Title 26Internal Revenue CodeRelease 119-73

§6695B Penalty for substantial misstatements on certification provided by supplier

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 68— - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE PENALTIES › Subchapter Subchapter B— - Assessable Penalties › Part PART I— - GENERAL PROVISIONS › § 6695B

Last updated Apr 6, 2026|Official source

Summary

It punishes a person who gives a supplier certification about a manufactured product or part that they knew, or should have known, would be used to claim an energy tax credit, when the certification is false about whether a banned foreign entity made the item or about the item’s direct costs. If that false certification causes the credit to be denied and makes the tax understatement bigger than the smaller of 5 percent of the tax shown on the return or $100,000, a penalty applies. The penalty equals the larger of 10 percent of the tax underpayment caused by the false statement or $5,000. No penalty applies if the person proves the mistake was for a reasonable cause and not willful neglect. Words used here that also appear in the other tax rule keep the same meanings.

Full Legal Text

Title 26, §6695B

Internal Revenue Code — Source: USLM XML via OLRC

(a)If—
(1)a person—
(A)provides a certification described in clause (iii)(II)(bb) of section 7701(a)(52)(D) with respect to any manufactured product, eligible component, or constituent element, material, or subcomponent of an eligible component, and
(B)knows, or reasonably should have known, that the certification would be used in connection with a determination under such section,
(2)such person knows, or reasonably should have known, that such certification is inaccurate or false with respect to—
(A)whether such property was produced or manufactured by a prohibited foreign entity, or
(B)the total direct costs or total direct material costs of such property that was not produced or manufactured by a prohibited foreign entity that were provided on such certification, and
(3)the inaccuracy or falsity described in paragraph (2) resulted in the disallowance of an applicable energy credit (as defined in section 6662(m)(2)) and an understatement of income tax (within the meaning of section 6662(d)(2)) for the taxable year in an amount which exceeds the lesser of—
(A)5 percent of the tax required to be shown on the return for the taxable year, or
(B)$100,000,
(b)The amount of the penalty imposed under subsection (a) on any person with respect to a certification shall be equal to the greater of—
(1)10 percent of the amount of the underpayment (as defined in section 6664(a)) solely attributable to the inaccuracy or falsity described in subsection (a)(2), or
(2)$5,000.
(c)No penalty shall be imposed under subsection (a) if the person establishes to the satisfaction of the Secretary that any inaccuracy or falsity described in subsection (a)(2) is due to a reasonable cause and not willful neglect.
(d)Any term used in this section which is also used in section 7701(a)(52) shall have the meaning given such term in such section.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to certifications provided after Dec. 31, 2025, see section 70512(l)(3) of Pub. L. 119–21, set out in an

Effective Date

of 2025 Amendment note under section 45 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 6695B

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73