CHAPTER 62 —TIME AND PLACE FOR PAYING TAX
1 Section numbers editorially supplied.
Subchapter A—Place and Due Date for Payment of Tax
Editorial Notes
Amendments
2004—
1990—
1988—
1987—
1986—
1984—
1982—
1976—
1970—
1969—
1961—
§6151. Time and place for paying tax shown on returns
(a) General rule
Except as otherwise provided in this subchapter, when a return of tax is required under this title or regulations, the person required to make such return shall, without assessment or notice and demand from the Secretary, pay such tax to the internal revenue officer with whom the return is filed, and shall pay such tax at the time and place fixed for filing the return (determined without regard to any extension of time for filing the return).
(b) Exceptions
(1) Income tax not computed by taxpayer
If the taxpayer elects under section 6014 not to show the tax on the return, the amount determined by the Secretary as payable shall be paid within 30 days after the mailing by the Secretary to the taxpayer of a notice stating such amount and making demand therefor.
(2) Use of government depositaries
For authority of the Secretary to require payments to Government depositaries, see section 6302(c).
(c) Date fixed for payment of tax
In any case in which a tax is required to be paid on or before a certain date, or within a certain period, any reference in this title to the date fixed for payment of such tax shall be deemed a reference to the last day fixed for such payment (determined without regard to any extension of time for paying the tax).
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1976—
Subsec. (a).
1966—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) the date on which application for refund or credit of such overpayment is filed,
"(ii) the due date prescribed by law (determined without extensions) for filing the return of tax under
"(iii) the date of the enactment of this Act [Oct. 2, 1976].
"(C)
Effective Date of 1966 Amendment
Amendment by
[§6152. Repealed. Pub. L. 99–514, title XIV, §1404(c)(1), Oct. 22, 1986, 100 Stat. 2714 ]
Section, acts Aug. 16, 1954, ch. 736,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable to taxable years beginning after Dec. 31, 1986, see section 1404(d) of
[§6153. Repealed. Pub. L. 98–369, div. A, title IV, §412(a)(3), July 18, 1984, 98 Stat. 792 ]
Section, acts Aug. 16, 1954, ch. 736,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to taxable years beginning after Dec. 31, 1984, see section 414(a)(1) of
[§6154. Repealed. Pub. L. 100–203, title X, §10301(b)(1), Dec. 22, 1987, 101 Stat. 1330–429 ]
Section, acts Aug. 16, 1954, ch. 736,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable to taxable years beginning after Dec. 31, 1987, see section 10301(c) of
§6155. Payment on notice and demand
(a) General rule
Upon receipt of notice and demand from the Secretary, there shall be paid at the place and time stated in such notice the amount of any tax (including any interest, additional amounts, additions to tax, and assessable penalties) stated in such notice and demand.
(b) Cross references
(1) For restrictions on assessment and collection of deficiency assessments of taxes subject to the jurisdiction of the Tax Court, see sections 6212 and 6213.
(2) For provisions relating to assessment of claims allowed in a receivership proceeding, see section 6873.
(3) For provisions relating to jeopardy assessments, see subchapter A of
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1980—Subsec. (b)(2).
1976—
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
[§6156. Repealed. Pub. L. 108–357, title VIII, §867(b)(1), Oct. 22, 2004, 118 Stat. 1622 ]
Section, added
A prior section 6156 was renumbered
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable to taxable periods beginning after Oct. 22, 2004, see section 867(e) of
§6157. Payment of Federal unemployment tax on quarterly or other time period basis
(a) General rule
Every person who for the calendar year is an employer (as defined in section 3306(a)) shall—
(1) if the person is such an employer for the preceding calendar year (determined by only taking into account wages paid and employment during such preceding calendar year), compute the tax imposed by section 3301 for each of the first 3 calendar quarters in the calendar year on wages paid for services with respect to which the person is such an employer for such preceding calendar year (as so determined), and
(2) if the person is not such an employer for the preceding calendar year with respect to any services (as so determined), compute the tax imposed by section 3301 on wages paid for services with respect to which the person is not such an employer for the preceding calendar year (as so determined)—
(A) for the period beginning with the first day of the calendar year and ending with the last day of the calendar quarter (excluding the last calendar quarter) in which such person becomes such an employer with respect to such services, and
(B) for the third calendar quarter of such year, if the period specified in subparagraph (A) includes only the first two calendar quarters of the calendar year.
The tax for any calendar quarter or other period shall be computed as provided in subsection (b) and the tax as so computed shall, except as otherwise provided in subsection (c), be paid in such manner and at such time as may be provided in regulations prescribed by the Secretary.
(b) Computation of tax
The tax for any calendar quarter or other period referred to in paragraph (1) or (2) of subsection (a) shall be computed by multiplying the amount of wages (as defined in section 3306(b)) paid in such calendar quarter or other period by 0.6 percent. In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.8 percent in lieu of 0.6 percent.
(c) Special rule where accumulated amount does not exceed $100
Nothing in this section shall require the payment of tax with respect to any calendar quarter or other period if the tax under section 3301 for such period, plus any unpaid amounts for prior periods in the calendar year, does not exceed $100.
(Added
Editorial Notes
Prior Provisions
A prior section 6157, act Aug. 16, 1954, ch. 736,
Amendments
1989—Subsec. (a).
1988—Subsec. (d).
1983—Subsec. (d).
1982—Subsec. (b).
1976—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
1972—Subsec. (b).
1970—Subsec. (a)(1).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by section 271(b)(2)(C) of
Amendment by section 271(c)(3)(C) of
Effective Date of 1976 Amendment
Amendment by section 114(b) of
Amendment by section 211(e)(3) of
Effective Date of 1970 Amendment
Amendment by section 101(b)(1) of
Effective Date
Extension of Time for Payment of Additional FUTA Taxes
"(a)
"(b)
"(c)
"(1)
"(A) in a State which has been declared a credit reduction State for taxable years beginning in 1991, and
"(B) who did not receive notice of such credit reduction before December 1, 1991 from either the State unemployment compensation agency or the Internal Revenue Service.
"(2)
"(d)
Wages Paid in 1970 Calendar Quarters Ending Before August 10, 1970
[§6158. Repealed. Pub. L. 101–508, title XI, §11801(a)(44), Nov. 5, 1990, 104 Stat. 1388–521 ]
Section, added
Statutory Notes and Related Subsidiaries
Savings Provision
For provisions that nothing in repeal by
§6159. Agreements for payment of tax liability in installments
(a) Authorization of agreements
The Secretary is authorized to enter into written agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Secretary determines that such agreement will facilitate full or partial collection of such liability.
(b) Extent to which agreements remain in effect
(1) In general
Except as otherwise provided in this subsection, any agreement entered into by the Secretary under subsection (a) shall remain in effect for the term of the agreement.
(2) Inadequate information or jeopardy
The Secretary may terminate any agreement entered into by the Secretary under subsection (a) if—
(A) information which the taxpayer provided to the Secretary prior to the date such agreement was entered into was inaccurate or incomplete, or
(B) the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.
(3) Subsequent change in financial conditions
If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement.
(4) Failure to pay an installment or any other tax liability when due or to provide requested financial information
The Secretary may alter, modify, or terminate an agreement entered into by the Secretary under subsection (a) in the case of the failure of the taxpayer—
(A) to pay any installment at the time such installment payment is due under such agreement,
(B) to pay any other tax liability at the time such liability is due, or
(C) to provide a financial condition update as requested by the Secretary.
(5) Notice requirements
The Secretary may not take any action under paragraph (2), (3), or (4) unless—
(A) a notice of such action is provided to the taxpayer not later than the day 30 days before the date of such action, and
(B) such notice includes an explanation why the Secretary intends to take such action.
The preceding sentence shall not apply in any case in which the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.
(c) Secretary required to enter into installment agreements in certain cases
In the case of a liability for tax of an individual under subtitle A, the Secretary shall enter into an agreement to accept the full payment of such tax in installments if, as of the date the individual offers to enter into the agreement—
(1) the aggregate amount of such liability (determined without regard to interest, penalties, additions to the tax, and additional amounts) does not exceed $10,000;
(2) the taxpayer (and, if such liability relates to a joint return, the taxpayer's spouse) has not, during any of the preceding 5 taxable years—
(A) failed to file any return of tax imposed by subtitle A;
(B) failed to pay any tax required to be shown on any such return; or
(C) entered into an installment agreement under this section for payment of any tax imposed by subtitle A,
(3) the Secretary determines that the taxpayer is financially unable to pay such liability in full when due (and the taxpayer submits such information as the Secretary may require to make such determination);
(4) the agreement requires full payment of such liability within 3 years; and
(5) the taxpayer agrees to comply with the provisions of this title for the period such agreement is in effect.
(d) Secretary required to review installment agreements for partial collection every two years
In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years.
(e) Administrative review
The Secretary shall establish procedures for an independent administrative review of terminations of installment agreements under this section for taxpayers who request such a review.
(f) Installment agreement fees
(1) Limitation on fee amount
The amount of any fee imposed on an installment agreement under this section may not exceed the amount of such fee as in effect on the date of the enactment of this subsection.
(2) Waiver or reimbursement
In the case of any taxpayer with an adjusted gross income, as determined for the most recent year for which such information is available, which does not exceed 250 percent of the applicable poverty level (as determined by the Secretary)—
(A) if the taxpayer has agreed to make payments under the installment agreement by electronic payment through a debit instrument, no fee shall be imposed on an installment agreement under this section, and
(B) if the taxpayer is unable to make payments under the installment agreement by electronic payment through a debit instrument, the Secretary shall, upon completion of the installment agreement, pay the taxpayer an amount equal to any such fees imposed.
(g) Cross reference
For rights to administrative review and appeal, see section 7122(e).
(Added
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of
Amendments
2018—Subsecs. (f), (g).
2006—Subsec. (f).
2004—Subsec. (a).
Subsec. (c).
Subsec. (d) to (f).
1998—Subsec. (c).
Subsec. (d).
Subsec. (e).
1996—Subsec. (b)(3).
"(A)
"(B)
"(i) notice of such determination is provided to the taxpayer no later than 30 days prior to the date of such action, and
"(ii) such notice includes the reasons why the Secretary believes a significant change in the financial condition of the taxpayer has occurred."
Subsec. (b)(5).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Effective Date of 2006 Amendment
Effective Date of 2004 Amendment
Effective Date of 1998 Amendments
Amendment by
Amendment by section 3462(c)(2) of
Effective Date of 1996 Amendment
Effective Date
Statements Regarding Installment Agreements
Subchapter B—Extensions of Time for Payment
Editorial Notes
Amendments
1981—
1976—
1966—
1958—
§6161. Extension of time for paying tax
(a) Amount determined by taxpayer on return
(1) General rule
The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return or declaration required under authority of this title (or any installment thereof), for a reasonable period not to exceed 6 months (12 months in the case of estate tax) from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad.
(2) Estate tax
The Secretary may, for reasonable cause, extend the time for payment of—
(A) any part of the amount determined by the executor as the tax imposed by
(B) any part of any installment under section 6166 (including any part of a deficiency prorated to any installment under such section).
for a reasonable period not in excess of 10 years from the date prescribed by section 6151(a) for payment of the tax (or, in the case of an amount referred to in subparagraph (B), if later, not beyond the date which is 12 months after the due date for the last installment).
(b) Amount determined as deficiency
(1) Income, gift, and certain other taxes
Under regulations prescribed by the Secretary, the Secretary may extend the time for the payment of the amount determined as a deficiency of a tax imposed by
(2) Estate tax
Under regulations prescribed by the Secretary, the Secretary may, for reasonable cause, extend the time for the payment of any deficiency of a tax imposed by
(3) No extension for certain deficiencies
No extension shall be granted under this subsection for any deficiency if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(c) Claims in cases under title 11 of the United States Code or in receivership proceedings
Extensions of time for payment of any portion of a claim for tax under
(d) Cross references
(1) Period of limitation
For extension of the period of limitation in case of an extension under subsection (a)(2) or subsection (b)(2), see section 6503(d).
(2) Security
For authority of the Secretary to require security in case of an extension under subsection (a)(2) or subsection (b), see section 6165.
(3) Postponement of certain acts
For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
2002—Subsec. (d)(3).
1988—Subsec. (b)(1).
1981—Subsec. (a)(2)(B).
1980—Subsec. (b)(1).
Subsec. (c).
1976—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (d)(2).
1974—Subsec. (b).
1970—Subsec. (a)(1).
1969—Subsec. (b).
1958—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
"(1)
"(2)
Effective Date of 1976 Amendment
Amendment by section 1307(d)(2)(C) of
For effective date of amendment by section 1605(b)(3) of
Amendment by section 2004(c)(1), (2) of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1958 Amendment
[§6162. Repealed. Pub. L. 94–455, title XIX, §1906(a)(12), Oct. 4, 1976, 90 Stat. 1825 ]
Section, act Aug. 16, 1954, ch. 736,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective on first day of month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of
§6163. Extension of time for payment of estate tax on value of reversionary or remainder interest in property
(a) Extension permitted
If the value of a reversionary or remainder interest in property is included under
(b) Extension for reasonable cause
At the expiration of the period of postponement provided for in subsection (a), the Secretary may, for reasonable cause, extend the time for payment for a reasonable period or periods not in excess of 3 years from the expiration of the period of postponement provided in subsection (a).
(c) Cross reference
For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
1975—Subsec. (c).
1964—Subsec. (b).
1958—Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by section 2004(c)(3) of
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1964 Amendment
"(1) The amendment made by subsection (a) [amending this section] shall apply in the case of any reversionary or remainder interest only if the time for payment of the tax under
"(2) The amendment made by subsection (b) [amending section 925 of I.R.C. 1939] shall apply in the case of any reversionary or remainder interest only if the time for payment of the tax under
Effective Date of 1958 Amendment
§6164. Extension of time for payment of taxes by corporations expecting carrybacks
(a) In general
If a corporation, in any taxable year, files with the Secretary a statement, as provided in subsection (b), with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by subtitle A for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section.
(b) Contents of statement
The statement shall be filed at such time and in such manner and form as the Secretary may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172(b), from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require—
(1) the estimated amount of the expected net operating loss;
(2) the reasons, facts, and circumstances which cause the corporation to expect such net operating loss;
(3) the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously determined being ascertained in accordance with the method prescribed in section 1314(a); and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined;
(4) the tax and the part thereof the time for payment of which is to be extended; and
(5) such other information for purposes of carrying out the provisions of this section as may be required by such regulations.
The Secretary shall, upon request, furnish a receipt for any statement filed, which shall set forth the date of such filing.
(c) Amount to which extension relates and installment payments
The amount the time for payment of which may be extended under subsection (a) with respect to any tax shall not exceed the amount of such tax shown on the return, increased by any amount assessed as a deficiency (or as interest or addition to the tax) prior to the date of filing the statement and decreased by any amount paid or required to be paid prior to the date of such filing, and the total amount of the tax the time for payment of which may be extended shall not exceed the amount stated under subsection (b)(3). For purposes of this subsection, an amount shall not be considered as required to be paid unless shown on the return or assessed as a deficiency (or as interest or addition to the tax), and an amount assessed as a deficiency (or as interest or addition to the tax) shall be considered to be required to be paid prior to the date of filing of the statement if the 10th day after notice and demand for its payment occurs prior to such date. If an extension of time under this section relates to only a part of the tax, the time for payment of the remainder shall be the date on which payment would have been required if such remainder had been the tax.
(d) Period of extension
The extension of time for payment provided in this section shall expire—
(1) on the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for the filing of the return for the taxable year of the expected net operating loss, or
(2) if an application for tentative carryback adjustment provided in section 6411 with respect to such loss is filed before the expiration of the period prescribed in paragraph (1), on the date on which notice is mailed by certified mail or registered mail by the Secretary to the taxpayer that such application is allowed or disallowed in whole or in part.
(e) Revised statements
Each statement filed under subsection (a) with respect to any taxable year shall be in lieu of the last statement previously filed with respect to such year. If the amount the time for payment of which is extended under a statement filed is less than the amount under the last statement previously filed, the extension of time shall be terminated as to the difference between the two amounts.
(f) Termination
The Secretary is not required to make any examination of the statement, but he may make such examination thereof as he deems necessary and practicable. The Secretary shall terminate the extension as to any part of the amount to which it relates which he deems should be terminated because, upon such examination, he believes that, as of the time such examination is made, all or any part of the statement clearly is in a material respect erroneous or unreasonable.
(g) Payments on termination
If an extension of time is terminated under subsection (e) or (f) with respect to any amount, then—
(1) no further extension of time shall be made under this section with respect to such amount, and
(2) the time for payment of such amount shall be considered to be the date on which payment would have been required if there had been no extension with respect to such amount.
(h) Jeopardy
If the Secretary believes that collection of the amount to which an extension under this section relates is in jeopardy, he shall immediately terminate such extension, and notice and demand shall be made by him for payment of such amount.
(i) Consolidated returns
If the corporation seeking an extension of time under this section made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises or for the preceding taxable year affected by such loss, the provisions of such section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1982—Subsec. (c).
Subsec. (g)(2).
1976—Subsecs. (a), (b), (d), (f), (h), (i).
1958—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
§6165. Bonds where time to pay tax or deficiency has been extended
In the event the Secretary grants any extension of time within which to pay any tax or any deficiency therein, the Secretary may require the taxpayer to furnish a bond in such amount (not exceeding double the amount with respect to which the extension is granted) conditioned upon the payment of the amount extended in accordance with the terms of such extension.
(Aug. 16, 1954, ch. 736,
Editorial Notes
Amendments
1976—
§6166. Extension of time for payment of estate tax where estate consists largely of interest in closely held business
(a) 5-year deferral; 10-year installment payment
(1) In general
If the value of an interest in a closely held business which is included in determining the gross estate of a decedent who was (at the date of his death) a citizen or resident of the United States exceeds 35 percent of the adjusted gross estate, the executor may elect to pay part or all of the tax imposed by section 2001 in 2 or more (but not exceeding 10) equal installments.
(2) Limitation
The maximum amount of tax which may be paid in installments under this subsection shall be an amount which bears the same ratio to the tax imposed by section 2001 (reduced by the credits against such tax) as—
(A) the closely held business amount, bears to
(B) the amount of the adjusted gross estate.
(3) Date for payment of installments
If an election is made under paragraph (1), the first installment shall be paid on or before the date selected by the executor which is not more than 5 years after the date prescribed by section 6151(a) for payment of the tax, and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment.
(b) Definitions and special rules
(1) Interest in closely held business
For purposes of this section, the term "interest in a closely held business" means—
(A) an interest as a proprietor in a trade or business carried on as a proprietorship;
(B) an interest as a partner in a partnership carrying on a trade or business, if—
(i) 20 percent or more of the total capital interest in such partnership is included in determining the gross estate of the decedent, or
(ii) such partnership had 45 or fewer partners; or
(C) stock in a corporation carrying on a trade or business if—
(i) 20 percent or more in value of the voting stock of such corporation is included in determining the gross estate of the decedent, or
(ii) such corporation had 45 or fewer shareholders.
(2) Rules for applying paragraph (1)
For purposes of paragraph (1)—
(A) Time for testing
Determinations shall be made as of the time immediately before the decedent's death.
(B) Certain interests held by husband and wife
Stock or a partnership interest which—
(i) is community property of a husband and wife (or the income from which is community income) under the applicable community property law of a State, or
(ii) is held by a husband and wife as joint tenants, tenants by the entirety, or tenants in common,
shall be treated as owned by one shareholder or one partner, as the case may be.
(C) Indirect ownership
Property owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionately by or for its shareholders, partners, or beneficiaries. For purposes of the preceding sentence, a person shall be treated as a beneficiary of any trust only if such person has a present interest in the trust.
(D) Certain interests held by members of decedent's family
All stock and all partnership interests held by the decedent or by any member of his family (within the meaning of section 267(c)(4)) shall be treated as owned by the decedent.
(3) Farmhouses and certain other structures taken into account
For purposes of the 35-percent requirement of subsection (a)(1), an interest in a closely held business which is the business of farming includes an interest in residential buildings and related improvements on the farm which are occupied on a regular basis by the owner or lessee of the farm or by persons employed by such owner or lessee for purposes of operating or maintaining the farm.
(4) Value
For purposes of this section, value shall be value determined for purposes of
(5) Closely held business amount
For purposes of this section, the term "closely held business amount" means the value of the interest in a closely held business which qualifies under subsection (a)(1).
(6) Adjusted gross estate
For purposes of this section, the term, "adjusted gross estate" means the value of the gross estate reduced by the sum of the amounts allowable as a deduction under section 2053 or 2054. Such sum shall be determined on the basis of the facts and circumstances in existence on the date (including extensions) for filing the return of tax imposed by section 2001 (or, if earlier, the date on which such return is filed).
(7) Partnership interests and stock which is not readily tradable
(A) In general
If the executor elects the benefits of this paragraph (at such time and in such manner as the Secretary shall by regulations prescribe), then—
(i) for purposes of paragraph (1)(B)(i) or (1)(C)(i) (whichever is appropriate) and for purposes of subsection (c), any capital interest in a partnership and any non-readily-tradable stock which (after the application of paragraph (2)) is treated as owned by the decedent shall be treated as included in determining the value of the decedent's gross estate,
(ii) the executor shall be treated as having selected under subsection (a)(3) the date prescribed by section 6151(a), and
(iii) for purposes of applying section 6601(j), the 2-percent portion (as defined in such section) shall be treated as being zero.
(B) Non-readily-tradable stock defined
For purposes of this paragraph, the term "non-readily-tradable stock" means stock for which, at the time of the decedent's death, there was no market on a stock exchange or in an over-the-counter market.
(8) Stock in holding company treated as business company stock in certain cases
(A) In general
If the executor elects the benefits of this paragraph, then—
(i) Holding company stock treated as business company stock
For purposes of this section, the portion of the stock of any holding company which represents direct ownership (or indirect ownership through 1 or more other holding companies) by such company in a business company shall be deemed to be stock in such business company.
(ii) 5-year deferral for principal not to apply
The executor shall be treated as having selected under subsection (a)(3) the date prescribed by section 6151(a).
(iii) 2-percent interest rate not to apply
For purposes of applying section 6601(j), the 2-percent portion (as defined in such section) shall be treated as being zero.
(B) All stock must be non-readily-tradable stock
(i) In general
No stock shall be taken into account for purposes of applying this paragraph unless it is non-readily-tradable stock (within the meaning of paragraph (7)(B)).
(ii) Special application where only holding company stock is non-readily-tradable stock
If the requirements of clause (i) are not met, but all of the stock of each holding company taken into account is non-readily-tradable, then this paragraph shall apply, but subsection (a)(1) shall be applied by substituting "5" for "10".
(C) Application of voting stock requirement of paragraph (1)(C)(i)
For purposes of clause (i) of paragraph (1)(C), the deemed stock resulting from the application of subparagraph (A) shall be treated as voting stock to the extent that voting stock in the holding company owns directly (or through the voting stock of 1 or more other holding companies) voting stock in the business company.
(D) Definitions
For purposes of this paragraph—
(i) Holding company
The term "holding company" means any corporation holding stock in another corporation.
(ii) Business company
The term "business company" means any corporation carrying on a trade or business.
(9) Deferral not available for passive assets
(A) In general
For purposes of subsection (a)(1) and determining the closely held business amount (but not for purposes of subsection (g)), the value of any interest in a closely held business shall not include the value of that portion of such interest which is attributable to passive assets held by the business.
(B) Passive asset defined
For purposes of this paragraph—
(i) In general
The term "passive asset" means any asset other than an asset used in carrying on a trade or business.
(ii) Stock treated as passive asset
The term "passive asset" includes any stock in another corporation unless—
(I) such stock is treated as held by the decedent by reason of an election under paragraph (8), and
(II) such stock qualified under subsection (a)(1).
(iii) Exception for active corporations
If—
(I) a corporation owns 20 percent or more in value of the voting stock of another corporation, or such other corporation has 45 or fewer shareholders, and
(II) 80 percent or more of the value of the assets of each such corporation is attributable to assets used in carrying on a trade or business,
then such corporations shall be treated as 1 corporation for purposes of clause (ii). For purposes of applying subclause (II) to the corporation holding the stock of the other corporation, such stock shall not be taken into account.
(10) Stock in qualifying lending and finance business treated as stock in an active trade or business company
(A) In general
If the executor elects the benefits of this paragraph, then—
(i) Stock in qualifying lending and finance business treated as stock in an active trade or business company
For purposes of this section, any asset used in a qualifying lending and finance business shall be treated as an asset which is used in carrying on a trade or business.
(ii) 5-year deferral for principal not to apply
The executor shall be treated as having selected under subsection (a)(3) the date prescribed by section 6151(a).
(iii) 5 equal installments allowed
For purposes of applying subsection (a)(1), "5" shall be substituted for "10".
(B) Definitions
For purposes of this paragraph—
(i) Qualifying lending and finance business
The term "qualifying lending and finance business" means a lending and finance business, if—
(I) based on all the facts and circumstances immediately before the date of the decedent's death, there was substantial activity with respect to the lending and finance business, or
(II) during at least 3 of the 5 taxable years ending before the date of the decedent's death, such business had at least 1 full-time employee substantially all of whose services were the active management of such business, 10 full-time, nonowner employees substantially all of whose services were directly related to such business, and $5,000,000 in gross receipts from activities described in clause (ii).
(ii) Lending and finance business
The term "lending and finance business" means a trade or business of—
(I) making loans,
(II) purchasing or discounting accounts receivable, notes, or installment obligations,
(III) engaging in rental and leasing of real and tangible personal property, including entering into leases and purchasing, servicing, and disposing of leases and leased assets,
(IV) rendering services or making facilities available in the ordinary course of a lending or finance business, and
(V) rendering services or making facilities available in connection with activities described in subclauses (I) through (IV) carried on by the corporation rendering services or making facilities available, or another corporation which is a member of the same affiliated group (as defined in section 1504 without regard to section 1504(b)(3)).
(iii) Limitation
The term "qualifying lending and finance business" shall not include any interest in an entity, if the stock or debt of such entity or a controlled group (as defined in section 267(f)(1)) of which such entity was a member was readily tradable on an established securities market or secondary market (as defined by the Secretary) at any time within 3 years before the date of the decedent's death.
(c) Special rule for interest in 2 or more closely held businesses
For purposes of this section, interest in 2 or more closely held businesses, with respect to each of which there is included in determining the value of the decedent's gross estate 20 percent or more of the total value of each such business, shall be treated as an interest in a single closely held business. For purposes of the 20-percent requirement of the preceding sentence, an interest in a closely held business which represents the surviving spouse's interest in property held by the decedent and the surviving spouse as community property or as joint tenants, tenants by the entirety, or tenants in common shall be treated as having been included in determining the value of the decedent's gross estate.
(d) Election
Any election under subsection (a) shall be made not later than the time prescribed by section 6075(a) for filing the return of tax imposed by section 2001 (including extensions thereof), and shall be made in such manner as the Secretary shall by regulations prescribe. If an election under subsection (a) is made, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of the tax.
(e) Proration of deficiency to installments
If an election is made under subsection (a) to pay any part of the tax imposed by section 2001 in installments and a deficiency has been assessed, the deficiency shall (subject to the limitation provided by subsection (a)(2)) be prorated to the installments payable under subsection (a). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(f) Time for payment of interest
If the time for payment of any amount of tax has been extended under this section—
(1) Interest for first 5 years
Interest payable under section 6601 of any unpaid portion of such amount attributable to the first 5 years after the date prescribed by section 6151(a) for payment of the tax shall be paid annually.
(2) Interest for periods after first 5 years
Interest payable under section 6601 on any unpaid portion of such amount attributable to any period after the 5-year period referred to in paragraph (1) shall be paid annually at the same time as, and as a part of, each installment payment of the tax.
(3) Interest in the case of certain deficiencies
In the case of a deficiency to which subsection (e) applies which is assessed after the close of the 5-year period referred to in paragraph (1), interest attributable to such 5-year period, and interest assigned under paragraph (2) to any installment the date for payment of which has arrived on or before the date of the assessment of the deficiency, shall be paid upon notice and demand from the Secretary.
(4) Selection of shorter period
If the executor has selected a period shorter than 5 years under subsection (a)(3), such shorter period shall be substituted for 5 years in paragraphs (1), (2), and (3) of this subsection.
(g) Acceleration of payment
(1) Disposition of interest; withdrawal of funds from business
(A) If—
(i)(I) any portion of an interest in a closely held business which qualifies under subsection (a)(1) is distributed, sold, exchanged, or otherwise disposed of, or
(II) money and other property attributable to such an interest is withdrawn from such trade or business, and
(ii) the aggregate of such distributions, sales, exchanges, or other dispositions and withdrawals equals or exceeds 50 percent of the value of such interest,
then the extension of time for payment of tax provided in subsection (a) shall cease to apply, and the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary.
(B) In the case of a distribution in redemption of stock to which section 303 (or so much of section 304 as relates to section 303) applies—
(i) the redemption of such stock, and the withdrawal of money and other property distributed in such redemption, shall not be treated as a distribution or withdrawal for purposes of subparagraph (A), and
(ii) for purposes of subparagraph (A), the value of the interest in the closely held business shall be considered to be such value reduced by the value of the stock redeemed.
This subparagraph shall apply only if, on or before the date prescribed by subsection (a)(3) for the payment of the first installment which becomes due after the date of the distribution (or, if earlier, on or before the day which is 1 year after the date of the distribution), there is paid an amount of the tax imposed by section 2001 not less than the amount of money and other property distributed.
(C) Subparagraph (A)(i) does not apply to an exchange of stock pursuant to a plan of reorganization described in subparagraph (D), (E), or (F) of section 368(a)(1) nor to an exchange to which section 355 (or so much of section 356 as relates to section 355) applies; but any stock received in such an exchange shall be treated for purposes of subparagraph (A)(i) as an interest qualifying under subsection (a)(1).
(D) Subparagraph (A)(i) does not apply to a transfer of property of the decedent to a person entitled by reason of the decedent's death to receive such property under the decedent's will, the applicable law of descent and distribution, or a trust created by the decedent. A similar rule shall apply in the case of a series of subsequent transfers of the property by reason of death so long as each transfer is to a member of the family (within the meaning of section 267(c)(4)) of the transferor in such transfer.
(E) Changes in interest in holding company
If any stock in a holding company is treated as stock in a business company by reason of subsection (b)(8)(A)—
(i) any disposition of any interest in such stock in such holding company which was included in determining the gross estate of the decedent, or
(ii) any withdrawal of any money or other property from such holding company attributable to any interest included in determining the gross estate of the decedent,
shall be treated for purposes of subparagraph (A) as a disposition of (or a withdrawal with respect to) the stock qualifying under subsection (a)(1).
(F) Changes in interest in business company
If any stock in a holding company is treated as stock in a business company by reason of subsection (b)(8)(A)—
(i) any disposition of any interest in such stock in the business company by such holding company, or
(ii) any withdrawal of any money or other property from such business company attributable to such stock by such holding company owning such stock,
shall be treated for purposes of subparagraph (A) as a disposition of (or a withdrawal with respect to) the stock qualifying under subsection (a)(1).
(2) Undistributed income of estate
(A) If an election is made under this section and the estate has undistributed net income for any taxable year ending on or after the due date for the first installment, the executor shall, on or before the date prescribed by law for filing the income tax return for such taxable year (including extensions thereof), pay an amount equal to such undistributed net income in liquidation of the unpaid portion of the tax payable in installments.
(B) For purposes of subparagraph (A), the undistributed net income of the estate for any taxable year is the amount by which the distributable net income of the estate for such taxable year (as defined in section 643) exceeds the sum of—
(i) the amounts for such taxable year specified in paragraphs (1) and (2) of section 661(a) (relating to deductions for distributions, etc.);
(ii) the amount of tax imposed for the taxable year on the estate under
(iii) the amount of the tax imposed by section 2001 (including interest) paid by the executor during the taxable year (other than any amount paid pursuant to this paragraph).
(C) For purposes of this paragraph, if any stock in a corporation is treated as stock in another corporation by reason of subsection (b)(8)(A), any dividends paid by such other corporation to the corporation shall be treated as paid to the estate of the decedent to the extent attributable to the stock qualifying under subsection (a)(1).
(3) Failure to make payment of principal or interest
(A) In general
Except as provided in subparagraph (B), if any payment of principal or interest under this section is not paid on or before the date fixed for its payment by this section (including any extension of time), the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary.
(B) Payment within 6 months
If any payment of principal or interest under this section is not paid on or before the date determined under subparagraph (A) but is paid within 6 months of such date—
(i) the provisions of subparagraph (A) shall not apply with respect to such payment,
(ii) the provisions of section 6601(j) shall not apply with respect to the determination of interest on such payment, and
(iii) there is imposed a penalty in an amount equal to the product of—
(I) 5 percent of the amount of such payment, multiplied by
(II) the number of months (or fractions thereof) after such date and before payment is made.
The penalty imposed under clause (iii) shall be treated in the same manner as a penalty imposed under subchapter B of
(h) Election in case of certain deficiencies
(1) In general
If—
(A) a deficiency in the tax imposed by section 2001 is assessed,
(B) the estate qualifies under subsection (a)(1), and
(C) the executor has not made an election under subsection (a),
the executor may elect to pay the deficiency in installments. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(2) Time of election
An election under this subsection shall be made not later than 60 days after issuance of notice and demand by the Secretary for the payment of the deficiency, and shall be made in such manner as the Secretary shall by regulations prescribe.
(3) Effect of election on payment
If an election is made under this subsection, the deficiency shall (subject to the limitation provided by subsection (a)(2)) be prorated to the installments which would have been due if an election had been timely made under subsection (a) at the time the estate tax return was filed. The part of the deficiency so prorated to any installment the date for payment of which would have arrived shall be paid at the time of the making of the election under this subsection. The portion of the deficiency so prorated to installments the date for payment of which would not have so arrived shall be paid at the time such installments would have been due if such an election had been made.
(i) Special rule for certain direct skips
To the extent that an interest in a closely held business is the subject of a direct skip (within the meaning of section 2612(c)) occurring at the same time as and as a result of the decedent's death, then for purposes of this section any tax imposed by section 2601 on the transfer of such interest shall be treated as if it were additional tax imposed by section 2001.
(j) Regulations
The Secretary shall prescribe such regulations as may be necessary to the application of this section.
(k) Cross references
(1) Security
For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
(2) Lien
For special lien (in lieu of bond) in the case of an extension under this section, see section 6324A.
(3) Period of limitation
For extension of the period of limitation in the case of an extension under this section, see section 6503(d).
(4) Interest
For provisions relating to interest on tax payable in installments under this section, see subsection (j) of section 6601.
(5) Transfers within 3 years of death
For special rule for qualifying an estate under this section where property has been transferred within 3 years of decedent's death, see section 2035(c)(2).
(Added
Editorial Notes
Prior Provisions
A prior section 6166 was renumbered
Amendments
2001—Subsec. (b)(1)(B)(ii), (C)(ii).
Subsec. (b)(8)(B).
Subsec. (b)(9)(B)(iii)(I).
Subsec. (b)(10).
2000—Subsec. (k)(5).
1998—Subsec. (b)(7)(A)(iii).
Subsec. (b)(8)(A)(iii).
1997—Subsec. (b)(7)(A)(iii).
Subsec. (b)(8)(A)(iii).
1996—Subsec. (k)(6).
1986—Subsecs. (i) to (k).
1984—Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (g)(1)(E), (F).
Subsec. (g)(2)(C).
Subsec. (j)(6).
1983—Subsec. (b)(3).
Subsec. (g)(1)(B)(i).
Subsec. (g)(1)(B)(ii).
Subsec. (j)(5).
1981—
Subsec. (a).
Subsec. (c).
Subsec. (g)(1)(A).
Subsec. (g)(1)(D).
Subsec. (g)(3).
1978—Subsec. (b)(2)(D).
Subsec. (b)(7).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by section 544(b)(4) of
"(1)
"(2)
"(A)
"(i) a corporation has 15 or fewer shareholders on June 22, 1984, and at all times thereafter before the date of the decedent's death, and
"(ii) stock of such corporation is included in the gross estate of the decedent,
then all other corporations all of the stock of which is owned directly or indirectly by the corporation described in clauses (i) and (ii) shall be treated as one corporation for purposes of section 6166 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].
"(B)
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1981 Amendment
"(1)
"(2)
Effective Date of 1978 Amendment
Effective Date
Land Diverted Under 1983 Payment-in-Kind Program
Land diverted from production of agricultural commodities under a 1983 payment-in-kind program to be treated, for purposes of this section, as used during the 1983 crop year by qualified taxpayers in the active conduct of the trade or business of farming, with qualified taxpayers who materially participate in the diversion and devotion to conservation uses under a 1983 payment-in-kind program to be treated as materially participating in the operation of such land during the 1983 crop year, see section 3 of
[§6166A. Repealed. Pub. L. 97–34, title IV, §422(d), Aug. 13, 1981, 95 Stat. 315 ]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable to estates of decedents dying after Dec. 31, 1981, see section 422(f)(1) of
§6167. Extension of time for payment of tax attributable to recovery of foreign expropriation losses
(a) Extension allowed by election
If—
(1) a corporation has a recovery of a foreign expropriation loss to which section 1351 applies, and
(2) the portion of the recovery received in money is less than 25 percent of the amount of such recovery (as defined in section 1351(c)) and is not greater than the tax attributable to such recovery,
the tax attributable to such recovery shall, at the election of the taxpayer, be payable in 10 equal installments on the 15th day of the fourth month of each of the taxable years following the taxable year of the recovery. Such election shall be made at such time and in such manner as the Secretary may prescribe by regulations. If an election is made under this subsection, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of such tax.
(b) Extension permitted by Secretary
If a corporation has a recovery of a foreign expropriation loss to which section 1351 applies and if an election is not made under subsection (a), the Secretary may, upon finding that the payment of the tax attributable to such recovery at the time otherwise provided in this subtitle would result in undue hardship, extend the time for payment of such tax for a reasonable period or periods not in excess of 9 years from the date on which such tax is otherwise payable.
(c) Acceleration of payments
If—
(1) an election is made under subsection (a),
(2) during any taxable year before the tax attributable to such recovery is paid in full—
(A) any property (other than money) received on such recovery is sold or exchanged, or
(B) any property (other than money) received on any sale or exchange described in subparagraph (A) is sold or exchanged, and
(3) the amount of money received on such sale or exchange (reduced by the amount of the tax imposed under
(A) received on such recovery, and
(B) received on previous sales or exchanges described in subparagraphs (A) and (B) of paragraph (2) (as so reduced),
exceeds the amount of money which may be received under subsection (a)(2),
an amount of the tax attributable to such recovery equal to such excess shall be payable on the 15th day of the fourth month of the taxable year following the taxable year in which such sale or exchange occurs. The amount of such tax so paid shall be treated, for purposes of this section, as a payment of the first unpaid installment or installments (or portion thereof) which become payable under subsection (a) following such taxable year.
(d) Proration of deficiency to installments
If an election is made under subsection (a), and a deficiency attributable to the recovery of a foreign expropriation loss has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(e) Time for payment of interest
If the time for payment for any amount of tax has been extended under this section, interest payable under section 6601 on any unpaid portion of such amount shall be paid annually at the same time as, and as part of, each installment payment of the tax. Interest, on that part of a deficiency prorated under this section to any installment the date for payment of which has not arrived, for the period before the date fixed for the last installment preceding the assessment of the deficiency, shall be paid upon notice and demand from the Secretary.
(f) Tax attributable to recovery of foreign expropriation loss
For purposes of this section, the tax attributable to a recovery of a foreign expropriation loss is the sum of—
(1) the additional tax imposed by section 1351(d)(1) on such recovery, and
(2) the amount by which the tax imposed under subtitle A is increased by reason of the gain on such recovery which under section 1351(e) is considered as gain on the involuntary conversion of property.
(g) Failure to pay installment
If any installment under this section is not paid on or before the date fixed for its payment by this section (including any extension of time for the payment of such installment), the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary.
(h) Cross-references
(1) Security.—For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
(2) Period of limitation.—For extension of the period of limitation in the case of an extension under this section, see section 6503(e).
(Added
Editorial Notes
Amendments
2015—Subsecs. (a), (c).
1976—Subsecs. (a), (b), (d), (e), (g).
Subsec. (h).
1975—Subsec. (e).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1902(b)(2)(B) of
Effective Date of 1975 Amendment
Amendment by
Effective Date
Section applicable with respect to amounts received after Dec. 31, 1964, in respect of foreign expropriation losses (as defined in