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Title 26, Internal Revenue CodeRelease 119-110

§9007 Examinations and Audits; Repayments

Title 26 › Subtitle H — Financing of Presidential Election Campaigns › CHAPTER 95 — PRESIDENTIAL ELECTION CAMPAIGN FUND › § 9007

Last updated Sep 22, 2026|Official source

Summary

After each presidential election, the Commission must audit the qualified campaign expenses of the presidential and vice-presidential candidates for each political party. If the Commission finds payments or spending that go beyond what candidates were allowed under the rules, or if candidates accepted improper contributions or used the payments for the wrong things, the Commission will tell those candidates how much to repay. Those candidates must pay that amount to the Secretary of the Treasury. The total repayment required cannot be more than the payments the candidates actually received under section 9006. The Commission must notify candidates within 3 years after the election, and all repayments go into the general fund of the Treasury.

Full Legal Text

Title 26, §9007

Internal Revenue Code, Source: USLM XML via OLRC

(a)Examinations and audits
After each presidential election, the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of the candidates of each political party for President and Vice President.
(b)Repayments
(1)If the Commission determines that any portion of the payments made to the eligible candidates of a political party under section 9006 was in excess of the aggregate payments to which candidates were entitled under section 9004, it shall so notify such candidates, and such candidates shall pay to the Secretary of the Treasury an amount equal to such portion.
(2)If the Commission determines that the eligible candidates of a political party and their authorized committees incurred qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major party were entitled under section 9004, it shall notify such candidates of the amount of such excess and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount.
(3)If the Commission determines that the eligible candidates of a major party or any authorized committee of such candidates accepted contributions (other than contributions to make up deficiencies in payments out of the fund on account of the application of section 9006(c)) to defray qualified campaign expenses (other than qualified campaign expenses with respect to which payment is required under paragraph (2)), it shall notify such candidates of the amount of the contributions so accepted, and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount.
(4)If the Commission determines that any amount of any payment made to the eligible candidates of a political party under section 9006 was used for any purpose other than—
(A)to defray the qualified campaign expenses with respect to which such payment was made, or
(B)to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used to defray such qualified campaign expenses,
it shall notify such candidates of the amount so used, and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount.
(5)No payment shall be required from the eligible candidates of a political party under this subsection to the extent that such payment, when added to other payments required from such candidates under this subsection, exceeds the amount of payments received by such candidates under section 9006.
(c)Notification
No notification shall be made by the Commission under subsection (b) with respect to a presidential election more than 3 years after the day of such election.
(d)Deposit of repayments
All payments received by the Secretary of the Treasury under subsection (b) shall be deposited by him in the general fund of the Treasury.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (b). Pub. L. 94–455 substituted “Secretary of the Treasury” for “Secretary”. Subsec. (b)(3). Pub. L. 94–283 substituted “9006(c)” for “9006(d)”. Subsec. (d). Pub. L. 94–455 substituted “Secretary of the Treasury” for “Secretary”. 1974—Subsec. (a). Pub. L. 93–443, § 404(c)(9), substituted “Commission” for “Comptroller General”. Subsec. (b). Pub. L. 93–443, § 404(c)(10), substituted “Commission” and “it” for “Comptroller General” and “he”, respectively, wherever appearing. Subsec. (c). Pub. L. 93–443, § 404(c)(11), substituted “Commission” for “Comptroller General”. 1973—Subsec. (b)(3). Pub. L. 93–53 substituted section “9006(d)” for “9006(c)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Effective Date

of 1973 AmendmentAmendment by Pub. L. 93–53 applicable with respect to taxable years beginning after Dec. 31, 1972, see section 6(d) of Pub. L. 93–53, set out as a note under section 6096 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 9007

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110