26 U.S.C. § 6414 — Income tax withheld

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 58 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law limits tax refunds for overpaid withholding under chapter 24, or chapters 3 and 4. Only the employer or withholding agent, whichever applies, can get the refund. They can only recover the part they did not actually deduct and withhold themselves.

This section deals with tax that was overpaid. The tax was withheld under chapter 24, or under chapter 3 or 4 of this title.

If too much tax was paid, this section decides who gets a refund or a credit. The refund or credit goes to the employer or to the withholding agent, whichever applies. The phrase "as the case may be" shows that only one of these two parties, not both, receives the refund or credit in a given case.

There is a limit on this refund or credit. It applies only to the part of the overpayment that the employer or withholding agent did not actually deduct and withhold. If the employer or agent did deduct and withhold that amount, they cannot get a refund or credit for it under this section.

facts

- Codified at 26 U.S.C. § 6414, titled "Income tax withheld," within the Internal Revenue Code. - Original enactment: Act of Aug. 16, 1954, ch. 736, 68A Stat. 798. - Amended once, by Pub. L. 111–147, title V, § 501(c)(1), Mar. 18, 2010, 124 Stat. 106. - Body text is 58 words long, addressing overpayments under chapters 24, 3, or 4. - Source credit contains two legislative references (1954 enactment and 2010 amendment).

the actual law source: uscode.house.gov ↗public domain

In the case of an overpayment of tax imposed by chapter 24, or by chapter 3 or 4, refund or credit shall be made to the employer or to the withholding agent, as the case may be, only to the extent that the amount of such overpayment was not deducted and withheld by the employer or withholding agent.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 798; Pub. L. 111–147, title V, § 501(c)(1), Mar. 18, 2010, 124 Stat. 106.)

history & why it existsrecord from the source credit

1954Enacted · Act of Aug. 16, 1954, ch. 736
2010Amended · Pub. L. 111-147 · 124 Stat. 106

The record shows that this section was enacted as part of the Internal Revenue Code of 1954, established by the Act of August 16, 1954, chapter 736, 68A Stat. 798. The source credit indicates one subsequent amendment, made by Public Law 111–147, title V, § 501(c)(1), on March 18, 2010, which appears in 124 Stat. 106. Beyond this single amendment, the record does not detail further legislative revisions to the section. The 1954 enactment was part of a comprehensive recodification of the federal tax laws, commonly understood as an effort by Congress to reorganize and clarify the Internal Revenue Code in its entirety. Provisions concerning withholding and refund procedures, such as this one, are generally understood to address administrative questions arising from the employer-based withholding system—specifically, ensuring that refunds for overpayments are directed appropriately when withholding agents remit more than what was actually withheld from a taxpayer. The 2010 amendment coincides with Public Law 111–147, known in general public history as the Hiring Incentives to Restore Employment (HIRE) Act, which included tax-related provisions addressing withholding and information reporting, among other matters. However, the record here does not establish the specific legislative purpose behind the particular amendment to this section, and no further detail should be inferred beyond what the source credit reflects.

all 0 arguments · sorted by: best

no arguments yet — make the first case