# Pub. L. 114-74: changes to the Internal Revenue Code

2015-11-02, 129 Stat. 593. Source: <https://www.govinfo.gov/link/plaw/114/public/74>.

## Legislative history

- Bill: [H.R. 1314](https://www.congress.gov/bill/114th-congress/house-bill/1314)
- House report: [H. Rept. 114-67](https://www.govinfo.gov/content/pkg/CRPT-114hrpt67/html/CRPT-114hrpt67.htm)
- Bluebook: [JCT general explanation (2016)](https://www.govinfo.gov/app/details/CPRT-114JPRT98305)

## § 430: Minimum funding standards for single-employer defined benefit pension plans

- § 430(h)(2)(C)(iv)(II): Pub. L. 114–74 amended table generally. Prior to amendment, table related to applicable minimum and maximum percentages for calendar years 2012 to 2020 and after.

## § 704: Partner’s distributive share

- § 704(e): Pub. L. 114–74 substituted “Partnership interests created by gift” for “Family partnerships” in heading, redesignated pars. (2) and (3) as (1) and (2), respectively, substituted “this subsection” for “this section” in par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “A person shall be recognized as a partner for purposes of this subtitle if he owns a capital interest in a partnership in which capital is a material income-producing factor, whether or not such interest was derived by purchase or gift from any other person.”

## § 761: Terms defined

- § 761(b): Pub. L. 114–74 inserted at end “In the case of a capital interest in a partnership in which capital is a material income-producing factor, whether a person is a partner with respect to such interest shall be determined without regard to whether such interest was derived by gift from any other person.”

## § 6031: Return of partnership income

- § 6031(b): Pub. L. 114–74, § 1101(e), (f)(1), which directed amendment of subsec. (b) by first inserting at end “Except as provided in the procedures under section 6225(c), with respect to statements under section 6226, or as otherwise provided by the Secretary, information required to be furnished by the partnership under this subsection may not be amended after the due date of the return under subsection (a) to which such information relates.” and then by striking the last sentence, was not executed in view of the amendment by Pub. L. 114–113, which made identical amendments but in the reverse order, effective as if included in section 1101 of Pub. L. 114–74. See note above.

## § 6221: Determination at partnership level

- Enacted 26 U.S.C. § 6221.

## § 6222: Partner’s return must be consistent with partnership return

- Enacted 26 U.S.C. § 6222.

## § 6223: Partners bound by actions of partnership

- Enacted 26 U.S.C. § 6223.

## § 6225: Partnership adjustment by Secretary

- Enacted 26 U.S.C. § 6225.

## § 6226: Alternative to payment of imputed underpayment by partnership

- Enacted 26 U.S.C. § 6226.

## § 6227: Administrative adjustment request by partnership

- Enacted 26 U.S.C. § 6227.

## § 6231: Notice of proceedings and adjustment

- Enacted 26 U.S.C. § 6231.

## § 6232: Assessment, collection, and payment

- Enacted 26 U.S.C. § 6232.

## § 6233: Interest and penalties

- Enacted 26 U.S.C. § 6233.

## § 6234: Judicial review of partnership adjustment

- Enacted 26 U.S.C. § 6234.

## § 6235: Period of limitations on making adjustments

- Enacted 26 U.S.C. § 6235.

## § 6241: Definitions and special rules

- Enacted 26 U.S.C. § 6241.

## § 6330: Notice and opportunity for hearing before levy

- § 6330(c)(4)(C): Pub. L. 114–74 added subpar. (C).

## § 6422: Cross references

- § 6422: Pub. L. 114–74 struck out par. (12) which read as follows: “For special rules in the case of a credit or refund attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230.”

## § 6501: Limitations on assessment and collection

- § 6501(n): Pub. L. 114–74 substituted “Cross reference” for “Cross references” in heading, struck out par. (1) designation before “For period of limitations”, and struck out pars. (2) and (3) which read as follows:

## § 6503: Suspension of running of period of limitation

- § 6503(a)(1): Pub. L. 114–74 struck out “(or section 6229, but only with respect to a deficiency described in paragraph (2)(A) or (3) of section 6230(a))” after “section 6501 or 6502”.

## § 6504: Cross references

- § 6504: Pub. L. 114–74 struck out par. (11) which read as follows: “Assessments of tax attributable to partnership items, see section 6229.”

## § 6511: Limitations on credit or refund

- § 6511(g): Pub. L. 114–74 struck out subsec. (g). Text read as follows: “In the case of any tax imposed by subtitle A with respect to any person which is attributable to any partnership item (as defined in section 6231(a)(3)), the provisions of section 6227 and subsections (c) and (d) of section 6230 shall apply in lieu of the provisions of this subchapter.”

## § 6512: Limitations in case of petition to Tax Court

- § 6512(b)(3): Pub. L. 114–74 struck out first set of concluding provisions “In the case of a credit or refund relating to an affected item (within the meaning of section 6231(a)(5)), the preceding sentence shall be applied by substituting the periods under sections 6229 and 6230(d) for the periods under section 6511(b)(2), (c), and (d).” before “In a case described in subparagraph (B)”.

## § 6515: Cross references

- § 6515: Pub. L. 114–74 struck out par. (6) which read as follows: “Refunds or credits attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230.”

## § 6601: Interest on underpayment, nonpayment, or extensions of time for payment, of tax

- § 6601(c): Pub. L. 114–74 struck out at end “In the case of a settlement under section 6224(c) which results in the conversion of partnership items to nonpartnership items pursuant to section 6231(b)(1)(C), the preceding sentence shall apply to a computational adjustment resulting from such settlement in the same manner as if such adjustment were a deficiency and such settlement were a waiver referred to in the preceding sentence.”

## § 7421: Prohibition of suits to restrain assessment or collection

- § 7421(a): Pub. L. 114–74 substituted “6232(c)” for “6225(b), 6246(b)”.

## § 7422: Civil actions for refund

- § 7422(h): Pub. L. 114–74 struck out subsec. (h). Text read as follows: “No action may be brought for a refund attributable to partnership items (as defined in section 6231(a)(3)) except as provided in section 6228(b) or section 6230(c).”

## § 7459: Reports and decisions

- § 7459(c): Pub. L. 114–74 substituted “section 6234” for “section 6226, 6228(a), 6247, or 6252”.

## § 7482: Courts of review

- § 7482(b)(1): Pub. L. 114–74, § 1101(f)(13)(C), substituted “section 6234” for “section 6226, 6228(a), or 6234(c)” in concluding provisions.
- § 7482(b)(1)(E): Pub. L. 114–74, § 1101(f)(13)(A), which directed amendment of subpar. (E) by substituting “section 6234” for “section 6226, 6228, 6247, or 6252”, was executed by making the substitution for “section 6226, 6228(a), 6247, or 6252” to reflect the probable intent of Congress.
- § 7482(b)(1)(F): Pub. L. 114–74, § 1101(f)(13)(B), struck out subpar. (F) which read as follows: “in the case of a petition under section 6234(c)—

## § 7485: Bond to stay assessment and collection

- § 7485(b): Pub. L. 114–74 substituted “section 6234” for “section 6226, 6228(a), 6247, or 6252”.
