Notes on 26 U.S.C. § 6611 : US Code - Notes

Search Notes on 26 U.S.C. § 6611 : US Code - Notes

(Aug. 16, 1954, ch. 736, 68A Stat. 819; Pub. L. 85-866, title I,
Secs. 42(b), 83(b), (c), Sept. 2, 1958, 72 Stat. 1640, 1664; Pub.
L. 87-834, Sec. 2(e)(4), Oct. 16, 1962, 76 Stat. 972; Pub. L. 88-
571, Sec. 3(e), Sept. 2, 1964, 78 Stat. 858; Pub. L. 89-721, Sec.
1(a), Nov. 2, 1966, 80 Stat. 1150; Pub. L. 90-225, Sec. 2(f), Dec.
27, 1967, 81 Stat. 732; Pub. L. 91-172, title V, Sec. 512(e)(4),
Dec. 30, 1969, 83 Stat. 641; Pub. L. 92-178, title VI, Sec.
601(d)(4), Dec. 10, 1971, 85 Stat. 559; Pub. L. 93-17, Sec.
3(i)(2), Apr. 10, 1973, 87 Stat. 19; Pub. L. 93-625, Sec.
7(a)(2)(C), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 94-455, title XIX,
Sec. 1904(b)(10)(A)(iv), 1906(b)(13)(A), title XXI, Sec.
2107(g)(2)(D), Oct. 4, 1976, 90 Stat. 1817, 1834, 1904; Pub. L. 95-
30, title II, Sec. 202(d)(4)(D), May 23, 1977, 91 Stat. 150; Pub.
L. 95-628, Sec. 8(c)(3), Nov. 10, 1978, 92 Stat. 3632; Pub. L. 96-
223, title I, Sec. 101(h), Apr. 2, 1980, 94 Stat. 254; Pub. L. 97-
248, title III, Sec. 346(a)-(c)(1), Sept. 3, 1982, 96 Stat. 636,
637; Pub. L. 98-369, div. A, title II, Sec. 211(b)(27), title VII,
Sec. 714(n)(2)(A), July 18, 1984, 98 Stat. 757, 963; Pub. L. 99-
514, title XV, Sec. 1511(c)(13), Oct. 22, 1986, 100 Stat. 2745;
Pub. L. 100-418, title I, Sec. 1941(b)(2)(L), Aug. 23, 1988, 102
Stat. 1323; Pub. L. 103-66, title XIII, Sec. 13271(a), Aug. 10,
1993, 107 Stat. 541; Pub. L. 105-34, title X, Sec. 1055(b), Aug. 5,
1997, 111 Stat. 944; Pub. L. 105-206, title VI, Sec. 6010(l), July
22, 1998, 112 Stat. 816; Pub. L. 106-554, Sec. 1(a)(7) [title III,
Sec. 319(20)], Dec. 21, 2000, 114 Stat. 2763, 2763A-647.)
AMENDMENTS
2000 - Subsec. (g)(1). Pub. L. 106-554 struck out comma after
"(b)(3)".
1998 - Subsec. (g)(1). Pub. L. 105-206 substituted "and (e)" for
"(e), and (h)".
1997 - Subsec. (f)(2), (3). Pub. L. 105-34, Sec. 1055(b)(1),
added par. (2) and redesignated former par. (2) as (3). Former par.
(3) redesignated (4).
Subsec. (f)(4). Pub. L. 105-34, Sec. 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.
Subsec. (f)(4)(B)(i)(I). Pub. L. 105-34, Sec. 1055(b)(2)(A),
substituted "paragraph (1), (2), or (3)" for "paragraph (1) or
(2)".
Subsec. (f)(4)(B)(ii)(II). Pub. L. 105-34, Sec. 1055(b)(2)(B),
added subcl. (II). Former subcl. (II) redesignated (III).
Subsec. (f)(4)(B)(ii)(III). Pub. L. 105-34, Sec. 1055(b)(2)(B),
(C), redesignated subcl. (II) as (III) and inserted "(as defined in
paragraph (3)(B))" after "case of a credit carryback".
Subsec. (f)(4)(C)(i). Pub. L. 105-34, Sec. 1055(b)(2)(A),
substituted "paragraph (1), (2), or (3)" for "paragraph (1) or
(2)".
Subsecs. (g) to (i). Pub. L. 105-34, Sec. 1055(b)(2)(D),
redesignated subsecs. (h) and (i) as (g) and (h), respectively, and
struck out former subsec. (g) which read as follows:
"(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."
1993 - Subsec. (e). 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."
1988 - Subsecs. (h) to (j). 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.
1986 - Subsec. (a). Pub. L. 99-514 substituted "the overpayment
rate established under section 6621" for "an annual rate
established under section 6621".
1984 - Subsec. (f)(3)(C). Pub. L. 98-369, Sec. 714(n)(2)(A),
added subpar. (C).
Subsec. (f)(4). Pub. L. 98-369, Sec. 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 - Subsec. (b)(3). Pub. L. 97-248, Sec. 346(a), added par.
(3).
Subsec. (f)(1). Pub. L. 97-248, Sec. 346(c)(1)(A), substituted
"the filing date for the taxable year" for "the close of the
taxable year".
Subsec. (f)(2)(A). Pub. L. 97-248, Sec. 346(c)(1)(B), substituted
"the filing date for" for "the close of" wherever appearing.
Subsec. (f)(3), (4). Pub. L. 97-248, Sec. 346(c)(1)(C), added
par. (3) and redesignated former par. (3) as (4).
Subsec. (g). Pub. L. 97-248, Sec. 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".
Subsecs. (i), (j). Pub. L. 97-248, Sec. 346(b), added subsec. (i)
and redesignated former subsec. (i) as (j).
1980 - Subsecs. (h), (i). Pub. L. 96-223 added subsec. (h) and
redesignated former subsec. (h) as (i).
1978 - Subsec. (f)(2). Pub. L. 95-628, Sec. 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).
Subsec. (f)(4), (5). Pub. L. 95-628, Sec. 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 - Subsec. (f)(5). Pub. L. 95-30 added par. (5).
1976 - Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck
out "or his delegate" after "Secretary".
Subsec. (f)(4). Pub. L. 94-455, Sec. 2107(g)(2)(D), inserted ",
an investment credit carryback," after "net operating loss
carryback".
Subsecs. (h), (i). Pub. L. 94-455, Sec. 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.
1975 - Subsec. (a). Pub. L. 93-625 substituted "an annual rate
established under section 6621" for "the rate of 6 percent per
annum".
1973 - Subsecs. (h), (i). Pub. L. 93-17 added subsec. (h) and
redesignated former subsec. (h) as (i).
1971 - Subsec. (f)(4). Pub. L. 92-178 added par. (4).
1969 - Subsec. (f)(1). Pub. L. 91-172, Sec. 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.
Subsec. (f)(2). Pub. L. 91-172, Sec. 512(e)(4)(C), substituted
"loss carryback or a capital loss carryback" for "loss carryback".
1967 - Subsec. (f)(2). 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".
1966 - Subsec. (e). 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.
1964 - Subsec. (f). Pub. L. 88-571 added par. (3) and inserted
"or adjustment for certain unused deductions" in heading.
1962 - Subsec. (f). Pub. L. 87-834 designated existing provisions
as par. (1) and added par. (2).
1958 - Subsec. (b)(1). Pub. L. 85-866, Sec. 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".
Subsec. (c). Pub. L. 85-866, Sec. 83(c), repealed subsec. (c)
which defined "additional assessment".
Subsecs. (g), (h). Pub. L. 85-866, Sec. 42(b), added subsec. (g)
and redesignated former subsec. (g) as (h).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-206 effective, except as otherwise
provided, as if included in the provisions of the Taxpayer Relief
Act of 1997, Pub. L. 105-34, to which such amendment relates, see
section 6024 of Pub. L. 105-206, set out as a note under section 1
of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-34 applicable to foreign tax credit
carrybacks arising in taxable years beginning after Aug. 5, 1997,
see section 1055(c) of Pub. L. 105-34, set out as a note under
section 6601 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 13271(b) of Pub. L. 103-66 provided that:
"(1) Paragraph (1) of section 6611(e) of the Internal Revenue
Code of 1986 (as amended by subsection (a)) shall apply in the case
of returns the due date for which (determined without regard to
extensions) is on or after January 1, 1994.
"(2) Paragraph (2) of section 6611(e) of such Code (as so
amended) shall apply in the case of claims for credit or refund of
any overpayment filed on or after January 1, 1995, regardless of
the taxable period to which such refund relates.
"(3) Paragraph (3) of section 6611(e) of such Code (as so
amended) shall apply in the case of any refund paid on or after
January 1, 1995, regardless of the taxable period to which such
refund relates."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-418 applicable to crude oil removed from
the premises on or after Aug. 23, 1988, see section 1941(c) of Pub.
L. 100-418, set out as a note under section 164 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable for purposes of
determining interest for periods after Dec. 31, 1986, see section
1511(d) of Pub. L. 99-514, set out as a note under section 47 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by section 211(b)(27) of Pub. L. 98-369 applicable to
taxable years beginning after Dec. 31, 1983, see section 215 of
Pub. L. 98-369, set out as an Effective Date note under section 801
of this title.
Amendment by section 714(n)(2)(A) of Pub. L. 98-369 effective as
if included in the provision of the Tax Equity and Fiscal
Responsibility Act of 1982, Pub. L. 97-248, to which such amendment
relates, see section 715 of Pub. L. 98-369, set out as a note under
section 31 of this title.
Section 1875(d)(3) of Pub. L. 99-514 provided that:
"Notwithstanding section 715 of the Tax Reform Act of 1984 [Pub. L.
98-369], the amendments made by section 714(n)(2) of such Act
[amending this section and section 6411 of this title] shall apply
only to applications filed after July 18, 1984."
EFFECTIVE DATE OF 1982 AMENDMENT
Section 346(d) of Pub. L. 97-248 provided that:
"(1) In general. - The amendments made by subsections (a) and (b)
[amending this section] shall apply to returns filed after the 30th
day after the date of the enactment of this Act [Sept. 3, 1982].
"(2) Subsection (c). - The amendments made by subsection (c)
[amending this section and section 6601 of this title] shall apply
to interest accruing after the 30th day after the date of the
enactment of this Act [Sept. 3, 1982]."
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,
1980, see section 101(i) of Pub. L. 96-223, set out as a note under
section 6161 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-628 applicable to carrybacks arising in
taxable years beginning after Nov. 10, 1978, see section 8(d) of
Pub. L. 95-628, set out as a note under section 6511 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-30 applicable to taxable years beginning
after Dec. 31, 1976, and to credit carrybacks from such years, see
section 202(e) of Pub. L. 95-30, set out as an Effective Date note
under section 51 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 93-625 effective July 1, 1975, and
applicable to amounts outstanding on such date or arising
thereafter, see section 7(e) of Pub. L. 93-625, set out as an
Effective Date note under section 6621 of this title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-178 applicable to taxable years beginning
after Dec. 31, 1971, see section 601(f) of Pub. L. 92-178, set out
as a note under section 381 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91-172 applicable with respect to net
capital losses sustained in taxable years beginning after Dec. 31,
1969, see section 512(g) of Pub. L. 91-172, set out as a note under
section 1212 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-225 applicable with respect to investment
credit carrybacks attributable to net operating loss carrybacks
from taxable years ending after July 31, 1967, see section 2(g) of
Pub. L. 90-225, set out as a note under section 46 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Section 1(b) of Pub. L. 89-721 provided that: "The amendment made
by subsection (a) [amending this section] shall apply with respect
to refunds made more than 45 days after the date of the enactment
of this Act [Nov. 2, 1966]."
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-571 effective, with respect to amounts
added to policyholders surplus accounts, for taxable years
beginning after Dec. 31, 1958, see section 3(f) of Pub. L. 88-571,
set out as a note under section 815 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-834 applicable with respect to taxable
years ending after Dec. 31, 1961, see section 2(h) of Pub. L. 87-
834, set out as an Effective Date note under section 46 of this
title.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by section 42(b) of Pub. L. 85-866 applicable only with
respect to taxable years beginning after Dec. 31, 1957, see section
42(c) of Pub. L. 85-866, set out as a note under section 904 of
this title.
Amendment by section 83(b), (c) of Pub. L. 85-866 applicable only
in respect of overpayments credited after Dec. 31, 1957, see
section 83(d) of Pub. L. 85-866, set out as a note under section
6601 of this title.
NO INTEREST ON INDIVIDUAL INCOME TAX REFUNDS FOR 1974 REFUNDED
WITHIN 60 DAYS AFTER RETURN IS FILED
Pub. L. 94-12, title I, Sec. 101(b), Mar. 29, 1975, 89 Stat. 28,
as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, provided that: "In applying section 6611(e) of the Internal
Revenue Code of 1986 [formerly I.R.C. 1954] (relating to income tax
refund within 45 days after return is filed) in the case of any
overpayment of tax imposed by subtitle A of such Code by an
individual (other than an estate or trust and other than a
nonresident alien individual) for a taxable year beginning in 1974,
'60 days' shall be substituted for '45 days' each place it appears
in such section 6611(e)."