PRIA, Government Policy, Made Personal

Summary

If someone who owes income, estate, or gift tax transfers their assets to another person, the IRS can collect the unpaid tax from the person who received the property. That "transferee" liability is assessed, paid, and collected the same way as the original tax. A transferee includes a donee, heir, legatee, devisee, or distributee, and for estate taxes, anyone personally liable under the special estate tax rules. A fiduciary who pays out an estate's assets before paying its taxes can also be held liable. For taxes other than income, estate, and gift taxes, this applies only when the transfer happens in a partnership or corporate liquidation or a corporate reorganization. The IRS generally gets 1 extra year beyond the deadline that applied to the original taxpayer to assess the first transferee. For a transferee of a transferee, it gets 1 more year after the deadline for the earlier transferee, but never more than 3 years past the original deadline. For a fiduciary, the deadline is 1 year after the liability arises or the end of the tax collection period, whichever is later. You and the IRS can agree in writing to extend these deadlines, and the clock pauses while the IRS is blocked from assessing, including while a Tax Court case over the liability is pending, plus 60 days.

Title 26, §6901

Internal Revenue Code, Source: USLM XML via OLRC

(a)The amounts of the following liabilities shall, except as hereinafter in this section provided, be assessed, paid, and collected in the same manner and subject to the same provisions and limitations as in the case of the taxes with respect to which the liabilities were incurred:

(1)(A)The liability, at law or in equity, of a transferee of property—

(i)of a taxpayer in the case of a tax imposed by subtitle A (relating to income taxes),

(ii)of a decedent in the case of a tax imposed by chapter 11 (relating to estate taxes), or

(iii)of a donor in the case of a tax imposed by chapter 12 (relating to gift taxes),

(B)The liability of a fiduciary under section 3713(b) of title 31, United States Code, in respect of the payment of any tax described in subparagraph (A) from the estate of the taxpayer, the decedent, or the donor, as the case may be.

(2)The liability, at law or in equity of a transferee of property of any person liable in respect of any tax imposed by this title (other than a tax imposed by subtitle A or B), but only if such liability arises on the liquidation of a partnership or corporation, or on a reorganization within the meaning of section 368(a).

(b)Any liability referred to in subsection (a) may be either as to the amount of tax shown on a return or as to any deficiency or underpayment of any tax.

(c)The period of limitations for assessment of any such liability of a transferee or a fiduciary shall be as follows:

(1)In the case of the liability of an initial transferee, within 1 year after the expiration of the period of limitation for assessment against the transferor;

(2)In the case of the liability of a transferee of a transferee, within 1 year after the expiration of the period of limitation for assessment against the preceding transferee, but not more than 3 years after the expiration of the period of limitation for assessment against the initial transferor;

(3)In the case of the liability of a fiduciary, not later than 1 year after the liability arises or not later than the expiration of the period for collection of the tax in respect of which such liability arises, whichever is the later.

(d)(1)If before the expiration of the time prescribed in subsection (c) for the assessment of the liability, the Secretary and the transferee or fiduciary have both consented in writing to its assessment after such time, the liability may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. For the purpose of determining the period of limitation on credit or refund to the transferee or fiduciary of overpayments of tax made by such transferee or fiduciary or overpayments of tax made by the transferor of which the transferee or fiduciary is legally entitled to credit or refund, such agreement and any extension thereof shall be deemed an agreement and extension thereof referred to in section 6511(c).

(2)If the agreement is executed after the expiration of the period of limitation for assessment against the taxpayer with reference to whom the liability of such transferee or fiduciary arises, then in applying the limitations under section 6511(c) on the amount of the credit or refund, the periods specified in section 6511(b)(2) shall be increased by the period from the date of such expiration to the date of the agreement.

(e)For purposes of this section, if any person is deceased, or is a corporation which has terminated its existence, the period of limitation for assessment against such person shall be the period that would be in effect had death or termination of existence not occurred.

(f)The running of the period of limitations upon the assessment of the liability of a transferee or fiduciary shall, after the mailing to the transferee or fiduciary of the notice provided for in section 6212 (relating to income, estate, and gift taxes), be suspended for the period during which the Secretary is prohibited from making the assessment in respect of the liability of the transferee or fiduciary (and in any event, if a proceeding in respect of the liability is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter.

(g)In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, any notice of liability enforceable under this section required to be mailed to such person, shall, if mailed to the person subject to the liability at his last known address, be sufficient for purposes of this title, even if such person is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence.

(h)As used in this section, the term “transferee” includes donee, heir, legatee, devisee, and distributee, and with respect to estate taxes, also includes any person who, under section 6324(a)(2), is personally liable for any part of such tax.

(i)For extensions of time by reason of armed service in a combat zone, see section 7508.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(1)(B). Pub. L. 115–141 substituted “Code, in” for “Code in”. 1982—Subsec. (a)(1)(B). Pub. L. 97–258 substituted “section 3713(b) of title 31, United States Code” for “section 3467 of the Revised Statutes (31 U.S.C. 192)”. 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

§6901 Transferred Assets

Summary

Title 26, §6901

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata