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Internal Revenue Code, § 6401. Amounts Treated As Overpayments

I.R.C. § 6401(a) Assessment And Collection After Limitation Period
The term “overpayment” includes that part of the amount of the payment of any internal revenue tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto.
I.R.C. § 6401(b) Excessive Credits
I.R.C. § 6401(b)(1) In General
If the amount allowable as credits under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) exceeds the tax imposed by subtitle A (reduced by the credits allowable under subparts A, B, D, and G of such part IV), the amount of such excess shall be considered an overpayment.
I.R.C. § 6401(b)(2) Special Rule For Credit Under Section 33
For purposes of paragraph (1), any credit allowed under section 33 (relating to withholding of tax on nonresident aliens and on foreign corporations) for any taxable year shall be treated as a credit allowable under subpart C of part IV of subchapter A of chapter 1 only if an election under subsection (g) or (h) of section 6013 is in effect for such taxable year. The preceding sentence shall not apply to any credit so allowed by reason of section 1446.
I.R.C. § 6401(c) Rule Where No Tax Liability
An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.
(Aug. 16, 1954, ch. 736, 68A Stat. 791; June 21, 1965, Pub. L. 89-44, title VIII, 809(d)(6), 79 Stat. 168; Dec. 30, 1969, Pub. L. 91-172, title III, 331(c), 83 Stat. 598; May 21, 1970, Pub. L. 91-258, title II, 207(d)(1), 84 Stat. 248; Mar. 29, 1975, Pub. L. 94-12, title II, 204(b)(1), 89 Stat. 31; Oct. 4, 1976, Pub. L. 94-455, title VII, 701(f)(2), (3), 90 Stat. 1580; Nov. 6, 1978, Pub. L. 95-600, title VII, 701(u)(15)(D), 92 Stat. 2919; Nov. 9, 1978, Pub. L. 95-618, title III, 301(c)(2), 92 Stat. 3199; Apr. 1, 1980, Pub. L. 96-222, title I, 103(a)(2)(B)(iv), 94 Stat. 209; Apr. 2, 1980, Pub. L. 96-223, title II, 223(b)(2), 94 Stat. 266; Sept. 3, 1982, Pub. L. 97-248, title III, 307(a)(9), 308(a), 96 Stat. 589, 591; Aug. 5, 1983, Pub. L. 98-67, title I, 102(a), 97 Stat. 369; July 18, 1984, Pub. L. 98-369, div. A, title IV, 474(r)(36), title VII, 735(c)(16), 98 Stat. 846, 985; Oct. 22, 1986, Pub. L. 99-514, title XII, 1246(b), 100 Stat. 2582; Nov. 10, 1988, Pub. L. 100-647, title I, 1012(s)(1)(B), 102 Stat. 3527; Pub. L. 105-206, title VI, Sec. 6022(a), July 22, 1998, 112 Stat 685; Pub. L. 109-58, title XIII, Sec. 1303(c)(4), Aug. 8, 2005, 119 Stat. 594; Pub. L. 110-246, title XV, Sec. 15316(c)(3), June 18, 2008, 122 Stat. 1651; Pub. L. 111-5, div. B, title I, Sec. 1531(c)(5), Feb. 17, 2009, 123 Stat. 115; Pub. L. 115-97, title I, Sec. 13404(c)(4), Dec. 22, 2017, 131 Stat. 2054.)
BACKGROUND NOTES
Amendments to Chapter
1987--Pub. L. 100-203, title X, 10621(b), Dec. 22, 1987, 101 Stat. 1330-452, added item 6408.
AMENDMENTS
2017 - Subsec. (b)(1). Pub. L. 115-97, Sec. 13404(c)(4), amended par. (1) by striking “G, H, I, and J” and inserting “and G”.
2009 - Subsec. (b)(1). Pub. L. 111-5, Div. B, Sec. 1531(c)(5), amended par. (1) by substituting “I, and J” for “and I”.
2008 - Subsec. (b)(1). Pub. L. 110-246, Sec. 15316(c)(3), amended par. (1) by substituting “H, and I” for “and H”.
2005--Subsec. (b)(1). Pub. L. 109-58, Sec. 1303(c)(4), amended par. (1) by substituting “G, and H” for “and G”.
1998--Subsec. (b)(1). Pub. L. 105-206, Sec. 6022(a), substituted “D, and G” for “and D”.
1988--Subsec. (b)(2). Pub. L. 100-647 amended last sentence generally, substituting “credit so allowed by reason of section 1446” for “amount deducted and withheld under section 1446”.
1986--Subsec. (b)(2). Pub. L. 99-514 inserted last sentence.
1984--Subsec. (b). Pub. L. 98-369, 474(r)(36), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If the amount allowable as credits under sections 31 (relating to tax withheld on wages) and 39 (relating to certain uses of gasoline and special fuels), and 43 (relating to earned income credit), exceeds the tax imposed by subtitle A (reduced by the credits allowable under subpart A of part IV of subchapter A of chapter 1, other than the credits allowable under sections 31, 39, and 43), the amount of such excess shall be considered an overpayment. For purposes of the preceding sentence, any credit allowed under paragraph (1) of section 32 (relating to withholding of tax on nonresident aliens and on foreign corporations) to a nonresident alien individual for a taxable year with respect to which an election under section 6013(g) or (h) is in effect shall be treated as an amount allowable as a credit under section 31.”
Pub. L. 98-369, 735(c)(16), substituted “and special fuels” for “,special fuels, and lubricating oil”.
1983--Subsec. (b). Pub. L. 98-67 repealed amendments made by Pub. L. 97-248. See 1982 Amendment note below.
1982--Subsec. (b). Pub. L. 97-248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, subsec. (b) is amended by inserting “,interest, dividends, and patronage dividends” after “tax withheld on wages”. Section 102(a), (b) of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (301-308) of title III of Pub. L. 97-247 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
1980--Subsec. (d). Pub. L. 96-223 struck out subsec. (d) which made a cross reference to section 46(a)(9)(C) for a rule allowing a refund for excess investment credit attributable to solar or wind energy property.
Pub. L. 96-222 substituted “46(a)(9)(C)” for “46(a)(10)(C)”.
1978--Subsec. (b). Pub. L. 95-600 inserted provisions relating to credit to a nonresident alien individual.
Subsec. (d). Pub. L. 95-618 added subsec. (d).
1976--Subsec. (b). Pub. L. 94-455 substituted “wages) and” and “lubricating oil), and” for “wages),” and “lubricating oil),”, respectively; and pars. (2) and (3) made identical change: striking out “and 667(b) (relating to taxes paid by certain trusts)" after “(relating to earned income credit)”.
1975--Subsec. (b). Pub. L. 94-12 inserted “43 (relating to earned income credit),” before “and 667(b)” and substituted “,39, and 43” for “and 39”.
1970--Subsec. (b). Pub. L. 91-258 inserted reference to credits under section 39 relating to certain uses of special fuels.
1969--Subsec. (b). Pub. L. 91-172 struck out “under sections 31 and 39” after “Excessive credits” in heading and inserted in text reference to section 667(b) (relating to taxes paid by certain trusts).
1965--Subsec. (b). Pub. L. 89-44 substituted “Excessive credits under sections 31 and 39” for “Excessive withholding” in heading and expanded text to include credits under section 39.
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115-97, Section 13404(c)(4), effective for bonds issued after December 31, 2017.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Section 1531(c)(5) of Pub. L. 111-5, Div. B, effective for obligations issued after the date of the enactment of this Act [Enacted: Feb. 17, 2009].
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Section 15316(c)(3) of Pub. L. 110-246 effective for obligations issued after the date of the enactment of this Act [Effective date: May 22, 2008]. Note that the original provisions of Pub. L. 110-246 were enacted as Pub. L. 110-234 on May 22, 2008, but were repealed by Pub. L. 110-246, Sec. 4, effective May 22, 2008. Sec. 4 of Pub. L. 110-246 provided that:
“Sec. 4. Repeal of Duplicative Enactment.
“(a) In General.—The Act entitled ‘An Act to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes’ (H.R. 2419 of the 110th Congress), and the amendments made by that Act, are repealed, effective on the date of the enactment of that Act.
“(b) Effective Date.—Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on the earlier of—
“(1) the date of enactment of this Act [Enacted: June 18, 2008]; or
“(2) the date of the enactment of the Act entitled ‘An Act to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes’ (H.R. 2419 of the 110th Congress) [Enacted: May 22, 2008].”
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Section 1303(c)(4) of Pub. L. 109-58 effective for taxable years beginning after December 31, 2005 (effective date amended by Pub. L. 109-135, Sec. 402(c)(2)).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Section 6022(a) of Pub. L. 105-206 effective as if included in amendments made by section 701(b) of the Tax Reform Act of 1986 [Effective Date of section 701(b) of Pub. L. 99-514: generally applicable to taxable years beginning after December 31, 1986.].
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 applicable to taxable years beginning after Dec. 31, 1987, see section 1012(s)(1)(D) of Pub. L. 100-647, set out as a note under section 1446 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to distributions after Dec. 31, 1987, or, if earlier, the effective date of the initial regulations issued under section 1446 of this title, which date shall not be earlier than Jan. 1, 1987, see section 1246(d) of Pub. L. 99-514, set out as an Effective Date note under section 1446 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 474(r)(36) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title.
Amendment by section 735(c)(16) of Pub. L. 98-369 effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of Pub. L. 97-424, to which such amendment relates, see section 736 of Pub. L. 98-369, set out as a note under section 4051 of this title.
EFFECTIVE DATE OF 1980 AMENDMENTS
Amendment by Pub. L. 96-223 applicable to qualified investment for taxable years beginning after Dec. 31, 1979, see section 223(b)(3) of Pub. L. 96-223, set out as a note under section 46 of this title.
Amendment by Pub. L. 96-222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. L. 96-222, set out as a note under section 32 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-600, to the extent amendment relates to chapter 1 or 5 of this title, applicable to taxable years ending on or after Dec. 31, 1975, and, to the extent amendment relates to wage withholding under chapter 24 of this title, applicable to remuneration paid on or after the first day of the first month which begins more than 90 days after Nov. 6, 1978, see section 701(u)(15)(E) of Pub. L. 95-600, set out as a note under section 6013 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-455 applicable to distributions made in taxable years beginning after Dec. 31, 1975, see section 701(h) of Pub. L. 94-455, set out as a note under section 667 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94-12 applicable to taxable years beginning after Dec. 31, 1974, see section 209(b) of Pub. L. 94-12, as amended, set out as a note under section 32 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-258 effective July 1, 1970, see section 211(a) of Pub. L. 91-258, set out as a note under section 4041 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable to taxable years beginning before Jan. 1, 1970, see section 331(d) of Pub. L. 91-172, set out as a note under section 665 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-44 applicable to taxable years beginning on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set out as a note under section 6420 of this title.