26 U.S.C. § 6515 — Cross references

Page 3718 TITLE 26—INTERNAL REVENUE CODE § 6514 payment of the income tax for the succeeding taxable year (whether or not claimed as a credit in the return of estimated tax for such suc- ceeding taxable year), and no claim for credit or refund of such overpayment shall be allowed for the taxable year in which the overpayment arises. (e) Payments of Federal unemployment tax Notwithstanding subsection (a), for purposes of section 6511 any payment of tax imposed by chapter 23 which, pursuant to section 6157, is made for a calendar quarter or other period within a calendar year shall, if made before the last day prescribed for filing the return for the calendar year (determined without regard to any extension of time for filing), be considered made on such last day. (Aug. 16, 1954, ch. 736, 68A Stat. 812; Pub. L. 89–809, title I, § 105(f)(1), (2), Nov. 13, 1966, 80 Stat. 1567, 1568; Pub. L. 91–53, § 2(d), Aug. 7, 1969, 83 Stat. 92; Pub. L. 98–76, title II, § 231(b)(2)(C), Aug. 12, 1983, 97 Stat. 429; Pub. L. 100–647, title VII, § 7106(c)(4), Nov. 10, 1988, 102 Stat. 3774; Pub. L. 111–147, title V, § 501(c)(4), (5), Mar. 18, 2010, 124 Stat. 106.) Editorial Notes AMENDMENTS 2010—Subsec. (b)(3). Pub. L. 111–147, § 501(c)(4), in- serted ‘‘or 4’’ after ‘‘chapter 3’’ and ‘‘or 1474(b)’’ after ‘‘section 1462’’. Subsec. (c). Pub. L. 111–147, § 501(c)(5), inserted ‘‘4,’’ after ‘‘chapter 3,’’ in introductory provisions. 1988—Subsec. (e). Pub. L. 100–647 struck out last sen- tence which read as follows: ‘‘Notwithstanding sub- section (a), for purposes of section 6511, any payment of tax imposed by chapter 23A which, pursuant to section 6157, is made for a calendar quarter within a taxable pe- riod shall, if made before the last day prescribed for fil- ing the return for the taxable period (determined with- out regard to any extension of time for filing), be con- sidered made on such last day.’’ 1983—Subsec. (e). Pub. L. 98–76 inserted provisions that notwithstanding subsection (a), for purposes of section 6511, any payment of tax imposed by chapter 23A which, pursuant to section 6157, is made for a cal- endar quarter within a taxable period shall, if made be- fore the last day prescribed for filing the return for the taxable period (determined without regard to any ex- tension of time for filing), be considered made on such last day. 1969—Subsec. (e). Pub. L. 91–53 added subsec. (e). 1966—Subsec. (b). Pub. L. 89–809, § 105(f)(1), designated existing provisions as pars. (1) and (2) and added par. (3). Subsec. (c). Pub. L. 89–809, § 105(f)(2), inserted ref- erence to chapter 3 in provisions preceding par. (1) and ‘‘or other amount’’ after ‘‘remuneration’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–147 applicable to pay- ments made after Dec. 31, 2012, with certain exceptions, see section 501(d)(1), (2) of Pub. L. 111–147, set out as a note under section 1471 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable to remu- neration paid after Dec. 31, 1988, see section 7106(d) of Pub. L. 100–647, set out as a note under section 3321 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–76 applicable to remunera- tion paid after June 30, 1986, see section 231(d) of Pub. L. 98–76, set out as an Effective Date note under section 3321 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–53 applicable with respect to calendar years beginning after Dec. 31, 1969, see sec- tion 4(a) of Pub. L. 91–53, set out as an Effective Date note under section 6157 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–809 effective Nov. 13, 1966, see section 105(f)(4) of Pub. L. 89–809, set out as a note under section 6501 of this title. § 6514. Credits or refunds after period of limita- tion (a) Credits or refunds after period of limitation A refund of any portion of an internal revenue tax shall be considered erroneous and a credit of any such portion shall be considered void— (1) Expiration of period for filing claim If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or (2) Disallowance of claim and expiration of pe- riod for filing suit In the case of a claim filed within the proper time and disallowed by the Secretary, if the credit or refund was made after the expiration of the period of limitation for filing suit, un- less within such period suit was begun by the taxpayer. (3) Recovery of erroneous refunds For procedure by the United States to recover er- roneous refunds, see sections 6532(b) and 7405. (b) Credit after period of limitation Any credit against a liability in respect of any taxable year shall be void if any payment in re- spect of such liability would be considered an overpayment under section 6401(a). (Aug. 16, 1954, ch. 736, 68A Stat. 812; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes AMENDMENTS 1976—Subsec. (a)(2). Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’. § 6515. Cross references For limitations in case of— (1) Deficiency dividends of a personal holding company, see section 547. (2) Tentative carry-back adjustments, see sec- tion 6411. (3) Service in a combat zone, etc., see section 7508. (4) Suits for refund by taxpayers, see section 6532(a). (5) Deficiency dividends of a regulated invest- ment company or real estate investment trust, see section 860. (Aug. 16, 1954, ch. 736, 68A Stat. 813; Pub. L. 94–455, title XVI, § 1601(f)(3), title XIX, § 1901(b)(36)(D), (37)(E), Oct. 4, 1976, 90 Stat. 1746, 1802, 1803; Pub. L. 95–600, title III, § 362(d)(4), Nov. 6, 1978, 92 Stat. 2852; Pub. L. 97–248, title IV, § 402(c)(10), Sept. 3, 1982, 96 Stat. 668; Pub. L. Page 3719 TITLE 26—INTERNAL REVENUE CODE § 6531 101–508, title XI, § 11801(c)(17)(C), Nov. 5, 1990, 104 Stat. 1388–528; Pub. L. 114–74, title XI, § 1101(f)(8), Nov. 2, 2015, 129 Stat. 638.) Editorial Notes AMENDMENTS 2015—Par. (6). Pub. L. 114–74 struck out par. (6) which read as follows: ‘‘Refunds or credits attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230.’’ 1990—Pub. L. 101–508 struck out par. (2) and redesig- nated the succeeding pars. accordingly, which was exe- cuted with respect to the succeeding pars. (consisting of pars. (3) to (7)) by redesignating such pars. as (2) to (6), respectively. Prior to amendment, par. (2) provided a cross reference to section 1481 for overpayment in cer- tain renegotiations of war contracts. 1982—Par. (7). Pub. L. 97–248 added par. (7). 1978—Par. (6). Pub. L. 95–600 inserted ‘‘regulated in- vestment company or’’ before ‘‘real estate investment trust’’ and substituted ‘‘section 860’’ for ‘‘section 859’’. Notwithstanding the directory language that the amendment be made to par. (5), the amendment was ex- ecuted to par. (6) to reflect the probable intent of Con- gress. 1976—Par. (1). Pub. L. 94–455, § 1901(b)(36)(D), (b)(37)(E), redesignated par. (3) as (1). Former par. (1), which re- ferred to section 1321 for adjustments incident to invol- untary liquidation of inventory, was struck out. Par. (2). Pub. L. 94–455, § 1901(b)(37)(E), redesignated par. (4) as (2). Former par. (2), which referred to section 1335 for war loss recoveries where the prior benefit rule was elected, was struck out. Pars. (3) to (7). Pub. L. 94–455, § 1901(b)(37)(E), redesig- nated pars. (3) to (7) as (1) to (5), respectively. Par. (8). Pub. L. 94–455, § 1601(f)(3), added par. (8) which was redesignated par. (6) by section 1901(b)(37)(E) of Pub. L. 94–455. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–74 applicable to returns filed for partnership taxable years beginning after Dec. 31, 2017, with certain exceptions, see section 1101(g) of Pub. L. 114–74, set out as an Effective Date note under section 6221 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–248 applicable to partner- ship taxable years beginning after Sept. 3, 1982, with provision for applicability of amendment to any part- nership taxable year ending after Sept. 3, 1982, if part- nership, each partner, and each indirect partner re- quests 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 a note under section 702 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–600 applicable with respect to determinations (as defined in section 860(e) of this title) after Nov. 6, 1978, see section 362(e) of Pub. L. 95–600, set out as an Effective Date note under section 860 of this title. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by section 1601(f)(3) of Pub. L. 94–455, see section 1608(a) of Pub. L. 94–455, set out as a note under section 857 of this title. Amendment by section 1901(b)(36)(D), (37)(E) of Pub. L. 94–455 applicable with respect to taxable years begin- ning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 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 liabil- ity for tax for periods ending after Nov. 5, 1990, see sec- tion 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title. Subchapter C—Mitigation of Effect of Period of Limitations Sec. 6521. Mitigation of effect of limitation in case of related taxes under different chapters. § 6521. Mitigation of effect of limitation in case of related taxes under different chapters (a) Self-employment tax and tax on wages In the case of the tax imposed by chapter 2 (re- lating to tax on self-employment income) and the tax imposed by section 3101 (relating to tax on employees under the Federal Insurance Con- tributions Act)— (1) If an amount is erroneously treated as self-employment income, or if an amount is erroneously treated as wages, and (2) If the correction of the error would re- quire an assessment of one such tax and the refund or credit of the other tax, and (3) If at any time the correction of the error is authorized as to one such tax but is pre- vented as to the other tax by any law or rule of law (other than section 7122, relating to compromises), then, if the correction authorized is made, the amount of the assessment, or the amount of the credit or refund, as the case may be, authorized as to the one tax shall be reduced by the amount of the credit or refund, or the amount of the as- sessment, as the case may be, which would be re- quired with respect to such other tax for the correction of the error if such credit or refund, or such assessment, of such other tax were not prevented by any law or rule of law (other than section 7122, relating to compromises). (b) Definitions For purposes of subsection (a), the terms ‘‘self- employment income’’ and ‘‘wages’’ shall have the same meaning as when used in section 1402(b). (Aug. 16, 1954, ch. 736, 68A Stat. 814.) Editorial Notes REFERENCES IN TEXT The Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§ 3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, which is classified generally to chapter 21 (§ 3101 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 3128 of this title and Tables. Subchapter D—Periods of Limitation in Judicial Proceedings Sec. 6531. Periods of limitation on criminal prosecu- tions. 6532. Periods of limitation on suits. 6533. Cross references. § 6531. Periods of limitation on criminal prosecu- tions No person shall be prosecuted, tried, or pun- ished for any of the various offenses arising