 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 26. INTERNAL REVENUE CODE |
|
SubTitle F. Procedure and Administration |
|
Chapter 66. LIMITATIONS |
|
SubChapter A. Limitations on Assessment and Collection |
§ 6503. Suspension of running of period of limitation
-
(a) Issuance of statutory notice of deficiency (1) General rule The running of the period of limitations provided in section 6501 or 6502 (or section 6229, but only with respect to a deficiency described in paragraph (2)(A) or (3) of section 6230(a)). on the making of assessments or the collection by levy or a proceeding in court, in respect of any deficiency as defined in section 6211 (relating to income, estate, gift and certain excise taxes), shall (after the mailing of a notice under section 6212(a)) be suspended for the period during which the Secretary is prohibited from making the assessment or from collecting by levy or a proceeding in court (and in any event, if a proceeding in respect of the deficiency is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter.
(2) Corporation joining in consolidated income tax return If a notice under section 6212(a) in respect of a deficiency in tax imposed by subtitle A for any taxable year is mailed to a corporation, the suspension of the running of the period of limitations provided in paragraph (1) of this subsection shall apply in the case of corporations with which such corporation made a consolidated income tax return for such taxable year.
(b) Assets of taxpayer in control or custody of court The period of limitations on collection after assessment prescribed in section 6502 shall be suspended for the period the assets of the taxpayer are in the control or custody of the court in any proceeding before any court of the United States or of any State or of the District of Columbia, and for 6 months thereafter.
(c) Taxpayer outside United States The running of the period of limitations on collection after assessment prescribed in section 6502 shall be suspended for the period during which the taxpayer is outside the United States if such period of absence is for a continuous period of at least 6 months. If the preceding sentence applies and at the time of the taxpayer’s return to the United States the period of limitations on collection after assessment prescribed in section 6502 would expire before the expiration of 6 months from the date of his return, such period shall not expire before the expiration of such 6 months.
(d) Extensions of time for payment of estate tax The running of the period of limitation for collection of any tax imposed by chapter 11 shall be suspended for the period of any extension of time for payment granted under the provisions of section 6161(a)(2) or (b)(2) or under the provisions of section 6163 or 6166.
(e) Extensions of time for payment of tax attributable to recoveries of foreign expropriation losses The running of the period of limitations for collection of the tax attributable to a recovery of a foreign expropriation loss (within the meaning of section 6167(f)) shall be suspended for the period of any extension of time for payment under subsection (a) or (b) of section 6167.
(f) Wrongful seizure of or lien on property of third party (1) Wrongful seizure The running of the period under section 6502 shall be suspended for a period equal to the period from the date property (including money) of a third party is wrongfully seized or received by the Secretary to the date the Secretary returns property pursuant to section 6343(b) or the date on which a judgment secured pursuant to section 7426 with respect to such property becomes final, and for 30 days thereafter. The running of such period shall be suspended under this paragraph only with respect to the amount of such assessment equal to the amount of money or the value of specific property returned.
(2) Wrongful lien In the case of any assessment for which a lien was made on any property, the running of the period under section 6502 shall be suspended for a period equal to the period beginning on the date any person becomes entitled to a certificate under section 6325(b)(4) with respect to such property and ending on the date which is 30 days after the earlier of— (A) the earliest date on which the Secretary no longer holds any amount as a deposit or bond provided under section 6325(b)(4) by reason of such deposit or bond being used to satisfy the unpaid tax or being refunded or released; or (B) the date that the judgment secured under section 7426(b)(5) becomes final. The running of such period shall be suspended under this paragraph only with respect to the amount of such assessment equal to the value of the interest of the United States in the property plus interest, penalties, additions to the tax, and additional amounts attributable thereto. (g) Suspension pending correction The running of the periods of limitations provided in sections 6501 and 6502 on the making of assessments or the collection by levy or a proceeding in court in respect of any tax imposed by chapter 42 or section 507, 4971, or 4975 shall be suspended for any period described in section 507(g)(2) or during which the Secretary has extended the time for making correction under section 4963(e).
(h) Cases under title 11 of the United States Code The running of the period of limitations provided in section 6501 or 6502 on the making of assessments or collection shall, in a case under title 11 of the United States Code, be suspended for the period during which the Secretary is prohibited by reason of such case from making the assessment or from collecting and— (1) for assessment, 60 days thereafter, and (2) for collection, 6 months thereafter. (i) Extension of time for payment of undistributed PFIC earnings tax liability The running of any period of limitations for collection of any amount of undistributed PFIC earnings tax liability (as defined in section 1294(b)) shall be suspended for the period of any extension of time under section 1294 for payment of such amount.
(j) Extension in case of certain summonses (1) In general If any designated summons is issued by the Secretary to a corporation (or to any other person to whom the corporation has transferred records) with respect to any return of tax by such corporation for a taxable year (or other period) for which such corporation is being examined under the coordinated examination program (or any successor program) of the Internal Revenue Service, the running of any period of limitations provided in section 6501 on the assessment of such tax shall be suspended— (A) during any judicial enforcement period— (i) with respect to such summons, or (ii) with respect to any other summons which is issued during the 30-day period which begins on the date on which such designated summons is issued and which relates to the same return as such designated summons, and (B) if the court in any proceeding referred to in paragraph (3) requires any compliance with a summons referred to in subparagraph (A), during the 120-day period beginning with the 1st day after the close of the suspension under subparagraph (A). If subparagraph (B) does not apply, such period shall in no event expire before the 60th day after the close of the suspension under subparagraph (A). (2) Designated summons For purposes of this subsection— (A) In general The term “designated summons” means any summons issued for purposes of determining the amount of any tax imposed by this title if— (i) the issuance of such summons is preceded by a review of such issuance by the regional counsel of the Office of Chief Counsel for the region in which the examination of the corporation is being conducted, (ii) such summons is issued at least 60 days before the day on which the period prescribed in section 6501 for the assessment of such tax expires (determined with regard to extensions), and (iii) such summons clearly states that it is a designated summons for purposes of this subsection. (B) Limitation A summons which relates to any return shall not be treated as a designated summons if a prior summons which relates to such return was treated as a designated summons for purposes of this subsection.
(3) Judicial enforcement period For purposes of this subsection, the term “judicial enforcement period” means, with respect to any summons, the period— (A) which begins on the day on which a court proceeding with respect to such summons is brought, and (B) which ends on the day on which there is a final resolution as to the summoned person’s response to such summons. (k) Cross references For suspension in case of— (1) Deficiency dividends of a personal holding company, see section 547(f). (2) Receiverships, see subchapter B of chapter 70. (3) Claims against transferees and fiduciaries, see chapter 71. (4) Tax return preparers, see section 6694(c)(3). (5) Deficiency dividends in the case of a regulated investment company or a real estate investment trust, see section 860(h).
Codification
Pub. L. 94–452, § 3(b), redesignated subsec. (i), relating to cross references, as subsec. (j) and added a new subsec. (i), relating to extension of time for collecting certain taxes.
Pub. L. 95–455, § 1902(b)(2)(A), repealed subsec. (e) and (without reference to the amendment made by Pub. L. 94–452) renumbered subsecs. (f) to (i) as (e) to (h), with the result that the section was then comprised of subsecs. (a) to (h) and subsec. (j), relating to cross references.
Pub. L. 94–455, §§ 1203(h)(1), 1601(f)(2), and Pub. L. 95–600, § 362(d)(5), amended the subsection relating to cross references, such subsection being described as either (h) or (i).
Pub. L. 96–596, § 2(a)(4)(E) and (F), redesignated subsec. (j), relating to cross references, as subsec. (i) and provided that the above cited amendments by Pub. L. 94–455 and Pub. L. 95–600 shall be deemed to have been amendments of the redesignated subsec. (i).
Pub. L. 96–589 again redesignated subsec. (i), relating to cross references, as subsec. (j) and added a new subsec. (i), relating to cases under title 11.
Amendments
2007—Subsec. (k)(4). Pub. L. 110–28 substituted “Tax return preparers” for “Income tax return preparers”.
1998—Subsec. (f). Pub. L. 105–206 amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “The running of the period of limitations on collection after assessment prescribed in section 6502 shall be suspended for a period equal to the period from the date property (including money) of a third party is wrongfully seized or received by the Secretary to the date the Secretary returns property pursuant to section 6343(b) or the date on which a judgment secured pursuant to section 7426 with respect to such property becomes final, and for 30 days thereafter. The running of the period of limitations on collection after assessment shall be suspended under this subsection only with respect to the amount of such assessment equal to the amount of money or the value of specific property returned.”
1997—Subsec. (a)(1). Pub. L. 105–34 substituted “paragraph (2)(A) or (3) of section 6230(a)” for “section 6230(a)(2)(A)”.
1996—Subsec. (j). Pub. L. 104–188, § 1702(h)(17)(A), which directed that the subsection relating to extension in case of certain summonses be redesignated as (j), could not be executed, because that subsection (formerly subsec. (k)) was previously redesignated (j) by Pub. L. 101–508, § 11801(c)(20)(A). See 1990 Amendment note below.
Pub. L. 104–168, § 1002(c), which directed that subsec. (k) be redesignated as (j), could not be executed, because that subsection was redesignated (j) by Pub. L. 101–508, § 11801(c)(20)(A). See 1990 Amendment note below.
Subsec. (j)(1). Pub. L. 104–168, § 1002(b), which directed substitution of “to a corporation (or to any other person to whom the corporation has transferred records) with respect to any return of tax by such corporation for a taxable year (or other period) for which such corporation is being examined under the coordinated examination program (or any successor program) of the Internal Revenue Service” for “with respect to any return of tax by a corporation” in subsec. (k)(1), was executed by making the substitution in subsec. (j)(1) to reflect the probable intent of Congress and the amendment by Pub. L. 101–508, § 11801(c)(20)(A), which redesignated subsec. (k) as (j). See 1990 Amendment note below.
Subsec. (j)(2)(A). Pub. L. 104–168, § 1002(a), which directed addition of cl. (i) and redesignation of former cls. (i) and (ii) as (ii) and (iii), respectively, in subsec. (k)(2)(A), was executed by making the amendment in subsec. (j)(2)(A) to reflect the probable intent of Congress and the amendment by Pub. L. 101–508, § 11801(c)(20)(A), which redesignated subsec. (k) as (j). See 1990 Amendment note below.
Subsec. (k). Pub. L. 104–188, § 1702(h)(17)(B), redesignated the subsection relating to cross references (subsec. (l)) as (k).
Pub. L. 104–188, § 1702(h)(17)(A), which directed that the subsection relating to extension in case of certain summonses be redesignated as (j), could not be executed, because that subsection (formerly subsec. (k)) was previously redesignated (j) by Pub. L. 101–508, § 11801(c)(20)(A). See 1990 Amendment note below.
Pub. L. 104–168, § 1002(c), which directed that subsec. (k) be redesignated as (j), could not be executed, because that subsection was redesignated (j) by Pub. L. 101–508, § 11801(c)(20)(A). See 1990 Amendment note below.
Subsec. (l). Pub. L. 104–188, § 1702(h)(17)(B), redesignated the subsection relating to cross references (subsec. (l)) as (k).
Pub. L. 104–168, § 1002(c), which directed that subsec. (l) be redesignated as (k), could not be executed, because that subsection was redesignated (k) by Pub. L. 104–188, § 1702(h)(17). See above and see Effective Date of 1996 Amendments note below.
1990—Subsecs. (h) to (j). Pub. L. 101–508, § 11801(c)(20)(A), redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out former subsec. (h) “Extension of time for collecting tax attributable to divestitures pursuant to Bank Holding Company Act Amendments of 1970” which read as follows: “The running of the period of limitations for collection of the tax attributable to a sale with respect to which the taxpayer makes an election under section 6158(a) shall be suspended for the period during which there are any unpaid installments of such tax.”
Subsec. (k). Pub. L. 101–508, § 11801(c)(20)(A), redesignated subsec. (k) as (j).
Pub. L. 101–508, § 11311(a), added subsec. (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 101–508, § 11311(a), redesignated subsec. (k) as (l).
1987—Subsec. (g). Pub. L. 100–203 struck out “4951, 4952,” before “4971”.
1986—Subsec. (a)(1). Pub. L. 99–514, § 1875(d)(2)(B)(ii), substituted “section 6501 or 6502 (or section 6229, but only with respect to a deficiency described in section 6230(a)(2)(A)).” for “section 6501 or 6502”.
Subsecs. (j), (k). Pub. L. 99–514, § 1235(d), added subsec. (j) and redesignated former subsec. (j) as (k).
1984—Subsec. (g). Pub. L. 98–369 substituted “section 4963(e)” for “section 4962(e)”.
1981—Subsec. (d). Pub. L. 97–34 struck out reference to section 6166A.
1980—Subsec. (g). Pub. L. 96–596, § 2(a)(4)(D), substituted “section 4962(e)” for “section 4941(e)(4), 4942(j)(2), 4943(d)(3), 4944(e)(3), 4945(i)(2), 4951(e)(4), 4952(e)(2), 4971(c)(3), or 4975(f)(6)”.
Pub. L. 96–222 substituted “4951, 4952, 4971, or 4975” for “4971, 4975, 4985, or 4986” and “4951(e)(4), 4952(e)(2), 4971(c)(3), or 4975(f)(6)” for “4971(c)(3), 4975(f)(6), 4985(e)(4), or 4986(e)(2)”.
Subsec. (i). Pub. L. 96–589, § 6(a), added subsec. (i) and redesignated former subsec. (i), relating to cross references, as (j). See Codification note set out above.
Pub. L. 96–596, § 2(a)(4)(E), redesignated subsec. (j), relating to cross references, as (i). See Codification note set out above.
Subsec. (j). Pub. L. 96–589, § 6(a), (i)(11), redesignated former subsec. (i), relating to cross references, as (j), and in par. (2) of subsec. (j) as so redesignated, struck out reference to bankruptcy. See Codification note set out above.
Pub. L. 96–596, § 2(a)(4)(E), redesignated former subsec. (j), relating to cross references, as (i). See Codification note set out above.
1978—Subsec. (g). Pub. L. 95–227 inserted provisions relating to sections 4985 and 4986 and substituted “4975(f)(6)” for “4975(f)(4)”.
Subsec. (j)(5). Pub. L. 95–600, as amended by Pub. L. 96–596, § 2(a)(4)(E) and (F), substituted “in the case of a regulated investment company or a real estate investment trust, see section 860(h)” for “of a real estate investment trust, see section 859(f)”. See Codification note above.
1976—Subsec. (a). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (d). Pub. L. 94–455, § 2004(c)(4), substituted “section 6163, 6166, or 6166A” for “section 6166”.
Subsec. (e). Pub. L. 94–455, § 1902(b)(2)(A), redesignated subsec. (f) as (e). Former subsec. (e), which related to certain powers of appointment, was struck out.
Subsec. (f). Pub. L. 94–455, §§ 1902(b)(2)(A), 1906(b)(13)(A), redesignated subsec. (g) as (f), and struck out “or his delegate” after “Secretary” wherever appearing. Former subsec. (f) redesignated (e).
Subsec. (g). Pub. L. 94–455, §§ 1902(b)(2)(A), 1906(b)(13)(A), redesignated subsec. (h) as (g) and struck out “or his delegate” after “Secretary”. Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 94–455, § 1902(b)(2)(A), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). See Codification note above.
Subsec. (i). Pub. L. 94–455, § 1902(b)(2)(A), redesignated subsec. (i) as (h).
Pub. L. 94–452 added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 94–455, §§ 1203(h)(1), 1601(f)(2), as amended by Pub. L. 96–596, § 2(a)(4)(E), (F), added pars. (4) and (5). See Codification note set out above.
Pub. L. 94–452 redesignated former subsec. (i) as (j).
1974—Subsec. (a)(1). Pub. L. 93–406, § 1016(a)(15)(A), substituted “certain excise taxes)” for “chapter 42 taxes)”.
Subsec. (h). Pub. L. 93–406, § 1016(a)(15)(B), inserted “or section 4971 or section 4975” after “section 507” and substituted “4945(i)(2), 4971(c)(3), or 4975(f)(4)” for “or 4945(h)(2)”.
1969—Subsec. (a)(1). Pub. L. 91–172, § 101(j)(46), inserted reference to chapter 42 taxes.
Subsecs. (h), (i). Pub. L. 91–172, § 101(g)(4), added subsec. (h) and redesignated former subsec. (h) as (i).
1966—Subsec. (b). Pub. L. 89–719, § 106(a), struck out “(other than the estate of a decedent or of an incompetent)” after “assets of the taxpayer” and “or Territory” after “of any State”.
Subsec. (c). Pub. L. 89–719, § 106(b), substituted “Taxpayer outside United States” for “Location of property outside the United States or removal of property from the United States” in heading, and “The running of the period of limitations on collection after assessment prescribed in section 6502 shall be suspended for the period during which the taxpayer is outside the United States if such period of absence is for a continuous period of at least 6 months. If the preceding sentence applies and at the time of the taxpayer’s return to the United States the period of limitations on collection after assessment prescribed in section 6502 would expire before the expiration of 6 months from the date of his return, such period shall not expire before the expiration of such 6 months” for “In case collection is hindered or delayed because property of the taxpayer is situated or held outside the United States or is removed from the United States, the period of limitations on collection after assessment prescribed in section 6502 shall be suspended for the period collection is so hindered or delayed. The total suspension of time under this subsection shall not in the aggregate exceed 6 years.”
Subsec. (f). Pub. L. 89–384 added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 89–719, § 106(c), added subsec. (g) and redesignated former subsec. (g) as (h).
Pub. L. 89–384 redesignated subsec. (f) as (g).
Subsec. (h). Pub. L. 89–719, § 106(c), redesignated former subsec. (g) as (h).
1958—Subsec. (d). Pub. L. 85–866 struck out “assessment or” after “period of limitations for” and inserted “or under the provisions of section 6166”.
1956—Subsecs. (e), (f). Act
Effective Date Of Amendment
Amendment by Pub. L. 110–28 applicable to returns prepared after
Amendment by Pub. L. 105–34 effective as if included in the amendments made by section 402 of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97–248, see section 1237(d) of Pub. L. 105–34, set out as a note under section 6230 of this title.
Amendment by Pub. L. 104–188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, Pub. L. 101–508, title XI, to which such amendment relates, see section 1702(i) of Pub. L. 104–188, set out as a note under section 38 of this title.
Pub. L. 104–168, title X, § 1002(d),
Pub. L. 101–508, title XI, § 11311(b),
Amendment by Pub. L. 100–203 applicable to taxable years beginning after
Amendment by section 1235(d) of Pub. L. 99–514 applicable to taxable years of foreign corporations beginning after
Amendment by section 1875(d)(2)(B)(ii) of Pub. L. 99–514 effective as if included in the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97–248, see section 1875(d)(2)(C) of Pub. L. 99–514, set out as a note under section 6230 of this title.
Amendment by Pub. L. 98–369 applicable to taxable events occurring after
Amendment by Pub. L. 97–34 applicable to estates of decedents dying after
For effective date of amendment by Pub. L. 96–596 with respect to any first tier tax and to any second tier tax, see section 2(d) of Pub. L. 96–596, set out as an Effective Date note under section 4961 of this title.
Amendment by Pub. L. 96–589 effective
Amendment by Pub. L. 96–222 effective as if included in the provisions of the Black Lung Benefits Revenue Act of 1977, Pub. L. 95–227, see section 108(b)(4) of Pub. L. 96–222, set out as a note under section 192 of this title.
Amendment by Pub. L. 95–600 applicable with respect to determinations (as defined in section 860(e) of this title) after
Amendment by Pub. L. 95–227 applicable with respect to contributions, acts, and expenditures made after
Amendment by section 1203(h)(1) of Pub. L. 94–455 applicable to documents prepared after
For effective date of amendment by section 1601(f)(2) of Pub. L. 94–455, see section 1608(a) of Pub. L. 94–455, set out as a note under section 857 of this title.
Amendment by section 1902(b)(2)(A) of Pub. L. 94–455 applicable in the case of estates of decedents dying after
Amendment by section 2004(c)(4) of Pub. L. 94–455 applicable to estates of decedents dying after
Amendment by Pub. L. 94–452 effective
Amendment by Pub. L. 93–406 applicable, except as otherwise provided in section 1017(c) through (i) of Pub. L. 93–406, for plan years beginning after
Amendment by Pub. L. 91–172 effective
Amendment by Pub. L. 89–719 applicable after
Amendment by Pub. L. 89–384 applicable with respect to amounts received after
For effective date of amendment by Pub. L. 85–866, see section 206(f) of Pub. L. 85–866, set out as a note under section 6161 of this title.
Amendment by act
Savings
For provisions that nothing in amendment by section 11801(c)(20)(A) of Pub. 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
Miscellaneous
Pub. L. 104–168, title X, § 1003,
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 Pub. 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
Pub. L. 96–596, § 2(a)(4)(F),