Title 26Internal Revenue CodeRelease 119-73

§6091 Place for filing returns or other documents

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 61— - INFORMATION AND RETURNS › Subchapter Subchapter A— - Returns and Records › Part PART VII— - PLACE FOR FILING RETURNS OR OTHER DOCUMENTS › § 6091

Last updated Apr 6, 2026|Official source

Summary

The Secretary must make rules that say where to file any tax return, form, or other tax paper when the law does not already say where to send it. For tax returns under part II of this subchapter, most people (not corporations) should file in the internal revenue district where they live or have their main business, or at a service center that serves that district. Special cases that file elsewhere include people with no legal residence in any district; U.S. citizens who live abroad; people claiming benefits under sections 911, 931, or 933; nonresident aliens; and people who had a termination assessment under sections 6851(a) or 6852(a). Corporations generally file in the district of their main business or office (or the service center for that district), except for corporations with no principal place in any district, foreign corporations, and corporations with a section 6851(a) termination assessment. Estate tax returns under section 6018 go to the district where the decedent was domiciled when they died, or to a serving service center; if there was no domicile in any district, the Secretary will pick the place. If a return is hand-delivered, the rules require filing in the internal revenue district rather than a service center, under rules the Secretary makes. The Secretary may also allow filing in any district and may require Treasury officers or employees to file in a district the Secretary chooses. For taxes under section 4181 or subtitle E (alcohol, tobacco, and firearms), the general rule in the Secretary’s filing-place rules in subsection (a) applies instead of these rules.

Full Legal Text

Title 26, §6091

Internal Revenue Code — Source: USLM XML via OLRC

(a)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)In the case of returns of tax required under authority of part II of this subchapter—
(1)(A)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),
(B)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,
(2)(A)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)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,
(3)(A)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)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)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)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)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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (b)(2)(B)(ii). Pub. L. 115–141, § 401(d)(1)(D)(xviii), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “corporations which claim the benefits of section 936 (relating to possession tax credit),”. Pub. L. 115–141, § 401(a)(266), struck out “and” after “credit),”. Subsec. (b)(2)(B)(iii), (iv). Pub. L. 115–141, § 401(d)(1)(D)(xviii), redesignated cl. (iv) as (iii). Former cl. (iii) redesignated (ii). 1989—Subsec. (b)(6). Pub. L. 101–239 inserted “section 4181 or” before “subtitle E”. 1987—Subsec. (b)(1)(B)(v). Pub. L. 100–203 inserted reference to section 6852(a). 1986—Subsec. (b)(1)(B)(iii). Pub. L. 99–514, § 1272(d)(10), substituted “Guam, American Samoa, or the Northern Mariana Islands” for “possessions of the United States”. Subsec. (b)(6). Pub. L. 99–514, § 1879(r)(1), added par. (6). 1981—Subsec. (b)(1)(B)(iii). Pub. L. 97–34 substituted “section 911 (relating to citizens or residents of the United States living abroad)” for “section 911 (relating to income earned by employees in certain camps)” and struck out “section 913 (relating to deduction for certain expenses of living abroad)”. 1978—Subsec. (b)(1)(B)(iii). Pub. L. 95–615 substituted “(relating to income earned by employees in certain camps)” for “(relating to earned income from sources without the United States)” and inserted “section 913 (relating to deduction for certain expenses of living abroad),” before “section 931”. 1976—Subsec. (a). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (b)(1)(B). Pub. L. 94–455, §§ 1204(c)(3)(A), 1906(b)(13)(A), added cl. (v) and struck out in provision following cl. (v) “or his delegate” after “Secretary”. Subsec. (b)(2)(B). Pub. L. 94–455, § 1503(d)(4), in cl. (ii), struck out provision which permitted returns of a corporation claiming the benefits of section 941 of this title, relating to the special deduction for China Trade corporations, to be made at such place as the Secretary may designate by regulation. Pub. L. 94–455, §§ 1052(c)(6), struck out provision which permitted returns of a corporation claiming the benefits of section 922 of this title, relating to the special deduction for Western Hemisphere trade corporations to be made at such place as the Secretary may designate by regulation. Pub. L. 94–455, §§ 1051(h)(4), 1204(c)(3)(B), 1906(b)(13)(A), substituted “section 936 (relating to possession tax credit)” for “section 931 (relating to income from sources within possessions of the United States),” for taxable years beginning after Dec. 31, 1975, added cl. (iv), and struck out in provision following cl. (iv) “or his delegate” after “Secretary”. 1970—Subsec. (b)(3). Pub. L. 91–614, § 101(i)(1), substituted provisions requiring an estate tax return to be filed in the internal revenue district in which the decedent was domiciled at the time of his death or at a service center serving that district, as the Secretary or his delegate may determine by

Regulations

, and in the case of a decedent who was not domiciled in an internal revenue district, or who had no domicile, his return is to be filed at such place as the Secretary or his delegate designates for provisions requiring estate tax returns to be filed in the internal revenue district in which the decedent was domiciled at the time of his death or, if there was no such domicile in an internal revenue district, then at such place as the Secretary or his delegate by

Regulations

designates. Subsec. (b)(4). Pub. L. 91–614, § 101(i)(2), permitted the executor, who desires to file an estate tax return in person, to do so by hand carrying it to the appropriate internal revenue district office. 1966—Subsec. (b)(1). Pub. L. 89–713, § 1(a)(1), authorized the Secretary to promulgate

Regulations

allowing individuals to file tax returns either in the internal revenue district in which the taxpayer’s legal residence or principal place of business is located or at a service center serving that district, designated as subpar. (B)(1) the existing provisions which authorized the Secretary to prescribe the place without limitations as to the Secretary’s range of alternative choices for the filing of returns of persons who have no legal residence or principal place of business in any internal revenue district, and added subpar. (B)(ii) to (iv). Subsec. (b)(2). Pub. L. 89–713, § 1(a)(1), authorized the Secretary to promulgate

Regulations

allowing corporations to file tax returns either in the internal revenue district in which is located the principal place of business or principal office or agency of the corporation or at a service center serving that district, designated as subpar. (B)(i) the existing provisions which authorized the Secretary to prescribe the place without limitations as to the Secretary’s range of alternative choices for the filing of returns of corporations having no principal place of business or principal office or agency of the corporation, and added subpar. (B)(ii), (iii). Subsec. (b)(4), (5). Pub. L. 89–713, § 1(a)(2), (3), added par. (4), redesignated former par. (4) as (5), and, in par. (5), substituted “paragraph (1), (2), (3), or (4)” for “paragraph (1), (2), or (3)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1987 Amendment Pub. L. 100–203, title X, § 10713(c), Dec. 22, 1987, 101 Stat. 1330–470, provided that: “The

Amendments

made by this section [enacting section 6852 and 7409 of this title and amending this section and sections 6211 to 6213, 6863, 7429, and 7611 of this title] shall take effect on the date of the enactment of this Act [Dec. 22, 1987].”

Effective Date

of 1986 AmendmentAmendment by section 1272(d)(10) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 1277 of Pub. L. 99–514, set out as a note under section 931 of this title. Pub. L. 99–514, title XVIII, § 1879(r)(2), Oct. 22, 1986, 100 Stat. 2912, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Oct. 22, 1986].”

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–34 applicable with respect to taxable years beginning after Dec. 31, 1981, see section 115 of Pub. L. 97–34, set out as a note under section 911 of this title.

Effective Date

of 1978 Amendment; Election of Prior LawAmendment by Pub. L. 95–615 applicable to taxable years beginning after Dec. 31, 1977, with provision for election of prior law, see section 209 of Pub. L. 95–615, set out as a note under section 911 of this title.

Effective Date

of 1976 AmendmentAmendment by section 1051(h)(4) of Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1975, see section 1051(i)(1) of Pub. L. 94–455, set out as a note under section 27 of this title. Amendment by section 1052(c)(6) of Pub. L. 94–455, applicable with respect to taxable years beginning after Dec. 31, 1979, see section 1052(d) of Pub. L. 94–455, set out as a note under section 170 of this title. Amendment by section 1053(d)(4) of Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1977, see section 1053(e) of Pub. L. 94–455, set out as a note under section 1504 of this title. Amendment by section 1204(c)(3) of Pub. L. 94–455 applicable with respect to action taken under section 6851, 6861, or 6862 of this title where notice and demand takes place after Feb. 28, 1977, see section 1204(d) of Pub. L. 94–455, as amended, set out as a note under section 6851 of this title.

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–614 applicable with respect to decedents dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91–614, set out as a note under section 2032 of this title.

Effective Date

of 1966 Amendment Pub. L. 89–713, § 6, Nov. 2, 1966, 80 Stat. 1111, provided that: “Except as otherwise provided in this Act, the

Amendments

made by this Act [amending this section, section 6103, 6107, and 6151 of this title, section 3237 of Title 18, Crimes and Criminal Procedure, and section 1395x of Title 42, The Public Health and Welfare] shall take effect upon the date of the enactment of this Act [Nov. 2, 1966].”

Savings Provision

For provisions that nothing in amendment by section 401(d)(1)(D)(xviii) of Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, set out as a note under section 23 of this title. Plan

Amendments

Not Required Until January 1, 1989For provisions directing that if any

Amendments

made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 6091

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73