PART II—ACCURACY-RELATED AND FRAUD PENALTIES
Editorial Notes
Amendments
2004—
1989—
§6662. Imposition of accuracy-related penalty on underpayments
(a) Imposition of penalty
If this section applies to any portion of an underpayment of tax required to be shown on a return, there shall be added to the tax an amount equal to 20 percent of the portion of the underpayment to which this section applies.
(b) Portion of underpayment to which section applies
This section shall apply to the portion of any underpayment which is attributable to 1 or more of the following:
(1) Negligence or disregard of rules or regulations.
(2) Any substantial understatement of income tax.
(3) Any substantial valuation misstatement under
(4) Any substantial overstatement of pension liabilities.
(5) Any substantial estate or gift tax valuation understatement.
(6) Any disallowance of claimed tax benefits by reason of a transaction lacking economic substance (within the meaning of section 7701(o)) or failing to meet the requirements of any similar rule of law.
(7) Any undisclosed foreign financial asset understatement.
(8) Any inconsistent estate basis.
(9) Any overstatement of the deduction provided in section 170(p).
(10) Any disallowance of a deduction by reason of section 170(h)(7).
This section shall not apply to any portion of an underpayment on which a penalty is imposed under section 6663. Except as provided in paragraph (1) or (2)(B) of section 6662A(e), this section shall not apply to the portion of any underpayment which is attributable to a reportable transaction understatement on which a penalty is imposed under section 6662A.
(c) Negligence
For purposes of this section, the term "negligence" includes any failure to make a reasonable attempt to comply with the provisions of this title, and the term "disregard" includes any careless, reckless, or intentional disregard.
(d) Substantial understatement of income tax
(1) Substantial understatement
(A) In general
For purposes of this section, there is a substantial understatement of income tax for any taxable year if the amount of the understatement for the taxable year exceeds the greater of—
(i) 10 percent of the tax required to be shown on the return for the taxable year, or
(ii) $5,000.
(B) Special rule for corporations
In the case of a corporation other than an S corporation or a personal holding company (as defined in section 542), there is a substantial understatement of income tax for any taxable year if the amount of the understatement for the taxable year exceeds the lesser of—
(i) 10 percent of the tax required to be shown on the return for the taxable year (or, if greater, $10,000), or
(ii) $10,000,000.
(C) Special rule for taxpayers claiming section 199A deduction
In the case of any taxpayer who claims any deduction allowed under section 199A for the taxable year, subparagraph (A) shall be applied by substituting "5 percent" for "10 percent".
(2) Understatement
(A) In general
For purposes of paragraph (1), the term "understatement" means the excess of—
(i) the amount of the tax required to be shown on the return for the taxable year, over
(ii) the amount of the tax imposed which is shown on the return, reduced by any rebate (within the meaning of section 6211(b)(2)).
The excess under the preceding sentence shall be determined without regard to items to which section 6662A applies.
(B) Reduction for understatement due to position of taxpayer or disclosed item
The amount of the understatement under subparagraph (A) shall be reduced by that portion of the understatement which is attributable to—
(i) the tax treatment of any item by the taxpayer if there is or was substantial authority for such treatment, or
(ii) any item if—
(I) the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return, and
(II) there is a reasonable basis for the tax treatment of such item by the taxpayer.
For purposes of clause (ii)(II), in no event shall a corporation be treated as having a reasonable basis for its tax treatment of an item attributable to a multiple-party financing transaction if such treatment does not clearly reflect the income of the corporation.
(C) Reduction not to apply to tax shelters
(i) In general
Subparagraph (B) shall not apply to any item attributable to a tax shelter.
(ii) Tax shelter
For purposes of clause (i), the term "tax shelter" means—
(I) a partnership or other entity,
(II) any investment plan or arrangement, or
(III) any other plan or arrangement,
if a significant purpose of such partnership, entity, plan, or arrangement is the avoidance or evasion of Federal income tax.
(3) Secretarial list
The Secretary may prescribe a list of positions which the Secretary believes do not meet 1 or more of the standards specified in paragraph (2)(B)(i), section 6664(d)(3), and section 6694(a)(1). Such list (and any revisions thereof) shall be published in the Federal Register or the Internal Revenue Bulletin.
(e) Substantial valuation misstatement under chapter 1
(1) In general
For purposes of this section, there is a substantial valuation misstatement under
(A) the value of any property (or the adjusted basis of any property) claimed on any return of tax imposed by
(B)(i) the price for any property or services (or for the use of property) claimed on any such return in connection with any transaction between persons described in section 482 is 200 percent or more (or 50 percent or less) of the amount determined under section 482 to be the correct amount of such price, or
(ii) the net section 482 transfer price adjustment for the taxable year exceeds the lesser of $5,000,000 or 10 percent of the taxpayer's gross receipts.
(2) Limitation
No penalty shall be imposed by reason of subsection (b)(3) unless the portion of the underpayment for the taxable year attributable to substantial valuation misstatements under
(3) Net section 482 transfer price adjustment
For purposes of this subsection—
(A) In general
The term "net section 482 transfer price adjustment" means, with respect to any taxable year, the net increase in taxable income for the taxable year (determined without regard to any amount carried to such taxable year from another taxable year) resulting from adjustments under section 482 in the price for any property or services (or for the use of property).
(B) Certain adjustments excluded in determining threshold
For purposes of determining whether the threshold requirements of paragraph (1)(B)(ii) are met, the following shall be excluded:
(i) Any portion of the net increase in taxable income referred to in subparagraph (A) which is attributable to any redetermination of a price if—
(I) it is established that the taxpayer determined such price in accordance with a specific pricing method set forth in the regulations prescribed under section 482 and that the taxpayer's use of such method was reasonable,
(II) the taxpayer has documentation (which was in existence as of the time of filing the return) which sets forth the determination of such price in accordance with such a method and which establishes that the use of such method was reasonable, and
(III) the taxpayer provides such documentation to the Secretary within 30 days of a request for such documentation.
(ii) Any portion of the net increase in taxable income referred to in subparagraph (A) which is attributable to a redetermination of price where such price was not determined in accordance with such a specific pricing method if—
(I) the taxpayer establishes that none of such pricing methods was likely to result in a price that would clearly reflect income, the taxpayer used another pricing method to determine such price, and such other pricing method was likely to result in a price that would clearly reflect income,
(II) the taxpayer has documentation (which was in existence as of the time of filing the return) which sets forth the determination of such price in accordance with such other method and which establishes that the requirements of subclause (I) were satisfied, and
(III) the taxpayer provides such documentation to the Secretary within 30 days of request for such documentation.
(iii) Any portion of such net increase which is attributable to any transaction solely between foreign corporations unless, in the case of any such corporations, the treatment of such transaction affects the determination of income from sources within the United States or taxable income effectively connected with the conduct of a trade or business within the United States.
(C) Special rule
If the regular tax (as defined in section 55(c)) imposed by
(D) Coordination with reasonable cause exception
For purposes of section 6664(c) the taxpayer shall not be treated as having reasonable cause for any portion of an underpayment attributable to a net section 482 transfer price adjustment unless such taxpayer meets the requirements of clause (i), (ii), or (iii) of subparagraph (B) with respect to such portion.
(f) Substantial overstatement of pension liabilities
(1) In general
For purposes of this section, there is a substantial overstatement of pension liabilities if the actuarial determination of the liabilities taken into account for purposes of computing the deduction under paragraph (1) or (2) of section 404(a) is 200 percent or more of the amount determined to be the correct amount of such liabilities.
(2) Limitation
No penalty shall be imposed by reason of subsection (b)(4) unless the portion of the underpayment for the taxable year attributable to substantial overstatements of pension liabilities exceeds $1,000.
(g) Substantial estate or gift tax valuation understatement
(1) In general
For purposes of this section, there is a substantial estate or gift tax valuation understatement if the value of any property claimed on any return of tax imposed by subtitle B is 65 percent or less of the amount determined to be the correct amount of such valuation.
(2) Limitation
No penalty shall be imposed by reason of subsection (b)(5) unless the portion of the underpayment attributable to substantial estate or gift tax valuation understatements for the taxable period (or, in the case of the tax imposed by
(h) Increase in penalty in case of gross valuation misstatements
(1) In general
To the extent that a portion of the underpayment to which this section applies is attributable to one or more gross valuation misstatements, subsection (a) shall be applied with respect to such portion by substituting "40 percent" for "20 percent".
(2) Gross valuation misstatements
The term "gross valuation misstatements" means—
(A) any substantial valuation misstatement under
(i) in paragraph (1)(A), "200 percent" for "150 percent",
(ii) in paragraph (1)(B)(i)—
(I) "400 percent" for "200 percent", and
(II) "25 percent" for "50 percent", and
(iii) in paragraph (1)(B)(ii)—
(I) "$20,000,000" for "$5,000,000", and
(II) "20 percent" for "10 percent".
(B) any substantial overstatement of pension liabilities as determined under subsection (f) by substituting "400 percent" for "200 percent",
(C) any substantial estate or gift tax valuation understatement as determined under subsection (g) by substituting "40 percent" for "65 percent", and
(D) any disallowance of a deduction described in subsection (b)(10).
(i) Increase in penalty in case of nondisclosed noneconomic substance transactions
(1) In general
In the case of any portion of an underpayment which is attributable to one or more nondisclosed noneconomic substance transactions, subsection (a) shall be applied with respect to such portion by substituting "40 percent" for "20 percent".
(2) Nondisclosed noneconomic substance transactions
For purposes of this subsection, the term "nondisclosed noneconomic substance transaction" means any portion of a transaction described in subsection (b)(6) with respect to which the relevant facts affecting the tax treatment are not adequately disclosed in the return nor in a statement attached to the return.
(3) Special rule for amended returns
In no event shall any amendment or supplement to a return of tax be taken into account for purposes of this subsection if the amendment or supplement is filed after the earlier of the date the taxpayer is first contacted by the Secretary regarding the examination of the return or such other date as is specified by the Secretary.
(j) Undisclosed foreign financial asset understatement
(1) In general
For purposes of this section, the term "undisclosed foreign financial asset understatement" means, for any taxable year, the portion of the understatement for such taxable year which is attributable to any transaction involving an undisclosed foreign financial asset.
(2) Undisclosed foreign financial asset
For purposes of this subsection, the term "undisclosed foreign financial asset" means, with respect to any taxable year, any asset with respect to which information was required to be provided under section 6038, 6038B, 6038D, 6046A, or 6048 for such taxable year but was not provided by the taxpayer as required under the provisions of those sections.
(3) Increase in penalty for undisclosed foreign financial asset understatements
In the case of any portion of an underpayment which is attributable to any undisclosed foreign financial asset understatement, subsection (a) shall be applied with respect to such portion by substituting "40 percent" for "20 percent".
(k) Inconsistent estate basis reporting
For purposes of this section, the term "inconsistent estate basis" means any portion of an underpayment attributable to the failure to comply with section 1014(f).
(l) Increase in penalty in case of overstatement of qualified charitable contributions
In the case of any portion of an underpayment which is attributable to one or more overstatements of the deduction provided in section 170(p), subsection (a) shall be applied with respect to such portion by substituting "50 percent" for "20 percent".
(Added
Editorial Notes
Codification
Another section 212(b) of div. EE of
Section 1409(b)(1), (2) of
Section 1219(a)(1), (2) of
Prior Provisions
A prior section 6662, acts Aug. 16, 1954, ch. 736,
Amendments
2022—Subsec. (b)(10).
Subsec. (h)(2)(D).
2020—Subsec. (b)(9).
Subsec. (l).
2018—Subsec. (d)(1)(C).
Subsec. (d)(3).
Subsecs. (i), (j).
Subsec. (k).
2017—Subsec. (d)(1)(C).
2015—Subsec. (b)(8).
Subsec. (k).
2014—Subsec. (b)(7).
2010—Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (i).
Subsec. (j).
2006—Subsec. (e)(1)(A).
Subsec. (g)(1).
Subsec. (h)(2)(A)(i), (ii).
"(i) '400 percent' for '200 percent' each place it appears,
"(ii) '25 percent' for '50 percent', and".
See Codification note above.
Subsec. (h)(2)(C).
2005—Subsec. (b).
Subsec. (d)(3).
2004—
Subsec. (d)(1)(B).
Subsec. (d)(2)(A).
Subsec. (d)(2)(C).
Subsec. (d)(2)(D).
"(i) for which the Secretary believes there is not substantial authority, and
"(ii) which affect a significant number of taxpayers.
Such list (and any revision thereof) shall be published in the Federal Register."
Subsec. (d)(3).
1997—Subsec. (d)(2)(B).
Subsec. (d)(2)(C)(iii).
1994—Subsec. (d)(2)(C)(i).
Subsec. (d)(2)(C)(ii).
Subsec. (d)(2)(C)(iii).
1993—Subsec. (d)(2)(B)(ii).
Subsec. (e)(1)(B)(ii).
Subsec. (e)(3)(B).
"(i) any portion of the net increase in taxable income referred to in subparagraph (A) which is attributable to any redetermination of a price if it is shown that there was a reasonable cause for the taxpayer's determination of such price and that the taxpayer acted in good faith with respect to such price, and
"(ii) any portion of such net increase which is attributable to any transaction solely between foreign corporations unless, in the case of any of such corporations, the treatment of such transaction affects the determination of income from sources within the United States or taxable income effectively connected with the conduct of a trade or business within the United States."
Subsec. (e)(3)(D).
Subsec. (h)(2)(A)(iii).
1990—Subsec. (b)(3).
Subsec. (e).
"(1)
"(2)
Subsec. (h)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2020 Amendment
Amendment by
Effective Date of 2018 Amendment
Amendment by section 101(a)(2)(A) of
Effective Date of 2017 Amendment
Amendment by
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2014 Amendment
Effective Date of 2010 Amendment
"(1)
"(2)
"(3)
"(4)
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2005 Amendment
Amendment by section 403(x)(1) of
Effective Date of 2004 Amendment
"(1)
"(2)
"(A) the opinion was provided to the taxpayer before the date of the enactment of this Act,
"(B) the opinion relates to one or more transactions all of which were entered into before such date, and
"(C) the tax treatment of items relating to each such transaction was included on a return or statement filed by the taxpayer before such date."
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Effective Date of 1993 Amendment
Effective Date of 1990 Amendment
Effective Date
Section applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1989, see section 7721(d) of
§6662A. Imposition of accuracy-related penalty on understatements with respect to reportable transactions
(a) Imposition of penalty
If a taxpayer has a reportable transaction understatement for any taxable year, there shall be added to the tax an amount equal to 20 percent of the amount of such understatement.
(b) Reportable transaction understatement
For purposes of this section—
(1) In general
The term "reportable transaction understatement" means the sum of—
(A) the product of—
(i) the amount of the increase (if any) in taxable income which results from a difference between the proper tax treatment of an item to which this section applies and the taxpayer's treatment of such item (as shown on the taxpayer's return of tax), and
(ii) the highest rate of tax imposed by section 1 (section 11 in the case of a taxpayer which is a corporation), and
(B) the amount of the decrease (if any) in the aggregate amount of credits determined under subtitle A which results from a difference between the taxpayer's treatment of an item to which this section applies (as shown on the taxpayer's return of tax) and the proper tax treatment of such item.
For purposes of subparagraph (A), any reduction of the excess of deductions allowed for the taxable year over gross income for such year, and any reduction in the amount of capital losses which would (without regard to section 1211) be allowed for such year, shall be treated as an increase in taxable income.
(2) Items to which section applies
This section shall apply to any item which is attributable to—
(A) any listed transaction, and
(B) any reportable transaction (other than a listed transaction) if a significant purpose of such transaction is the avoidance or evasion of Federal income tax.
(c) Higher penalty for nondisclosed listed and other avoidance transactions
Subsection (a) shall be applied by substituting "30 percent" for "20 percent" with respect to the portion of any reportable transaction understatement with respect to which the requirement of section 6664(d)(3)(A) is not met.
(d) Definitions of reportable and listed transactions
For purposes of this section, the terms "reportable transaction" and "listed transaction" have the respective meanings given to such terms by section 6707A(c).
(e) Special rules
(1) Coordination with penalties, etc., on other understatements
In the case of an understatement (as defined in section 6662(d)(2))—
(A) the amount of such understatement (determined without regard to this paragraph) shall be increased by the aggregate amount of reportable transaction understatements for purposes of determining whether such understatement is a substantial understatement under section 6662(d)(1), and
(B) the addition to tax under section 6662(a) shall apply only to the excess of the amount of the substantial understatement (if any) after the application of subparagraph (A) over the aggregate amount of reportable transaction understatements.
(2) Coordination with other penalties
(A) Coordination with fraud penalty
This section shall not apply to any portion of an understatement on which a penalty is imposed under section 6663.
(B) Coordination with certain increased underpayment penalties
This section shall not apply to any portion of an understatement on which a penalty is imposed under section 6662 if the rate of the penalty is determined under subsections (h) or (i) of section 6662.
(3) Special rule for amended returns
Except as provided in regulations, in no event shall any tax treatment included with an amendment or supplement to a return of tax be taken into account in determining the amount of any reportable transaction understatement if the amendment or supplement is filed after the earlier of the date the taxpayer is first contacted by the Secretary regarding the examination of the return or such other date as is specified by the Secretary.
(Added
Editorial Notes
Codification
Section 1409(b)(3) of
Amendments
2014—Subsec. (c).
2010—Subsec. (e)(2)(B).
2005—Subsec. (e)(2).
"(A)
"(B)
"(C)
"(i)
"(ii)
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2005 Amendment
Amendment by
Effective Date
Section applicable to taxable years ending after Oct. 22, 2004, see section 812(f) of
Report on Tax Shelter Penalties and Certain Other Enforcement Actions
"(a)
"(1) Section 6662A (relating to accuracy-related penalty on understatements with respect to reportable transactions).
"(2) Section 6700(a) (relating to promoting abusive tax shelters).
"(3) Section 6707 (relating to failure to furnish information regarding reportable transactions).
"(4) Section 6707A (relating to failure to include reportable transaction information with return).
"(5) Section 6708 (relating to failure to maintain lists of advisees with respect to reportable transactions).
"(b)
"(1) Any action taken under section 330(b) [now 330(c)] of
"(2) Any extension of the time for assessment of tax enforced, or assessment of any amount under such an extension, under paragraph (10) of section 6501(c) of the Internal Revenue Code of 1986.
"(c)
§6663. Imposition of fraud penalty
(a) Imposition of penalty
If any part of any underpayment of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 75 percent of the portion of the underpayment which is attributable to fraud.
(b) Determination of portion attributable to fraud
If the Secretary establishes that any portion of an underpayment is attributable to fraud, the entire underpayment shall be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer establishes (by a preponderance of the evidence) is not attributable to fraud.
(c) Special rule for joint returns
In the case of a joint return, this section shall not apply with respect to a spouse unless some part of the underpayment is due to the fraud of such spouse.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1989, see section 7721(d) of
§6664. Definitions and special rules
(a) Underpayment
For purposes of this part, the term "underpayment" means the amount by which any tax imposed by this title exceeds the excess of—
(1) the sum of—
(A) the amount shown as the tax by the taxpayer on his return, plus
(B) amounts not so shown previously assessed (or collected without assessment), over
(2) the amount of rebates made.
For purposes of paragraph (2), the term "rebate" means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed was less than the excess of the amount specified in paragraph (1) over the rebates previously made. A rule similar to the rule of section 6211(b)(4) shall apply for purposes of this subsection.
(b) Penalties applicable only where return filed
The penalties provided in this part shall apply only in cases where a return of tax is filed (other than a return prepared by the Secretary under the authority of section 6020(b)).
(c) Reasonable cause exception for underpayments
(1) In general
No penalty shall be imposed under section 6662 or 6663 with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion.
(2) Exception
Paragraph (1) shall not apply to any portion of an underpayment which is attributable to one or more transactions described in section 6662(b)(6) or to any disallowance of a deduction described in section 6662(b)(10).
(3) Special rule for certain valuation overstatements
In the case of any underpayment attributable to a substantial or gross valuation overstatement under
(A) the claimed value of the property was based on a qualified appraisal made by a qualified appraiser, and
(B) in addition to obtaining such appraisal, the taxpayer made a good faith investigation of the value of the contributed property.
(4) Definitions
For purposes of this subsection—
(A) Charitable deduction property
The term "charitable deduction property" means any property contributed by the taxpayer in a contribution for which a deduction was claimed under section 170. For purposes of paragraph (3), such term shall not include any securities for which (as of the date of the contribution) market quotations are readily available on an established securities market.
(B) Qualified appraisal
The term "qualified appraisal" has the meaning given such term by section 170(f)(11)(E)(i).
(C) Qualified appraiser
The term "qualified appraiser" has the meaning given such term by section 170(f)(11)(E)(ii).
(d) Reasonable cause exception for reportable transaction understatements
(1) In general
No penalty shall be imposed under section 6662A with respect to any portion of a reportable transaction understatement if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion.
(2) Exception
Paragraph (1) shall not apply to any portion of a reportable transaction understatement which is attributable to one or more transactions described in section 6662(b)(6).
(3) Special rules
Paragraph (1) shall not apply to any reportable transaction understatement unless—
(A) the relevant facts affecting the tax treatment of the item are adequately disclosed in accordance with the regulations prescribed under section 6011,
(B) there is or was substantial authority for such treatment, and
(C) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment.
A taxpayer failing to adequately disclose in accordance with section 6011 shall be treated as meeting the requirements of subparagraph (A) if the penalty for such failure was rescinded under section 6707A(d).
(4) Rules relating to reasonable belief
For purposes of paragraph (3)(C)—
(A) In general
A taxpayer shall be treated as having a reasonable belief with respect to the tax treatment of an item only if such belief—
(i) is based on the facts and law that exist at the time the return of tax which includes such tax treatment is filed, and
(ii) relates solely to the taxpayer's chances of success on the merits of such treatment and does not take into account the possibility that a return will not be audited, such treatment will not be raised on audit, or such treatment will be resolved through settlement if it is raised.
(B) Certain opinions may not be relied upon
(i) In general
An opinion of a tax advisor may not be relied upon to establish the reasonable belief of a taxpayer if—
(I) the tax advisor is described in clause (ii), or
(II) the opinion is described in clause (iii).
(ii) Disqualified tax advisors
A tax advisor is described in this clause if the tax advisor—
(I) is a material advisor (within the meaning of section 6111(b)(1)) and participates in the organization, management, promotion, or sale of the transaction or is related (within the meaning of section 267(b) or 707(b)(1)) to any person who so participates,
(II) is compensated directly or indirectly by a material advisor with respect to the transaction,
(III) has a fee arrangement with respect to the transaction which is contingent on all or part of the intended tax benefits from the transaction being sustained, or
(IV) as determined under regulations prescribed by the Secretary, has a disqualifying financial interest with respect to the transaction.
(iii) Disqualified opinions
For purposes of clause (i), an opinion is disqualified if the opinion—
(I) is based on unreasonable factual or legal assumptions (including assumptions as to future events),
(II) unreasonably relies on representations, statements, findings, or agreements of the taxpayer or any other person,
(III) does not identify and consider all relevant facts, or
(IV) fails to meet any other requirement as the Secretary may prescribe.
(Added
Editorial Notes
Codification
Section 1409(c) of
Section 1219(a)(3), (c)(2) of
Amendments
2022—Subsec. (c)(2).
2015—Subsec. (a).
2010—Subsec. (c)(2) to (4).
Subsec. (c)(4)(A).
Subsec. (d)(2), (3).
Subsec. (d)(4).
2006—Subsec. (c)(2).
Subsec. (c)(3)(B), (C).
"(B)
"(C)
See Codification note above.
2004—Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2015 Amendment
"(A) returns filed after the date of the enactment of this Act [Dec. 18, 2015], and
"(B) returns filed on or before such date if the period specified in section 6501 of the Internal Revenue Code of 1986 for assessment of the taxes with respect to which such return relates has not expired as of such date."
Effective Date of 2010 Amendment
Amendment by section 1409(c)(1) of
Amendment by section 1409(c)(2) of
Effective Date of 2006 Amendment
Amendment by section 1219(a)(3) of
Amendment by section 1219(c)(2) of
Effective Date of 2004 Amendment
Amendment by
Effective Date
Section applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1989, see section 7721(d) of