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26 U.S.C. § 4963Definitions

submitted 46 years ago by Pub. L. 96-596 to r/title-26-INTERNAL-REVENUE-CODE · 426 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines first-tier tax, second-tier tax, taxable event, correction, and correction period. It gives special correction rules and special dates for certain events.

(a) “First-tier tax” means tax under subsection (a) of sections 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975. (b) “Second-tier tax” means tax under subsection (b) of sections 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4971, or 4975. (c) “Taxable event” means an act or failure to act creating liability under those listed sections. (d)(1) “Correct” has the meaning in the section imposing the second-tier tax. (2) For section 4942(b), it means reducing undistributed income to zero; for section 4943(b), excess business holdings to zero; and for section 4944, removing the investment from jeopardy. (e)(1) “Correction period” begins when the event occurs and ends 90 days after mailing the section 6212 deficiency notice, extended by any section 6213(a) assessment bar and any other period the Secretary finds reasonable and necessary. (2) The event is treated as occurring, for section 4942, on the first day of the year with undistributed income; for section 4943, on the first day of excess holdings; for section 4971, on the last day of the plan year with a deficiency; and otherwise when it occurred.
the actual law source: uscode.house.gov ↗public domain
(a) First tier tax

For purposes of this subchapter, the term “first tier tax” means any tax imposed by subsection (a) of section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975.

(b) Second tier tax

For purposes of this subchapter, the term “second tier tax” means any tax imposed by subsection (b) of section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4971, or 4975.

(c) Taxable event

For purposes of this subchapter, the term “taxable event” means any act (or failure to act) giving rise to liability for tax under section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975.

(d) Correct

For purposes of this subchapter—

(1) In general

Except as provided in paragraph (2), the term “correct” has the same meaning as when used in the section which imposes the second tier tax.

(2) Special rules

The term “correct” means—

(A)

in the case of the second tier tax imposed by section 4942(b), reducing the amount of the undistributed income to zero,

(B)

in the case of the second tier tax imposed by section 4943(b), reducing the amount of the excess business holdings to zero, and

(C)

in the case of the second tier tax imposed by section 4944, removing the investment from jeopardy.

(e) Correction period

For purposes of this subchapter—

(1) In general

The term “correction period” means, with respect to any taxable event, the period beginning on the date on which such event occurs and ending 90 days after the date of mailing under section 6212 of a notice of deficiency with respect to the second tier tax imposed on such taxable event, extended by—

(A)

any period in which a deficiency cannot be assessed under section 6213(a) (determined without regard to the last sentence of section 4961(b)), and

(B)

any other period which the Secretary determines is reasonable and necessary to bring about correction of the taxable event.

(2) Special rules for when taxable event occurs

For purposes of paragraph (1), the taxable event shall be treated as occurring—

(A)

in the case of section 4942, on the first day of the taxable year for which there was a failure to distribute income,

(B)

in the case of section 4943, on the first day on which there are excess business holdings,

(C)

in the case of section 4971, on the last day of the plan year in which there is an accumulated funding deficiency, and

(D)

in any other case, the date on which such event occurred.

Source credit: (Added Pub. L. 96–596, § 2(c)(1), Dec. 24, 1980, 94 Stat. 3473, § 4962; renumbered § 4963, Pub. L. 98–369, div. A, title III, § 305(a), July 18, 1984, 98 Stat. 783; amended Pub. L. 100–203, title X, § 10712(b)(3), Dec. 22, 1987, 101 Stat. 1330–467; Pub. L. 104–168, title XIII, § 1311(c)(2), July 30, 1996, 110 Stat. 1478; Pub. L. 109–280, title XII, § 1231(b)(1), Aug. 17, 2006, 120 Stat. 1098.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-596 · 94 Stat. 3473
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 783
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1996Amended · Pub. L. 104-168 · 110 Stat. 1478
  • 2006Amended · Pub. L. 109-280 · 120 Stat. 1098

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-596 on 1980-12-24.

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