Internal Revenue Code:Sec. 6511. Limitations on credit or refund
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Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 66 - LIMITATIONS
Subchapter B - Limitations on Credit or Refund
Statute
Sec. 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 section 7436, 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.
((e) Repealed. Pub. L. 101-508, title XI, Sec. 11801(c)(22)(C),
Nov. 5, 1990, 104 Stat. 1388-528)
(f) Special rule for chapter 42 and similar taxes
For purposes of any tax imposed by section 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 individual's 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 individual's 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
section 6513.
(2) For limitations with respect to certain credits against
estate tax, see sections 2011(c), 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).
Sources
(Aug. 16, 1954, ch. 736, 68A Stat. 808; Apr. 2, 1956, ch. 160, Sec.
4(e), 70 Stat. 91; June 29, 1956, ch. 462, title II, Sec.
208(e)(6), 70 Stat. 397; Pub. L. 85-866, title I, Sec. 82, Sept. 2,
1958, 72 Stat. 1663; Pub. L. 86-280, Sec. 1(a), Sept. 16, 1959, 73
Stat. 563; Pub. L. 87-794, title III, Sec. 317(d), Oct. 11, 1962,
76 Stat. 891; Pub. L. 87-834, Sec. 2(e)(2), Oct. 16, 1962, 76 Stat.
971; Pub. L. 88-272, title II, Sec. 232(d), 239, Feb. 26, 1964, 78
Stat. 111, 128; Pub. L. 88-571, Sec. 3(c), Sept. 2, 1964, 78 Stat.
858; Pub. L. 89-331, Sec. 9(c), Nov. 8, 1965, 79 Stat. 1278; Pub.
L. 90-225, Sec. 2(d), Dec. 27, 1967, 81 Stat. 731; Pub. L. 91-172,
title I, Sec. 101(h), title III, Sec. 311(d)(3), title V, Sec.
512(e)(2), Dec. 30, 1969, 83 Stat. 525, 588, 640; Pub. L. 92-178,
title VI, Sec. 601(d)(2), Dec. 10, 1971, 85 Stat. 558; Pub. L.
93-406, title IV, Sec. 4401(b), formerly Sec. 4081(b), Sept. 2,
1974, 88 Stat. 1034, renumbered Sec. 4401(b), Pub. L. 96-364, title
I, Sec. 108(a), Sept. 26, 1980, 94 Stat. 1267; Pub. L. 94-455,
title XII, Sec. 1203(h)(3), title XIX, Sec. 1906(a)(33), title XXI,
Sec. 2107(g)(2)(B), Oct. 4, 1976, 90 Stat. 1694, 1829, 1904; Pub.
L. 95-30, title II, Sec. 202(d)(4)(B), May 23, 1977, 91 Stat. 149;
Pub. L. 95-600, title II, Sec. 212(b)(1), title VII, Sec.
703(p)(3), Nov. 6, 1978, 92 Stat. 2819, 2944; Pub. L. 95-628, Sec.
8(a), (b), Nov. 10, 1978, 92 Stat. 3630, 3631; Pub. L. 96-222,
title I, Sec. 102(a)(2)(B), 108(b)(1)(B), Apr. 1, 1980, 94 Stat.
208, 226; Pub. L. 96-223, title I, Sec. 101(g)(2), Apr. 2, 1980, 94
Stat. 254; Pub. L. 96-598, Sec. 1(c), Dec. 24, 1980, 94 Stat. 3486;
Pub. L. 97-34, title II, Sec. 221(b)(2)(A), title III, Sec.
331(d)(2)(A), Aug. 13, 1981, 95 Stat. 247, 295; Pub. L. 97-248,
title IV, Sec. 402(c)(7), Sept. 3, 1982, 96 Stat. 667; Pub. L.
98-369, div. A, title I, Sec. 163(b)(2), title II, Sec.
211(b)(25), title IV, Sec. 474(r)(40), title VII, Sec.
714(p)(2)(G), 735(c)(14), div. B, title VI, Sec. 2663(j)(5)(F),
July 18, 1984, 98 Stat. 698, 757, 847, 965, 984, 1171; Pub. L.
99-514, title I, Sec. 141(b)(3), title II, Sec. 231(d)(3)(I), title
XVIII, Sec. 1847(b)(15), Oct. 22, 1986, 100 Stat. 2117, 2180, 2857;
Pub. L. 100-418, title I, Sec. 1941(b)(2)(I), Aug. 23, 1988, 102
Stat. 1323; Pub. L. 100-647, title I, Sec. 1017(c)(11),
1018(u)(21), (51), Nov. 10, 1988, 102 Stat. 3577, 3591, 3593; Pub.
L. 101-508, title XI, Sec. 11801(c)(17)(B), (22)(C), Nov. 5, 1990,
104 Stat. 1388-527, 1388-528; Pub. L. 103-296, title I, Sec.
108(h)(8), Aug. 15, 1994, 108 Stat. 1487; Pub. L. 105-34, title X,
Sec. 1056(a), title XIV, Sec. 1454(b)(1), Aug. 5, 1997, 111 Stat.
945, 1056; Pub. L. 105-206, title III, Sec. 3202(a), July 22, 1998,
112 Stat. 740; Pub. L. 107-16, title V, Sec. 532(c)(11), June 7,
2001, 115 Stat. 75.)
Amendment of Section
AMENDMENT OF SUBSECTION (I)(2)
Pub. L. 107-16, title V, Sec. 532(c)(11), (d), title IX, Sec.
901, June 7, 2001, 115 Stat. 75, 150, provided that, applicable
to estates of decedents dying, and generation-skipping transfers,
after Dec. 31, 2004, subsection (i)(2) of this section is
temporarily amended by substituting ''2014(b)'' for ''2011(c),
2014(b),''. See Effective and Termination Dates of 2001 Amendment
note below.
References in Text
REFERENCES IN TEXT
Section 218 of the Social Security Act, referred to in subsec.
(d)(5), is classified to section 418 of Title 42, The Public Health
and Welfare.
Section 4045 of the Employee Retirement Income Security Act of
1974, referred to in subsec. (d)(6), is classified to section 1345
of Title 29, Labor.
Miscellaneous
AMENDMENTS
1998 - Subsecs. (h), (i). Pub. L. 105-206 added subsec. (h) and
redesignated former subsec. (h) as (i).
1997 - Subsec. (d)(3)(A). Pub. L. 105-34, Sec. 1056(a),
substituted ''for the year in which such taxes were actually paid
or accrued'' for ''for the year with respect to which the claim is
made''.
Subsec. (d)(7). Pub. L. 105-34, Sec. 1454(b)(1), added par. (7).
1994 - Subsec. (d)(5). Pub. L. 103-296 substituted ''Commissioner
of Social Security'' for ''Secretary of Health and Human
Services''.
1990 - Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 11801(c)(17)(B),
struck out before period at end of first sentence ''; except that
with respect to an overpayment attributable to the creation of, or
an increase in a net operating loss carryback as a result of the
elimination of excessive profits by a renegotiation (as defined in
section 1481(a)(1)(A)), the period shall not expire before the
expiration of the 12th month following the month in which the
agreement or order for the elimination of such excessive profits
becomes final''.
Subsec. (e). Pub. L. 101-508, Sec. 11801(c)(22)(C), struck out
subsec. (e) which related to special rules in case of manufactured
sugar either exported, used as livestock feed, or for distillation
or production of alcohol.
1988 - Subsec. (d)(4)(C). Pub. L. 100-647, Sec. 1018(u)(21), made
technical correction to directory language of Pub. L. 99-514, Sec.
231(d)(3)(I), see 1986 Amendment note below.
Subsec. (f). Pub. L. 100-647, Sec. 1018(u)(51), substituted
''similar taxes'' for ''certain chapter 43 taxes'' in heading, and
''section 4912, chapter 42,'' for ''chapter 42'' in text.
Subsec. (h). Pub. L. 100-418, Sec. 1941(b)(2)(I), redesignated
subsec. (i) as (h) and struck out former subsec. (h) which related
to special rules for windfall profit taxes.
Subsec. (i). Pub. L. 100-418, Sec. 1941(b)(2)(I), redesignated
subsec. (i) as (h).
Subsec. (i)(6). Pub. L. 100-647, Sec. 1017(c)(11), substituted
''section 6421(d)'' for ''section 6421(c)''.
1986 - Subsec. (d)(2)(B). Pub. L. 99-514, Sec. 141(b)(3), amended
subpar. (B) generally, restating cl. (i) as cls. (i), (ii), and
(iii) and striking out former cl. (ii) which read as follows: ''A
claim for credit or refund for a computation year (as defined in
section 1302(c)(1)) shall be determined to relate to an overpayment
attributable to a net operating loss carryback or a capital loss
carryback, as the case may be, when such carryback relates to any
base period year (as defined in section 1302(c)(3)).''
Subsec. (d)(4)(C). Pub. L. 99-514, Sec. 231(d)(3)(I), as amended
by Pub. L. 100-647, Sec. 1018(u)(21), struck out ''and any research
credit carryback under section 30(g)(2)'' after ''under section
39''.
Subsec. (h)(1). Pub. L. 99-514, Sec. 1847(b)(15)(A), substituted
''section 6501(m)(1)(B)'' for ''section 6501(q)(1)(B)''.
Subsec. (h)(2). Pub. L. 99-514, Sec. 1847(b)(15)(B), substituted
''section 6501(m)(2)(B)'' for ''section 6501(q)(2)(B)''.
1984 - Subsec. (d)(4)(C). Pub. L. 98-369, Sec. 474(r)(40),
substituted ''business carryback under section 39 and any research
credit carryback under section 30(g)(2)'' for ''investment credit
carryback, work incentive program credit carryback, new employee
credit carryback, research credit carryback, and employee stock
ownership credit carryback''.
Subsec. (d)(5). Pub. L. 98-369, Sec. 2663(j)(5)(F), substituted
''Secretary of Health and Human Services'' for ''Secretary of
Health, Education, and Welfare''.
Subsec. (d)(6), (7). Pub. L. 98-369, Sec. 211(b)(25),
redesignated par. (7) as (6) and struck out former par. (6)
relating to a special period of limitation with respect to
reduction of policyholders surplus account of life insurance
companies.
Subsec. (f). Pub. L. 98-369, Sec. 163(b)(2), substituted
''section 6501(l)(1)'' for ''section 6501(n)(1)''.
Subsec. (h)(3). Pub. L. 98-369, Sec. 714(p)(2)(G), amended par.
(3) generally. Prior to amendment par. (3) related to partnership
items of federally registered partnerships and provided that under
regulations prescribed by the Secretary, rules similar to the rules
of subsection (g) shall apply to the tax imposed by section 4986.
Subsecs. (i), (j). Pub. L. 98-369, Sec. 735(c)(14), redesignated
subsec. (j) as (i) and struck out former subsec. (i) which related
to a special rule for certain tread rubber tax credits or refunds.
1982 - Subsec. (g). Pub. L. 97-248 substituted ''Special rule for
claims with respect to partnership items'' for ''Special rule for
partnership items of federally registered partnerships'' in heading
and, in text, substituted provisions that, 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 subsecs. (c) and
(d) of section 6230 shall apply in lieu of the provisions of this
subchapter for provisions that (1) in the case of any tax imposed
by subtitle A with respect to any person, the period for filing a
claim for credit or refund of any overpayment attributable to any
partnership item of a federally registered partnership would not
expire before the later of (A) the date which was 4 years after the
date prescribed by law (including extensions thereof) for filing
the partnership return for the partnership taxable year in which
the item arose, or (B) if an agreement under the provisions of
section 6501(c)(4) extending the period for the assessment of any
deficiency attributable to such partnership item was made before
the date specified in subpar. (A), the date 6 months after the
expiration of such extension, with the amount of the credit or
refund allowed to exceed the portion of the tax paid within the
period provided in subsec. (b)(2) or (c), whichever was applicable,
and (2) for purposes of this subsec., the terms ''partnership
item'' and ''federally registered partnership'' would have the same
meanings as such terms had when used in section 6501(o).
1981 - Subsec. (d)(4)(C). Pub. L. 97-34, Sec. 331(d)(2)(A),
inserted reference to employee stock ownership credit carryback.
Pub. L. 97-34, Sec. 221(b)(2)(A), inserted reference to research
credit carryback.
1980 - Subsec. (f). Pub. L. 96-222, Sec. 108(b)(1)(B), inserted
in heading ''and certain chapter 43'' after ''chapter 42'', and in
text ''or section 4975'' after ''chapter 42''.
Subsec. (g)(2). Pub. L. 96-222, Sec. 102(a)(2)(B), substituted
''section 6501(o)'' for ''section 6501(q)''.
Subsec. (h). Pub. L. 96-223 added subsec. (h) and redesignated
former subsec. (h) as (i).
Subsec. (i). Pub. L. 96-598 added subsec. (i) and redesignated
former subsec. (i) as (j).
Pub. L. 96-223 redesignated former subsec. (h) as (i).
Subsec. (j). Pub. L. 96-598 redesignated former subsec. (i) as
(j).
1978 - Subsec. (d)(2)(A). Pub. L. 95-628, Sec. 8(a), substituted
''3 years after the time prescribed by law for filing the return
(including extensions thereof) for'' for ''with the expiration of
the 15th day of the 40th month (or the 39th month, in the case of a
corporation) following the end of''.
Pub. L. 95-600, Sec. 703(p)(3), struck out provisions relating to
the period of limitations with respect to an overpayment
attributable to a net operating loss carryback to any year on
account of a certification issued to the taxpayer under section 317
of the Trade Expansion Act of 1962.
Subsec. (d)(4). Pub. L. 95-628, Sec. 8(b)(1), substituted in
heading ''certain credit carrybacks'' for ''investment credit
carrybacks'', in subpar. (A), substituted ''a credit carryback''
for ''an investment credit carryback'', ''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'' for
''period shall be that period which ends with the expiration of the
15th day of the 40th month (or 39th month, in the case of a
corporation) following the end of the taxable year of the unused
investment credit which results in such carryback'', and ''(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)'' for ''(or, with
respect to any portion of an investment credit carryback from a
taxable year attributable to a net operating loss carryback or a
capital loss carryback from a subsequent taxable year, the period
shall be that period which ends with the expiration of the 15th day
of the 40th month, or 39th month, in the case of a corporation,
following the end of such subsequent taxable year),'', in subpar.
(B), substituted ''a credit carryback'' for ''an investment credit
carryback'', ''any credit'' for ''the investment credit'', and
''affected by a credit carryback'' for ''affected by a carryback'';
and added subpar. (C).
Subsec. (d)(7). Pub. L. 95-628, Sec. 8(b)(2), redesignated par.
(8) as (7). Former par. (7), which provided for a special period of
limitation with respect to work incentive program credit
carrybacks, was struck out.
Subsec. (d)(8). Pub. L. 95-628, Sec. 8(b)(2)(B), redesignated
par. (8) as (7).
Subsec. (d)(9). Pub. L. 95-628, Sec. 8(b)(2)(A), struck out par.
(9) which provided for a special period of limitation with respect
to new employee credit carrybacks.
Subsecs. (g), (h). Pub. L. 95-600, Sec. 212(b)(1), added subsec.
(g) and redesignated former subsec. (g) as (h).
1977 - Subsec. (d)(9). Pub. L. 95-30 added par. (9).
1976 - Subsec. (d)(2)(A)(ii). Pub. L. 94-455, Sec. 1906
(a)(33)(A), struck out ''September 1, 1959, or'' after ''shall not
expire before'' and '', whichever is the later'' after ''profits
becomes final''.
Subsec. (d)(5). Pub. L. 94-455, Sec. 1906(a)(33)(B), struck out
''the later of the following dates: (A)'' after ''filed on or
before'' and '', or (B) December 31, 1965'' after ''Health,
Education, and Welfare''.
Subsec. (d)(7). Pub. L. 94-455, Sec. 2107(g)(2)(B), inserted '',
an investment credit carryback,'' after ''net operating loss
carryback''.
Subsec. (g)(7). Pub. L. 94-455, Sec. 1203(h)(3), added par. (7).
1974 - Subsec. (d)(8). Pub. L. 93-406 added par. (8).
1971 - Subsec. (d)(7). Pub. L. 92-178 added par. (7).
1969 - Subsec. (d)(2). Pub. L. 91-172, Sec. 512(e)(2)(A),
substituted ''loss or capital loss carrybacks'' for ''loss
carrybacks'' in heading.
Subsec. (d)(2)(A). Pub. L. 91-172, Sec. 512(e)(2)(B), (C),
substituted ''loss carryback or a capital loss carryback'' for
''loss carryback'' and ''operating loss or net capital loss which''
for ''operating loss which''.
Subsec. (d)(2)(B)(i). Pub. L. 91-172, Sec. 512(e)(2)(D), (E),
substituted ''loss carryback or a capital loss carryback'' for
''loss carryback'' and inserted reference to short-term capital
loss.
Subsec. (d)(2)(B)(ii). Pub. L. 91-172, Sec. 311(d)(3),
512(e)(2)(F), substituted references to section ''1302(c)(1)'' and
''1302(c)(3)'' for section ''1302(e)(1)'' and ''1302(e)(3)'',
respectively, and substituted ''loss carryback or a capital loss
carryback, as the case may be,'' for ''loss carryback''.
Subsec. (d)(4)(A). Pub. L. 91-172, Sec. 512(e)(2)(G), substituted
''loss carryback or a capital loss carryback'' for ''loss
carryback''.
Subsecs. (f), (g). Pub. L. 91-172, Sec. 101(h), added subsec. (f)
and redesignated former subsec. (f) as (g).
1967 - Subsec. (d)(4)(A). Pub. L. 90-225 inserted ''(or, with
respect to any portion of an investment credit carryback from a
taxable year attributable to a net operating loss carryback from a
subsequent taxable year, the period shall be that period which ends
with the expiration of the 15th day of the 40th month, or 39th
month, in the case of a corporation, following the end of such
subsequent taxable year)'' after ''the unused investment credit
which results in such carryback''.
1965 - Subsec. (e)(1). Pub. L. 89-331 inserted ''or production''
after ''distillation'' in heading.
1964 - Subsec. (d)(6). Pub. L. 88-571 added par. (6).
Pub. L. 88-272 designated existing provisions as clause (i) and
added clause (ii) in par. (2)(B), and added par. (5).
1962 - Subsec. (d)(2)(A). Pub. L. 87-794 inserted provisions
stating that, with respect to an overpayment attributable to a net
operating loss carryback to any year on account of a certification
under section 317 of the Trade Expansion Act of 1962, the period of
limitations shall not expire before the expiration of the sixth
month following the month in which such certification is issued to
the taxpayer.
Subsec. (d)(4). Pub. L. 87-834 added par. (4).
1959 - Subsec. (d)(2)(A). Pub. L. 86-280 inserted in first
sentence exception with respect to overpayment as a result of
elimination of excess profits by renegotiation.
1958 - Subsec. (a). Pub. L. 85-866, Sec. 82(a), struck out from
first sentence ''required to be'' after ''3 years from the time the
return was'', and ''(determined without regard to any extension of
time)'' before ''or 2 years''.
Subsec. (b)(2)(A). Pub. L. 85-866, Sec. 82(b), substituted
''Limit where claim not filed within 3-year period'' for ''Limit to
amount paid within years'' in heading, and in text substituted
''within the period,'' for ''within the 3 years'', inserted ''equal
to 3 years plus the period of any extension of time for filing the
return'' and struck out provision that 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.
Subsec. (b)(2)(B). Pub. L. 85-866, Sec. 82(c), substituted
''Limit where claim not filed within 3-year period'' for ''Limit to
amount paid within 2 years'' in heading.
Subsec. (d)(2)(A). Pub. L. 85-866, Sec. 82(d), substituted in
first sentence ''15th day of the 40th month (or 39th month, in the
case of a corporation)'' for ''15th day of the 39th month''.
1956 - Subsec. (f)(5). Act Apr. 2, 1956, added par. (5).
Subsec. (f)(6). Act June 29, 1956, added par. (6).
EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT
Amendment by Pub. L. 107-16 applicable to estates of decedents
dying, and generation-skipping transfers, after Dec. 31, 2004, see
section 532(d) of Pub. L. 107-16, set out as a note under section
2011 of this title.
Amendment by Pub. L. 107-16 inapplicable to estates of decedents
dying, gifts made, or generation skipping transfers, after Dec. 31,
2010, and the Internal Revenue Code of 1986 to be applied and
administered to such estates, gifts, and transfers as if such
amendment had never been enacted, see section 901 of Pub. L.
107-16, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-206, title III, Sec. 3202(b), July 22, 1998, 112
Stat. 741, provided that: ''The amendment made by subsection (a)
(amending this section) shall apply to periods of disability
before, on, or after the date of the enactment of this Act (July
22, 1998) but shall not apply to any claim for credit or refund
which (without regard to such amendment) is barred by the operation
of any law or rule of law (including res judicata) as of the date
of the enactment of this Act.''
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1056(b) of Pub. L. 105-34 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to taxes
paid or accrued in taxable years beginning after the date of the
enactment of this Act (Aug. 5, 1997).''
Section 1454(c) of Pub. L. 105-34 provided that: ''The amendments
made by this section (enacting section 7436 of this title, amending
this section and sections 7421, 7453, and 7481 of this title, and
renumbering section 7436 of this title as 7437) shall take effect
on the date of the enactment of this Act (Aug. 5, 1997).''
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of
Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
Amendment by Pub. L. 100-418 applicable to crude oil removed from
the premises on or after Aug. 23, 1988, see section 1941(c) of Pub.
L. 100-418, set out as a note under section 164 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 141(b)(3) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1986, see section 151(a) of
Pub. L. 99-514, set out as a note under section 1 of this title.
Amendment by section 231(d)(3)(I) of Pub. L. 99-514 applicable to
taxable years beginning after Dec. 31, 1985, see section 231(g) of
Pub. L. 99-514, set out as a note under section 41 of this title.
Amendment by section 1847(b)(15) of Pub. L. 99-514 effective,
except as otherwise provided, as if included in the provisions of
the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such
amendment relates, see section 1881 of Pub. L. 99-514, set out as a
note under section 48 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 163(b)(2) of Pub. L. 98-369 applicable to
expenditures with respect to which the second taxable year
described in section 118(b)(2)(B) of this title ends after Dec. 31,
1984, see section 163(c) of Pub. L. 98-369, set out as a note under
section 118 of this title.
Amendment by section 211(b)(25) of Pub. L. 98-369 applicable to
taxable years beginning after Dec. 31, 1983, see section 215 of
Pub. L. 98-369, set out as an Effective Date note under section 801
of this title.
Amendment by section 474(r)(40) of Pub. L. 98-369 applicable to
taxable years beginning after Dec. 31, 1983, and to carrybacks from
such years, see section 475(a) of Pub. L. 98-369, set out as a note
under section 21 of this title.
Amendment by section 714(p)(2)(G) of Pub. L. 98-369 effective as
if included in the provision of the Tax Equity and Fiscal
Responsibility Act of 1982, Pub. L. 97-248, to which such amendment
relates, see section 715 of Pub. L. 98-369, set out as a note under
section 31 of this title.
Amendment by section 735(c)(14) of Pub. L. 98-369 effective,
except as otherwise provided, as if included in the provisions of
the Highway Revenue Act of 1982, title V of Pub. L. 97-424, to
which such amendment relates, see section 736 of Pub. L. 98-369,
set out as a note under section 4051 of this title.
Amendment by section 2663(j)(5)(F) of Pub. L. 98-369 effective
July 18, 1984, but not to be construed as changing or affecting any
right, liability, status or interpretation which existed (under the
provisions of law involved) before that date, see section 2664(b)
of Pub. L. 98-369, set out as a note under section 401 of Title 42,
The Public Health and Welfare.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 applicable to partnership taxable
years beginning after Sept. 3, 1982, with provision for
applicability of amendment to any partnership taxable year ending
after Sept. 3, 1982, if partnership, each partner, and each
indirect partner requests such application and Secretary of the
Treasury or his delegate consents to such application, see section
407(a)(1), (3) of Pub. L. 97-248, set out as an Effective Date note
under section 6221 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by section 221(b)(2)(A) of Pub. L. 97-34 applicable to
amounts paid or incurred after June 30, 1981, see section 221(d) of
Pub. L. 97-34, as amended, set out as an Effective Date note under
section 41 of this title.
Amendment by section 331(d)(2)(A) of Pub. L. 97-34 applicable to
taxable years beginning after Dec. 31, 1981, see section 339 of
Pub. L. 97-34, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1980 AMENDMENTS
Amendment by Pub. L. 96-598 effective on first day of first
calendar month which begins more than 10 days after Dec. 24, 1980,
see section 1(e) of Pub. L. 96-598, set out as a note under section
4071 of this title.
Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,
1980, see section 101(i) of Pub. L. 96-223, set out as a note under
section 6161 of this title.
Amendment by section 102(a)(2)(B) of Pub. L. 96-222 effective,
except as otherwise provided, as if it had been included in the
provisions of the Revenue Act of 1978, Pub. L. 95-600, to which
such amendment relates, see section 201 of Pub. L. 96-222, set out
as a note under section 32 of this title.
Amendment by section 108(b)(1)(B) of Pub. L. 96-222 effective as
if included in the provisions of the Black Lung Benefits Revenue
Act of 1977, Pub. L. 95-227, see section 108(b)(4) of Pub. L.
96-222, set out as a note under section 192 of this title.
EFFECTIVE DATE OF 1978 AMENDMENTS
Section 8(d) of Pub. L. 95-628 provided that: ''The amendments
made by this section (amending this section and sections 6501,
6601, and 6611 of this title) shall apply to carrybacks arising in
taxable years beginning after the date of the enactment of this Act
(Nov. 10, 1978).''
Amendment by section 212(b)(1) of Pub. L. 95-600 applicable to
partnership items arising in partnership taxable years beginning
after Dec. 31, 1978, see section 212(c) of Pub. L. 95-600, set out
as a note under section 6501 of this title.
Amendment by section 703(p)(3) of Pub. L. 95-600 applicable with
respect to losses sustained in taxable years ending Nov. 6, 1978,
see section 703(p)(4) of Pub. L. 95-600, set out as a note under
section 172 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-30 applicable to taxable years beginning
after Dec. 31, 1976, and to credit carrybacks from such years, see
section 202(e) of Pub. L. 95-30, set out as an Effective Date note
under section 44B of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1203(h)(3) of Pub. L. 94-455 applicable to
documents prepared after Dec. 31, 1976, see section 1203(j) of Pub.
L. 94-455, set out as a note under section 7701 of this title.
Amendment by section 1906(a)(33) of Pub. L. 94-455 effective on
first day of first month which begins more than 90 days after Oct.
4, 1976, see section 1906(d)(1) of Pub. L. 94-455, set out as a
note under section 6013 of this title.
Amendment by section 2107(g)(2)(B) of Pub. L. 94-455 applicable
to parts and accessories sold after Oct. 4, 1976, see section
2108(b) of Pub. L. 94-455, set out as a note under section 6416 of
this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-406 effective Sept. 2, 1974, with
exceptions specified in section 1461(b), (c) of Title 29, Labor,
see section 1461(a) of Title 29.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-178 applicable to taxable years beginning
after Dec. 31, 1971, see section 601(f) of Pub. L. 92-178, set out
as a note under section 381 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by section 101(h) of Pub. L. 91-172 effective Jan. 1,
1970, see section 101(k)(1) of Pub. L. 91-172, set out as an
Effective Date note under section 4940 of this title.
Amendment by section 311(d)(3) of Pub. L. 91-172 applicable with
respect to computation years (within the meaning of section
1302(c)(1) of this title) beginning after Dec. 31, 1969, and to
base period years (within the meaning of section 1302(c)(3) of this
title) applicable to such computation years, see section 311(e) of
Pub. L. 91-172, set out as a note under section 1301 of this title.
Amendment by section 512(e)(2) of Pub. L. 91-172 applicable with
respect to net capital losses sustained in taxable years beginning
after Dec. 31, 1969, see section 512(g) of Pub. L. 91-172, set out
as a note under section 1212 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-225 applicable with respect to investment
credit carrybacks attributable to net operating loss carrybacks
from taxable years ending after July 31, 1967, see section 2(g) of
Pub. L. 90-225, set out as a note under section 46 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-331 effective Nov. 8, 1965, see section
14 of Pub. L. 89-331.
EFFECTIVE DATE OF 1964 AMENDMENTS
Amendment by Pub. L. 88-571 effective, with respect to amounts
added to policyholders surplus accounts, for taxable years
beginning after Dec. 31, 1958, see section 3(f) of Pub. L. 88-571,
set out as a note under section 815 of this title.
Amendment by Pub. L. 88-272, applicable to taxable years
beginning after Dec. 31, 1964, see section 232(g) of Pub. L.
88-272, set out as an Effective Date note under section 1301 of
this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-834 applicable with respect to taxable
years ending after Dec. 31, 1961, see section 2(h) of Pub. L.
87-834, set out as an Effective Date note under section 46 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Section 1(c) of Pub. L. 86-280, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided in part that: ''The
amendment made by subsection (a) (amending this section) shall
apply with respect to claims for credit or refund resulting from
the elimination of excessive profits by renegotiation to which
section 6511(d)(2) of the Internal Revenue Code of 1986 (formerly
I.R.C. 1954) applies.''
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-866 effective Aug. 17, 1954, see section
1(c)(2) of Pub. L. 85-866, set out as a note under section 165 of
this title.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act June 29, 1956, effective June 29, 1956, see
section 211 of act June 29, 1956, set out as a note under section
4041 of this title.
SAVINGS PROVISION
For provisions that nothing in amendment by Pub. L. 101-508 be
construed to affect treatment of certain transactions occurring,
property acquired, or items of income, loss, deduction, or credit
taken into account prior to Nov. 5, 1990, for purposes of
determining liability for tax for periods ending after Nov. 5,
1990, see section 11821(b) of Pub. L. 101-508, set out as a note
under section 29 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle
A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title
XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to
any plan, such plan amendment shall not be required to be made
before the first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99-514, as amended, set out as a note under
section 401 of this title.
EXTENSION OF TIME FOR FILING CLAIMS FOR TAX REFUNDS
Section 96 of Pub. L. 85-866 authorized refunds and credits for
tax overpayments for any taxable year beginning after Dec. 31,
1953, and ending after Aug. 16, 1954, based upon business, trade,
or education expenses, if the proper claim were filed on or before
Sept. 2, 1958, or within 60 days thereafter.
References
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 815, 2011, 2014, 2058,
6013, 6015, 6234, 6501, 6512, 6513, 6601, 6611, 6901 of this title.
