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26 U.S.C. § 6409 — Refunds disregarded in the administra-
Federal law — U.S. Code and appendices · legal_authorities
Page 3610
TITLE 26—INTERNAL REVENUE CODE
§ 6409
property. No refund (or payment of interest)
shall be made to the estate of any decedent un-
less it is affirmatively shown that such amount
will not escheat to a State or otherwise become
the property of a State under such a law.
(Added Pub. L. 100–203, title X, § 10621(a), Dec. 22,
1987, 101 Stat. 1330–452.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 100–203, title X, § 10621(c), Dec. 22, 1987, 101
Stat. 1330–452, provided that: ‘‘The amendments made
by this section [enacting this section] shall take effect
on the date of the enactment of this Act [Dec. 22,
1987].’’
§ 6409. Refunds disregarded in the administra-
tion of Federal programs and federally as-
sisted programs
Notwithstanding any other provision of law,
any refund (or advance payment with respect to
a refundable credit) made to any individual
under this title shall not be taken into account
as income, and shall not be taken into account
as resources for a period of 12 months from re-
ceipt, for purposes of determining the eligibility
of such individual (or any other individual) for
benefits or assistance (or the amount or extent
of benefits or assistance) under any Federal pro-
gram or under any State or local program fi-
nanced in whole or in part with Federal funds.
(Added Pub. L. 111–312, title VII, § 728(a), Dec. 17,
2010, 124 Stat. 3317; amended Pub. L. 112–240, title
I, § 103(d), Jan. 2, 2013, 126 Stat. 2320.)
Editorial Notes
AMENDMENTS
2013—Pub. L. 112–240 amended section generally. Prior
to amendment, section related to refunds disregarded
in the administration of Federal programs and feder-
ally assisted programs and provided that the provisions
were inapplicable to any amount received after Dec. 31,
20
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 6409
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Source location: USCODE-2024-title26-subtitleF-chap65-subchapA-sec6409.pdf
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Page 3610
TITLE 26—INTERNAL REVENUE CODE
§ 6409
property. No refund (or payment of interest)
shall be made to the estate of any decedent un-
less it is affirmatively shown that such amount
will not escheat to a State or otherwise become
the property of a State under such a law.
(Added Pub. L. 100–203, title X, § 10621(a), Dec. 22,
1987, 101 Stat. 1330–452.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 100–203, title X, § 10621(c), Dec. 22, 1987, 101
Stat. 1330–452, provided that: ‘‘The amendments made
by this section [enacting this section] shall take effect
on the date of the enactment of this Act [Dec. 22,
1987].’’
§ 6409. Refunds disregarded in the administra-
tion of Federal programs and federally as-
sisted programs
Notwithstanding any other provision of law,
any refund (or advance payment with respect to
a refundable credit) made to any individual
under this title shall not be taken into account
as income, and shall not be taken into account
as resources for a period of 12 months from re-
ceipt, for purposes of determining the eligibility
of such individual (or any other individual) for
benefits or assistance (or the amount or extent
of benefits or assistance) under any Federal pro-
gram or under any State or local program fi-
nanced in whole or in part with Federal funds.
(Added Pub. L. 111–312, title VII, § 728(a), Dec. 17,
2010, 124 Stat. 3317; amended Pub. L. 112–240, title
I, § 103(d), Jan. 2, 2013, 126 Stat. 2320.)
Editorial Notes
AMENDMENTS
2013—Pub. L. 112–240 amended section generally. Prior
to amendment, section related to refunds disregarded
in the administration of Federal programs and feder-
ally assisted programs and provided that the provisions
were inapplicable to any amount received after Dec. 31,
2012.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 112–240 applicable to amounts
received after Dec. 31, 2012, see section 103(e)(2) of Pub.
L. 112–240, set out as a note under section 24 of this
title.
EFFECTIVE DATE
Pub. L. 111–312, title VII, § 728(c), Dec. 17, 2010, 124
Stat. 3317, provided that: ‘‘The amendments made by
this section [enacting this section] shall apply to
amounts received after December 31, 2009.’’
Subchapter B—Rules of Special Application
Sec.
6411.
Tentative carryback and refund adjustments.
6412.
Floor stocks refunds.
6413.
Special rules applicable to certain employ-
ment taxes.
6414.
Income tax withheld.
6415.
Credits or refunds to persons who collected
certain taxes.
6416.
Certain taxes on sales and services.
6417.
Elective payment of applicable credits.
6418.
Transfer of certain credits.
6419.
Excise tax on wagering.
Sec.
6420.
Gasoline used on farms.
6421.
Gasoline used for certain nonhighway pur-
poses, used by local transit systems, or sold
for certain exempt purposes.
6422.
Cross references.
6423.
Conditions to allowance in the case of alcohol
and tobacco taxes.
[6424.
Repealed.]
6425.
Adjustment of overpayment of estimated in-
come tax by corporation.
6426.
Credit for alcohol fuel, biodiesel, and alter-
native fuel mixtures.
6427.
Fuels not used for taxable purposes.
6428.
2020 recovery rebates for individuals.
6428A.
Additional 2020 recovery rebates for individ-
uals.
6428B.
2021 recovery rebates to individuals.
[6429.
Repealed.]
6430.
Treatment of tax imposed at Leaking Under-
ground Storage Tank Trust Fund financing
rate.
[6431.
Repealed.]
6432.
Continuation coverage premium assistance.
6433.
Saver’s Match.
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–328, div. T, title I, § 103(e)(2), Dec. 29,
2022, 136 Stat. 5286, added item 6433.
Pub. L. 117–169, title I, § 13801(e), Aug. 16, 2022, 136
Stat. 2013, added items 6417 and 6418.
2021—Pub.
L.
117–2,
title
IX,
§§ 9501(b)(1)(B),
9601(c)(3)(B), Mar. 11, 2021, 135 Stat. 136, 143, added items
6428B and 6432.
2020—Pub. L. 116–260, div. N, title II, § 272(g)(2), Dec.
27, 2020, 134 Stat. 1976, added item 6428A.
Pub. L. 116–136, div. A, title II, § 2201(g)(2), Mar. 27,
2020, 134 Stat. 340, added item 6428.
2018—Pub. L. 115–141, div. U, title IV, § 401(d)(7)(A),
Mar. 23, 2018, 132 Stat. 1212, struck out item 6432
‘‘COBRA premium assistance’’.
2017—Pub. L. 115–97, title I, § 13404(b), Dec. 22, 2017, 131
Stat. 2138, struck out item 6431 ‘‘Credit for qualified
bonds allowed to issuer’’.
2014—Pub. L. 113–295, div. A, title II, § 221(a)(112)(A),
(113), Dec. 19, 2014, 128 Stat. 4054, struck out item 6428
‘‘2008 recovery rebates for individuals’’ and item 6429
‘‘Advance payment of portion of increased child credit
for 2003’’.
2009—Pub. L. 111–5, div. B, title I, § 1531(c)(7), title III,
§ 3001(a)(12)(C), Feb. 17, 2009, 123 Stat. 360, 463, added
items 6431 and 6432.
2008—Pub. L. 110–185, title I, § 101(f)(3), Feb. 13, 2008,
122 Stat. 617, substituted ‘‘2008 recovery rebates for in-
dividuals’’ for ‘‘Acceleration of 10 percent income tax
rate bracket benefit for 2001’’ in item 6428.
2005—Pub. L. 109–59, title XI, § 11113(b)(3)(B), Aug. 10,
2005, 119 Stat. 1948, substituted ‘‘alcohol fuel, biodiesel,
and alternative fuel’’ for ‘‘alcohol fuel and biodiesel’’ in
item 6426.
Pub. L. 109–58, title XIII, § 1362(b)(3)(B), Aug. 8, 2005,
119 Stat. 1059, added item 6430.
2004—Pub. L. 108–357, title III, § 301(c)(14), Oct. 22, 2004,
118 Stat. 1463, added item 6426.
2003—Pub. L. 108–27, title I, § 101(b)(2), May 28, 2003, 117
Stat. 754, added item 6429.
2001—Pub. L. 107–16, title I, § 101(b)(2), June 7, 2001, 115
Stat. 43, added item 6428.
1990—Pub.
L.
101–508,
title
XI,
§ 11801(b)(15),
(c)(22)(B)(ii), Nov. 5, 1990, 104 Stat. 1388–522, 1388–528,
struck out item 6418 ‘‘Sugar’’ and item 6428 ‘‘1981 rate
reduction tax credit’’.
1988—Pub. L. 100–418, title I, § 1941(b)(3)(E), Aug. 23,
1988, 102 Stat. 1324, struck out items 6429 ‘‘Credit and
refund of chapter 45 taxes paid by royalty owners’’ and
6430 ‘‘Credit or refund of windfall profit taxes to certain
trust beneficiaries’’.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, any refund (or advance payment with respect to a refundable credit) made to any individual under this title shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or under any State or local program financed in whole or in part with Federal funds.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6409
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.