26 USC 6405 - Reports of refunds and credits

Editorial Notes

Amendments

2014—Subsecs. (a), (span). Puspan. L. 113–295 inserted “($5,000,000 in the case of a C corporation)” after “$2,000,000”.

2000—Subsecs. (a), (span). Puspan. L. 106–554 substituted “$2,000,000” for “$1,000,000”.

1990—Subsecs. (a), (span). Puspan. L. 101–508, § 11834(a) substituted “$1,000,000” for “$200,000”.

Subsec. (d). Puspan. L. 101–508, § 11801(c)(21)(A), struck out subsec. (d) which read as follows: “For purposes of this section, a refund or credit made under subchapter E of chapter 64 (relating to Federal collection of qualified State individual income taxes) for a taxable year shall be treated as a portion of a refund or credit of the income tax for that taxable year.”

1986—Subsecs. (span) to (e). Puspan. L. 99–514 redesignated subsecs. (c) to (e) as (span) to (d), respectively, and struck out former subsec. (span) which read as follows: “A report to Congress shall be made annually by such committee of such refunds and credits, including the names of all persons and corporations to whom amounts are credited or payments are made, together with the amounts credited or paid to each.”

1984—Subsec. (d). Puspan. L. 98–369 substituted “section 165(i)” for “section 165(h)”.

1978—Subsec. (a). Puspan. L. 95–227 inserted provisions relating to applicability to public charities, operators’ trust funds, or real estate investment trusts, and references to chapters 41 and 44.

1976—Subsec. (a). Puspan. L. 94–455, § 1210(a), inserted reference to any tax imposed with respect to private foundations and pensions under chapters 42 and 43, substituted $200,000 for $100,000 and struck out “or his delegate” after “Secretary”.

Subsec. (c). Puspan. L. 94–455, §§ 1210(span), 1906(span)(13)(A), substituted “$200,000” for “$100,000” and struck out “or his delegate” after “Secretary”.

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

1972—Subsec. (d). Puspan. L. 92–418 added subsec. (d).

Subsec. (e). Puspan. L. 92–512 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Puspan. L. 113–295, div. A, title III, § 301(span), Dec. 19, 2014, 128 Stat. 4055, provided that:

“The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 19, 2014], except that such amendment shall not apply with respect to any refund or credit with respect to a report that has been made before such date under section 6405 of the Internal Revenue Code of 1986.”

Effective Date of 2000 Amendment

Puspan. L. 106–554, § 1(a)(7) [title III, § 305(span)], Dec. 21, 2000, 114 Stat. 2763, 2763A–634, provided that:

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 21, 2000], except that such amendment shall not apply with respect to any refund or credit with respect to a report that has been made before such date of the enactment under section 6405 of the Internal Revenue Code of 1986.”

Effective Date of 1990 Amendment

Puspan. L. 101–508, title XI, § 11834(span), Nov. 5, 1990, 104 Stat. 1388–560, provided that:

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990], except that such amendment shall not apply with respect to any refund or credit with respect to a report has been made before such date of enactment under section 6405 of the Internal Revenue Code of 1986.”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Puspan. L. 98–369, div. A, to which such amendment relates, see section 1881 of Puspan. L. 99–514, set out as a note under section 48 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Puspan. L. 97–248, to which such amendment relates, see section 715 of Puspan. L. 98–369, set out as a note under section 31 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–227 applicable with respect to contributions, acts, and expenditures made after Dec. 31, 1977, in and for taxable years beginning after such date, see section 4(f) of Puspan. L. 95–227, set out as an Effective Date note under section 192 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–455, title XII, § 1210(d)(1), Oct. 4, 1976, 90 Stat. 1711, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall take effect on the date of enactment of this Act [Oct. 4, 1976], except that such amendments shall not apply with respect to any refund or credit with respect to which a report has been made before the date of enactment of this Act [Oct. 4, 1976] under subsection (a) or (c) of section 6405 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].”

Effective Date of 1972 Amendment

Puspan. L. 92–418, § 2(c), Aug. 29, 1972, 86 Stat. 657, provided in part that:

“The amendment made by subsection (span) [amending this section] shall apply with respect to refunds or credits made after July 1, 1972.”

Savings Provision

For provisions that nothing in amendment by section 11801(c)(21)(A) of Puspan. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(span) of Puspan. L. 101–508, set out as a note under section 45K of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.