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26 U.S.C. § 6712 — Failure to disclose treaty-based return positions
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** If a taxpayer fails to meet the requirements of section 6114, there is hereby imposed a penalty equal to $1,000 ($10,000 in the case of a C corporation) on each such failure.
**(b) Authority to waive** The Secretary may waive all or any part of the penalty provided by this section on a showing by the taxpayer that there was reasonable cause for the failure and that the taxpayer acted in good faith.
**(c) Penalty in addition to other penalties** The penalty imposed by this section shall be in addition to any other penalty imposed by law.
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Stable record: federal_law:legal_authorities:record_usc_02657c09a4b0bd910b2528b6
Source file: Laws/federal/codes/united-states-code/title-26/section-6712-failure-to-disclose-treaty-based-return-positions--362658f9c2.md
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Source location: Title 26, Chapter 68, § 6712; chapter-068-additions-to-the-tax-additional-amounts-and-assessable-penalties.md
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**(a) General rule** If a taxpayer fails to meet the requirements of section 6114, there is hereby imposed a penalty equal to $1,000 ($10,000 in the case of a C corporation) on each such failure.
**(b) Authority to waive** The Secretary may waive all or any part of the penalty provided by this section on a showing by the taxpayer that there was reasonable cause for the failure and that the taxpayer acted in good faith.
**(c) Penalty in addition to other penalties** The penalty imposed by this section shall be in addition to any other penalty imposed by law.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each taxpayer who, with respect to any tax imposed by this title, takes the position that a treaty of the United States overrules (or otherwise modifies) an internal revenue law of the United States shall disclose (in such manner as the Secretary may prescribe) such position—
(1) on the return of tax for such tax (or any statement attached to such return), or
(2) if no return of tax is required to be filed, in such form as the Secretary may prescribe.
**(b) Waiver authority** The Secretary may waive the requirements of subsection (a) with respect to classes of cases for which the Secretary determines that the waiver will not impede the assessment and collection of tax.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of penalty** If any person who is engaged in the business of preparing, or providing services in connection with the preparation of, returns of tax imposed by chapter 1, or any person who for compensation prepares any such return for any other person, and who—
(1) discloses any information furnished to him for, or in connection with, the preparation of any such return, or
(2) uses any such information for any purpose other than to prepare, or assist in preparing, any such return,
shall pay a penalty of $250 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $10,000.
**(b) Enhanced penalty for improper use or disclosure relating to identity theft**
(1) **In general** — In the case of a disclosure or use described in subsection (a) that is made in connection with a crime relating to the misappropriation of another person’s taxpayer identity (as defined in section 6103(b)(6)), whether or not such crime involves any tax filing, subsection (a) shall be applied—
(A) by substituting “$1,000” for “$250”, and
(B) by substituting “$50,000” for “$10,000”.
(2) **Separate application of total penalty limitation** — The limitation on the total amount of the penalty under subsection (a) shall be applied separately with respect to disclosures or uses to which this subsection applies and to which it does not apply.
**(c) Exceptions** The rules of section 7216(b) shall apply for purposes of this section.
**(d) Deficiency procedures not to apply** Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6713
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Any person who is engaged in the business of preparing, or providing services in connection with the preparation of, returns of the tax imposed by chapter 1, or any person who for compensation prepares any such return for any other person, and who knowingly or recklessly—
(1) discloses any information furnished to him for, or in connection with, the preparation of any such return, or
(2) uses any such information for any purpose other than to prepare, or assist in preparing, any such return,
shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies), or imprisoned not more than 1 year, or both, together with the costs of prosecution.
**(b) Exceptions**
(1) **Disclosure** — Subsection (a) shall not apply to a disclosure of information if such disclosure is made—
(A) pursuant to any other provision of this title, or
(B) pursuant to an order of a court.
(2) **Use** — Subsection (a) shall not apply to the use of information in the preparation of, or in connection with the preparation of, State and local tax returns and declarations of estimated tax of the person to whom the information relates.
(3) **Regulations** — Subsection (a) shall not apply to a disclosure or use of information which is permitted by regulations prescribed by the Secretary under this section. Such regulations shall permit (subject to such conditions as such regulations shall provide) the disclosure or use of information for quality or peer reviews.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 7216
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Federal law — U.S. Code and appendices · legal_authorities
Page 3813
TITLE 26—INTERNAL REVENUE CODE
§ 6713
(1) $1,000, or
(2) 50 percent of the aggregate cost of the of-
fers and solicitations referred to in subsection
(a)(1) which occurred on such day and with re-
spect to which there was such a failure.
(c) Definitions
For purposes of this section—
(1) Tax-exempt organization
The term ‘‘tax-exempt organization’’ means
any organization which—
(A) is described in subsection (c) or (d) of
section 501 and exempt from taxation under
section 501(a), or
(B) is a political organization (as defined
in section 527(e)).
(2) Day on which failure occurs
The day on which any failure referred to in
subsection (a) occurs shall be determined
under rules similar to the rules of section
6710(d).
(Added Pub. L. 100–203, title X, § 10705(a), Dec. 22,
1987, 101 Stat. 1330–463.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 100–203, title X, § 10705(c), Dec. 22, 1987, 101
Stat. 1330–464, provided that: ‘‘The amendments made
by this section [enacting this section] shall apply to of-
fers and solicitations after January 31, 1988.’’
§ 6712. Failure to disclose treaty-based return po-
sitions
(a) General rule
If a taxpayer fails to meet the requirements of
section 6114, there is hereby imposed a penalty
equal to $1,000 ($10,000 in the case of a C corpora-
tion) on each such failure.
(b) Authority to waive
The Secretary may waive all or any part of
the penalty provided by this section on a show-
ing by the taxpayer that there was reasonable
cause for the failure and that the taxpayer acted
in good faith.
(c) Penalty in addition to other penalties
The penalty imposed by this section shall be
in addition to any other penalty imposed by law.
(Added Pub. L. 100–647, title I, § 1012(aa)(5)(B),
Nov. 10, 198
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 6712
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