26 U.S.C. § 6158 — Untitled legal text

Page 3500 TITLE 26—INTERNAL REVENUE CODE [§ 6158 EFFECTIVE DATE Pub. L. 91–53, § 4(a), Aug. 7, 1969, 83 Stat. 93, provided that: ‘‘The amendments made by the first two sections of this Act [enacting section 6317 and amending this section and sections 3306, 6201, 6513, and 6601 of this title] shall apply with respect to calendar years begin- ning after December 31, 1969.’’ EXTENSION OF TIME FOR PAYMENT OF ADDITIONAL FUTA TAXES Pub. L. 102–244, § 4, Feb. 7, 1992, 106 Stat. 4, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, if a qualified taxpayer is required to pay additional taxes for taxable years beginning in 1991 with respect to any employment in any State by reason of such State being declared a credit reduction State, such taxpayer may elect to defer the filing and pay- ment of such additional taxes to a date no later than June 30, 1992. ‘‘(b) INTEREST.—Notwithstanding subsection (a), for purposes of section 6601(a) of the Internal Revenue Code of 1986, the last date prescribed for payment of any ad- ditional taxes for which an election is made under sub- section (a) shall be January 31, 1992. ‘‘(c) DEFINITIONS.—For purposes of this section— ‘‘(1) QUALIFIED TAXPAYER.—The term ‘qualified tax- payer’ means a taxpayer— ‘‘(A) in a State which has been declared a credit reduction State for taxable years beginning in 1991, and ‘‘(B) who did not receive notice of such credit re- duction before December 1, 1991 from either the State unemployment compensation agency or the Internal Revenue Service. ‘‘(2) CREDIT REDUCTION STATE.—The term ‘credit re- duction State’ means a State with respect to which the Internal Revenue Service has determined that a reduction in credits is applicable for taxable years be- ginning in 1991 pursuant to the provisions of section 3302 of the Internal Revenue Code of 1986. ‘‘(d) TIME AND MANNER FOR MAKING ELECTION.—An election under this section shall be made at such time and in such manner as the Secretary of the Treasury shall prescribe.’’ WAGES PAID IN 1970 CALENDAR QUARTERS ENDING BEFORE AUGUST 10, 1970 Pub. L. 91–373, title III, § 301(b), Aug. 10, 1970, 84 Stat. 713, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘For purposes of section 6157 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to payment of Federal unemployment tax on quarterly or other time period basis), in com- puting tax as required by subsections (a)(1) and (2) of such section, the percentage contained in subsection (b) of such section applicable with respect to wages paid in any calendar quarter in 1970 ending before the date of the enactment of this Act [Aug. 10, 1970] shall be treated as being 0.4 percent.’’ [§ 6158. Repealed. Pub. L. 101–508, title XI, § 11801(a)(44), Nov. 5, 1990, 104 Stat. 1388–521] Section, added Pub. L. 94–452, § 3(a), Oct. 2, 1976, 90 Stat. 1512; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to in- stallment payment of tax attributable to divestitures pursuant to Bank Holding Company Act Amendments of 1970. Statutory Notes and Related Subsidiaries SAVINGS PROVISION For provisions that nothing in repeal 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. § 6159. Agreements for payment of tax liability in installments (a) Authorization of agreements The Secretary is authorized to enter into writ- ten agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Sec- retary determines that such agreement will fa- cilitate full or partial collection of such liabil- ity. (b) Extent to which agreements remain in effect (1) In general Except as otherwise provided in this sub- section, any agreement entered into by the Secretary under subsection (a) shall remain in effect for the term of the agreement. (2) Inadequate information or jeopardy The Secretary may terminate any agree- ment entered into by the Secretary under sub- section (a) if— (A) information which the taxpayer pro- vided to the Secretary prior to the date such agreement was entered into was inaccurate or incomplete, or (B) the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy. (3) Subsequent change in financial conditions If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agree- ment under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement. (4) Failure to pay an installment or any other tax liability when due or to provide re- quested financial information The Secretary may alter, modify, or termi- nate an agreement entered into by the Sec- retary under subsection (a) in the case of the failure of the taxpayer— (A) to pay any installment at the time such installment payment is due under such agreement, (B) to pay any other tax liability at the time such liability is due, or (C) to provide a financial condition update as requested by the Secretary. (5) Notice requirements The Secretary may not take any action under paragraph (2), (3), or (4) unless— (A) a notice of such action is provided to the taxpayer not later than the day 30 days before the date of such action, and (B) such notice includes an explanation why the Secretary intends to take such ac- tion. The preceding sentence shall not apply in any case in which the Secretary believes that col- lection of any tax to which an agreement under this section relates is in jeopardy.