§6164 — Title 26 Internal Revenue Code | U.S. Code

Summary

A corporation that expects to have a net operating loss carryback can file a statement with the IRS to delay paying some or all of the income tax for the previous year. The IRS will set how and when to file the statement. The statement must say the estimated size of the loss, why the company expects the loss, how much the carryback would reduce the prior year tax (calculated under section 1314(a)), which tax amount the company wants to delay, and any other information the IRS requires. The delay cannot be bigger than the tax shown on the return plus any assessed extra tax, interest, or additions before the statement was filed, minus amounts already paid or treated as required to be paid before filing (an assessed amount counts as required to be paid if 10 days after notice and demand passed before filing). The delay ends on the last day of the month that contains the final due date to file the loss-year return (including extensions), or earlier when the IRS mails its decision on a tentative carryback application under section 6411. Each new statement replaces the old one. The IRS may check the statement and stop the delay if it is clearly wrong or if collection is in jeopardy. Special rules apply for consolidated returns under IRS regulations.

Title 26, §6164

Internal Revenue Code — Source: USLM XML via OLRC

(a)If a corporation, in any taxable year, files with the Secretary a statement, as provided in subsection (b), with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by subtitle A for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section.

(b)The statement shall be filed at such time and in such manner and form as the Secretary may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172(b), from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require—

(1)the estimated amount of the expected net operating loss;

(2)the reasons, facts, and circumstances which cause the corporation to expect such net operating loss;

(3)the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously determined being ascertained in accordance with the method prescribed in section 1314(a); and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined;

(4)the tax and the part thereof the time for payment of which is to be extended; and

(5)such other information for purposes of carrying out the provisions of this section as may be required by such regulations.

(c)The amount the time for payment of which may be extended under subsection (a) with respect to any tax shall not exceed the amount of such tax shown on the return, increased by any amount assessed as a deficiency (or as interest or addition to the tax) prior to the date of filing the statement and decreased by any amount paid or required to be paid prior to the date of such filing, and the total amount of the tax the time for payment of which may be extended shall not exceed the amount stated under subsection (b)(3). For purposes of this subsection, an amount shall not be considered as required to be paid unless shown on the return or assessed as a deficiency (or as interest or addition to the tax), and an amount assessed as a deficiency (or as interest or addition to the tax) shall be considered to be required to be paid prior to the date of filing of the statement if the 10th day after notice and demand for its payment occurs prior to such date. If an extension of time under this section relates to only a part of the tax, the time for payment of the remainder shall be the date on which payment would have been required if such remainder had been the tax.

(d)The extension of time for payment provided in this section shall expire—

(1)on the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for the filing of the return for the taxable year of the expected net operating loss, or

(2)if an application for tentative carryback adjustment provided in section 6411 with respect to such loss is filed before the expiration of the period prescribed in paragraph (1), on the date on which notice is mailed by certified mail or registered mail by the Secretary to the taxpayer that such application is allowed or disallowed in whole or in part.

(e)Each statement filed under subsection (a) with respect to any taxable year shall be in lieu of the last statement previously filed with respect to such year. If the amount the time for payment of which is extended under a statement filed is less than the amount under the last statement previously filed, the extension of time shall be terminated as to the difference between the two amounts.

(f)The Secretary is not required to make any examination of the statement, but he may make such examination thereof as he deems necessary and practicable. The Secretary shall terminate the extension as to any part of the amount to which it relates which he deems should be terminated because, upon such examination, he believes that, as of the time such examination is made, all or any part of the statement clearly is in a material respect erroneous or unreasonable.

(g)If an extension of time is terminated under subsection (e) or (f) with respect to any amount, then—

(1)no further extension of time shall be made under this section with respect to such amount, and

(2)the time for payment of such amount shall be considered to be the date on which payment would have been required if there had been no extension with respect to such amount.

(h)If the Secretary believes that collection of the amount to which an extension under this section relates is in jeopardy, he shall immediately terminate such extension, and notice and demand shall be made by him for payment of such amount.

(i)If the corporation seeking an extension of time under this section made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises or for the preceding taxable year affected by such loss, the provisions of such section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (c). Pub. L. 97–248, § 234(b)(2)(C)(i), substituted “shall be the date on which payment would have been required if such remainder had been the tax” for “shall be considered to be the dates on which payments would have been required if such remainder had been the tax and the taxpayer had elected to pay the tax in installments as provided in section 6152” in last sentence. Subsec. (g)(2). Pub. L. 97–248, § 234(b)(2)(C)(ii), substituted “date on which payment would have been required if there had been no extension with respect to such amount” for “dates on which payments would have been required if there had been no extension with respect to such amount and the taxpayer had elected to pay the tax in installments as provided in section 6152”. 1976—Subsecs. (a), (b), (d), (f), (h), (i). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing. 1958—Subsec. (d)(2). Pub. L. 85–866 inserted “certified mail or” before “registered mail”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–248 applicable to taxable years beginning after Dec. 31, 1982, see section 234(e) of Pub. L. 97–248, set out as a note under section 6655 of this title.

Effective Date

of 1958 AmendmentAmendment by Pub. L. 85–866 applicable only if mailing occurs after Sept. 2, 1958, see section 89(d) of Pub. L. 85–866, set out as a note under section 7502 of this title.

§6164 Extension of Time for Payment of Taxes by Corporations Expecting Carrybacks

Summary

Title 26, §6164

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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