Chief Counsel advice, and any related background file document involving any matter which is the subject of a civil fraud or criminal
investigation or jeopardy or termination assessment until after any action relating to such investigation or assessment is completed, or (B) any general written determination and any related background file document that relates solely to approval of the Secretary of any adoption or change of (i) the funding method or plan year of a plan under section 412, (ii) a taxpayers annual accounting period under section 442, (iii) a taxpayers method of accounting under section 446 (e), or (iv) a partnerships or partners taxable year under section 706, but the Secretary shall make any such written determination and related background file document available upon the written request of any person after the date on which (except for this subparagraph) such determination would be open to public inspection. (h) Disclosure of prior written determinations and related background file documents (1) In general Except as otherwise provided in this subsection, a written determination issued pursuant to a request made before November 1, 1976, and any background file document relating to such written determination shall be open or available to public inspection in accordance with this section. (2) Time for disclosure In the case of any written determination or background file document which is to be made open or available to public inspection under paragraph (1) (A) subsection (g) shall not apply, but (B) such written determination or background file document shall be made open or available to public inspection at the earliest practicable date after funds for that purpose have been appropriated and made available to the Internal Revenue Service. (3) Order of release Any written determination or background file document described in paragraph (1) shall be open or available to public inspection in the following order starting with the most recent written determination in each category: (A) reference written determinations issued under this title; (B) general written determinations issued after July 4, 1967; and (C) reference written determinations issued under the Internal Revenue Code of 1939 or corresponding provisions of prior law. General written determinations not described in subparagraph (B) shall be open to public inspection on written request, but not until after the written determinations referred to in subparagraphs (A), (B), and (C) are open to public inspection. (4) Notice that prior written determinations are open to public inspection Notwithstanding the provisions of subsections (f)(1) and (f)(3)(A), not less than 90 days before making any portion of a written determination described in this subsection open to public inspection, the Secretary shall issue public notice in the Federal Register that such written determination is to be made open to public inspection. The person who received a written determination may, within 75 days after the date of publication of notice under this paragraph, file a petition in the United States Tax Court (anonymously, if appropriate) for a determination with respect to that portion of such written determination which is to be made open to public inspection. The provisions of subsections (f)(3)(B), (5), and (6) shall apply if such a petition is filed. If no petition is filed, the text of any written determination shall be open to public inspection no earlier than 90 days, and no later than 120 days, after notice is published in the Federal Register. (5) Exclusion Subsection (d) shall not apply to any written determination described in paragraph (1). (i) Special rules for disclosure of Chief Counsel advice (1) Chief Counsel advice defined (A) In general For purposes of this section, the term Chief Counsel advice means written advice or instruction, under whatever name or designation, prepared by any national office component of the Office of Chief Counsel which (i) is issued to field or service center employees of the Service or regional or district employees of the Office of Chief Counsel; and
(ii) conveys (I) any legal interpretation of a revenue provision; (II) any Internal Revenue Service or Office of Chief Counsel position or policy concerning a revenue provision; or (III) any legal interpretation of State law, foreign law, or other Federal law relating to the assessment or collection of any liability under a revenue provision. (B) Revenue provision defined For purposes of subparagraph (A), the term revenue provision means any existing or former internal revenue law, regulation, revenue ruling, revenue procedure, other published or unpublished guidance, or tax treaty, either in general or as applied to specific taxpayers or groups of specific taxpayers. (2) Additional documents treated as Chief Counsel advice The Secretary may by regulation provide that this section shall apply to any advice or instruction prepared and issued by the Office of Chief Counsel which is not described in paragraph (1). (3) Deletions for Chief Counsel advice In the case of Chief Counsel advice and related background file documents open to public inspection pursuant to this section (A) paragraphs (2) through (7) of subsection (c) shall not apply, but (B) the Secretary may make deletions of material in accordance with subsections (b) and (c) of section 552 of title 5, United States Code, except that in applying subsection (b)(3) of such section, no statutory provision of this title shall be taken into account. (4) Notice of intention to disclose (A) Nontaxpayer-specific Chief Counsel advice In the case of Chief Counsel advice which is written without reference to a specific taxpayer or group of specific taxpayers (i) subsection (f)(1) shall not apply; and (ii) the Secretary shall, within 60 days after the issuance of the Chief Counsel advice, complete any deletions described in subsection (c)(1) or paragraph (3) and make the Chief Counsel advice, as so edited, open for public inspection. (B) Taxpayer-specific Chief Counsel advice In the case of Chief Counsel advice which is written with respect to a specific taxpayer or group of specific taxpayers, the Secretary shall, within 60 days after the issuance of the Chief Counsel advice, mail the notice required by subsection (f)(1) to each such taxpayer. The notice shall include a copy of the Chief Counsel advice on which is indicated the information that the Secretary proposes to delete pursuant to subsection (c)(1). The Secretary may also delete from the copy of the text of the Chief Counsel advice any of the information described in paragraph (3), and shall delete the names, addresses, and other identifying details of taxpayers other than the person to whom the advice pertains, except that the Secretary shall not delete from the copy of the Chief Counsel advice that is furnished to the taxpayer any information of which that taxpayer was the source. (j) Civil remedies (1) Civil action Whenever the Secretary (A) fails to make deletions required in accordance with subsection (c), or (B) fails to follow the procedures in subsection (g) or (i)(4)(B), the recipient of the written determination or any person identified in the written determination shall have as an exclusive civil remedy an action against the Secretary in the United States Court of Federal Claims, which shall have jurisdiction to hear any action under this paragraph. (2) Damages In any suit brought under the provisions of paragraph (1)(A) in which the Court determines that an employee of the Internal Revenue Service intentionally or willfully failed to delete in accordance with subsection (c), or in any suit brought under subparagraph (1)(B) in which the Court determines that an employee intentionally or willfully failed to act in accordance with subsection (g) or (i)(4)(B), the United States shall be liable to the person in an amount equal to the sum of
(A) actual damages sustained by the person but in no case shall a person be entitled to receive less than the sum of $1,000, and (B) the costs of the action together with reasonable attorneys fees as determined by the Court. (k) Special provisions (1) Fees The Secretary is authorized to assess actual costs (A) for duplication of any written determination or background file document made open or available to the public under this section, and (B) incurred in searching for and making deletions required under subsection (c)(1) or (i)(3) from any written determination or background file document which is available to public inspection only upon written request. The Secretary shall furnish any written determination or background file document without charge or at a reduced charge if he determines that waiver or reduction of the fee is in the public interest because furnishing such determination or background file document can be considered as primarily benefiting the general public. (2) Records disposal procedures Nothing in this section shall prevent the Secretary from disposing of any general written determination or background file document described in subsection (b) in accordance with established records disposition procedures, but such disposal shall, except as provided in the following sentence, occur not earlier than 3 years after such written determination is first made open to public inspection. In the case of any general written determination described in subsection (h), the Secretary may dispose of such determination and any related background file document in accordance with such procedures but such disposal shall not occur earlier than 3 years after such written determination is first made open to public inspection if funds are appropriated for such purpose before January 20, 1979, or not earlier than January 20, 1979, if funds are not appropriated before such date. The Secretary shall not dispose of any reference written determinations and related background file documents. (3) Precedential status Unless the Secretary otherwise establishes by regulations, a written determination may not be used or cited as precedent. The preceding sentence shall not apply to change the precedential status (if any) of written determinations with regard to taxes imposed by subtitle D of this title. (l) Section not to apply This section shall not apply to (1) any matter to which section 6104 or 6105 applies, or (2) any (A) written determination issued pursuant to a request made before November 1, 1976, with respect to the exempt status under section 501(a) of an organization described in section 501 (c) or (d), the status of an organization as a private foundation under section 509(a), or the status of an organization as an operating foundation under section 4942 (j)(3), (B) written determination described in subsection (g)(5)(B) issued pursuant to a request made before November 1, 1976, (C) determination letter not otherwise described in subparagraph (A), (B), or (E) issued pursuant to a request made before November 1, 1976, (D) background file document relating to any general written determination issued before July 5, 1967, or (E) letter or other document described in section 6104 (a)(1)(B)(iv)issued before September 2, 1974 . (m) Exclusive remedy Except as otherwise provided in this title, or with respect to a discovery order made in connection with a judicial proceeding, the Secretary shall not be required by any Court to make any written determination or background file document open or available to public inspection, or to refrain from disclosure of any such documents.
6111. Disclosure of reportable transactions

(a) In general Each material advisor with respect to any reportable transaction shall make a return (in such form as the Secretary may prescribe) setting forth (1) information identifying and describing the transaction, (2) information describing any potential tax benefits expected to result from the transaction, and (3) such other information as the Secretary may prescribe. Such return shall be filed not later than the date specified by the Secretary. (b) Definitions For purposes of this section: (1) Material advisor (A) In general The term material advisor means any person (i) who provides any material aid, assistance, or advice with respect to organizing, managing, promoting, selling, implementing, insuring, or carrying out any reportable transaction, and (ii) who directly or indirectly derives gross income in excess of the threshold amount (or such other amount as may be prescribed by the Secretary) for such aid, assistance, or advice. (B) Threshold amount For purposes of subparagraph (A), the threshold amount is (i) $50,000 in the case of a reportable transaction substantially all of the tax benefits from which are provided to natural persons, and (ii) $250,000 in any other case. (2) Reportable transaction The term reportable transaction has the meaning given to such term by section 6707A (c). (c) Regulations The Secretary may prescribe regulations which provide (1) that only 1 person shall be required to meet the requirements of subsection (a) in cases in which 2 or more persons would otherwise be required to meet such requirements, (2) exemptions from the requirements of this section, and (3) such rules as may be necessary or appropriate to carry out the purposes of this section.
6112. Material advisors of reportable transactions must keep lists of advisees, etc.
(a) In general Each material advisor (as defined in section 6111) with respect to any reportable transaction (as defined in section 6707A (c)) shall (whether or not required to file a return under section 6111 with respect to such transaction) maintain (in such manner as the Secretary may by regulations prescribe) a list (1) identifying each person with respect to whom such advisor acted as a material advisor with respect to such transaction, and (2) containing such other information as the Secretary may by regulations require. (b) Special rules (1) Availability for inspection; retention of information on list Any person who is required to maintain a list under subsection (a) (or was required to maintain a list under subsection (a) as in effect before the enactment of the American Jobs Creation Act of 2004)
(A) shall make such list available to the Secretary for inspection upon written request by the Secretary, and (B) except as otherwise provided under regulations prescribed by the Secretary, shall retain any information which is required to be included on such list for 7 years. (2) Lists which would be required to be maintained by 2 or more persons The Secretary may prescribe regulations which provide that, in cases in which 2 or more persons are required under subsection (a) to maintain the same list (or portion thereof), only 1 person shall be required to maintain such list (or portion).
6113. Disclosure of nondeductibility of contributions

(a) General rule Each fundraising solicitation by (or on behalf of) an organization to which this section applies shall contain an express statement (in a conspicuous and easily recognizable format) that contributions or gifts to such organization are not deductible as charitable contributions for Federal income tax purposes. (b) Organizations to which section applies (1) In general Except as otherwise provided in this subsection, this section shall apply to any organization which is not described in section 170 (c) and which (A) is described in subsection (c) (other than paragraph (1) thereof) or (d) of section 501 and exempt from taxation under section 501 (a), (B) is a political organization (as defined in section 527 (e)), or (C) was an organization described in subparagraph (A) or (B) at any time during the 5-year period ending on the date of the fundraising solicitation or is a successor to an organization so described at any time during such 5-year period. (2) Exception for small organizations (A) Annual gross receipts do not exceed $100,000 This section shall not apply to any organization the gross receipts of which in each taxable year are normally not more than $100,000. (B) Multiple organization rule The Secretary may treat any group of 2 or more organizations as 1 organization for purposes of subparagraph (A) where necessary or appropriate to prevent the avoidance of this section through the use of multiple organizations. (3) Special rule for certain fraternal organizations For purposes of paragraph (1), an organization described in section 170(c)(4) shall be treated as described in section 170 (c) only with respect to solicitations for contributions or gifts which are to be used exclusively for purposes referred to in section 170 (c)(4). (c) Fundraising solicitation For purposes of this section (1) In general Except as provided in paragraph (2), the term fundraising solicitation means any solicitation of contributions or gifts which is made (A) in written or printed form, (B) by television or radio, or (C) by telephone. (2) Exception for certain letters or calls The term fundraising solicitation shall not include any letter or telephone call if such letter or call is not part of a coordinated fundraising campaign soliciting more than 10 persons during the calendar year.
6114. Treaty-based return positions

(a) In general Each taxpayer who, with respect to any tax imposed by this title, takes the position that a treaty of the United States overrules (or otherwise modifies) an internal revenue law of the United States shall disclose (in such manner as the Secretary may prescribe) such position (1) on the return of tax for such tax (or any statement attached to such return), or (2) if no return of tax is required to be filed, in such form as the Secretary may prescribe. (b) Waiver authority The Secretary may waive the requirements of subsection (a) with respect to classes of cases for which the Secretary determines that the waiver will not impede the assessment and collection of tax.
6115. Disclosure related to quid pro quo contributions

(a) Disclosure requirement If an organization described in section 170 (c) (other than paragraph (1) thereof) receives a quid pro quo contribution in excess of $75, the organization shall, in connection with the solicitation or receipt of the contribution, provide a written statement which (1) informs the donor that the amount of the contribution that is deductible for Federal income tax purposes is limited to the excess of the amount of any money and the value of any property other than money contributed by the donor over the value of the goods or services provided by the organization, and (2) provides the donor with a good faith estimate of the value of such goods or services. (b) Quid pro quo contribution For purposes of this section, the term quid pro quo contribution means a payment made partly as a contribution and partly in consideration for goods or services provided to the payor by the donee organization. A quid pro quo contribution does not include any payment made to an organization, organized exclusively for religious purposes, in return for which the taxpayer receives solely an intangible religious benefit that generally is not sold in a commercial transaction outside the donative context.
6116. Cross reference

For inspection of records, returns, etc., concerning gasoline or lubricating oils, see section 4102.
CHAPTER 62TIME AND PLACE FOR PAYING TAX

Subchapter APlace and Due Date for Payment of Tax ( 61516159) Subchapter BExtensions of Time for Payment ( 61616167)
Subchapter APlace and Due Date for Payment of Tax
6151. Time and place for paying tax shown on returns [ 6152. Repealed.] [ 6153. Repealed.] [ 6154. Repealed.] 6155. Payment on notice and demand [ 6156. Repealed.]
6157. Payment of Federal unemployment tax on quarterly or other time period basis [ 6158. Repealed.] 6159. Agreements for payment of tax liability in installments
6151. Time and place for paying tax shown on returns

(a) General rule Except as otherwise provided in this subchapter, when a return of tax is required under this title or regulations, the person required to make such return shall, without assessment or notice and demand from the Secretary, pay such tax to the internal revenue officer with whom the return is filed, and shall pay such tax at the time and place fixed for filing the return (determined without regard to any extension of time for filing the return). (b) Exceptions (1) Income tax not computed by taxpayer If the taxpayer elects under section 6014 not to show the tax on the return, the amount determined by the Secretary as payable shall be paid within 30 days after the mailing by the Secretary to the taxpayer of a notice stating such amount and making demand therefor. (2) Use of government depositaries For authority of the Secretary to require payments to Government depositaries, see section 6302 (c). (c) Date fixed for payment of tax In any case in which a tax is required to be paid on or before a certain date, or within a certain period, any reference in this title to the date fixed for payment of such tax shall be deemed a reference to the last day fixed for such payment (determined without regard to any extension of time for paying the tax.)
6152. Repealed. Pub. L. 99514, title XIV, 1404(c)(1), Oct. 22, 1986, 100 Stat. 2714]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 757; Sept. 1, 1954, ch. 1212, 3,68 Stat. 1130; Oct. 4, 1976, Pub. L. 94455, title XIX, 1906(a)(9), (b)(13)(A), 90Stat. 1824, 1834; Sept. 3, 1982, Pub. L. 97248, title II, 234(b)(1), 96 Stat. 503, related to installment payments of taxes.
6153. Repealed. Pub. L. 98369, div. A, title IV, 412(a)(3), July 18, 1984, 98 Stat. 792]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 758; Sept. 25, 1962, Pub. L. 87682, 1(a) (3), (c), 76 Stat. 575; Dec. 23, 1975, Pub. L. 94164, 5(b), 89 Stat. 975; June 30, 1976, Pub. L. 94331, 3(b), 90 Stat. 782; Sept. 3, 1976, Pub. L. 94396, 2(a) (2), 90 Stat. 1201; Sept. 17, 1976, Pub. L. 94414, 3(b), 90 Stat. 1273; Oct. 4, 1976, Pub. L. 94455, title XIX, 1906(b)(13)(A), 90 Stat. 1834; Aug. 13, 1981, Pub. L. 97 34, title VII, 725(c)(3), 95 Stat. 346; Sept. 3, 1982,Pub. L. 97248, title III, 328(b)(3), 96 Stat. 618, related to installment payments of estimated income tax by individuals.
6154. Repealed. Pub. L. 100203, title X, 10301(b)(1), Dec. 22, 1987, 101 Stat. 1330 429]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 760; Feb. 26, 1964, Pub. L. 88272, title I, 122(a), 78 Stat. 25; Mar. 15, 1966, Pub. L. 89368, title I, 104(a),80 Stat. 64; June 28, 1968, Pub. L. 90364, title I, 103(b), 82 Stat. 260; Dec. 23, 1975, Pub. L. 94164, 5(c), 89 Stat. 975; June 30, 1976, Pub. L. 94331, 3(c), 90 Stat. 782; Sept. 3, 1976, Pub. L. 94396, 2(a)(3), 90 Stat. 1201; Sept. 17, 1976, Pub. L. 94414, 3(c), 90 Stat. 1273; Oct. 4, 1976, Pub. L. 94455, title IX, 901(c)(3), title XIX, 1906(a) (10), (b)(13)(A), 90 Stat. 1607, 1825, 1834; Nov. 6, 1978, Pub. L. 95600, title III, 301(b)(20)(A), 92 Stat. 2823; Jan. 12, 1983, Pub. L. 97448, title II, 201(j)(2), 96 Stat. 2396; Oct. 17, 1986, Pub. L. 99499, title V, 516(b)(4)(A), 100 Stat. 1771; Oct. 22, 1986, Pub. L. 99514, title VII, 701(d)(1), title XV, 1542(a), 100 Stat. 2341, 2751; Nov. 10, 1988,Pub. L. 100647, title I, 1007(g)(10), 1015 (h), 102 Stat. 3435, 3571, related to installment payments of estimated income tax by corporations.
6155. Payment on notice and demand

(a) General rule Upon receipt of notice and demand from the Secretary, there shall be paid at the place and time stated in such notice the amount of any tax (including any interest, additional amounts, additions to tax, and assessable penalties) stated in such notice and demand. (b) Cross references (1) For restrictions on assessment and collection of deficiency assessments of taxes subject to the jurisdiction of the Tax Court, see sections 6212 and 6213. (2) For provisions relating to assessment of claims allowed in a receivership proceeding, see section 6873. (3) For provisions relating to jeopardy assessments, see subchapter A of chapter 70.
6156. Repealed. Pub. L. 108357, title VIII, 867(b)(1), Oct. 22, 2004, 118 Stat. 1622]
Section, added Pub. L. 8761, title II, 203(c)(1), June 29, 1961, 75 Stat. 125; amended Pub. L. 91258, title II, 206(b), (d)(2), May 21, 1970, 84 Stat. 245, 246; Pub. L. 91605, title III, 303(a)(10), Dec. 31, 1970, 84 Stat. 1744; Pub. L. 94280, title III, 303(a)(10), May 5, 1976, 90 Stat. 456; Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834; Pub. L. 95599, title V, 502(a)(9), Nov. 6, 1978, 92 Stat. 2756; Pub. L. 97248, title II, 280(c)(2)(C)(E), Sept. 3, 1982, 96 Stat. 564; Pub. L. 97 424, title V, 516(a)(6), Jan. 6, 1983,96 Stat. 2183; Pub. L. 10017, title V, 502(d)(2), Apr. 2, 1987, 101 Stat. 257;Pub. L. 101508, title XI, 11211(f)(2), Nov. 5, 1990, 104 Stat. 1388427; Pub. L. 102240, title VIII, 8002(c)(2), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 105178, title IX, 9002(a)(2)(B), June 9, 1998, 112 Stat. 500, related to installment payments of tax on use of highway motor vehicles. A prior section 6156 was renumbered section 6157 of this title, prior to repeal byPub. L. 91 53, 2(a), Aug. 7, 1969, 83 Stat. 91.
6157. Payment of Federal unemployment tax on quarterly or other time period basis
(a) General rule Every person who for the calendar year is an employer (as defined in section3306 (a)) shall (1) if the person is such an employer for the preceding calendar year (determined by only taking into account wages paid and employment during such preceding calendar year), compute the tax imposed by section3301 for each of the first 3 calendar quarters in the calendar year on wages paid for services which respect to which the person is such an employer for such preceding calendar year (as so determined), and (2) if the person is not such an employer for the preceding calendar year with respect to any services (as so determined), compute the tax imposed by section 3301 on wages paid for services with respect to which the person is not such an employer for the preceding calendar year (as so determined) (A) for the period beginning with the first day of the calendar year and ending with the last day of the calendar quarter (excluding the last calendar quarter) in which such person becomes such an employer with respect to such services, and (B) for the third calendar quarter of such year, if the period specified in subparagraph (A) includes only the first two calendar quarters of the calendar year. The tax for any calendar quarter or other period shall be computed as provided in subsection (b) and the tax as so computed shall, except as otherwise provided in subsection (c), be paid in such manner and at such time as may be provided in regulations prescribed by the Secretary. (b) Computation of tax The tax for any calendar quarter or other period referred to in paragraph (1) or (2) of subsection (a) shall be computed by multiplying the amount of wages (as defined in section 3306 (b)) paid in such calendar quarter or other period by 0.6 percent. In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.8 percent in lieu of 0.6 percent. (c) Special rule where accumulated amount does not exceed $100 Nothing in this section shall require the payment of tax with respect to any calendar quarter or other period if the tax under section 3301 for such period, plus any unpaid amounts for prior periods in the calendar year, does not exceed $100.
6158. Repealed. Pub. L. 101508, title XI, 11801(a)(44), Nov. 5, 1990, 104 Stat. 1388 521]
Section, added Pub. L. 94452, 3(a), Oct. 2, 1976, 90 Stat. 1512; amendedPub. L. 94 455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to installment payment
of tax attributable to divestitures pursuant to Bank Holding Company Act Amendments of 1970.
6159. Agreements for payment of tax liability in installments

(a) Authorization of agreements The Secretary is authorized to enter into written agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Secretary determines that such agreement will facilitate full or partial collection of such liability. (b) Extent to which agreements remain in effect (1) In general Except as otherwise provided in this subsection, any agreement entered into by the Secretary under subsection (a) shall remain in effect for the term of the agreement. (2) Inadequate information or jeopardy The Secretary may terminate any agreement entered into by the Secretary under subsection (a) if (A) information which the taxpayer provided to the Secretary prior to the date such agreement was entered into was inaccurate or incomplete, or (B) the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy. (3) Subsequent change in financial conditions If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement. (4) Failure to pay an installment or any other tax liability when due or to provide requested financial information The Secretary may alter, modify, or terminate an agreement entered into by the Secretary under subsection (a) in the case of the failure of the taxpayer (A) to pay any installment at the time such installment payment is due under such agreement, (B) to pay any other tax liability at the time such liability is due, or (C) to provide a financial condition update as requested by the Secretary. (5) Notice requirements The Secretary may not take any action under paragraph (2), (3), or (4) unless (A) a notice of such action is provided to the taxpayer not later than the day 30 days before the date of such action, and (B) such notice includes an explanation why the Secretary intends to take such action. The preceding sentence shall not apply in any case in which the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy. (c) Secretary required to enter into installment agreements in certain cases In the case of a liability for tax of an individual under subtitle A, the Secretary shall enter into an agreement to accept the full payment of such tax in installments if, as of the date the individual offers to enter into the agreement (1) the aggregate amount of such liability (determined without regard to interest, penalties, additions to the tax, and additional amounts) does not exceed $10,000; (2) the taxpayer (and, if such liability relates to a joint return, the taxpayers spouse) has not, during any of the preceding 5 taxable years (A) failed to file any return of tax imposed by subtitle A; (B) failed to pay any tax required to be shown on any such return; or (C) entered into an installment agreement under this section for payment of any tax imposed by subtitle A,
(3) the Secretary determines that the taxpayer is financially unable to pay such liability in full when due (and the taxpayer submits such information as the Secretary may require to make such determination); (4) the agreement requires full payment of such liability within 3 years; and (5) the taxpayer agrees to comply with the provisions of this title for the period such agreement is in effect. (d) Secretary required to review installment agreements for partial collection every two years In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years. (e) Administrative review The Secretary shall establish procedures for an independent administrative review of terminations of installment agreements under this section for taxpayers who request such a review. (f) Cross reference For rights to administrative review and appeal, see section 7122 (e).
Subchapter BExtensions of Time for Payment

6161. Extension of time for paying tax [ 6162. Repealed.]
6163. Extension of time for payment of estate tax on value of reversionary or remainder interest in property 6164. Extension of time for payment of taxes by corporations expecting carrybacks 6165. Bonds where time to pay tax or deficiency has been extended
6166. Extension of time for payment of estate tax where estate consists largely of interest in closely held business [ 6166A. Repealed.]
6167. Extension of time for payment of tax attributable to recovery of foreign expropriation losses
6161. Extension of time for paying tax

(a) Amount determined by taxpayer on return (1) General rule The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return or declaration required under authority of this title (or any installment thereof), for a reasonable period not to exceed 6 months (12 months in the case of estate tax) from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad. (2) Estate tax The Secretary may, for reasonable cause, extend the time for payment of
(A) any part of the amount determined by the executor as the tax imposed by chapter 11, or (B) any part of any installment under section 6166 (including any part of a deficiency prorated to any installment under such section). for a reasonable period not in excess of 10 years from the date prescribed by section 6151 (a) for payment of the tax (or, in the case of an amount referred to in subparagraph (B), if later, not beyond the date which is 12 months after the due date for the last installment). (b) Amount determined as deficiency (1) Income, gift, and certain other taxes Under regulations prescribed by the Secretary, the Secretary may extend the time for the payment of the amount determined as a deficiency of a tax imposed by chapter 1, 12, 41, 42, 43, or 44 for a period not to exceed 18 months from the date fixed for the payment of the deficiency, and in exceptional cases, for a further period not to exceed 12 months. An extension under this paragraph may be granted only where it is shown to the satisfaction of the Secretary that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer in the case of a tax imposed by chapter 1, 41, 42, 43, or 44, or to the donor in the case of a tax imposed by chapter 12. (2) Estate tax Under regulations prescribed by the Secretary, the Secretary may, for reasonable cause, extend the time for the payment of any deficiency of a tax imposed by chapter 11 for a reasonable period not to exceed 4 years from the date otherwise fixed for the payment of the deficiency. (3) No extension for certain deficiencies No extension shall be granted under this subsection for any deficiency if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (c) Claims in cases under title 11 of the United States Code or in receivership proceedings Extensions of time for payment of any portion of a claim for tax under chapter 1 or chapter 12, allowed in cases under title 11 of the United States Code or in receivership proceedings, which is unpaid, may be had in the same manner and subject to the same provisions and limitations as provided in subsection (b) in respect of a deficiency in such tax. (d) Cross references (1) Period of limitation For extension of the period of limitation in case of an extension under subsection (a)(2) or subsection (b)(2), see section 6503 (d). (2) Security For authority of the Secretary to require security in case of an extension under subsection (a) (2) or subsection (b), see section6165. (3) Postponement of certain acts For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
6162. Repealed. Pub. L. 94455, title XIX, 1906(a)(12), Oct. 4, 1976, 90 Stat. 1825]
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 763, provided for an extension of time for payment of tax on gain attributable to liquidation of personal holding companies.
6163. Extension of time for payment of estate tax on value of reversionary or remainder interest in property
(a) Extension permitted If the value of a reversionary or remainder interest in property is included under chapter 11 in the value of the gross estate, the payment of the part of the tax under chapter 11 attributable to such interest may, at the election of the executor, be postponed until 6 months after the termination of the precedent interest or interests in the property, under such regulations as the Secretary may prescribe. (b) Extension for reasonable cause At the expiration of the period of postponement provided for in subsection (a), the Secretary may, for reasonable cause, extend the time for payment for a reasonable period or periods not in excess of 3 years from the expiration of the period of postponement provided in subsection (a). (c) Cross reference For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
6164. Extension of time for payment of taxes by corporations expecting carrybacks

(a) In general If a corporation, in any taxable year, files with the Secretary a statement, as provided in subsection (b), with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by subtitle A for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section. (b) Contents of statement The statement shall be filed at such time and in such manner and form as the Secretary may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172 (b), from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require (1) the estimated amount of the expected net operating loss; (2) the reasons, facts, and circumstances which cause the corporation to expect such net operating loss; (3) the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously determined being ascertained in accordance with the method prescribed in section1314 (a); and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined; (4) the tax and the part thereof the time for payment of which is to be extended; and (5) such other information for purposes of carrying out the provisions of this section as may be required by such regulations. The Secretary shall, upon request, furnish a receipt for any statement filed, which shall set forth the date of such filing. (c) Amount to which extension relates and installment payments The amount the time for payment of which may be extended under subsection (a) with respect to any tax shall not exceed the amount of such tax shown on the return, increased by any amount assessed as a deficiency (or as interest or addition to the tax) prior to the date of filing the statement and decreased by any amount paid or required to be paid prior to the
date of such filing, and the total amount of the tax the time for payment of which may be extended shall not exceed the amount stated under subsection (b)(3). For purposes of this subsection, an amount shall not be considered as required to be paid unless shown on the return or assessed as a deficiency (or as interest or addition to the tax), and an amount assessed as a deficiency (or as interest or addition to the tax) shall be considered to be required to be paid prior to the date of filing of the statement if the 10th day after notice and demand for its payment occurs prior to such date. If an extension of time under this section relates to only a part of the tax, the time for payment of the remainder shall be the date on which payment would have been required if such remainder had been the tax. (d) Period of extension The extension of time for payment provided in this section shall expire (1) on the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for the filing of the return for the taxable year of the expected net operating loss, or (2) if an application for tentative carryback adjustment provided in section6411 with respect to such loss is filed before the expiration of the period prescribed in paragraph (1), on the date on which notice is mailed by certified mail or registered mail by the Secretary to the taxpayer that such application is allowed or disallowed in whole or in part. (e) Revised statements Each statement filed under subsection (a) with respect to any taxable year shall be in lieu of the last statement previously filed with respect to such year. If the amount the time for payment of which is extended under a statement filed is less than the amount under the last statement previously filed, the extension of time shall be terminated as to the difference between the two amounts. (f) Termination The Secretary is not required to make any examination of the statement, but he may make such examination thereof as he deems necessary and practicable. The Secretary shall terminate the extension as to any part of the amount to which it relates which he deems should be terminated because, upon such examination, he believes that, as of the time such examination is made, all or any part of the statement clearly is in a material respect erroneous or unreasonable. (g) Payments on termination If an extension of time is terminated under subsection (e) or (f) with respect to any amount, then (1) no further extension of time shall be made under this section with respect to such amount, and (2) the time for payment of such amount shall be considered to be the date on which payment would have been required if there had been no extension with respect to such amount. (h) Jeopardy If the Secretary believes that collection of the amount to which an extension under this section relates is in jeopardy, he shall immediately terminate such extension, and notice and demand shall be made by him for payment of such amount. (i) Consolidated returns If the corporation seeking an extension of time under this section made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises or for the preceding taxable year affected by such loss, the provisions of such section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.
6165. Bonds where time to pay tax or deficiency has been extended
In the event the Secretary grants any extension of time within which to pay any tax or any deficiency therein, the Secretary may require the taxpayer to furnish a bond in such amount
(not exceeding double the amount with respect to which the extension is granted) conditioned upon the payment of the amount extended in accordance with the terms of such extension.
6166. Extension of time for payment of estate tax where estate consists largely of interest in closely held business
(a) 5-year deferral; 10-year installment payment (1) In general If the value of an interest in a closely held business which is included in determining the gross estate of a decedent who was (at the date of his death) a citizen or resident of the United States exceeds 35 percent of the adjusted gross estate, the executor may elect to pay part or all of the tax imposed by section 2001 in 2 or more (but not exceeding 10) equal installments. (2) Limitation The maximum amount of tax which may be paid in installments under this subsection shall be an amount which bears the same ratio to the tax imposed by section 2001 (reduced by the credits against such tax) as (A) the closely held business amount, bears to (B) the amount of the adjusted gross estate. (3) Date for payment of installments If an election is made under paragraph (1), the first installment shall be paid on or before the date selected by the executor which is not more than 5 years after the date prescribed by section 6151 (a) for payment of the tax, and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment. (b) Definitions and special rules (1) Interest in closely held business For purposes of this section, the term interest in a closely held business means (A) an interest as a proprietor in a trade or business carried on as a proprietorship; (B) an interest as a partner in a partnership carrying on a trade or business, if (i) 20 percent or more of the total capital interest in such partnership is included in determining the gross estate of the decedent, or (ii) such partnership had 45 or fewer partners; or (C) stock in a corporation carrying on a trade or business if (i) 20 percent or more in value of the voting stock of such corporation is included in determining the gross estate of the decedent, or (ii) such corporation had 45 or fewer shareholders. (2) Rules for applying paragraph (1) For purposes of paragraph (1) (A) Time for testing Determinations shall be made as of the time immediately before the decedents death. (B) Certain interests held by husband and wife Stock or a partnership interest which (i) is community property of a husband and wife (or the income from which is community income) under the applicable community property law of a State, or (ii) is held by a husband and wife as joint tenants, tenants by the entirety, or tenants in common, shall be treated as owned by one shareholder or one partner, as the case may be. (C) Indirect ownership Property owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionately by or for its shareholders, partners, or
beneficiaries. For purposes of the preceding sentence, a person shall be treated as a beneficiary of any trust only if such person has a present interest in the trust. (D) Certain interests held by members of decedents family All stock and all partnership interests held by the decedent or by any member of his family (within the meaning of section 267 (c)(4)) shall be treated as owned by the decedent. (3) Farmhouses and certain other structures taken into account For purposes of the 35-percent requirement of subsection (a)(1), an interest in a closely held business which is the business of farming includes an interest in residential buildings and related improvements on the farm which are occupied on a regular basis by the owner or lessee of the farm or by persons employed by such owner or lessee for purposes of operating or maintaining the farm. (4) Value For purposes of this section, value shall be value determined for purposes of chapter 11 (relating to estate tax). (5) Closely held business amount For purposes of this section, the term closely held business amount means the value of the interest in a closely held business which qualifies under subsection (a)(1). (6) Adjusted gross estate For purposes of this section, the term, adjusted gross estate means the value of the gross estate reduced by the sum of the amounts allowable as a deduction under section 2053 or 2054. Such sum shall be determined on the basis of the facts and circumstances in existence on the date (including extensions) for filing the return of tax imposed by section 2001 (or, if earlier, the date on which such return is filed). (7) Partnership interests and stock which is not readily tradable (A) In general If the executor elects the benefits of this paragraph (at such time and in such manner as the Secretary shall by regulations prescribe), then (i) for purposes of paragraph (1)(B)(i) or (1)(C)(i) (whichever is appropriate) and for purposes of subsection (c), any capital interest in a partnership and any non-readily-tradable stock which (after the application of paragraph (2)) is treated as owned by the decedent shall be treated as included in determining the value of the decedents gross estate, (ii) the executor shall be treated as having selected under subsection (a)(3) the date prescribed by section 6151 (a), and (iii) for purposes of applying section 6601 (j), the 2-percent portion (as defined in such section) shall be treated as being zero. (B) Non-readily-tradable stock defined For purposes of this paragraph, the term non-readily-tradable stock means stock for which, at the time of the decedents death, there was no market on a stock exchange or in an overthe-counter market. (8) Stock in holding company treated as business company stock in certain cases (A) In general If the executor elects the benefits of this paragraph, then (i) Holding company stock treated as business company stockFor purposes of this section, the portion of the stock of any holding company which represents direct ownership (or indirect ownership through 1 or more other holding companies) by such company in a business company shall be deemed to be stock in such business company. (ii) 5-year deferral for principal not to apply The executor shall be treated as having selected under subsection (a)(3) the date prescribed by section 6151 (a). (iii) 2-percent interest rate not to apply For purposes of applying section 6601 (j), the 2percent portion (as defined in such section) shall be treated as being zero. (B) All stock must be non-readily-tradable stock (i) In general No stock shall be taken into account for purposes of applying this paragraph unless it is non-readily-tradable stock (within the meaning of paragraph (7)(B)). (ii) Special application where only holding company stock is non-readily-tradable stock If the requirements of clause (i) are not met, but all of the stock of each holding company taken into account is non-readily-tradable, then this paragraph shall apply, but subsection (a)(1) shall be applied by substituting 5 for 10. (C) Application of voting stock requirement of paragraph (1)(C)(i)
For purposes of clause (i) of paragraph (1)(C), the deemed stock resulting from the application of subparagraph (A) shall be treated as voting stock to the extent that voting stock in the holding company owns directly (or through the voting stock of 1 or more other holding companies) voting stock in the business company. (D) Definitions For purposes of this paragraph (i) Holding company The term holding company means any corporation holding stock in another corporation. (ii) Business company The term business company means any corporation carrying on a trade or business. (9) Deferral not available for passive assets (A) In general For purposes of subsection (a)(1) and determining the closely held business amount (but not for purposes of subsection (g)), the value of any interest in a closely held business shall not include the value of that portion of such interest which is attributable to passive assets held by the business. (B) Passive asset defined For purposes of this paragraph (i) In general The term passive asset means any asset other than an asset used in carrying on a trade or business. (ii) Stock treated as passive asset The term passive asset includes any stock in another corporation unless (I) such stock is treated as held by the decedent by reason of an election under paragraph (8), and (II) such stock qualified under subsection (a)(1). (iii) Exception for active corporations If (I) a corporation owns 20 percent or more in value of the voting stock of another corporation, or such other corporation has 45 or fewer shareholders, and (II) 80 percent or more of the value of the assets of each such corporation is attributable to assets used in carrying on a trade or business, then such corporations shall be treated as 1 corporation for purposes of clause (ii). For purposes of applying subclause (II) to the corporation holding the stock of the other corporation, such stock shall not be taken into account. (10) Stock in qualifying lending and finance business treated as stock in an active trade or business company (A) In general If the executor elects the benefits of this paragraph, then (i) Stock in qualifying lending and finance business treated as stock in an active trade or business company For purposes of this section, any asset used in a qualifying lending and finance business shall be treated as an asset which is used in carrying on a trade or business. (ii) 5-year deferral for principal not to apply The executor shall be treated as having selected under subsection (a)(3) the date prescribed by section 6151 (a). (iii) 5 equal installments allowed For purposes of applying subsection (a)(1), 5 shall be substituted for 10. (B) Definitions For purposes of this paragraph (i) Qualifying lending and finance business The term qualifying lending and finance business means a lending and finance business, if (I) based on all the facts and circumstances immediately before the date of the decedents death, there was substantial activity with respect to the lending and finance business, or (II) during at least 3 of the 5 taxable years ending before the date of the decedents death, such business had at least 1 full-time employee substantially all of whose services were the active management of such business, 10 full-time, nonowner employees substantially all of whose services were directly related to such business, and $5,000,000 in gross receipts from activities described in clause (ii). (ii) Lending and finance business The term lending and finance business means a trade or business of (I) making loans,
(II) purchasing or discounting accounts receivable, notes, or installment obligations, (III) engaging in rental and leasing of real and tangible personal property, including entering into leases and purchasing, servicing, and disposing of leases and leased assets, (IV) rendering services or making facilities available in the ordinary course of a lending or finance business, and (V) rendering services or making facilities available in connection with activities described in subclauses (I) through (IV) carried on by the corporation rendering services or making facilities available, or another corporation which is a member of the same affiliated group (as defined in section 1504 without regard to section 1504 (b)(3)). (iii) Limitation The term qualifying lending and finance business shall not include any interest in an entity, if the stock or debt of such entity or a controlled group (as defined in section 267(f)(1)) of which such entity was a member was readily tradable on an established securities market or secondary market (as defined by the Secretary) at any time within 3 years before the date of the decedents death. (c) Special rule for interest in 2 or more closely held businesses For purposes of this section, interest in 2 or more closely held businesses, with respect to each of which there is included in determining the value of the decedents gross estate 20 percent or more of the total value of each such business, shall be treated as an interest in a single closely held business. For purposes of the 20-percent requirement of the preceding sentence, an interest in a closely held business which represents the surviving spouses interest in property held by the decedent and the surviving spouse as community property or as joint tenants, tenants by the entirety, or tenants in common shall be treated as having been included in determining the value of the decedents gross estate. (d) Election Any election under subsection (a) shall be made not later than the time prescribed by section 6075 (a) for filing the return of tax imposed by section2001 (including extensions thereof), and shall be made in such manner as the Secretary shall by regulations prescribe. If an election under subsection (a) is made, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of the tax. (e) Proration of deficiency to installments If an election is made under subsection (a) to pay any part of the tax imposed by section 2001 in installments and a deficiency has been assessed, the deficiency shall (subject to the limitation provided by subsection (a)(2)) be prorated to the installments payable under subsection (a). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (f) Time for payment of interest If the time for payment of any amount of tax has been extended under this section (1) Interest for first 5 years Interest payable under section 6601 of any unpaid portion of such amount attributable to the first 5 years after the date prescribed by section 6151 (a) for payment of the tax shall be paid annually. (2) Interest for periods after first 5 years Interest payable under section 6601 on any unpaid portion of such amount attributable to any period after the 5-year period referred to in paragraph (1) shall be paid annually at the same time as, and as a part of, each installment payment of the tax. (3) Interest in the case of certain deficiencies In the case of a deficiency to which subsection (e) applies which is assessed after the close of the 5-year period referred to in paragraph (1), interest attributable to such 5-year period, and interest assigned under paragraph (2) to any installment the date for payment of which has arrived on or before the date of the assessment of the deficiency, shall be paid upon notice and demand from the Secretary. (4) Selection of shorter period
If the executor has selected a period shorter than 5 years under subsection (a)(3), such shorter period shall be substituted for 5 years in paragraphs (1), (2), and (3) of this subsection. (g) Acceleration of payment (1) Disposition of interest; withdrawal of funds from business (A) If (i) (I) any portion of an interest in a closely held business which qualifies under subsection (a) (1) is distributed, sold, exchanged, or otherwise disposed of, or (II) money and other property attributable to such an interest is withdrawn from such trade or business, and (ii) the aggregate of such distributions, sales, exchanges, or other dispositions and withdrawals equals or exceeds 50 percent of the value of such interest, then the extension of time for payment of tax provided in subsection (a) shall cease to apply, and the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary. (B) In the case of a distribution in redemption of stock to which section 303 (or so much of section 304 as relates to section 303) applies (i) the redemption of such stock, and the withdrawal of money and other property distributed in such redemption, shall not be treated as a distribution or withdrawal for purposes of subparagraph (A), and (ii) for purposes of subparagraph (A), the value of the interest in the closely held business shall be considered to be such value reduced by the value of the stock redeemed. This subparagraph shall apply only if, on or before the date prescribed by subsection (a)(3) for the payment of the first installment which becomes due after the date of the distribution (or, if earlier, on or before the day which is 1 year after the date of the distribution), there is paid an amount of the tax imposed by section 2001 not less than the amount of money and other property distributed. (C) Subparagraph (A)(i) does not apply to an exchange of stock pursuant to a plan of reorganization described in subparagraph (D), (E), or (F) of section 368 (a)(1) nor to an exchange to which section355 (or so much of section 356 as relates to section 355) applies; but any stock received in such an exchange shall be treated for purposes of subparagraph (A) (i) as an interest qualifying under subsection (a)(1). (D) Subparagraph (A)(i) does not apply to a transfer of property of the decedent to a person entitled by reason of the decedents death to receive such property under the decedents will, the applicable law of descent and distribution, or a trust created by the decedent. A similar rule shall apply in the case of a series of subsequent transfers of the property by reason of death so long as each transfer is to a member of the family (within the meaning of section 267(c)(4)) of the transferor in such transfer. (E) Changes in interest in holding company If any stock in a holding company is treated as stock in a business company by reason of subsection (b)(8)(A) (i) any disposition of any interest in such stock in such holding company which was included in determining the gross estate of the decedent, or (ii) any withdrawal of any money or other property from such holding company attributable to any interest included in determining the gross estate of the decedent, shall be treated for purposes of subparagraph (A) as a disposition of (or a withdrawal with respect to) the stock qualifying under subsection (a)(1). (F) Changes in interest in business company If any stock in a holding company is treated as stock in a business company by reason of subsection (b)(8)(A) (i) any disposition of any interest in such stock in the business company by such holding company, or (ii) any withdrawal of any money or other property from such business company attributable to such stock by such holding company owning such stock, shall be treated for purposes of subparagraph (A) as a disposition of (or a withdrawal with respect to) the stock qualifying under subsection (a)(1). (2) Undistributed income of estate
(A) If an election is made under this section and the estate has undistributed net income for any taxable year ending on or after the due date for the first installment, the executor shall, on or before the date prescribed by law for filing the income tax return for such taxable year (including extensions thereof), pay an amount equal to such undistributed net income in liquidation of the unpaid portion of the tax payable in installments. (B) For purposes of subparagraph (A), the undistributed net income of the estate for any taxable year is the amount by which the distributable net income of the estate for such taxable year (as defined in section 643) exceeds the sum of (i) the amounts for such taxable year specified in paragraphs (1) and (2) of section 661 (a) (relating to deductions for distributions, etc.); (ii) the amount of tax imposed for the taxable year on the estate under chapter 1; and (iii) the amount of the tax imposed by section 2001 (including interest) paid by the executor during the taxable year (other than any amount paid pursuant to this paragraph). (C) For purposes of this paragraph, if any stock in a corporation is treated as stock in another corporation by reason of subsection (b)(8)(A), any dividends paid by such other corporation to the corporation shall be treated as paid to the estate of the decedent to the extent attributable to the stock qualifying under subsection (a)(1). (3) Failure to make payment of principal or interest (A) In general Except as provided in subparagraph (B), if any payment of principal or interest under this section is not paid on or before the date fixed for its payment by this section (including any extension of time), the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary. (B) Payment within 6 months If any payment of principal or interest under this section is not paid on or before the date determined under subparagraph (A) but is paid within 6 months of such date (i) the provisions of subparagraph (A) shall not apply with respect to such payment, (ii) the provisions of section 6601 (j) shall not apply with respect to the determination of interest on such payment, and (iii) there is imposed a penalty in an amount equal to the product of (I) 5 percent of the amount of such payment, multiplied by (II) the number of months (or fractions thereof) after such date and before payment is made. The penalty imposed under clause (iii) shall be treated in the same manner as a penalty imposed under subchapter B of chapter 68. (h) Election in case of certain deficiencies (1) In general If (A) a deficiency in the tax imposed by section 2001 is assessed, (B) the estate qualifies under subsection (a)(1), and (C) the executor has not made an election under subsection (a), the executor may elect to pay the deficiency in installments. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (2) Time of election An election under this subsection shall be made not later than 60 days after issuance of notice and demand by the Secretary for the payment of the deficiency, and shall be made in such manner as the Secretary shall by regulations prescribe. (3) Effect of election on payment If an election is made under this subsection, the deficiency shall (subject to the limitation provided by subsection (a)(2)) be prorated to the installments which would have been due if an election had been timely made under subsection (a) at the time the estate tax return was filed. The part of the deficiency so prorated to any installment the date for payment of which would have arrived shall be paid at the time of the making of the election under this subsection. The portion of the deficiency so prorated to installments the date for payment of which would not have so arrived shall be paid at the time such installments would have been due if such an election had been made. (i) Special rule for certain direct skips
To the extent that an interest in a closely held business is the subject of a direct skip (within the meaning of section 2612 (c)) occurring at the same time as and as a result of the decedents death, then for purposes of this section any tax imposed by section 2601 on the transfer of such interest shall be treated as if it were additional tax imposed by section 2001. (j) Regulations The Secretary shall prescribe such regulations as may be necessary to the application of this section. (k) Cross references (1) Security For authority of the Secretary to require security in the case of an extension under this section, see section 6165. (2) Lien For special lien (in lieu of bond) in the case of an extension under this section, see section 6324A. (3) Period of limitation For extension of the period of limitation in the case of an extension under this section, see section 6503 (d). (4) Interest For provisions relating to interest on tax payable in installments under this section, see subsection (j) of section 6601. (5) Transfers within 3 years of death For special rule for qualifying an estate under this section where property has been transferred within 3 years of decedents death, see section 2035 (c)(2).
6166A. Repealed. Pub. L. 9734, title IV, 422(d), Aug. 13, 1981, 95 Stat. 315]
Section, added Pub. L. 85866, title II, 206(a), Sept. 2, 1958, 72 Stat. 1681, 6166; amended Pub. L. 93625, 7(d)(2), (3), Jan. 3, 1975, 88 Stat. 2115; renumbered 6166A and amended Pub. L. 94455, title XIX, 1906(b)(13)(A), title XX, 2004(a), Oct. 4, 1976, 90 Stat. 1834, 1862, provided for an extension of time for payment of estate tax where estate consists largely of interest in closely held business.
6167. Extension of time for payment of tax attributable to recovery of foreign expropriation losses
(a) Extension allowed by election If (1) a corporation has a recovery of a foreign expropriation loss to which section 1351 applies, and (2) the portion of the recovery received in money is less than 25 percent of the amount of such recovery (as defined in section 1351 (c)) and is not greater than the tax attributable to such recovery, the tax attributable to such recovery shall, at the election of the taxpayer, be payable in 10 equal installments on the 15th day of the third month of each of the taxable years following the taxable year of the recovery. Such election shall be made at such time and in such manner as the Secretary may prescribe by regulations. If an election is made under this subsection, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of such tax. (b) Extension permitted by Secretary
If a corporation has a recovery of a foreign expropriation loss to which section1351 applies and if an election is not made under subsection (a), the Secretary may, upon finding that the payment of the tax attributable to such recovery at the time otherwise provided in this subtitle would result in undue hardship, extend the time for payment of such tax for a reasonable period or periods not in excess of 9 years from the date on which such tax is otherwise payable. (c) Acceleration of payments If (1) an election is made under subsection (a), (2) during any taxable year before the tax attributable to such recovery is paid in full (A) any property (other than money) received on such recovery is sold or exchanged, or (B) any property (other than money) received on any sale or exchange described in subparagraph (A) is sold or exchanged, and (3) the amount of money received on such sale or exchange (reduced by the amount of the tax imposed under chapter 1 with respect to such sale or exchange), when added to the amount of money (A) received on such recovery, and (B) received on previous sales or exchanges described in subparagraphs (A) and (B) of paragraph (2) (as so reduced), exceeds the amount of money which may be received under subsection (a)(2), an amount of the tax attributable to such recovery equal to such excess shall be payable on the 15th day of the third month of the taxable year following the taxable year in which such sale or exchange occurs. The amount of such tax so paid shall be treated, for purposes of this section, as a payment of the first unpaid installment or installments (or portion thereof) which become payable under subsection (a) following such taxable year. (d) Proration of deficiency to installments If an election is made under subsection (a), and a deficiency attributable to the recovery of a foreign expropriation loss has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (e) Time for payment of interest If the time for payment for any amount of tax has been extended under this section, interest payable under section 6601 on any unpaid portion of such amount shall be paid annually at the same time as, and as part of, each installment payment of the tax. Interest, on that part of a deficiency prorated under this section to any installment the date for payment of which has not arrived, for the period before the date fixed for the last installment preceding the assessment of the deficiency, shall be paid upon notice and demand from the Secretary. (f) Tax attributable to recovery of foreign expropriation loss For purposes of this section, the tax attributable to a recovery of a foreign expropriation loss is the sum of (1) the additional tax imposed by section 1351 (d)(1) on such recovery, and (2) the amount by which the tax imposed under subtitle A is increased by reason of the gain on such recovery which under section 1351 (e) is considered as gain on the involuntary conversion of property. (g) Failure to pay installment If any installment under this section is not paid on or before the date fixed for its payment by this section (including any extension of time for the payment of such installment), the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary. (h) Cross-references (1) Security. For authority of the Secretary to require security in the case of an extension under this section, see section 6165. (2) Period of limitation. For extension of the period of limitation in the case of an extension under this section, see section 6503 (e).
CHAPTER 63ASSESSMENT
Subchapter AIn General ( 62016207)
Subchapter BDeficiency Procedures in the Case of Income, Estate, Gift, and Certain Excise Taxes ( 62116216) Subchapter CTax Treatment of Partnership Items ( 62216234) Subchapter DTreatment of Electing Large Partnerships ( 62406255)
Subchapter AIn General

6201. Assessment authority 6202. Establishment by regulations of mode or time of assessment 6203. Method of assessment 6204. Supplemental assessments 6205. Special rules applicable to certain employment taxes 6206. Special rules applicable to excessive claims under certain sections 6207. Cross references
6201. Assessment authority

(a) Authority of Secretary The Secretary is authorized and required to make the inquiries, determinations, and assessments of all taxes (including interest, additional amounts, additions to the tax, and assessable penalties) imposed by this title, or accruing under any former internal revenue law, which have not been duly paid by stamp at the time and in the manner provided by law. Such authority shall extend to and include the following: (1) Taxes shown on return The Secretary shall assess all taxes determined by the taxpayer or by the Secretary as to which returns or lists are made under this title. (2) Unpaid taxes payable by stamp (A) Omitted stamps Whenever any article upon which a tax is required to be paid by means of a stamp is sold or removed for sale or use by the manufacturer thereof or whenever any transaction or act upon which a tax is required to be paid by means of a stamp occurs without the use of the proper stamp, it shall be the duty of the Secretary, upon such information as he can obtain, to
estimate the amount of tax which has been omitted to be paid and to make assessment therefor upon the person or persons the Secretary determines to be liable for such tax. (B) Check or money order not duly paid In any case in which a check or money order received under authority of section 6311 as payment for stamps is not duly paid, the unpaid amount may be immediately assessed as if it were a tax imposed by this title, due at the time of such receipt, from the person who tendered such check or money order. (3) Erroneous income tax prepayment credits If on any return or claim for refund of income taxes under subtitle A there is an overstatement of the credit for income tax withheld at the source, or of the amount paid as estimated income tax, the amount so overstated which is allowed against the tax shown on the return or which is allowed as a credit or refund may be assessed by the Secretary in the same manner as in the case of a mathematical or clerical error appearing upon the return, except that the provisions of section 6213 (b)(2) (relating to abatement of mathematical or clerical error assessments) shall not apply with regard to any assessment under this paragraph. (b) Amount not to be assessed (1) Estimated income tax No unpaid amount of estimated income tax required to be paid under section 6654 or 6655 shall be assessed. (2) Federal unemployment tax No unpaid amount of Federal unemployment tax for any calendar quarter or other period of a calendar year, computed as provided in section 6157, shall be assessed. (c) Compensation of child Any income tax under chapter 1 assessed against a child, to the extent attributable to amounts includible in the gross income of the child, and not of the parent, solely by reason of section 73 (a), shall, if not paid by the child, for all purposes be considered as having also been properly assessed against the parent. (d) Required reasonable verification of information returns In any court proceeding, if a taxpayer asserts a reasonable dispute with respect to any item of income reported on an information return filed with the Secretary under subpart B or C of part III of subchapter A of chapter 61 by a third party and the taxpayer has fully cooperated with the Secretary (including providing, within a reasonable period of time, access to and inspection of all witnesses, information, and documents within the control of the taxpayer as reasonably requested by the Secretary), the Secretary shall have the burden of producing reasonable and probative information concerning such deficiency in addition to such information return. (e) Deficiency proceedings For special rules applicable to deficiencies of income, estate, gift, and certain excise taxes, see subchapter B.
6202. Establishment by regulations of mode or time of assessment

If the mode or time for the assessment of any internal revenue tax (including interest, additional amounts, additions to the tax, and assessable penalties) is not otherwise provided for, the Secretary may establish the same by regulations.
6203. Method of assessment

The assessment shall be made by recording the liability of the taxpayer in the office of the Secretary in accordance with rules or regulations prescribed by the Secretary. Upon request
of the taxpayer, the Secretary shall furnish the taxpayer a copy of the record of the assessment.
6204. Supplemental assessments

(a) General rule The Secretary may, at any time within the period prescribed for assessment, make a supplemental assessment whenever it is ascertained that any assessment is imperfect or incomplete in any material respect. (b) Restrictions on assessment For restrictions on assessment of deficiencies in income, estate, gift, and certain excise taxes, see section 6213.
6205. Special rules applicable to certain employment taxes

(a) Adjustment of tax (1) General rule If less than the correct amount of tax imposed by section 3101, 3111,3201, 3221, or 3402 is paid with respect to any payment of wages or compensation, proper adjustments, with respect to both the tax and the amount to be deducted, shall be made, without interest, in such manner and at such times as the Secretary may by regulations prescribe. (2) United States as employer For purposes of this subsection, in the case of remuneration received from the United States or a wholly-owned instrumentality thereof during any calendar year, each head of a Federal agency or instrumentality who makes a return pursuant to section 3122 and each agent, designated by the head of a Federal agency or instrumentality, who makes a return pursuant to such section shall be deemed a separate employer. (3) Guam or American Samoa as employer For purposes of this subsection, in the case of remuneration received during any calendar year from the Government of Guam, the Government of American Samoa, a political subdivision of either, or any instrumentality of any one or more of the foregoing which is wholly owned thereby, the Governor of Guam, the Governor of American Samoa, and each agent designated by either who makes a return pursuant to section 3125 shall be deemed a separate employer. (4) District of Columbia as employer For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Mayor of the District of Columbia and each agent designated by him who makes a return pursuant to section 3125 shall be deemed a separate employer. (5) States and political subdivisions as employer For purposes of this subsection, in the case of remuneration received from a State or any political subdivision thereof (or any instrumentality of any one or more of the foregoing which is wholly owned thereby) during any calendar year, each head of an agency or instrumentality, and each agent designated by either, who makes a return pursuant to section3125 shall be deemed a separate employer. (b) Underpayments If less than the correct amount of tax imposed by section 3101, 3111, 3201,3221, or 3402 is paid or deducted with respect to any payment of wages or compensation and the underpayment cannot be adjusted under subsection (a) of this section, the amount of the underpayment shall be assessed and collected in such manner and at such times (subject to the statute of limitations properly applicable thereto) as the Secretary may by regulations prescribe.
6206. Special rules applicable to excessive claims under certain sections

Any portion of a refund made under section 6416 (a)(4) and any portion of a payment made under section 6420, 6421, or 6427 which constitutes an excessive amount (as defined in section 6675 (b)), and any civil penalty provided by section6675, may be assessed and collected as if it were a tax imposed by section 4081(with respect to refunds under section 6416 (a)(4) and payments under sections6420 and 6421), or 4041 or 4081 (with respect to payments under section 6427) and as if the person who made the claim were liable for such tax. The period for assessing any such portion, and for assessing any such penalty, shall be 3 years from the last day prescribed for the filing of the claim under section 6416 (a)(4),6420, 6421, or 6427, as the case may be.

(1) For prohibition of suits to restrain assessment of any tax, see section7421. (2) For prohibition of assessment of taxes against insolvent banks, see section 7507. (3) For assessment where property subject to tax has been sold in a distraint proceeding without the tax having been assessed prior to such sale, see section 6342. (4) For assessment with respect to taxes required to be paid by chapter 52, see section 5703. (5) For assessment in case of distilled spirits removed from place where distilled and not deposited in bonded warehouse, see section 5006 (c). (6) For period of limitation upon assessment, see chapter 66.
Subchapter BDeficiency Procedures in the Case of Income, Estate, Gift, and Certain Excise Taxes
6211. Definition of a deficiency 6212. Notice of deficiency 6213. Restrictions applicable to deficiencies; petition to Tax Court 6214. Determinations by Tax Court 6215. Assessment of deficiency found by Tax Court 6216. Cross references
6211. Definition of a deficiency

(a) In general
For purposes of this title in the case of income, estate, and gift taxes imposed by subtitles A and B and excise taxes imposed by chapters 41, 42, 43, and 44 the term deficiency means the amount by which the tax imposed by subtitle A or B, or chapter 41, 42, 43, or 44 exceeds the excess of (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, if a return was made by the taxpayer and an amount was shown as the tax by the taxpayer thereon, plus (B) the amounts previously assessed (or collected without assessment) as a deficiency, over (2) the amount of rebates, as defined in subsection (b)(2), made. (b) Rules for application of subsection (a) For purposes of this section (1) The tax imposed by subtitle A and the tax shown on the return shall both be determined without regard to payments on account of estimated tax, without regard to the credit under section 31, without regard to the credit under section 33, and without regard to any credits resulting from the collection of amounts assessed under section 6851 or 6852 (relating to termination assessments). (2) The term rebate means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed by subtitle A or B or chapter 41, 42, 43, or 44 was less than the excess of the amount specified in subsection (a)(1) over the rebates previously made. (3) The computation by the Secretary, pursuant to section 6014, of the tax imposed by chapter 1 shall be considered as having been made by the taxpayer and the tax so computed considered as shown by the taxpayer upon his return. (4) For purposes of subsection (a) (A) any excess of the sum of the credits allowable under sections 24(d), 25A by reason of subsection (i)(6) thereof, 32, 34, 35, 36, 36A, 53(e), 168(k)(4), 6428, and 6431 over the tax imposed by subtitle A (determined without regard to such credits), and (B) any excess of the sum of such credits as shown by the taxpayer on his return over the amount shown as the tax by the taxpayer on such return (determined without regard to such credits), shall be taken into account as negative amounts of tax. (c) Coordination with subchapters C and D In determining the amount of any deficiency for purposes of this subchapter, adjustments to partnership items shall be made only as provided in subchapters C and D.
6212. Notice of deficiency

(a) In general If the Secretary determines that there is a deficiency in respect of any tax imposed by subtitles A or B or chapter 41, 42, 43, or 44 he is authorized to send notice of such deficiency to the taxpayer by certified mail or registered mail. Such notice shall include a notice to the taxpayer of the taxpayers right to contact a local office of the taxpayer advocate and the location and phone number of the appropriate office. (b) Address for notice of deficiency (1) Income and gift taxes and certain excise taxes In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by subtitle A, chapter 12, chapter 41, chapter 42, chapter 43, or chapter 44 if mailed to the taxpayer at his last known address, shall be sufficient for purposes of subtitle A, chapter 12, chapter 41, chapter 42, chapter 43, chapter 44, and this chapter even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence. (2) Joint income tax return In the case of a joint income tax return filed by husband and wife, such notice of deficiency may be a single joint notice, except that if the Secretary has been notified by either spouse that separate residences have been established, then, in lieu of the single joint notice, a
duplicate original of the joint notice shall be sent by certified mail or registered mail to each spouse at his last known address. (3) Estate tax In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by chapter 11, if addressed in the name of the decedent or other person subject to liability and mailed to his last known address, shall be sufficient for purposes of chapter 11 and of this chapter. (c) Further deficiency letters restricted (1) General rule If the Secretary has mailed to the taxpayer a notice of deficiency as provided in subsection (a), and the taxpayer files a petition with the Tax Court within the time prescribed in section 6213 (a), the Secretary shall have no right to determine any additional deficiency of income tax for the same taxable year, of gift tax for the same calendar year, of estate tax in respect of the taxable estate of the same decedent, of chapter 41 tax for the same taxable year, of chapter 43 tax for the same taxable year, of chapter 44 tax for the same taxable year, of section 4940 tax for the same taxable year, or of chapter 42 tax, (other than under section 4940) with respect to any act (or failure to act) to which such petition relates, except in the case of fraud, and except as provided in section 6214 (a)(relating to assertion of greater deficiencies before the Tax Court), in section 6213 (b)(1) (relating to mathematical or clerical errors), in section6851 or 6852 (relating to termination assessments), or in section 6861(c) (relating to the making of jeopardy assessments). (2) Cross references For assessment as a deficiency notwithstanding the prohibition of further deficiency letters, in the case of (A) Deficiency attributable to change of treatment with respect to itemized deductions, see section 63 (e)(3). (B) Deficiency attributable to gain on involuntary conversion, see section 1033 (a)(2)(C) and (D). (C) Deficiency attributable to activities not engaged in for profit, see section 183 (e)(4). For provisions allowing determination of tax in title 11 cases, see section 505 (a) of title 11 of the United States Code. (d) Authority to rescind notice of deficiency with taxpayers consent The Secretary may, with the consent of the taxpayer, rescind any notice of deficiency mailed to the taxpayer. Any notice so rescinded shall not be treated as a notice of deficiency for purposes of subsection (c)(1) (relating to further deficiency letters restricted), section 6213 (a) (relating to restrictions applicable to deficiencies; petition to Tax Court), and section 6512 (a)(relating to limitations in case of petition to Tax Court), and the taxpayer shall have no right to file a petition with the Tax Court based on such notice. Nothing in this subsection shall affect any suspension of the running of any period of limitations during any period during which the rescinded notice was outstanding.
6213. Restrictions applicable to deficiencies; petition to Tax Court

(a) Time for filing petition and restriction on assessment Within 90 days, or 150 days if the notice is addressed to a person outside the United States, after the notice of deficiency authorized in section 6212 is mailed (not counting Saturday, Sunday, or a legal holiday in the District of Columbia as the last day), the taxpayer may file a petition with the Tax Court for a redetermination of the deficiency. Except as otherwise provided in section 6851, 6852, or 6861 no assessment of a deficiency in respect of any tax imposed by subtitle A, or B, chapter 41, 42, 43, or 44 and no levy or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90-day or 150-day period, as the case may be, nor, if a petition has been filed with the Tax Court, until the decision of the Tax Court has become final. Notwithstanding the provisions of section 7421 (a), the making of such assessment or
the beginning of such proceeding or levy during the time such prohibition is in force may be enjoined by a proceeding in the proper court, including the Tax Court, and a refund may be ordered by such court of any amount collected within the period during which the Secretary is prohibited from collecting by levy or through a proceeding in court under the provisions of this subsection. The Tax Court shall have no jurisdiction to enjoin any action or proceeding or order any refund under this subsection unless a timely petition for a redetermination of the deficiency has been filed and then only in respect of the deficiency that is the subject of such petition. Any petition filed with the Tax Court on or before the last date specified for filing such petition by the Secretary in the notice of deficiency shall be treated as timely filed. (b) Exceptions to restrictions on assessment (1) Assessments arising out of mathematical or clerical errors If the taxpayer is notified that, on account of a mathematical or clerical error appearing on the return, an amount of tax in excess of that shown on the return is due, and that an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical or clerical error, such notice shall not be considered as a notice of deficiency for the purposes of subsection (a) (prohibiting assessment and collection until notice of the deficiency has been mailed), or of section 6212 (c)(1) (restricting further deficiency letters), or of section 6512 (a) (prohibiting credits or refunds after petition to the Tax Court), and the taxpayer shall have no right to file a petition with the Tax Court based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section. Each notice under this paragraph shall set forth the error alleged and an explanation thereof. (2) Abatement of assessment of mathematical or clerical errors (A) Request for abatement Notwithstanding section 6404 (b), a taxpayer may file with the Secretary within 60 days after notice is sent under paragraph (1) a request for an abatement of any assessment specified in such notice, and upon receipt of such request, the Secretary shall abate the assessment. Any reassessment of the tax with respect to which an abatement is made under this subparagraph shall be subject to the deficiency procedures prescribed by this subchapter. (B) Stay of collection In the case of any assessment referred to in paragraph (1), notwithstanding paragraph (1), no levy or proceeding in court for the collection of such assessment shall be made, begun, or prosecuted during the period in which such assessment may be abated under this paragraph. (3) Assessments arising out of tentative carryback or refund adjustments If the Secretary determines that the amount applied, credited, or refunded under section 6411 is in excess of the overassessment attributable to the carryback or the amount described in section 1341 (b)(1) with respect to which such amount was applied, credited, or refunded, he may assess without regard to the provisions of paragraph (2) the amount of the excess as a deficiency as if it were due to a mathematical or clerical error appearing on the return. (4) Assessment of amount paid Any amount paid as a tax or in respect of a tax may be assessed upon the receipt of such payment notwithstanding the provisions of subsection (a). In any case where such amount is paid after the mailing of a notice of deficiency under section 6212, such payment shall not deprive the Tax Court of jurisdiction over such deficiency determined under section 6211without regard to such assessment. (c) Failure to file petition If the taxpayer does not file a petition with the Tax Court within the time prescribed in subsection (a), the deficiency, notice of which has been mailed to the taxpayer, shall be assessed, and shall be paid upon notice and demand from the Secretary. (d) Waiver of restrictions The taxpayer shall at any time (whether or not a notice of deficiency has been issued) have the right, by a signed notice in writing filed with the Secretary, to waive the restrictions provided in subsection (a) on the assessment and collection of the whole or any part of the deficiency. (e) Suspension of filing period for certain excise taxes The running of the time prescribed by subsection (a) for filing a petition in the Tax Court with respect to the taxes imposed by section 4941 (relating to taxes on self-dealing), 4942
(relating to taxes on failure to distribute income), 4943 (relating to taxes on excess business holdings), 4944 (relating to investments which jeopardize charitable purpose), 4945 (relating to taxes on taxable expenditures), 4951 (relating to taxes on self-dealing), or 4952 (relating to taxes on taxable expenditures), 4955 (relating to taxes on political expenditures), 4958 (relating to private excess benefit), 4971 (relating to excise taxes on failure to meet minimum funding standard), 4975 (relating to excise taxes on prohibited transactions) shall be suspended for any period during which the Secretary has extended the time allowed for making correction under section 4963 (e). (f) Coordination with title 11 (1) Suspension of running of period for filing petition in title 11 cases In any case under title 11 of the United States Code, the running of the time prescribed by subsection (a) for filing a petition in the Tax Court with respect to any deficiency shall be suspended for the period during which the debtor is prohibited by reason of such case from filing a petition in the Tax Court with respect to such deficiency, and for 60 days thereafter. (2) Certain action not taken into account For purposes of the second and third sentences of subsection (a), the filing of a proof of claim or request for payment (or the taking of any other action) in a case under title 11 of the United States Code shall not be treated as action prohibited by such second sentence. (g) Definitions For purposes of this section (1) Return The term return includes any return, statement, schedule, or list, and any amendment or supplement thereto, filed with respect to any tax imposed by subtitle A or B, or chapter 41, 42, 43, or 44. (2) Mathematical or clerical error The term mathematical or clerical error means (A) an error in addition, subtraction, multiplication, or division shown on any return, (B) an incorrect use of any table provided by the Internal Revenue Service with respect to any return if such incorrect use is apparent from the existence of other information on the return, (C) an entry on a return of an item which is inconsistent with another entry of the same or another item on such return, (D) an omission of information which is required to be supplied on the return to substantiate an entry on the return, (E) an entry on a return of a deduction or credit in an amount which exceeds a statutory limit imposed by subtitle A or B, or chapter 41, 42, 43, or 44, if such limit is expressed (i) as a specified monetary amount, or (ii) as a percentage, ratio, or fraction, and if the items entering into the application of such limit appear on such return, (F) an omission of a correct taxpayer identification number required under section 32 (relating to the earned income credit) to be included on a return, (G) an entry on a return claiming the credit under section 32 with respect to net earnings from self-employment described in section 32(c)(2)(A) to the extent the tax imposed by section 1401 (relating to self-employment tax) on such net earnings has not been paid, (H) an omission of a correct TIN required under section 21 (relating to expenses for household and dependent care services necessary for gainful employment) or section 151 (relating to allowance of deductions for personal exemptions), (I) an omission of a correct TIN required under section 24 (e)(relating to child tax credit) to be included on a return, (J) an omission of a correct TIN required under section 25A (g)(1)(relating to higher education tuition and related expenses) to be included on a return, (K) an omission of information required by section 32 (k)(2) (relating to taxpayers making improper prior claims of earned income credit), (L) the inclusion on a return of a TIN required to be included on the return under section 21, 24, 32, or 6428 if (i) such TIN is of an individual whose age affects the amount of the credit under such section, and
(ii) the computation of the credit on the return reflects the treatment of such individual as being of an age different from the individuals age based on such TIN, (M) the entry on the return claiming the credit under section 32 with respect to a child if, according to the Federal Case Registry of Child Support Orders established under section 453(h) of the Social Security Act, the taxpayer is a noncustodial parent of such child, (N) an omission of the reduction required under section 36A (c) with respect to the credit allowed under section 36A or an omission of the correct social security account number required under section 36A (d)(1)(B), (O) an omission of any increase required under section 36 (f) with respect to the recapture of a credit allowed under section 36, and (P) an entry on a return claiming the credit under section 36 if (i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36 (b)(4), (ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or (iii) the taxpayer fails to attach to the return the form described in section 36 (d)(4). A taxpayer shall be treated as having omitted a correct TIN for purposes of the preceding sentence if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary obtains from the person issuing the TIN. (h) Cross references (1) For assessment as if a mathematical error on the return, in the case of erroneous claims for income tax prepayment credits, see section 6201(a)(3). (2) For assessments without regard to restrictions imposed by this section in the case of (A) Recovery of foreign income taxes, see section 905 (c). (B) Recovery of foreign estate tax, see section 2016. (3) For provisions relating to application of this subchapter in the case of certain partnership items, etc., see section 6230 (a).
6214. Determinations by Tax Court

(a) Jurisdiction as to increase of deficiency, additional amounts, or additions to the tax Except as provided by section 7463, the Tax Court shall have jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount of the deficiency, notice of which has been mailed to the taxpayer, and to determine whether any additional amount, or any addition to the tax should be assessed, if claim therefor is asserted by the Secretary at or before the hearing or a rehearing. (b) Jurisdiction over other years and quarters The Tax Court in redetermining a deficiency of income tax for any taxable year or of gift tax for any calendar year or calendar quarter shall consider such facts with relation to the taxes for other years or calendar quarters as may be necessary correctly to redetermine the amount of such deficiency, but in so doing shall have no jurisdiction to determine whether or not the tax for any other year or calendar quarter has been overpaid or underpaid. Notwithstanding the preceding sentence, the Tax Court may apply the doctrine of equitable recoupment to the same extent that it is available in civil tax cases before the district courts of the United States and the United States Court of Federal Claims. (c) Taxes imposed by section 507 or chapter 41section 507 or chapter 41, 42, 43, or 44 The Tax Court, in redetermining a deficiency of any tax imposed by section507 or chapter 41section 507 or chapter 41, 42, 43, or 44 for any period, act, or failure to act, shall consider such facts with relation to the taxes under chapter 41, 42, 43, or 44 for other periods, acts, or failures to act as may be necessary correctly to redetermine the amount of such deficiency, but in so doing shall have no jurisdiction to determine whether or not the taxes under chapter 41, 42, 43, or 44 for any other period, act, or failure to act have been overpaid or underpaid. The Tax Court, in redetermining a deficiency of any second tier tax (as defined
in section 4963 (b)), shall make a determination with respect to whether the taxable event has been corrected. (d) Final decisions of Tax Court For purposes of this chapter, chapter 41, 42, 43, or 44, and subtitles A or B the date on which a decision of the Tax Court becomes final shall be determined according to the provisions of section 7481. (e) Cross reference For provision giving Tax Court jurisdiction to order a refund of an overpayment and to award sanctions, see section 6512 (b)(2).
6215. Assessment of deficiency found by Tax Court

(a) General rule If the taxpayer files a petition with the Tax Court, the entire amount redetermined as the deficiency by the decision of the Tax Court which has become final shall be assessed and shall be paid upon notice and demand from the Secretary. No part of the amount determined as a deficiency by the Secretary but disallowed as such by the decision of the Tax Court which has become final shall be assessed or be collected by levy or by proceeding in court with or without assessment. (b) Cross references (1) For assessment or collection of the amount of the deficiency determined by the Tax Court pending appellate court review, see section7485. (2) For dismissal of petition by Tax Court as affirmation of deficiency as determined by the Secretary, see section 7459 (d). (3) For decision of Tax Court that tax is barred by limitation as its decision that there is no deficiency, see section 7459 (e). (4) For assessment of damages awarded by Tax Court for instituting proceedings merely for delay, see section 6673. (5) For treatment of certain deficiencies as having been paid, in connection with sale of surplus war-built vessels, see section 9(b)(8) of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1742). (6) For rules applicable to Tax Court proceedings, see generally subchapter C of chapter 76. (7) For extension of time for paying amount determined as deficiency, see section 6161 (b).

(1) (2) (3) (4)
For For For For
procedures relating to receivership proceedings, see subchapter B of chapter 70. procedures relating to jeopardy assessments, see subchapter A of chapter 70. procedures relating to claims against transferees and fiduciaries, see chapter 71. procedure relating to partnership items, see subchapter C.
Subchapter CTax Treatment of Partnership Items

6221. Tax treatment determined at partnership level
6222. Partners return must be consistent with partnership return or Secretary notified of inconsistency

6223. Notice to partners of proceedings 6224. Participation in administrative proceedings; waivers; agreements
6225. Assessments made only after partnership level proceedings are completed 6226. Judicial review of final partnership administrative adjustments 6227. Administrative adjustment requests
6228. Judicial review where administrative adjustment request is not allowed in full 6229. Period of limitations for making assessments 6230. Additional administrative provisions 6231. Definitions and special rules [ 6232. Repealed.] 6233. Extension to entities filing partnership returns, etc.
6234. Declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return
6221. Tax treatment determined at partnership level

Except as otherwise provided in this subchapter, the tax treatment of any partnership item (and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item) shall be determined at the partnership level.
6222. Partners return must be consistent with partnership return or Secretary notified of inconsistency
(a) In general A partner shall, on the partners return, treat a partnership item in a manner which is consistent with the treatment of such partnership item on the partnership return. (b) Notification of inconsistent treatment (1) In general In the case of any partnership item, if (A) (i) the partnership has filed a return but the partners treatment on his return is (or may be) inconsistent with the treatment of the item on the partnership return, or (ii) the partnership has not filed a return, and (B) the partner files with the Secretary a statement identifying the inconsistency,
subsection (a) shall not apply to such item. (2) Partner receiving incorrect information A partner shall be treated as having complied with subparagraph (B) of paragraph (1) with respect to a partnership item if the partner (A) demonstrates to the satisfaction of the Secretary that the treatment of the partnership item on the partners return is consistent with the treatment of the item on the schedule furnished to the partner by the partnership, and (B) elects to have this paragraph apply with respect to that item. (c) Effect of failure to notify In any case (1) described in paragraph (1)(A)(i) of subsection (b), and (2) in which the partner does not comply with paragraph (1)(B) of subsection (b), section 6225 shall not apply to any part of a deficiency attributable to any computational adjustment required to make the treatment of the items by such partner consistent with the treatment of the items on the partnership return. (d) Addition to tax for failure to comply with section For addition to tax in the case of a partners disregard of requirements of this section, see part II of subchapter A of chapter 68.
6223. Notice to partners of proceedings

(a) Secretary must give partners notice of beginning and completion of administrative proceedings The Secretary shall mail to each partner whose name and address is furnished to the Secretary notice of (1) the beginning of an administrative proceeding at the partnership level with respect to a partnership item, and (2) the final partnership administrative adjustment resulting from any such proceeding. A partner shall not be entitled to any notice under this subsection unless the Secretary has received (at least 30 days before it is mailed to the tax matters partner) sufficient information to enable the Secretary to determine that such partner is entitled to such notice and to provide such notice to such partner. (b) Special rules for partnership with more than 100 partners (1) Partner with less than 1 percent interest Except as provided in paragraph (2), subsection (a) shall not apply to a partner if (A) the partnership has more than 100 partners, and (B) the partner has a less than 1 percent interest in the profits of the partnership. (2) Secretary must give notice to notice group If a group of partners in the aggregate having a 5 percent or more interest in the profits of a partnership so request and designate one of their members to receive the notice, the member so designated shall be treated as a partner to whom subsection (a) applies. (c) Information base for Secretarys notices, etc. For purposes of this subchapter (1) Information on partnership return Except as provided in paragraphs (2) and (3), the Secretary shall use the names, addresses, and profits interests shown on the partnership return. (2) Use of additional information The Secretary shall use additional information furnished to him by the tax matters partner or any other person in accordance with regulations prescribed by the Secretary. (3) Special rule with respect to indirect partners If any information furnished to the Secretary under paragraph (1) or (2) (A) shows that a person has a profits interest in the partnership by reason of ownership of an interest through 1 or more pass-thru partners, and (B) contains the name, address, and profits interest of such person,
then the Secretary shall use the name, address, and profits interest of such person with respect to such partnership interest (in lieu of the names, addresses, and profits interests of the pass-thru partners). (d) Period for mailing notice (1) Notice of beginning of proceedings The Secretary shall mail the notice specified in paragraph (1) of subsection (a) to each partner entitled to such notice not later than the 120th day before the day on which the notice specified in paragraph (2) of subsection (a) is mailed to the tax matters partner. (2) Notice of final partnership administrative adjustment The Secretary shall mail the notice specified in paragraph (2) of subsection (a) to each partner entitled to such notice not later than the 60th day after the day on which the notice specified in such paragraph (2) was mailed to the tax matters partner. (e) Effect of Secretarys failure to provide notice (1) Application of subsection (A) In general This subsection applies where the Secretary has failed to mail any notice specified in subsection (a) to a partner entitled to such notice within the period specified in subsection (d). (B) Special rules for partnerships with more than 100 partners For purposes of subparagraph (A), any partner described in paragraph (1) of subsection (b) shall be treated as entitled to notice specified in subsection (a). The Secretary may provide such notice (i) except as provided in clause (ii), by mailing notice to the tax matters partner, or (ii) in the case of a member of a notice group which qualified under paragraph (2) of subsection (b), by mailing notice to the partner designated for such purpose by the group. (2) Proceedings finished In any case to which this subsection applies, if at the time the Secretary mails the partner notice of the proceeding (A) the period within which a petition for review of a final partnership administrative adjustment under section 6226 may be filed has expired and no such petition has been filed, or (B) the decision of a court in an action begun by such a petition has become final, the partner may elect to have such adjustment, such decision, or a settlement agreement described in paragraph (2) of section 6224 (c) with respect to the partnership taxable year to which the adjustment relates apply to such partner. If the partner does not make an election under the preceding sentence, the partnership items of the partner for the partnership taxable year to which the proceeding relates shall be treated as nonpartnership items. (3) Proceedings still going on In any case to which this subsection applies, if paragraph (2) does not apply, the partner shall be a party to the proceeding unless such partner elects (A) to have a settlement agreement described in paragraph (2) of section 6224 (c) with respect to the partnership taxable year to which the proceeding relates apply to the partner, or (B) to have the partnership items of the partner for the partnership taxable year to which the proceeding relates treated as nonpartnership items. (f) Only one notice of final partnership administrative adjustment If the Secretary mails a notice of final partnership administrative adjustment for a partnership taxable year with respect to a partner, the Secretary may not mail another such notice to such partner with respect to the same taxable year of the same partnership in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact. (g) Tax matters partner must keep partners informed of proceedings To the extent and in the manner provided by regulations, the tax matters partner of a partnership shall keep each partner informed of all administrative and judicial proceedings for the adjustment at the partnership level of partnership items. (h) Pass-thru partner required to forward notice (1) In general If a pass-thru partner receives a notice with respect to a partnership proceeding from the Secretary, the tax matters partner, or another pass-thru partner, the pass-thru partner shall,
within 30 days of receiving that notice, forward a copy of that notice to the person or persons holding an interest (through the pass-thru partner) in the profits or losses of the partnership for the partnership taxable year to which the notice relates. (2) Partnership as pass-thru partner In the case of a pass-thru partner which is a partnership, the tax matters partner of such partnership shall be responsible for forwarding copies of the notice to the partners of such partnership.
6224. Participation in administrative proceedings; waivers; agreements

(a) Participation in administrative proceedings Any partner has the right to participate in any administrative proceeding relating to the determination of partnership items at the partnership level. (b) Partner may waive rights (1) In general A partner may at any time waive (A) any right such partner has under this subchapter, and (B) any restriction under this subchapter on action by the Secretary. (2) Form Any waiver under paragraph (1) shall be made by a signed notice in writing filed with the Secretary. (c) Settlement agreement In the absence of a showing of fraud, malfeasance, or misrepresentation of fact (1) Binds all parties A settlement agreement between the Secretary or the Attorney General (or his delegate) and 1 or more partners in a partnership with respect to the determination of partnership items for any partnership taxable year shall (except as otherwise provided in such agreement) be binding on all parties to such agreement with respect to the determination of partnership items for such partnership taxable year. An indirect partner is bound by any such agreement entered into by the pass-thru partner unless the indirect partner has been identified as provided in section6223 (c)(3). (2) Other partners have right to enter into consistent agreements If the Secretary or the Attorney General (or his delegate) enters into a settlement agreement with any partner with respect to partnership items for any partnership taxable year, the Secretary or the Attorney General (or his delegate) shall offer to any other partner who so requests settlement terms for the partnership taxable year which are consistent with those contained in such settlement agreement. Except in the case of an election under paragraph (2) or (3) of section 6223 (e) to have a settlement agreement described in this paragraph apply, this paragraph shall apply with respect to a settlement agreement entered into with a partner before notice of a final partnership administrative adjustment is mailed to the tax matters partner only if such other partner makes the request before the expiration of 150 days after the day on which such notice is mailed to the tax matters partner. (3) Tax matters partner may bind certain other partners (A) In general A partner who is not a notice partner (and not a member of a notice group described in subsection (b)(2) of section 6223) shall be bound by any settlement agreement (i) which is entered into by the tax matters partner, and (ii) in which the tax matters partner expressly states that such agreement shall bind the other partners. (B) Exception Subparagraph (A) shall not apply to any partner who (within the time prescribed by the Secretary) files a statement with the Secretary providing that the tax matters partner shall not have the authority to enter into a settlement agreement on behalf of such partner.
6225. Assessments made only after partnership level proceedings are completed
(a) Restriction on assessment and collection Except as otherwise provided in this subchapter, no assessment of a deficiency attributable to any partnership item may be made (and no levy or proceeding in any court for the collection of any such deficiency may be made, begun, or prosecuted) before (1) the close of the 150th day after the day on which a notice of a final partnership administrative adjustment was mailed to the tax matters partner, and (2) if a proceeding is begun in the Tax Court under section 6226 during such 150-day period, the decision of the court in such proceeding has become final. (b) Premature action may be enjoined Notwithstanding section 7421 (a), any action which violates subsection (a) may be enjoined in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action or proceeding under this subsection unless a timely petition for a readjustment of the partnership items for the taxable year has been filed and then only in respect of the adjustments that are the subject of such petition. (c) Limit where no proceeding begun If no proceeding under section 6226 is begun with respect to any final partnership administrative adjustment during the 150-day period described in subsection (a), the deficiency assessed against any partner with respect to the partnership items to which such adjustment relates shall not exceed the amount determined in accordance with such adjustment.
6226. Judicial review of final partnership administrative adjustments

(a) Petition by tax matters partner Within 90 days after the day on which a notice of a final partnership administrative adjustment is mailed to the tax matters partner, the tax matters partner may file a petition for a readjustment of the partnership items for such taxable year with (1) the Tax Court, (2) the district court of the United States for the district in which the partnerships principal place of business is located, or (3) the Court of Federal Claims. (b) Petition by partner other than tax matters partner (1) In general If the tax matters partner does not file a readjustment petition under subsection (a) with respect to any final partnership administrative adjustment, any notice partner (and any 5percent group) may, within 60 days after the close of the 90-day period set forth in subsection (a), file a petition for a readjustment of the partnership items for the taxable year involved with any of the courts described in subsection (a). (2) Priority of the Tax Court action If more than 1 action is brought under paragraph (1) with respect to any partnership for any partnership taxable year, the first such action brought in the Tax Court shall go forward. (3) Priority outside the Tax Court If more than 1 action is brought under paragraph (1) with respect to any partnership for any taxable year but no such action is brought in the Tax Court, the first such action brought shall go forward. (4) Dismissal of other actions If an action is brought under paragraph (1) in addition to the action which goes forward under paragraph (2) or (3), such action shall be dismissed. (5) Treatment of premature petitions
If (A) a petition for a readjustment of partnership items for the taxable year involved is filed by a notice partner (or a 5-percent group) during the 90-day period described in subsection (a), and (B) no action is brought under paragraph (1) during the 60-day period described therein with respect to such taxable year which is not dismissed, such petition shall be treated for purposes of paragraph (1) as filed on the last day of such 60-day period. (6) Tax matters partner may intervene The tax matters partner may intervene in any action brought under this subsection. (c) Partners treated as parties If an action is brought under subsection (a) or (b) with respect to a partnership for any partnership taxable year (1) each person who was a partner in such partnership at any time during such year shall be treated as a party to such action, and (2) the court having jurisdiction of such action shall allow each such person to participate in the action. (d) Partner must have interest in outcome (1) In order to be party to action Subsection (c) shall not apply to a partner after the day on which (A) the partnership items of such partner for the partnership taxable year became nonpartnership items by reason of 1 or more of the events described in subsection (b) of section 6231, or (B) the period within which any tax attributable to such partnership items may be assessed against that partner expired. Notwithstanding subparagraph (B), any person treated under subsection (c) as a party to an action shall be permitted to participate in such action (or file a readjustment petition under subsection (b) or paragraph (2) of this subsection) solely for the purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired with respect to such person, and the court having jurisdiction of such action shall have jurisdiction to consider such assertion. (2) To file petition No partner may file a readjustment petition under subsection (b) unless such partner would (after the application of paragraph (1) of this subsection) be treated as a party to the proceeding. (e) Jurisdictional requirement for bringing action in district court or Court of Federal Claims (1) In general A readjustment petition under this section may be filed in a district court of the United States or the Court of Federal Claims only if the partner filing the petition deposits with the Secretary, on or before the day the petition is filed, the amount by which the tax liability of the partner would be increased if the treatment of partnership items on the partners return were made consistent with the treatment of partnership items on the partnership return, as adjusted by the final partnership administrative adjustment. In the case of a petition filed by a 5-percent group, the requirement of the preceding sentence shall apply to each member of the group. The court may by order provide that the jurisdictional requirements of this paragraph are satisfied where there has been a good faith attempt to satisfy such requirements and any shortfall in the amount required to be deposited is timely corrected. (2) Refund on request If an action brought in a district court of the United States or in the Court of Federal Claims is dismissed by reason of the priority of a Tax Court action under paragraph (2) of subsection (b), the Secretary shall, at the request of the partner who made the deposit, refund the amount deposited under paragraph (1). (3) Interest payable Any amount deposited under paragraph (1), while deposited, shall not be treated as a payment of tax for purposes of this title (other than chapter 67). (f) Scope of judicial review
A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all partnership items of the partnership for the partnership taxable year to which the notice of final partnership administrative adjustment relates, the proper allocation of such items among the partners, and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item. (g) Determination of court reviewable Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Court of Federal Claims, as the case may be, and shall be reviewable as such. With respect to the partnership, only the tax matters partner, a notice partner, or a 5-percent group may seek review of a determination by a court under this section. (h) Effect of decision dismissing action If an action brought under this section is dismissed (other than under paragraph (4) of subsection (b)), the decision of the court dismissing the action shall be considered as its decision that the notice of final partnership administrative adjustment is correct, and an appropriate order shall be entered in the records of the court.
6227. Administrative adjustment requests

(a) General rule A partner may file a request for an administrative adjustment of partnership items for any partnership taxable year at any time which is (1) within 3 years after the later of (A) the date on which the partnership return for such year is filed, or (B) the last day for filing the partnership return for such year (determined without regard to extensions), and (2) before the mailing to the tax matters partner of a notice of final partnership administrative adjustment with respect to such taxable year. (b) Special rule in case of extension of period of limitations under section 6229 The period prescribed by subsection (a)(1) for filing of a request for an administrative adjustment shall be extended (1) for the period within which an assessment may be made pursuant to an agreement (or any extension thereof) under section 6229 (b), and (2) for 6 months thereafter. (c) Requests by tax matters partner on behalf of partnership (1) Substituted return If the tax matters partner (A) files a request for an administrative adjustment, and (B) asks that the treatment shown on the request be substituted for the treatment of partnership items on the partnership return to which the request relates, the Secretary may treat the changes shown on such request as corrections of mathematical or clerical errors appearing on the partnership return. (2) Requests not treated as substituted returns (A) In general If the tax matters partner files an administrative adjustment request on behalf of the partnership which is not treated as a substituted return under paragraph (1), the Secretary may, with respect to all or any part of the requested adjustments (i) without conducting any proceeding, allow or make to all partners the credits or refunds arising from the requested adjustments, (ii) conduct a partnership proceeding under this subchapter, or (iii) take no action on the request. (B) Exceptions Clause (i) of subparagraph (A) shall not apply with respect to a partner after the day on which the partnership items become nonpartnership items by reason of 1 or more of the events described in subsection (b) of section 6231. (3) Request must show effect on distributive shares
The tax matters partner shall furnish with any administrative adjustment request on behalf of the partnership revised schedules showing the effect of such request on the distributive shares of the partners and such other information as may be required under regulations. (d) Other requests If any partner files a request for an administrative adjustment (other than a request described in subsection (c)), the Secretary may (1) process the request in the same manner as a claim for credit or refund with respect to items which are not partnership items, (2) assess any additional tax that would result from the requested adjustments, (3) mail to the partner, under subparagraph (A) of section 6231 (b)(1)(relating to items becoming nonpartnership items), a notice that all partnership items of the partner for the partnership taxable year to which such request relates shall be treated as nonpartnership items, or (4) conduct a partnership proceeding. (e) Requests with respect to bad debts or worthless securities In the case of that portion of any request for an administrative adjustment which relates to the deductibility by the partnership under section 166 of a debt as a debt which became worthless, or under section 165(g) of a loss from worthlessness of a security, the period prescribed in subsection (a)(1) shall be 7 years from the last day for filing the partnership return for the year with respect to which such request is made (determined without regard to extensions).
6228. Judicial review where administrative adjustment request is not allowed in full
(a) Request on behalf of partnership (1) In general If any part of an administrative adjustment request filed by the tax matters partner under subsection (c) of section 6227 is not allowed by the Secretary, the tax matters partner may file a petition for an adjustment with respect to the partnership items to which such part of the request relates with (A) the Tax Court, (B) the district court of the United States for the district in which the principal place of business of the partnership is located, or (C) the Court of Federal Claims. (2) Period for filing petition (A) In general A petition may be filed under paragraph (1) with respect to partnership items for a partnership taxable year only (i) after the expiration of 6 months from the date of filing of the request under section 6227, and (ii) before the date which is 2 years after the date of such request. (B) No petition after notice of beginning of administrative proceeding No petition may be filed under paragraph (1) after the day the Secretary mails to the partnership a notice of the beginning of an administrative proceeding with respect to the partnership taxable year to which such request relates. (C) Failure by Secretary to issue timely notice of adjustment If the Secretary (i) mails the notice referred to in subparagraph (B) before the expiration of the 2-year period referred to in clause (ii) of subparagraph (A), and (ii) fails to mail a notice of final partnership administrative adjustment with respect to the partnership taxable year to which the request relates before the expiration of the period described in section 6229 (a) (including any extension by agreement), subparagraph (B) shall cease to apply with respect to such request, and the 2-year period referred to in clause (ii) of subparagraph (A) shall not expire before the date 6 months after
the expiration of the period described in section 6229 (a) (including any extension by agreement). (D) Extension of time The 2-year period described in subparagraph (A)(ii) shall be extended for such period as may be agreed upon in writing between the tax matters partner and the Secretary. (3) Coordination with administrative adjustment (A) Administrative adjustment before filing of petition No petition may be filed under this subsection after the Secretary mails to the tax matters partner a notice of final partnership administrative adjustment for the partnership taxable year to which the request under section 6227 relates. (B) Administrative adjustment after filing but before hearing of petition If the Secretary mails to the tax matters partner a notice of final partnership administrative adjustment for the partnership taxable year to which the request under section 6227 relates after the filing of a petition under this subsection but before the hearing of such petition, such petition shall be treated as an action brought under section 6226 with respect to that administrative adjustment, except that subsection (e) of section 6226 shall not apply. (C) Notice must be before expiration of statute of limitations A notice of final partnership administrative adjustment for the partnership taxable year shall be taken into account under subparagraphs (A) and (B) only if such notice is mailed before the expiration of the period prescribed by section 6229 for making assessments of tax attributable to partnership items for such taxable year. (4) Partners treated as party to action (A) In general If an action is brought by the tax matters partner under paragraph (1) with respect to any request for an adjustment of a partnership item for any taxable year (i) each person who was a partner in such partnership at any time during the partnership taxable year involved shall be treated as a party to such action, and (ii) the court having jurisdiction of such action shall allow each such person to participate in the action. (B) Partners must have interest in outcome For purposes of subparagraph (A), rules similar to the rules of paragraph (1) of section 6226 (d) shall apply. (5) Scope of judicial review Except in the case described in subparagraph (B) of paragraph (3), a court with which a petition is filed in accordance with this subsection shall have jurisdiction to determine only those partnership items to which the part of the request under section 6227 not allowed by the Secretary relates and those items with respect to which the Secretary asserts adjustments as offsets to the adjustments requested by the tax matters partner. (6) Determination of court reviewable Any determination by a court under this subsection shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Court of Federal Claims, as the case may be, and shall be reviewable as such. With respect to the partnership, only the tax matters partner, a notice partner, or a 5-percent group may seek review of a determination by a court under this subsection. (b) Other requests (1) Notice providing that items become nonpartnership items If the Secretary mails to a partner, under subparagraph (A) of section6231 (b)(1) (relating to items ceasing to be partnership items), a notice that all partnership items of the partner for the partnership taxable year to which a timely request for administrative adjustment under subsection (d) of section 6227 relates shall be treated as nonpartnership items (A) such request shall be treated as a claim for credit or refund of an overpayment attributable to nonpartnership items, and (B) the partner may bring an action under section 7422 with respect to such claim at any time within 2 years of the mailing of such notice. (2) Other cases (A) In general If the Secretary fails to allow any part of an administrative adjustment request filed under subsection (d) of section 6227 by a partner and paragraph (1) does not apply
(i) such partner may, pursuant to section 7422, begin a civil action for refund of any amount due by reason of the adjustments described in such part of the request, and (ii) on the beginning of such civil action, the partnership items of such partner for the partnership taxable year to which such part of such request relates shall be treated as nonpartnership items for purposes of this subchapter. (B) Period for filing petition (i) In general An action may be begun under subparagraph (A) with respect to an administrative adjustment request for a partnership taxable year only (I) after the expiration of 6 months from the date of filing of the request under section 6227, and (II) before the date which is 2 years after the date of filing of such request. (ii) Extension of time The 2-year period described in subclause (II) of clause (i) shall be extended for such period as may be agreed upon in writing between the partner and the Secretary. (C) Action barred after partnership proceeding has begun No petition may be filed under subparagraph (A) with respect to an administrative adjustment request for a partnership taxable year after the Secretary mails to the partnership a notice of the beginning of a partnership proceeding with respect to such year. (D) Failure by Secretary to issue timely notice of adjustment If the Secretary (i) mails the notice referred to in subparagraph (C) before the expiration of the 2-year period referred to in clause (i)(II) of subparagraph (B), and (ii) fails to mail a notice of final partnership administrative adjustment with respect to the partnership taxable year to which the request relates before the expiration of the period described in section 6229 (a) (including any extension by agreement), subparagraph (C) shall cease to apply with respect to such request, and the 2-year period referred to in clause (i)(II) of subparagraph (B) shall not expire before the date 6 months after the expiration of the period described in section 6229 (a) (including any extension by agreement).
6229. Period of limitations for making assessments

(a) General rule Except as otherwise provided in this section, the period for assessing any tax imposed by subtitle A with respect to any person which is attributable to any partnership item (or affected item) for a partnership taxable year shall not expire before the date which is 3 years after the later of (1) the date on which the partnership return for such taxable year was filed, or (2) the last day for filing such return for such year (determined without regard to extensions). (b) Extension by agreement (1) In general The period described in subsection (a) (including an extension period under this subsection) may be extended (A) with respect to any partner, by an agreement entered into by the Secretary and such partner, and (B) with respect to all partners, by an agreement entered into by the Secretary and the tax matters partner (or any other person authorized by the partnership in writing to enter into such an agreement), before the expiration of such period. (2) Special rule with respect to debtors in title 11 cases Notwithstanding any other law or rule of law, if an agreement is entered into under paragraph (1)(B) and the agreement is signed by a person who would be the tax matters partner but for the fact that, at the time that the agreement is executed, the person is a
debtor in a bankruptcy proceeding under title 11 of the United States Code, such agreement shall be binding on all partners in the partnership unless the Secretary has been notified of the bankruptcy proceeding in accordance with regulations prescribed by the Secretary. (3) Coordination with section 6501 (c)(4) Any agreement under section 6501 (c)(4) shall apply with respect to the period described in subsection (a) only if the agreement expressly provides that such agreement applies to tax attributable to partnership items. (c) Special rule in case of fraud, etc. (1) False return If any partner has, with the intent to evade tax, signed or participated directly or indirectly in the preparation of a partnership return which includes a false or fraudulent item (A) in the case of partners so signing or participating in the preparation of the return, any tax imposed by subtitle A which is attributable to any partnership item (or affected item) for the partnership taxable year to which the return relates may be assessed at any time, and (B) in the case of all other partners, subsection (a) shall be applied with respect to such return by substituting 6 years for 3 years. (2) Substantial omission of income If any partnership omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in its return, subsection (a) shall be applied by substituting 6 years for 3 years. (3) No return In the case of a failure by a partnership to file a return for any taxable year, any tax attributable to a partnership item (or affected item) arising in such year may be assessed at any time. (4) Return filed by Secretary For purposes of this section, a return executed by the Secretary under subsection (b) of section 6020 on behalf of the partnership shall not be treated as a return of the partnership. (d) Suspension when Secretary makes administrative adjustment If notice of a final partnership administrative adjustment with respect to any taxable year is mailed to the tax matters partner, the running of the period specified in subsection (a) (as modified by other provisions of this section) shall be suspended (1) for the period during which an action may be brought under section6226 (and, if a petition is filed under section 6226 with respect to such administrative adjustment, until the decision of the court becomes final), and (2) for 1 year thereafter. (e) Unidentified partner If (1) the name, address, and taxpayer identification number of a partner are not furnished on the partnership return for a partnership taxable year, and (2) (A) the Secretary, before the expiration of the period otherwise provided under this section with respect to such partner, mails to the tax matters partner the notice specified in paragraph (2) of section6223 (a) with respect to such taxable year, or (B) the partner has failed to comply with subsection (b) of section6222 (relating to notification of inconsistent treatment) with respect to any partnership item for such taxable year, the period for assessing any tax imposed by subtitle A which is attributable to any partnership item (or affected item) for such taxable year shall not expire with respect to such partner before the date which is 1 year after the date on which the name, address, and taxpayer identification number of such partner are furnished to the Secretary. (f) Special rules (1) Items becoming nonpartnership items If before the expiration of the period otherwise provided in this section for assessing any tax imposed by subtitle A with respect to the partnership items of a partner for the partnership taxable year, such items become nonpartnership items by reason of 1 or more of the events described in subsection (b) of section 6231, the period for assessing any tax imposed by subtitle A which is attributable to such items (or any item affected by such items) shall not expire before the date which is 1 year after the date on which the items become
nonpartnership items. The period described in the preceding sentence (including any extension period under this sentence) may be extended with respect to any partner by agreement entered into by the Secretary and such partner. (2) Special rule for partial settlement agreements If a partner enters into a settlement agreement with the Secretary or the Attorney General (or his delegate) with respect to the treatment of some of the partnership items in dispute for a partnership taxable year but other partnership items for such year remain in dispute, the period of limitations for assessing any tax attributable to the settled items shall be determined as if such agreement had not been entered into. (g) Period of limitations for penalties The provisions of this section shall apply also in the case of any addition to tax or an additional amount imposed under subchapter A of chapter 68 which arises with respect to any tax imposed under subtitle A in the same manner as if such addition or additional amount were a tax imposed by subtitle A. (h) Suspension during pendency of bankruptcy proceeding If a petition is filed naming a partner as a debtor in a bankruptcy proceeding under title 11 of the United States Code, the running of the period of limitations provided in this section with respect to such partner shall be suspended (1) for the period during which the Secretary is prohibited by reason of such bankruptcy proceeding from making an assessment, and (2) for 60 days thereafter.
6230. Additional administrative provisions

(a) Coordination with deficiency proceedings (1) In general Except as provided in paragraph (2) or (3), subchapter B of this chapter shall not apply to the assessment or collection of any computational adjustment. (2) Deficiency proceedings to apply in certain cases (A) Subchapter B shall apply to any deficiency attributable to (i) affected items which require partner level determinations (other than penalties, additions to tax, and additional amounts that relate to adjustments to partnership items), or (ii) items which have become nonpartnership items (other than by reason of section 6231 (b)(1)(C)) and are described in section6231 (e)(1)(B). (B) Subchapter B shall be applied separately with respect to each deficiency described in subparagraph (A) attributable to each partnership. (C) Notwithstanding any other law or rule of law, any notice or proceeding under subchapter B with respect to a deficiency described in this paragraph shall not preclude or be precluded by any other notice, proceeding, or determination with respect to a partners tax liability for a taxable year. (3) Special rule in case of assertion by partners spouse of innocent spouse relief (A) Notwithstanding section 6404 (b), if the spouse of a partner asserts that section 6015 applies with respect to a liability that is attributable to any adjustment to a partnership item (including any liability for any penalties, additions to tax, or additional amounts relating to such adjustment), then such spouse may file with the Secretary within 60 days after the notice of computational adjustment is mailed to the spouse a request for abatement of the assessment specified in such notice. Upon receipt of such request, the Secretary shall abate the assessment. Any reassessment of the tax with respect to which an abatement is made under this subparagraph shall be subject to the deficiency procedures prescribed by subchapter B. The period for making any such reassessment shall not expire before the expiration of 60 days after the date of such abatement. (B) If the spouse files a petition with the Tax Court pursuant to section 6213 with respect to the request for abatement described in subparagraph (A), the Tax Court shall only have jurisdiction pursuant to this section to determine whether the requirements of section 6015have been satisfied. For purposes of such determination, the treatment of partnership items (and the applicability of any penalties, additions to tax, or additional
amounts) under the settlement, the final partnership administrative adjustment, or the decision of the court (whichever is appropriate) that gave rise to the liability in question shall be conclusive. (C) Rules similar to the rules contained in subparagraphs (B) and (C) of paragraph (2) shall apply for purposes of this paragraph. (b) Mathematical and clerical errors appearing on partnership return (1) In general Section 6225 shall not apply to any adjustment necessary to correct a mathematical or clerical error (as defined in section 6213 (g)(2)) appearing on the partnership return. (2) Exception Paragraph (1) shall not apply to a partner if, within 60 days after the day on which notice of the correction of the error is mailed to the partner, such partner files with the Secretary a request that the correction not be made. (c) Claims arising out of erroneous computations, etc. (1) In general A partner may file a claim for refund on the grounds that (A) the Secretary erroneously computed any computational adjustment necessary (i) to make the partnership items on the partners return consistent with the treatment of the partnership items on the partnership return, or (ii) to apply to the partner a settlement, a final partnership administrative adjustment, or the decision of a court in an action brought under section 6226 or section 6228 (a), (B) the Secretary failed to allow a credit or to make a refund to the partner in the amount of the overpayment attributable to the application to the partner of a settlement, a final partnership administrative adjustment, or the decision of a court in an action brought under section 6226 or section 6228 (a), or (C) the Secretary erroneously imposed any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item. (2) Time for filing claim (A) Under paragraph (1)(A) or (C) Any claim under subparagraph (A) or (C) of paragraph (1) shall be filed within 6 months after the day on which the Secretary mails the notice of computational adjustment to the partner. (B) Under paragraph (1)(B) Any claim under paragraph (1)(B) shall be filed within 2 years after whichever of the following days is appropriate: (i) the day on which the settlement is entered into, (ii) the day on which the period during which an action may be brought under section 6226 with respect to the final partnership administrative adjustment expires, or (iii) the day on which the decision of the court becomes final. (3) Suit if claim not allowed If any portion of a claim under paragraph (1) is not allowed, the partner may bring suit with respect to such portion within the period specified in subsection (a) of section 6532 (relating to periods of limitations on refund suits). (4) No review of substantive issues For purposes of any claim or suit under this subsection, the treatment of partnership items on the partnership return, under the settlement, under the final partnership administrative adjustment, or under the decision of the court (whichever is appropriate) shall be conclusive. In addition, the determination under the final partnership administrative adjustment or under the decision of the court (whichever is appropriate) concerning the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item shall also be conclusive. Notwithstanding the preceding sentence, the partner shall be allowed to assert any partner level defenses that may apply or to challenge the amount of the computational adjustment. (5) Rules for seeking innocent spouse relief (A) In general The spouse of a partner may file a claim for refund on the ground that the Secretary failed to relieve the spouse under section 6015from a liability that is attributable to an adjustment to a partnership item (including any liability for any penalties, additions to tax, or additional amounts relating to such adjustment).
(B) Time for filing claim Any claim under subparagraph (A) shall be filed within 6 months after the day on which the Secretary mails to the spouse the notice of computational adjustment referred to in subsection (a)(3)(A). (C) Suit if claim not allowed If the claim under subparagraph (B) is not allowed, the spouse may bring suit with respect to the claim within the period specified in paragraph (3). (D) Prior determinations are binding For purposes of any claim or suit under this paragraph, the treatment of partnership items (and the applicability of any penalties, additions to tax, or additional amounts) under the settlement, the final partnership administrative adjustment, or the decision of the court (whichever is appropriate) that gave rise to the liability in question shall be conclusive. (d) Special rules with respect to credits or refunds attributable to partnership items (1) In general Except as otherwise provided in this subsection, no credit or refund of an overpayment attributable to a partnership item (or an affected item) for a partnership taxable year shall be allowed or made to any partner after the expiration of the period of limitation prescribed in section 6229 with respect to such partner for assessment of any tax attributable to such item. (2) Administrative adjustment request If a request for an administrative adjustment under section 6227 with respect to a partnership item is timely filed, credit or refund of any overpayment attributable to such partnership item (or an affected item) may be allowed or made at any time before the expiration of the period prescribed in section 6228 for bringing suit with respect to such request. (3) Claim under subsection (c) If a timely claim is filed under subsection (c) for a credit or refund of an overpayment attributable to a partnership item (or affected item), credit or refund of such overpayment may be allowed or made at any time before the expiration of the period specified in section 6532 (relating to periods of limitations on suits) for bringing suit with respect to such claim. (4) Timely suit Paragraph (1) shall not apply to any credit or refund of any overpayment attributable to a partnership item (or an item affected by such partnership item) if a partner brings a timely suit with respect to a timely administrative adjustment request under section 6228 or a timely claim under subsection (c) relating to such overpayment. (5) Overpayments refunded without requirement that partner file claim In the case of any overpayment by a partner which is attributable to a partnership item (or an affected item) and which may be refunded under this subchapter, to the extent practicable credit or refund of such overpayment shall be allowed or made without any requirement that the partner file a claim therefor. (6) Subchapter B of chapter 66 not applicable Subchapter B of chapter 66 (relating to limitations on credit or refund) shall not apply to any credit or refund of an overpayment attributable to a partnership item. (e) Tax matters partner required to furnish names of partners to Secretary If the Secretary mails to any partnership the notice specified in paragraph (1) of section 6223 (a) with respect to any partnership taxable year, the tax matters partner shall furnish to the Secretary the name, address, profits interest, and taxpayer identification number of each person who was a partner in such partnership at any time during such taxable year. If the tax matters partner later discovers that the information furnished to the Secretary was incorrect or incomplete, the tax matters partner shall furnish such revised or additional information as may be necessary. (f) Failure of tax matters partner, etc., to fulfill responsibility does not affect applicability of proceeding The failure of the tax matters partner, a pass-thru partner, the representative of a notice group, or any other representative of a partner to provide any notice or perform any act required under this subchapter or under regulations prescribed under this subchapter on
behalf of such partner does not affect the applicability of any proceeding or adjustment under this subchapter to such partner. (g) Date decision of court becomes final For purposes of section 6229 (d)(1) and section 6230 (c)(2)(B), the principles of section 7481 (a) shall be applied in determining the date on which a decision of a district court or the Court of Federal Claims becomes final. (h) Examination authority not limited Nothing in this subchapter shall be construed as limiting the authority granted to the Secretary under section 7602. (i) Time and manner of filing statements, making elections, etc. Except as otherwise provided in this subchapter, each (1) statement, (2) election, (3) request, and (4) furnishing of information, shall be filed or made at such time, in such manner, and at such place as may be prescribed in regulations. (j) Partnerships having principal place of business outside the United States For purposes of sections 6226 and 6228, a principal place of business located outside the United States shall be treated as located in the District of Columbia. (k) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subchapter. Any reference in this subchapter to regulations is a reference to regulations prescribed by the Secretary. (l) Court rules Any action brought under any provision of this subchapter shall be conducted in accordance with such rules of practice and procedure as may be prescribed by the Court in which the action is brought.
6231. Definitions and special rules

(a) Definitions For purposes of this subchapter (1) Partnership (A) In general Except as provided in subparagraph (B), the term partnership means any partnership required to file a return under section 6031(a). (B) Exception for small partnerships (i) In general The term partnership shall not include any partnership having 10 or fewer partners each of whom is an individual (other than a nonresident alien), a C corporation, or an estate of a deceased partner. For purposes of the preceding sentence, a husband and wife (and their estates) shall be treated as 1 partner. (ii) Election to have subchapter apply A partnership (within the meaning of subparagraph (A)) may for any taxable year elect to have clause (i) not apply. Such election shall apply for such taxable year and all subsequent taxable years unless revoked with the consent of the Secretary. (2) Partner The term partner means (A) a partner in the partnership, and (B) any other person whose income tax liability under subtitle A is determined in whole or in part by taking into account directly or indirectly partnership items of the partnership. (3) Partnership item The term partnership item means, with respect to a partnership, any item required to be taken into account for the partnerships taxable year under any provision of subtitle A to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the partnership level than at the partner level.
(4) Nonpartnership item The term nonpartnership item means an item which is (or is treated as) not a partnership item. (5) Affected item The term affected item means any item to the extent such item is affected by a partnership item. (6) Computational adjustment The term computational adjustment means the change in the tax liability of a partner which properly reflects the treatment under this subchapter of a partnership item. All adjustments required to apply the results of a proceeding with respect to a partnership under this subchapter to an indirect partner shall be treated as computational adjustments. (7) Tax matters partner The tax matters partner of any partnership is (A) the general partner designated as the tax matters partner as provided in regulations, or (B) if there is no general partner who has been so designated, the general partner having the largest profits interest in the partnership at the close of the taxable year involved (or, where there is more than 1 such partner, the 1 of such partners whose name would appear first in an alphabetical listing). If there is no general partner designated under subparagraph (A) and the Secretary determines that it is impracticable to apply subparagraph (B), the partner selected by the Secretary shall be treated as the tax matters partner. The Secretary shall, within 30 days of selecting a tax matters partner under the preceding sentence, notify all partners required to receive notice under section 6223(a) of the name and address of the person selected. (8) Notice partner The term notice partner means a partner who, at the time in question, would be entitled to notice under subsection (a) of section 6223(determined without regard to subsections (b)(2) and (e)(1)(B) thereof). (9) Pass-thru partner The term pass-thru partner means a partnership, estate, trust, S corporation, nominee, or other similar person through whom other persons hold an interest in the partnership with respect to which proceedings under this subchapter are conducted. (10) Indirect partner The term indirect partner means a person holding an interest in a partnership through 1 or more pass-thru partners. (11) 5-percent group A 5-percent group is a group of partners who for the partnership taxable year involved had profits interests which aggregated 5 percent or more. (12) Husband and wife Except to the extent otherwise provided in regulations, a husband and wife who have a joint interest in a partnership shall be treated as 1 person. (b) Items cease to be partnership items in certain cases (1) In general For purposes of this subchapter, the partnership items of a partner for a partnership taxable year shall become nonpartnership items as of the date (A) the Secretary mails to such partner a notice that such items shall be treated as nonpartnership items, (B) the partner files suit under section 6228 (b) after the Secretary fails to allow an administrative adjustment request with respect to any of such items, (C) the Secretary or the Attorney General (or his delegate) enters into a settlement agreement with the partner with respect to such items, or (D) such change occurs under subsection (e) of section 6223(relating to effect of Secretarys failure to provide notice) or under subsection (c) of this section. (2) Circumstances in which notice is permitted The Secretary may mail the notice referred to in subparagraph (A) of paragraph (1) to a partner with respect to partnership items for a partnership taxable year only if (A) such partner (i) has complied with subparagraph (B) of section 6222 (b)(1)(relating to notification of inconsistent treatment) with respect to one or more of such items, and
(ii) has not, as of the date on which the Secretary mails the notice, filed a request for administrative adjustments which would make the partners treatment of the item or items with respect to which the partner complied with subparagraph (B) of section 6222(b) (1) consistent with the treatment of such item or items on the partnership return, or (B) (i) such partner has filed a request under section 6227 (d) for administrative adjustment of one or more of such items, and (ii) the adjustments requested would not make such partners treatment of such items consistent with the treatment of such items on the partnership return. (3) Notice must be mailed before beginning of partnership proceeding Any notice to a partner under subparagraph (A) of paragraph (1) with respect to partnership items for a partnership taxable year shall be mailed before the day on which the Secretary mails to the tax matters partner a notice of the beginning of an administrative proceeding at the partnership level with respect to such items. (c) Regulations with respect to certain special enforcement areas (1) Applicability of subsection This subsection applies in the case of (A) assessments under section 6851 (relating to termination assessments of income tax) or section 6861 (relating to jeopardy assessments of income, estate, gift, and certain excise taxes), (B) criminal investigations, (C) indirect methods of proof of income, (D) foreign partnerships, and (E) other areas that the Secretary determines by regulation to present special enforcement considerations. (2) Items may be treated as nonpartnership items To the extent that the Secretary determines and provides by regulations that to treat items as partnership items will interfere with the effective and efficient enforcement of this title in any case described in paragraph (1), such items shall be treated as nonpartnership items for purposes of this subchapter. (3) Special rules The Secretary may prescribe by regulation such special rules as the Secretary determines to be necessary to achieve the purposes of this subchapter in any case described in paragraph (1). (d) Time for determining partners profits interest in partnership (1) In general For purposes of section 6223 (b) (relating to special rules for partnerships with more than 100 partners) and paragraph (11) of subsection (a) (relating to 5-percent group), the interest of a partner in the profits of a partnership for a partnership taxable year shall be determined (A) in the case of a partner whose entire interest in the partnership is disposed of during such partnership taxable year, as of the moment immediately before such disposition, or (B) in the case of any other partner, as of the close of the partnership taxable year. (2) Indirect partners The Secretary shall prescribe regulations consistent with the principles of paragraph (1) to be applied in the case of indirect partners. (e) Effect of judicial decisions in certain proceedings (1) Determinations at partner level No judicial determination with respect to the income tax liability of any partner not conducted under this subchapter shall be a bar to any adjustment in such partners income tax liability resulting from (A) a proceeding with respect to partnership items under this subchapter, or (B) a proceeding with respect to items which become nonpartnership items (i) by reason of 1 or more of the events described in subsection (b), and (ii) after the appropriate time for including such items in any other proceeding with respect to nonpartnership items. (2) Proceedings under section 6228 (a)
No judicial determination in any proceeding under subsection (a) of section 6228 with respect to any partnership item shall be a bar to any adjustment in any other partnership item. (f) Special rule for deductions, losses, and credits of foreign partnerships Except to the extent otherwise provided in regulations, in the case of any partnership the tax matters partner of which resides outside the United States or the books of which are maintained outside the United States, no deduction, loss, or credit shall be allowable to any partner unless section6031 is complied with for the partnerships taxable year in which such deduction, loss, or credit arose at such time as the Secretary prescribes by regulations. (g) Partnership return to be determinative of whether subchapter applies (1) Determination that subchapter applies If, on the basis of a partnership return for a taxable year, the Secretary reasonably determines that this subchapter applies to such partnership for such year but such determination is erroneous, then the provisions of this subchapter are hereby extended to such partnership (and its items) for such taxable year and to partners of such partnership. (2) Determination that subchapter does not apply If, on the basis of a partnership return for a taxable year, the Secretary reasonably determines that this subchapter does not apply to such partnership for such year but such determination is erroneous, then the provisions of this subchapter shall not apply to such partnership (and its items) for such taxable year or to partners of such partnership.
6232. Repealed. Pub. L. 100418, title I, 1941(b)(1), Aug. 23, 1988, 102 Stat. 1323]
Section, added Pub. L. 97248, title IV, 402(a), Sept. 3, 1982, 96 Stat. 666, related to extension of subchapter provisions, respecting tax treatment of partnership items, to windfall profit tax.
6233. Extension to entities filing partnership returns, etc.

(a) General rule If a partnership return is filed by an entity for a taxable year but it is determined that the entity is not a partnership for such year, then, to the extent provided in regulations, the provisions of this subchapter are hereby extended in respect of such year to such entity and its items and to persons holding an interest in such entity. (b) Similar rules in certain cases If a partnership return is filed for any taxable year but it is determined that there is no entity for such taxable year, to the extent provided in regulations, rules similar to the rules of subsection (a) shall apply.
6234. Declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return
(a) General rule If (1) a taxpayer files an oversheltered return for a taxable year, (2) the Secretary makes a determination with respect to the treatment of items (other than partnership items) of such taxpayer for such taxable year, and
(3) the adjustments resulting from such determination do not give rise to a deficiency (as defined in section 6211) but would give rise to a deficiency if there were no net loss from partnership items, the Secretary is authorized to send a notice of adjustment reflecting such determination to the taxpayer by certified or registered mail. (b) Oversheltered return For purposes of this section, the term oversheltered return means an income tax return which (1) shows no taxable income for the taxable year, and (2) shows a net loss from partnership items. (c) Judicial review in the Tax Court Within 90 days, or 150 days if the notice is addressed to a person outside the United States, after the day on which the notice of adjustment authorized in subsection (a) is mailed to the taxpayer, the taxpayer may file a petition with the Tax Court for redetermination of the adjustments. Upon the filing of such a petition, the Tax Court shall have jurisdiction to make a declaration with respect to all items (other than partnership items and affected items which require partner level determinations as described in section 6230 (a)(2)(A)(i)) for the taxable year to which the notice of adjustment relates, in accordance with the principles of section 6214 (a). Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such. (d) Failure to file petition (1) In general Except as provided in paragraph (2), if the taxpayer does not file a petition with the Tax Court within the time prescribed in subsection (c), the determination of the Secretary set forth in the notice of adjustment that was mailed to the taxpayer shall be deemed to be correct. (2) Exception Paragraph (1) shall not apply after the date that the taxpayer (A) files a petition with the Tax Court within the time prescribed in subsection (c) with respect to a subsequent notice of adjustment relating to the same taxable year, or (B) files a claim for refund of an overpayment of tax under section6511 for the taxable year involved. If a claim for refund is filed by the taxpayer, then solely for purposes of determining (for the taxable year involved) the amount of any computational adjustment in connection with a partnership proceeding under this subchapter (other than under this section) or the amount of any deficiency attributable to affected items in a proceeding under section 6230(a)(2), the items that are the subject of the notice of adjustment shall be presumed to have been correctly reported on the taxpayers return during the pendency of the refund claim (and, if within the time prescribed by section 6532 the taxpayer commences a civil action for refund under section 7422, until the decision in the refund action becomes final). (e) Limitations period (1) In general Any notice to a taxpayer under subsection (a) shall be mailed before the expiration of the period prescribed by section 6501 (relating to the period of limitations on assessment). (2) Suspension when Secretary mails notice of adjustment If the Secretary mails a notice of adjustment to the taxpayer for a taxable year, the period of limitations on the making of assessments shall be suspended for the period during which the Secretary is prohibited from making the assessment (and, in any event, if a proceeding in respect of the notice of adjustment is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter. (3) Restrictions on assessment Except as otherwise provided in section 6851, 6852, or 6861, no assessment of a deficiency with respect to any tax imposed by subtitle A attributable to any item (other than a partnership item or any item affected by a partnership item) shall be made (A) until the expiration of the applicable 90-day or 150-day period set forth in subsection (c) for filing a petition with the Tax Court, or (B) if a petition has been filed with the Tax Court, until the decision of the Tax Court has become final.
(f) Further notices of adjustment restricted If the Secretary mails a notice of adjustment to the taxpayer for a taxable year and the taxpayer files a petition with the Tax Court within the time prescribed in subsection (c), the Secretary may not mail another such notice to the taxpayer with respect to the same taxable year in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact. (g) Coordination with other proceedings under this subchapter (1) In general The treatment of any item that has been determined pursuant to subsection (c) or (d) shall be taken into account in determining the amount of any computational adjustment that is made in connection with a partnership proceeding under this subchapter (other than under this section), or the amount of any deficiency attributable to affected items in a proceeding under section 6230 (a)(2), for the taxable year involved. Notwithstanding any other law or rule of law pertaining to the period of limitations on the making of assessments, for purposes of the preceding sentence, any adjustment made in accordance with this section shall be taken into account regardless of whether any assessment has been made with respect to such adjustment. (2) Special rule in case of computational adjustment In the case of a computational adjustment that is made in connection with a partnership proceeding under this subchapter (other than under this section), the provisions of paragraph (1) shall apply only if the computational adjustment is made within the period prescribed by section 6229 for assessing any tax under subtitle A which is attributable to any partnership item or affected item for the taxable year involved. (3) Conversion to deficiency proceeding If (A) after the notice referred to in subsection (a) is mailed to a taxpayer for a taxable year but before the expiration of the period for filing a petition with the Tax Court under subsection (c) (or, if a petition is filed with the Tax Court, before the Tax Court makes a declaration for that taxable year), the treatment of any partnership item for the taxable year is finally determined, or any such item ceases to be a partnership item pursuant to section 6231 (b), and (B) as a result of that final determination or cessation, a deficiency can be determined with respect to the items that are the subject of the notice of adjustment, the notice of adjustment shall be treated as a notice of deficiency under section 6212 and any petition filed in respect of the notice shall be treated as an action brought under section 6213. (4) Finally determined For purposes of this subsection, the treatment of partnership items shall be treated as finally determined if (A) the Secretary or the Attorney General (or his delegate) enters into a settlement agreement (within the meaning of section 6224) with the taxpayer regarding such items, (B) a notice of final partnership administrative adjustment has been issued and (i) no petition has been filed under section 6226 and the time for doing so has expired, or (ii) a petition has been filed under section 6226 and the decision of the court has become final, or (C) the period within which any tax attributable to such items may be assessed against the taxpayer has expired. (h) Special rules if Secretary incorrectly determines applicable procedure (1) Special rule if Secretary erroneously mails notice of adjustment If the Secretary erroneously determines that subchapter B does not apply to a taxable year of a taxpayer and consistent with that determination timely mails a notice of adjustment to the taxpayer pursuant to subsection (a) of this section, the notice of adjustment shall be treated as a notice of deficiency under section 6212 and any petition that is filed in respect of the notice shall be treated as an action brought under section 6213. (2) Special rule if Secretary erroneously mails notice of deficiency If the Secretary erroneously determines that subchapter B applies to a taxable year of a taxpayer and consistent with that determination timely mails a notice of deficiency to the taxpayer pursuant to section 6212, the notice of deficiency shall be treated as a notice of
adjustment under subsection (a) and any petition that is filed in respect of the notice shall be treated as an action brought under subsection (c).
Subchapter DTreatment of Electing Large Partnerships

PART ITREATMENT OF PARTNERSHIP ITEMS AND ADJUSTMENTS ( 6240 6242)

PART IIPARTNERSHIP LEVEL ADJUSTMENTS ( 62456252) PART IIIDEFINITIONS AND SPECIAL RULES ( 6255)
PART ITREATMENT OF PARTNERSHIP ITEMS AND ADJUSTMENTS

6240. Application of subchapter 6241. Partners return must be consistent with partnership return 6242. Procedures for taking partnership adjustments into account
6240. Application of subchapter

(a) General rule This subchapter shall only apply to electing large partnerships and partners in such partnerships. (b) Coordination with other partnership audit procedures (1) In general Subchapter C of this chapter shall not apply to any electing large partnership other than in its capacity as a partner in another partnership which is not an electing large partnership. (2) Treatment where partner in other partnership If an electing large partnership is a partner in another partnership which is not an electing large partnership (A) subchapter C of this chapter shall apply to items of such electing large partnership which are partnership items with respect to such other partnership, but (B) any adjustment under such subchapter C shall be taken into account in the manner provided by section 6242.
6241. Partners return must be consistent with partnership return

(a) General rule A partner of any electing large partnership shall, on the partners return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. (b) Underpayment due to inconsistent treatment assessed as math error Any underpayment of tax by a partner by reason of failing to comply with the requirements of subsection (a) shall be assessed and collected in the same manner as if such underpayment were on account of a mathematical or clerical error appearing on the partners return. Paragraph (2) of section 6213 (b)shall not apply to any assessment of an underpayment referred to in the preceding sentence. (c) Adjustments not to affect prior year of partners (1) In general Except as provided in paragraph (2), subsections (a) and (b) shall apply without regard to any adjustment to the partnership item under part II. (2) Certain changes in distributive share taken into account by partner (A) In general To the extent that any adjustment under part II involves a change under section 704 in a partners distributive share of the amount of any partnership item shown on the partnership return, such adjustment shall be taken into account in applying this title to such partner for the partners taxable year for which such item was required to be taken into account. (B) Coordination with deficiency procedures (i) In general Subchapter B shall not apply to the assessment or collection of any underpayment of tax attributable to an adjustment referred to in subparagraph (A). (ii) Adjustment not precluded Notwithstanding any other law or rule of law, nothing in subchapter B (or in any proceeding under subchapter B) shall preclude the assessment or collection of any underpayment of tax (or the allowance of any credit or refund of any overpayment of tax) attributable to an adjustment referred to in subparagraph (A) and such assessment or collection or allowance (or any notice thereof) shall not preclude any notice, proceeding, or determination under subchapter B. (C) Period of limitations The period for (i) assessing any underpayment of tax, or (ii) filing a claim for credit or refund of any overpayment of tax, attributable to an adjustment referred to in subparagraph (A) shall not expire before the close of the period prescribed by section 6248 for making adjustments with respect to the partnership taxable year involved. (D) Tiered structures If the partner referred to in subparagraph (A) is another partnership or an S corporation, the rules of this paragraph shall also apply to persons holding interests in such partnership or S corporation (as the case may be); except that, if such partner is an electing large partnership, the adjustment referred to in subparagraph (A) shall be taken into account in the manner provided by section 6242. (d) Addition to tax for failure to comply with section For addition to tax in case of partners disregard of requirements of this section, see part II of subchapter A of chapter 68.
6242. Procedures for taking partnership adjustments into account

(a) Adjustments flow through to partners for year in which adjustment takes effect (1) In general If any partnership adjustment with respect to any partnership item takes effect (within the meaning of subsection (d)(2)) during any partnership taxable year and if an election under paragraph (2) does not apply to such adjustment, such adjustment shall be taken into account in determining the amount of such item for the partnership taxable year in which
such adjustment takes effect. In applying this title to any person who is (directly or indirectly) a partner in such partnership during such partnership taxable year, such adjustment shall be treated as an item actually arising during such taxable year. (2) Partnership liable in certain cases If (A) a partnership elects under this paragraph to not take an adjustment into account under paragraph (1), (B) a partnership does not make such an election but in filing its return for any partnership taxable year fails to take fully into account any partnership adjustment as required under paragraph (1), or (C) any partnership adjustment involves a reduction in a credit which exceeds the amount of such credit determined for the partnership taxable year in which the adjustment takes effect, the partnership shall pay to the Secretary an amount determined by applying the rules of subsection (b)(4) to the adjustments not so taken into account and any excess referred to in subparagraph (C). (3) Offsetting adjustments taken into account If a partnership adjustment requires another adjustment in a taxable year after the adjusted year and before the partnership taxable year in which such partnership adjustment takes effect, such other adjustment shall be taken into account under this subsection for the partnership taxable year in which such partnership adjustment takes effect. (4) Coordination with part II Amounts taken into account under this subsection for any partnership taxable year shall continue to be treated as adjustments for the adjusted year for purposes of determining whether such amounts may be readjusted under part II. (b) Partnership liable for interest and penalties (1) In general If a partnership adjustment takes effect during any partnership taxable year and such adjustment results in an imputed underpayment for the adjusted year, the partnership (A) shall pay to the Secretary interest computed under paragraph (2), and (B) shall be liable for any penalty, addition to tax, or additional amount as provided in paragraph (3). (2) Determination of amount of interest The interest computed under this paragraph with respect to any partnership adjustment is the interest which would be determined under chapter 67 (A) on the imputed underpayment determined under paragraph (4) with respect to such adjustment, (B) for the period beginning on the day after the return due date for the adjusted year and ending on the return due date for the partnership taxable year in which such adjustment takes effect (or, if earlier, in the case of any adjustment to which subsection (a)(2) applies, the date on which the payment under subsection (a)(2) is made). Proper adjustments in the amount determined under the preceding sentence shall be made for adjustments required for partnership taxable years after the adjusted year and before the year in which the partnership adjustment takes effect by reason of such partnership adjustment. (3) Penalties A partnership shall be liable for any penalty, addition to tax, or additional amount for which it would have been liable if such partnership had been an individual subject to tax under chapter 1 for the adjusted year and the imputed underpayment determined under paragraph (4) were an actual underpayment (or understatement) for such year. (4) Imputed underpayment For purposes of this subsection, the imputed underpayment determined under this paragraph with respect to any partnership adjustment is the underpayment (if any) which would result (A) by netting all adjustments to items of income, gain, loss, or deduction and by treating any net increase in income as an underpayment equal to the amount of such net increase multiplied by the highest rate of tax in effect under section 1 or 11 for the adjusted year, and (B) by taking adjustments to credits into account as increases or decreases (whichever is appropriate) in the amount of tax.
For purposes of the preceding sentence, any net decrease in a loss shall be treated as an increase in income and a similar rule shall apply to a net increase in a loss. (c) Administrative provisions (1) In general Any payment required by subsection (a)(2) or (b)(1)(A) (A) shall be assessed and collected in the same manner as if it were a tax imposed by subtitle C, and (B) shall be paid on or before the return due date for the partnership taxable year in which the partnership adjustment takes effect. (2) Interest For purposes of determining interest, any payment required by subsection (a)(2) or (b)(1)(A) shall be treated as an underpayment of tax. (3) Penalties (A) In general In the case of any failure by any partnership to pay on the date prescribed therefor any amount required by subsection (a)(2) or (b)(1)(A), there is hereby imposed on such partnership a penalty of 10 percent of the underpayment. For purposes of the preceding sentence, the term underpayment means the excess of any payment required under this section over the amount (if any) paid on or before the date prescribed therefor. (B) Accuracy-related and fraud penalties made applicable For purposes of part II of subchapter A of chapter 68, any payment required by subsection (a)(2) shall be treated as an underpayment of tax. (d) Definitions and special rules For purposes of this section (1) Partnership adjustment The term partnership adjustment means any adjustment in the amount of any partnership item of an electing large partnership. (2) When adjustment takes effect A partnership adjustment takes effect (A) in the case of an adjustment pursuant to the decision of a court in a proceeding brought under part II, when such decision becomes final, (B) in the case of an adjustment pursuant to any administrative adjustment request under section 6251, when such adjustment is allowed by the Secretary, or (C) in any other case, when such adjustment is made. (3) Adjusted year The term adjusted year means the partnership taxable year to which the item being adjusted relates. (4) Return due date The term return due date means, with respect to any taxable year, the date prescribed for filing the partnership return for such taxable year (determined without regard to extensions). (5) Adjustments involving changes in character Under regulations, appropriate adjustments in the application of this section shall be made for purposes of taking into account partnership adjustments which involve a change in the character of any item of income, gain, loss, or deduction. (e) Payments nondeductible No deduction shall be allowed under subtitle A for any payment required to be made by an electing large partnership under this section.
PART IIPARTNERSHIP LEVEL ADJUSTMENTS

Subpart AAdjustments by Secretary ( 62456248) Subpart BClaims for Adjustments by Partnership ( 62516252)
Subpart AAdjustments by Secretary

6245. Secretarial authority 6246. Restrictions on partnership adjustments 6247. Judicial review of partnership adjustment 6248. Period of limitations for making adjustments
6245. Secretarial authority

(a) General rule The Secretary is authorized and directed to make adjustments at the partnership level in any partnership item to the extent necessary to have such item be treated in the manner required. (b) Notice of partnership adjustment (1) In general If the Secretary determines that a partnership adjustment is required, the Secretary is authorized to send notice of such adjustment to the partnership by certified mail or registered mail. Such notice shall be sufficient if mailed to the partnership at its last known address even if the partnership has terminated its existence. (2) Further notices restricted If the Secretary mails a notice of a partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under section 6247 with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not mail another such notice to such partnership with respect to such taxable year. (3) Authority to rescind notice with partnership consent The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment mailed to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment, for purposes of this section, section 6246, and section 6247, and the taxpayer shall have no right to bring a proceeding under section6247 with respect to such notice. Nothing in this subsection shall affect any suspension of the running of any period of limitations during any period during which the rescinded notice was outstanding.
6246. Restrictions on partnership adjustments

(a) General rule Except as otherwise provided in this chapter, no adjustment to any partnership item may be made (and no levy or proceeding in any court for the collection of any amount resulting from such adjustment may be made, begun or prosecuted) before (1) the close of the 90th day after the day on which a notice of a partnership adjustment was mailed to the partnership, and (2) if a petition is filed under section 6247 with respect to such notice, the decision of the court has become final. (b) Premature action may be enjoined Notwithstanding section 7421 (a), any action which violates subsection (a) may be enjoined in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin
any action under this subsection unless a timely petition has been filed under section 6247 and then only in respect of the adjustments that are the subject of such petition. (c) Exceptions to restrictions on adjustments (1) Adjustments arising out of math or clerical errors (A) In general If the partnership is notified that, on account of a mathematical or clerical error appearing on the partnership return, an adjustment to a partnership item is required, rules similar to the rules of paragraphs (1) and (2) of section 6213 (b) shall apply to such adjustment. (B) Special rule If an electing large partnership is a partner in another electing large partnership, any adjustment on account of such partnerships failure to comply with the requirements of section 6241 (a) with respect to its interest in such other partnership shall be treated as an adjustment referred to in subparagraph (A), except that paragraph (2) of section 6213 (b) shall not apply to such adjustment. (2) Partnership may waive restrictions The partnership shall at any time (whether or not a notice of partnership adjustment has been issued) have the right, by a signed notice in writing filed with the Secretary, to waive the restrictions provided in subsection (a) on the making of any partnership adjustment. (d) Limit where no proceeding begun If no proceeding under section 6247 is begun with respect to any notice of a partnership adjustment during the 90-day period described in subsection (a), the amount for which the partnership is liable under section 6242 (and any increase in any partners liability for tax under chapter 1 by reason of any adjustment under section 6242 (a)) shall not exceed the amount determined in accordance with such notice.
6247. Judicial review of partnership adjustment

(a) General rule Within 90 days after the date on which a notice of a partnership adjustment is mailed to the partnership with respect to any partnership taxable year, the partnership may file a petition for a readjustment of the partnership items for such taxable year with (1) the Tax Court, (2) the district court of the United States for the district in which the partnerships principal place of business is located, or (3) the Claims Court. (b) Jurisdictional requirement for bringing action in district court or Claims Court (1) In general A readjustment petition under this section may be filed in a district court of the United States or the Claims Court only if the partnership filing the petition deposits with the Secretary, on or before the date the petition is filed, the amount for which the partnership would be liable under section6242 (b) (as of the date of the filing of the petition) if the partnership items were adjusted as provided by the notice of partnership adjustment. The court may by order provide that the jurisdictional requirements of this paragraph are satisfied where there has been a good faith attempt to satisfy such requirement and any shortfall of the amount required to be deposited is timely corrected. (2) Interest payable Any amount deposited under paragraph (1), while deposited, shall not be treated as a payment of tax for purposes of this title (other than chapter 67). (c) Scope of judicial review A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all partnership items of the partnership for the partnership taxable year to which the notice of partnership adjustment relates and the proper allocation of such items among the partners (and the applicability of any penalty, addition to tax, or additional amount for which the partnership may be liable under section 6242 (b)). (d) Determination of court reviewable
Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Claims Court, as the case may be, and shall be reviewable as such. The date of any such determination shall be treated as being the date of the courts order entering the decision. (e) Effect of decision dismissing action If an action brought under this section is dismissed other than by reason of a rescission under section 6245 (b)(3), the decision of the court dismissing the action shall be considered as its decision that the notice of partnership adjustment is correct, and an appropriate order shall be entered in the records of the court.
6248. Period of limitations for making adjustments

(a) General rule Except as otherwise provided in this section, no adjustment under this subpart to any partnership item for any partnership taxable year may be made after the date which is 3 years after the later of (1) the date on which the partnership return for such taxable year was filed, or (2) the last day for filing such return for such year (determined without regard to extensions). (b) Extension by agreement The period described in subsection (a) (including an extension period under this subsection) may be extended by an agreement entered into by the Secretary and the partnership before the expiration of such period. (c) Special rule in case of fraud, etc. (1) False return In the case of a false or fraudulent partnership return with intent to evade tax, the adjustment may be made at any time. (2) Substantial omission of income If any partnership omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in its return, subsection (a) shall be applied by substituting 6 years for 3 years. (3) No return In the case of a failure by a partnership to file a return for any taxable year, the adjustment may be made at any time. (4) Return filed by Secretary For purposes of this section, a return executed by the Secretary under subsection (b) of section 6020 on behalf of the partnership shall not be treated as a return of the partnership. (d) Suspension when Secretary mails notice of adjustment If notice of a partnership adjustment with respect to any taxable year is mailed to the partnership, the running of the period specified in subsection (a) (as modified by the other provisions of this section) shall be suspended (1) for the period during which an action may be brought under section6247 (and, if a petition is filed under section 6247 with respect to such notice, until the decision of the court becomes final), and (2) for 1 year thereafter.
Subpart BClaims for Adjustments by Partnership


(a) General rule A partnership may file a request for an administrative adjustment of partnership items for any partnership taxable year at any time which is (1) within 3 years after the later of (A) the date on which the partnership return for such year is filed, or (B) the last day for filing the partnership return for such year (determined without regard to extensions), and (2) before the mailing to the partnership of a notice of a partnership adjustment with respect to such taxable year. (b) Secretarial action If a partnership files an administrative adjustment request under subsection (a), the Secretary may allow any part of the requested adjustments. (c) Special rule in case of extension under section 6248 If the period described in section 6248 (a) is extended pursuant to an agreement under section 6248 (b), the period prescribed by subsection (a)(1) shall not expire before the date 6 months after the expiration of the extension under section 6248 (b).
(a) In general If any part of an administrative adjustment request filed under section 6251 is not allowed by the Secretary, the partnership may file a petition for an adjustment with respect to the partnership items to which such part of the request relates with (1) the Tax Court, (2) the district court of the United States for the district in which the principal place of business of the partnership is located, or (3) the Claims Court. (b) Period for filing petition A petition may be filed under subsection (a) with respect to partnership items for a partnership taxable year only (1) after the expiration of 6 months from the date of filing of the request under section 6251, and (2) before the date which is 2 years after the date of such request. The 2-year period set forth in paragraph (2) shall be extended for such period as may be agreed upon in writing by the partnership and the Secretary. (c) Coordination with subpart A (1) Notice of partnership adjustment before filing of petition No petition may be filed under this section after the Secretary mails to the partnership a notice of a partnership adjustment for the partnership taxable year to which the request under section 6251 relates. (2) Notice of partnership adjustment after filing but before hearing of petition If the Secretary mails to the partnership a notice of a partnership adjustment for the partnership taxable year to which the request under section 6251 relates after the filing of a petition under this subsection but before the hearing of such petition, such petition shall be
treated as an action brought under section 6247 with respect to such notice, except that subsection (b) of section 6247 shall not apply. (3) Notice must be before expiration of statute of limitations A notice of a partnership adjustment for the partnership taxable year shall be taken into account under paragraphs (1) and (2) only if such notice is mailed before the expiration of the period prescribed by section6248 for making adjustments to partnership items for such taxable year. (d) Scope of judicial review Except in the case described in paragraph (2) of subsection (c), a court with which a petition is filed in accordance with this section shall have jurisdiction to determine only those partnership items to which the part of the request under section 6251 not allowed by the Secretary relates and those items with respect to which the Secretary asserts adjustments as offsets to the adjustments requested by the partnership. (e) Determination of court reviewable Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Claims Court, as the case may be, and shall be reviewable as such. The date of any such determination shall be treated as being the date of the courts order entering the decision.
PART IIIDEFINITIONS AND SPECIAL RULES


(a) Definitions For purposes of this subchapter (1) Electing large partnership The term electing large partnership has the meaning given to such term by section 775. (2) Partnership item The term partnership item has the meaning given to such term by section 6231 (a)(3). (b) Partners bound by actions of partnership, etc. (1) Designation of partner Each electing large partnership shall designate (in the manner prescribed by the Secretary) a partner (or other person) who shall have the sole authority to act on behalf of such partnership under this subchapter. In any case in which such a designation is not in effect, the Secretary may select any partner as the partner with such authority. (2) Binding effect An electing large partnership and all partners of such partnership shall be bound (A) by actions taken under this subchapter by the partnership, and (B) by any decision in a proceeding brought under this subchapter. (c) Partnerships having principal place of business outside the United States For purposes of sections 6247 and 6252, a principal place of business located outside the United States shall be treated as located in the District of Columbia. (d) Treatment where partnership ceases to exist If a partnership ceases to exist before a partnership adjustment under this subchapter takes effect, such adjustment shall be taken into account by the former partners of such partnership under regulations prescribed by the Secretary. (e) Date decision becomes final
For purposes of this subchapter, the principles of section 7481 (a) shall be applied in determining the date on which a decision of a district court or the Claims Court becomes final. (f) Partnerships in cases under title 11 of the United States Code (1) Suspension of period of limitations on making adjustment, assessment, or collection The running of any period of limitations provided in this subchapter on making a partnership adjustment (or provided by section 6501 or 6502on the assessment or collection of any amount required to be paid under section 6242) shall, in a case under title 11 of the United States Code, be suspended during the period during which the Secretary is prohibited by reason of such case from making the adjustment (or assessment or collection) and (A) for adjustment or assessment, 60 days thereafter, and (B) for collection, 6 months thereafter. A rule similar to the rule of section 6213 (f)(2) shall apply for purposes of section 6246. (2) Suspension of period of limitation for filing for judicial review The running of the period specified in section 6247 (a) or 6252 (b) shall, in a case under title 11 of the United States Code, be suspended during the period during which the partnership is prohibited by reason of such case from filing a petition under section 6247 or 6252 and for 60 days thereafter. (g) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subchapter, including regulations (1) to prevent abuse through manipulation of the provisions of this subchapter, and (2) providing that this subchapter shall not apply to any case described in section 6231 (c) (1) (or the regulations prescribed thereunder) where the application of this subchapter to such a case would interfere with the effective and efficient enforcement of this title. In any case to which this subchapter does not apply by reason of paragraph (2), rules similar to the rules of sections 6229 (f) and 6255 (f) shall apply.
CHAPTER 64COLLECTION
Subchapter AGeneral Provisions ( 63016306) Subchapter BReceipt of Payment ( 63116317) Subchapter CLien for Taxes ( 63206327) Subchapter DSeizure of Property for Collection of Taxes ( 63306344) [Subchapter ERepealed] ( 6361_to_6365)
Subchapter AGeneral Provisions

6301. Collection authority 6302. Mode or time of collection 6303. Notice and demand for tax 6304. Fair tax collection practices
6305. Collection of certain liability 6306. Qualified tax collection contracts
6301. Collection authority

The Secretary shall collect the taxes imposed by the internal revenue laws.
6302. Mode or time of collection

(a) Establishment by regulations If the mode or time for collecting any tax is not provided for by this title, the Secretary may establish the same by regulations. (b) Discretionary method Whether or not the method of collecting any tax imposed by chapter 21, 31, 32, or 33, or by section 4481 is specifically provided for by this title, any such tax may, under regulations prescribed by the Secretary, be collected by means of returns, stamps, coupons, tickets, books, or such other reasonable devices or methods as may be necessary or helpful in securing a complete and proper collection of the tax. (c) Use of Government depositaries The Secretary may authorize Federal Reserve banks, and incorporated banks, trust companies, domestic building and loan associations, or credit unions which are depositaries or financial agents of the United States, to receive any tax imposed under the internal revenue laws, in such manner, at such times, and under such conditions as he may prescribe; and he shall prescribe the manner, times, and conditions under which the receipt of such tax by such banks, trust companies, domestic building and loan associations, and credit unions is to be treated as payment of such tax to the Secretary. (d) Time for payment of manufacturers excise tax on sporting goods The taxes imposed by subsections (a) and (b) of section 4161 (relating to taxes on sporting goods) shall be due and payable on the date for filing the return for such taxes. (e) Time for deposit of taxes on communications services and airline tickets (1) In general Except as provided in paragraph (2), if, under regulations prescribed by the Secretary, a person is required to make deposits of any tax imposed by section 4251 or subsection (a) or (b) of section 4261 with respect to amounts considered collected by such person during any semimonthly period, such deposit shall be made not later than the 3rd day (not including Saturdays, Sundays, or legal holidays) after the close of the 1st week of the 2nd semimonthly period following the period to which such amounts relate. (2) Special rule for tax due in September (A) Amounts considered collected In the case of a person required to make deposits of the tax imposed by (i) section 4251, or (ii) effective on January 1, 1997, section 4261 or 4271, with respect to amounts considered collected by such person during any semimonthly period, the amount of such tax included in bills rendered or tickets sold during the period beginning on September 1 and ending on September 11 shall be deposited not later than September 29. (B) Special rule where September 29 is on Saturday or Sunday If September 29 falls on a Saturday or Sunday, the due date under subparagraph (A) shall be (i) in the case of Saturday, the preceding day, and (ii) in the case of Sunday, the following day. (C) Taxpayers not required to use electronic funds transfer
In the case of deposits not required to be made by electronic funds transfer, subparagraphs (A) and (B) shall be applied by substituting September 10 for September 11 and September 28 for September 29. (f) Time for deposit of certain excise taxes (1) General rule Except as otherwise provided in this subsection and subsection (e), if any person is required under regulations to make deposits of taxes under subtitle D with respect to semimonthly periods, such person shall make deposits of such taxes for the period beginning on September 16 and ending on September 26 not later than September 29. In the case of taxes imposed by sections 4261 and 4271, this paragraph shall not apply to periods before January 1, 1997. (2) Taxes on ozone depleting chemicals If any person is required under regulations to make deposits of taxes under subchapter D of chapter 38 with respect to semimonthly periods, in lieu of paragraph (1), such person shall make deposits of such taxes for (A) the second semimonthly period in August, and (B) the period beginning on September 1 and ending on September 11, not later than September 29. (3) Taxpayers not required to use electronic funds transfer In the case of deposits not required to be made by electronic funds transfer, paragraphs (1) and (2) shall be applied by substituting September 25 for September 26, September 10 for September 11, and September 28 for September 29. (4) Special rule where due date on Saturday or Sunday If, but for this paragraph, the due date under paragraph (1), (2), or (3) would fall on a Saturday or Sunday, such due date shall be deemed to be (A) in the case of Saturday, the preceding day, and (B) in the case of Sunday, the following day. (g) Deposits of social security taxes and withheld income taxes If, under regulations prescribed by the Secretary, a person is required to make deposits of taxes imposed by chapters 21, 22, and 24 on the basis of eighth-month periods, such person shall make deposits of such taxes on the 1st banking day after any day on which such person has $100,000 or more of such taxes for deposit. (h) Use of electronic fund transfer system for collection of certain taxes (1) Establishment of system (A) In general The Secretary shall prescribe such regulations as may be necessary for the development and implementation of an electronic fund transfer system which is required to be used for the collection of depository taxes. Such system shall be designed in such manner as may be necessary to ensure that such taxes are credited to the general account of the Treasury on the date on which such taxes would otherwise have been required to be deposited under the Federal tax deposit system. (B) Exemptions The regulations prescribed under subparagraph (A) may contain such exemptions as the Secretary may deem appropriate. (2) Phase-in requirements (A) In general Except as provided in subparagraph (B), the regulations referred to in paragraph (1) (i) shall contain appropriate procedures to assure that an orderly conversion from the Federal tax deposit system to the electronic fund transfer system is accomplished, and (ii) may provide for a phase-in of such electronic fund transfer system by classes of taxpayers based on the aggregate undeposited taxes of such taxpayers at the close of specified periods and any other factors the Secretary may deem appropriate. (B) Phase-in requirements The phase-in of the electronic fund transfer system shall be designed in such manner as may be necessary to ensure that (i) during each fiscal year beginning after September 30, 1993, at least the applicable required percentage of the total depository taxes imposed by chapters 21, 22, and 24 shall be collected by means of electronic fund transfer, and
(ii) during each fiscal year beginning after September 30, 1993, at least the applicable required percentage of the total other depository taxes shall be collected by means of electronic fund transfer. (C) Applicable required percentage (i) In the case of the depository taxes imposed by chapters 21, 22, and 24, the applicable required percentage is (I) 3 percent for fiscal year 1994, (II) 16.9 percent for fiscal year 1995, (III) 20.1 percent for fiscal year 1996, (IV) 58.3 percent for fiscal years 1997 and 1998, and (V) 94 percent for fiscal year 1999 and all fiscal years thereafter. (ii) In the case of other depository taxes, the applicable required percentage is (I) 3 percent for fiscal year 1994, (II) 20 percent for fiscal year 1995, (III) 30 percent for fiscal year 1996, (IV) 60 percent for fiscal years 1997 and 1998, and (V) 94 percent for fiscal year 1999 and all fiscal years thereafter. (3) Definitions For purposes of this subsection (A) Depository tax The term depository tax means any tax if the Secretary is authorized to require deposits of such tax. (B) Electronic fund transfer The term electronic fund transfer means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution or other financial intermediary to debit or credit an account. (4) Coordination with other electronic fund transfer requirements (A) Coordination with certain excise taxes In determining whether the requirements of subparagraph (B) of paragraph (2) are met, taxes required to be paid by electronic fund transfer under sections 5061 (e) and 5703 (b) shall be disregarded. (B) Additional requirement Under regulations, any tax required to be paid by electronic fund transfer under section 5061 (e) or 5703 (b) shall be paid in such a manner as to ensure that the requirements of the second sentence of paragraph (1)(A) of this subsection are satisfied. (i) Cross references For treatment of earned income advance amounts as payment of withholding and FICA taxes, see section 3507 (d).
6303. Notice and demand for tax

(a) General rule Where it is not otherwise provided by this title, the Secretary shall, as soon as practicable, and within 60 days, after the making of an assessment of a tax pursuant to section 6203, give notice to each person liable for the unpaid tax, stating the amount and demanding payment thereof. Such notice shall be left at the dwelling or usual place of business of such person, or shall be sent by mail to such persons last known address. (b) Assessment prior to last date for payment Except where the Secretary believes collection would be jeopardized by delay, if any tax is assessed prior to the last date prescribed for payment of such tax, payment of such tax shall not be demanded under subsection (a) until after such date.
6304. Fair tax collection practices

(a) Communication with the taxpayer Without the prior consent of the taxpayer given directly to the Secretary or the express permission of a court of competent jurisdiction, the Secretary may not communicate with a taxpayer in connection with the collection of any unpaid tax (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the taxpayer; (2) if the Secretary knows the taxpayer is represented by any person authorized to practice before the Internal Revenue Service with respect to such unpaid tax and has knowledge of, or can readily ascertain, such persons name and address, unless such person fails to respond within a reasonable period of time to a communication from the Secretary or unless such person consents to direct communication with the taxpayer; or (3) at the taxpayers place of employment if the Secretary knows or has reason to know that the taxpayers employer prohibits the taxpayer from receiving such communication. In the absence of knowledge of circumstances to the contrary, the Secretary shall assume that the convenient time for communicating with a taxpayer is after 8 a.m. and before 9 p.m., local time at the taxpayers location. (b) Prohibition of harassment and abuse The Secretary may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of any unpaid tax. Without limiting the general application of the foregoing, the following conduct is a violation of this subsection: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (4) Except as provided under rules similar to the rules in section 804 of the Fair Debt Collection Practices Act (15 U.S.C. 1692b), the placement of telephone calls without meaningful disclosure of the callers identity. (c) Civil action for violations of section For civil action for violations of this section, see section 7433.
6305. Collection of certain liability

(a) In general Upon receiving a certification from the Secretary of Health and Human Services, under section 452(b) of the Social Security Act with respect to any individual, the Secretary shall assess and collect the amount certified by the Secretary of Health and Human Services, in the same manner, with the same powers, and (except as provided in this section) subject to the same limitations as if such amount were a tax imposed by subtitle C the collection of which would be jeopardized by delay, except that (1) no interest or penalties shall be assessed or collected, (2) for such purposes, paragraphs (4), (6), and (8) of section 6334 (a)(relating to property exempt from levy) shall not apply, (3) there shall be exempt from levy so much of the salary, wages, or other income of an individual as is being withheld therefrom in garnishment pursuant to a judgment entered by a court of competent jurisdiction for the support of his minor children, (4) in the case of the first assessment against an individual for delinquency under a court or administrative order against such individual for a particular person or persons, the collection shall be stayed for a period of 60 days immediately following notice and demand as described in section 6303, and
(5) no additional fee may be assessed for adjustments to an amount previously certified pursuant to such section 452 (b) with respect to the same obligor. (b) Review of assessments and collections No court of the United States, whether established under article I or article III of the Constitution, shall have jurisdiction of any action, whether legal or equitable, brought to restrain or review the assessment and collection of amounts by the Secretary under subsection (a), nor shall any such assessment and collection be subject to review by the Secretary in any proceeding. This subsection does not preclude any legal, equitable, or administrative action against the State by an individual in any State court or before any State agency to determine his liability for any amount assessed against him and collected, or to recover any such amount collected from him, under this section.
6306. Qualified tax collection contracts

(a) In general Nothing in any provision of law shall be construed to prevent the Secretary from entering into a qualified tax collection contract. (b) Qualified tax collection contract For purposes of this section, the term qualified tax collection contract means any contract which (1) is for the services of any person (other than an officer or employee of the Treasury Department) (A) to locate and contact any taxpayer specified by the Secretary, (B) to request full payment from such taxpayer of an amount of Federal tax specified by the Secretary and, if such request cannot be met by the taxpayer, to offer the taxpayer an installment agreement providing for full payment of such amount during a period not to exceed 5 years, and (C) to obtain financial information specified by the Secretary with respect to such taxpayer, (2) prohibits each person providing such services under such contract from committing any act or omission which employees of the Internal Revenue Service are prohibited from committing in the performance of similar services, (3) prohibits subcontractors from (A) having contacts with taxpayers, (B) providing quality assurance services, and (C) composing debt collection notices, and (4) permits subcontractors to perform other services only with the approval of the Secretary. (c) Fees The Secretary may retain and use (1) an amount not in excess of 25 percent of the amount collected under any qualified tax collection contract for the costs of services performed under such contract, and (2) an amount not in excess of 25 percent of such amount collected for collection enforcement activities of the Internal Revenue Service. The Secretary shall keep adequate records regarding amounts so retained and used. The amount credited as paid by any taxpayer shall be determined without regard to this subsection. (d) No Federal liability The United States shall not be liable for any act or omission of any person performing services under a qualified tax collection contract. (e) Application of Fair Debt Collection Practices Act The provisions of the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) shall apply to any qualified tax collection contract, except to the extent superseded by section 6304, section 7602(c), or by any other provision of this title. (f) Cross references (1) For damages for certain unauthorized collection actions by persons performing services under a qualified tax collection contract, see section7433A.
(2) For application of Taxpayer Assistance Orders to persons performing services under a qualified tax collection contract, see section 7811 (g).
Subchapter BReceipt of Payment

6311. Payment of tax by commercially acceptable means [ 6312. Repealed.] 6313. Fractional parts of a cent 6314. Receipt for taxes 6315. Payments of estimated income tax 6316. Payment by foreign currency 6317. Payments of Federal unemployment tax for calendar quarter
6311. Payment of tax by commercially acceptable means

(a) Authority to receive It shall be lawful for the Secretary to receive for internal revenue taxes (or in payment for internal revenue stamps) any commercially acceptable means that the Secretary deems appropriate to the extent and under the conditions provided in regulations prescribed by the Secretary. (b) Ultimate liability If a check, money order, or other method of payment, including payment by credit card, debit card, or charge card so received is not duly paid, or is paid and subsequently charged back to the Secretary, the person by whom such check, or money order, or other method of payment has been tendered shall remain liable for the payment of the tax or for the stamps, and for all legal penalties and additions, to the same extent as if such check, money order, or other method of payment had not been tendered. (c) Liability of banks and others If any certified, treasurers, or cashiers check (or other guaranteed draft), or any money order, or any other means of payment that has been guaranteed by a financial institution (such as a credit card, debit card, or charge card transaction which has been guaranteed expressly by a financial institution) so received is not duly paid, the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for (1) the amount of such check (or draft) upon all assets of the financial institution on which drawn, (2) the amount of such money order upon all the assets of the issuer thereof, or (3) the guaranteed amount of any other transaction upon all the assets of the institution making such guarantee, and such amount shall be paid out of such assets in preference to any other claims whatsoever against such financial institution, issuer, or guaranteeing institution, except the necessary costs and expenses of administration and the reimbursement of the United States
for the amount expended in the redemption of the circulating notes of such financial institution. (d) Payment by other means (1) Authority to prescribe regulations The Secretary shall prescribe such regulations as the Secretary deems necessary to receive payment by commercially acceptable means, including regulations that (A) specify which methods of payment by commercially acceptable means will be acceptable, (B) specify when payment by such means will be considered received, (C) identify types of nontax matters related to payment by such means that are to be resolved by persons ultimately liable for payment and financial intermediaries, without the involvement of the Secretary, and (D) ensure that tax matters will be resolved by the Secretary, without the involvement of financial intermediaries. (2) Authority to enter into contracts Notwithstanding section 3718 (f) of title 31, United States Code, the Secretary is authorized to enter into contracts to obtain services related to receiving payment by other means where cost beneficial to the Government. The Secretary may not pay any fee or provide any other consideration under any such contract for the use of credit, debit, or charge cards for the payment of taxes imposed by subtitle A. (3) Special provisions for use of credit cards If use of credit cards is accepted as a method of payment of taxes pursuant to subsection (a) (A) a payment of internal revenue taxes (or a payment for internal revenue stamps) by a person by use of a credit card shall not be subject to section 161 of the Truth in Lending Act (15 U.S.C. 1666), or to any similar provisions of State law, if the error alleged by the person is an error relating to the underlying tax liability, rather than an error relating to the credit card account such as a computational error or numerical transposition in the credit card transaction or an issue as to whether the person authorized payment by use of the credit card, (B) a payment of internal revenue taxes (or a payment for internal revenue stamps) shall not be subject to section 170 of the Truth in Lending Act (15 U.S.C. 1666i), or to any similar provisions of State law, (C) a payment of internal revenue taxes (or a payment for internal revenue stamps) by a person by use of a debit card shall not be subject to section 908 of the Electronic Fund Transfer Act (15 U.S.C.1693f), or to any similar provisions of State law, if the error alleged by the person is an error relating to the underlying tax liability, rather than an error relating to the debit card account such as a computational error or numerical transposition in the debit card transaction or an issue as to whether the person authorized payment by use of the debit card, (D) the term creditor under section 103(f) of the Truth in Lending Act (15 U.S.C. 1602 (f)) shall not include the Secretary with respect to credit card transactions in payment of internal revenue taxes (or payment for internal revenue stamps), and (E) notwithstanding any other provision of law to the contrary, in the case of payment made by credit card or debit card transaction of an amount owed to a person as the result of the correction of an error under section 161 of the Truth in Lending Act (15 U.S.C. 1666) or section 908 of the Electronic Fund Transfer Act (15 U.S.C. 1693f), the Secretary is authorized to provide such amount to such person as a credit to that persons credit card or debit card account through the applicable credit card or debit card system. (e) Confidentiality of information (1) In general Except as otherwise authorized by this subsection, no person may use or disclose any information relating to credit or debit card transactions obtained pursuant to section 6103 (k) (9) other than for purposes directly related to the processing of such transactions, or the billing or collection of amounts charged or debited pursuant thereto. (2) Exceptions (A) Debit or credit card issuers or others acting on behalf of such issuers may also use and disclose such information for purposes directly related to servicing an issuers accounts.
(B) Debit or credit card issuers or others directly involved in the processing of credit or debit card transactions or the billing or collection of amounts charged or debited thereto may also use and disclose such information for purposes directly related to (i) statistical risk and profitability assessment; (ii) transferring receivables, accounts, or interest therein; (iii) auditing the account information; (iv) complying with Federal, State, or local law; and (v) properly authorized civil, criminal, or regulatory investigation by Federal, State, or local authorities. (3) Procedures Use and disclosure of information under this paragraph shall be made only to the extent authorized by written procedures promulgated by the Secretary. (4) Cross reference For provision providing for civil damages for violation of paragraph (1), see section 7431.
6312. Repealed. Pub. L. 925, title I, 4(a) (2), Mar. 17, 1971, 85 Stat. 5]
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 777, permitted the Secretary to receive Treasury bills, notes and certificates of indebtedness issued by the United States in payment of any internal revenue taxes or stamps.
6313. Fractional parts of a cent

In the payment of any tax imposed by this title, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent.
6314. Receipt for taxes

(a) General rule The Secretary shall, upon request, give receipts for all sums collected by him, excepting only when the same are in payment for stamps sold and delivered; but no receipt shall be issued in lieu of a stamp representing a tax. (b) Duplicate receipts for payment of estate taxes The Secretary shall, upon request, give to the person paying the tax under chapter 11 (relating to the estate tax) duplicate receipts, either of which shall be sufficient evidence of such payment, and shall entitle the executor to be credited and allowed the amount thereof by any court having jurisdiction to audit or settle his accounts. (c) Cross references (1) For receipt required to be furnished by employer to employee with respect to employment taxes, see section 6051. (2) For receipt of discharge of fiduciary from personal liability, see section2204.
6315. Payments of estimated income tax

Payment of the estimated income tax, or any installment thereof, shall be considered payment on account of the income taxes imposed by subtitle A for the taxable year.
6316. Payment by foreign currency

The Secretary is authorized in his discretion to allow payment of taxes in the currency of a foreign country under such circumstances and subject to such conditions as the Secretary may by regulations prescribe.
6317. Payments of Federal unemployment tax for calendar quarter

Payment of Federal unemployment tax for a calendar quarter or other period within a calendar year pursuant to section 6157 shall be considered payment on account of the tax imposed by chapter 23 of such calendar year.
Subchapter CLien for Taxes

PART IDUE PROCESS FOR LIENS ( 6320) PART IILIENS ( 63216327)
PART IDUE PROCESS FOR LIENS

6320. Notice and opportunity for hearing upon filing of notice of lien
6320. Notice and opportunity for hearing upon filing of notice of lien
(a) Requirement of notice (1) In general The Secretary shall notify in writing the person described in section 6321 of the filing of a notice of lien under section 6323. (2) Time and method for notice The notice required under paragraph (1) shall be (A) given in person; (B) left at the dwelling or usual place of business of such person; or (C) sent by certified or registered mail to such persons last known address, not more than 5 business days after the day of the filing of the notice of lien. (3) Information included with notice The notice required under paragraph (1) shall include in simple and nontechnical terms (A) the amount of unpaid tax; (B) the right of the person to request a hearing during the 30-day period beginning on the day after the 5-day period described in paragraph (2);
(C) the administrative appeals available to the taxpayer with respect to such lien and the procedures relating to such appeals; and (D) the provisions of this title and procedures relating to the release of liens on property. (b) Right to fair hearing (1) In general If the person requests a hearing in writing under subsection (a)(3)(B) and states the grounds for the requested hearing, such hearing shall be held by the Internal Revenue Service Office of Appeals. (2) One hearing per period A person shall be entitled to only one hearing under this section with respect to the taxable period to which the unpaid tax specified in subsection (a)(3)(A) relates. (3) Impartial officer The hearing under this subsection shall be conducted by an officer or employee who has had no prior involvement with respect to the unpaid tax specified in subsection (a)(3)(A) before the first hearing under this section or section 6330. A taxpayer may waive the requirement of this paragraph. (4) Coordination with section 6330 To the extent practicable, a hearing under this section shall be held in conjunction with a hearing under section 6330. (c) Conduct of hearing; review; suspensions For purposes of this section, subsections (c), (d) (other than paragraph (2)(B) thereof), (e), and (g) of section 6330 shall apply.
PART IILIENS
6321. Lien for taxes 6322. Period of lien 6323. Validity and priority against certain persons 6324. Special liens for estate and gift taxes 6324A. Special lien for estate tax deferred under section 6166
6324B. Special lien for additional estate tax attributable to farm, etc., valuation 6325. Release of lien or discharge of property 6326. Administrative appeal of liens 6327. Cross references
6321. Lien for taxes

If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.
6322. Period of lien

Unless another date is specifically fixed by law, the lien imposed by section 6321shall arise at the time the assessment is made and shall continue until the liability for the amount so assessed (or a judgment against the taxpayer arising out of such liability) is satisfied or becomes unenforceable by reason of lapse of time.
6323. Validity and priority against certain persons

(a) Purchasers, holders of security interests, mechanics lienors, and judgment lien creditors The lien imposed by section 6321 shall not be valid as against any purchaser, holder of a security interest, mechanics lienor, or judgment lien creditor until notice thereof which meets the requirements of subsection (f) has been filed by the Secretary. (b) Protection for certain interests even though notice filed Even though notice of a lien imposed by section 6321 has been filed, such lien shall not be valid (1) Securities With respect to a security (as defined in subsection (h)(4)) (A) as against a purchaser of such security who at the time of purchase did not have actual notice or knowledge of the existence of such lien; and (B) as against a holder of a security interest in such security who, at the time such interest came into existence, did not have actual notice or knowledge of the existence of such lien. (2) Motor vehicles With respect to a motor vehicle (as defined in subsection (h)(3)), as against a purchaser of such motor vehicle, if (A) at the time of the purchase such purchaser did not have actual notice or knowledge of the existence of such lien, and (B) before the purchaser obtains such notice or knowledge, he has acquired possession of such motor vehicle and has not thereafter relinquished possession of such motor vehicle to the seller or his agent. (3) Personal property purchased at retail With respect to tangible personal property purchased at retail, as against a purchaser in the ordinary course of the sellers trade or business, unless at the time of such purchase such purchaser intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection of any tax under this title. (4) Personal property purchased in casual sale With respect to household goods, personal effects, or other tangible personal property described in section 6334 (a) purchased (not for resale) in a casual sale for less than $1,000, as against the purchaser, but only if such purchaser does not have actual notice or knowledge (A) of the existence of such lien, or (B) that this sale is one of a series of sales. (5) Personal property subject to possessory lien With respect to tangible personal property subject to a lien under local law securing the reasonable price of the repair or improvement of such property, as against a holder of such a lien, if such holder is, and has been, continuously in possession of such property from the time such lien arose. (6) Real property tax and special assessment liens
With respect to real property, as against a holder of a lien upon such property, if such lien is entitled under local law to priority over security interests in such property which are prior in time, and such lien secures payment of (A) a tax of general application levied by any taxing authority based upon the value of such property; (B) a special assessment imposed directly upon such property by any taxing authority, if such assessment is imposed for the purpose of defraying the cost of any public improvement; or (C) charges for utilities or public services furnished to such property by the United States, a State or political subdivision thereof, or an instrumentality of any one or more of the foregoing. (7) Residential property subject to a mechanics lien for certain repairs and improvements With respect to real property subject to a lien for repair or improvement of a personal residence (containing not more than four dwelling units) occupied by the owner of such residence, as against a mechanics lienor, but only if the contract price on the contract with the owner is not more than $5,000. (8) Attorneys liens With respect to a judgment or other amount in settlement of a claim or of a cause of action, as against an attorney who, under local law, holds a lien upon or a contract enforcible against such judgment or amount, to the extent of his reasonable compensation for obtaining such judgment or procuring such settlement, except that this paragraph shall not apply to any judgment or amount in settlement of a claim or of a cause of action against the United States to the extent that the United States offsets such judgment or amount against any liability of the taxpayer to the United States. (9) Certain insurance contracts With respect to a life insurance, endowment, or annuity contract, as against the organization which is the insurer under such contract, at any time (A) before such organization had actual notice or knowledge of the existence of such lien; (B) after such organization had such notice or knowledge, with respect to advances required to be made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge; or (C) after satisfaction of a levy pursuant to section 6332 (b), unless and until the Secretary delivers to such organization a notice, executed after the date of such satisfaction, of the existence of such lien. (10) Deposit-secured loans With respect to a savings deposit, share, or other account with an institution described in section 581 or 591, to the extent of any loan made by such institution without actual notice or knowledge of the existence of such lien, as against such institution, if such loan is secured by such account. (c) Protection for certain commercial transactions financing agreements, etc. (1) In general To the extent provided in this subsection, even though notice of a lien imposed by section 6321 has been filed, such lien shall not be valid with respect to a security interest which came into existence after tax lien filing but which (A) is in qualified property covered by the terms of a written agreement entered into before tax lien filing and constituting (i) a commercial transactions financing agreement, (ii) a real property construction or improvement financing agreement, or (iii) an obligatory disbursement agreement, and (B) is protected under local law against a judgment lien arising, as of the time of tax lien filing, out of an unsecured obligation. (2) Commercial transactions financing agreement For purposes of this subsection (A) Definition The term commercial transactions financing agreement means an agreement (entered into by a person in the course of his trade or business)
(i) to make loans to the taxpayer to be secured by commercial financing security acquired by the taxpayer in the ordinary course of his trade or business, or (ii) to purchase commercial financing security (other than inventory) acquired by the taxpayer in the ordinary course of his trade or business; but such an agreement shall be treated as coming within the term only to the extent that such loan or purchase is made before the 46th day after the date of tax lien filing or (if earlier) before the lender or purchaser had actual notice or knowledge of such tax lien filing. (B) Limitation on qualified property The term qualified property, when used with respect to a commercial transactions financing agreement, includes only commercial financing security acquired by the taxpayer before the 46th day after the date of tax lien filing. (C) Commercial financing security defined The term commercial financing security means (i) paper of a kind ordinarily arising in commercial transactions, (ii) accounts receivable, (iii) mortgages on real property, and (iv) inventory. (D) Purchaser treated as acquiring security interest A person who satisfies subparagraph (A) by reason of clause (ii) thereof shall be treated as having acquired a security interest in commercial financing security (3) Real property construction or improvement financing agreement For purposes of this subsection (A) Definition The term real property construction or improvement financing agreement means an agreement to make cash disbursements to finance (i) the construction or improvement of real property, (ii) a contract to construct or improve real property, or (iii) the raising or harvesting of a farm crop or the raising of livestock or other animals. For purposes of clause (iii), the furnishing of goods and services shall be treated as the disbursement of cash. (B) Limitation on qualified property The term qualified property, when used with respect to a real property construction or improvement financing agreement, includes only (i) in the case of subparagraph (A)(i), the real property with respect to which the construction or improvement has been or is to be made, (ii) in the case of subparagraph (A)(ii), the proceeds of the contract described therein, and (iii) in the case of subparagraph (A)(iii), property subject to the lien imposed by section 6321 at the time of tax lien filing and the crop or the livestock or other animals referred to in subparagraph (A)(iii). (4) Obligatory disbursement agreement For purposes of this subsection (A) Definition The term obligatory disbursement agreement means an agreement (entered into by a person in the course of his trade or business) to make disbursements, but such an agreement shall be treated as coming within the term only to the extent of disbursements which are required to be made by reason of the intervention of the rights of a person other than the taxpayer. (B) Limitation on qualified property The term qualified property, when used with respect to an obligatory disbursement agreement, means property subject to the lien imposed by section 6321 at the time of tax lien filing and (to the extent that the acquisition is directly traceable to the disbursements referred to in subparagraph (A)) property acquired by the taxpayer after tax lien filing. (C) Special rules for surety agreements Where the obligatory disbursement agreement is an agreement ensuring the performance of a contract between the taxpayer and another person (i) the term qualified property shall be treated as also including the proceeds of the contract the performance of which was ensured, and
(ii) if the contract the performance of which was ensured was a contract to construct or improve real property, to produce goods, or to furnish services, the term qualified property shall be treated as also including any tangible personal property used by the taxpayer in the performance of such ensured contract. (d) 45-day period for making disbursements Even though notice of a lien imposed by section 6321 has been filed, such lien shall not be valid with respect to a security interest which came into existence after tax lien filing by reason of disbursements made before the 46th day after the date of tax lien filing, or (if earlier) before the person making such disbursements had actual notice or knowledge of tax lien filing, but only if such security interest (1) is in property (A) subject, at the time of tax lien filing, to the lien imposed by section 6321, and (B) covered by the terms of a written agreement entered into before tax lien filing, and (2) is protected under local law against a judgment lien arising, as of the time of tax lien filing, out of an unsecured obligation. (e) Priority of interest and expenses If the lien imposed by section 6321 is not valid as against a lien or security interest, the priority of such lien or security interest shall extend to (1) any interest or carrying charges upon the obligation secured, (2) the reasonable charges and expenses of an indenture trustee or agent holding the security interest for the benefit of the holder of the security interest, (3) the reasonable expenses, including reasonable compensation for attorneys, actually incurred in collecting or enforcing the obligation secured, (4) the reasonable costs of insuring, preserving, or repairing the property to which the lien or security interest relates, (5) the reasonable costs of insuring payment of the obligation secured, and (6) amounts paid to satisfy any lien on the property to which the lien or security interest relates, but only if the lien so satisfied is entitled to priority over the lien imposed by section 6321, to the extent that, under local law, any such item has the same priority as the lien or security interest to which it relates. (f) Place for filing notice; form (1) Place for filing The notice referred to in subsection (a) shall be filed (A) Under State laws (i) Real property In the case of real property, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated; and (ii) Personal property In the case of personal property, whether tangible or intangible, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated, except that State law merely conforming to or reenacting Federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such State; or (B) With clerk of district court In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated one office which meets the requirements of subparagraph (A); or (C) With Recorder of Deeds of the District of Columbia In the office of the Recorder of Deeds of the District of Columbia, if the property subject to the lien is situated in the District of Columbia. (2) Situs of property subject to lien For purposes of paragraphs (1) and (4), property shall be deemed to be situated (A) Real property In the case of real property, at its physical location; or (B) Personal property In the case of personal property, whether tangible or intangible, at the residence of the taxpayer at the time the notice of lien is filed.
For purposes of paragraph (2)(B), the residence of a corporation or partnership shall be deemed to be the place at which the principal executive office of the business is located, and the residence of a taxpayer whose residence is without the United States shall be deemed to be in the District of Columbia. (3) Form The form and content of the notice referred to in subsection (a) shall be prescribed by the Secretary. Such notice shall be valid notwithstanding any other provision of law regarding the form or content of a notice of lien. (4) Indexing required with respect to certain real property In the case of real property, if (A) under the laws of the State in which the real property is located, a deed is not valid as against a purchaser of the property who (at the time of purchase) does not have actual notice or knowledge of the existence of such deed unless the fact of filing of such deed has been entered and recorded in a public index at the place of filing in such a manner that a reasonable inspection of the index will reveal the existence of the deed, and (B) there is maintained (at the applicable office under paragraph (1)) an adequate system for the public indexing of Federal tax liens, then the notice of lien referred to in subsection (a) shall not be treated as meeting the filing requirements under paragraph (1) unless the fact of filing is entered and recorded in the index referred to in subparagraph (B) in such a manner that a reasonable inspection of the index will reveal the existence of the lien. (5) National filing systems The filing of a notice of lien shall be governed solely by this title and shall not be subject to any other Federal law establishing a place or places for the filing of liens or encumbrances under a national filing system. (g) Refiling of notice For purposes of this section (1) General rule Unless notice of lien is refiled in the manner prescribed in paragraph (2) during the required refiling period, such notice of lien shall be treated as filed on the date on which it is filed (in accordance with subsection (f)) after the expiration of such refiling period. (2) Place for filing A notice of lien refiled during the required refiling period shall be effective only (A) if (i) such notice of lien is refiled in the office in which the prior notice of lien was filed, and (ii) in the case of real property, the fact of refiling is entered and recorded in an index to the extent required by subsection (f)(4); and (B) in any case in which, 90 days or more prior to the date of a refiling of notice of lien under subparagraph (A), the Secretary received written information (in the manner prescribed in regulations issued by the Secretary) concerning a change in the taxpayers residence, if a notice of such lien is also filed in accordance with subsection (f) in the State in which such residence is located. (3) Required refiling period In the case of any notice of lien, the term required refiling period means (A) the one-year period ending 30 days after the expiration of 10 years after the date of the assessment of the tax, and (B) the one-year period ending with the expiration of 10 years after the close of the preceding required refiling period for such notice of lien. (4) Transitional rule Notwithstanding paragraph (3), if the assessment of the tax was made before January 1, 1962, the first required refiling period shall be the calendar year 1967. (h) Definitions For purposes of this section and section 6324 (1) Security interest The term security interest means any interest in property acquired by contract for the purpose of securing payment or performance of an obligation or indemnifying against loss or liability. A security interest exists at any time
(A) if, at such time, the property is in existence and the interest has become protected under local law against a subsequent judgment lien arising out of an unsecured obligation, and (B) to the extent that, at such time, the holder has parted with money or moneys worth. (2) Mechanics lienor The term mechanics lienor means any person who under local law has a lien on real property (or on the proceeds of a contract relating to real property) for services, labor, or materials furnished in connection with the construction or improvement of such property. For purposes of the preceding sentence, a person has a lien on the earliest date such lien becomes valid under local law against subsequent purchasers without actual notice, but not before he begins to furnish the services, labor, or materials. (3) Motor vehicle The term motor vehicle means a self-propelled vehicle which is registered for highway use under the laws of any State or foreign country. (4) Security The term security means any bond, debenture, note, or certificate or other evidence of indebtedness, issued by a corporation or a government or political subdivision thereof, with interest coupons or in registered form, share of stock, voting trust certificate, or any certificate of interest or participation in, certificate of deposit or receipt for, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing; negotiable instrument; or money. (5) Tax lien filing The term tax lien filing means the filing of notice (referred to in subsection (a)) of the lien imposed by section 6321. (6) Purchaser The term purchaser means a person who, for adequate and full consideration in money or moneys worth, acquires an interest (other than a lien or security interest) in property which is valid under local law against subsequent purchasers without actual notice. In applying the preceding sentence for purposes of subsection (a) of this section, and for purposes of section 6324 (A) a lease of property, (B) a written executory contract to purchase or lease property, (C) an option to purchase or lease property or any interest therein, or (D) an option to renew or extend a lease of property, which is not a lien or security interest shall be treated as an interest in property. (i) Special rules (1) Actual notice or knowledge For purposes of this subchapter, an organization shall be deemed for purposes of a particular transaction to have actual notice or knowledge of any fact from the time such fact is brought to the attention of the individual conducting such transaction, and in any event from the time such fact would have been brought to such individuals attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routine. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information. (2) Subrogation Where, under local law, one person is subrogated to the rights of another with respect to a lien or interest, such person shall be subrogated to such rights for purposes of any lien imposed by section6321 or 6324. (3) Forfeitures For purposes of this subchapter, a forfeiture under local law of property seized by a law enforcement agency of a State, county, or other local governmental subdivision shall relate back to the time of seizure, except that this paragraph shall not apply to the extent that under local law the holder of an intervening claim or interest would have priority over the interest of the State, county, or other local governmental subdivision in the property. (4) Cost-of-living adjustment
In the case of notices of liens imposed by section 6321 which are filed in any calendar year after 1998, each of the dollar amounts under paragraph (4) or (7) of subsection (b) shall be increased by an amount equal to (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1 (f)(3)for the calendar year, determined by substituting calendar year 1996 for calendar year 1992 in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. (j) Withdrawal of notice in certain circumstances (1) In general The Secretary may withdraw a notice of a lien filed under this section and this chapter shall be applied as if the withdrawn notice had not been filed, if the Secretary determines that (A) the filing of such notice was premature or otherwise not in accordance with administrative procedures of the Secretary, (B) the taxpayer has entered into an agreement under section 6159to satisfy the tax liability for which the lien was imposed by means of installment payments, unless such agreement provides otherwise, (C) the withdrawal of such notice will facilitate the collection of the tax liability, or (D) with the consent of the taxpayer or the National Taxpayer Advocate, the withdrawal of such notice would be in the best interests of the taxpayer (as determined by the National Taxpayer Advocate) and the United States. Any such withdrawal shall be made by filing notice at the same office as the withdrawn notice. A copy of such notice of withdrawal shall be provided to the taxpayer. (2) Notice to credit agencies, etc. Upon written request by the taxpayer with respect to whom a notice of a lien was withdrawn under paragraph (1), the Secretary shall promptly make reasonable efforts to notify credit reporting agencies, and any financial institution or creditor whose name and address is specified in such request, of the withdrawal of such notice. Any such request shall be in such form as the Secretary may prescribe.
6324. Special liens for estate and gift taxes

(a) Liens for estate tax Except as otherwise provided in subsection (c) (1) Upon gross estate Unless the estate tax imposed by chapter 11 is sooner paid in full, or becomes unenforceable by reason of lapse of time, it shall be a lien upon the gross estate of the decedent for 10 years from the date of death, except that such part of the gross estate as is used for the payment of charges against the estate and expenses of its administration, allowed by any court having jurisdiction thereof, shall be divested of such lien. (2) Liability of transferees and others If the estate tax imposed by chapter 11 is not paid when due, then the spouse, transferee, trustee (except the trustee of an employees trust which meets the requirements of section 401 (a)), surviving tenant, person in possession of the property by reason of the exercise, nonexercise, or release of a power of appointment, or beneficiary, who receives, or has on the date of the decedents death, property included in the gross estate under sections 2034 to 2042, inclusive, to the extent of the value, at the time of the decedents death, of such property, shall be personally liable for such tax. Any part of such property transferred by (or transferred by a transferee of) such spouse, transferee, trustee, surviving tenant, person in possession, or beneficiary, to a purchaser or holder of a security interest shall be divested of the lien provided in paragraph (1) and a like lien shall then attach to all the property of such spouse, transferee, trustee, surviving tenant, person in possession, or beneficiary, or transferee of any such person, except any part transferred to a purchaser or a holder of a security interest. (3) Continuance after discharge of fiduciary
The provisions of section 2204 (relating to discharge of fiduciary from personal liability) shall not operate as a release of any part of the gross estate from the lien for any deficiency that may thereafter be determined to be due, unless such part of the gross estate (or any interest therein) has been transferred to a purchaser or a holder of a security interest, in which case such part (or such interest) shall not be subject to a lien or to any claim or demand for any such deficiency, but the lien shall attach to the consideration received from such purchaser or holder of a security interest, by the heirs, legatees, devisees, or distributees. (b) Lien for gift tax Except as otherwise provided in subsection (c), unless the gift tax imposed by chapter 12 is sooner paid in full or becomes unenforceable by reason of lapse of time, such tax shall be a lien upon all gifts made during the period for which the return was filed, for 10 years from the date the gifts are made. If the tax is not paid when due, the donee of any gift shall be personally liable for such tax to the extent of the value of such gift. Any part of the property comprised in the gift transferred by the donee (or by a transferee of the donee) to a purchaser or holder of a security interest shall be divested of the lien imposed by this subsection and such lien, to the extent of the value of such gift, shall attach to all the property (including after-acquired property) of the donee (or the transferee) except any part transferred to a purchaser or holder of a security interest. (c) Exceptions (1) The lien imposed by subsection (a) or (b) shall not be valid as against a mechanics lienor and, subject to the conditions provided by section 6323(b) (relating to protection for certain interests even though notice filed), shall not be valid with respect to any lien or interest described in section6323 (b). (2) If a lien imposed by subsection (a) or (b) is not valid as against a lien or security interest, the priority of such lien or security interest shall extend to any item described in section 6323 (e) (relating to priority of interest and expenses) to the extent that, under local law, such item has the same priority as the lien or security interest to which it relates.
6324A. Special lien for estate tax deferred under section 6166
(a) General rule In the case of any estate with respect to which an election has been made under section 6166, if the executor makes an election under this section (at such time and in such manner as the Secretary shall by regulations prescribe) and files the agreement referred to in subsection (c), the deferred amount (plus any interest, additional amount, addition to tax, assessable penalty, and costs attributable to the deferred amount) shall be a lien in favor of the United States on the section 6166 lien property. (b) Section 6166 lien property (1) In general For purposes of this section, the term section 6166 lien property means interests in real and other property to the extent such interests (A) can be expected to survive the deferral period, and (B) are designated in the agreement referred to in subsection (c). (2) Maximum value of required property The maximum value of the property which the Secretary may require as section 6166 lien property with respect to any estate shall be a value which is not greater than the sum of (A) the deferred amount, and (B) the required interest amount. For purposes of the preceding sentence, the value of any property shall be determined as of the date prescribed by section 6151 (a) for payment of the tax imposed by chapter 11 and shall be determined by taking into account any encumbrance such as a lien under section 6324B. (3) Partial substitution of bond for lien
If the value required as section 6166 lien property pursuant to paragraph (2) exceeds the value of the interests in property covered by the agreement referred to in subsection (c), the Secretary may accept bond in an amount equal to such excess conditioned on the payment of the amount extended in accordance with the terms of such extension. (c) Agreement The agreement referred to in this subsection is a written agreement signed by each person in being who has an interest (whether or not in possession) in any property designated in such agreement (1) consenting to the creation of the lien under this section with respect to such property, and (2) designating a responsible person who shall be the agent for the beneficiaries of the estate and for the persons who have consented to the creation of the lien in dealings with the Secretary on matters arising under section 6166 or this section. (d) Special rules (1) Requirement that lien be filed The lien imposed by this section shall not be valid as against any purchaser, holder of a security interest, mechanics lien, or judgment lien creditor until notice thereof which meets the requirements of section6323 (f) has been filed by the Secretary. Such notice shall not be required to be refiled. (2) Period of lien The lien imposed by this section shall arise at the time the executor is discharged from liability under section 2204 (or, if earlier, at the time notice is filed pursuant to paragraph (1)) and shall continue until the liability for the deferred amount is satisfied or becomes unenforceable by reason of lapse of time. (3) Priorities Even though notice of a lien imposed by this section has been filed as provided in paragraph (1), such lien shall not be valid (A) Real property tax and special assessment liens To the extent provided in section 6323 (b)(6). (B) Real property subject to a mechanics lien for repairs and improvement In the case of any real property subject to a lien for repair or improvement, as against a mechanics lienor. (C) Real property construction or improvement financing agreement As against any security interest set forth in paragraph (3) of section6323 (c) (whether such security interest came into existence before or after tax lien filing). Subparagraphs (B) and (C) shall not apply to any security interest which came into existence after the date on which the Secretary filed notice (in a manner similar to notice filed under section 6323 (f)) that payment of the deferred amount has been accelerated under section 6166 (g). (4) Lien to be in lieu of section 6324 lien If there is a lien under this section on any property with respect to any estate, there shall not be any lien under section 6324 on such property with respect to the same estate. (5) Additional lien property required in certain cases If at any time the value of the property covered by the agreement is less than the unpaid portion of the deferred amount and the required interest amount, the Secretary may require the addition of property to the agreement (but he may not require under this paragraph that the value of the property covered by the agreement exceed such unpaid portion). If property having the required value is not added to the property covered by the agreement (or if other security equal to the required value is not furnished) within 90 days after notice and demand therefor by the Secretary, the failure to comply with the preceding sentence shall be treated as an act accelerating payment of the installments under section 6166 (g). (6) Lien to be in lieu of bond The Secretary may not require under section 6165 the furnishing of any bond for the payment of any tax to which an agreement which meets the requirements of subsection (c) applies. (e) Definitions For purposes of this section (1) Deferred amount
The term deferred amount means the aggregate amount deferred under section 6166 (determined as of the date prescribed by section6151 (a) for payment of the tax imposed by chapter 11). (2) Required interest amount The term required interest amount means the aggregate amount of interest which will be payable over the first 4 years of the deferral period with respect to the deferred amount (determined as of the date prescribed by section 6151 (a) for the payment of the tax imposed by chapter 11). (3) Deferral period The term deferral period means the period for which the payment of tax is deferred pursuant to the election under section 6166. (4) Application of definitions in case of deficiencies In the case of a deficiency, a separate deferred amount, required interest amount, and deferral period shall be determined as of the due date of the first installment after the deficiency is prorated to installments under section 6166.
6324B. Special lien for additional estate tax attributable to farm, etc., valuation
(a) General rule In the case of any interest in qualified real property (within the meaning of section 2032A (b)), an amount equal to the adjusted tax difference attributable to such interest (within the meaning of section 2032A (c)(2)(B)) shall be a lien in favor of the United States on the property in which such interest exists. (b) Period of lien The lien imposed by this section shall arise at the time an election is filed under section 2032A and shall continue with respect to any interest in the qualified real property (1) until the liability for tax under subsection (c) of section 2032A with respect to such interest has been satisfied or has become unenforceable by reason of lapse of time, or (2) until it is established to the satisfaction of the Secretary that no further tax liability may arise under section 2032A (c) with respect to such interest. (c) Certain rules and definitions made applicable (1) In general The rule set forth in paragraphs (1), (3), and (4) of section 6324A (d)shall apply with respect to the lien imposed by this section as if it were a lien imposed by section 6324A. (2) Qualified real property For purposes of this section, the term qualified real property includes qualified replacement property (within the meaning of section 2032A (h)(3)(B)) and qualified exchange property (within the meaning of section2032A (i)(3)). (d) Substitution of security for lien To the extent provided in regulations prescribed by the Secretary, the furnishing of security may be substituted for the lien imposed by this section.
6325. Release of lien or discharge of property

(a) Release of lien Subject to such regulations as the Secretary may prescribe, the Secretary shall issue a certificate of release of any lien imposed with respect to any internal revenue tax not later than 30 days after the day on which (1) Liability satisfied or unenforceable The Secretary finds that the liability for the amount assessed, together with all interest in respect thereof, has been fully satisfied or has become legally unenforceable; or (2) Bond accepted
There is furnished to the Secretary and accepted by him a bond that is conditioned upon the payment of the amount assessed, together with all interest in respect thereof, within the time prescribed by law (including any extension of such time), and that is in accordance with such requirements relating to terms, conditions, and form of the bond and sureties thereon, as may be specified by such regulations. (b) Discharge of property (1) Property double the amount of the liability Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any part of the property subject to any lien imposed under this chapter if the Secretary finds that the fair market value of that part of such property remaining subject to the lien is at least double the amount of the unsatisfied liability secured by such lien and the amount of all other liens upon such property which have priority over such lien. (2) Part payment; interest of United States valueless Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any part of the property subject to the lien if (A) there is paid over to the Secretary in partial satisfaction of the liability secured by the lien an amount determined by the Secretary, which shall not be less than the value, as determined by the Secretary, of the interest of the United States in the part to be so discharged, or (B) the Secretary determines at any time that the interest of the United States in the part to be so discharged has no value. In determining the value of the interest of the United States in the part to be so discharged, the Secretary shall give consideration to the value of such part and to such liens thereon as have priority over the lien of the United States. (3) Substitution of proceeds of sale Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any part of the property subject to the lien if such part of the property is sold and, pursuant to an agreement with the Secretary, the proceeds of such sale are to be held, as a fund subject to the liens and claims of the United States, in the same manner and with the same priority as such liens and claims had with respect to the discharged property. (4) Right of substitution of value (A) In general At the request of the owner of any property subject to any lien imposed by this chapter, the Secretary shall issue a certificate of discharge of such property if such owner (i) deposits with the Secretary an amount of money equal to the value of the interest of the United States (as determined by the Secretary) in the property; or (ii) furnishes a bond acceptable to the Secretary in a like amount. (B) Refund of deposit with interest and release of bond The Secretary shall refund the amount so deposited (and shall pay interest at the overpayment rate under section 6621), and shall release such bond, to the extent that the Secretary determines that (i) the unsatisfied liability giving rise to the lien can be satisfied from a source other than such property; or (ii) the value of the interest of the United States in the property is less than the Secretarys prior determination of such value. (C) Use of deposit, etc., if action to contest lien not filed If no action is filed under section 7426 (a)(4) within the period prescribed therefor, the Secretary shall, within 60 days after the expiration of such period (i) apply the amount deposited, or collect on such bond, to the extent necessary to satisfy the unsatisfied liability secured by the lien; and (ii) refund (with interest as described in subparagraph (B)) any portion of the amount deposited which is not used to satisfy such liability. (D) Exception Subparagraph (A) shall not apply if the owner of the property is the person whose unsatisfied liability gave rise to the lien. (c) Estate or gift tax
Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any or all of the property subject to any lien imposed by section 6324 if the Secretary finds that the liability secured by such lien has been fully satisfied or provided for. (d) Subordination of lien Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of subordination of any lien imposed by this chapter upon any part of the property subject to such lien if (1) there is paid over to the Secretary an amount equal to the amount of the lien or interest to which the certificate subordinates the lien of the United States, (2) the Secretary believes that the amount realizable by the United States from the property to which the certificate relates, or from any other property subject to the lien, will ultimately be increased by reason of the issuance of such certificate and that the ultimate collection of the tax liability will be facilitated by such subordination, or (3) in the case of any lien imposed by section 6324B, if the Secretary determines that the United States will be adequately secured after such subordination. (e) Nonattachment of lien If the Secretary determines that, because of confusion of names or otherwise, any person (other than the person against whom the tax was assessed) is or may be injured by the appearance that a notice of lien filed under section6323 refers to such person, the Secretary may issue a certificate that the lien does not attach to the property of such person. (f) Effect of certificate (1) Conclusiveness Except as provided in paragraphs (2) and (3), if a certificate is issued pursuant to this section by the Secretary and is filed in the same office as the notice of lien to which it relates (if such notice of lien has been filed) such certificate shall have the following effect: (A) in the case of a certificate of release, such certificate shall be conclusive that the lien referred to in such certificate is extinguished; (B) in the case of a certificate of discharge, such certificate shall be conclusive that the property covered by such certificate is discharged from the lien; (C) in the case of a certificate of subordination, such certificate shall be conclusive that the lien or interest to which the lien of the United States is subordinated is superior to the lien of the United States; and (D) in the case of a certificate of nonattachment, such certificate shall be conclusive that the lien of the United States does not attach to the property of the person referred to in such certificate. (2) Revocation of certificate of release or nonattachment If the Secretary determines that a certificate of release or nonattachment of a lien imposed by section 6321 was issued erroneously or improvidently, or if a certificate of release of such lien was issued pursuant to a collateral agreement entered into in connection with a compromise under section 7122 which has been breached, and if the period of limitation on collection after assessment has not expired, the Secretary may revoke such certificate and reinstate the lien (A) by mailing notice of such revocation to the person against whom the tax was assessed at his last known address, and (B) by filing notice of such revocation in the same office in which the notice of lien to which it relates was filed (if such notice of lien had been filed). Such reinstated lien (i) shall be effective on the date notice of revocation is mailed to the taxpayer in accordance with the provisions of subparagraph (A), but not earlier than the date on which any required filing of notice of revocation is filed in accordance with the provisions of subparagraph (B), and (ii) shall have the same force and effect (as of such date), until the expiration of the period of limitation on collection after assessment, as a lien imposed by section 6321 (relating to lien for taxes). (3) Certificates void under certain conditions Notwithstanding any other provision of this subtitle, any lien imposed by this chapter shall attach to any property with respect to which a certificate of discharge has been issued if the person liable for the tax reacquires such property after such certificate has been issued. (g) Filing of certificates and notices
If a certificate or notice issued pursuant to this section may not be filed in the office designated by State law in which the notice of lien imposed by section6321 is filed, such certificate or notice shall be effective if filed in the office of the clerk of the United States district court for the judicial district in which such office is situated. (h) Cross reference For provisions relating to bonds, see chapter 73 (sec. 7101 and following).
6326. Administrative appeal of liens

(a) In general In such form and at such time as the Secretary shall prescribe by regulations, any person shall be allowed to appeal to the Secretary after the filing of a notice of a lien under this subchapter on the property or the rights to property of such person for a release of such lien alleging an error in the filing of the notice of such lien. (b) Certificate of release If the Secretary determines that the filing of the notice of any lien was erroneous, the Secretary shall expeditiously (and, to the extent practicable, within 14 days after such determination) issue a certificate of release of such lien and shall include in such certificate a statement that such filing was erroneous.

(1) For lien in case of tax on distilled spirits, see section 5004. (2) For exclusion of tax liability from discharge in cases under title 11 of the United States Code, see section 523 of such title 11. (3) For recognition of tax liens in cases under title 11 of the United States Code, see sections 545 and 724 of such title 11. (4) For collection of taxes in connection with plans for individuals with regular income in cases under title 11 of the United States Code, see section 1328 of such title 11. (5) For provisions permitting the United States to be made party defendant in a proceeding in a State court for the foreclosure of a lien upon real estate where the United States may have a claim upon the premises involved, see section 2410 of Title 28 of the United States Code. (6) For priority of lien of the United States in case of insolvency, see section3713 (a) of title 31, United States Code.
Subchapter DSeizure of Property for Collection of Taxes

PART IDUE PROCESS FOR COLLECTIONS ( 6330) PART IILEVY ( 63316344)
PART IDUE PROCESS FOR COLLECTIONS

6330. Notice and opportunity for hearing before levy
6330. Notice and opportunity for hearing before levy

(a) Requirement of notice before levy (1) In general No levy may be made on any property or right to property of any person unless the Secretary has notified such person in writing of their right to a hearing under this section before such levy is made. Such notice shall be required only once for the taxable period to which the unpaid tax specified in paragraph (3)(A) relates. (2) Time and method for notice The notice required under paragraph (1) shall be (A) given in person; (B) left at the dwelling or usual place of business of such person; or (C) sent by certified or registered mail, return receipt requested, to such persons last known address; not less than 30 days before the day of the first levy with respect to the amount of the unpaid tax for the taxable period. (3) Information included with notice The notice required under paragraph (1) shall include in simple and nontechnical terms (A) the amount of unpaid tax; (B) the right of the person to request a hearing during the 30-day period under paragraph (2); and (C) the proposed action by the Secretary and the rights of the person with respect to such action, including a brief statement which sets forth (i) the provisions of this title relating to levy and sale of property; (ii) the procedures applicable to the levy and sale of property under this title; (iii) the administrative appeals available to the taxpayer with respect to such levy and sale and the procedures relating to such appeals; (iv) the alternatives available to taxpayers which could prevent levy on property (including installment agreements under section6159); and (v) the provisions of this title and procedures relating to redemption of property and release of liens on property. (b) Right to fair hearing (1) In general If the person requests a hearing in writing under subsection (a)(3)(B) and states the grounds for the requested hearing, such hearing shall be held by the Internal Revenue Service Office of Appeals. (2) One hearing per period A person shall be entitled to only one hearing under this section with respect to the taxable period to which the unpaid tax specified in subsection (a)(3)(A) relates. (3) Impartial officer The hearing under this subsection shall be conducted by an officer or employee who has had no prior involvement with respect to the unpaid tax specified in subsection (a)(3)(A) before the first hearing under this section or section 6320. A taxpayer may waive the requirement of this paragraph. (c) Matters considered at hearing In the case of any hearing conducted under this section (1) Requirement of investigation The appeals officer shall at the hearing obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met. (2) Issues at hearing (A) In general The person may raise at the hearing any relevant issue relating to the unpaid tax or the proposed levy, including
(i) appropriate spousal defenses; (ii) challenges to the appropriateness of collection actions; and (iii) offers of collection alternatives, which may include the posting of a bond, the substitution of other assets, an installment agreement, or an offer-in-compromise. (B) Underlying liability The person may also raise at the hearing challenges to the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. (3) Basis for the determination The determination by an appeals officer under this subsection shall take into consideration (A) the verification presented under paragraph (1); (B) the issues raised under paragraph (2); and (C) whether any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection action be no more intrusive than necessary. (4) Certain issues precluded An issue may not be raised at the hearing if (A) (i) the issue was raised and considered at a previous hearing under section 6320 or in any other previous administrative or judicial proceeding; and (ii) the person seeking to raise the issue participated meaningfully in such hearing or proceeding; or (B) the issue meets the requirement of clause (i) or (ii) of section6702 (b)(2)(A). This paragraph shall not apply to any issue with respect to which subsection (d)(2)(B) applies. (d) Proceeding after hearing (1) Judicial review of determination The person may, within 30 days of a determination under this section, appeal such determination to the Tax Court (and the Tax Court shall have jurisdiction with respect to such matter). (2) Jurisdiction retained at IRS Office of Appeals The Internal Revenue Service Office of Appeals shall retain jurisdiction with respect to any determination made under this section, including subsequent hearings requested by the person who requested the original hearing on issues regarding (A) collection actions taken or proposed with respect to such determination; and (B) after the person has exhausted all administrative remedies, a change in circumstances with respect to such person which affects such determination. (e) Suspension of collections and statute of limitations (1) In general Except as provided in paragraph (2), if a hearing is requested under subsection (a)(3)(B), the levy actions which are the subject of the requested hearing and the running of any period of limitations under section 6502 (relating to collection after assessment), section 6531(relating to criminal prosecutions), or section 6532 (relating to other suits) shall be suspended for the period during which such hearing, and appeals therein, are pending. In no event shall any such period expire before the 90th day after the day on which there is a final determination in such hearing. Notwithstanding the provisions of section 7421 (a), the beginning of a levy or proceeding during the time the suspension under this paragraph is in force may be enjoined by a proceeding in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction under this paragraph to enjoin any action or proceeding unless a timely appeal has been filed under subsection (d)(1) and then only in respect of the unpaid tax or proposed levy to which the determination being appealed relates. (2) Levy upon appeal Paragraph (1) shall not apply to a levy action while an appeal is pending if the underlying tax liability is not at issue in the appeal and the court determines that the Secretary has shown good cause not to suspend the levy. (f) Jeopardy and State refund collection If
(1) the Secretary has made a finding under the last sentence of section6331 (a) that the collection of tax is in jeopardy, (2) the Secretary has served a levy on a State to collect a Federal tax liability from a State tax refund, or (3) the Secretary has served a disqualified employment tax levy, this section shall not apply, except that the taxpayer shall be given the opportunity for the hearing described in this section within a reasonable period of time after the levy. (g) Frivolous requests for hearing, etc. Notwithstanding any other provision of this section, if the Secretary determines that any portion of a request for a hearing under this section or section 6320 meets the requirement of clause (i) or (ii) of section 6702 (b)(2)(A), then the Secretary may treat such portion as if it were never submitted and such portion shall not be subject to any further administrative or judicial review. (h) Disqualified employment tax levy For purposes of subsection (f), a disqualified employment tax levy is any levy in connection with the collection of employment taxes for any taxable period if the person subject to the levy (or any predecessor thereof) requested a hearing under this section with respect to unpaid employment taxes arising in the most recent 2-year period before the beginning of the taxable period with respect to which the levy is served. For purposes of the preceding sentence, the term employment taxes means any taxes under chapter 21, 22, 23, or 24.
PART IILEVY
6331. Levy and distraint 6332. Surrender of property subject to levy 6333. Production of books 6334. Property exempt from levy 6335. Sale of seized property 6336. Sale of perishable goods 6337. Redemption of property 6338. Certificate of sale; deed of real property
6339. Legal effect of certificate of sale of personal property and deed of real property 6340. Records of sale 6341. Expense of levy and sale 6342. Application of proceeds of levy 6343. Authority to release levy and return property 6344. Cross references
6331. Levy and distraint

(a) Authority of Secretary If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section. (b) Seizure and sale of property The term levy as used in this title includes the power of distraint and seizure by any means. Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible). (c) Successive seizures Whenever any property or right to property upon which levy has been made by virtue of subsection (a) is not sufficient to satisfy the claim of the United States for which levy is made, the Secretary may, thereafter, and as often as may be necessary, proceed to levy in like manner upon any other property liable to levy of the person against whom such claim exists, until the amount due from him, together with all expenses, is fully paid. (d) Requirement of notice before levy (1) In general Levy may be made under subsection (a) upon the salary or wages or other property of any person with respect to any unpaid tax only after the Secretary has notified such person in writing of his intention to make such levy. (2) 30-day requirement The notice required under paragraph (1) shall be (A) given in person, (B) left at the dwelling or usual place of business of such person, or (C) sent by certified or registered mail to such personss last known address, no less than 30 days before the day of the levy. (3) Jeopardy Paragraph (1) shall not apply to a levy if the Secretary has made a finding under the last sentence of subsection (a) that the collection of tax is in jeopardy. (4) Information included with notice The notice required under paragraph (1) shall include a brief statement which sets forth in simple and nontechnical terms (A) the provisions of this title relating to levy and sale of property, (B) the procedures applicable to the levy and sale of property under this title, (C) the administrative appeals available to the taxpayer with respect to such levy and sale and the procedures relating to such appeals, (D) the alternatives available to taxpayers which could prevent levy on the property (including installment agreements under section6159), (E) the provisions of this title relating to redemption of property and release of liens on property, and (F) the procedures applicable to the redemption of property and the release of a lien on property under this title. (e) Continuing levy on salary and wages The effect of a levy on salary or wages payable to or received by a taxpayer shall be continuous from the date such levy is first made until such levy is released under section 6343. (f) Uneconomical levy
No levy may be made on any property if the amount of the expenses which the Secretary estimates (at the time of levy) would be incurred by the Secretary with respect to the levy and sale of such property exceeds the fair market value of such property at the time of levy. (g) Levy on appearance date of summons (1) In general No levy may be made on the property of any person on any day on which such person (or officer or employee of such person) is required to appear in response to a summons issued by the Secretary for the purpose of collecting any underpayment of tax. (2) No application in case of jeopardy This subsection shall not apply if the Secretary finds that the collection of tax is in jeopardy. (h) Continuing levy on certain payments (1) In general If the Secretary approves a levy under this subsection, the effect of such levy on specified payments to or received by a taxpayer shall be continuous from the date such levy is first made until such levy is released. Notwithstanding section 6334, such continuous levy shall attach to up to 15 percent of any specified payment due to the taxpayer. (2) Specified payment For the purposes of paragraph (1), the term specified payment means (A) any Federal payment other than a payment for which eligibility is based on the income or assets (or both) of a payee, (B) any payment described in paragraph (4), (7), (9), or (11) of section 6334 (a), and (C) any annuity or pension payment under the Railroad Retirement Act or benefit under the Railroad Unemployment Insurance Act. (3) Increase in levy for certain payments Paragraph (1) shall be applied by substituting 100 percent for 15 percent in the case of any specified payment due to a vendor of goods or services sold or leased to the Federal Government. (i) No levy during pendency of proceedings for refund of divisible tax (1) In general No levy may be made under subsection (a) on the property or rights to property of any person with respect to any unpaid divisible tax during the pendency of any proceeding brought by such person in a proper Federal trial court for the recovery of any portion of such divisible tax which was paid by such person if (A) the decision in such proceeding would be res judicata with respect to such unpaid tax; or (B) such person would be collaterally estopped from contesting such unpaid tax by reason of such proceeding. (2) Divisible tax For purposes of paragraph (1), the term divisible tax means (A) any tax imposed by subtitle C; and (B) the penalty imposed by section 6672 with respect to any such tax. (3) Exceptions (A) Certain unpaid taxes This subsection shall not apply with respect to any unpaid tax if (i) the taxpayer files a written notice with the Secretary which waives the restriction imposed by this subsection on levy with respect to such tax; or (ii) the Secretary finds that the collection of such tax is in jeopardy. (B) Certain levies This subsection shall not apply to (i) any levy to carry out an offset under section 6402; and (ii) any levy which was first made before the date that the applicable proceeding under this subsection commenced. (4) Limitation on collection activity; authority to enjoin collection (A) Limitation on collection No proceeding in court for the collection of any unpaid tax to which paragraph (1) applies shall be begun by the Secretary during the pendency of a proceeding under such paragraph. This subparagraph shall not apply to (i) any counterclaim in a proceeding under such paragraph; or (ii) any proceeding relating to a proceeding under such paragraph.
(B) Authority to enjoin Notwithstanding section 7421 (a), a levy or collection proceeding prohibited by this subsection may be enjoined (during the period such prohibition is in force) by the court in which the proceeding under paragraph (1) is brought. (5) Suspension of statute of limitations on collection The period of limitations under section 6502 shall be suspended for the period during which the Secretary is prohibited under this subsection from making a levy. (6) Pendency of proceeding For purposes of this subsection, a proceeding is pending beginning on the date such proceeding commences and ending on the date that a final order or judgment from which an appeal may be taken is entered in such proceeding. (j) No levy before investigation of status of property (1) In general For purposes of applying the provisions of this subchapter, no levy may be made on any property or right to property which is to be sold under section 6335 until a thorough investigation of the status of such property has been completed. (2) Elements in investigation For purposes of paragraph (1), an investigation of the status of any property shall include (A) a verification of the taxpayers liability; (B) the completion of an analysis under subsection (f); (C) the determination that the equity in such property is sufficient to yield net proceeds from the sale of such property to apply to such liability; and (D) a thorough consideration of alternative collection methods. (k) No levy while certain offers pending or installment agreement pending or in effect (1) Offer-in-compromise pending No levy may be made under subsection (a) on the property or rights to property of any person with respect to any unpaid tax (A) during the period that an offer-in-compromise by such person under section 7122 of such unpaid tax is pending with the Secretary; and (B) if such offer is rejected by the Secretary, during the 30 days thereafter (and, if an appeal of such rejection is filed within such 30 days, during the period that such appeal is pending). For purposes of subparagraph (A), an offer is pending beginning on the date the Secretary accepts such offer for processing. (2) Installment agreements No levy may be made under subsection (a) on the property or rights to property of any person with respect to any unpaid tax (A) during the period that an offer by such person for an installment agreement under section 6159 for payment of such unpaid tax is pending with the Secretary; (B) if such offer is rejected by the Secretary, during the 30 days thereafter (and, if an appeal of such rejection is filed within such 30 days, during the period that such appeal is pending); (C) during the period that such an installment agreement for payment of such unpaid tax is in effect; and (D) if such agreement is terminated by the Secretary, during the 30 days thereafter (and, if an appeal of such termination is filed within such 30 days, during the period that such appeal is pending). (3) Certain rules to apply Rules similar to the rules of (A) paragraphs (3) and (4) of subsection (i), and (B) except in the case of paragraph (2)(C), paragraph (5) of subsection (i), shall apply for purposes of this subsection. (l) Cross references (1) For provisions relating to jeopardy, see subchapter A of chapter 70. (2) For proceedings applicable to sale of seized property see section6335. (3) For release and notice of release of levy, see section 6343.
6332. Surrender of property subject to levy

(a) Requirement Except as otherwise provided in this section, any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights (or discharge such obligation) to the Secretary, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process. (b) Special rule for life insurance and endowment contracts (1) In general A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address. (2) Satisfaction of levy Such levy shall be deemed to be satisfied if such organization pays over to the Secretary the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the meaning of section 6323(i)(1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge. (3) Enforcement proceedings The satisfaction of a levy under paragraph (2) shall be without prejudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract. (c) Special rule for banks Any bank (as defined in section 408 (n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy. (d) Enforcement of levy (1) Extent of personal liability Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at the underpayment rate established under section 6621 from the date of such levy (or, in the case of a levy described in section 6331 (d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer). Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the collection of which such levy was made. (2) Penalty for violation In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 50 percent of the amount recoverable under paragraph (1). No part of such penalty shall be credited against the tax liability for the collection of which such levy was made. (e) Effect of honoring levy Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Secretary, surrenders such property or rights to property (or discharges such obligation) to the Secretary (or who pays a liability under subsection (d)(1)) shall be discharged from any
obligation or liability to the delinquent taxpayer and any other person with respect to such property or rights to property arising from such surrender or payment. (f) Person defined The term person, as used in subsection (a), includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to surrender the property or rights to property, or to discharge the obligation.
6333. Production of books

If a levy has been made or is about to be made on any property, or right to property, any person having custody or control of any books or records, containing evidence or statements relating to the property or right to property subject to levy, shall, upon demand of the Secretary, exhibit such books or records to the Secretary.
6334. Property exempt from levy

(a) Enumeration There shall be exempt from levy (1) Wearing apparel and school books Such items of wearing apparel and such school books as are necessary for the taxpayer or for members of his family; (2) Fuel, provisions, furniture, and personal effects So much of the fuel, provisions, furniture, and personal effects in the taxpayers household, and of the arms for personal use, livestock, and poultry of the taxpayer, as does not exceed $6,250 in value; (3) Books and tools of a trade, business, or profession So many of the books and tools necessary for the trade, business, or profession of the taxpayer as do not exceed in the aggregate $3,125 in value. (4) Unemployment benefits Any amount payable to an individual with respect to his unemployment (including any portion thereof payable with respect to dependents) under an unemployment compensation law of the United States, of any State, or of the District of Columbia or of the Commonwealth of Puerto Rico. (5) Undelivered mail Mail, addressed to any person, which has not been delivered to the addressee. (6) Certain annuity and pension payments Annuity or pension payments under the Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act, special pension payments received by a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor roll (38 U.S.C.1562), and annuities based on retired or retainer pay under chapter 73of title 10 of the United States Code. (7) Workmens compensation Any amount payable to an individual as workmens compensation (including any portion thereof payable with respect to dependents) under a workmens compensation law of the United States, any State, the District of Columbia, or the Commonwealth of Puerto Rico. (8) Judgments for support of minor children If the taxpayer is required by judgment of a court of competent jurisdiction, entered prior to the date of levy, to contribute to the support of his minor children, so much of his salary, wages, or other income as is necessary to comply with such judgment. (9) Minimum exemption for wages, salary, and other income Any amount payable to or received by an individual as wages or salary for personal services, or as income derived from other sources, during any period, to the extent that the total of such amounts payable to or received by him during such period does not exceed the applicable exempt amount determined under subsection (d).
(10) Certain service-connected disability payments Any amount payable to an individual as a service-connected (within the meaning of section 101 (16) of title 38, United States Code) disability benefit under (A) subchapter II, III, IV, V,,[1] or VI of chapter 11 of such title 38, or (B) chapter 13, 21, 23, 31, 32, 34, 35, 37, or 39 of such title 38. (11) Certain public assistance payments Any amount payable to an individual as a recipient of public assistance under (A) title IV or title XVI (relating to supplemental security income for the aged, blind, and disabled) of the Social Security Act, or (B) State or local government public assistance or public welfare programs for which eligibility is determined by a needs or income test. (12) Assistance under Job Training Partnership Act Any amount payable to a participant under the Job Training Partnership Act (29 U.S.C. 1501 et seq.) from funds appropriated pursuant to such Act. (13) Residences exempt in small deficiency cases and principal residences and certain business assets exempt in absence of certain approval or jeopardy (A) Residences in small deficiency cases If the amount of the levy does not exceed $5,000 (i) any real property used as a residence by the taxpayer; or (ii) any real property of the taxpayer (other than real property which is rented) used by any other individual as a residence. (B) Principal residences and certain business assets Except to the extent provided in subsection (e) (i) the principal residence of the taxpayer (within the meaning of section 121); and (ii) tangible personal property or real property (other than real property which is rented) used in the trade or business of an individual taxpayer. (b) Appraisal The officer seizing property of the type described in subsection (a) shall appraise and set aside to the owner the amount of such property declared to be exempt. If the taxpayer objects at the time of the seizure to the valuation fixed by the officer making the seizure, the Secretary shall summon three disinterested individuals who shall make the valuation. (c) No other property exempt Notwithstanding any other law of the United States (including section 207 of the Social Security Act), no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a). (d) Exempt amount of wages, salary, or other income (1) Individuals on weekly basis In the case of an individual who is paid or receives all of his wages, salary, and other income on a weekly basis, the amount of the wages, salary, and other income payable to or received by him during any week which is exempt from levy under subsection (a)(9) shall be the exempt amount. (2) Exempt amount For purposes of paragraph (1), the term exempt amount means an amount equal to (A) the sum of (i) the standard deduction, and (ii) the aggregate amount of the deductions for personal exemptions allowed the taxpayer under section 151 in the taxable year in which such levy occurs, divided by (B) 52. Unless the taxpayer submits to the Secretary a written and properly verified statement specifying the facts necessary to determine the proper amount under subparagraph (A), subparagraph (A) shall be applied as if the taxpayer were a married individual filing a separate return with only 1 personal exemption. (3) Individuals on basis other than weekly In the case of any individual not described in paragraph (1), the amount of the wages, salary, and other income payable to or received by him during any applicable pay period or other fiscal period (as determined under regulations prescribed by the Secretary) which is exempt from levy under subsection (a)(9) shall be an amount (determined under such regulations) which as nearly as possible will result in the same total exemption from levy for such
individual over a period of time as he would have under paragraph (1) if (during such period of time) he were paid or received such wages, salary, and other income on a regular weekly basis. (e) Levy allowed on principal residences and certain business assets in certain circumstances (1) Principal residences (A) Approval required A principal residence shall not be exempt from levy if a judge or magistrate of a district court of the United States approves (in writing) the levy of such residence. (B) Jurisdiction The district courts of the United States shall have exclusive jurisdiction to approve a levy under subparagraph (A). (2) Certain business assets Property (other than a principal residence) described in subsection (a)(13)(B) shall not be exempt from levy if (A) a district director or assistant district director of the Internal Revenue Service personally approves (in writing) the levy of such property; or (B) the Secretary finds that the collection of tax is in jeopardy. An official may not approve a levy under subparagraph (A) unless the official determines that the taxpayers other assets subject to collection are insufficient to pay the amount due, together with expenses of the proceedings. (f) Levy allowed on certain specified payments Any payment described in subparagraph (B) or (C) of section 6331 (h)(2) shall not be exempt from levy if the Secretary approves the levy thereon under section 6331 (h). (g) Inflation adjustment (1) In general In the case of any calendar year beginning after 1999, each dollar amount referred to in paragraphs (2) and (3) of subsection (a) shall be increased by an amount equal to (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1 (f)(3)for such calendar year, by substituting calendar year 1998 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any dollar amount after being increased under paragraph (1) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10.
[1] So in original.
6335. Sale of seized property

(a) Notice of seizure As soon as practicable after seizure of property, notice in writing shall be given by the Secretary to the owner of the property (or, in the case of personal property, the possessor thereof), or shall be left at his usual place of abode or business if he has such within the internal revenue district where the seizure is made. If the owner cannot be readily located, or has no dwelling or place of business within such district, the notice may be mailed to his last known address. Such notice shall specify the sum demanded and shall contain, in the case of personal property, an account of the property seized and, in the case of real property, a description with reasonable certainty of the property seized. (b) Notice of sale The Secretary shall as soon as practicable after the seizure of the property give notice to the owner, in the manner prescribed in subsection (a), and shall cause a notification to be published in some newspaper published or generally circulated within the county wherein such seizure is made, or if there be no newspaper published or generally circulated in such county, shall post such notice at the post office nearest the place where the seizure is made, and in not less than two other public places. Such notice shall specify the property to be sold,
and the time, place, manner, and conditions of the sale thereof. Whenever levy is made without regard to the 10-day period provided in section 6331 (a), public notice of sale of the property seized shall not be made within such 10-day period unless section 6336 (relating to sale of perishable goods) is applicable. (c) Sale of indivisible property If any property liable to levy is not divisible, so as to enable the Secretary by sale of a part thereof to raise the whole amount of the tax and expenses, the whole of such property shall be sold. (d) Time and place of sale The time of sale shall not be less than 10 days nor more than 40 days from the time of giving public notice under subsection (b). The place of sale shall be within the county in which the property is seized, except by special order of the Secretary. (e) Manner and conditions of sale (1) In general (A) Determinations relating to minimum price Before the sale of property seized by levy, the Secretary shall determine (i) a minimum price below which such property shall not be sold (taking into account the expense of making the levy and conducting the sale), and (ii) whether, on the basis of criteria prescribed by the Secretary, the purchase of such property by the United States at such minimum price would be in the best interest of the United States. (B) Sale to highest bidder at or above minimum price If, at the sale, one or more persons offer to purchase such property for not less than the amount of the minimum price, the property shall be declared sold to the highest bidder. (C) Property deemed sold to United States at minimum price in certain cases If no person offers the amount of the minimum price for such property at the sale and the Secretary has determined that the purchase of such property by the United States would be in the best interest of the United States, the property shall be declared to be sold to the United States at such minimum price. (D) Release to owner in other cases If, at the sale, the property is not declared sold under subparagraph (B) or (C), the property shall be released to the owner thereof and the expense of the levy and sale shall be added to the amount of tax for the collection of which the levy was made. Any property released under this subparagraph shall remain subject to any lien imposed by subchapter C. (2) Additional rules applicable to sale The Secretary shall by regulations prescribe the manner and other conditions of the sale of property seized by levy. If one or more alternative methods or conditions are permitted by regulations, the Secretary shall select the alternatives applicable to the sale. Such regulations shall provide: (A) That the sale shall not be conducted in any manner other than (i) by public auction, or (ii) by public sale under sealed bids. (B) In the case of the seizure of several items of property, whether such items shall be offered separately, in groups, or in the aggregate; and whether such property shall be offered both separately (or in groups) and in the aggregate, and sold under whichever method produces the highest aggregate amount. (C) Whether the announcement of the minimum price determined by the Secretary may be delayed until the receipt of the highest bid. (D) Whether payment in full shall be required at the time of acceptance of a bid, or whether a part of such payment may be deferred for such period (not to exceed 1 month) as may be determined by the Secretary to be appropriate. (E) The extent to which methods (including advertising) in addition to those prescribed in subsection (b) may be used in giving notice of the sale. (F) Under what circumstances the Secretary may adjourn the sale from time to time (but such adjournments shall not be for a period to exceed in all 1 month). (3) Payment of amount bid If payment in full is required at the time of acceptance of a bid and is not then and there paid, the Secretary shall forthwith proceed to again sell the property in the manner provided
in this subsection. If the conditions of the sale permit part of the payment to be deferred, and if such part is not paid within the prescribed period, suit may be instituted against the purchaser for the purchase price or such part thereof as has not been paid, together with interest at the rate of 6 percent per annum from the date of the sale; or, in the discretion of the Secretary, the sale may be declared by the Secretary to be null and void for failure to make full payment of the purchase price and the property may again be advertised and sold as provided in subsections (b) and (c) and this subsection. In the event of such readvertisement and sale any new purchaser shall receive such property or rights to property, free and clear of any claim or right of the former defaulting purchaser, of any nature whatsoever, and the amount paid upon the bid price by such defaulting purchaser shall be forfeited. (4) Cross reference For provision providing for civil damages for violation of paragraph (1)(A)(i), see section 7433. (f) Right to request sale of seized property within 60 days The owner of any property seized by levy may request that the Secretary sell such property within 60 days after such request (or within such longer period as may be specified by the owner). The Secretary shall comply with such request unless the Secretary determines (and notifies the owner within such period) that such compliance would not be in the best interests of the United States. (g) Stay of sale of seized property pending Tax Court decision For restrictions on sale of seized property pending Tax Court decision, see section 6863 (b) (3).
6336. Sale of perishable goods

If the Secretary determines that any property seized is liable to perish or become greatly reduced in price or value by keeping, or that such property cannot be kept without great expense, he shall appraise the value of such property and (1) Return to owner If the owner of the property can be readily found, the Secretary shall give him notice of such determination of the appraised value of the property. The property shall be returned to the owner if, within such time as may be specified in the notice, the owner (A) Pays to the Secretary an amount equal to the appraised value, or (B) Gives bond in such form, with such sureties, and in such amount as the Secretary shall prescribe, to pay the appraised amount at such time as the Secretary determines to be appropriate in the circumstances. (2) Immediate sale If the owner does not pay such amount or furnish such bond in accordance with this section, the Secretary shall as soon as practicable make public sale of the property in accordance with such regulations as may be prescribed by the Secretary.
6337. Redemption of property

(a) Before sale Any person whose property has been levied upon shall have the right to pay the amount due, together with the expenses of the proceeding, if any, to the Secretary at any time prior to the sale thereof, and upon such payment the Secretary shall restore such property to him, and all further proceedings in connection with the levy on such property shall cease from the time of such payment. (b) Redemption of real estate after sale (1) Period The owners of any real property sold as provided in section 6335, their heirs, executors, or administrators, or any person having any interest therein, or a lien thereon, or any person in
their behalf, shall be permitted to redeem the property sold, or any particular tract of such property, at any time within 180 days after the sale thereof. (2) Price Such property or tract of property shall be permitted to be redeemed upon payment to the purchaser, or in case he cannot be found in the county in which the property to be redeemed is situated, then to the Secretary, for the use of the purchaser, his heirs, or assigns, the amount paid by such purchaser and interest thereon at the rate of 20 percent per annum. (c) Record When any lands sold are redeemed as provided in this section, the Secretary shall cause entry of the fact to be made upon the record mentioned in section6340, and such entry shall be evidence of such redemption.
6338. Certificate of sale; deed of real property

(a) Certificate of sale In the case of property sold as provided in section 6335, the Secretary shall give to the purchaser a certificate of sale upon payment in full of the purchase price. In the case of real property, such certificate shall set forth the real property purchased, for whose taxes the same was sold, the name of the purchaser, and the price paid therefor. (b) Deed to real property In the case of any real property sold as provided in section 6335 and not redeemed in the manner and within the time provided in section 6337, the Secretary shall execute (in accordance with the laws of the State in which such real property is situated pertaining to sales of real property under execution) to the purchaser of such real property at such sale, upon his surrender of the certificate of sale, a deed of the real property so purchased by him, reciting the facts set forth in the certificate. (c) Real property purchased by United States If real property is declared purchased by the United States at a sale pursuant to section 6335, the Secretary shall at the proper time execute a deed therefor; and without delay cause such deed to be duly recorded in the proper registry of deeds.
6339. Legal effect of certificate of sale of personal property and deed of real property
(a) Certificate of sale of property other than real property In all cases of sale pursuant to section 6335 of property (other than real property), the certificate of such sale (1) As evidence Shall be prima facie evidence of the right of the officer to make such sale, and conclusive evidence of the regularity of his proceedings in making the sale; and (2) As conveyances Shall transfer to the purchaser all right, title, and interest of the party delinquent in and to the property sold; and (3) As authority for transfer of corporate stock If such property consists of stocks, shall be notice, when received, to any corporation, company, or association of such transfer, and shall be authority to such corporation, company, or association to record the transfer on its books and records in the same manner as if the stocks were transferred or assigned by the party holding the same, in lieu of any original or prior certificate, which shall be void, whether canceled or not; and (4) As receipts If the subject of sale is securities or other evidences of debt, shall be a good and valid receipt to the person holding the same, as against any person holding or claiming to hold possession of such securities or other evidences of debt; and
(5) As authority for transfer of title to motor vehicle If such property consists of a motor vehicle, shall be notice, when received, to any public official charged with the registration of title to motor vehicles, of such transfer and shall be authority to such official to record the transfer on his books and records in the same manner as if the certificate of title to such motor vehicle were transferred or assigned by the party holding the same, in lieu of any original or prior certificate, which shall be void, whether canceled or not. (b) Deed of real property In the case of the sale of real property pursuant to section 6335 (1) Deed as evidence The deed of sale given pursuant to section 6338 shall be prima facie evidence of the facts therein stated; and (2) Deed as conveyance of title If the proceedings of the Secretary as set forth have been substantially in accordance with the provisions of law, such deed shall be considered and operate as a conveyance of all the right, title, and interest the party delinquent had in and to the real property thus sold at the time the lien of the United States attached thereto. (c) Effect of junior encumbrances A certificate of sale of personal property given or a deed to real property executed pursuant to section 6338 shall discharge such property from all liens, encumbrances, and titles over which the lien of the United States with respect to which the levy was made had priority. (d) Cross references (1) For distribution of surplus proceeds, see section 6342 (b). (2) For judicial procedure with respect to surplus proceeds, see section7426 (a)(2).
6340. Records of sale

(a) Requirement The Secretary shall, for each internal revenue district, keep a record of all sales of property under section 6335 and of redemptions of such property. The record shall set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed and all proceedings in making such sale, the amount of expenses, the names of the purchasers, and the date of the deed or certificate of sale of personal property. (b) Copy as evidence A copy of such record, or any part thereof, certified by the Secretary shall be evidence in any court of the truth of the facts therein stated. (c) Accounting to taxpayer The taxpayer with respect to whose liability the sale was conducted or who redeemed the property shall be furnished (1) the record under subsection (a) (other than the names of the purchasers); (2) the amount from such sale applied to the taxpayers liability; and (3) the remaining balance of such liability.
6341. Expense of levy and sale

The Secretary shall determine the expenses to be allowed in all cases of levy and sale.
6342. Application of proceeds of levy

(a) Collection of liability Any money realized by proceedings under this subchapter (whether by seizure, by surrender under section 6332 (except pursuant to subsection (c)(2) [1] thereof), or by sale of seized
property) or by sale of property redeemed by the United States (if the interest of the United States in such property was a lien arising under the provisions of this title) shall be applied as follows: (1) Expense of levy and sale First, against the expenses of the proceedings; (2) Specific tax liability on seized property If the property seized and sold is subject to a tax imposed by any internal revenue law which has not been paid, the amount remaining after applying paragraph (1) shall then be applied against such tax liability (and, if such tax was not previously assessed, it shall then be assessed); (3) Liability of delinquent taxpayer The amount, if any, remaining after applying paragraphs (1) and (2) shall then be applied against the liability in respect of which the levy was made or the sale was conducted. (b) Surplus proceeds Any surplus proceeds remaining after the application of subsection (a) shall, upon application and satisfactory proof in support thereof, be credited or refunded by the Secretary to the person or persons legally entitled thereto.
6343. Authority to release levy and return property

(a) Release of levy and notice of release (1) In general Under regulations prescribed by the Secretary, the Secretary shall release the levy upon all, or part of, the property or rights to property levied upon and shall promptly notify the person upon whom such levy was made (if any) that such levy has been released if (A) the liability for which such levy was made is satisfied or becomes unenforceable by reason of lapse of time, (B) release of such levy will facilitate the collection of such liability, (C) the taxpayer has entered into an agreement under section 6159to satisfy such liability by means of installment payments, unless such agreement provides otherwise, (D) the Secretary has determined that such levy is creating an economic hardship due to the financial condition of the taxpayer, or (E) the fair market value of the property exceeds such liability and release of the levy on a part of such property could be made without hindering the collection of such liability. For purposes of subparagraph (C), the Secretary is not required to release such levy if such release would jeopardize the secured creditor status of the Secretary. (2) Expedited determination on certain business property In the case of any tangible personal property essential in carrying on the trade or business of the taxpayer, the Secretary shall provide for an expedited determination under paragraph (1) if levy on such tangible personal property would prevent the taxpayer from carrying on such trade or business. (3) Subsequent levy The release of levy on any property under paragraph (1) shall not prevent any subsequent levy on such property. (b) Return of property If the Secretary determines that property has been wrongfully levied upon, it shall be lawful for the Secretary to return (1) the specific property levied upon, (2) an amount of money equal to the amount of money levied upon, or (3) an amount of money equal to the amount of money received by the United States from a sale of such property.
Property may be returned at any time. An amount equal to the amount of money levied upon or received from such sale may be returned at any time before the expiration of 9 months from the date of such levy. For purposes of paragraph (3), if property is declared purchased by the United States at a sale pursuant to section 6335 (e) (relating to manner and conditions of sale), the United States shall be treated as having received an amount of money equal to the minimum price determined pursuant to such section or (if larger) the amount received by the United States from the resale of such property. (c) Interest Interest shall be allowed and paid at the overpayment rate established under section 6621 (1) in a case described in subsection (b)(2), from the date the Secretary receives the money to a date (to be determined by the Secretary) preceding the date of return by not more than 30 days, or (2) in a case described in subsection (b)(3), from the date of the sale of the property to a date (to be determined by the Secretary) preceding the date of return by not more than 30 days. (d) Return of property in certain cases If (1) any property has been levied upon, and (2) the Secretary determines that (A) the levy on such property was premature or otherwise not in accordance with administrative procedures of the Secretary, (B) the taxpayer has entered into an agreement under section 6159to satisfy the tax liability for which the levy was imposed by means of installment payments, unless such agreement provides otherwise, (C) the return of such property will facilitate the collection of the tax liability, or (D) with the consent of the taxpayer or the National Taxpayer Advocate, the return of such property would be in the best interests of the taxpayer (as determined by the National Taxpayer Advocate) and the United States, the provisions of subsection (b) shall apply in the same manner as if such property had been wrongly levied upon, except that no interest shall be allowed under subsection (c). (e) Release of levy upon agreement that amount is not collectible In the case of a levy on the salary or wages payable to or received by the taxpayer, upon agreement with the taxpayer that the tax is not collectible, the Secretary shall release such levy as soon as practicable.

(a) Length of period For period within which levy may be begun in case of (1) Income, estate, and gift taxes, and taxes imposed by chapter 41, 42, 43, or 44, see sections 6502 (a) and 6503 (a)(1). (2) Employment and miscellaneous excise taxes, see section 6502 (a). (b) Delinquent collection officers For distraint proceedings against delinquent internal revenue officers, see section 7804 (c). (c) Other references For provisions relating to (1) Stamps, marks and brands, see section 6807. (2) Administration of real estate acquired by the United States, see section 7506.
[Subchapter ERepealed]
[ 6361 to 6365. Repealed.]
6361 to 6365. Repealed. Pub. L. 101508, title XI, 11801(a)(45), Nov. 5, 1990, 104 Stat. 1388522]
Section 6361, added Pub. L. 92512, title II, 202(a), Oct. 20, 1972, 86 Stat. 936; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), title XXI, 2116(c), Oct. 4, 1976, 90 Stat. 1834, 1911, set forth general rules regarding collection of State individual income taxes. Section 6362, added Pub. L. 92512, title II, 202(a), Oct. 20, 1972, 86 Stat. 938; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), title XXI, 2116(b), Oct. 4, 1976, 90 Stat. 1834, 1910; Pub. L. 95473, 2(a)(2)(H), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 95 600, title IV, 421(e)(8), Nov. 6, 1978, 92 Stat. 2877;Pub. L. 97248, title II, 201(d)(7), formerly 201(c)(7), Sept. 3, 1982, 96 Stat. 420, redesignated Pub. L. 97448, title III, 306(a)(1)(A)(i), Jan. 12, 1983, 96 Stat. 2400; Pub. L. 97354, 5(a)(41), Oct. 19, 1982, 96 Stat. 1696; Pub. L. 97424, title V, 547(b)(5), Jan. 6, 1983, 96 Stat. 2200; Pub. L. 98369, div. A, title IV, 412(b)(6), 474 (r)(35), title VII, 721(x)(5), July 18, 1984, 98 Stat. 792, 845, 972; Pub. L. 99514, title XIII, 1301(j)(8), Oct. 22, 1986, 100 Stat. 2658, related to qualified State individual income taxes. Section 6363, added Pub. L. 92512, title II, 202(a), Oct. 20, 1972, 86 Stat. 942; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98620, title IV, 402(28)(C), Nov. 8, 1984, 98 Stat. 3359, related to State agreements and other procedures. Section 6364, added Pub. L. 92512, title II, 202(a), Oct. 20, 1972, 86 Stat. 944; amended Pub. L. 94455, title XIX, 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, authorized Secretary to prescribe regulations for this subchapter. Section 6365, added Pub. L. 92512, title II, 202(a), Oct. 20, 1972, 86 Stat. 944; amended Pub. L. 94455, title XIX, 1906(a)(21), Oct. 4, 1976, 90 Stat. 1826; Pub. L. 97 248, title III, 307(a)(8), 308 (a), Sept. 3, 1982, 96 Stat. 589, 591; Pub. L. 9867, title I, 102(a), Aug. 5, 1983, 97 Stat. 369, set forth definitions and special rules for this subchapter.
CHAPTER 65ABATEMENTS, CREDITS, AND REFUNDS

Subchapter AProcedure in General ( 64016408) Subchapter BRules of Special Application ( 64116432)
Subchapter AProcedure in General

6401. Amounts treated as overpayments
6402. Authority to make credits or refunds 6403. Overpayment of installment 6404. Abatements 6405. Reports of refunds and credits 6406. Prohibition of administrative review of decisions 6407. Date of allowance of refund or credit 6408. State escheat laws not to apply
6401. Amounts treated as overpayments

(a) Assessment and collection after limitation period. The term overpayment includes that part of the amount of the payment of any internal revenue tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto. (b) Excessive credits (1) In general If the amount allowable as credits under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) exceeds the tax imposed by subtitle A (reduced by the credits allowable under subparts A, B, D, G, H, I, and J of such part IV), the amount of such excess shall be considered an overpayment. (2) Special rule for credit under section 33 For purposes of paragraph (1), any credit allowed under section 33(relating to withholding of tax on nonresident aliens and on foreign corporations) for any taxable year shall be treated as a credit allowable under subpart C of part IV of subchapter A of chapter 1 only if an election under subsection (g) or (h) of section 6013 is in effect for such taxable year. The preceding sentence shall not apply to any credit so allowed by reason of section 1446. (c) Rule where no tax liability An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.
6402. Authority to make credits or refunds

(a) General rule In the case of any overpayment, the Secretary, within the applicable period of limitations, may credit the amount of such overpayment, including any interest allowed thereon, against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall, subject to subsections (c), (d), (e), and (f) [1] refund any balance to such person. (b) Credits against estimated tax The Secretary is authorized to prescribe regulations providing for the crediting against the estimated income tax for any taxable year of the amount determined by the taxpayer or the Secretary to be an overpayment of the income tax for a preceding taxable year. (c) Offset of past-due support against overpayments The amount of any overpayment to be refunded to the person making the overpayment shall be reduced by the amount of any past-due support (as defined in section 464(c) of the Social Security Act) owed by that person of which the Secretary has been notified by a State in accordance with section 464 of of [2] such Act. The Secretary shall remit the amount by which the overpayment is so reduced to the State collecting such support and notify the person
making the overpayment that so much of the overpayment as was necessary to satisfy his obligation for past-due support has been paid to the State. The Secretary shall apply a reduction under this subsection first to an amount certified by the State as past due support under section 464 of the Social Security Act before any other reductions allowed by law. This subsection shall be applied to an overpayment prior to its being credited to a persons future liability for an internal revenue tax. (d) Collection of debts owed to Federal agencies (1) In general Upon receiving notice from any Federal agency that a named person owes a past-due legally enforceable debt (other than past-due support subject to the provisions of subsection (c)) to such agency, the Secretary shall (A) reduce the amount of any overpayment payable to such person by the amount of such debt; (B) pay the amount by which such overpayment is reduced under subparagraph (A) to such agency; and (C) notify the person making such overpayment that such overpayment has been reduced by an amount necessary to satisfy such debt. (2) Priorities for offset Any overpayment by a person shall be reduced pursuant to this subsection after such overpayment is reduced pursuant to subsection (c) with respect to past-due support collected pursuant to an assignment under section 402(a)(26) [3] of the Social Security Act and before such overpayment is reduced pursuant to subsections (e) and (f) and before such overpayment is credited to the future liability for tax of such person pursuant to subsection (b). If the Secretary receives notice from a Federal agency or agencies of more than one debt subject to paragraph (1) that is owed by a person to such agency or agencies, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. (3) Treatment of OASDI overpayments (A) Requirements Paragraph (1) shall apply with respect to an OASDI overpayment only if the requirements of paragraphs (1) and (2) of section 3720A(f) of title 31, United States Code, are met with respect to such overpayment. (B) Notice; protection of other persons filing joint return (i) Notice In the case of a debt consisting of an OASDI overpayment, if the Secretary determines upon receipt of the notice referred to in paragraph (1) that the refund from which the reduction described in paragraph (1)(A) would be made is based upon a joint return, the Secretary shall (I) notify each taxpayer filing such joint return that the reduction is being made from a refund based upon such return, and (II) include in such notification a description of the procedures to be followed, in the case of a joint return, to protect the share of the refund which may be payable to another person. (ii) Adjustments based on protections given to other taxpayers on joint return If the other person filing a joint return with the person owing the OASDI overpayment takes appropriate action to secure his or her proper share of the refund subject to reduction under this subsection, the Secretary shall pay such share to such other person. The Secretary shall deduct the amount of such payment from amounts which are derived from subsequent reductions in refunds under this subsection and are payable to a trust fund referred to in subparagraph (C). (C) Deposit of amount of reduction into appropriate trust fund In lieu of payment, pursuant to paragraph (1)(B), of the amount of any reduction under this subsection to the Commissioner of Social Security, the Secretary shall deposit such amount in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary as appropriate by the Commissioner of Social Security. (D) OASDI overpayment For purposes of this paragraph, the term OASDI overpayment means any overpayment of benefits made to an individual under title II of the Social Security Act. (e) Collection of past-due, legally enforceable State income tax obligations
(1) In general Upon receiving notice from any State that a named person owes a past-due, legally enforceable State income tax obligation to such State, the Secretary shall, under such conditions as may be prescribed by the Secretary (A) reduce the amount of any overpayment payable to such person by the amount of such State income tax obligation; (B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify such State of such persons name, taxpayer identification number, address, and the amount collected; and (C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State income tax obligation. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. (2) Offset permitted only against residents of State seeking offset Paragraph (1) shall apply to an overpayment by any person for a taxable year only if the address shown on the Federal return for such taxable year of the overpayment is an address within the State seeking the offset. (3) Priorities for offset Any overpayment by a person shall be reduced pursuant to this subsection (A) after such overpayment is reduced pursuant to (i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (ii) subsection (c) with respect to past-due support; and (iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and (B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from one or more agencies of the State of more than one debt subject to paragraph (1) or subsection (f) that is owed by such person to such an agency, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. (4) Notice; consideration of evidence No State may take action under this subsection until such State (A) notifies by certified mail with return receipt the person owing the past-due State income tax liability that the State proposes to take action pursuant to this section; (B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; (C) considers any evidence presented by such person and determines that an amount of such debt is past-due and legally enforceable; and (D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such State income tax obligation. (5) Past-due, legally enforceable State income tax obligation For purposes of this subsection, the term past-due, legally enforceable State income tax obligation means a debt (A) (i) which resulted from (I) a judgment rendered by a court of competent jurisdiction which has determined an amount of State income tax to be due; or (II) a determination after an administrative hearing which has determined an amount of State income tax to be due; and (ii) which is no longer subject to judicial review; or (B) which resulted from a State income tax which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. For purposes of this paragraph, the term State income tax includes any local income tax administered by the chief tax administration agency of the State.
(6) Regulations The Secretary shall issue regulations prescribing the time and manner in which States must submit notices of past-due, legally enforceable State income tax obligations and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State income taxes and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations may require States to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. (7) Erroneous payment to State Any State receiving notice from the Secretary that an erroneous payment has been made to such State under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State). (f) Collection of unemployment compensation debts resulting from fraud (1) In general Upon receiving notice from any State that a named person owes a covered unemployment compensation debt to such State, the Secretary shall, under such conditions as may be prescribed by the Secretary (A) reduce the amount of any overpayment payable to such person by the amount of such covered unemployment compensation debt; (B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify such State of such persons name, taxpayer identification number, address, and the amount collected; and (C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a covered unemployment compensation debt. If an offset is made pursuant to a joint return, the notice under subparagraph (C) shall include information related to the rights of a spouse of a person subject to such an offset. (2) Priorities for offset Any overpayment by a person shall be reduced pursuant to this subsection (A) after such overpayment is reduced pursuant to (i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (ii) subsection (c) with respect to past-due support; and (iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and (B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from a State or States of more than one debt subject to paragraph (1) or subsection (e) that is owed by a person to such State or States, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. (3) Offset permitted only against residents of State seeking offset Paragraph (1) shall apply to an overpayment by any person for a taxable year only if the address shown on the Federal return for such taxable year of the overpayment is an address within the State seeking the offset. (4) Notice; consideration of evidence No State may take action under this subsection until such State (A) notifies by certified mail with return receipt the person owing the covered unemployment compensation debt that the State proposes to take action pursuant to this section; (B) provides such person at least 60 days to present evidence that all or part of such liability is not legally enforceable or due to fraud; (C) considers any evidence presented by such person and determines that an amount of such debt is legally enforceable and due to fraud; and (D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such covered unemployment compensation debt.
(5) Covered unemployment compensation debt For purposes of this subsection, the term covered unemployment compensation debt means (A) a past-due debt for erroneous payment of unemployment compensation due to fraud which has become final under the law of a State certified by the Secretary of Labor pursuant to section 3304 and which remains uncollected for not more than 10 years; (B) contributions due to the unemployment fund of a State for which the State has determined the person to be liable due to fraud and which remain uncollected for not more than 10 years; and (C) any penalties and interest assessed on such debt. (6) Regulations (A) In general The Secretary may issue regulations prescribing the time and manner in which States must submit notices of covered unemployment compensation debt and the necessary information that must be contained in or accompany such notices. The regulations may specify the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. (B) Fee payable to Secretary The regulations may require States to pay a fee to the Secretary, which may be deducted from amounts collected, to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. (C) Submission of notices through Secretary of Labor The regulations may include a requirement that States submit notices of covered unemployment compensation debt to the Secretary via the Secretary of Labor in accordance with procedures established by the Secretary of Labor. Such procedures may require States to pay a fee to the Secretary of Labor to reimburse the Secretary of Labor for the costs of applying this subsection. Any such fee shall be established in consultation with the Secretary of the Treasury. Any fee paid to the Secretary of Labor may be deducted from amounts collected and shall be used to reimburse the appropriation account which bore all or part of the cost of applying this subsection. (7) Erroneous payment to State Any State receiving notice from the Secretary that an erroneous payment has been made to such State under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State). (8) Termination This section shall not apply to refunds payable after the date which is 10 years after the date of the enactment of this subsection. (g) Review of reductions No court of the United States shall have jurisdiction to hear any action, whether legal or equitable, brought to restrain or review a reduction authorized by subsection (c), (d), (e), or (f). No such reduction shall be subject to review by the Secretary in an administrative proceeding. No action brought against the United States to recover the amount of any such reduction shall be considered to be a suit for refund of tax. This subsection does not preclude any legal, equitable, or administrative action against the Federal agency or State to which the amount of such reduction was paid or any such action against the Commissioner of Social Security which is otherwise available with respect to recoveries of overpayments of benefits under section 204 of the Social Security Act. (h) Federal agency For purposes of this section, the term Federal agency means a department, agency, or instrumentality of the United States, and includes a Government corporation (as such term is defined in section 103 of title 5, United States Code). (i) Treatment of payments to States The Secretary may provide that, for purposes of determining interest, the payment of any amount withheld under subsection (c), (e), or (f) to a State shall be treated as a payment to the person or persons making the overpayment.
(j) Cross reference For procedures relating to agency notification of the Secretary, see section3721 of title 31, United States Code. (k) Refunds to certain fiduciaries of insolvent members of affiliated groups Notwithstanding any other provision of law, in the case of an insolvent corporation which is a member of an affiliated group of corporations filing a consolidated return for any taxable year and which is subject to a statutory or court-appointed fiduciary, the Secretary may by regulation provide that any refund for such taxable year may be paid on behalf of such insolvent corporation to such fiduciary to the extent that the Secretary determines that the refund is attributable to losses or credits of such insolvent corporation. (l) Explanation of reason for refund disallowance In the case of a disallowance of a claim for refund, the Secretary shall provide the taxpayer with an explanation for such disallowance.
[1] So in original. Probably should be followed by a comma. [2] So in original. [3] See References in Text note below.
6403. Overpayment of installment

In the case of a tax payable in installments, if the taxpayer has paid as an installment of the tax more than the amount determined to be the correct amount of such installment, the overpayment shall be credited against the unpaid installments, if any. If the amount already paid, whether or not on the basis of installments, exceeds the amount determined to be the correct amount of the tax, the overpayment shall be credited or refunded as provided in section 6402.
6404. Abatements
(a) General rule The Secretary is authorized to abate the unpaid portion of the assessment of any tax or any liability in respect thereof, which (1) is excessive in amount, or (2) is assessed after the expiration of the period of limitation properly applicable thereto, or (3) is erroneously or illegally assessed. (b) No claim for abatement of income, estate, and gift taxes No claim for abatement shall be filed by a taxpayer in respect of any assessment of any tax imposed under subtitle A or B. (c) Small tax balances The Secretary is authorized to abate the unpaid portion of the assessment of any tax, or any liability in respect thereof, if the Secretary determines under uniform rules prescribed by the Secretary that the administration and collection costs involved would not warrant collection of the amount due. (d) Assessments attributable to certain mathematical errors by Internal Revenue Service In the case of an assessment of any tax imposed by chapter 1 attributable in whole or in part to a mathematical error described in section 6213 (g)(2)(A), if the return was prepared by an officer or employee of the Internal Revenue Service acting in his official capacity to provide assistance to taxpayers in the preparation of income tax returns, the Secretary is authorized to abate the assessment of all or any part of any interest on such deficiency for any period
ending on or before the 30th day following the date of notice and demand by the Secretary for payment of the deficiency. (e) Abatement of interest attributable to unreasonable errors and delays by Internal Revenue Service (1) In general In the case of any assessment of interest on (A) any deficiency attributable in whole or in part to any unreasonable error or delay by an officer or employee of the Internal Revenue Service (acting in his official capacity) in performing a ministerial or managerial act, or (B) any payment of any tax described in section 6212 (a) to the extent that any unreasonable error or delay in such payment is attributable to such an officer or employee being erroneous or dilatory in performing a ministerial or managerial act, the Secretary may abate the assessment of all or any part of such interest for any period. For purposes of the preceding sentence, an error or delay shall be taken into account only if no significant aspect of such error or delay can be attributed to the taxpayer involved, and after the Internal Revenue Service has contacted the taxpayer in writing with respect to such deficiency or payment. (2) Interest abated with respect to erroneous refund check The Secretary shall abate the assessment of all interest on any erroneous refund under section 6602 until the date demand for repayment is made, unless (A) the taxpayer (or a related party) has in any way caused such erroneous refund, or (B) such erroneous refund exceeds $50,000. (f) Abatement of any penalty or addition to tax attributable to erroneous written advice by the Internal Revenue Service (1) In general The Secretary shall abate any portion of any penalty or addition to tax attributable to erroneous advice furnished to the taxpayer in writing by an officer or employee of the Internal Revenue Service, acting in such officers or employees official capacity. (2) Limitations Paragraph (1) shall apply only if (A) the written advice was reasonably relied upon by the taxpayer and was in response to a specific written request of the taxpayer, and (B) the portion of the penalty or addition to tax did not result from a failure by the taxpayer to provide adequate or accurate information. (3) Initial regulations Within 180 days after the date of the enactment of this subsection, the Secretary shall prescribe such initial regulations as may be necessary to carry out this subsection. (g) Suspension of interest and certain penalties where Secretary fails to contact taxpayer (1) Suspension (A) In general In the case of an individual who files a return of tax imposed by subtitle A for a taxable year on or before the due date for the return (including extensions), if the Secretary does not provide a notice to the taxpayer specifically stating the taxpayers liability and the basis for the liability before the close of the 36-month period beginning on the later of (i) the date on which the return is filed; or (ii) the due date of the return without regard to extensions, the Secretary shall suspend the imposition of any interest, penalty, addition to tax, or additional amount with respect to any failure relating to the return which is computed by reference to the period of time the failure continues to exist and which is properly allocable to the suspension period. (B) Separate application This paragraph shall be applied separately with respect to each item or adjustment. If, after the return for a taxable year is filed, the taxpayer provides to the Secretary 1 or more signed written documents showing that the taxpayer owes an additional amount of tax for the taxable year, clause (i) shall be applied by substituting the date the last of the documents was provided for the date on which the return is filed. (2) Exceptions
Paragraph (1) shall not apply to (A) any penalty imposed by section 6651; (B) any interest, penalty, addition to tax, or additional amount in a case involving fraud; (C) any interest, penalty, addition to tax, or additional amount with respect to any tax liability shown on the return; (D) any interest, penalty, addition to tax, or additional amount with respect to any gross misstatement; (E) any interest, penalty, addition to tax, or additional amount with respect to any reportable transaction with respect to which the requirement of section 6664 (d)(2)(A) is not met and any listed transaction (as defined in 6707A(c)); or (F) any criminal penalty. (3) Suspension period For purposes of this subsection, the term suspension period means the period (A) beginning on the day after the close of the 36-month period under paragraph (1); and (B) ending on the date which is 21 days after the date on which notice described in paragraph (1)(A) is provided by the Secretary. (h) Review of denial of request for abatement of interest (1) In general The Tax Court shall have jurisdiction over any action brought by a taxpayer who meets the requirements referred to in section 7430 (c)(4)(A)(ii) to determine whether the Secretarys failure to abate interest under this section was an abuse of discretion, and may order an abatement, if such action is brought within 180 days after the date of the mailing of the Secretarys final determination not to abate such interest. (2) Special rules (A) Date of mailing Rules similar to the rules of section 6213 shall apply for purposes of determining the date of the mailing referred to in paragraph (1). (B) Relief Rules similar to the rules of section 6512 (b) shall apply for purposes of this subsection. (C) Review An order of the Tax Court under this subsection shall be reviewable in the same manner as a decision of the Tax Court, but only with respect to the matters determined in such order. (i) Cross reference For authority to suspend running of interest, etc. by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
6405. Reports of refunds and credits

(a) By Treasury to Joint Committee No refund or credit of any income, war profits, excess profits, estate, or gift tax, or any tax imposed with respect to public charities, private foundations, operators trust funds, pension plans, or real estate investment trusts under chapter 41, 42, 43, or 44, in excess of $2,000,000 shall be made until after the expiration of 30 days from the date upon which a report giving the name of the person to whom the refund or credit is to be made, the amount of such refund or credit, and a summary of the facts and the decision of the Secretary, is submitted to the Joint Committee on Taxation. (b) Tentative adjustments Any credit or refund allowed or made under section 6411 shall be made without regard to the provisions of subsection (a) of this section. In any such case, if the credit or refund, reduced by any deficiency in such tax thereafter assessed and by deficiencies in any other tax resulting from adjustments reflected in the determination of the credit or refund, is in excess of $2,000,000, there shall be submitted to such committee a report containing the matter specified in subsection (a) at such time after the making of the credit or refund as the Secretary shall determine the correct amount of the tax. (c) Refunds attributable to certain disaster losses
If any refund or credit of income taxes is attributable to the taxpayers election under section 165 (i) to deduct a disaster loss for the taxable year immediately preceding the taxable year in which the disaster occurred, the Secretary is authorized in his discretion to make the refund or credit, to the extent attributable to such election, without regard to the provisions of subsection (a) of this section. If such refund or credit is made without regard to subsection (a), there shall thereafter be submitted to such Joint Committee a report containing the matter specified in subsection (a) as soon as the Secretary shall determine the correct amount of the tax for the taxable year for which the refund or credit is made.
6406. Prohibition of administrative review of decisions

In the absence of fraud or mistake in mathematical calculation, the findings of fact in and the decision of the Secretary upon the merits of any claim presented under or authorized by the internal revenue laws and the allowance or non-allowance by the Secretary of interest on any credit or refund under the internal revenue laws shall not, except as provided in subchapters C and D of chapter 76 (relating to the Tax Court), be subject to review by any other administrative or accounting officer, employee, or agent of the United States.
6407. Date of allowance of refund or credit

The date on which the Secretary first authorizes the scheduling of an overassessment in respect of any internal revenue tax shall be considered as the date of allowance of refund or credit in respect of such tax.
6408. State escheat laws not to apply

No overpayment of any tax imposed by this title shall be refunded (and no interest with respect to any such overpayment shall be paid) if the amount of such refund (or interest) would escheat to a State or would otherwise become the property of a State under any law relating to the disposition of unclaimed or abandoned property. No refund (or payment of interest) shall be made to the estate of any decedent unless it is affirmatively shown that such amount will not escheat to a State or otherwise become the property of a State under such a law.
Subchapter BRules of Special Application

6411. Tentative carryback and refund adjustments 6412. Floor stocks refunds 6413. Special rules applicable to certain employment taxes 6414. Income tax withheld 6415. Credits or refunds to persons who collected certain taxes 6416. Certain taxes on sales and services [ 6417. Repealed.]
[ 6418. Repealed.] 6419. Excise tax on wagering 6420. Gasoline used on farms
6421. Gasoline used for certain nonhighway purposes, used by local transit systems, or sold for certain exempt purposes 6422. Cross references 6423. Conditions to allowance in the case of alcohol and tobacco taxes [ 6424. Repealed.] 6425. Adjustment of overpayment of estimated income tax by corporation 6426. Credit for alcohol fuel, biodiesel, and alternative fuel mixtures 6427. Fuels not used for taxable purposes 6428. 2008 recovery rebates for individuals 6429. Advance payment of portion of increased child credit for 2003
6430. Treatment of tax imposed at Leaking Underground Storage Tank Trust Fund financing rate 6431. Credit for qualified bonds allowed to issuer 6432. COBRA premium assistance
6411. Tentative carryback and refund adjustments

(a) Application for adjustment A taxpayer may file an application for a tentative carryback adjustment of the tax for the prior taxable year affected by a net operating loss carryback provided in section 172 (b), by a business credit carryback provided in section39, or by a capital loss carryback provided in subsection (a)(1) or (c) of section1212, from any taxable year. The application shall be verified in the manner prescribed by section 6065 in the case of a return of such taxpayer and shall be filed, on or after the date of filing for the return for the taxable year of the net operating loss, net capital loss, or unused business credit from which the carryback results and within a period of 12 months after such taxable year or, with respect to any portion of a business credit carryback attributable to a net operating loss carryback or a net capital loss carryback from a subsequent taxable year, in the manner and form required by regulations prescribed by the Secretary. The applications shall set forth in such detail and with such supporting data and explanation as such regulations shall require (1) The amount of the net operating loss, net capital loss, or unused business credit; (2) The amount of the tax previously determined for the prior taxable year affected by such carryback, the tax previously determined being ascertained in accordance with the method prescribed in section 1314 (a); (3) The amount of decrease in such tax, attributable to such carryback, such decrease being determined by applying the carryback in the manner provided by law to the items on the basis of which such tax was determined;
(4) The unpaid amount of such tax, not including any amount required to be shown under paragraph (5); (5) The amount, with respect to the tax for the taxable year immediately preceding the taxable year from which the carryback is made, as to which an extension of time for payment under section 6164 is in effect; and (6) Such other information for purposes of carrying out the provisions of this section as may be required by such regulations. Except for purposes of applying section 6611 (f)(4)(B), an application under this subsection shall not constitute a claim for credit or refund. (b) Allowance of adjustments Within a period of 90 days from the date on which an application for a tentative carryback adjustment is filed under subsection (a), or from the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for filing the return for the taxable year of the net operating loss, net capital loss, or unused business credit from which such carryback results, whichever is the later, the Secretary shall make, to the extent he deems practicable in such period, a limited examination of the application, to discover omissions and errors of computation therein, and shall determine the amount of the decrease in the tax attributable to such carryback upon the basis of the application and the examination, except that the Secretary may disallow, without further action, any application which he finds contains errors of computation which he deems cannot be corrected by him within such 90-day period or material omissions. Such decrease shall be applied against any unpaid amount of the tax decreased (including any amount of such tax as to which an extension of time under section 6164 is in effect) and any remainder shall be credited against any unsatisfied amount of any tax for the taxable year immediately preceding the taxable year of the net operating loss, net capital loss, or unused business credit the time for payment of which tax is extended under section 6164. Any remainder shall, within such 90day period, be either credited against any tax or installment thereof then due from the taxpayer, or refunded to the taxpayer. (c) Consolidated returns If the corporation seeking a tentative carryback adjustment under this section, made or was required to make a consolidated return, either for the taxable year within which the net operating loss, net capital loss, or unused business credit arises, or for the preceding taxable year affected by such loss or credit, the provisions of this section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe. (d) Tentative refund of tax under claim of right adjustment (1) Application A taxpayer may file an application for a tentative refund of any amount treated as an overpayment of tax for the taxable year under section1341 (b)(1). Such application shall be in such manner and form as the Secretary may prescribe by regulation and shall (A) be verified in the same manner as an application under subsection (a), (B) be filed during the period beginning on the date of filing the return for such taxable year and ending on the date 12 months from the last day of such taxable year, and (C) set forth in such detail and with such supporting data such regulations prescribe (i) the amount of the tax for such taxable year computed without regard to the deduction described in section 1341 (a)(2), (ii) the amount of the tax for all prior taxable years for which the decrease in tax provided in section 1341 (a)(5)(B) was computed, (iii) the amount determined under section 1341 (a)(5)(B), (iv) the amount of the overpayment determined under section1341 (b)(1); and (v) such other information as the Secretary may require. (2) Allowance of adjustments Within a period of 90 days from the date on which an application is filed under paragraph (1) or from the date of the overpayment (determined under section 1341 (b)(1)), whichever is later, the Secretary shall (A) review the application, (B) determine the amount of the overpayment, and (C) apply, credit, or refund such overpayment,
in a manner similar to the manner provided in subsection (b). (3) Consolidated returns The provisions of subsection (c) shall apply to an adjustment under this subsection to the same extent and manner as the Secretary may by regulations provide.
6412. Floor stocks refunds

(a) In general (1) Tires and taxable fuel Where before October 1, 2011, any article subject to the tax imposed by section 4071 or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the amount of tax made applicable to such article on and after October 1, 2011, if claim for such credit or refund is filed with the Secretary on or before March 31, 2012, based upon a request submitted to the manufacturer, producer, or importer before January 1, 2012, by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before March 31, 2012, reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. No credit or refund shall be allowable under this paragraph with respect to taxable fuel in retail stocks held at the place where intended to be sold at retail, nor with respect to taxable fuel held for sale by a producer or importer of taxable fuel. (2) Definitions For purposes of this section (A) The term dealer includes a wholesaler, jobber, distributor, or retailer. (B) An article shall be considered as held by a dealer if title thereto has passed to such dealer (whether or not delivery to him has been made), and if for purposes of consumption title to such article or possession thereof has not at any time been transferred to any person other than a dealer. (b) Limitation on eligibility for credit or refund No manufacturer, producer, or importer shall be entitled to credit or refund under subsection (a) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed under this section. (c) Other laws applicable All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4071 and 4081 shall, insofar as applicable and not inconsistent with subsections (a) and (b) of this section, apply in respect of the credits and refunds provided for in subsection (a) to the same extent as if such credits or refunds constituted overpayments of such taxes.
6413. Special rules applicable to certain employment taxes

(a) Adjustment of tax (1) General rule If more than the correct amount of tax imposed by section 3101, 3111,3201, 3221, or 3402 is paid with respect to any payment of remuneration, proper adjustments, with respect to both the tax and the amount to be deducted, shall be made, without interest, in such manner and at such times as the Secretary may by regulations prescribe. (2) United States as employer For purposes of this subsection, in the case of remuneration received from the United States or a wholly-owned instrumentality thereof during any calendar year, each head of a Federal
agency or instrumentality who makes a return pursuant to section 3122 and each agent, designated by the head of a Federal agency or instrumentality, who makes a return pursuant to such section shall be deemed a separate employer. (3) Guam or American Samoa as employer For purposes of this subsection, in the case of remuneration received during any calendar year from the Government of Guam, the Government of American Samoa, a political subdivision of either, or any instrumentality of any one or more of the foregoing which is wholly owned thereby, the Governor of Guam, the Governor of American Samoa, and each agent designated by either who makes a return pursuant to section 3125 shall be deemed a separate employer. (4) District of Columbia as employer For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Mayor of the District of Columbia and each agent designated by him who makes a return pursuant to section 3125 shall be deemed a separate employer. (5) States and political subdivisions as employer For purposes of this subsection, in the case of remuneration received from a State or any political subdivision thereof (or any instrumentality of any one or more of the foregoing which is wholly owned thereby) during any calendar year, each head of an agency or instrumentality, and each agent designated by either, who makes a return pursuant to section3125 shall be deemed a separate employer. (b) Overpayments of certain employment taxes If more than the correct amount of tax imposed by section 3101, 3111, 3201,3221, or 3402 is paid or deducted with respect to any payment of remuneration and the overpayment cannot be adjusted under subsection (a) of this section, the amount of the overpayment shall be refunded in such manner and at such times (subject to the statute of limitations properly applicable thereto) as the Secretary may by regulations prescribe. (c) Special refunds (1) In general If by reason of an employee receiving wages from more than one employer during a calendar year the wages received by him during such year exceed the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective with respect to such year, the employee shall be entitled (subject to the provisions of section 31 (b)) to a credit or refund of any amount of tax, with respect to such wages, imposed by section 3101 (a) or section 3201 (a) (to the extent of so much of the rate applicable under section 3201 (a) as does not exceed the rate of tax in effect under section 3101 (a)), or by both such sections, and deducted from the employees wages (whether or not paid to the Secretary), which exceeds the tax with respect to the amount of such wages received in such year which is equal to such contribution and benefit base. The term wages as used in this paragraph shall, for purposes of this paragraph, include compensation as defined in section3231 (e). (2) Applicability in case of Federal and State employees, employees of certain foreign affiliates, and governmental employees in Guam, American Samoa, and the District of Columbia (A) Federal employees In the case of remuneration received from the United States or a wholly-owned instrumentality thereof during any calendar year, each head of a Federal agency or instrumentality who makes a return pursuant to section 3122 and each agent, designated by the head of a Federal agency or instrumentality, who makes a return pursuant to such section shall, for purposes of this subsection, be deemed a separate employer; and the term wages includes for purposes of this subsection the amount, not to exceed an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) for any calendar year with respect to which such contribution and benefit base is effective, determined by each such head or agent as constituting wages paid to an employee. (B) State employees For purposes of this subsection, in the case of remuneration received during any calendar year, the term wages includes such remuneration for services covered by an agreement made pursuant to section 218 of the Social Security Act as would be wages if such services
constituted employment; the term employer includes a State or any political subdivision thereof, or any instrumentality of any one or more of the foregoing; the term tax or tax imposed by section 3101 (a) includes, in the case of services covered by an agreement made pursuant to section 218 of the Social Security Act, an amount equivalent to the tax which would be imposed by section3101 (a), if such services constituted employment as defined in section 3121; and the provisions of this subsection shall apply whether or not any amount deducted from the employees remuneration as a result of an agreement made pursuant to section 218 of the Social Security Act has been paid to the Secretary. (C) Employees of certain foreign affiliates For purposes of paragraph (1) of this subsection, the term wages includes such remuneration for services covered by an agreement made pursuant to section 3121 (l) as would be wages if such services constituted employment; the term employer includes any American employer which has entered into an agreement pursuant to section 3121 (l); the term tax or tax imposed by section 3101(a), includes, in the case of services covered by an agreement entered into pursuant to section 3121 (l), an amount equivalent to the tax which would be imposed by section 3101 (a), if such services constituted employment as defined in section 3121; and the provisions of paragraph (1) of this subsection shall apply whether or not any amount deducted from the employees remuneration as a result of the agreement entered into pursuant to section 3121 (l)has been paid to the Secretary. (D) Governmental employees in Guam In the case of remuneration received from the Government of Guam or any political subdivision thereof or from any instrumentality of any one or more of the foregoing which is wholly owned thereby, during any calendar year, the Governor of Guam and each agent designated by him who makes a return pursuant to section 3125 (b)shall, for purposes of this subsection, be deemed a separate employer. (E) Governmental employees in American Samoa In the case of remuneration received from the Government of American Samoa or any political subdivision thereof or from any instrumentality of any one or more of the foregoing which is wholly owned thereby, during any calendar year, the Governor of American Samoa and each agent designated by him who makes a return pursuant to section 3125 (c) shall, for purposes of this subsection, be deemed a separate employer. (F) Governmental employees in the District of Columbia In the case of remuneration received from the District of Columbia or any instrumentality wholly owned thereby, during any calendar year, the Mayor of the District of Columbia and each agent designated by him who makes a return pursuant to section 3125 (d) shall, for purposes of this subsection, be deemed a separate employer. (G) Employees of States and political subdivisions In the case of remuneration received from a State or any political subdivision thereof (or any instrumentality of any one or more of the foregoing which is wholly owned thereby) during any calendar year, each head of an agency or instrumentality, and each agent designated by either, who makes a return pursuant to section 3125(a) shall, for purposes of this subsection, be deemed a separate employer. (d) Refund or credit of Federal unemployment tax Any credit allowable under section 3302, to the extent not previously allowed, shall be considered an overpayment, but no interest shall be allowed or paid with respect to such overpayment.
6414. Income tax withheld

In the case of an overpayment of tax imposed by chapter 24, or by chapter 3, refund or credit shall be made to the employer or to the withholding agent, as the case may be, only to the extent that the amount of such overpayment was not deducted and withheld by the employer or withholding agent.
6415. Credits or refunds to persons who collected certain taxes

(a) Allowance of credits or refunds Credit or refund of any overpayment of tax imposed by section 4251, 4261, or4271 may be allowed to the person who collected the tax and paid it to the Secretary if such person establishes, under such regulations as the Secretary may prescribe, that he has repaid the amount of such tax to the person from whom he collected it, or obtains the consent of such person to the allowance of such credit or refund. (b) Credit on returns Any person entitled to a refund of tax imposed by section 4251, 4261, or 4271paid, or collected and paid, to the Secretary by him may, instead of filing a claim for refund, take credit therefor against taxes imposed by such section due upon any subsequent return. (c) Refund of overcollections In case any person required under section 4251, 4261, or 4271 to collect any tax shall make an overcollection of such tax, such person shall, upon proper application, refund such overcollection to the person entitled thereto. (d) Refund of taxable payment Any person making a refund of any payment on which tax imposed by section4251, 4261, or 4271 has been collected may repay therewith the amount of tax collected on such payment.
6416. Certain taxes on sales and services

(a) Condition to allowance (1) General rule No credit or refund of any overpayment of tax imposed by chapter 31 (relating to retail excise taxes), or chapter 32 (manufacturers taxes), shall be allowed or made unless the person who paid the tax establishes, under regulations prescribed by the Secretary, that he (A) has not included the tax in the price of the article with respect to which it was imposed and has not collected the amount of the tax from the person who purchased such article; (B) has repaid the amount of the tax to the ultimate purchaser of the article; (C) in the case of an overpayment under subsection (b)(2) of this section (i) has repaid or agreed to repay the amount of the tax to the ultimate vendor of the article, or (ii) has obtained the written consent of such ultimate vendor to the allowance of the credit or the making of the refund; or (D) has filed with the Secretary the written consent of the person referred to in subparagraph (B) to the allowance of the credit or the making of the refund. (2) Exceptions This subsection shall not apply to (A) the tax imposed by section 4041 (relating to tax on special fuels) on the use of any liquid, and (B) an overpayment of tax under paragraph (1), (3)(A), (4), (5), or (6) of subsection (b) of this section. (3) Special rule For purposes of this subsection, in any case in which the Secretary determines that an article is not taxable, the term ultimate purchaser (when used in paragraph (1)(B) of this subsection) includes a wholesaler, jobber, distributor, or retailer who, on the 15th day after the date of such determination, holds such article for sale; but only if claim for credit or refund by reason of this paragraph is filed on or before the date for filing the return with respect to the taxes imposed under chapter 32 for the first period which begins more than 60 days after the date on such determination.
(4) Registered ultimate vendor or credit card issuer to administer credits and refunds of gasoline tax (A) In general For purposes of this subsection, except as provided in subparagraph (B), if an ultimate vendor purchases any gasoline on which tax imposed by section 4081 has been paid and sells such gasoline to an ultimate purchaser described in subparagraph (C) or (D) of subsection (b) (2) (and such gasoline is for a use described in such subparagraph), such ultimate vendor shall be treated as the person (and the only person) who paid such tax, but only if such ultimate vendor is registered under section 4101. (B) Credit card issuer For purposes of this subsection, if the purchase of gasoline described in subparagraph (A) (determined without regard to the registration status of the ultimate vendor) is made by means of a credit card issued to the ultimate purchaser, paragraph (1) shall not apply and the person extending the credit to the ultimate purchaser shall be treated as the person (and the only person) who paid the tax, but only if such person (i) is registered under section 4101, (ii) has established, under regulations prescribed by the Secretary, that such person (I) has not collected the amount of the tax from the person who purchased such article, or (II) has obtained the written consent from the ultimate purchaser to the allowance of the credit or refund, and (iii) has so established that such person (I) has repaid or agreed to repay the amount of the tax to the ultimate vendor, (II) has obtained the written consent of the ultimate vendor to the allowance of the credit or refund, or (III) has otherwise made arrangements which directly or indirectly provides the ultimate vendor with reimbursement of such tax. If clause (i), (ii), or (iii) is not met by such person extending the credit to the ultimate purchaser, then such person shall collect an amount equal to the tax from the ultimate purchaser and only such ultimate purchaser may claim such credit or payment. (C) Timing of claims The procedure and timing of any claim under subparagraph (A) or (B) shall be the same as for claims under section 6427 (i)(4), except that the rules of section 6427 (i)(3)(B) regarding electronic claims shall not apply unless the ultimate vendor or credit card issuer has certified to the Secretary for the most recent quarter of the taxable year that all ultimate purchasers of the vendor or credit card issuer are certified and entitled to a refund under subparagraph (C) or (D) of subsection (b)(2). (b) Special cases in which tax payments considered overpayments Under regulations prescribed by the Secretary, credit or refund (without interest) shall be allowed or made in respect of the overpayments determined under the following paragraphs: (1) Price readjustments (A) In general Except as provided in subparagraph (B) or (C), if the price of any article in respect of which a tax, based on such price, is imposed by chapter 31 or 32, is readjusted by reason of the return or repossession of the article or a covering or container, or by a bona fide discount, rebate, or allowance, including a readjustment for local advertising (but only to the extent provided in section 4216 (e)(2)and (3)), the part of the tax proportionate to the part of the price repaid or credited to the purchaser shall be deemed to be an overpayment. (B) Further manufacture Subparagraph (A) shall not apply in the case of an article in respect of which tax was computed under section 4223 (b)(2); but if the price for which such article was sold is readjusted by reason of the return or repossession of the article, the part of the tax proportionate to the part of such price repaid or credited to the purchaser shall be deemed to be an overpayment. (C) Adjustment of tire price No credit or refund of any tax imposed by subsection (a) or (b) of section 4071 shall be allowed or made by reason of an adjustment of a tire pursuant to a warranty or guarantee. (2) Specified uses and resales
The tax paid under chapter 32 (or under subsection (a) or (d) of section4041 in respect of sales or under section 4051) in respect of any article shall be deemed to be an overpayment if such article was, by any person (A) exported; (B) used or sold for use as supplies for vessels or aircraft; (C) sold to a State or local government for the exclusive use of a State or local government; (D) sold to a nonprofit educational organization for its exclusive use; (E) sold to a qualified blood collector organization (as defined in section 7701 (a)(49)) for such organizations exclusive use in the collection, storage, or transportation of blood; (F) in the case of any tire taxable under section 4071 (a), sold to any person for use as described in section 4221 (e)(3); or (G) in the case of gasoline, used or sold for use in the production of special fuels referred to in section 4041. Subparagraphs (C), (D), and (E) shall not apply in the case of any tax paid under section 4064. In the case of the tax imposed by section 4131, subparagraphs (B), (C), (D), and (E) shall not apply and subparagraph (A) shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe. This paragraph shall not apply in the case of any tax imposed under section 4041 (a) (1) or 4081 on diesel fuel or kerosene and any tax paid under section 4121. Subparagraphs (C) and (D) shall not apply in the case of any tax imposed on gasoline under section 4081 if the requirements of subsection (a)(4) are not met. In the case of taxes imposed by subchapter C or D of chapter 32, subparagraph (E) shall not apply. (3) Tax-paid articles used for further manufacture, etc. If the tax imposed by chapter 32 has been paid with respect to the sale of any article (other than coal taxable under section 4121) by the manufacturer, producer, or importer thereof and such article is sold to a subsequent manufacturer or producer before being used, such tax shall be deemed to be an overpayment by such subsequent manufacturer or producer if (A) in the case of any article other than any fuel taxable under section 4081, such article is used by the subsequent manufacturer or producer as material in the manufacture or production of, or as a component part of (i) another article taxable under chapter 32, or (ii) an automobile bus chassis or an automobile bus body, manufactured or produced by him; or (B) in the case of any fuel taxable under section 4081, such fuel is used by the subsequent manufacturer or producer, for nonfuel purposes, as a material in the manufacture or production of any other article manufactured or produced by him. (4) Tires If (A) the tax imposed by section 4071 has been paid with respect to the sale of any tire by the manufacturer, producer, or importer thereof, and (B) such tire is sold by any person on or in connection with, or with the sale of, any other article, such tax shall be deemed to be an overpayment by such person if such other article is (i) an automobile bus chassis or an automobile bus body, (ii) by such person exported, sold to a State or local government for the exclusive use of a State or local government, sold to a nonprofit educational organization for its exclusive use, or used or sold for use as supplies for vessels or aircraft, or (iii) sold to a qualified blood collector organization for its exclusive use in connection with a vehicle the organization certifies will be primarily used in the collection, storage, or transportation of blood. (5) Return of certain installment accounts If (A) tax was paid under section 4216 (d)(1) in respect of any installment account, (B) such account is, under the agreement under which the account was sold, returned to the person who sold such account, and (C) the consideration is readjusted as provided in such agreement, the part of the tax paid under section 4216 (d)(1) allocable to the part of the consideration repaid or credited to the purchaser of such account shall be deemed to be an overpayment.
(6) Truck chassis, bodies, and semitrailers used for further manufacture If (A) the tax imposed by section 4051 has been paid with respect to the sale of any article, and (B) before any other use, such article is by any person used as a component part of another article taxable under section 4051manufactured or produced by him, such tax shall be deemed to be an overpayment by such person. For purposes of the preceding sentence, an article shall be treated as having been used as a component part of another article if, had it not been broken or rendered useless in the manufacture or production of such other article, it would have been so used. This subsection shall apply in respect of an article only if the exportation or use referred to in the applicable provision of this subsection occurs before any other use, or, in the case of a sale or resale, the use referred to in the applicable provision of this subsection is to occur before any other use. (c) Refund to exporter or shipper Under regulations prescribed by the Secretary the amount of any tax imposed by chapter 31, or chapter 32 erroneously or illegally collected in respect of any article exported to a foreign country or shipped to a possession of the United States may be refunded to the exporter or shipper thereof, if the person who paid such tax waives his claim to such amount. (d) Credit on returns Any person entitled to a refund of tax imposed by chapter 31 or 32, paid to the Secretary may, instead of filing a claim for refund, take credit therefor against taxes imposed by such chapter due on any subsequent return. The preceding sentence shall not apply to the tax imposed by section 4081 in the case of refunds described in section 4081 (e). (e) Accounting procedures for like articles Under regulations prescribed by the Secretary, if any person uses or resells like articles, then for purposes of this section the manufacturer, producer, or importer of any such article may be identified, and the amount of tax paid under chapter 32 in respect of such article may be determined (1) on a first-in-first-out basis, (2) on a last-in-first-out basis, or (3) in accordance with any other consistent method approved by the Secretary. (f) Meaning of terms For purposes of this section, any term used in this section has the same meaning as when used in chapter 31, 32, or 33, as the case may be.
6417. Repealed. Pub. L. 94455, title XIX, 1906(a)(25), Oct. 4, 1976, 90 Stat. 1827]
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 801, related to a tax credit or refund to any person who has sold to a State, or a political subdivision thereof, any article containing any oil, combination, or mixture, upon the processing of which a tax has been paid under former section 4511, and to a refund to the exporter of the tax paid under former subchapter B of chapter 37.
6418. Repealed. Pub. L. 101508, title XI, 11801(c)(22)(B)(i), Nov. 5, 1990, 104 Stat. 1388528]
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 801; May 29, 1956, ch. 342, 21(b), 70 Stat. 221; May 24, 1962, Pub. L. 87456, title III, 302(c), 76 Stat. 77; Nov. 8, 1965, Pub.
L. 89331, 9(b), 79 Stat. 1278; Oct. 4, 1976, Pub. L. 94455, title XIX, 1906(b)(13) (A), 90 Stat. 1834, authorized refund of taxes paid on sugar used as livestock feed, for distillation or production of alcohol, or in certain cases where sugar was exported.
6419. Excise tax on wagering

(a) Credit or refund generally No overpayment of tax imposed by chapter 35 shall be credited or refunded (otherwise than under subsection (b)), in pursuance of a court decision or otherwise, unless the person who paid the tax establishes, in accordance with regulations prescribed by the Secretary, (1) that he has not collected (whether as a separate charge or otherwise) the amount of the tax from the person who placed the wager on which the tax was imposed, or (2) that he has repaid the amount of the tax to the person who placed such wager, or unless he files with the Secretary written consent of the person who placed such wager to the allowance of the credit or the making of the refund. In the case of any laid-off wager, no overpayment of tax imposed by chapter 35 shall be so credited or refunded to the person with whom such laid-off wager was placed unless he establishes, in accordance with regulations prescribed by the Secretary, that the provisions of the preceding sentence have been complied with both with respect to the person who placed the laid-off wager with him and with respect to the person who placed the original wager. (b) Credit or refund on wagers laid-off by taxpayer Where any taxpayer lays off part or all of a wager with another person who is liable for tax imposed by chapter 35 on the amount so laid off, a credit against such tax shall be allowed, or a refund shall be made to, the taxpayer laying off such amount. Such credit or refund shall be in an amount which bears the same ratio to the amount of tax which such taxpayer paid on the original wager as the amount so laid off bears to the amount of the original wager. Credit or refund under this subsection shall be allowed or made only in accordance with regulations prescribed by the Secretary, and no interest shall be allowed with respect to any amount so credited or refunded.
6420. Gasoline used on farms

(a) Gasoline Except as provided in subsection (g), if gasoline is used on a farm for farming purposes, the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline the amount determined by multiplying (1) the number of gallons so used, by (2) the rate of tax on gasoline under section 4081 which applied on the date he purchased such gasoline. (b) Time for filing claims; period covered Not more than one claim may be filed under this section by any person with respect to gasoline used during his taxable year, and no claim shall be allowed under this section with respect to gasoline used during any taxable year unless filed by such person not later than the time prescribed by law for filing a claim for credit or refund of overpayment of income tax for such taxable year. For purposes of this subsection, a persons taxable year shall be his taxable year for purposes of subtitle A. (c) Meaning of terms For purposes of this section (1) Use on a farm for farming purposes Gasoline shall be treated as used on a farm for farming purposes only if used (A) in carrying on a trade or business, (B) on a farm situated in the United States, and (C) for farming purposes. (2) Farm
The term farm includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (3) Farming purposes Gasoline shall be treated as used for farming purposes only if used (A) by the owner, tenant, or operator of a farm, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife, on a farm of which he is the owner, tenant, or operator; (B) by the owner, tenant, or operator of a farm, in handling, drying, packing, grading, or storing any agricultural or horticultural commodity in its unmanufactured state; but only if such owner, tenant or operator produced more than one-half of the commodity which he so treated during the period with respect to which claim is filed; (C) by the owner, tenant, or operator of a farm, in connection with (i) the planting, cultivating, caring for, or cutting of trees, or (ii) the preparation (other than milling) of trees for market, incidental to farming operations; or (D) by the owner, tenant, or operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment. (4) Certain farming use other than by owner, etc. In applying paragraph (3)(A) to a use on a farm for any purpose described in paragraph (3) (A) by any person other than the owner, tenant, or operator of such farm (A) the owner, tenant, or operator of such farm shall be treated as the user and ultimate purchaser of the gasoline, except that (B) if the person so using the gasoline is an aerial or other applicator of fertilizers or other substances and is the ultimate purchaser of the gasoline, then subparagraph (A) of this paragraph shall not apply and the aerial or other applicator shall be treated as having used such gasoline on a farm for farming purposes. In the case of an aerial applicator, gasoline shall be treated as used on a farm for farming purposes if the gasoline is used for the direct flight between the airfield and one or more farms. (5) Gasoline The term gasoline has the meaning given to such term by section 4083(a). (d) Exempt sales; other payments or refunds available No amount shall be payable under this section with respect to any gasoline which the Secretary determines was exempt from the tax imposed by section4081. The amount which (but for this sentence) would be payable under this section with respect to any gasoline shall be reduced by any other amount which the Secretary determines is payable under this section, or is refundable under any provision of this title, to any person with respect to such gasoline. (e) Applicable laws (1) In general All provisions of law, including penalties, applicable in respect of the tax imposed by section 4081 shall, insofar as applicable and not inconsistent with this section, apply in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of overpayments of the tax so imposed. (2) Examination of books and witnesses For the purpose of ascertaining the correctness of any claim made under this section, or the correctness of any payment made in respect of any such claim, the Secretary shall have the authority granted by paragraphs (1), (2), and (3) of section 7602 (a) (relating to examination of books and witnesses) as if the claimant were the person liable for tax. (3) Fractional parts of a dollar Section 7504 (granting the Secretary discretion with respect to fractional parts of a dollar) shall not apply. (f) Regulations
The Secretary may by regulations prescribe the conditions, not inconsistent with the provisions of this section, under which payments may by made under this section. (g) Income tax credit in lieu of payment (1) Persons not subject to income tax Payment shall be made under subsection (a), only to (A) the United States or an agency or instrumentality thereof, a State, a political subdivision of a State, or an agency or instrumentality of one or more States or political subdivisions, or (B) an organization exempt from tax under section 501 (a) (other than an organization required to make a return of the tax imposed under subtitle A for its taxable year). (2) Allowance of credit against income tax For allowance of credit against the tax imposed by subtitle A, see section 34. [(h) Repealed. Pub. L. 10366, title XIII, 13241(f)(5), Aug. 10, 1993, 107 Stat. 512] (i) Cross references (1) For exemption from tax in case of special fuels used on a farm for farming purposes, see section 4041 (f). (2) For civil penalty for excessive claim under this section, see section6675. (3) For fraud penalties, etc., see chapter 75 (section 7201 and following, relating to crimes, other offenses, and forfeitures). (4) For treatment of an Indian tribal government as a State and [1] a subdivision of an Indian tribal government as a political subdivision of a State), see section 7871.
[1] So in original. Probably should be (and.
6421. Gasoline used for certain nonhighway purposes, used by local transit systems, or sold for certain exempt purposes
(a) Nonhighway uses Except as provided in subsection (i), if gasoline is used in an off-highway business use, the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the amount determined by multiplying the number of gallons so used by the rate at which tax was imposed on such gasoline under section 4081. Except as provided in paragraph (2) of subsection (f) of this section, in the case of gasoline used as a fuel in an aircraft, the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the amount determined by multiplying the number of gallons of gasoline so used by the rate at which tax was imposed on such gasoline under section 4081. (b) Intercity, local, or school buses (1) Allowance Except as provided in paragraph (2) and subsection (i), if gasoline is used in an automobile bus while engaged in (A) furnishing (for compensation) passenger land transportation available to the general public, or (B) the transportation of students and employees of schools (as defined in the last sentence of section 4221 (d)(7)(C)), the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the product of the number of gallons of gasoline so used multiplied by the rate at which tax was imposed on such gasoline by section 4081. (2) Limitation in case of nonscheduled intercity or local buses Paragraph (1)(A) shall not apply in respect of gasoline used in any automobile bus while engaged in furnishing transportation which is not scheduled and not along regular routes unless the seating capacity of such bus is at least 20 adults (not including the driver). (c) Exempt purposes
If gasoline is sold to any person for any purpose described in paragraph (2), (3), (4) [1] (5), or (6) of section 4221 (a), the Secretary shall pay (without interest) to such person an amount equal to the product of the number of gallons of gasoline so sold multiplied by the rate at which tax was imposed on such gasoline by section 4081. The preceding sentence shall apply notwithstanding paragraphs (2) and (3) of subsection (f). Subsection (a) shall not apply to gasoline to which this subsection applies. (d) Time for filing claims; period covered (1) In general Except as provided in paragraph (2), not more than one claim may be filed under subsection (a), not more than one claim may be filed under subsection (b), and not more than one claim may be filed under subsection (c), by any person with respect to gasoline used during his taxable year; and no claim shall be allowed under this paragraph with respect to gasoline used during any taxable year unless filed by such person not later than the time prescribed by law for filing a claim for credit or refund of overpayment of income tax for such taxable year. For purposes of this subsection, a persons taxable year shall be his taxable year for purposes of subtitle A. (2) Exception For payments per quarter based on aggregate amounts payable under this section and section 6427, see section 6427 (i)(2). (3) Application to sales under subsection (c) For purposes of this subsection, gasoline shall be treated as used for a purpose referred to in subsection (c) when it is sold for such a purpose. (e) Definitions For purposes of this section (1) Gasoline The term gasoline has the meaning given to such term by section 4083(a). (2) Off-highway business use (A) In general The term off-highway business use means any use by a person in a trade or business of such person or in an activity of such person described in section 212 (relating to production of income) otherwise than as a fuel in a highway vehicle (i) which (at the time of such use), is registered, or is required to be registered, for highway use under the laws of any State or foreign country, or (ii) which, in the case of a highway vehicle owned by the United States, is used on the highway. (B) Uses in boats (i) In general Except as otherwise provided in this subparagraph, the term off-highway business use does not include any use in a motorboat. (ii) Fisheries and whaling The term off-highway business use shall include any use in a vessel employed in the fisheries or in the whaling business. (C) Uses in mobile machinery (i) In general The term off-highway business use shall include any use in a vehicle which meets the requirements described in clause (ii). (ii) Requirements for mobile machinery The requirements described in this clause are (I) the design-based test, and (II) the use-based test. (iii) Design-based test For purposes of clause (ii)(I), the design-based test is met if the vehicle consists of a chassis (I) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, (II) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and (III) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of
transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis. (iv) Use-based test For purposes of clause (ii)(II), the use-based test is met if the use of the vehicle on public highways was less than 7,500 miles during the taxpayers taxable year. This clause shall be applied without regard to use of the vehicle by any organization which is described in section 501 (c) and exempt from tax under section 501 (a). (f) Exempt sales; other payments or refunds available (1) Gasoline used on farms This section shall not apply in respect of gasoline which was (within the meaning of paragraphs (1), (2), and (3) of section 6420 (c)) used on a farm for farming purposes. (2) Gasoline used in aviation This section shall not apply in respect of gasoline which is used as a fuel in an aircraft (A) in aviation which is not commercial aviation (as defined in section4083 (b)), or (B) in commercial aviation (as so defined) with respect to the tax imposed by section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate and, in the case of fuel purchased after September 30, 1995, at so much of the rate specified in section 4081(a)(2) (A) as does not exceed 4.3 cents per gallon. (3) Gasoline used in trains In the case of gasoline used as a fuel in a train, this section shall not apply with respect to (A) the Leaking Underground Storage Tank Trust Fund financing rate under section 4081, and (B) so much of the rate specified in section 4081 (a)(2)(A) as does not exceed the rate applicable under section 4041 (a)(1)(C)(ii). (g) Applicable laws (1) In general All provisions of law, including penalties, applicable in respect to the tax imposed by section 4081 shall, insofar as applicable and not inconsistent with this section, apply in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of overpayments of the tax so imposed. (2) Examination of books and witnesses For the purpose of ascertaining the correctness of any claim made under this section, or the correctness of any payment made in respect of any such claim, the Secretary shall have the authority granted by paragraphs (1), (2), and (3) of section 7602 (a) (relating to examination of books and witnesses) as if the claimant were the person liable for tax. (h) Regulations The Secretary may by regulations prescribe the conditions, not inconsistent with the provisions of this section, under which payments may be made under this section. (i) Income tax credit in lieu of payment (1) Persons not subject to income tax Payment shall be made under subsections (a) and (b) only to (A) the United States or any agency or instrumentality thereof, a State, a political subdivision of a State, or any agency or instrumentality of one or more States or political subdivisions, or (B) an organization exempt from tax under section 501 (a) (other than an organization required to make a return of the tax imposed under subtitle A for its taxable year). (2) Exception Paragraph (1) shall not apply to a payment of a claim filed under subsection (d)(2). (3) Allowance of credit against income tax For allowance of credit against the tax imposed by subtitle A, see section 34. (j) Cross references (1) For civil penalty for excessive claims under this section, see section6675. (2) For fraud penalties, etc., see chapter 75 (section 7201 and following, relating to crimes, other offenses, and forfeitures). (3) For treatment of an Indian tribal government as a State and [2] a subdivision of an Indian tribal government as a political subdivision of a State), see section 7871.
[1] So in original. Probably should be followed by a comma.
[2] So in original. Probably should be (and.

(1) For limitations on credits and refunds, see subchapter B of chapter 66. (2) For overpayment in case of adjustments to accrued foreign taxes, see section 905 (c). (3) For credit or refund in case of deficiency dividends paid by a personal holding company, see section 547. (4) For refund, credit, or abatement of amounts disallowed by courts upon review of Tax Court decision, see section 7486. (5) For refund or redemption of stamps, see chapter 69. (6) For abatement, credit, or refund in case of jeopardy assessments, see chapter 70. (7) For treatment of certain overpayments as having been refunded, in connection with sale of surplus war-built vessels, see section 9(b)(8) of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1742). (8) For restrictions on transfers and assignments of claims against the United States, see section 3727 of title 31, United States Code. (9) For set-off of claims against amounts due the United States, see section3728 of title 31, United States Code. (10) For special provisions relating to alcohol and tobacco taxes, see subtitle E. (11) for [1] credit or refund in case of deficiency dividends paid by a regulated investment company or real estate investment trust, see section 860. (12) For special rules in the case of a credit or refund attributable to partnership items, see section 6227 and subsections (c) and (d) of section6230.
[1] So in original. Probably should be capitalized.
6423. Conditions to allowance in the case of alcohol and tobacco taxes

(a) Conditions No credit or refund shall be allowed or made, in pursuance of a court decision or otherwise, of any amount paid or collected as an alcohol or tobacco tax unless the claimant establishes (under regulations prescribed by the Secretary) (1) that he bore the ultimate burden of the amount claimed; or (2) that he has unconditionally repaid the amount claimed to the person who bore the ultimate burden of such amount; or (3) that (A) the owner of the commodity furnished him the amount claimed for payment of the tax, (B) he has filed with the Secretary the written consent of such owner to the allowance to the claimant of the credit or refund, and (C) such owner satisfies the requirements of paragraph (1) or (2). (b) Filing of claims No credit or refund of any amount to which subsection (a) applies shall be allowed or made unless a claim therefor has been filed by the person who paid the amount claimed, and unless such claim is filed within the time prescribed by law and in accordance with regulations prescribed by the Secretary. All evidence relied upon in support of such claim shall be clearly set forth and submitted with the claim. (c) Application of section This section shall apply only if the credit or refund is claimed on the grounds that an amount of alcohol or tobacco tax was assessed or collected erroneously, illegally, without authority,
or in any manner wrongfully, or on the grounds that such amount was excessive. This section shall not apply to (1) any claim for drawback, and (2) any claim made in accordance with any law expressly providing for credit or refund where a commodity is withdrawn from the market, returned to bond, or lost or destroyed. (d) Meaning of terms For purposes of this section (1) Alcohol or tobacco tax The term alcohol or tobacco tax means (A) any tax imposed by chapter 51 (other than part II of subchapter A, relating to occupational taxes) or by chapter 52 or by any corresponding provision of prior internal revenue laws, and (B) in the case of any commodity of a kind subject to a tax described in subparagraph (A), any tax equal to any such tax, any additional tax, or any floor stocks tax. (2) Tax The term tax includes a tax and an exaction denominated a tax, and any penalty, addition to tax, additional amount, or interest applicable to any such tax. (3) Ultimate burden The claimant shall be treated as having borne the ultimate burden of an amount of an alcohol or tobacco tax for purposes of subsection (a)(1), and the owner referred to in subsection (a) (3) shall be treated as having borne such burden for purposes of such subsection, only if (A) he has not, directly or indirectly, been relieved of such burden or shifted such burden to any other person, (B) no understanding or agreement exists for any such relief or shifting, and (C) if he has neither sold nor contracted to sell the commodities involved in such claim, he agrees that there will be no such relief or shifting, and furnishes such bond as the Secretary may require to insure faithful compliance with his agreement.
6424. Repealed. Pub. L. 97424, title V, 515(b)(5), Jan. 6, 1983, 96 Stat. 2181]
Section, added Pub. L. 8944, title II, 202(b), June 21, 1965, 79 Stat. 137; amended Pub. L. 91258, title II, 207(b), May 21, 1970, 84 Stat. 248; Pub. L. 94455, title XIX, 1906(a)(30), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1828, 1834;Pub. L. 95618, title II, 222(a)(3), 233 (b)(1), (2)(A), Nov. 9, 1978, 92 Stat. 3187, 3191; Pub. L. 97473, title II, 202(b)(13), Jan. 14, 1983, 96 Stat. 2610, had provided for payments by the Secretary of an amount equal to 6 cents for each gallon of lubricating oil used in a qualified business use or in a qualified bus to certain ultimate purchasers of the lubricating oil.
6425. Adjustment of overpayment of estimated income tax by corporation

(a) Application of adjustment (1) Time for filing A corporation may, after the close of the taxable year and on or before the 15th day of the third month thereafter, and before the day on which it files a return for such taxable year, file an application for an adjustment of an overpayment by it of estimated income tax for such taxable year. An application under this subsection shall not constitute a claim for credit or refund. (2) Form of application, etc.
An application under this subsection shall be verified in the manner prescribed by section 6065 in the case of a return of the taxpayer, and shall be filed in the manner and form required by regulations prescribed by the Secretary. The application shall set forth (A) the estimated income tax paid by the corporation during the taxable year, (B) the amount which, at the time of filing the application, the corporation estimates as its income tax liability for the taxable year, (C) the amount of the adjustment, and (D) such other information for purposes of carrying out the provisions of this section as may be required by such regulations. (b) Allowance of adjustment (1) Limited examination of application Within a period of 45 days from the date on which an application for an adjustment is filed under subsection (a), the Secretary shall make, to the extent he deems practicable in such period, a limited examination of the application to discover omissions and errors therein, and shall determine the amount of the adjustment upon the basis of the application and the examination; except that the Secretary may disallow, without further action, any application which he finds contains material omissions or errors which he deems cannot be corrected within such 45 days. (2) Adjustment credited or refunded The Secretary, within the 45-day period referred to in paragraph (1), may credit the amount of the adjustment against any liability in respect of an internal revenue tax on the part of the corporation and shall refund the remainder to the corporation. (3) Limitation No application under this section shall be allowed unless the amount of the adjustment equals or exceeds (A) 10 percent of the amount estimated by the corporation on its application as its income tax liability for the taxable year, and (B) $500. (4) Effect of adjustment For purposes of this title (other than section 6655), any adjustment under this section shall be treated as a reduction, in the estimated income tax paid, made on the day the credit is allowed or the refund is paid. (c) Definitions For purposes of this section and section 6655 (h) (relating to excessive adjustment) (1) The term income tax liability means the excess of (A) The sum of (i) the tax imposed by section 11 or 1201 (a), or subchapter L of chapter 1, whichever is applicable, (ii) the tax imposed by section 55, plus (iii) the tax imposed by section 59A, over (B) the credits against tax provided by part IV of subchapter A of chapter 1. (2) The amount of an adjustment under this section is equal to the excess of (A) the estimated income tax paid by the corporation during the taxable year, over (B) the amount which, at the time of filing the application, the corporation estimates as its income tax liability for the taxable year. (d) Consolidated returns If the corporation seeking an adjustment under this section paid its estimated income tax on a consolidated basis or expects to make a consolidated return for the taxable year, this section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.
6426. Credit for alcohol fuel, biodiesel, and alternative fuel mixtures
(a) Allowance of credits
There shall be allowed as a credit (1) against the tax imposed by section 4081 an amount equal to the sum of the credits described in subsections (b), (c), and (e), and (2) against the tax imposed by section 4041 an amount equal to the sum of the credits described in subsection (d). No credit shall be allowed in the case of the credits described in subsections (d) and (e) unless the taxpayer is registered under section 4101. (b) Alcohol fuel mixture credit (1) In general For purposes of this section, the alcohol fuel mixture credit is the product of the applicable amount and the number of gallons of alcohol used by the taxpayer in producing any alcohol fuel mixture for sale or use in a trade or business of the taxpayer. (2) Applicable amount For purposes of this subsection (A) In general Except as provided in subparagraphs (B) and (C), the applicable amount is (i) in the case of calendar years beginning before 2009, 51 cents, and (ii) in the case of calendar years beginning after 2008, 45 cents..[1] (B) Mixtures not containing ethanol In the case of an alcohol fuel mixture in which none of the alcohol consists of ethanol, the applicable amount is 60 cents. (C) Reduction delayed until annual production or importation of 7,500,000,000 gallons In the case of any calendar year beginning after 2008, if the Secretary makes a determination described in section 40 (h)(3)(B)with respect to all preceding calendar years beginning after 2007, subparagraph (A)(ii) shall be applied by substituting 51 cents for 45 cents. (3) Alcohol fuel mixture For purposes of this subsection, the term alcohol fuel mixture means a mixture of alcohol and a taxable fuel which (A) is sold by the taxpayer producing such mixture to any person for use as a fuel, or (B) is used as a fuel by the taxpayer producing such mixture. For purposes of subparagraph (A), a mixture produced by any person at a refinery prior to a taxable event which includes ethyl tertiary butyl ether or other ethers produced from alcohol shall be treated as sold at the time of its removal from the refinery (and only at such time) to another person for use as a fuel. (4) Other definitions For purposes of this subsection (A) Alcohol The term alcohol includes methanol and ethanol but does not include (i) alcohol produced from petroleum, natural gas, or coal (including peat), or (ii) alcohol with a proof of less than 190 (determined without regard to any added denaturants). Such term also includes an alcohol gallon equivalent of ethyl tertiary butyl ether or other ethers produced from such alcohol. (B) Taxable fuel The term taxable fuel has the meaning given such term by section4083 (a)(1). (5) Volume of alcohol For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 2 percent of the volume of such alcohol (including denaturants). (6) Termination This subsection shall not apply to any sale, use, or removal for any period after December 31, 2010. (c) Biodiesel mixture credit (1) In general
For purposes of this section, the biodiesel mixture credit is the product of the applicable amount and the number of gallons of biodiesel used by the taxpayer in producing any biodiesel mixture for sale or use in a trade or business of the taxpayer. (2) Applicable amount For purposes of this subsection, the applicable amount is $1.00. (3) Biodiesel mixture For purposes of this section, the term biodiesel mixture means a mixture of biodiesel and diesel fuel (as defined in section 4083 (a)(3)), determined without regard to any use of kerosene, which (A) is sold by the taxpayer producing such mixture to any person for use as a fuel, or (B) is used as a fuel by the taxpayer producing such mixture. (4) Certification for biodiesel No credit shall be allowed under this subsection unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri-biodiesel in the product. (5) Other definitions Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. (6) Termination This subsection shall not apply to any sale, use, or removal for any period after December 31, 2009. (d) Alternative fuel credit (1) In general For purposes of this section, the alternative fuel credit is the product of 50 cents and the number of gallons of an alternative fuel or gasoline gallon equivalents of a nonliquid alternative fuel sold by the taxpayer for use as a fuel in a motor vehicle or motorboat, sold by the taxpayer for use as a fuel in aviation, or so used by the taxpayer. (2) Alternative fuel For purposes of this section, the term alternative fuel means (A) liquefied petroleum gas, (B) P Series Fuels (as defined by the Secretary of Energy under section 13211 (2) of title 42, United States Code), (C) compressed or liquefied natural gas, (D) liquefied hydrogen, (E) any liquid fuel which meets the requirements of paragraph (4) and which is derived from coal (including peat) through the Fischer-Tropsch process, (F) compressed or liquefied gas derived from biomass (as defined in section 45K (c)(3)), and (G) liquid fuel derived from biomass (as defined in section 45K (c)(3)). Such term does not include ethanol, methanol, or biodiesel. (3) Gasoline gallon equivalent For purposes of this subsection, the term gasoline gallon equivalent means, with respect to any nonliquid alternative fuel, the amount of such fuel having a Btu content of 124,800 (higher heating value). (4) Carbon capture requirement (A) In general The requirements of this paragraph are met if the fuel is certified, under such procedures as required by the Secretary, as having been derived from coal produced at a gasification facility which separates and sequesters not less than the applicable percentage of such facilitys total carbon dioxide emissions. (B) Applicable percentage For purposes of subparagraph (A), the applicable percentage is (i) 50 percent in the case of fuel produced after September 30, 2009, and on or before December 30, 2009, and (ii) 75 percent in the case of fuel produced after December 30, 2009. (5) Termination This subsection shall not apply to any sale or use for any period after December 31, 2009 (September 30, 2014, in the case of any sale or use involving liquefied hydrogen).
(e) Alternative fuel mixture credit (1) In general For purposes of this section, the alternative fuel mixture credit is the product of 50 cents and the number of gallons of alternative fuel used by the taxpayer in producing any alternative fuel mixture for sale or use in a trade or business of the taxpayer. (2) Alternative fuel mixture For purposes of this section, the term alternative fuel mixture means a mixture of alternative fuel and taxable fuel (as defined in subparagraph (A), (B), or (C) of section 4083 (a)(1)) which (A) is sold by the taxpayer producing such mixture to any person for use as fuel, or (B) is used as a fuel by the taxpayer producing such mixture. (3) Termination This subsection shall not apply to any sale or use for any period after December 31, 2009 (September 30, 2014, in the case of any sale or use involving liquefied hydrogen). (f) Mixture not used as a fuel, etc. (1) Imposition of tax If (A) any credit was determined under this section with respect to alcohol or biodiesel used in the production of any alcohol fuel mixture or biodiesel mixture, respectively, and (B) any person (i) separates the alcohol or biodiesel from the mixture, or (ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such alcohol or biodiesel. (2) Applicable laws All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section. (g) Coordination with exemption from excise tax Rules similar to the rules under section 40 (c) shall apply for purposes of this section. (h) Denial of double benefit No credit shall be determined under subsection (d) or (e) with respect to any fuel with respect to which credit may be determined under subsection (b) or (c) or under section 40 or 40A. (i) Limitation to fuels with connection to the United States (1) Alcohol No credit shall be determined under this section with respect to any alcohol which is produced outside the United States for use as a fuel outside the United States. (2) Biodiesel and alternative fuels No credit shall be determined under this section with respect to any biodiesel or alternative fuel which is produced outside the United States for use as a fuel outside the United States. For purposes of this subsection, the term United States includes any possession of the United States.
[1] So in original.
6427. Fuels not used for taxable purposes

(a) Nontaxable uses Except as provided in subsection (k), if tax has been imposed under paragraph (2) or (3) of section 4041 (a) or section 4041 (c) on the sale of any fuel and the purchaser uses such fuel other than for the use for which sold, or resells such fuel, the Secretary shall pay (without interest) to him an amount equal to (1) the amount of tax imposed on the sale of the fuel to him, reduced by
(2) if he uses the fuel, the amount of tax which would have been imposed under section 4041 on such use if no tax under section 4041 had been imposed on the sale of the fuel. (b) Intercity, local, or school buses (1) Allowance Except as otherwise provided in this subsection and subsection (k), if any fuel other than gasoline (as defined in section 4083 (a)) on the sale of which tax was imposed by section 4041 (a) or 4081 is used in an automobile bus while engaged in (A) furnishing (for compensation) passenger land transportation available to the general public, or (B) the transportation of students and employees of schools (as defined in the last sentence of section 4221 (d)(7)(C)), the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the product of the number of gallons of such fuel so used multiplied by the rate at which tax was imposed on such fuel by section 4041 (a) or 4081, as the case may be. (2) Reduction in refund in certain cases (A) In general Except as provided in subparagraphs (B) and (C), the rate of tax taken into account under paragraph (1) shall be 7.4 cents per gallon less than the aggregate rate at which tax was imposed on such fuel by section 4041 (a) or 4081, as the case may be. (B) Exception for school bus transportation Subparagraph (A) shall not apply to fuel used in an automobile bus while engaged in the transportation described in paragraph (1)(B). (C) Exception for certain intracity transportation Subparagraph (A) shall not apply to fuel used in any automobile bus while engaged in furnishing (for compensation) intracity passenger land transportation (i) which is available to the general public, and (ii) which is scheduled and along regular routes, but only if such bus is a qualified local bus. (D) Qualified local bus For purposes of this paragraph, the term qualified local bus means any local bus (i) which has a seating capacity of at least 20 adults (not including the driver), and (ii) which is under contract (or is receiving more than a nominal subsidy) from any State or local government (as defined in section4221 (d)) to furnish such transportation. (3) Limitation in case of nonscheduled intercity or local buses Paragraph (1)(A) shall not apply in respect of fuel used in any automobile bus while engaged in furnishing transportation which is not scheduled and not along regular routes unless the seating capacity of such bus is at least 20 adults (not including the driver). (4) Refunds for use of diesel fuel in certain intercity buses With respect to any fuel to which paragraph (2)(A) applies, if the ultimate purchaser of such fuel waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor (A) is registered under section 4101, and (B) meets the requirements of subparagraph (A), (B), or (D) of section 6416 (a)(1). (c) Use for farming purposes Except as provided in subsection (k), if any fuel on the sale of which tax was imposed under paragraph (2) or (3) of section 4041 (a) or section 4041 (c) is used on a farm for farming purposes (within the meaning of section 6420 (c)), the Secretary shall pay (without interest) to the purchaser an amount equal to the amount of the tax imposed on the sale of the fuel. For purposes of this subsection, if fuel is used on a farm by any person other than the owner, tenant, or operator of such farm, the rules of paragraph (4) of section 6420(c) shall be applied (except that liquid taxable under section 4041 shall be substituted for gasoline each place it appears in such paragraph (4)). (d) Use by certain aircraft museums or in certain other aircraft uses Except as provided in subsection (k), if (1) any gasoline on which tax was imposed by section 4081, or
(2) any fuel on the sale of which tax was imposed under section 4041, is used by an aircraft museum (as defined in section 4041 (h)(2)) in an aircraft or vehicle owned by such museum and used exclusively for purposes set forth in section 4041 (h)(2) (C), or is used in a helicopter or a fixed-wing aircraft for a purpose described in section 4041 (l), the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline or fuel an amount equal to the aggregate amount of the tax imposed on such gasoline or fuel. (e) Alcohol, biodiesel, or alternative fuel Except as provided in subsection (k) (1) Used to produce a mixture If any person produces a mixture described in section 6426 in such persons trade or business, the Secretary shall pay (without interest) to such person an amount equal to the alcohol fuel mixture credit or the biodiesel mixture credit or the alternative fuel mixture credit with respect to such mixture. (2) Alternative fuel If any person sells or uses an alternative fuel (as defined in section 6426(d)(2)) for a purpose described in section 6426 (d)(1) in such persons trade or business, the Secretary shall pay (without interest) to such person an amount equal to the alternative fuel credit with respect to such fuel. (3) Coordination with other repayment provisions No amount shall be payable under paragraph (1) or (2) with respect to any mixture or alternative fuel with respect to which an amount is allowed as a credit under section 6426. (4) Registration requirement for alternative fuels The Secretary shall not make any payment under this subsection to any person with respect to any alternative fuel credit or alternative fuel mixture credit unless the person is registered under section 4101. (5) Limitation to fuels with connection to the United States No amount shall be payable under paragraph (1) or (2) with respect to any mixture or alternative fuel if credit is not allowed with respect to such mixture or alternative fuel by reason of section 6426 (i). (6) Termination This subsection shall not apply with respect to (A) any alcohol fuel mixture (as defined in section 6426 (b)(3)) sold or used after December 31, 2010, (B) any biodiesel mixture (as defined in section 6426 (c)(3)) sold or used after December 31, 2009, (C) except as provided in subparagraph (D), any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426) sold or used after December 31, 2009, and (D) any alternative fuel or alternative fuel mixture (as so defined) involving liquefied hydrogen sold or used after September 30, 2014. [(f) Repealed. Pub. L. 10959, title XI, 11151(a)(1), Aug. 10, 2005, 119 Stat. 1968] [(g) Repealed. Pub. L. 104188, title I, 1606(a), Aug. 20, 1996, 110 Stat. 1839] (h) Blend stocks not used for producing taxable fuel (1) Gasoline blend stocks or additives not used for producing gasoline Except as provided in subsection (k), if any gasoline blend stock or additive (within the meaning of section 4083 (a)(2)) is not used by any person to produce gasoline and such person establishes that the ultimate use of such gasoline blend stock or additive is not to produce gasoline, the Secretary shall pay (without interest) to such person an amount equal to the aggregate amount of the tax imposed on such person with respect to such gasoline blend stock or additive. (2) Diesel fuel blend stocks or additives not used for producing diesel Except as provided in subsection (k), if any diesel fuel blend stock is not used by any person to produce diesel fuel and such person establishes that the ultimate use of such diesel fuel blend stock is not to produce diesel fuel, the Secretary shall pay (without interest) to such person an amount equal to the aggregate amount of the tax imposed on such person with respect to such diesel fuel blend stock.
(i) Time for filing claims; period covered (1) General rule Except as otherwise provided in this subsection, not more than one claim may be filed under subsection (a), (b), (c), (d), (h), (l), (m), or (o) by any person with respect to fuel used during his taxable year; and no claim shall be allowed under this paragraph with respect to fuel used during any taxable year unless filed by the purchaser not later than the time prescribed by law for filing a claim for credit or refund of overpayment of income tax for such taxable year. For purposes of this paragraph, a persons taxable year shall be his taxable year for purposes of subtitle A. (2) Exceptions (A) In general If, at the close of any quarter of the taxable year of any person, at least $750 is payable in the aggregate under subsections (a), (b), (d), (h), (l), (m), and (o) of this section and section 6421 to such person with respect to fuel used during (i) such quarter, or (ii) any prior quarter (for which no other claim has been filed) during such taxable year, a claim may be filed under this section with respect to such fuel. (B) Time for filing claim No claim filed under this paragraph shall be allowed unless filed during the first quarter following the last quarter included in the claim. (C) Nonapplication of paragraph This paragraph shall not apply to any fuel used solely in any off-highway business use described in section 6421 (e)(2)(C). (3) Special rule for mixture credits and the alternative fuel credit (A) In general A claim may be filed under subsection (e)(1) by any person with respect to a mixture described in section 6426 or under subsection (e)(2) by any person with respect to an alternative fuel (as defined in section 6426 (d)(2)) for any period (i) for which $200 or more is payable under such subsection (e)(1) or (e)(2), and (ii) which is not less than 1 week. In the case of an electronic claim, this subparagraph shall be applied without regard to clause (i). (B) Payment of claim Notwithstanding subsection (e)(1) or (e)(2), if the Secretary has not paid pursuant to a claim filed under this section within 45 days of the date of the filing of such claim (20 days in the case of an electronic claim), the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. (C) Time for filing claim No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. (4) Special rule for vendor refunds (A) In general A claim may be filed under paragraph (4)(C) or (5) of subsection (l) by any person with respect to fuel sold by such person for any period (i) for which $200 or more ($100 or more in the case of kerosene) is payable under paragraph (4)(C) or (5) of subsection (l), and (ii) which is not less than 1 week. Notwithstanding subsection (l)(1), paragraph (3)(B) shall apply to claims filed under subsections (b)(4), (l)(4)(C)(ii), and (l)(5). (B) Time for filing claim No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim. (j) Applicable laws (1) In general All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4041 and 4081 shall, insofar as applicable and not inconsistent with this section, apply in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of overpayments of the tax so imposed.
(2) Examination of books and witnesses For the purpose of ascertaining the correctness of any claim made under this section, or the correctness of any payment made in respect of any such claim, the Secretary shall have the authority granted by paragraphs (1), (2), and (3) of section 7602 (a) (relating to examination of books and witnesses) as if the claimant were the person liable for tax. (k) Income tax credit in lieu of payment (1) Persons not subject to income tax Payment shall be made under this section only to (A) the United States or an agency or instrumentality thereof, a State, a political subdivision of a State, or any agency or instrumentality of one or more States or political subdivisions, or (B) an organization exempt from tax under section 501 (a) (other than an organization required to make a return of the tax imposed under subtitle A for its taxable year). (2) Exception Paragraph (1) shall not apply to a payment of a claim filed under paragraph (2), (3), or (4) of subsection (i). (3) Allowance of credit against income tax For allowances of credit against the income tax imposed by subtitle A for fuel used or resold by the purchaser, see section 34. (l) Nontaxable uses of diesel fuel and kerosene (1) In general Except as otherwise provided in this subsection and in subsection (k), if any diesel fuel or kerosene on which tax has been imposed by section4041 or 4081 is used by any person in a nontaxable use, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the aggregate amount of tax imposed on such fuel under section 4041 or 4081, as the case may be, reduced by any payment made to the ultimate vendor under paragraph (4)(C)(i). (2) Nontaxable use For purposes of this subsection, the term nontaxable use means any use which is exempt from the tax imposed by section 4041 (a)(1) other than by reason of a prior imposition of tax. (3) Refund of certain taxes on fuel used in diesel-powered trains For purposes of this subsection, the term nontaxable use includes fuel used in a dieselpowered train. The preceding sentence shall not apply with respect to (A) the Leaking Underground Storage Tank Trust Fund financing rate under sections 4041 and 4081, and (B) so much of the rate specified in section 4081 (a)(2)(A) as does not exceed the rate applicable under section 4041 (a)(1)(C)(ii). The preceding sentence shall not apply in the case of fuel sold for exclusive use by a State or any political subdivision thereof. (4) Refunds for kerosene used in aviation (A) Kerosene used in commercial aviation In the case of kerosene used in commercial aviation (as defined in section 4083 (b)) (other than supplies for vessels or aircraft within the meaning of section 4221 (d)(3)), paragraph (1) shall not apply to so much of the tax imposed by section 4041 or 4081, as the case may be, as is attributable to (i) the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section, and (ii) so much of the rate of tax specified in section 4041 (c) or4081 (a)(2)(A)(iii), as the case may be, as does not exceed 4.3 cents per gallon. (B) Kerosene used in noncommercial aviation In the case of kerosene used in aviation that is not commercial aviation (as so defined) (other than any use which is exempt from the tax imposed by section 4041 (c) other than by reason of a prior imposition of tax), paragraph (1) shall not apply to (i) any tax imposed by subsection (c) or (d)(2) of section 4041, and (ii) so much of the tax imposed by section 4081 as is attributable to (I) the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section, and
(II) so much of the rate of tax specified in section 4081 (a)(2)(A)(iii) as does not exceed the rate specified in section 4081(a)(2)(C)(ii). (C) Payments to ultimate, registered vendor (i) In general With respect to any kerosene used in aviation (other than kerosene described in clause (ii) or kerosene to which paragraph (5) applies), if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor (I) is registered under section 4101, and (II) meets the requirements of subparagraph (A), (B), or (D) of section 6416 (a)(1). (ii) Payments for kerosene used in noncommercial aviation The amount which would be paid under paragraph (1) with respect to any kerosene to which subparagraph (B) applies shall be paid only to the ultimate vendor of such kerosene. A payment shall be made to such vendor if such vendor (I) is registered under section 4101, and (II) meets the requirements of subparagraph (A), (B), or (D) of section 6416 (a)(1). (5) Registered vendors to administer claims for refund of diesel fuel or kerosene sold to State and local governments (A) In general Paragraph (1) shall not apply to diesel fuel or kerosene used by a State or local government. (B) Sales of kerosene not for use in motor fuel Paragraph (1) shall not apply to kerosene (other than kerosene used in aviation) sold by a vendor (i) for any use if such sale is from a pump which (as determined under regulations prescribed by the Secretary) is not suitable for use in fueling any diesel-powered highway vehicle or train, or (ii) to the extent provided by the Secretary, for blending with heating oil to be used during periods of extreme or unseasonable cold. (C) Payment to ultimate, registered vendor Except as provided in subparagraph (D), the amount which would (but for subparagraph (A) or (B)) have been paid under paragraph (1) with respect to any fuel shall be paid to the ultimate vendor of such fuel, if such vendor (i) is registered under section 4101, and (ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416 (a)(1). (D) Credit card issuer For purposes of this paragraph, if the purchase of any fuel described in subparagraph (A) (determined without regard to the registration status of the ultimate vendor) is made by means of a credit card issued to the ultimate purchaser, the Secretary shall pay to the person extending the credit to the ultimate purchaser the amount which would have been paid under paragraph (1) (but for subparagraph (A)), but only if such person meets the requirements of clauses (i), (ii), and (iii) of section 6416 (a)(4)(B). If such clause (i), (ii), or (iii) is not met by such person extending the credit to the ultimate purchaser, then such person shall collect an amount equal to the tax from the ultimate purchaser and only such ultimate purchaser may claim such amount. (m) Diesel fuel used to produce emulsion (1) In general Except as provided in subsection (k), if any diesel fuel on which tax was imposed by section 4081 at the regular tax rate is used by any person in producing an emulsion described in section 4081 (a)(2)(D) which is sold or used in such persons trade or business, the Secretary shall pay (without interest) to such person an amount equal to the excess of the regular tax rate over the incentive tax rate with respect to such fuel. (2) Definitions For purposes of paragraph (1) (A) Regular tax rate The term regular tax rate means the aggregate rate of tax imposed by section 4081 determined without regard to section 4081(a)(2)(D). (B) Incentive tax rate
The term incentive tax rate means the aggregate rate of tax imposed by section 4081 determined with regard to section 4081 (a)(2)(D). (n) Regulations The Secretary may by regulations prescribe the conditions, not inconsistent with the provisions of this section, under which payments may be made under this section. (o) Payments for taxes imposed by section 4041 (d) For purposes of subsections (a), (b), and (c), the taxes imposed by section4041 (d) shall be treated as imposed by section 4041 (a). (p) Cross references (1) For civil penalty for excessive claims under this section, see section6675. (2) For fraud penalties, etc., see chapter 75 (section 7201 and following, relating to crimes, other offenses, and forfeitures). (3) For treatment of an Indian tribal government as a State (and a subdivision of an Indian tribal government as a political subdivision of a State), see section 7871.
6428. 2008 recovery rebates for individuals

(a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2008 an amount equal to the lesser of (1) net income tax liability, or (2) $600 ($1,200 in the case of a joint return). (b) Special rules (1) In general In the case of a taxpayer described in paragraph (2) (A) the amount determined under subsection (a) shall not be less than $300 ($600 in the case of a joint return), and (B) the amount determined under subsection (a) (after the application of subparagraph (A)) shall be increased by the product of $300 multiplied by the number of qualifying children (within the meaning of section 24(c)) of the taxpayer. (2) Taxpayer described A taxpayer is described in this paragraph if the taxpayer (A) has qualifying income of at least $3,000, or (B) has (i) net income tax liability which is greater than zero, and (ii) gross income which is greater than the sum of the basic standard deduction plus the exemption amount (twice the exemption amount in the case of a joint return). (c) Treatment of credit The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (d) Limitation based on adjusted gross income The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by 5 percent of so much of the taxpayers adjusted gross income as exceeds $75,000 ($150,000 in the case of a joint return). (e) Definitions For purposes of this section (1) Qualifying income The term qualifying income means (A) earned income, (B) social security benefits (within the meaning of section 86 (d)), and (C) any compensation or pension received under chapter 11, chapter 13, or chapter 15 of title 38, United States Code. (2) Net income tax liability The term net income tax liability means the excess of
(A) the sum of the taxpayers regular tax liability (within the meaning of section 26 (b)) and the tax imposed by section 55 for the taxable year, over (B) the credits allowed by part IV (other than section 24 and subpart C thereof) of subchapter A of chapter 1. (3) Eligible individual The term eligible individual means any individual other than (A) any nonresident alien individual, (B) any individual with respect to whom a deduction under section151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individuals taxable year begins, and (C) an estate or trust. (4) Earned income The term earned income has the meaning set forth in section 32 (c)(2)except that such term shall not include net earnings from self-employment which are not taken into account in computing taxable income. (5) Basic standard deduction; exemption amount The terms basic standard deduction and exemption amount shall have the same respective meanings as when used in section 6012 (a). (f) Coordination with advance refunds of credit (1) In general The amount of credit which would (but for this paragraph) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (g). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213 (b)(1). (2) Joint returns In the case of a refund or credit made or allowed under subsection (g) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. (g) Advance refunds and credits (1) In general Each individual who was an eligible individual for such individuals first taxable year beginning in 2007 shall be treated as having made a payment against the tax imposed by chapter 1 for such first taxable year in an amount equal to the advance refund amount for such taxable year. (2) Advance refund amount For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such first taxable year if this section (other than subsection (f) and this subsection) had applied to such taxable year. (3) Timing of payments The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. No refund or credit shall be made or allowed under this subsection after December 31, 2008. (4) No interest No interest shall be allowed on any overpayment attributable to this section. (h) Identification number requirement (1) In general No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year (A) such individuals valid identification number, (B) in the case of a joint return, the valid identification number of such individuals spouse, and (C) in the case of any qualifying child taken into account under subsection (b)(1)(B), the valid identification number of such qualifying child. (2) Valid identification number For purposes of paragraph (1), the term valid identification number means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service. (3) Special rule for members of the Armed Forces
Paragraph (1) shall not apply to a joint return where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year.
6429. Advance payment of portion of increased child credit for 2003

(a) In general Each taxpayer who was allowed a credit under section 24 on the return for the taxpayers first taxable year beginning in 2002 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the child tax credit refund amount (if any) for such taxable year. (b) Child tax credit refund amount For purposes of this section, the child tax credit refund amount is the amount by which the aggregate credits allowed under part IV of subchapter A of chapter 1 for such first taxable year would have been increased if (1) the per child amount under section 24 (a)(2) for such year were $1,000, (2) only qualifying children (as defined in section 24(c)) of the taxpayer for such year who had not attained age 17 as of December 31, 2003, were taken into account, and (3) section 24 (d)(1)(B)(ii) did not apply. (c) Timing of payments In the case of any overpayment attributable to this section, the Secretary shall, subject to the provisions of this title, refund or credit such overpayment as rapidly as possible and, to the extent practicable, before October 1, 2003. No refund or credit shall be made or allowed under this section after December 31, 2003. (d) Coordination with child tax credit (1) In general The amount of credit which would (but for this subsection and section 26) be allowed under section 24 for the taxpayers first taxable year beginning in 2003 shall be reduced (but not below zero) by the payments made to the taxpayer under this section. Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213 (b)(1). (2) Joint returns In the case of a payment under this section with respect to a joint return, half of such payment shall be treated as having been made to each individual filing such return. (e) No interest No interest shall be allowed on any overpayment attributable to this section.
6430. Treatment of tax imposed at Leaking Underground Storage Tank Trust Fund financing rate
No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels (1) which are exempt from tax under section 4081 (a) by reason of section4082 (f)(2), (2) which are exempt from tax under section 4041 (d) by reason of the last sentence of paragraph (5) thereof, or (3) with respect to which the rate increase under section 4081 (a)(2)(B) is zero by reason of section 4082 (e)(2).
6431. Credit for qualified bonds allowed to issuer

(a) In general In the case of a qualified bond issued before January 1, 2011, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). (b) Payment of credit The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) 35 percent of the interest payable under such bond on such date. (c) Application of arbitrage rules For purposes of section 148, the yield on a qualified bond shall be reduced by the credit allowed under this section. (d) Interest payment date For purposes of this subsection, the term interest payment date means each date on which interest is payable by the issuer under the terms of the bond. (e) Qualified bond For purposes of this subsection, the term qualified bond has the meaning given such term in section 54AA (g).
6432. COBRA premium assistance

(a) In general The person to whom premiums are payable under COBRA continuation coverage shall be reimbursed as provided in subsection (c) for the amount of premiums not paid by assistance eligible individuals by reason of section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009.[1] (b) Person entitled to reimbursement For purposes of subsection (a), except as otherwise provided by the Secretary, the person to whom premiums are payable under COBRA continuation coverage shall be treated as being (1) in the case of any group health plan which is a multiemployer plan (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974), the plan, (2) in the case of any group health plan not described in paragraph (1) (A) which is subject to the COBRA continuation provisions contained in (i) the Internal Revenue Code of 1986, (ii) the Employee Retirement Income Security Act of 1974, (iii) the Public Health Service Act, or (iv) title 5, United States Code, or (B) under which some or all of the coverage is not provided by insurance, the employer maintaining the plan, and (3) in the case of any group health plan not described in paragraph (1) or (2), the insurer providing the coverage under the group health plan. (c) Method of reimbursement Except as otherwise provided by the Secretary (1) Treatment as payment of payroll taxes Each person entitled to reimbursement under subsection (a) (and filing a claim for such reimbursement at such time and in such manner as the Secretary may require) shall be treated for purposes of this title and section 1324 (b)(2) of title 31, United States Code, as having paid to the Secretary, on the date that the assistance eligible individuals premium payment is received, payroll taxes in an amount equal to the portion of such reimbursement which relates to such premium. To the extent that the amount treated as paid under the preceding sentence exceeds the amount of such persons liability for such taxes, the
Secretary shall credit or refund such excess in the same manner as if it were an overpayment of such taxes. (2) Overstatements Any overstatement of the reimbursement to which a person is entitled under this section (and any amount paid by the Secretary as a result of such overstatement) shall be treated as an underpayment of payroll taxes by such person and may be assessed and collected by the Secretary in the same manner as payroll taxes. (3) Reimbursement contingent on payment of remaining premium No reimbursement may be made under this section to a person with respect to any assistance eligible individual until after the reduced premium required under section 3002(a) (1)(A) of such Act [1] with respect to such individual has been received. (d) Definitions For purposes of this section (1) Payroll taxes The term payroll taxes means (A) amounts required to be deducted and withheld for the payroll period under section 3402 (relating to wage withholding), (B) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and (C) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). (2) Person The term person includes any governmental entity. (e) Reporting Each person entitled to reimbursement under subsection (a) for any period shall submit such reports (at such time and in such manner) as the Secretary may require, including (1) an attestation of involuntary termination of employment for each covered employee on the basis of whose termination entitlement to reimbursement is claimed under subsection (a), (2) a report of the amount of payroll taxes offset under subsection (a) for the reporting period and the estimated offsets of such taxes for the subsequent reporting period in connection with reimbursements under subsection (a), and (3) a report containing the TINs of all covered employees, the amount of subsidy reimbursed with respect to each covered employee and qualified beneficiaries, and a designation with respect to each covered employee as to whether the subsidy reimbursement is for coverage of 1 individual or 2 or more individuals. (f) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section, including (1) the requirement to report information or the establishment of other methods for verifying the correct amounts of reimbursements under this section, and (2) the application of this section to group health plans that are multiemployer plans (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974).
CHAPTER 66LIMITATIONS
Subchapter ALimitations on Assessment and Collection ( 65016504) Subchapter BLimitations on Credit or Refund ( 65116515) Subchapter CMitigation of Effect of Period of Limitations ( 6521)
Subchapter DPeriods of Limitation in Judicial Proceedings ( 65316533)
Subchapter ALimitations on Assessment and Collection

6501. Limitations on assessment and collection 6502. Collection after assessment 6503. Suspension of running of period of limitation 6504. Cross references
6501. Limitations on assessment and collection

(a) General rule Except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within 3 years after the return was filed (whether or not such return was filed on or after the date prescribed) or, if the tax is payable by stamp, at any time after such tax became due and before the expiration of 3 years after the date on which any part of such tax was paid, and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period. For purposes of this chapter, the term return means the return required to be filed by the taxpayer (and does not include a return of any person from whom the taxpayer has received an item of income, gain, loss, deduction, or credit). (b) Time return deemed filed (1) Early return For purposes of this section, a return of tax imposed by this title, except tax imposed by chapter 3, 21, or 24, filed before the last day prescribed by law or by regulations promulgated pursuant to law for the filing thereof, shall be considered as filed on such last day. (2) Return of certain employment taxes and tax imposed by chapter 3 For purposes of this section, if a return of tax imposed by chapter 3, 21, or 24 for any period ending with or within a calendar year is filed before April 15 of the succeeding calendar year, such return shall be considered filed on April 15 of such calendar year. (3) Return executed by Secretary Notwithstanding the provisions of paragraph (2) of section 6020 (b), the execution of a return by the Secretary pursuant to the authority conferred by such section shall not start the running of the period of limitations on assessment and collection. (4) Return of excise taxes For purposes of this section, the filing of a return for a specified period on which an entry has been made with respect to a tax imposed under a provision of subtitle D (including a return on which an entry has been made showing no liability for such tax for such period) shall constitute the filing of a return of all amounts of such tax which, if properly paid, would be required to be reported on such return for such period. (c) Exceptions (1) False return In the case of a false or fraudulent return with the intent to evade tax, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time.
(2) Willful attempt to evade tax In case of a willful attempt in any manner to defeat or evade tax imposed by this title (other than tax imposed by subtitle A or B), the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (3) No return In the case of failure to file a return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (4) Extension by agreement (A) In general Where, before the expiration of the time prescribed in this section for the assessment of any tax imposed by this title, except the estate tax provided in chapter 11, both the Secretary and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (B) Notice to taxpayer of right to refuse or limit extension The Secretary shall notify the taxpayer of the taxpayers right to refuse to extend the period of limitations, or to limit such extension to particular issues or to a particular period of time, on each occasion when the taxpayer is requested to provide such consent. (5) Tax resulting from changes in certain income tax or estate tax credits For special rules applicable in cases where the adjustment of certain taxes allowed as a credit against income taxes or estate taxes results in additional tax, see section 905 (c) (relating to the foreign tax credit for income tax purposes) and section 2016(relating to taxes of foreign countries, States, etc., claimed as credit against estate taxes). (6) Termination of private foundation status In the case of a tax on termination of private foundation status under section 507, such tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (7) Special rule for certain amended returns Where, within the 60-day period ending on the day on which the time prescribed in this section for the assessment of any tax imposed by subtitle A for any taxable year would otherwise expire, the Secretary receives a written document signed by the taxpayer showing that the taxpayer owes an additional amount of such tax for such taxable year, the period for the assessment of such additional amount shall not expire before the day 60 days after the day on which the Secretary receives such document. (8) Failure to notify Secretary of certain foreign transfers In the case of any information which is required to be reported to the Secretary under section 6038, 6038A, 6038B, 6046, 6046A, or 6048, the time for assessment of any tax imposed by this title with respect to any event or period to which such information relates shall not expire before the date which is 3 years after the date on which the Secretary is furnished the information required to be reported under such section. (9) Gift tax on certain gifts not shown on return If any gift of property the value of which (or any increase in taxable gifts required under section 2701 (d) which) is required to be shown on a return of tax imposed by chapter 12 (without regard to section 2503 (b)), and is not shown on such return, any tax imposed by chapter 12 on such gift may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. The preceding sentence shall not apply to any item which is disclosed in such return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item. (10) Listed transactions If a taxpayer fails to include on any return or statement for any taxable year any information with respect to a listed transaction (as defined in section 6707A (c)(2)) which is required under section 6011 to be included with such return or statement, the time for assessment of any tax imposed by this title with respect to such transaction shall not expire before the date which is 1 year after the earlier of (A) the date on which the Secretary is furnished the information so required, or
(B) the date that a material advisor meets the requirements of section 6112 with respect to a request by the Secretary under section6112 (b) relating to such transaction with respect to such taxpayer. (d) Request for prompt assessment Except as otherwise provided in subsection (c), (e), or (f), in the case of any tax (other than the tax imposed by chapter 11 of subtitle B, relating to estate taxes) for which return is required in the case of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within 18 months after written request therefor (filed after the return is made and filed in such manner and such form as may be prescribed by regulations of the Secretary) by the executor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of 3 years after the return was filed. This subsection shall not apply in the case of a corporation unless (1) (A) such written request notifies the Secretary that the corporation contemplates dissolution at or before the expiration of such 18-month period, (B) the dissolution is in good faith begun before the expiration of such 18-month period, and (C) the dissolution is completed; (2) (A) such written request notifies the Secretary that a dissolution has in good faith been begun, and (B) the dissolution is completed; or (3) a dissolution has been completed at the time such written request is made. (e) Substantial omission of items Except as otherwise provided in subsection (c) (1) Income taxes In the case of any tax imposed by subtitle A (A) General rule If the taxpayer omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in the return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. For purposes of this subparagraph (i) In the case of a trade or business, the term gross income means the total of the amounts received or accrued from the sale of goods or services (if such amounts are required to be shown on the return) prior to diminution by the cost of such sales or services; and (ii) In determining the amount omitted from gross income, there shall not be taken into account any amount which is omitted from gross income stated in the return if such amount is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature and amount of such item. (B) Constructive dividends If the taxpayer omits from gross income an amount properly includible therein under section 951 (a), the tax may be assessed, or a proceeding in court for the collection of such tax may be done without assessing, at any time within 6 years after the return was filed. (2) Estate and gift taxes In the case of a return of estate tax under chapter 11 or a return of gift tax under chapter 12, if the taxpayer omits from the gross estate or from the total amount of the gifts made during the period for which the return was filed items includible in such gross estate or such total gifts, as the case may be, as exceed in amount 25 percent of the gross estate stated in the return or the total amount of gifts stated in the return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. In determining the items omitted from the gross estate or the total gifts, there shall not be taken into account any item which is omitted from the gross estate or from the total gifts stated in the return if such item is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature and amount of such item. (3) Excise taxes
In the case of a return of a tax imposed under a provision of subtitle D, if the return omits an amount of such tax properly includible thereon which exceeds 25 percent of the amount of such tax reported thereon, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return is filed. In determining the amount of tax omitted on a return, there shall not be taken into account any amount of tax imposed by chapter 41, 42, 43, or 44 which is omitted from the return if the transaction giving rise to such tax is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the existence and nature of such item. (f) Personal holding company tax If a corporation which is a personal holding company for any taxable year fails to file with its return under chapter 1 for such year a schedule setting forth (1) the items of gross income and adjusted ordinary gross income, described in section 543, received by the corporation during such year, and (2) the names and addresses of the individuals who owned, within the meaning of section 544 (relating to rules for determining stock ownership), at any time during the last half of such year more than 50 percent in value of the outstanding capital stock of the corporation, the personal holding company tax for such year may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return for such year was filed. (g) Certain income tax returns of corporations (1) Trusts or partnerships If a taxpayer determines in good faith that it is a trust or partnership and files a return as such under subtitle A, and if such taxpayer is thereafter held to be a corporation for the taxable year for which the return is filed, such return shall be deemed the return of the corporation for purposes of this section. (2) Exempt organizations If a taxpayer determines in good faith that it is an exempt organization and files a return as such under section 6033, and if such taxpayer is thereafter held to be a taxable organization for the taxable year for which the return is filed, such return shall be deemed the return of the organization for purposes of this section. (3) DISC If a corporation determines in good faith that it is a DISC (as defined in section 992 (a)) and files a return as such under section 6011 (c)(2) and if such corporation is thereafter held to be a corporation which is not a DISC for the taxable year for which the return is filed, such return shall be deemed the return of a corporation which is not a DISC for purposes of this section. (h) Net operating loss or capital loss carrybacks In the case of a deficiency attributable to the application to the taxpayer of a net operating loss carryback or a capital loss carryback (including deficiencies which may be assessed pursuant to the provisions of section 6213 (b)(3)), such deficiency may be assessed at any time before the expiration of the period within which a deficiency for the taxable year of the net operating loss or net capital loss which results in such carryback may be assessed. (i) Foreign tax carrybacks In the case of a deficiency attributable to the application to the taxpayer of a carryback under section 904 (c) (relating to carryback and carryover of excess foreign taxes) or under section 907 (f) (relating to carryback and carryover of disallowed foreign oil and gas taxes), such deficiency may be assessed at any time before the expiration of one year after the expiration of the period within which a deficiency may be assessed for the taxable year of the excess taxes described in section 904 (c) or 907 (f) which result in such carryback. (j) Certain credit carrybacks (1) In general In the case of a deficiency attributable to the application to the taxpayer of a credit carryback (including deficiencies which may be assessed pursuant to the provisions of section 6213 (b) (3)), such deficiency may be assessed at any time before the expiration of the period within which a deficiency for the taxable year of the unused credit which results in such carryback may be assessed, or with respect to any portion of a credit carryback from a taxable year
attributable to a net operating loss carryback, capital loss carryback, or other credit carryback from a subsequent taxable year, at any time before the expiration of the period within which a deficiency for such subsequent taxable year may be assessed. (2) Credit carryback defined For purposes of this subsection, the term credit carryback has the meaning given such term by section 6511 (d)(4)(C). (k) Tentative carryback adjustment assessment period In a case where an amount has been applied, credited, or refunded under section 6411 (relating to tentative carryback and refund adjustments) by reason of a net operating loss carryback, a capital loss carryback, or a credit carryback (as defined in section 6511 (d)(4)(C)) to a prior taxable year, the period described in subsection (a) of this section for assessing a deficiency for such prior taxable year shall be extended to include the period described in subsection (h) or (j), whichever is applicable; except that the amount which may be assessed solely by reason of this subsection shall not exceed the amount so applied, credited, or refunded under section 6411, reduced by any amount which may be assessed solely by reason of subsection (h) or (j), as the case may be. (l) Special rule for chapter 42 and similar taxes (1) In general For purposes of any tax imposed by section 4912, by chapter 42 (other than section 4940), or by section 4975, the return referred to in this section shall be the return filed by the private foundation, plan, trust, or other organization (as the case may be) for the year in which the act (or failure to act) giving rise to liability for such tax occurred. For purposes of section 4940, such return is the return filed by the private foundation for the taxable year for which the tax is imposed. (2) Certain contributions to section 501 (c)(3) organizations In the case of a deficiency of tax of a private foundation making a contribution in the manner provided in section 4942 (g)(3) (relating to certain contributions to section 501 (c) (3) organizations) attributable to the failure of a section 501 (c)(3) organization to make the distribution prescribed by section 4942 (g)(3), such deficiency may be assessed at any time before the expiration of one year after the expiration of the period within which a deficiency may be assessed for the taxable year with respect to which the contribution was made. (3) Certain set-asides described in section 4942 (g)(2) In the case of a deficiency attributable to the failure of an amount set aside by a private foundation for a specific project to be treated as a qualifying distribution under the provisions of section 4942 (g)(2)(B)(ii), such deficiency may be assessed at any time before the expiration of 2 years after the expiration of the period within which a deficiency may be assessed for the taxable year to which the amount set aside relates. (m) Deficiencies attributable to election of certain credits The period for assessing a deficiency attributable to any election under section 30 (e) (6), 30B (h)(9), 30C (e)(5), 30D (e)(4), 40 (f), 43, 45B, 45C (d)(4), 45H (g), or 51 (j) (or any revocation thereof) shall not expire before the date 1 year after the date on which the Secretary is notified of such election (or revocation). (n) Cross references (1) For period of limitations for assessment and collection in the case of a joint income return filed after separate returns have been filed, see section6013 (b)(3) and (4). (2) For extension of period in the case of partnership items (as defined in section 6231 (a) (3)), see section 6229. (3) For declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return, see section6234.
6502. Collection after assessment

(a) Length of period Where the assessment of any tax imposed by this title has been made within the period of limitation properly applicable thereto, such tax may be collected by levy or by a proceeding in court, but only if the levy is made or the proceeding begun
(1) within 10 years after the assessment of the tax, or (2) if (A) there is an installment agreement between the taxpayer and the Secretary, prior to the date which is 90 days after the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer at the time the installment agreement was entered into; or (B) there is a release of levy under section 6343 after such 10-year period, prior to the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer before such release. If a timely proceeding in court for the collection of a tax is commenced, the period during which such tax may be collected by levy shall be extended and shall not expire until the liability for the tax (or a judgment against the taxpayer arising from such liability) is satisfied or becomes unenforceable. (b) Date when levy is considered made The date on which a levy on property or rights to property is made shall be the date on which the notice of seizure provided in section 6335 (a) is given.
6503. Suspension of running of period of limitation

(a) Issuance of statutory notice of deficiency (1) General rule The running of the period of limitations provided in section 6501 or 6502(or section 6229, but only with respect to a deficiency described in paragraph (2)(A) or (3) of section 6230 (a)). [1] on the making of assessments or the collection by levy or a proceeding in court, in respect of any deficiency as defined in section 6211 (relating to income, estate, gift and certain excise taxes), shall (after the mailing of a notice under section 6212 (a)) be suspended for the period during which the Secretary is prohibited from making the assessment or from collecting by levy or a proceeding in court (and in any event, if a proceeding in respect of the deficiency is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter. (2) Corporation joining in consolidated income tax return If a notice under section 6212 (a) in respect of a deficiency in tax imposed by subtitle A for any taxable year is mailed to a corporation, the suspension of the running of the period of limitations provided in paragraph (1) of this subsection shall apply in the case of corporations with which such corporation made a consolidated income tax return for such taxable year. (b) Assets of taxpayer in control or custody of court The period of limitations on collection after assessment prescribed in section6502 shall be suspended for the period the assets of the taxpayer are in the control or custody of the court in any proceeding before any court of the United States or of any State or of the District of Columbia, and for 6 months thereafter. (c) Taxpayer outside United States The running of the period of limitations on collection after assessment prescribed in section 6502 shall be suspended for the period during which the taxpayer is outside the United States if such period of absence is for a continuous period of at least 6 months. If the preceding sentence applies and at the time of the taxpayers return to the United States the period of limitations on collection after assessment prescribed in section 6502 would expire before the expiration of 6 months from the date of his return, such period shall not expire before the expiration of such 6 months. (d) Extensions of time for payment of estate tax The running of the period of limitation for collection of any tax imposed by chapter 11 shall be suspended for the period of any extension of time for payment granted under the provisions of section 6161 (a)(2) or (b)(2) or under the provisions of section 6163 or 6166. (e) Extensions of time for payment of tax attributable to recoveries of foreign expropriation losses
The running of the period of limitations for collection of the tax attributable to a recovery of a foreign expropriation loss (within the meaning of section 6167(f)) shall be suspended for the period of any extension of time for payment under subsection (a) or (b) of section 6167. (f) Wrongful seizure of or lien on property of third party (1) Wrongful seizure The running of the period under section 6502 shall be suspended for a period equal to the period from the date property (including money) of a third party is wrongfully seized or received by the Secretary to the date the Secretary returns property pursuant to section 6343 (b) or the date on which a judgment secured pursuant to section 7426 with respect to such property becomes final, and for 30 days thereafter. The running of such period shall be suspended under this paragraph only with respect to the amount of such assessment equal to the amount of money or the value of specific property returned. (2) Wrongful lien In the case of any assessment for which a lien was made on any property, the running of the period under section 6502 shall be suspended for a period equal to the period beginning on the date any person becomes entitled to a certificate under section 6325 (b)(4) with respect to such property and ending on the date which is 30 days after the earlier of (A) the earliest date on which the Secretary no longer holds any amount as a deposit or bond provided under section 6325 (b)(4) by reason of such deposit or bond being used to satisfy the unpaid tax or being refunded or released; or (B) the date that the judgment secured under section 7426 (b)(5)becomes final. The running of such period shall be suspended under this paragraph only with respect to the amount of such assessment equal to the value of the interest of the United States in the property plus interest, penalties, additions to the tax, and additional amounts attributable thereto. (g) Suspension pending correction The running of the periods of limitations provided in sections 6501 and 6502on the making of assessments or the collection by levy or a proceeding in court in respect of any tax imposed by chapter 42 or section 507, 4971, or4975 shall be suspended for any period described in section 507 (g)(2) or during which the Secretary has extended the time for making correction under section 4963 (e). (h) Cases under title 11 of the United States Code The running of the period of limitations provided in section 6501 or 6502 on the making of assessments or collection shall, in a case under title 11 of the United States Code, be suspended for the period during which the Secretary is prohibited by reason of such case from making the assessment or from collecting and (1) for assessment, 60 days thereafter, and (2) for collection, 6 months thereafter. (i) Extension of time for payment of undistributed PFIC earnings tax liability The running of any period of limitations for collection of any amount of undistributed PFIC earnings tax liability (as defined in section 1294 (b)) shall be suspended for the period of any extension of time under section 1294 for payment of such amount. (j) Extension in case of certain summonses (1) In general If any designated summons is issued by the Secretary to a corporation (or to any other person to whom the corporation has transferred records) with respect to any return of tax by such corporation for a taxable year (or other period) for which such corporation is being examined under the coordinated examination program (or any successor program) of the Internal Revenue Service, the running of any period of limitations provided in section 6501 on the assessment of such tax shall be suspended (A) during any judicial enforcement period (i) with respect to such summons, or (ii) with respect to any other summons which is issued during the 30-day period which begins on the date on which such designated summons is issued and which relates to the same return as such designated summons, and (B) if the court in any proceeding referred to in paragraph (3) requires any compliance with a summons referred to in subparagraph (A), during the 120-day period beginning with the 1st day after the close of the suspension under subparagraph (A).
If subparagraph (B) does not apply, such period shall in no event expire before the 60th day after the close of the suspension under subparagraph (A). (2) Designated summons For purposes of this subsection (A) In general The term designated summons means any summons issued for purposes of determining the amount of any tax imposed by this title if (i) the issuance of such summons is preceded by a review of such issuance by the regional counsel of the Office of Chief Counsel for the region in which the examination of the corporation is being conducted, (ii) such summons is issued at least 60 days before the day on which the period prescribed in section 6501 for the assessment of such tax expires (determined with regard to extensions), and (iii) such summons clearly states that it is a designated summons for purposes of this subsection. (B) Limitation A summons which relates to any return shall not be treated as a designated summons if a prior summons which relates to such return was treated as a designated summons for purposes of this subsection. (3) Judicial enforcement period For purposes of this subsection, the term judicial enforcement period means, with respect to any summons, the period (A) which begins on the day on which a court proceeding with respect to such summons is brought, and (B) which ends on the day on which there is a final resolution as to the summoned persons response to such summons. (k) Cross references For suspension in case of (1) Deficiency dividends of a personal holding company, see section 547(f). (2) Receiverships, see subchapter B of chapter 70. (3) Claims against transferees and fiduciaries, see chapter 71. (4) Tax return preparers, see section 6694 (c)(3). (5) Deficiency dividends in the case of a regulated investment company or a real estate investment trust, see section 860 (h).
[1] So in original.

For limitation period in case of (1) Adjustments to accrued foreign taxes, see section 905 (c). (2) Change of treatment with respect to itemized deductions where taxpayer and his spouse make separate returns, see section 63 (e)(3). (3) Involuntary conversion of property, see section 1033 (a)(2)(C) and (D). (4) Application by fiduciary for discharge from personal liability for estate tax, see section 2204. (5) Insolvent banks and trust companies, see section 7507. (6) Service in a combat zone, etc., see section 7508. (7) Claims against transferees and fiduciaries, see chapter 71. (8) Assessments to recover excessive amounts paid under section 6420(relating to gasoline used on farms), 6421 (relating to gasoline used for certain nonhighway purposes or by local transit systems), or 6427 (relating to fuels not used for taxable purposes) and assessments of civil penalties under section6675 for excessive claims under section 6420, 6421, or 6427, see section 6206. (9) Assessment and collection of interest, see section 6601 (g).
(10) Assessment of civil penalties under section 6694 or 6695, see section6696 (d)(1). (11) Assessments of tax attributable to partnership items, see section 6229.
Subchapter BLimitations on Credit or Refund

6511. Limitations on credit or refund 6512. Limitations in case of petition to Tax Court 6513. Time return deemed filed and tax considered paid 6514. Credits or refunds after period of limitation 6515. Cross references
6511. Limitations on credit or refund

(a) Period of limitation on filing claim Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid. (b) Limitation on allowance of credits and refunds (1) Filing of claim within prescribed period No credit or refund shall be allowed or made after the expiration of the period of limitation prescribed in subsection (a) for the filing of a claim for credit or refund, unless a claim for credit or refund is filed by the taxpayer within such period. (2) Limit on amount of credit or refund (A) Limit where claim filed within 3-year period If the claim was filed by the taxpayer during the 3-year period prescribed in subsection (a), the amount of the credit or refund shall not exceed the portion of the tax paid within the period, immediately preceding the filing of the claim, equal to 3 years plus the period of any extension of time for filing the return. If the tax was required to be paid by means of a stamp, the amount of the credit or refund shall not exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim. (B) Limit where claim not filed within 3-year period If the claim was not filed within such 3-year period, the amount of the credit or refund shall not exceed the portion of the tax paid during the 2 years immediately preceding the filing of the claim. (C) Limit if no claim filed If no claim was filed, the credit or refund shall not exceed the amount which would be allowable under subparagraph (A) or (B), as the case may be, if claim was filed on the date the credit or refund is allowed. (c) Special rules applicable in case of extension of time by agreement If an agreement under the provisions of section 6501 (c)(4) extending the period for assessment of a tax imposed by this title is made within the period prescribed in subsection (a) for the filing of a claim for credit or refund (1) Time for filing claim The period for filing claim for credit or refund or for making credit or refund if no claim is filed, provided in subsections (a) and (b)(1), shall not expire prior to 6 months after the
expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof under section 6501 (c)(4). (2) Limit on amount If a claim is filed, or a credit or refund is allowed when no claim was filed, after the execution of the agreement and within 6 months after the expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof, the amount of the credit or refund shall not exceed the portion of the tax paid after the execution of the agreement and before the filing of the claim or the making of the credit or refund, as the case may be, plus the portion of the tax paid within the period which would be applicable under subsection (b)(2) if a claim had been filed on the date the agreement was executed. (3) Claims not subject to special rule This subsection shall not apply in the case of a claim filed, or credit or refund allowed if no claim is filed, either (A) prior to the execution of the agreement or (B) more than 6 months after the expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof. (d) Special rules applicable to income taxes (1) Seven-year period of limitation with respect to bad debts and worthless securities If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of (A) The deductibility by the taxpayer, under section 166 or section 832(c), of a debt as a debt which became worthless, or, under section 165(g), of a loss from worthlessness of a security, or (B) The effect that the deductibility of a debt or loss described in subparagraph (A) has on the application to the taxpayer of a carryover, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be 7 years from the date prescribed by law for filing the return for the year with respect to which the claim is made. If the claim for credit or refund relates to an overpayment on account of the effect that the deductibility of such a debt or loss has on the application to the taxpayer of a carryback, the period shall be either 7 years from the date prescribed by law for filing the return for the year of the net operating loss which results in such carryback or the period prescribed in paragraph (2) of this subsection, whichever expires the later. In the case of a claim described in this paragraph the amount of the credit or refund may exceed the portion of the tax paid within the period prescribed in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to the deductibility of items described in this paragraph. (2) Special period of limitation with respect to net operating loss or capital loss carrybacks (A) Period of limitation If the claim for credit or refund relates to an overpayment attributable to a net operating loss carryback or a capital loss carryback, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends 3 years after the time prescribed by law for filing the return (including extensions thereof) for the taxable year of the net operating loss or net capital loss which results in such carryback, or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback. (B) Applicable rules (i) In general If the allowance of a credit or refund of an overpayment of tax attributable to a net operating loss carryback or a capital loss carryback is otherwise prevented by the operation of any law or rule of law other than section 7122(relating to compromises), such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. (ii) Tentative carryback adjustments If the allowance of an application, credit, or refund of a decrease in tax determined under section 6411 (b) is otherwise prevented by the operation of any law or rule of law other than section 7122, such application, credit, or refund may be
allowed or made if application for a tentative carryback adjustment is made within the period provided in section 6411 (a). (iii) Determinations by courts to be conclusive In the case of any such claim for credit or refund or any such application for a tentative carryback adjustment, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall be conclusive except with respect to (I) the net operating loss deduction and the effect of such deduction, and (II) the determination of a short-term capital loss and the effect of such short-term capital loss, to the extent that such deduction or short-term capital loss is affected by a carryback which was not an issue in such proceeding. (3) Special rules relating to foreign tax credit (A) Special period of limitation with respect to foreign taxes paid or accrued If the claim for credit or refund relates to an overpayment attributable to any taxes paid or accrued to any foreign country or to any possession of the United States for which credit is allowed against the tax imposed by subtitle A in accordance with the provisions of section 901 or the provisions of any treaty to which the United States is a party, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be 10 years from the date prescribed by law for filing the return for the year in which such taxes were actually paid or accrued. (B) Exception in the case of foreign taxes paid or accrued In the case of a claim described in subparagraph (A), the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to the allowance of a credit for the taxes described in subparagraph (A). (4) Special period of limitation with respect to certain credit carrybacks (A) Period of limitation If the claim for credit or refund relates to an overpayment attributable to a credit carryback, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends 3 years after the time prescribed by law for filing the return (including extensions thereof) for the taxable year of the unused credit which results in such carryback (or, with respect to any portion of a credit carryback from a taxable year attributable to a net operating loss carryback, capital loss carryback, or other credit carryback from a subsequent taxable year, the period shall be that period which ends 3 years after the time prescribed by law for filing the return, including extensions thereof, for such subsequent taxable year) or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback. (B) Applicable rules If the allowance of a credit or refund of an overpayment of tax attributable to a credit carryback is otherwise prevented by the operation of any law or rule of law other than section 7122, relating to compromises, such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. In the case of any such claim for credit or refund, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall not be conclusive with respect to any credit, and the effect of such credit, to the extent that such credit is affected by a credit carryback which was not in issue in such proceeding. (C) Credit carryback defined For purposes of this paragraph, the term credit carryback means any business carryback under section 39. (5) Special period of limitation with respect to self-employment tax in certain cases If the claim for credit or refund relates to an overpayment of the tax imposed by chapter 2 (relating to the tax on self-employment income) attributable to an agreement, or modification of an agreement, made pursuant to section 218 of the Social Security Act (relating to coverage of State and local employees), and if the allowance of a credit or refund of such overpayment is otherwise prevented by the operation of any law or rule of law other than section 7122 (relating to compromises), such credit or refund may be allowed or made if claim therefor is filed on or before the last day of the second year after the calendar year in
which such agreement (or modification) is agreed to by the State and the Commissioner of Social Security. (6) Special period of limitation with respect to amounts included in income subsequently recaptured under qualified plan termination If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of the recapture, under section 4045 of the Employee Retirement Income Security Act of 1974, of amounts included in income for a prior taxable year, the 3-year period of limitation prescribed in subsection (a) shall be extended, for purposes of permitting a credit or refund of the amount of the recapture, until the date which occurs one year after the date on which such recaptured amount is paid by the taxpayer. (7) Special period of limitation with respect to self-employment tax in certain cases If (A) the claim for credit or refund relates to an overpayment of the tax imposed by chapter 2 (relating to the tax on self-employment income) attributable to Tax Court determination in a proceeding under section7436, and (B) the allowance of a credit or refund of such overpayment is otherwise prevented by the operation of any law or rule of law other than section 7122 (relating to compromises), such credit or refund may be allowed or made if claim therefor is filed on or before the last day of the second year after the calendar year in which such determination becomes final. (8) Special rules when uniformed services retired pay is reduced as a result of award of disability compensation (A) Period of limitation on filing claim If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of (i) the reduction of uniformed services retired pay computed under section 1406 or 1407 of title 10, United States Code, or (ii) the waiver of such pay under section 5305 of title 38 of such Code, as a result of an award of compensation under title 38 of such Code pursuant to a determination by the Secretary of Veterans Affairs, the 3-year period of limitation prescribed in subsection (a) shall be extended, for purposes of permitting a credit or refund based upon the amount of such reduction or waiver, until the end of the 1-year period beginning on the date of such determination. (B) Limitation to 5 taxable years Subparagraph (A) shall not apply with respect to any taxable year which began more than 5 years before the date of such determination. [(e) Repealed. Pub. L. 101508, title XI, 11801(c)(22)(C), Nov. 5, 1990, 104 Stat. 1388528] (f) Special rule for chapter 42 and similar taxes For purposes of any tax imposed by section 4912, chapter 42section 4912, chapter 42, or section 4975, the return referred to in subsection (a) shall be the return specified in section 6501 (l)(1). (g) Special rule for claims with respect to partnership items In the case of any tax imposed by subtitle A with respect to any person which is attributable to any partnership item (as defined in section 6231 (a)(3)), the provisions of section 6227 and subsections (c) and (d) of section 6230 shall apply in lieu of the provisions of this subchapter. (h) Running of periods of limitation suspended while taxpayer is unable to manage financial affairs due to disability (1) In general In the case of an individual, the running of the periods specified in subsections (a), (b), and (c) shall be suspended during any period of such individuals life that such individual is financially disabled. (2) Financially disabled (A) In general For purposes of paragraph (1), an individual is financially disabled if such individual is unable to manage his financial affairs by reason of a medically determinable physical or mental impairment of the individual which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. An individual shall
not be considered to have such an impairment unless proof of the existence thereof is furnished in such form and manner as the Secretary may require. (B) Exception where individual has guardian, etc. An individual shall not be treated as financially disabled during any period that such individuals spouse or any other person is authorized to act on behalf of such individual in financial matters. (i) Cross references (1) For time return deemed filed and tax considered paid, see section6513. (2) For limitations with respect to certain credits against estate tax, see sections 2014 (b) and 2015. (3) For limitations in case of floor stocks refunds, see section 6412. (4) For a period of limitations for credit or refund in the case of joint income returns after separate returns have been filed, see section 6013(b)(3). (5) For limitations in case of payments under section 6420 (relating to gasoline used on farms), see section 6420 (b). (6) For limitations in case of payments under section 6421 (relating to gasoline used for certain nonhighway purposes or by local transit systems), see section 6421 (d). (7) For a period of limitations for refund of an overpayment of penalties imposed under section 6694 or 6695, see section 6696 (d)(2).
6512. Limitations in case of petition to Tax Court

(a) Effect of petition to Tax Court If the Secretary has mailed to the taxpayer a notice of deficiency under section 6212 (a) (relating to deficiencies of income, estate, gift, and certain excise taxes) and if the taxpayer files a petition with the Tax Court within the time prescribed in section 6213 (a) (or 7481(c) with respect to a determination of statutory interest or section 7481 (d) solely with respect to a determination of estate tax by the Tax Court), no credit or refund of income tax for the same taxable year, of gift tax for the same calendar year or calendar quarter, of estate tax in respect of the taxable estate of the same decedent, or of tax imposed by chapter 41, 42, 43, or 44 with respect to any act (or failure to act) to which such petition relates, in respect of which the Secretary has determined the deficiency shall be allowed or made and no suit by the taxpayer for the recovery of any part of the tax shall be instituted in any court except (1) As to overpayments determined by a decision of the Tax Court which has become final, and (2) As to any amount collected in excess of an amount computed in accordance with the decision of the Tax Court which has become final, and (3) As to any amount collected after the period of limitation upon the making of levy or beginning a proceeding in court for collection has expired; but in any such claim for credit or refund or in any such suit for refund the decision of the Tax Court which has become final, as to whether such period has expired before the notice of deficiency was mailed, shall be conclusive, and (4) As to overpayments attributable to partnership items, in accordance with subchapter C of chapter 63, and (5) As to any amount collected within the period during which the Secretary is prohibited from making the assessment or from collecting by levy or through a proceeding in court under the provisions of section 6213(a), and (6) As to overpayments the Secretary is authorized to refund or credit pending appeal as provided in subsection (b). (b) Overpayment determined by Tax Court (1) Jurisdiction to determine Except as provided by paragraph (3) and by section 7463, if the Tax Court finds that there is no deficiency and further finds that the taxpayer has made an overpayment of income tax for
the same taxable year, of gift tax for the same calendar year, or calendar quarter, of estate tax in respect of the taxable estate of the same decedent, or of tax imposed by chapter 41, 42, 43, or 44 with respect to any act (or failure to act) to which such petition relates, in respect of which the Secretary determined the deficiency, or finds that there is a deficiency but that the taxpayer has made an overpayment of such tax, the Tax Court shall have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the Tax Court has become final, be credited or refunded to the taxpayer. If a notice of appeal in respect of the decision of the Tax Court is filed under section 7483, the Secretary is authorized to refund or credit the overpayment determined by the Tax Court to the extent the overpayment is not contested on appeal. (2) Jurisdiction to enforce If, after 120 days after a decision of the Tax Court has become final, the Secretary has failed to refund the overpayment determined by the Tax Court, together with the interest thereon as provided in subchapter B of chapter 67, then the Tax Court, upon motion by the taxpayer, shall have jurisdiction to order the refund of such overpayment and interest. An order of the Tax Court disposing of a motion under this paragraph shall be reviewable in the same manner as a decision of the Tax Court, but only with respect to the matters determined in such order. (3) Limit on amount of credit or refund No such credit or refund shall be allowed or made of any portion of the tax unless the Tax Court determines as part of its decision that such portion was paid (A) after the mailing of the notice of deficiency, (B) within the period which would be applicable under section 6511(b)(2), (c), or (d), if on the date of the mailing of the notice of deficiency a claim had been filed (whether or not filed) stating the grounds upon which the Tax Court finds that there is an overpayment, or (C) within the period which would be applicable under section 6511(b)(2), (c), or (d), in respect of any claim for refund filed within the applicable period specified in section 6511 and before the date of the mailing of the notice of deficiency (i) which had not been disallowed before that date, (ii) which had been disallowed before that date and in respect of which a timely suit for refund could have been commenced as of that date, or (iii) in respect of which a suit for refund had been commenced before that date and within the period specified in section 6532. In the case of a credit or refund relating to an affected item (within the meaning of section 6231 (a)(5)), the preceding sentence shall be applied by substituting the periods under sections 6229 and 6230 (d)for the periods under section 6511 (b)(2), (c), and (d). In a case described in subparagraph (B) where the date of the mailing of the notice of deficiency is during the third year after the due date (with extensions) for filing the return of tax and no return was filed before such date, the applicable period under subsections (a) and (b)(2) of section6511 shall be 3 years. (4) Denial of jurisdiction regarding certain credits and reductions The Tax Court shall have no jurisdiction under this subsection to restrain or review any credit or reduction made by the Secretary under section6402. (c) Cross references (1) For provisions allowing determination of tax in title 11 cases, see section 505 (a) of title 11 of the United States Code. (2) For provision giving the Tax Court jurisdiction to award reasonable litigation costs in proceedings to enforce an overpayment determined by such court, see section 7430.
6513. Time return deemed filed and tax considered paid

(a) Early return or advance payment of tax For purposes of section 6511, any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. For purposes of section 6511 (b)(2) and (c) and section 6512, payment of any portion of the tax made before the last day prescribed
for the payment of the tax shall be considered made on such last day. For purposes of this subsection, the last day prescribed for filing the return or paying the tax shall be determined without regard to any extension of time granted the taxpayer and without regard to any election to pay the tax in installments. (b) Prepaid income tax For purposes of section 6511 or 6512 (1) Any tax actually deducted and withheld at the source during any calendar year under chapter 24 shall, in respect of the recipient of the income, be deemed to have been paid by him on the 15th day of the fourth month following the close of his taxable year with respect to which such tax is allowable as a credit under section 31. (2) Any amount paid as estimated income tax for any taxable year shall be deemed to have been paid on the last day prescribed for filing the return under section 6012 for such taxable year (determined without regard to any extension of time for filing such return). (3) Any tax withheld at the source under chapter 3 shall, in respect of the recipient of the income, be deemed to have been paid by such recipient on the last day prescribed for filing the return under section 6012 for the taxable year (determined without regard to any extension of time for filing) with respect to which such tax is allowable as a credit under section 1462. For this purpose, any exemption granted under section 6012 from the requirement of filing a return shall be disregarded. (c) Return and payment of social security taxes and income tax withholding Notwithstanding subsection (a), for purposes of section 6511 with respect to any tax imposed by chapter 3, 21, or 24 (1) If a return for any period ending with or within a calendar year is filed before April 15 of the succeeding calendar year, such return shall be considered filed on April 15 of such succeeding calendar year; and (2) If a tax with respect to remuneration or other amount paid during any period ending with or within a calendar year is paid before April 15 of the succeeding calendar year, such tax shall be considered paid on April 15 of such succeeding calendar year. (d) Overpayment of income tax credited to estimated tax If any overpayment of income tax is, in accordance with section 6402 (b), claimed as a credit against estimated tax for the succeeding taxable year, such amount shall be considered as a payment of the income tax for the succeeding taxable year (whether or not claimed as a credit in the return of estimated tax for such succeeding taxable year), and no claim for credit or refund of such overpayment shall be allowed for the taxable year in which the overpayment arises. (e) Payments of Federal unemployment tax Notwithstanding subsection (a), for purposes of section 6511 any payment of tax imposed by chapter 23 which, pursuant to section 6157, is made for a calendar quarter or other period within a calendar year shall, if made before the last day prescribed for filing the return for the calendar year (determined without regard to any extension of time for filing), be considered made on such last day.
6514. Credits or refunds after period of limitation

(a) Credits or refunds after period of limitation A refund of any portion of an internal revenue tax shall be considered erroneous and a credit of any such portion shall be considered void (1) Expiration of period for filing claim If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or (2) Disallowance of claim and expiration of period for filing suit In the case of a claim filed within the proper time and disallowed by the Secretary, if the credit or refund was made after the expiration of the period of limitation for filing suit, unless within such period suit was begun by the taxpayer.
(3) Recovery of erroneous refunds For procedure by the United States to recover erroneous refunds, see sections 6532 (b) and 7405. (b) Credit after period of limitation Any credit against a liability in respect of any taxable year shall be void if any payment in respect of such liability would be considered an overpayment under section 6401 (a).

For limitations in case of (1) Deficiency dividends of a personal holding company, see section 547. (2) Tentative carry-back adjustments, see section 6411. (3) Service in a combat zone, etc., see section 7508. (4) Suits for refund by taxpayers, see section 6532 (a). (5) Deficiency dividends of a regulated investment company or real estate investment trust, see section 860. (6) Refunds or credits attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230.
Subchapter CMitigation of Effect of Period of Limitations

6521. Mitigation of effect of limitation in case of related taxes under different chapters
6521. Mitigation of effect of limitation in case of related taxes under different chapters
(a) Self-employment tax and tax on wages In the case of the tax imposed by chapter 2 (relating to tax on self-employment income) and the tax imposed by section 3101 (relating to tax on employees under the Federal Insurance Contributions Act) (1) If an amount is erroneously treated as self-employment income, or if an amount is erroneously treated as wages, and (2) If the correction of the error would require an assessment of one such tax and the refund or credit of the other tax, and (3) If at any time the correction of the error is authorized as to one such tax but is prevented as to the other tax by any law or rule of law (other than section 7122, relating to compromises), then, if the correction authorized is made, the amount of the assessment, or the amount of the credit or refund, as the case may be, authorized as to the one tax shall be reduced by the amount of the credit or refund, or the amount of the assessment, as the case may be, which would be required with respect to such other tax for the correction of the error if such credit or refund, or such assessment, of such other tax were not prevented by any law or rule of law (other than section 7122, relating to compromises). (b) Definitions For purposes of subsection (a), the terms self-employment income and wages shall have the same meaning as when used in section 1402 (b).
Subchapter DPeriods of Limitation in Judicial Proceedings

6531. Periods of limitation on criminal prosecutions 6532. Periods of limitation on suits 6533. Cross references
6531. Periods of limitation on criminal prosecutions

No person shall be prosecuted, tried, or punished for any of the various offenses arising under the internal revenue laws unless the indictment is found or the information instituted within 3 years next after the commission of the offense, except that the period of limitation shall be 6 years (1) for offenses involving the defrauding or attempting to defraud the United States or any agency thereof, whether by conspiracy or not, and in any manner; (2) for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof; (3) for the offense of willfully aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a false or fraudulent return, affidavit, claim, or document (whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document); (4) for the offense of willfully failing to pay any tax, or make any return (other than a return required under authority of part III of subchapter A of chapter 61) at the time or times required by law or regulations; (5) for offenses described in sections 7206 (1) and 7207 (relating to false statements and fraudulent documents); (6) for the offense described in section 7212 (a) (relating to intimidation of officers and employees of the United States); (7) for offenses described in section 7214 (a) committed by officers and employees of the United States; and (8) for offenses arising under section 371 of Title 18 of the United States Code, where the object of the conspiracy is to attempt in any manner to evade or defeat any tax or the payment thereof. The time during which the person committing any of the various offenses arising under the internal revenue laws is outside the United States or is a fugitive from justice within the meaning of section 3290 of Title 18 of the United States Code, shall not be taken as any part of the time limited by law for the commencement of such proceedings. (The preceding sentence shall also be deemed an amendment to section 3748(a) of the Internal Revenue Code of 1939, and shall apply in lieu of the sentence in section 3748 (a) which relates to the time during which a person committing an offense is absent from the district wherein the same is committed, except that such amendment shall apply only if the period of limitations under section 3748 would, without the application of such amendment, expire more than 3 years after the date of enactment of this title, and except that such period shall not, with the application of this amendment, expire prior to the date which is 3 years after the date of enactment of this title.) Where a complaint is instituted before a commissioner of the United States within the period above limited, the time shall be extended until the date which is 9
months after the date of the making of the complaint before the commissioner of the United States. For the purpose of determining the periods of limitation on criminal prosecutions, the rules of section6513 shall be applicable.
6532. Periods of limitation on suits

(a) Suits by taxpayers for refund (1) General rule No suit or proceeding under section 7422 (a) for the recovery of any internal revenue tax, penalty, or other sum, shall be begun before the expiration of 6 months from the date of filing the claim required under such section unless the Secretary renders a decision thereon within that time, nor after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates. (2) Extension of time The 2-year period prescribed in paragraph (1) shall be extended for such period as may be agreed upon in writing between the taxpayer and the Secretary. (3) Waiver of notice of disallowance If any person files a written waiver of the requirement that he be mailed a notice of disallowance, the 2-year period prescribed in paragraph (1) shall begin on the date such waiver is filed. (4) Reconsideration after mailing of notice Any consideration, reconsideration, or action by the Secretary with respect to such claim following the mailing of a notice by certified mail or registered mail of disallowance shall not operate to extend the period within which suit may be begun. (5) Cross reference For substitution of 120-day period for the 6-month period contained in paragraph (1) in a title 11 case, see section 505 (a)(2) of title 11of the United States Code. (b) Suits by United States for recovery of erroneous refunds Recovery of an erroneous refund by suit under section 7405 shall be allowed only if such suit is begun within 2 years after the making of such refund, except that such suit may be brought at any time within 5 years from the making of the refund if it appears that any part of the refund was induced by fraud or misrepresentation of a material fact. (c) Suits by persons other than taxpayers (1) General rule Except as provided by paragraph (2), no suit or proceeding under section7426 shall be begun after the expiration of 9 months from the date of the levy or agreement giving rise to such action. (2) Period when claim is filed If a request is made for the return of property described in section 6343(b), the 9-month period prescribed in paragraph (1) shall be extended for a period of 12 months from the date of filing of such request or for a period of 6 months from the date of mailing by registered or certified mail by the Secretary to the person making such request of a notice of disallowance of the part of the request to which the action relates, whichever is shorter.

(1) For period of limitation in respect of civil actions for fines, penalties, and forfeitures, see section 2462 of Title 28 of the United States Code. (2) For extensions of time by reason of armed service in a combat zone, see section 7508. (3) For suspension of running of statute until 3 years after termination of hostilities, see section 3287 of Title 18.

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Subtitle FProcedure and Administration

How Current is This?

CHAPTER 61INFORMATION AND RETURNS

Subchapter AReturns and Records ( 60016096) Subchapter BMiscellaneous Provisions ( 61016116)

Subchapter AReturns and Records

PART IRECORDS, STATEMENTS, AND SPECIAL RETURNS

6001. Notice or regulations requiring records, statements, and special returns

6001. Notice or regulations requiring records, statements, and special returns

PART IITAX RETURNS OR STATEMENTS

Subpart AGeneral Requirement ( 6011)

Subpart BIncome Tax Returns ( 60126017A)

Subpart AGeneral Requirement

6011. General requirement of return, statement, or list

6011. General requirement of return, statement, or list

[1] So in original. Probably should be that.

Subpart BIncome Tax Returns

6012. Persons required to make returns of income

[1] So in original. [2] See References in Text note below.

6013. Joint returns of income tax by husband and wife

6014. Income tax returntax not computed by taxpayer

6015. Relief from joint and several liability on joint return

6017. Self-employment tax returns

Subpart CReturns Relating to Transfers During Life or at Death

6018. Returns relating to large transfers at death

6019. Gift tax returns

Subpart DMiscellaneous Provisions

6020. Returns prepared for or executed by Secretary

6020. Returns prepared for or executed by Secretary

PART IIIINFORMATION RETURNS

Subpart AInformation Concerning Persons Subject to Special Provisions ( 60316040)

Subpart BInformation Concerning Transactions With Other Persons ( 60416050W)

Subpart AInformation Concerning Persons Subject to Special Provisions

6031. Return of partnership income

6032. Returns of banks with respect to common trust funds

6033. Returns by exempt organizations

6034. Returns by certain trusts

6034A. Information to beneficiaries of estates and trusts

6036. Notice of qualification as executor or receiver

6037. Return of S corporation

6038A. Information with respect to certain foreign-owned corporations

6038B. Notice of certain transfers to foreign persons

6038C. Information with respect to foreign corporations engaged in U.S. business

6039. Returns required in connection with certain options

(a) Requirement of reporting Every corporation

[1] So in original. Probably should be followed by a comma.

6039E. Information concerning resident status

6039F. Notice of large gifts received from foreign persons

6039G. Information on individuals losing United States citizenship

6039J. Information reporting with respect to Commodity Credit Corporation transactions

6040. Cross references

Subpart BInformation Concerning Transactions With Other Persons

6045A. Information required in connection with transfers of covered securities to brokers

6045B. Returns relating to actions affecting basis of specified securities

6041. Information at source

6043. Liquidating, etc., transactions

(a) Corporate liquidating, etc., transactions Every corporation shall

[1] So in original. Probably should be section 6652(l).

6043A. Returns relating to taxable mergers and acquisitions