26 U.S.C. § 6161 — Extension of time for paying tax
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 602 words · no verdicts yet
The Secretary may extend tax-payment deadlines in several situations, subject to different time limits and conditions. The section covers tax shown on returns, deficiencies, bankruptcy or receivership claims, and cross-references security and other postponement rules.
(a)(1) Unless title 26 says otherwise, the Secretary* may extend payment of tax shown or required on a return or declaration, including an installment, for a reasonable period up to six months, or 12 months for estate tax, from the due date. The extension may be longer for a taxpayer* abroad. (2) For reasonable cause, the Secretary may extend payment of estate tax determined by an executor, or an installment under section 6166 including a prorated deficiency*, for up to 10 years from the section 6151(a) due date, subject to the later deadline stated for a final installment. (b)(1) By regulation, the Secretary may extend a chapter 1, 12, 41, 42, 43, or 44 deficiency for up to 18 months, and exceptionally another 12 months, only if payment on the due date would cause undue hardship to the taxpayer or, for chapter 12, the donor. (2) For reasonable cause, an estate-tax deficiency may be extended up to four years. (3) No extension is allowed for a deficiency caused by negligence, intentional disregard of rules or regulations, or fraud intended to evade tax. (c) An unpaid tax claim under chapter 1 or 12 allowed in bankruptcy or receivership may receive an extension under the same method, conditions, and limits as a deficiency under (b). (d) Cross-references: section 6503(d) concerns limitation periods; section 6165 concerns security; section 7508 concerns war; and section 7508A concerns a presidentially declared disaster or terrorist or military action.
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.
The Secretary may, for reasonable cause, extend the time for payment of—
any part of the amount determined by the executor as the tax imposed by chapter 11, or
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).
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 chapter 1, 12, 41, 42, 43, or 44 for a period not to exceed 18 months from the date fixed for the payment of the deficiency, and in exceptional cases, for a further period not to exceed 12 months. An extension under this paragraph may be granted only where it is shown to the satisfaction of the Secretary that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer in the case of a tax imposed by chapter 1, 41, 42, 43, or 44, or to the donor in the case of a tax imposed by chapter 12.
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 chapter 11 for a reasonable period not to exceed 4 years from the date otherwise fixed for the payment of the deficiency.
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.
Extensions of time for payment of any portion of a claim for tax under chapter 1 or chapter 12, allowed in cases under title 11 of the United States Code or in receivership proceedings, which is unpaid, may be had in the same manner and subject to the same provisions and limitations as provided in subsection (b) in respect of a deficiency in such tax.
For extension of the period of limitation in case of an extension under subsection (a)(2) or subsection (b)(2), see section 6503(d).
For authority of the Secretary to require security in case of an extension under subsection (a)(2) or subsection (b), see section 6165.
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.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 762; Pub. L. 85–866, title II, § 206(c), Sept. 2, 1958, 72 Stat. 1684; Pub. L. 91–172, title I, § 101(j)(37), Dec. 30, 1969, 83 Stat. 530; Pub. L. 91–614, title I, § 101(h), Dec. 31, 1970, 84 Stat. 1838; Pub. L. 93–406, title II, § 1016(a)(7), Sept. 2, 1974, 88 Stat. 929; Pub. L. 94–455, title XIII, § 1307(d)(2)(C), title XVI, § 1605(b)(3), title XIX, § 1906(b)(13)(A), title XX, § 2004(c)(1), (2), Oct. 4, 1976, 90 Stat. 1727, 1754, 1834, 1867, 1868; Pub. L. 96–223, title I, § 101(f)(1)(H), Apr. 2, 1980, 94 Stat. 252; Pub. L. 96–589, § 6(i)(8), Dec. 24, 1980, 94 Stat. 3410; Pub. L. 97–34, title IV, § 422(e)(1), Aug. 13, 1981, 95 Stat. 316; Pub. L. 100–418, title I, § 1941(b)(2)(B)(viii), Aug. 23, 1988, 102 Stat. 1323; Pub. L. 107–134, title I, § 112(d)(3), Jan. 23, 2002, 115 Stat. 2435.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1958Amended · Pub. L. 85-866 · 72 Stat. 1684
- 1969Amended · Pub. L. 91-172 · 83 Stat. 530
- 1970Amended · Pub. L. 91-614 · 84 Stat. 1838
- 1974Amended · Pub. L. 93-406 · 88 Stat. 929
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1727, 1754, 1834, 1867, 1868
- 1980Amended · Pub. L. 96-223 · 94 Stat. 252
- 1980Amended · Pub. L. 96-589 · 94 Stat. 3410
- 1981Amended · Pub. L. 97-34 · 95 Stat. 316
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1323
- 2002Amended · Pub. L. 107-134 · 115 Stat. 2435
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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