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.
