Internal Revenue Code:Sec. 6511. Limitations on credit or refund

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

Jump to: navigation, search

Contents


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.
 

Personal tools