26 USC 6161 - Extension of time for paying tax

Editorial Notes

Amendments

2002—Subsec. (d)(3). Puspan. L. 107–134 added par. (3).

1988—Subsec. (span)(1). Puspan. L. 100–418 substituted “or 44” for “44, or 45” in two places.

1981—Subsec. (a)(2)(B). Puspan. L. 97–34 struck out reference to section 6166A.

1980—Subsec. (span)(1). Puspan. L. 96–223 inserted references to chapter 45.

Subsec. (c). Puspan. L. 96–589 substituted “Claims in cases under title 11 of the United States Code or in receivership proceedings” for “Claims in bankruptcy or receivership proceedings” in span, and substituted reference to cases under title 11 of the United States Code, for reference to bankruptcy proceedings in text.

1976—Subsec. (a)(1). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (a)(2). Puspan. L. 94–455, § 2004(c)(1), struck out in subpar. (A) “that the payment, on the due date, of” before “any part of the amount”, in subpar. (B) provisions relating to payment, on the date fixed for payment of any installment, and subpar. (C) which related to payment upon notice and demand of a deficiency prorated under the provisions of section 6161, inserted in subpar. (B) “or 6166A” after “section 6166”, substituted in subpar. (B) “under such section” for “the date for payment for which had not arrived”, and inserted in text following subpar. (B) provisions relating to extension of time for payment in the case of an amount referred to in subpar. (B).

Subsec. (span). Puspan. L. 94–455, §§ 1307(d)(2)(C), 1605(span)(3), 2004(c)(2), among other changes, inserted reference to chapter 41, effective on or after Oct. 4, 1976, and reference to chapter 44, applicable to taxable years of real estate investment trusts beginning after Oct. 4, 1976, and struck out provisions relating to grant of extensions with respect to hardships to taxpayers, applicable to the estates of decedents dying after Dec. 31, 1976.

Subsec. (d)(2). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

1974—Subsec. (span). Puspan. L. 93–406 inserted references to chapter 43.

1970—Subsec. (a)(1). Puspan. L. 91–614 substituted “6 months (12 months in the case of estate tax)” for “6 months”.

1969—Subsec. (span). Puspan. L. 91–172 inserted references to chapter 42.

1958—Subsec. (a)(2). Puspan. L. 85–866 inserted provisions allowing Secretary or his delegate to extend time for payment for reasonable period, not exceeding 10 years from date prescribed by section 6151(a), if he finds that payment on date fixed for payment of any installment under section 6166, or any part of such installment, or payment of any part of a deficiency prorated under section 6166 to installments the date for payment of which had arrived would result in undue hardship.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–134 applicable to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Benefit Guaranty Corporation occurring on or after Jan. 23, 2002, see section 112(f) of Puspan. L. 107–134, set out as a note under section 6081 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–418 applicable to crude oil removed from the premises on or after Aug. 23, 1988, see section 1941(c) of Puspan. L. 100–418, set out as a note under section 164 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–34 applicable to estates of decedents dying after Dec. 31, 1981, see section 422(f)(1) of Puspan. L. 97–34, set out as a note under section 6166 of this title.

Effective Date of 1980 Amendments

Amendment by Puspan. L. 96–589 effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of Puspan. L. 96–589, set out as a note under section 108 of this title.

Puspan. L. 96–223, title I, § 101(i), Apr. 2, 1980, 94 Stat. 254, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(1)In general.—The amendments made by this section [enacting sections 4986 to 4998, 6050C, 6076, and 7241 of this title and amending this section and sections 164, 6211, 6212, 6213, 6214, 6302, 6344, 6501, 6511, 6512, 6601, 6611, 6652, 6653, 6862, 7422, and 7512 of this title] shall apply to periods after February 29, 1980.

“(2)Transitional rules.—For the period ending June 30, 1980, the Secretary of the Treasury or his delegate shall prescribe rules relating to the administration of chapter 45 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 45 of such Code (or in so much of subtitle F of such Code [section 6001 et seq. of this title] as relates to such chapter 45).”

Effective Date of 1976 Amendment

Amendment by section 1307(d)(2)(C) of Puspan. L. 94–455 effective on and after Oct. 4, 1976, see section 1307(e)(6) of Puspan. L. 94–455, set out as a note under section 501 of this title.

For effective date of amendment by section 1605(span)(3) of Puspan. L. 94–455, see section 1608(d) of Puspan. L. 94–455, set out as a note under section 856 of this title.

Amendment by section 2004(c)(1), (2) of Puspan. L. 94–455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2004(g) of Puspan. L. 94–455, set out as an Effective Date note under section 6166 of this title.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–406 applicable, except as otherwise provided in section 1017(c) through (i) of Puspan. L. 93–406, for plan years beginning after Sept. 2, 1974, but, in the case of plans in existence on Jan. 1, 1974, amendment by Puspan. L. 93–406 applicable for plan years beginning after Dec. 31, 1975, see section 1017 of Puspan. L. 93–406, set out as an Effective Date; Transitional Rules note under section 410 of this title.

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–614 applicable with respect to decedents dying after Dec. 31, 1970, see section 101(j) of Puspan. L. 91–614, set out as a note under section 2032 of this title.

Effective Date of 1969 Amendment

Amendment by Puspan. L. 91–172 effective Jan. 1, 1970, see section 101(k)(1) of Puspan. L. 91–172, set out as an Effective Date note under section 4940 of this title.

Effective Date of 1958 Amendment

Puspan. L. 85–866, title II, § 206(f), Sept. 2, 1958, 72 Stat. 1685, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “The amendments made by this section [enacting section 6166 of this title and amending this section and sections 6503 and 6601 of this title] shall apply to estates of decedents with respect to which the date for the filing of the estate tax return (including extensions thereof) prescribed by section 6075(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] is after the date of the enactment of this Act [Sept. 2, 1958]; except that (1) section 6166(i) of such Code as added by this section shall apply to estates of decedents dying after August 16, 1954, but only if the date for the filing of the estate tax return (including extensions thereof) expired on or before the date of the enactment of this Act [Sept. 2, 1958], and (2) notwithstanding section 6166(a) of such Code, if an election under such section is required to be made before the sixtieth day after the date of the enactment of this Act [Sept. 2, 1958] such an election shall be considered timely if made on or before such sixtieth day.”