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26 U.S.C. § 6091 — Place for filing returns or other documents

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 666 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must set filing locations by regulation when the title does not provide one. The section gives default locations and exceptions for individual, corporate, estate-tax, hand-carried, and certain other returns.

(a) General rule. When this title does not otherwise provide a filing location, the Secretary must set by regulation where any return, declaration, statement, other document, or copies of any of them required by this title or by regulations must be filed.

(b) Tax returns. For returns of tax required under part II of this subchapter: (1) Persons other than corporations. (A) General rule. Unless subparagraph (B) applies, a return other than a corporation return must be filed with the Secretary: (i) in the internal revenue district where the person filing the return has a legal residence or principal place of business; or (ii) at a service center serving that district, if the Secretary designates one by regulation. (B) Exception. Returns of: (i) people with no legal residence or principal place of business in an internal revenue district; (ii) United States citizens whose principal place of abode during the period covered by the return is outside the United States; (iii) people claiming benefits under section 911, 931, or 933; (iv) nonresident aliens; and (v) people for whom an assessment was made under section 6851(a) or 6852(a) for the taxable year must be filed at a place the Secretary designates by regulation. (2) Corporations. (A) General rule. Unless subparagraph (B) applies, a corporation’s return must be filed with the Secretary: (i) in the internal revenue district where the corporation has its principal place of business or principal office or agency; or (ii) at a service center serving that district, if the Secretary designates one by regulation. (B) Exception. Returns of: (i) corporations with no principal place of business or principal office or agency in an internal revenue district; (ii) foreign corporations; and (iii) corporations for which an assessment was made under section 6851(a) for the taxable year must be filed at a place the Secretary designates by regulation. (3) Estate-tax returns. (A) General rule. Unless subparagraph (B) applies, an estate-tax return required under section 6018 must be filed with the Secretary: (i) in the internal revenue district where the decedent was domiciled when the decedent died; or (ii) at a service center serving that district, if the Secretary designates one by regulation. (B) Exception. If the decedent was not domiciled in an internal revenue district, or had no domicile, the estate-tax return required under section 6018 must be filed at a place the Secretary designates by regulation. (4) Hand-carried returns. Despite paragraphs (1), (2), and (3), a return that would otherwise be covered by paragraph (1)(A), (2)(A), or (3)(A), but that is hand-carried to the Secretary, must be filed under the Secretary’s regulations in the internal revenue district identified in paragraph (1)(A)(i), (2)(A)(i), or (3)(A)(i), as applicable. (5) Exceptional cases. Despite paragraphs (1), (2), (3), and (4), the Secretary may allow a return to be filed in any internal revenue district. The Secretary may also require any Treasury Department officer or employee to file a return in any internal revenue district the Secretary selects. (6) Alcohol, tobacco, and firearms returns, etc. For a return of tax imposed by section 4181 or subtitle E, subsection (a) applies, and this subsection does not.

the actual law source: uscode.house.gov ↗public domain
(a) General rule

When not otherwise provided for by this title, the Secretary shall by regulations prescribe the place for the filing of any return, declaration, statement, or other document, or copies thereof, required by this title or by regulations.

(b) Tax returns

In the case of returns of tax required under authority of part II of this subchapter—

(1) Persons other than corporations
(A) General rule

Except as provided in subparagraph (B), a return (other than a corporation return) shall be made to the Secretary—

(i)

in the internal revenue district in which is located the legal residence or principal place of business of the person making the return, or

(ii)

at a service center serving the internal revenue district referred to in clause (i),

as the Secretary may by regulations designate.

(B) Exception

Returns of—

(i)

persons who have no legal residence or principal place of business in any internal revenue district,

(ii)

citizens of the United States whose principal place of abode for the period with respect to which the return is filed is outside the United States,

(iii)

persons who claim the benefits of section 911 (relating to citizens or residents of the United States living abroad), section 931 (relating to income from sources within Guam, American Samoa, or the Northern Mariana Islands), or section 933 (relating to income from sources within Puerto Rico),

(iv)

nonresident alien persons, and

(v)

persons with respect to whom an assessment was made under section 6851(a) or 6852(a) (relating to termination assessments) with respect to the taxable year,

shall be made at such place as the Secretary may by regulations designate.

(2) Corporations
(A) General rule

Except as provided in subparagraph (B), a return of a corporation shall be made to the Secretary—

(i)

in the internal revenue district in which is located the principal place of business or principal office or agency of the corporation, or

(ii)

at a service center serving the internal revenue district referred to in clause (i), as the Secretary may by regulations designate.

(B) Exception

Returns of—

(i)

corporations which have no principal place of business or principal office or agency in any internal revenue district,

(ii)

foreign corporations, and

(iii)

corporations with respect to which an assessment was made under section 6851(a) (relating to termination assessments) with respect to the taxable year,

shall be made at such place as the Secretary may by regulations designate.

(3) Estate tax returns
(A) General rule

Except as provided in subparagraph (B), returns of estate tax required under section 6018 shall be made to the Secretary—

(i)

in the internal revenue district in which was the domicile of the decedent at the time of his death, or

(ii)

at a service center serving the internal revenue district referred to in clause (i), as the Secretary may by regulations designate.

(B) Exception

If the domicile of the decedent was not in an internal revenue district, or if he had no domicile, the estate tax return required under section 6018 shall be made at such place as the Secretary may by regulations designate.

(4) Hand-carried returns

Notwithstanding paragraph (1), (2), or (3), a return to which paragraph (1)(A), (2)(A), or (3)(A) would apply, but for this paragraph, which is made to the Secretary by handcarrying shall, under regulations prescribed by the Secretary, be made in the internal revenue district referred to in paragraph (1)(A)(i), (2)(A)(i), or (3)(A)(i), as the case may be.

(5) Exceptional cases

Notwithstanding paragraph (1), (2), (3), or (4) of this subsection, the Secretary may permit a return to be filed in any internal revenue district, and may require the return of any officer or employee of the Treasury Department to be filed in any internal revenue district selected by the Secretary.

(6) Alcohol, tobacco, and firearms returns, etc.

In the case of any return of tax imposed by section 4181 or subtitle E (relating to taxes on alcohol, tobacco, and firearms), subsection (a) shall apply (and this subsection shall not apply).

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 752; Pub. L. 89–713, § 1(a), Nov. 2, 1966, 80 Stat. 1107; Pub. L. 91–614, title I, § 101(i), Dec. 31, 1970, 84 Stat. 1838; Pub. L. 94–455, title X, §§ 1051(h)(4), 1052(c)(6), 1053(d)(4), title XII, § 1204(c)(3), title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1647, 1648, 1649, 1697, 1834; Pub. L. 95–615, §§ 202(g)(5), formerly § 202(f)(5), 207(b), Nov. 8, 1978, 92 Stat. 3100, 3108, renumbered § 202(g)(5), Pub. L. 96–222, title I, § 108(a)(1)(A), Apr. 1, 1980, 94 Stat. 223; Pub. L. 97–34, title I, §§ 111(b)(3), 112(b)(6), Aug. 13, 1981, 95 Stat. 194, 195; Pub. L. 99–514, title XII, § 1272(d)(10), title XVIII, § 1879(r)(1), Oct. 22, 1986, 100 Stat. 2594, 2912; Pub. L. 100–203, title X, § 10713(b)(2)(A), Dec. 22, 1987, 101 Stat. 1330–470; Pub. L. 101–239, title VII, § 7841(f), Dec. 19, 1989, 103 Stat. 2429; Pub. L. 115–141, div. U, title IV, § 401(a)(266), (d)(1)(D)(xviii), Mar. 23, 2018, 132 Stat. 1197, 1208.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1966Amended · Pub. L. 89-713 · 80 Stat. 1107
  • 1970Amended · Pub. L. 91-614 · 84 Stat. 1838
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1647, 1648, 1649, 1697, 1834
  • 1978Amended · Pub. L. 95-615 · 92 Stat. 3100, 3108
  • 1981Amended · Pub. L. 97-34 · 95 Stat. 194, 195
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2594, 2912
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2429
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1197, 1208

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

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