26 U.S.C. § 6430 — Treatment of tax imposed at Leaking Un-

Page 3682 TITLE 26—INTERNAL REVENUE CODE [§ 6429 retary to make payments to such taxpayers under subsection (g) (including the determina- tion of the amount of such payment) if such information is not otherwise available to the Secretary, and (2) regulations or other guidance to ensure to the maximum extent administratively prac- ticable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (g), an individual is not taken into account more than once, in- cluding by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is deter- mined and the taxable year for which a credit under subsection (a) is determined. (i) Outreach The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (h)(1) learn of their eligibility for the advance refunds and credits under subsection (g); are advised of the opportunity to receive such advance refunds and credits as provided under subsection (h)(1); and are provided assistance in applying for such ad- vance refunds and credits. (Added Pub. L. 117–2, title IX, § 9601(a), Mar. 11, 2021, 135 Stat. 138.) Statutory Notes and Related Subsidiaries TREATMENT OF CERTAIN POSSESSIONS Pub. L. 117–2, title IX, § 9601(b), Mar. 11, 2021, 135 Stat. 142, provided that: ‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—The Secretary of the Treasury shall pay to each possession of the United States which has a mir- ror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective posses- sion. ‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. ‘‘(3) INCLUSION OF ADMINISTRATIVE EXPENSES.—The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the lesser of— ‘‘(A) the increase (if any) of the administrative ex- penses of such possession— ‘‘(i) in the case of a possession described in para- graph (1), by reason of the amendments made by this section, and ‘‘(ii) in the case of a possession described in para- graph (2), by reason of carrying out the plan de- scribed in such paragraph, or ‘‘(B) $500,000 ($10,000,000 in the case of Puerto Rico). The amount described in subparagraph (A) shall be de- termined by the Secretary of the Treasury based on in- formation provided by the government of the respec- tive possession. ‘‘(4) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED STATES INCOME TAXES.—No credit shall be al- lowed against United States income taxes under sec- tion 6428B of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (g) of such section, to any person— ‘‘(A) to whom a credit is allowed against taxes im- posed by the possession by reason of the amendments made by this section, or ‘‘(B) who is eligible for a payment under a plan de- scribed in paragraph (2). ‘‘(5) MIRROR CODE TAX SYSTEM.—For purposes of this subsection, the term ‘mirror code tax system’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. ‘‘(6) TREATMENT OF PAYMENTS.—For purposes of sec- tion 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same man- ner as a refund due from a credit provision referred to in subsection (b)(2) of such section.’’ EXCEPTION FROM REDUCTION OR OFFSET Pub. L. 117–2, title IX, § 9601(c)(2), Mar. 11, 2021, 135 Stat. 143, provided that: ‘‘Any refund payable by reason of section 6428B(g) of the Internal Revenue Code of 1986 (as added by this section), or any such refund payable by reason of subsection (b) of this section [set out above], shall not be— ‘‘(A) subject to reduction or offset pursuant to sub- section (c), (d), (e), or (f) of section 6402 of the Inter- nal Revenue Code of 1986 or any similar authority permitting offset, or ‘‘(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or col- lection.’’ [§ 6429. Repealed. Pub. L. 113–295, div. A, title II, § 221(a)(113), Dec. 19, 2014, 128 Stat. 4054] Section, added Pub. L. 108–27, title I, § 101(b)(1), May 28, 2003, 117 Stat. 753, related to advance payment of portion of increased child credit for 2003. A prior section 6429, added Pub. L. 96–499, title XI, § 1131(a)(1), Dec. 5, 1980, 94 Stat. 2691; amended Pub. L. 97–34, title VI, § 601(a)(1)–(5), Aug. 13, 1981, 95 Stat. 335, 336; Pub. L. 97–448, title I, § 106(a)(1), (3), Jan. 12, 1983, 96 Stat. 2387, 2388, related to credit and refund of chapter 45 windfall profit taxes on domestic crude oil paid by royalty owners, prior to repeal by Pub. L. 100–418, title I, § 1941(b)(1), (c), Aug. 23, 1988, 102 Stat. 1323, 1324, appli- cable to crude oil removed from the premises on or after Aug. 23, 1988. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113–295, set out as an Effective Date of 2014 Amendment note under sec- tion 1 of this title. § 6430. Treatment of tax imposed at Leaking Un- derground Storage Tank Trust Fund financ- ing rate No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels— (1) which are exempt from tax under section 4081(a) by reason of section 4082(f)(2), (2) which are exempt from tax under section 4041(d) by reason of the last sentence of para- graph (5) thereof, or Page 3683 TITLE 26—INTERNAL REVENUE CODE § 6432 (3) with respect to which the rate increase under section 4081(a)(2)(B) is zero by reason of section 4082(e)(2). (Added Pub. L. 109–58, title XIII, § 1362(b)(3)(A), Aug. 8, 2005, 119 Stat. 1059; amended Pub. L. 110–172, § 6(d)(2)(D), Dec. 29, 2007, 121 Stat. 2481.) Editorial Notes PRIOR PROVISIONS A prior section 6430, added Pub. L. 97–448, title I, § 106(a)(4)(A), Jan. 12, 1983, 96 Stat. 2388, related to cred- it or refund of windfall profit taxes to certain trust beneficiaries, prior to repeal by Pub. L. 100–418, title I, § 1941(b)(1), (c), Aug. 23, 1988, 102 Stat. 1323, 1324, applica- ble to crude oil removed from the premises on or after Aug. 23, 1988. AMENDMENTS 2007—Pub. L. 110–172 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘No refunds, credits, or payments shall be made under this subchapter for any tax imposed at the Leaking Underground Storage Tank Trust Fund financing rate, except in the case of fuels destined for export.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–172 effective as if included in the provisions of the Energy Policy Act of 2005, Pub. L. 109–58, to which such amendment relates, see section 6(e) of Pub. L. 110–172, set out as a note under section 30C of this title. EFFECTIVE DATE Section effective Oct. 1, 2005, and applicable to fuel entered, removed, or sold after Sept. 30, 2005, see sec- tion 1362(d) of Pub. L. 109–58, set out as an Effective Date of 2005 Amendment note under section 4041 of this title. REFUND AUTHORIZED FOR CERTAIN TAXES Pub. L. 110–172, § 6(d)(1)(C), Dec. 29, 2007, 121 Stat. 2480, provided that: ‘‘Notwithstanding section 6430 of the In- ternal Revenue Code of 1986, a refund, credit, or pay- ment may be made under subchapter B of chapter 65 of such Code for taxes imposed with respect to any liquid after September 30, 2005, and before the date of the en- actment of this Act [Dec. 29, 2007] under section 4041(d)(1) or 4042 of such Code at the Leaking Under- ground Storage Tank Trust Fund financing rate to the extent that tax was imposed with respect to such liquid under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.’’ [§ 6431. Repealed. Pub. L. 115–97, title I, § 13404(b), Dec. 22, 2017, 131 Stat. 2138] Section, added Pub. L. 111–5, div. B, title I, § 1531(b), Feb. 17, 2009, 123 Stat. 359; amended Pub. L. 111–147, title III, § 301(a), Mar. 18, 2010, 124 Stat. 77; Pub. L. 111–312, title VII, § 758(b), Dec. 17, 2010, 124 Stat. 3323; Pub. L. 113–295, div. A, title II, § 202(d), Dec. 19, 2014, 128 Stat. 4024, related to credit for qualified bonds allowed to issuer. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 115–97 applicable to bonds issued after Dec. 31, 2017, see section 13404(d) of Pub. L. 115–97, set out as a note under former section 54 of this title. § 6432. Continuation coverage premium assist- ance (a) In general The person to whom premiums are payable for continuation coverage under section 9501(a)(1) of the American Rescue Plan Act of 2021 shall be allowed as a credit against the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), for each cal- endar quarter an amount equal to the premiums not paid by assistance eligible individuals for such coverage by reason of such section 9501(a)(1) with respect to such calendar quarter. (b) Person to whom premiums are payable For purposes of subsection (a), except as oth- erwise provided by the Secretary, the person to whom premiums are payable under such con- tinuation coverage shall be treated as being— (1) in the case of any group health plan which is a multiemployer plan (as defined in section 3(37) of the Employee Retirement In- come Security Act of 1974), the plan, (2) in the case of any group health plan not described in paragraph (1)— (A) which is subject to the COBRA con- tinuation provisions contained in— (i) the Internal Revenue Code of 1986, (ii) the Employee Retirement Income Se- curity Act of 1974, or (iii) the Public Health Service Act, or (B) under which some or all of the cov- erage is not provided by insurance, the employer maintaining the plan, and (3) in the case of any group health plan not described in paragraph (1) or (2), the insurer providing the coverage under the group health plan. (c) Limitations and refundability (1) Credit limited to certain employment taxes The credit allowed by subsection (a) with re- spect to any calendar quarter shall not exceed the tax imposed by section 3111(b), or so much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b), for such calendar quarter (re- duced by any credits allowed against such taxes under sections 3131, 3132, and 3134) on the wages paid with respect to the employment of all employees of the employer. (2) Refundability of excess credit (A) Credit is refundable If the amount of the credit under sub- section (a) exceeds the limitation of para- graph (1) for any calendar quarter, such ex- cess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). (B) Credit may be advanced In anticipation of the credit, including the refundable portion under subparagraph (A), the credit may be advanced, according to forms and instructions provided by the Sec- retary, up to an amount calculated under subsection (a) through the end of the most recent payroll period in the quarter.