Amended 1978, 1980
- 1980 Pub. L. 96-223 Pub. L. 96–223 struck out subsec. (d) which made a cross reference to section 46(a)(9)(C) for a rule allowing a refund for excess investment credit attributable to solar or wind energy property.
- 1980 Pub. L. 96-222 Pub. L. 96–222 substituted “46(a)(9)(C)” for “46(a)(10)(C)”.
- 1978 Pub. L. 95-618 Pub. L. 95–618 added subsec. (d).
Cases: Sorenson v. Secretary of the Treasury, 475 U.S. 851 (1986); Estate of Michael v. Lullo, 173 F.3d 503 (4th Cir. 1999); Ewing v. United States, 914 F.2d 499 (4th Cir. 1990)
(a) Assessment and collection after limitation period. The term “overpayment” includes that part of the amount of the payment of any internal revenue tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto.
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(b) Excessive credits
Amended 1965, 1969, 1970, 1975, 1976, 1978, 1982, 1983, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 474(r)(36), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If the amount allowable as credits under sections 31 (relating to tax withheld on wages) and 39 (relating to certain uses of gasoline and special fuels), and 43 (relating to earned income credit), exceeds the tax imposed by subtitle A (reduced by the credits allowable under subpart A of part IV of subchapter A of chapter 1, other than the credits allowable under sections 31, 39, and 43), the amount of such excess shall be considered an overpayment. For purposes of the preceding sentence, any credit allowed under paragraph (1) of section 32 (relating to withholding of tax on nonresident aliens and on foreign corporations) to a nonresident alien individual for a taxable year with respect to which an election under section 6013(g) or (h) is in effect shall be treated as an amount allowable as a credit under section 31.”
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(16), substituted “and special fuels” for “, special fuels, and lubricating oil”.
- 1983 Pub. L. 98-67 Pub. L. 98–67 repealed amendments made by Pub. L. 97–248. See 1982 Amendment note below.
- 1982 Pub. L. 97-248 Pub. L. 97–248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, subsec. (b) is amended by inserting “, interest, dividends, and patronage dividends” after “tax withheld on wages”. Section 102(a), (b) of Pub. L. 98–67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301–308) of title III of Pub. L. 97–247 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
- 1978 Pub. L. 95-600 Pub. L. 95–600 inserted provisions relating to credit to a nonresident alien individual.
- 1976 Pub. L. 94-455 Pub. L. 94–455 substituted “wages) and” and “lubricating oil), and” for “wages),” and “lubricating oil),”, respectively; and pars. (2) and (3) made identical change: striking out “and 667(b) (relating to taxes paid by certain trusts)” after “(relating to earned income credit)”.
- 1975 Pub. L. 94-12 Pub. L. 94–12 inserted “43 (relating to earned income credit),” before “and 667(b)” and substituted “, 39, and 43” for “and 39”.
- 1970 Pub. L. 91-258 Pub. L. 91–258 inserted reference to credits under section 39 relating to certain uses of special fuels.
- 1969 Pub. L. 91-172 Pub. L. 91–172 struck out “under sections 31 and 39” after “Excessive credits” in heading and inserted in text reference to section 667(b) (relating to taxes paid by certain trusts).
- 1965 Pub. L. 89-44 Pub. L. 89–44 substituted “Excessive credits under sections 31 and 39” for “Excessive withholding” in heading and expanded text to include credits under section 39.
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(1) In general If the amount allowable as credits under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) exceeds the tax imposed by subtitle A (reduced by the credits allowable under subparts A, B, D, and G of such part IV), the amount of such excess shall be considered an overpayment.
Amended 1998, 2005, 2008, 2009, 2017
- 2017 Pub. L. 115-97 Pub. L. 115–97 substituted “and G” for “G, H, I, and J”.
- 2009 Pub. L. 111-5 Pub. L. 111–5 substituted “I, and J” for “and I”.
- 2008 Pub. L. 110-246 Pub. L. 110–246, § 15316(c)(3), substituted “H, and I” for “and H”.
- 2005 Pub. L. 109-58 Pub. L. 109–58 substituted “G, and H” for “and G”.
- 1998 Pub. L. 105-206 Pub. L. 105–206 substituted “D, and G” for “and D”.
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(2) Special rule for credit under section 33 For purposes of paragraph (1), any credit allowed under section 33 (relating to withholding of tax on nonresident aliens and on foreign corporations) for any taxable year shall be treated as a credit allowable under subpart C of part IV of subchapter A of chapter 1 only if an election under subsection (g) or (h) of section 6013 is in effect for such taxable year. The preceding sentence shall not apply to any credit so allowed by reason of section 1446.
Amended 1986, 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647 amended last sentence generally, substituting “credit so allowed by reason of section 1446” for “amount deducted and withheld under section 1446”.
- 1986 Pub. L. 99-514 Pub. L. 99–514 inserted last sentence.
(c) Rule where no tax liability An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.