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26 U.S.C. § 31Tax withheld on wages

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 266 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets you use tax withheld from your paycheck as a credit against your income tax. It also covers a special credit for certain social security tax refunds. And it covers a rule for backup withholding, crediting it the year you actually receive the income.

(a) Wage withholding for income tax purposes: (1) In general: Any tax withheld from your wages under chapter 24 counts as a credit against your income tax. This lowers what you owe. (2) Year of credit: You claim this credit for the tax year that begins in the same calendar year the money was withheld. If more than one of your tax years starts in that calendar year, you claim the credit in the last one that starts. (b) Credit for special refunds of social security tax: (1) In general: The Secretary can write regulations letting you credit, against your income tax, a special social security refund amount you or the Secretary calculated under section 6413(c). Under those regulations, this amount counts as though it were tax withheld from your wages under section 3402. (2) Year of credit: Just like in subsection (a), you claim this credit for the tax year beginning in the calendar year you received the wages. If more than one tax year starts in that calendar year, you use the last one. (c) Special rule for backup withholding: If tax was taken from your income under the "backup withholding" rules in section 3406, you can claim that as a credit under subsection (a). You claim it for the tax year in which you actually received the income.
the actual law source: uscode.house.gov ↗public domain
(a) Wage withholding for income tax purposes
(1) In general

The amount withheld as tax under chapter 24 shall be allowed to the recipient of the income as a credit against the tax imposed by this subtitle.

(2) Year of credit

The amount so withheld during any calendar year shall be allowed as a credit for the taxable year beginning in such calendar year. If more than one taxable year begins in a calendar year, such amount shall be allowed as a credit for the last taxable year so beginning.

(b) Credit for special refunds of social security tax
(1) In general

The Secretary may prescribe regulations providing for the crediting against the tax imposed by this subtitle of the amount determined by the taxpayer or the Secretary to be allowable under section 6413(c) as a special refund of tax imposed on wages. The amount allowed as a credit under such regulations shall, for purposes of this subtitle, be considered an amount withheld at source as tax under section 3402.

(2) Year of credit

Any amount to which paragraph (1) applies shall be allowed as a credit for the taxable year beginning in the calendar year during which the wages were received. If more than one taxable year begins in the calendar year, such amount shall be allowed as a credit for the last taxable year so beginning.

(c) Special rule for backup withholding

Any credit allowed by subsection (a) for any amount withheld under section 3406 shall be allowed for the taxable year of the recipient of the income in which the income is received.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 12; Pub. L. 94–455, title XIX, § 1906(b)(13)(D), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–248, title III, §§ 302(a), 308(a), Sept. 3, 1982, 96 Stat. 585, 591; Pub. L. 97–354, § 3(i)(4), Oct. 19, 1982, 96 Stat. 1691; Pub. L. 97–448, title III, § 306(b)(1), Jan. 12, 1983, 96 Stat. 2405; Pub. L. 98–67, title I, §§ 102(a), 104(d)(2), Aug. 5, 1983, 97 Stat. 369, 379; Pub. L. 98–369, div. A, title IV, § 471(c), title VII, § 714(j)(2), July 18, 1984, 98 Stat. 826, 962.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1982Amended · Pub. L. 97-248 · 96 Stat. 585, 591
  • 1982Amended · Pub. L. 97-354 · 96 Stat. 1691
  • 1983Amended · Pub. L. 97-448 · 96 Stat. 2405
  • 1983Amended · Pub. L. 98-67 · 97 Stat. 369, 379
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 826, 962

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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