26 U.S.C. § 6405 — Reports of refunds and credits

Page 3608 TITLE 26—INTERNAL REVENUE CODE § 6405 ceedings commenced after the date of the enactment of this Act [July 30, 1996].’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1015(n) of Pub. L. 100–647 effec- tive, 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. Pub. L. 100–647, title VI, § 6229(b), Nov. 10, 1988, 102 Stat. 3733, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to advice requested on or after January 1, 1989.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–514, title XV, § 1563(b), Oct. 22, 1986, 100 Stat. 2762, provided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall apply to inter- est accruing with respect to deficiencies or payments for taxable years beginning after December 31, 1978. ‘‘(2) STATUTE OF LIMITATIONS.—If refund or credit of any amount resulting from the application of the amendment made by subsection (a) is prevented at any time before the close of the date which is 1 year after the date of the enactment of this Act [Oct. 22, 1986] by the operation of any law or rule of law (including res judicata), refund or credit of such amount (to the ex- tent attributable to the application of the amendment made by subsection (a)) may, nevertheless, be made or allowed if claim therefore [sic] is filed before the close of such 1-year period.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–589 effective on Oct. 1, 1979, but not applicable to proceedings under Title 11, Bank- ruptcy, commenced before Oct. 1, 1979, see section 7(e) of Pub. L. 96–589, set out as a note under section 108 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–455, title XII, § 1212(b), Oct. 4, 1976, 90 Stat. 1712, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to returns filed for taxable years ending after the date of enactment of this Act [Oct. 4, 1976].’’ § 6405. Reports of refunds and credits (a) By Treasury to Joint Committee No refund or credit of any income, war profits, excess profits, estate, or gift tax, or any tax im- posed with respect to public charities, private foundations, operators’ trust funds, pension plans, or real estate investment trusts under chapter 41, 42, 43, or 44, in excess of $2,000,000 ($5,000,000 in the case of a C corporation) shall be made until after the expiration of 30 days from the date upon which a report giving the name of the person to whom the refund or credit is to be made, the amount of such refund or credit, and a summary of the facts and the decision of the Secretary, is submitted to the Joint Committee on Taxation. (b) Tentative adjustments Any credit or refund allowed or made under section 6411 shall be made without regard to the provisions of subsection (a) of this section. In any such case, if the credit or refund, reduced by any deficiency in such tax thereafter assessed and by deficiencies in any other tax resulting from adjustments reflected in the determination of the credit or refund, is in excess of $2,000,000 ($5,000,000 in the case of a C corporation), there shall be submitted to such committee a report containing the matter specified in subsection (a) at such time after the making of the credit or refund as the Secretary shall determine the cor- rect amount of the tax. (c) Refunds attributable to certain disaster losses If any refund or credit of income taxes is at- tributable to the taxpayer’s election under sec- tion 165(i) to deduct a disaster loss for the tax- able year immediately preceding the taxable year in which the disaster occurred, the Sec- retary is authorized in his discretion to make the refund or credit, to the extent attributable to such election, without regard to the provi- sions of subsection (a) of this section. If such re- fund or credit is made without regard to sub- section (a), there shall thereafter be submitted to such Joint Committee a report containing the matter specified in subsection (a) as soon as the Secretary shall determine the correct amount of the tax for the taxable year for which the refund or credit is made. (Aug. 16, 1954, ch. 736, 68A Stat. 792; Pub. L. 92–418, § 2(b), Aug. 29, 1972, 86 Stat. 657; Pub. L. 92–512, title II, § 203(a), Oct. 20, 1972, 86 Stat. 944; Pub. L. 94–455, title XII, § 1210(a), (b), title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1711, 1834; Pub. L. 95–227, § 4(d)(3), Feb. 10, 1978, 92 Stat. 23; Pub. L. 98–369, div. A, title VII, § 711(c)(3), July 18, 1984, 98 Stat. 946; Pub. L. 99–514, title XVIII, § 1879(e), Oct. 22, 1986, 100 Stat. 2906; Pub. L. 101–508, title XI, §§ 11801(c)(21)(A), 11834(a), Nov. 5, 1990, 104 Stat. 1388–528, 1388–560; Pub. L. 106–554, § 1(a)(7) [title III, § 305(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–634; Pub. L. 113–295, div. A, title III, § 301(a), Dec. 19, 2014, 128 Stat. 4055.) Editorial Notes AMENDMENTS 2014—Subsecs. (a), (b). Pub. L. 113–295 inserted ‘‘($5,000,000 in the case of a C corporation)’’ after ‘‘$2,000,000’’. 2000—Subsecs. (a), (b). Pub. L. 106–554 substituted ‘‘$2,000,000’’ for ‘‘$1,000,000’’. 1990—Subsecs. (a), (b). Pub. L. 101–508, § 11834(a) sub- stituted ‘‘$1,000,000’’ for ‘‘$200,000’’. Subsec. (d). Pub. L. 101–508, § 11801(c)(21)(A), struck out subsec. (d) which read as follows: ‘‘For purposes of this section, a refund or credit made under subchapter E of chapter 64 (relating to Federal collection of quali- fied State individual income taxes) for a taxable year shall be treated as a portion of a refund or credit of the income tax for that taxable year.’’ 1986—Subsecs. (b) to (e). Pub. L. 99–514 redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out former subsec. (b) which read as follows: ‘‘A report to Congress shall be made annually by such committee of such refunds and credits, including the names of all persons and corporations to whom amounts are cred- ited or payments are made, together with the amounts credited or paid to each.’’ 1984—Subsec. (d). Pub. L. 98–369 substituted ‘‘section 165(i)’’ for ‘‘section 165(h)’’. 1978—Subsec. (a). Pub. L. 95–227 inserted provisions relating to applicability to public charities, operators’ trust funds, or real estate investment trusts, and ref- erences to chapters 41 and 44. 1976—Subsec. (a). Pub. L. 94–455, § 1210(a), inserted ref- erence to any tax imposed with respect to private foun- dations and pensions under chapters 42 and 43, sub- stituted $200,000 for $100,000 and struck out ‘‘or his dele- gate’’ after ‘‘Secretary’’. Page 3609 TITLE 26—INTERNAL REVENUE CODE § 6408 Subsec. (c). Pub. L. 94–455, §§ 1210(b), 1906(b)(13)(A), substituted ‘‘$200,000’’ for ‘‘$100,000’’ and struck out ‘‘or his delegate’’ after ‘‘Secretary’’. Subsec. (d). Pub. L. 94–455, § 1906(b)(13)(A), struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appear- ing. 1972—Subsec. (d). Pub. L. 92–418 added subsec. (d). Subsec. (e). Pub. L. 92–512 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–295, div. A, title III, § 301(b), Dec. 19, 2014, 128 Stat. 4055, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 19, 2014], ex- cept that such amendment shall not apply with respect to any refund or credit with respect to a report that has been made before such date under section 6405 of the Internal Revenue Code of 1986.’’ EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(7) [title III, § 305(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–634, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall take effect on the date of the enactment of this Act [Dec. 21, 2000], except that such amendment shall not apply with respect to any refund or credit with respect to a report that has been made before such date of the enactment under section 6405 of the Internal Revenue Code of 1986.’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title XI, § 11834(b), Nov. 5, 1990, 104 Stat. 1388–560, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990], except that such amendment shall not apply with re- spect to any refund or credit with respect to a report has been made before such date of enactment under sec- tion 6405 of the Internal Revenue Code of 1986.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–514 effective, except as oth- erwise 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 Pub. L. 98–369 effective as if included in the provision of the Tax Equity and Fiscal Responsi- bility Act of 1982, Pub. L. 97–248, to which such amend- ment relates, see section 715 of Pub. L. 98–369, set out as a note under section 31 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–227 applicable with respect to contributions, acts, and expenditures made after Dec. 31, 1977, in and for taxable years beginning after such date, see section 4(f) of Pub. L. 95–227, set out as an Effective Date note under section 192 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–455, title XII, § 1210(d)(1), Oct. 4, 1976, 90 Stat. 1711, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date of enactment of this Act [Oct. 4, 1976], except that such amendments shall not apply with respect to any refund or credit with respect to which a report has been made before the date of en- actment of this Act [Oct. 4, 1976] under subsection (a) or (c) of section 6405 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–418, § 2(c), Aug. 29, 1972, 86 Stat. 657, pro- vided in part that: ‘‘The amendment made by sub- section (b) [amending this section] shall apply with re- spect to refunds or credits made after July 1, 1972.’’ SAVINGS PROVISION For provisions that nothing in amendment by section 11801(c)(21)(A) of 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 45K 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 [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 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. § 6406. Prohibition of administrative review of decisions In the absence of fraud or mistake in mathe- matical calculation, the findings of fact in and the decision of the Secretary upon the merits of any claim presented under or authorized by the internal revenue laws and the allowance or non- allowance by the Secretary of interest on any credit or refund under the internal revenue laws shall not, except as provided in subchapters C and D of chapter 76 (relating to the Tax Court), be subject to review by any other administrative or accounting officer, employee, or agent of the United States. (Aug. 16, 1954, ch. 736, 68A Stat. 792; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing. § 6407. Date of allowance of refund or credit The date on which the Secretary first author- izes the scheduling of an overassessment in re- spect of any internal revenue tax shall be con- sidered as the date of allowance of refund or credit in respect of such tax. (Aug. 16, 1954, ch. 736, 68A Stat. 793; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing. § 6408. State escheat laws not to apply No overpayment of any tax imposed by this title shall be refunded (and no interest with re- spect to any such overpayment shall be paid) if the amount of such refund (or interest) would escheat to a State or would otherwise become the property of a State under any law relating to the disposition of unclaimed or abandoned