Amended 1973, 1976, 1980, 1982, 1988, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(D), redesignated subsecs. (h) and (i) as (g) and (h), respectively, and struck out former subsec. (g) which read as follows:
- 1997 “(g) Refund of Income Tax Caused by Carryback of Foreign Taxes.—For purposes of subsection (a), if any overpayment of tax results from a carryback of tax paid or accrued to foreign countries or possessions of the United States, such overpayment shall be deemed not to have been paid or accrued prior to the filing date (as defined in subsection (f)(3)) for the taxable year under this subtitle in which such taxes were in fact paid or accrued.”
- 1988 Pub. L. 100-418 Pub. L. 100–418 redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h) which related to special rule for windfall profit tax.
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(b), added subsec. (i) and redesignated former subsec. (i) as (j).
- 1980 Pub. L. 96-223 Pub. L. 96–223 added subsec. (h) and redesignated former subsec. (h) as (i).
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1904(b)(10)(A)(iv), redesignated subsec. (i) as (h). Former subsec. (h), which related to a refund within 45 days after filing claim for refund of interest equalization tax paid on securities sold to foreigners, was struck out.
- 1973 Pub. L. 93-17 Pub. L. 93–17 added subsec. (h) and redesignated former subsec. (h) as (i).
Cases: Dudley J. Godfrey, Jr. And Constance P. Godfrey v. United States, 997 F.2d 335 (7th Cir. 1993); Hotel Equities Corporation v. Commissioner, 546 F.2d 725 (7th Cir. 1976); Marsh & McLennan Companies, Inc. And Subsidiaries v. United States, 302 F.3d 1369 (Fed. Cir. 2002)
(a) Rate Interest shall be allowed and paid upon any overpayment in respect of any internal revenue tax at the overpayment rate established under section 6621.
Amended 1975, 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514 substituted “the overpayment rate established under section 6621” for “an annual rate established under section 6621”.
- 1975 Pub. L. 93-625 Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”.
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(b) Period Such interest shall be allowed and paid as follows:
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
(1) Credits In the case of a credit, from the date of the overpayment to the due date of the amount against which the credit is taken.
Amended 1958
- 1958 Pub. L. 85-866 Pub. L. 85–866, § 83(b), struck out “, but if the amount against which the credit is taken is an additional assessment, then to the date of the assessment of that amount” after “taken”.
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(2) Refunds In the case of a refund, from the date of the overpayment to a date (to be determined by the Secretary) preceding the date of the refund check by not more than 30 days, whether or not such refund check is accepted by the taxpayer after tender of such check to the taxpayer. The acceptance of such check shall be without prejudice to any right of the taxpayer to claim any additional overpayment and interest thereon.
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(3) Late returns Notwithstanding paragraph (1) or (2) in the case of a return of tax which is filed after the last date prescribed for filing such return (determined with regard to extensions), no interest shall be allowed or paid for any day before the date on which the return is filed.
Amended 1982
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(a), added par. (3).
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[(c) Repealed. Pub. L. 85–866, title I, § 83(c), Sept. 2, 1958, 72 Stat. 1664]
Amended 1958
- 1958 Pub. L. 85-866 Pub. L. 85–866, § 83(c), repealed subsec. (c) which defined “additional assessment”.
(d) Advance payment of tax, payment of estimated tax, and credit for income tax withholding The provisions of section 6513 (except the provisions of subsection (c) thereof, applicable in determining the date of payment of tax for purposes of determining the period of limitation on credit or refund, shall be applicable in determining the date of payment for purposes of subsection (a).
(e) Disallowance of interest on certain overpayments
Amended 1966, 1993
- 1993 Pub. L. 103-66 Pub. L. 103–66 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “If any overpayment of tax imposed by subtitle A is refunded within 45 days after the last date prescribed for filing the return of such tax (determined without regard to any extension of time for filing the return) or, in case the return is filed after such last date, is refunded within 45 days after the date the return is filed, no interest shall be allowed under subsection (a) on such overpayment.”
- 1966 Pub. L. 89-721 Pub. L. 89–721 inserted “or, in case the return is filed after such last date, is refunded within 45 days after the date the return is filed” after “(determined without regard to any extension of time for filing the return)” and changed heading to reflect amendment.
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(1) Refunds within 45 days after return is filed If any overpayment of tax imposed by this title is refunded within 45 days after the last day prescribed for filing the return of such tax (determined without regard to any extension of time for filing the return) or, in the case of a return filed after such last date, is refunded within 45 days after the date the return is filed, no interest shall be allowed under subsection (a) on such overpayment.
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(2) Refunds after claim for credit or refund If—
(A) the taxpayer files a claim for a credit or refund for any overpayment of tax imposed by this title, and
(B) such overpayment is refunded within 45 days after such claim is filed,
no interest shall be allowed on such overpayment from the date the claim is filed until the day the refund is made.
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(3) IRS initiated adjustments If an adjustment initiated by the Secretary, results in a refund or credit of an overpayment, interest on such overpayment shall be computed by subtracting 45 days from the number of days interest would otherwise be allowed with respect to such overpayment.
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(4) Certain withholding taxes In the case of any overpayment resulting from tax deducted and withheld under chapter 3 or 4, paragraphs (1), (2), and (3) shall be applied by substituting “180 days” for “45 days” each place it appears.
Amended 2010
- 2010 Pub. L. 111-147 Pub. L. 111–147 added par. (4).
(f) Refund of income tax caused by carryback or adjustment for certain unused deductions
Amended 1962, 1964, 1977, 1978
- 1978 Pub. L. 95-628 Pub. L. 95–628, § 8(c)(3)(B), struck out pars. (4) and (5) which provided for work incentive program credit carrybacks and new employee credit carrybacks, respectively.
- 1977 Pub. L. 95-30 Pub. L. 95–30 added par. (5).
- 1964 Pub. L. 88-571 Pub. L. 88–571 added par. (3) and inserted “or adjustment for certain unused deductions” in heading.
- 1962 Pub. L. 87-834 Pub. L. 87–834 designated existing provisions as par. (1) and added par. (2).
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(1) Net operating loss or capital loss carryback For purposes of subsection (a), if any overpayment of tax imposed by subtitle A results from a carryback of a net operating loss or net capital loss, such overpayment shall be deemed not to have been made prior to the filing date for the taxable year in which such net operating loss or net capital loss arises.
Amended 1969, 1982
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(c)(1)(A), substituted “the filing date for the taxable year” for “the close of the taxable year”.
- 1969 Pub. L. 91-172 Pub. L. 91–172, § 512(e)(4)(A), (B), substituted “loss or capital loss carryback” for “loss carryback” in heading, and “net operating loss or net capital loss” for “net operating loss” wherever appearing in text.
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(2) Foreign tax credit carrybacks For purposes of subsection (a), if any overpayment of tax imposed by subtitle A results from a carryback of tax paid or accrued to foreign countries or possessions of the United States, such overpayment shall be deemed not to have been made before the filing date for the taxable year in which such taxes were in fact paid or accrued, or, with respect to any portion of such credit carryback from a taxable year attributable to a net operating loss carryback or a capital loss carryback from a subsequent taxable year, such overpayment shall be deemed not to have been made before the filing date for such subsequent taxable year.
Amended 1967, 1969, 1978, 1982, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(1), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(c)(1)(B), substituted “the filing date for” for “the close of” wherever appearing.
- 1978 Pub. L. 95-628 Pub. L. 95–628, § 8(c)(3)(A), substituted in heading “Certain credit carrybacks” for “Investment credit carryback”, designated existing provision as subpar. (A), and in subpar. (A) as so designated inserted heading “In general” and extended the application of provision to credit carrybacks, previously limited to investment credit carrybacks, included other credit carrybacks, and added subpar. (B).
- 1969 Pub. L. 91-172 Pub. L. 91–172, § 512(e)(4)(C), substituted “loss carryback or a capital loss carryback” for “loss carryback”.
- 1967 Pub. L. 90-225 Pub. L. 90–225 inserted “, or, with respect to any portion of an investment credit carryback from a taxable year attributable to a net operating loss carryback from a subsequent taxable year, such overpayment shall be deemed not to have been made prior to the close of such subsequent taxable year” after “such investment credit carryback arises”.
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(3) Certain credit carrybacks
Amended 1982, 1984, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(1), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 714(n)(2)(A), added subpar. (C).
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(c)(1)(C), added par. (3) and redesignated former par. (3) as (4).
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(A) In general For purposes of subsection (a), if any overpayment of tax imposed by subtitle A results from a credit carryback, such overpayment shall be deemed not to have been made before the filing date for the taxable year in which such credit carryback arises, or, with respect to any portion of a credit carryback from a taxable year attributable to a net operating loss carryback, capital loss carryback, or other credit carryback from a subsequent taxable year, such overpayment shall be deemed not to have been made before the filing date for such subsequent taxable year.
(B) Credit carryback defined For purposes of this paragraph, the term “credit carryback” has the meaning given such term by section 6511(d)(4)(C).
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(4) Special rules for paragraphs (1), (2), and (3)
Amended 1971, 1976, 1978, 1982, 1984, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(1), (2)(A)(i), redesignated par. (3) as (4) and substituted “paragraphs (1), (2), and (3)” for “paragraphs (1) and (2)” in heading.
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 211(b)(27), struck out par. (4) which provided that for purposes of subsection (a), if any overpayment of tax imposed by subtitle A arose by operation of section 815(d)(5) (relating to reduction of policyholders surplus account of life insurance companies for certain unused deductions), such overpayment would be deemed not to have been made prior to the close of the last taxable year to which the loss described in section 815(d)(5)(A) was carried under section 812(b)(2).
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(c)(1)(C), added par. (3) and redesignated former par. (3) as (4).
- 1978 Pub. L. 95-628 Pub. L. 95–628, § 8(c)(3)(B), struck out pars. (4) and (5) which provided for work incentive program credit carrybacks and new employee credit carrybacks, respectively.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 2107(g)(2)(D), inserted “, an investment credit carryback,” after “net operating loss carryback”.
- 1971 Pub. L. 92-178 Pub. L. 92–178 added par. (4).
(A) Filing date For purposes of this subsection, the term “filing date” means the last date prescribed for filing the return of tax imposed by subtitle A for the taxable year (determined without regard to extensions).
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(B) Coordination with subsection (e)
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(i) In general For purposes of subsection (e)—
(I) any overpayment described in paragraph (1), (2), or (3) shall be treated as an overpayment for the loss year,
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(A), substituted “paragraph (1), (2), or (3)” for “paragraph (1) or (2)”.
(ii) Loss year For purposes of this subparagraph, the term “loss year” means—
(I) in the case of a carryback of a net operating loss or net capital loss, the taxable year in which such loss arises,
(II) in the case of a carryback of taxes paid or accrued to foreign countries or possessions of the United States, the taxable year in which such taxes were in fact paid or accrued (or, with respect to any portion of such carryback from a taxable year attributable to a net operating loss carryback or a capital loss carryback from a subsequent taxable year, such subsequent taxable year), and
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(B), added subcl. (II). Former subcl. (II) redesignated (III).
(III) in the case of a credit carryback (as defined in paragraph (3)(B)), the taxable year in which such credit carryback arises (or, with respect to any portion of a credit carryback from a taxable year attributable to a net operating loss carryback, a capital loss carryback, or other credit carryback from a subsequent taxable year, such subsequent taxable year).
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(B), (C), redesignated subcl. (II) as (III) and inserted “(as defined in paragraph (3)(B))” after “case of a credit carryback”.
(C) Application of subparagraph (B) where section 6411(a) claim filed For purposes of subparagraph (B)(i)(II), if a taxpayer—
(i) files a claim for refund of any overpayment described in paragraph (1), (2), or (3) with respect to the taxable year to which a loss or credit is carried back, and
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(A), substituted “paragraph (1), (2), or (3)” for “paragraph (1) or (2)”.
(ii) subsequently files an application under section 6411(a) with respect to such overpayment,
then the claim for overpayment shall be treated as having been filed on the date the application under section 6411(a) was filed.
(g) No interest until return in processible form
Amended 1958, 1982, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(D), redesignated subsecs. (h) and (i) as (g) and (h), respectively, and struck out former subsec. (g) which read as follows:
- 1997 “(g) Refund of Income Tax Caused by Carryback of Foreign Taxes.—For purposes of subsection (a), if any overpayment of tax results from a carryback of tax paid or accrued to foreign countries or possessions of the United States, such overpayment shall be deemed not to have been paid or accrued prior to the filing date (as defined in subsection (f)(3)) for the taxable year under this subtitle in which such taxes were in fact paid or accrued.”
- 1982 Pub. L. 97-248 Pub. L. 97–248, § 346(c)(1)(D), substituted “the filing date (as defined in subsection (f)(3)) for the taxable year” for “the close of the taxable year”.
- 1958 Pub. L. 85-866 Pub. L. 85–866, § 42(b), added subsec. (g) and redesignated former subsec. (g) as (h).
(1) For purposes of subsections (b)(3) and (e), a return shall not be treated as filed until it is filed in processible form.
Amended 1998, 2000
- 2000 Pub. L. 106-554 Pub. L. 106–554 struck out comma after “(b)(3)”.
- 1998 Pub. L. 105-206 Pub. L. 105–206 substituted “and (e)” for “(e), and (h)”.
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(2) For purposes of paragraph (1), a return is in a processible form if—
(A) such return is filed on a permitted form, and
(h) Prohibition of administrative review For prohibition of administrative review, see section 6406.
Amended 1958, 1973, 1976, 1980, 1988, 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1055(b)(2)(D), redesignated subsecs. (h) and (i) as (g) and (h), respectively, and struck out former subsec. (g) which read as follows:
- 1997 “(g) Refund of Income Tax Caused by Carryback of Foreign Taxes.—For purposes of subsection (a), if any overpayment of tax results from a carryback of tax paid or accrued to foreign countries or possessions of the United States, such overpayment shall be deemed not to have been paid or accrued prior to the filing date (as defined in subsection (f)(3)) for the taxable year under this subtitle in which such taxes were in fact paid or accrued.”
- 1988 Pub. L. 100-418 Pub. L. 100–418 redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h) which related to special rule for windfall profit tax.
- 1980 Pub. L. 96-223 Pub. L. 96–223 added subsec. (h) and redesignated former subsec. (h) as (i).
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1904(b)(10)(A)(iv), redesignated subsec. (i) as (h). Former subsec. (h), which related to a refund within 45 days after filing claim for refund of interest equalization tax paid on securities sold to foreigners, was struck out.
- 1973 Pub. L. 93-17 Pub. L. 93–17 added subsec. (h) and redesignated former subsec. (h) as (i).
- 1958 Pub. L. 85-866 Pub. L. 85–866, § 42(b), added subsec. (g) and redesignated former subsec. (g) as (h).