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Title 26 — Internal Revenue CodeRelease 119-73not60

§6167 Extension of Time for Payment of Tax Attributable to Recovery of Foreign Expropriation Losses

Title 26 › Subtitle Subtitle F— Procedure and Administration › Chapter 62— TIME AND PLACE FOR PAYING TAX › Subchapter B— Extensions of Time for Payment › § 6167

Last updated Apr 5, 2026|Official source

Summary

Gives a corporation extra time to pay the tax that comes from getting money or property after a foreign government takes its property. If the corporation gets less than 25% of the recovery in cash and that cash is not more than the tax due, the company may choose to pay the tax in installments. If the company does not make that choice, the IRS can extend the payment time up to 9 years if paying now would cause undue hardship. If the installment choice is made, any money later received from selling property that came from the recovery must be used (after paying tax on that sale) toward the unpaid installments. Any tax shortfall (deficiency) will be split across the installments; parts for unpaid installments are collected with those installments, while parts for installments already due are collected on notice. Interest under section 6601 is paid with each installment. A missed installment becomes due on IRS demand. The IRS can require security under section 6165 and extend limitation periods under section 6503(e). Tax attributable to a recovery: the extra tax under section 1351(d)(1) plus any added regular tax when some gain is treated as an involuntary conversion under section 1351(e).

Full Legal Text

Title 26, §6167

Internal Revenue Code — Source: USLM XML via OLRC

(a)If—
(1)a corporation has a recovery of a foreign expropriation loss to which section 1351 applies, and
(2)the portion of the recovery received in money is less than 25 percent of the amount of such recovery (as defined in section 1351(c)) and is not greater than the tax attributable to such recovery,
(b)If a corporation has a recovery of a foreign expropriation loss to which section 1351 applies and if an election is not made under subsection (a), the Secretary may, upon finding that the payment of the tax attributable to such recovery at the time otherwise provided in this subtitle would result in undue hardship, extend the time for payment of such tax for a reasonable period or periods not in excess of 9 years from the date on which such tax is otherwise payable.
(c)If—
(1)an election is made under subsection (a),
(2)during any taxable year before the tax attributable to such recovery is paid in full—
(A)any property (other than money) received on such recovery is sold or exchanged, or
(B)any property (other than money) received on any sale or exchange described in subparagraph (A) is sold or exchanged, and
(3)the amount of money received on such sale or exchange (reduced by the amount of the tax imposed under chapter 1 with respect to such sale or exchange), when added to the amount of money—
(A)received on such recovery, and
(B)received on previous sales or exchanges described in subparagraphs (A) and (B) of paragraph (2) (as so reduced),
(d)If an election is made under subsection (a), and a deficiency attributable to the recovery of a foreign expropriation loss has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(e)If the time for payment for any amount of tax has been extended under this section, interest payable under section 6601 on any unpaid portion of such amount shall be paid annually at the same time as, and as part of, each installment payment of the tax. Interest, on that part of a deficiency prorated under this section to any installment the date for payment of which has not arrived, for the period before the date fixed for the last installment preceding the assessment of the deficiency, shall be paid upon notice and demand from the Secretary.
(f)For purposes of this section, the tax attributable to a recovery of a foreign expropriation loss is the sum of—
(1)the additional tax imposed by section 1351(d)(1) on such recovery, and
(2)the amount by which the tax imposed under subtitle A is increased by reason of the gain on such recovery which under section 1351(e) is considered as gain on the involuntary conversion of property.
(g)If any installment under this section is not paid on or before the date fixed for its payment by this section (including any extension of time for the payment of such installment), the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary.
(h)(1)For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
(2)For extension of the period of limitation in the case of an extension under this section, see section 6503(e).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsecs. (a), (c). Pub. L. 114–41 substituted “fourth month” for “third month” in concluding provisions. 1976—Subsecs. (a), (b), (d), (e), (g). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (h). Pub. L. 94–455, §§ 1902(b)(2)(B), 1906(b)(13)(A), substituted “section 6503(e)” for “section 6503(f)”, and struck out “or his delegate” after “Secretary”. 1975—Subsec. (e). Pub. L. 93–625, § 7(d)(2), struck out provision that in applying section 6601(j) (relating to the application of the 4-percent interest rate in the case of recoveries of foreign expropriation losses to which this section applies) in the case of a deficiency, the entire amount which was prorated to installments under this section shall be treated as an amount of tax the payment of which was extended under this section. Subsec. (h). Pub. L. 93–625, § 7(d)(3), struck out par. (1) providing a cross reference for payment of interest at 4 percent per annum for period of an extension under section 6601(j) of this title, and redesignated pars. (2) and (3) as (1) and (2), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–41 applicable to returns for taxable years beginning after Dec. 31, 2015, with special rule for certain C corporations, see section 2006(a)(3) of Pub. L. 114–41, set out as a note under section 170 of this title.

Effective Date

of 1976 AmendmentAmendment by section 1902(b)(2)(B) of Pub. L. 94–455 applicable to estates of decedents dying after Oct. 4, 1976, see section 1902(c)(1) of Pub. L. 94–455, set out as a note under section 2012 of this title.

Effective Date

of 1975 AmendmentAmendment by Pub. L. 93–625 effective July 1, 1975, and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93–625, set out as an

Effective Date

note under section 6621 of this title.

Effective Date

Section applicable with respect to amounts received after Dec. 31, 1964, in respect of foreign expropriation losses (as defined in section 1351(b) of this title) sustained after Dec. 31, 1958, see section 2 of Pub. L. 89–384, set out as a note under section 1351 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 6167

Title 26 — Internal Revenue Code

Last Updated

Apr 5, 2026

Release point: 119-73not60