PRIA, Government Policy, Made Personal

Summary

Stops refunds or credits given after the allowed time. A refund or credit is wrong and treated as void if it is made after the deadline to file a claim, unless the taxpayer filed the claim on time. If a timely claim was denied, a refund or credit is void if it is made after the deadline to start a lawsuit, unless the taxpayer began the suit in time. The United States can try to get back wrong refunds under sections 6532(b) and 7405. Also, a credit against a tax year is void if the payment would be an overpayment under section 6401(a).

Title 26, §6514

Internal Revenue Code, Source: USLM XML via OLRC

(a)Credits or refunds after period of limitation

A refund of any portion of an internal revenue tax shall be considered erroneous and a credit of any such portion shall be considered void—

(1)Expiration of period for filing claim

If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or

(2)Disallowance of claim and expiration of period for filing suit

In the case of a claim filed within the proper time and disallowed by the Secretary, if the credit or refund was made after the expiration of the period of limitation for filing suit, unless within such period suit was begun by the taxpayer.

(3)Recovery of erroneous refunds

For procedure by the United States to recover erroneous refunds, see section 6532(b) and 7405.

(b)Credit after period of limitation

Any credit against a liability in respect of any taxable year shall be void if any payment in respect of such liability would be considered an overpayment under section 6401(a).

Editorial Notes

Amendments

1976—Subsec. (a)(2). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

§6514 Credits or Refunds After Period of Limitation

Summary

Title 26, §6514

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata