
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-16 Section 532(c)(11)]
[CITE: 26USC6511]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle F--Procedure and Administration
 
                         CHAPTER 66--LIMITATIONS
 
              Subchapter B--Limitations on Credit or Refund
 
Sec. 6511. Limitations on credit or refund


(a) Period of limitation on filing claim

    Claim for credit or refund of an overpayment of any tax imposed by 
this title in respect of which tax the taxpayer is required to file a 
return shall be filed by the taxpayer within 3 years from the time the 
return was filed or 2 years from the time the tax was paid, whichever of 
such periods expires the later, or if no return was filed by the 
taxpayer, within 2 years from the time the tax was paid. Claim for 
credit or refund of an overpayment of any tax imposed by this title 
which is required to be paid by means of a stamp shall be filed by the 
taxpayer within 3 years from the time the tax was paid.

(b) Limitation on allowance of credits and refunds

            (1) Filing of claim within prescribed period

        No credit or refund shall be allowed or made after the 
    expiration of the period of limitation prescribed in subsection (a) 
    for the filing of a claim for credit or refund, unless a claim for 
    credit or refund is filed by the taxpayer within such period.

               (2) Limit on amount of credit or refund

        (A) Limit where claim filed within 3-year period

            If the claim was filed by the taxpayer during the 3-year 
        period prescribed in subsection (a), the amount of the credit or 
        refund shall not exceed the portion of the tax paid within the 
        period, immediately preceding the filing of the claim, equal to 
        3 years plus the period of any extension of time for filing the 
        return. If the tax was required to be paid by means of a stamp, 
        the amount of the credit or refund shall not exceed the portion 
        of the tax paid within the 3 years immediately preceding the 
        filing of the claim.

        (B) Limit where claim not filed within 3-year period

            If the claim was not filed within such 3-year period, the 
        amount of the credit or refund shall not exceed the portion of 
        the tax paid during the 2 years immediately preceding the filing 
        of the claim.

        (C) Limit if no claim filed

            If no claim was filed, the credit or refund shall not exceed 
        the amount which would be allowable under subparagraph (A) or 
        (B), as the case may be, if claim was filed on the date the 
        credit or refund is allowed.

(c) Special rules applicable in case of extension of time by agreement

    If an agreement under the provisions of section 6501(c)(4) extending 
the period for assessment of a tax imposed by this title is made within 
the period prescribed in subsection (a) for the filing of a claim for 
credit or refund--

                      (1) Time for filing claim

        The period for filing claim for credit or refund or for making 
    credit or refund if no claim is filed, provided in subsections (a) 
    and (b)(1), shall not expire prior to 6 months after the expiration 
    of the period within which an assessment may be made pursuant to the 
    agreement or any extension thereof under section 6501(c)(4).

                         (2) Limit on amount

        If a claim is filed, or a credit or refund is allowed when no 
    claim was filed, after the execution of the agreement and within 6 
    months after the expiration of the period within which an assessment 
    may be made pursuant to the agreement or any extension thereof, the 
    amount of the credit or refund shall not exceed the portion of the 
    tax paid after the execution of the agreement and before the filing 
    of the claim or the making of the credit or refund, as the case may 
    be, plus the portion of the tax paid within the period which would 
    be applicable under subsection (b)(2) if a claim had been filed on 
    the date the agreement was executed.

               (3) Claims not subject to special rule

        This subsection shall not apply in the case of a claim filed, or 
    credit or refund allowed if no claim is filed, either--
            (A) prior to the execution of the agreement or
            (B) more than 6 months after the expiration of the period 
        within which an assessment may be made pursuant to the agreement 
        or any extension thereof.

(d) Special rules applicable to income taxes

      (1) Seven-year period of limitation with respect to bad 
                       debts and worthless securities

        If the claim for credit or refund relates to an overpayment of 
    tax imposed by subtitle A on account of--
            (A) The deductibility by the taxpayer, under section 166 or 
        section 832(c), of a debt as a debt which became worthless, or, 
        under section 165(g), of a loss from worthlessness of a 
        security, or
            (B) The effect that the deductibility of a debt or loss 
        described in subparagraph (A) has on the application to the 
        taxpayer of a carryover,

    in lieu of the 3-year period of limitation prescribed in subsection 
    (a), the period shall be 7 years from the date prescribed by law for 
    filing the return for the year with respect to which the claim is 
    made. If the claim for credit or refund relates to an overpayment on 
    account of the effect that the deductibility of such a debt or loss 
    has on the application to the taxpayer of a carryback, the period 
    shall be either 7 years from the date prescribed by law for filing 
    the return for the year of the net operating loss which results in 
    such carryback or the period prescribed in paragraph (2) of this 
    subsection, whichever expires the later. In the case of a claim 
    described in this paragraph the amount of the credit or refund may 
    exceed the portion of the tax paid within the period prescribed in 
    subsection (b)(2) or (c), whichever is applicable, to the extent of 
    the amount of the overpayment attributable to the deductibility of 
    items described in this paragraph.

        (2) Special period of limitation with respect to net 
                  operating loss or capital loss carrybacks

        (A) Period of limitation

            If the claim for credit or refund relates to an overpayment 
        attributable to a net operating loss carryback or a capital loss 
        carryback, in lieu of the 3-year period of limitation prescribed 
        in subsection (a), the period shall be that period which ends 3 
        years after the time prescribed by law for filing the return 
        (including extensions thereof) for the taxable year of the net 
        operating loss or net capital loss which results in such 
        carryback, or the period prescribed in subsection (c) in respect 
        of such taxable year, whichever expires later. In the case of 
        such a claim, the amount of the credit or refund may exceed the 
        portion of the tax paid within the period provided in subsection 
        (b)(2) or (c), whichever is applicable, to the extent of the 
        amount of the overpayment attributable to such carryback.

        (B) Applicable rules

            (i) In general

                If the allowance of a credit or refund of an overpayment 
            of tax attributable to a net operating loss carryback or a 
            capital loss carryback is otherwise prevented by the 
            operation of any law or rule of law other than section 7122 
            (relating to compromises), such credit or refund may be 
            allowed or made, if claim therefor is filed within the 
            period provided in subparagraph (A) of this paragraph.
            (ii) Tentative carryback adjustments

                If the allowance of an application, credit, or refund of 
            a decrease in tax determined under section 6411(b) is 
            otherwise prevented by the operation of any law or rule of 
            law other than section 7122, such application, credit, or 
            refund may be allowed or made if application for a tentative 
            carryback adjustment is made within the period provided in 
            section 6411(a).
            (iii) Determinations by courts to be conclusive

                In the case of any such claim for credit or refund or 
            any such application for a tentative carryback adjustment, 
            the determination by any court, including the Tax Court, in 
            any proceeding in which the decision of the court has become 
            final, shall be conclusive except with respect to--
                    (I) the net operating loss deduction and the effect 
                of such deduction, and
                    (II) the determination of a short-term capital loss 
                and the effect of such short-term capital loss, to the 
                extent that such deduction or short-term capital loss is 
                affected by a carryback which was not an issue in such 
                proceeding.

          (3) Special rules relating to foreign tax credit

        (A) Special period of limitation with respect to foreign taxes 
                paid or accrued

            If the claim for credit or refund relates to an overpayment 
        attributable to any taxes paid or accrued to any foreign country 
        or to any possession of the United States for which credit is 
        allowed against the tax imposed by subtitle A in accordance with 
        the provisions of section 901 or the provisions of any treaty to 
        which the United States is a party, in lieu of the 3-year period 
        of limitation prescribed in subsection (a), the period shall be 
        10 years from the date prescribed by law for filing the return 
        for the year in which such taxes were actually paid or accrued.

        (B) Exception in the case of foreign taxes paid or accrued

            In the case of a claim described in subparagraph (A), the 
        amount of the credit or refund may exceed the portion of the tax 
        paid within the period provided in subsection (b) or (c), 
        whichever is applicable, to the extent of the amount of the 
        overpayment attributable to the allowance of a credit for the 
        taxes described in subparagraph (A).

      (4) Special period of limitation with respect to certain 
                              credit carrybacks

        (A) Period of limitation

            If the claim for credit or refund relates to an overpayment 
        attributable to a credit carryback, in lieu of the 3-year period 
        of limitation prescribed in subsection (a), the period shall be 
        that period which ends 3 years after the time prescribed by law 
        for filing the return (including extensions thereof) for the 
        taxable year of the unused credit which results in such 
        carryback (or, with respect to any portion of a credit carryback 
        from a taxable year attributable to a net operating loss 
        carryback, capital loss carryback, or other credit carryback 
        from a subsequent taxable year, the period shall be that period 
        which ends 3 years after the time prescribed by law for filing 
        the return, including extensions thereof, for such subsequent 
        taxable year) or the period prescribed in subsection (c) in 
        respect of such taxable year, whichever expires later. In the 
        case of such a claim, the amount of the credit or refund may 
        exceed the portion of the tax paid within the period provided in 
        subsection (b)(2) or (c), whichever is applicable, to the extent 
        of the amount of the overpayment attributable to such carryback.

        (B) Applicable rules

            If the allowance of a credit or refund of an overpayment of 
        tax attributable to a credit carryback is otherwise prevented by 
        the operation of any law or rule of law other than section 7122, 
        relating to compromises, such credit or refund may be allowed or 
        made, if claim therefor is filed within the period provided in 
        subparagraph (A) of this paragraph. In the case of any such 
        claim for credit or refund, the determination by any court, 
        including the Tax Court, in any proceeding in which the decision 
        of the court has become final, shall not be conclusive with 
        respect to any credit, and the effect of such credit, to the 
        extent that such credit is affected by a credit carryback which 
        was not in issue in such proceeding.

        (C) Credit carryback defined

            For purposes of this paragraph, the term ``credit 
        carryback'' means any business carryback under section 39.

       (5) Special period of limitation with respect to self-
                       employment tax in certain cases

        If the claim for credit or refund relates to an overpayment of 
    the tax imposed by chapter 2 (relating to the tax on self-employment 
    income) attributable to an agreement, or modification of an 
    agreement, made pursuant to section 218 of the Social Security Act 
    (relating to coverage of State and local employees), and if the 
    allowance of a credit or refund of such overpayment is otherwise 
    prevented by the operation of any law or rule of law other than 
    section 7122 (relating to compromises), such credit or refund may be 
    allowed or made if claim therefor is filed on or before the last day 
    of the second year after the calendar year in which such agreement 
    (or modification) is agreed to by the State and the Commissioner of 
    Social Security.

      (6) Special period of limitation with respect to amounts 
              included in income subsequently recaptured under 
                         qualified plan termination

        If the claim for credit or refund relates to an overpayment of 
    tax imposed by subtitle A on account of the recapture, under section 
    4045 of the Employee Retirement Income Security Act of 1974, of 
    amounts included in income for a prior taxable year, the 3-year 
    period of limitation prescribed in subsection (a) shall be extended, 
    for purposes of permitting a credit or refund of the amount of the 
    recapture, until the date which occurs one year after the date on 
    which such recaptured amount is paid by the taxpayer.

       (7) Special period of limitation with respect to self-
                       employment tax in certain cases

        If--
            (A) the claim for credit or refund relates to an overpayment 
        of the tax imposed by chapter 2 (relating to the tax on self-
        employment income) attributable to Tax Court determination in a 
        proceeding under section 7436, and
            (B) the allowance of a credit or refund of such overpayment 
        is otherwise prevented by the operation of any law or rule of 
        law other than section 7122 (relating to compromises),

    such credit or refund may be allowed or made if claim therefor is 
    filed on or before the last day of the second year after the 
    calendar year in which such determination becomes final.

[(e) Repealed. Pub. L. 101-508, title XI, Sec. 11801(c)(22)(C), Nov. 5, 
        1990, 104 Stat. 1388-528]

(f) Special rule for chapter 42 and similar taxes

    For purposes of any tax imposed by section 4912, chapter 42, or 
section 4975, the return referred to in subsection (a) shall be the 
return specified in section 6501(l)(1).

(g) Special rule for claims with respect to partnership items

    In the case of any tax imposed by subtitle A with respect to any 
person which is attributable to any partnership item (as defined in 
section 6231(a)(3)), the provisions of section 6227 and subsections (c) 
and (d) of section 6230 shall apply in lieu of the provisions of this 
subchapter.

(h) Running of periods of limitation suspended while taxpayer is unable 
        to manage financial affairs due to disability

                           (1) In general

        In the case of an individual, the running of the periods 
    specified in subsections (a), (b), and (c) shall be suspended during 
    any period of such individual's life that such individual is 
    financially disabled.

                      (2) Financially disabled

        (A) In general

            For purposes of paragraph (1), an individual is financially 
        disabled if such individual is unable to manage his financial 
        affairs by reason of a medically determinable physical or mental 
        impairment of the individual which can be expected to result in 
        death or which has lasted or can be expected to last for a 
        continuous period of not less than 12 months. An individual 
        shall not be considered to have such an impairment unless proof 
        of the existence thereof is furnished in such form and manner as 
        the Secretary may require.

        (B) Exception where individual has guardian, etc.

            An individual shall not be treated as financially disabled 
        during any period that such individual's spouse or any other 
        person is authorized to act on behalf of such individual in 
        financial matters.

(i) Cross references

            (1) For time return deemed filed and tax considered paid, 
        see section 6513.
            (2) For limitations with respect to certain credits against 
        estate tax, see sections 2011(c), 2014(b), and 2015.
            (3) For limitations in case of floor stocks refunds, see 
        section 6412.
            (4) For a period of limitations for credit or refund in the 
        case of joint income returns after separate returns have been 
        filed, see section 6013(b)(3).
            (5) For limitations in case of payments under section 6420 
        (relating to gasoline used on farms), see section 6420(b).
            (6) For limitations in case of payments under section 6421 
        (relating to gasoline used for certain nonhighway purposes or by 
        local transit systems), see section 6421(d).
            (7) For a period of limitations for refund of an overpayment 
        of penalties imposed under section 6694 or 6695, see section 
        6696(d)(2).

(Aug. 16, 1954, ch. 736, 68A Stat. 808; Apr. 2, 1956, ch. 160, 
Sec. 4(e), 70 Stat. 91; June 29, 1956, ch. 462, title II, 
Sec. 208(e)(6), 70 Stat. 397; Pub. L. 85-866, title I, Sec. 82, Sept. 2, 
1958, 72 Stat. 1663; Pub. L. 86-280, Sec. 1(a), Sept. 16, 1959, 73 Stat. 
563; Pub. L. 87-794, title III, Sec. 317(d), Oct. 11, 1962, 76 Stat. 
891; Pub. L. 87-834, Sec. 2(e)(2), Oct. 16, 1962, 76 Stat. 971; Pub. L. 
88-272, title II, Secs. 232(d), 239, Feb. 26, 1964, 78 Stat. 111, 128; 
Pub. L. 88-571, Sec. 3(c), Sept. 2, 1964, 78 Stat. 858; Pub. L. 89-331, 
Sec. 9(c), Nov. 8, 1965, 79 Stat. 1278; Pub. L. 90-225, Sec. 2(d), Dec. 
27, 1967, 81 Stat. 731; Pub. L. 91-172, title I, Sec. 101(h), title III, 
Sec. 311(d)(3), title V, Sec. 512(e)(2), Dec. 30, 1969, 83 Stat. 525, 
588, 640; Pub. L. 92-178, title VI, Sec. 601(d)(2), Dec. 10, 1971, 85 
Stat. 558; Pub. L. 93-406, title IV, Sec. 4401(b), formerly 
Sec. 4081(b), Sept. 2, 1974, 88 Stat. 1034, renumbered Sec. 4401(b), 
Pub. L. 96-364, title I, Sec. 108(a), Sept. 26, 1980, 94 Stat. 1267; 
Pub. L. 94-455, title XII, Sec. 1203(h)(3), title XIX, Sec. 1906(a)(33), 
title XXI, Sec. 2107(g)(2)(B), Oct. 4, 1976, 90 Stat. 1694, 1829, 1904; 
Pub. L. 95-30, title II, Sec. 202(d)(4)(B), May 23, 1977, 91 Stat. 149; 
Pub. L. 95-600, title II, Sec. 212(b)(1), title VII, Sec. 703(p)(3), 
Nov. 6, 1978, 92 Stat. 2819, 2944; Pub. L. 95-628, Sec. 8(a), (b), Nov. 
10, 1978, 92 Stat. 3630, 3631; Pub. L. 96-222, title I, 
Secs. 102(a)(2)(B), 108(b)(1)(B), Apr. 1, 1980, 94 Stat. 208, 226; Pub. 
L. 96-223, title I, Sec. 101(g)(2), Apr. 2, 1980, 94 Stat. 254; Pub. L. 
96-598, Sec. 1(c), Dec. 24, 1980, 94 Stat. 3486; Pub. L. 97-34, title 
II, Sec. 221(b)(2)(A), title III, Sec. 331(d)(2)(A), Aug. 13, 1981, 95 
Stat. 247, 295; Pub. L. 97-248, title IV, Sec. 402(c)(7), Sept. 3, 1982, 
96 Stat. 667; Pub. L. 98-369, div. A, title I, Sec. 163(b)(2), title II, 
Sec. 211(b)(25), title IV, Sec. 474(r)(40), title VII, 
Secs. 714(p)(2)(G), 735(c)(14), div. B, title VI, Sec. 2663(j)(5)(F), 
July 18, 1984, 98 Stat. 698, 757, 847, 965, 984, 1171; Pub. L. 99-514, 
title I, Sec. 141(b)(3), title II, Sec. 231(d)(3)(I), title XVIII, 
Sec. 1847(b)(15), Oct. 22, 1986, 100 Stat. 2117, 2180, 2857; Pub. L. 
100-418, title I, Sec. 1941(b)(2)(I), Aug. 23, 1988, 102 Stat. 1323; 
Pub. L. 100-647, title I, Secs. 1017(c)(11), 1018(u)(21), (51), Nov. 10, 
1988, 102 Stat. 3577, 3591, 3593; Pub. L. 101-508, title XI, 
Sec. 11801(c)(17)(B), (22)(C), Nov. 5, 1990, 104 Stat. 1388-527, 1388-
528; Pub. L. 103-296, title I, Sec. 108(h)(8), Aug. 15, 1994, 108 Stat. 
1487; Pub. L. 105-34, title X, Sec. 1056(a), title XIV, Sec. 1454(b)(1), 
Aug. 5, 1997, 111 Stat. 945, 1056; Pub. L. 105-206, title III, 
Sec. 3202(a), July 22, 1998, 112 Stat. 740.)

                       References in Text

    Section 218 of the Social Security Act, referred to in subsec. 
(d)(5), is classified to section 418 of Title 42, The Public Health and 
Welfare.
    Section 4045 of the Employee Retirement Income Security Act of 1974, 
referred to in subsec. (d)(6), is classified to section 1345 of Title 
29, Labor.


                               Amendments

    1998--Subsecs. (h), (i). Pub. L. 105-206 added subsec. (h) and 
redesignated former subsec. (h) as (i).
    1997--Subsec. (d)(3)(A). Pub. L. 105-34, Sec. 1056(a), substituted 
``for the year in which such taxes were actually paid or accrued'' for 
``for the year with respect to which the claim is made''.
    Subsec. (d)(7). Pub. L. 105-34, Sec. 1454(b)(1), added par. (7).
    1994--Subsec. (d)(5). Pub. L. 103-296 substituted ``Commissioner of 
Social Security'' for ``Secretary of Health and Human Services''.
    1990--Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 11801(c)(17)(B), 
struck out before period at end of first sentence ``; except that with 
respect to an overpayment attributable to the creation of, or an 
increase in a net operating loss carryback as a result of the 
elimination of excessive profits by a renegotiation (as defined in 
section 1481(a)(1)(A)), the period shall not expire before the 
expiration of the 12th month following the month in which the agreement 
or order for the elimination of such excessive profits becomes final''.
    Subsec. (e). Pub. L. 101-508, Sec. 11801(c)(22)(C), struck out 
subsec. (e) which related to special rules in case of manufactured sugar 
either exported, used as livestock feed, or for distillation or 
production of alcohol.
    1988--Subsec. (d)(4)(C). Pub. L. 100-647, Sec. 1018(u)(21), made 
technical correction to directory language of Pub. L. 99-514, 
Sec. 231(d)(3)(I), see 1986 Amendment note below.
    Subsec. (f). Pub. L. 100-647, Sec. 1018(u)(51), substituted 
``similar taxes'' for ``certain chapter 43 taxes'' in heading, and 
``section 4912, chapter 42,'' for ``chapter 42'' in text.
    Subsec. (h). Pub. L. 100-418, Sec. 1941(b)(2)(I), redesignated 
subsec. (i) as (h) and struck out former subsec. (h) which related to 
special rules for windfall profit taxes.
    Subsec. (i). Pub. L. 100-418, Sec. 1941(b)(2)(I), redesignated 
subsec. (i) as (h).
    Subsec. (i)(6). Pub. L. 100-647, Sec. 1017(c)(11), substituted 
``section 6421(d)'' for ``section 6421(c)''.
    1986--Subsec. (d)(2)(B). Pub. L. 99-514, Sec. 141(b)(3), amended 
subpar. (B) generally, restating cl. (i) as cls. (i), (ii), and (iii) 
and striking out former cl. (ii) which read as follows: ``A claim for 
credit or refund for a computation year (as defined in section 
1302(c)(1)) shall be determined to relate to an overpayment attributable 
to a net operating loss carryback or a capital loss carryback, as the 
case may be, when such carryback relates to any base period year (as 
defined in section 1302(c)(3)).''
    Subsec. (d)(4)(C). Pub. L. 99-514, Sec. 231(d)(3)(I), as amended by 
Pub. L. 100-647, Sec. 1018(u)(21), struck out ``and any research credit 
carryback under section 30(g)(2)'' after ``under section 39''.
    Subsec. (h)(1). Pub. L. 99-514, Sec. 1847(b)(15)(A), substituted 
``section 6501(m)(1)(B)'' for ``section 6501(q)(1)(B)''.
    Subsec. (h)(2). Pub. L. 99-514, Sec. 1847(b)(15)(B), substituted 
``section 6501(m)(2)(B)'' for ``section 6501(q)(2)(B)''.
    1984--Subsec. (d)(4)(C). Pub. L. 98-369, Sec. 474(r)(40), 
substituted ``business carryback under section 39 and any research 
credit carryback under section 30(g)(2)'' for ``investment credit 
carryback, work incentive program credit carryback, new employee credit 
carryback, research credit carryback, and employee stock ownership 
credit carryback''.
    Subsec. (d)(5). Pub. L. 98-369, Sec. 2663(j)(5)(F), substituted 
``Secretary of Health and Human Services'' for ``Secretary of Health, 
Education, and Welfare''.
    Subsec. (d)(6), (7). Pub. L. 98-369, Sec. 211(b)(25), redesignated 
par. (7) as (6) and struck out former par. (6) relating to a special 
period of limitation with respect to reduction of policyholders surplus 
account of life insurance companies.
    Subsec. (f). Pub. L. 98-369, Sec. 163(b)(2), substituted ``section 
6501(l)(1)'' for ``section 6501(n)(1)''.
    Subsec. (h)(3). Pub. L. 98-369, Sec. 714(p)(2)(G), amended par. (3) 
generally. Prior to amendment par. (3) related to partnership items of 
federally registered partnerships and provided that under regulations 
prescribed by the Secretary, rules similar to the rules of subsection 
(g) shall apply to the tax imposed by section 4986.
    Subsecs. (i), (j). Pub. L. 98-369, Sec. 735(c)(14), redesignated 
subsec. (j) as (i) and struck out former subsec. (i) which related to a 
special rule for certain tread rubber tax credits or refunds.
    1982--Subsec. (g). Pub. L. 97-248 substituted ``Special rule for 
claims with respect to partnership items'' for ``Special rule for 
partnership items of federally registered partnerships'' in heading and, 
in text, substituted provisions that, in the case of any tax imposed by 
subtitle A with respect to any person which is attributable to any 
partnership item (as defined in section 6231(a)(3)), the provisions of 
section 6227 and subsecs. (c) and (d) of section 6230 shall apply in 
lieu of the provisions of this subchapter for provisions that (1) in the 
case of any tax imposed by subtitle A with respect to any person, the 
period for filing a claim for credit or refund of any overpayment 
attributable to any partnership item of a federally registered 
partnership would not expire before the later of (A) the date which was 
4 years after the date prescribed by law (including extensions thereof) 
for filing the partnership return for the partnership taxable year in 
which the item arose, or (B) if an agreement under the provisions of 
section 6501(c)(4) extending the period for the assessment of any 
deficiency attributable to such partnership item was made before the 
date specified in subpar. (A), the date 6 months after the expiration of 
such extension, with the amount of the credit or refund allowed to 
exceed the portion of the tax paid within the period provided in subsec. 
(b)(2) or (c), whichever was applicable, and (2) for purposes of this 
subsec., the terms ``partnership item'' and ``federally registered 
partnership'' would have the same meanings as such terms had when used 
in section 6501(o).
    1981--Subsec. (d)(4)(C). Pub. L. 97-34, Sec. 331(d)(2)(A), inserted 
reference to employee stock ownership credit carryback.
    Pub. L. 97-34, Sec. 221(b)(2)(A), inserted reference to research 
credit carryback.
    1980--Subsec. (f). Pub. L. 96-222, Sec. 108(b)(1)(B), inserted in 
heading ``and certain chapter 43'' after ``chapter 42'', and in text 
``or section 4975'' after ``chapter 42''.
    Subsec. (g)(2). Pub. L. 96-222, Sec. 102(a)(2)(B), substituted 
``section 6501(o)'' for ``section 6501(q)''.
    Subsec. (h). Pub. L. 96-223 added subsec. (h) and redesignated 
former subsec. (h) as (i).
    Subsec. (i). Pub. L. 96-598 added subsec. (i) and redesignated 
former subsec. (i) as (j).
    Pub. L. 96-223 redesignated former subsec. (h) as (i).
    Subsec. (j). Pub. L. 96-598 redesignated former subsec. (i) as (j).
    1978--Subsec. (d)(2)(A). Pub. L. 95-628, Sec. 8(a), substituted ``3 
years after the time prescribed by law for filing the return (including 
extensions thereof) for'' for ``with the expiration of the 15th day of 
the 40th month (or the 39th month, in the case of a corporation) 
following the end of''.
    Pub. L. 95-600, Sec. 703(p)(3), struck out provisions relating to 
the period of limitations with respect to an overpayment attributable to 
a net operating loss carryback to any year on account of a certification 
issued to the taxpayer under section 317 of the Trade Expansion Act of 
1962.
    Subsec. (d)(4). Pub. L. 95-628, Sec. 8(b)(1), substituted in heading 
``certain credit carrybacks'' for ``investment credit carrybacks'', in 
subpar. (A), substituted ``a credit carryback'' for ``an investment 
credit carryback'', ``period shall be that period which ends 3 years 
after the time prescribed by law for filing the return (including 
extensions thereof) for the taxable year of the unused credit which 
results in such carryback'' for ``period shall be that period which ends 
with the expiration of the 15th day of the 40th month (or 39th month, in 
the case of a corporation) following the end of the taxable year of the 
unused investment credit which results in such carryback'', and ``(or, 
with respect to any portion of a credit carryback from a taxable year 
attributable to a net operating loss carryback, capital loss carryback, 
or other credit carryback from a subsequent taxable year, the period 
shall be that period which ends 3 years after the time prescribed by law 
for filing the return, including extensions thereof, for such subsequent 
taxable year)'' for ``(or, with respect to any portion of an investment 
credit carryback from a taxable year attributable to a net operating 
loss carryback or a capital loss carryback from a subsequent taxable 
year, the period shall be that period which ends with the expiration of 
the 15th day of the 40th month, or 39th month, in the case of a 
corporation, following the end of such subsequent taxable year),'', in 
subpar. (B), substituted ``a credit carryback'' for ``an investment 
credit carryback'', ``any credit'' for ``the investment credit'', and 
``affected by a credit carryback'' for ``affected by a carryback''; and 
added subpar. (C).
    Subsec. (d)(7). Pub. L. 95-628, Sec. 8(b)(2), redesignated par. (8) 
as (7). Former par. (7), which provided for a special period of 
limitation with respect to work incentive program credit carrybacks, was 
struck out.
    Subsec. (d)(8). Pub. L. 95-628, Sec. 8(b)(2)(B), redesignated par. 
(8) as (7).
    Subsec. (d)(9). Pub. L. 95-628, Sec. 8(b)(2)(A), struck out par. (9) 
which provided for a special period of limitation with respect to new 
employee credit carrybacks.
    Subsecs. (g), (h). Pub. L. 95-600, Sec. 212(b)(1), added subsec. (g) 
and redesignated former subsec. (g) as (h).
    1977--Subsec. (d)(9). Pub. L. 95-30 added par. (9).
    1976--Subsec. (d)(2)(A)(ii). Pub. L. 94-455, Sec. 1906 (a)(33)(A), 
struck out ``September 1, 1959, or'' after ``shall not expire before'' 
and ``, whichever is the later'' after ``profits becomes final''.
    Subsec. (d)(5). Pub. L. 94-455, Sec. 1906(a)(33)(B), struck out 
``the later of the following dates: (A)'' after ``filed on or before'' 
and ``, or (B) December 31, 1965'' after ``Health, Education, and 
Welfare''.
    Subsec. (d)(7). Pub. L. 94-455, Sec. 2107(g)(2)(B), inserted ``, an 
investment credit carryback,'' after ``net operating loss carryback''.
    Subsec. (g)(7). Pub. L. 94-455, Sec. 1203(h)(3), added par. (7).
    1974--Subsec. (d)(8). Pub. L. 93-406 added par. (8).
    1971--Subsec. (d)(7). Pub. L. 92-178 added par. (7).
    1969--Subsec. (d)(2). Pub. L. 91-172, Sec. 512(e)(2)(A), substituted 
``loss or capital loss carrybacks'' for ``loss carrybacks'' in heading.
    Subsec. (d)(2)(A). Pub. L. 91-172, Sec. 512(e)(2)(B), (C), 
substituted ``loss carryback or a capital loss carryback'' for ``loss 
carryback'' and ``operating loss or net capital loss which'' for 
``operating loss which''.
    Subsec. (d)(2)(B)(i). Pub. L. 91-172, Sec. 512(e)(2)(D), (E), 
substituted ``loss carryback or a capital loss carryback'' for ``loss 
carryback'' and inserted reference to short-term capital loss.
    Subsec. (d)(2)(B)(ii). Pub. L. 91-172, Secs. 311(d)(3), 
512(e)(2)(F), substituted references to section ``1302(c)(1)'' and 
``1302(c)(3)'' for section ``1302(e)(1)'' and ``1302(e)(3)'', 
respectively, and substituted ``loss carryback or a capital loss 
carryback, as the case may be,'' for ``loss carryback''.
    Subsec. (d)(4)(A). Pub. L. 91-172, Sec. 512(e)(2)(G), substituted 
``loss carryback or a capital loss carryback'' for ``loss carryback''.
    Subsecs. (f), (g). Pub. L. 91-172, Sec. 101(h), added subsec. (f) 
and redesignated former subsec. (f) as (g).
    1967--Subsec. (d)(4)(A). Pub. L. 90-225 inserted ``(or, with respect 
to any portion of an investment credit carryback from a taxable year 
attributable to a net operating loss carryback from a subsequent taxable 
year, the period shall be that period which ends with the expiration of 
the 15th day of the 40th month, or 39th month, in the case of a 
corporation, following the end of such subsequent taxable year)'' after 
``the unused investment credit which results in such carryback''.
    1965--Subsec. (e)(1). Pub. L. 89-331 inserted ``or production'' 
after ``distillation'' in heading.
    1964--Subsec. (d)(6). Pub. L. 88-571 added par. (6).
    Pub. L. 88-272 designated existing provisions as clause (i) and 
added clause (ii) in par. (2)(B), and added par. (5).
    1962--Subsec. (d)(2)(A). Pub. L. 87-794 inserted provisions stating 
that, with respect to an overpayment attributable to a net operating 
loss carryback to any year on account of a certification under section 
317 of the Trade Expansion Act of 1962, the period of limitations shall 
not expire before the expiration of the sixth month following the month 
in which such certification is issued to the taxpayer.
    Subsec. (d)(4). Pub. L. 87-834 added par. (4).
    1959--Subsec. (d)(2)(A). Pub. L. 86-280 inserted in first sentence 
exception with respect to overpayment as a result of elimination of 
excess profits by renegotiation.
    1958--Subsec. (a). Pub. L. 85-866, Sec. 82(a), struck out from first 
sentence ``required to be'' after ``3 years from the time the return 
was'', and ``(determined without regard to any extension of time)'' 
before ``or 2 years''.
    Subsec. (b)(2)(A). Pub. L. 85-866, Sec. 82(b), substituted ``Limit 
where claim not filed within 3-year period'' for ``Limit to amount paid 
within years'' in heading, and in text substituted ``within the 
period,'' for ``within the 3 years'', inserted ``equal to 3 years plus 
the period of any extension of time for filing the return'' and struck 
out provision that if the tax was required to be paid by means of a 
stamp, the amount of the credit or refund shall not exceed the portion 
of the tax paid within the 3 years immediately preceding the filing of 
the claim.
    Subsec. (b)(2)(B). Pub. L. 85-866, Sec. 82(c), substituted ``Limit 
where claim not filed within 3-year period'' for ``Limit to amount paid 
within 2 years'' in heading.
    Subsec. (d)(2)(A). Pub. L. 85-866, Sec. 82(d), substituted in first 
sentence ``15th day of the 40th month (or 39th month, in the case of a 
corporation)'' for ``15th day of the 39th month''.
    1956--Subsec. (f)(5). Act Apr. 2, 1956, added par. (5).
    Subsec. (f)(6). Act June 29, 1956, added par. (6).


                    Effective Date of 1998 Amendment

    Pub. L. 105-206, title III, Sec. 3202(b), July 22, 1998, 112 Stat. 
741, provided that: ``The amendment made by subsection (a) [amending 
this section] shall apply to periods of disability before, on, or after 
the date of the enactment of this Act [July 22, 1998] but shall not 
apply to any claim for credit or refund which (without regard to such 
amendment) is barred by the operation of any law or rule of law 
(including res judicata) as of the date of the enactment of this Act.''


                    Effective Date of 1997 Amendment

    Section 1056(b) of Pub. L. 105-34 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to taxes paid 
or accrued in taxable years beginning after the date of the enactment of 
this Act [Aug. 5, 1997].''
    Section 1454(c) of Pub. L. 105-34 provided that: ``The amendments 
made by this section [enacting section 7436 of this title, amending this 
section and sections 7421, 7453, and 7481 of this title, and renumbering 
section 7436 of this title as 7437] shall take effect on the date of the 
enactment of this Act [Aug. 5, 1997].''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of Title 
42, The Public Health and Welfare.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-647 effective, except as otherwise 
provided, as if included in the provision of the Tax Reform Act of 1986, 
Pub. L. 99-514, to which such amendment relates, see section 1019(a) of 
Pub. L. 100-647, set out as a note under section 1 of this title.
    Amendment by Pub. L. 100-418 applicable to crude oil removed from 
the premises on or after Aug. 23, 1988, see section 1941(c) of Pub. L. 
100-418, set out as a note under section 164 of this title.


                    Effective Date of 1986 Amendment

    Amendment by section 141(b)(3) of Pub. L. 99-514 applicable to 
taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. 
L. 99-514, set out as a note under section 1 of this title.
    Amendment by section 231(d)(3)(I) of Pub. L. 99-514 applicable to 
taxable years beginning after Dec. 31, 1985, see section 231(g) of Pub. 
L. 99-514, set out as a note under section 41 of this title.
    Amendment by section 1847(b)(15) of Pub. L. 99-514 effective, except 
as otherwise provided, as if included in the provisions of the Tax 
Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment 
relates, see section 1881 of Pub. L. 99-514, set out as a note under 
section 48 of this title.


                    Effective Date of 1984 Amendment

    Amendment by section 163(b)(2) of Pub. L. 98-369 applicable to 
expenditures with respect to which the second taxable year described in 
section 118(b)(2)(B) of this title ends after Dec. 31, 1984, see section 
163(c) of Pub. L. 98-369, set out as a note under section 118 of this 
title.
    Amendment by section 211(b)(25) of Pub. L. 98-369 applicable to 
taxable years beginning after Dec. 31, 1983, see section 215 of Pub. L. 
98-369, set out as an Effective Date note under section 801 of this 
title.
    Amendment by section 474(r)(40) of Pub. L. 98-369 applicable to 
taxable years beginning after Dec. 31, 1983, and to carrybacks from such 
years, see section 475(a) of Pub. L. 98-369, set out as a note under 
section 21 of this title.
    Amendment by section 714(p)(2)(G) of Pub. L. 98-369 effective as if 
included in the provision of the Tax Equity and Fiscal Responsibility 
Act of 1982, Pub. L. 97-248, to which such amendment relates, see 
section 715 of Pub. L. 98-369, set out as a note under section 31 of 
this title.
    Amendment by section 735(c)(14) of Pub. L. 98-369 effective, except 
as otherwise provided, as if included in the provisions of the Highway 
Revenue Act of 1982, title V of Pub. L. 97-424, to which such amendment 
relates, see section 736 of Pub. L. 98-369, set out as a note under 
section 4051 of this title.
    Amendment by section 2663(j)(5)(F) of Pub. L. 98-369 effective July 
18, 1984, but not to be construed as changing or affecting any right, 
liability, status or interpretation which existed (under the provisions 
of law involved) before that date, see section 2664(b) of Pub. L. 98-
369, set out as a note under section 401 of Title 42, The Public Health 
and Welfare.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-248 applicable to partnership taxable years 
beginning after Sept. 3, 1982, with provision for applicability of 
amendment to any partnership taxable year ending after Sept. 3, 1982, if 
partnership, each partner, and each indirect partner requests such 
application and Secretary of the Treasury or his delegate consents to 
such application, see section 407(a)(1), (3) of Pub. L. 97-248, set out 
as an Effective Date note under section 6221 of this title.


                    Effective Date of 1981 Amendment

    Amendment by section 221(b)(2)(A) of Pub. L. 97-34 applicable to 
amounts paid or incurred after June 30, 1981, see section 221(d) of Pub. 
L. 97-34, as amended, set out as an Effective Date note under section 41 
of this title.
    Amendment by section 331(d)(2)(A) of Pub. L. 97-34 applicable to 
taxable years beginning after Dec. 31, 1981, see section 339 of Pub. L. 
97-34, set out as a note under section 401 of this title.


                    Effective Date of 1980 Amendments

    Amendment by Pub. L. 96-598 effective on first day of first calendar 
month which begins more than 10 days after Dec. 24, 1980, see section 
1(e) of Pub. L. 96-598, set out as a note under section 4071 of this 
title.
    Amendment by Pub. L. 96-223 applicable to periods after Feb. 29, 
1980, see section 101(i) of Pub. L. 96-223, set out as a note under 
section 6161 of this title.
    Amendment by section 102(a)(2)(B) of Pub. L. 96-222 effective, 
except as otherwise provided, as if it had been included in the 
provisions of the Revenue Act of 1978, Pub. L. 95-600, to which such 
amendment relates, see section 201 of Pub. L. 96-222, set out as a note 
under section 32 of this title.
    Amendment by section 108(b)(1)(B) of Pub. L. 96-222 effective as if 
included in the provisions of the Black Lung Benefits Revenue Act of 
1977, Pub. L. 95-227, see section 108(b)(4) of Pub. L. 96-222, set out 
as a note under section 192 of this title.


                    Effective Date of 1978 Amendments

    Section 8(d) of Pub. L. 95-628 provided that: ``The amendments made 
by this section [amending this section and sections 6501, 6601, and 6611 
of this title] shall apply to carrybacks arising in taxable years 
beginning after the date of the enactment of this Act [Nov. 10, 1978].''
    Amendment by section 212(b)(1) of Pub. L. 95-600 applicable to 
partnership items arising in partnership taxable years beginning after 
Dec. 31, 1978, see section 212(c) of Pub. L. 95-600, set out as a note 
under section 6501 of this title.
    Amendment by section 703(p)(3) of Pub. L. 95-600 applicable with 
respect to losses sustained in taxable years ending Nov. 6, 1978, see 
section 703(p)(4) of Pub. L. 95-600, set out as a note under section 172 
of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-30 applicable to taxable years beginning 
after Dec. 31, 1976, and to credit carrybacks from such years, see 
section 202(e) of Pub. L. 95-30, set out as an Effective Date note under 
section 44B of this title.


                    Effective Date of 1976 Amendment

    Amendment by section 1203(h)(3) of Pub. L. 94-455 applicable to 
documents prepared after Dec. 31, 1976, see section 1203(j) of Pub. L. 
94-455, set out as a note under section 7701 of this title.
    Amendment by section 1906(a)(33) of Pub. L. 94-455 effective on 
first day of first month which begins more than 90 days after Oct. 4, 
1976, see section 1906(d)(1) of Pub. L. 94-455, set out as a note under 
section 6013 of this title.
    Amendment by section 2107(g)(2)(B) of Pub. L. 94-455 applicable to 
parts and accessories sold after Oct. 4, 1976, see section 2108(b) of 
Pub. L. 94-455, set out as a note under section 6416 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-406 effective Sept. 2, 1974, with exceptions 
specified in section 1461(b), (c) of Title 29, Labor, see section 
1461(a) of Title 29.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-178 applicable to taxable years beginning 
after Dec. 31, 1971, see section 601(f) of Pub. L. 92-178, set out as a 
note under section 381 of this title.


                    Effective Date of 1969 Amendment

    Amendment by section 101(h) of Pub. L. 91-172 effective Jan. 1, 
1970, see section 101(k)(1) of Pub. L. 91-172, set out as an Effective 
Date note under section 4940 of this title.
    Amendment by section 311(d)(3) of Pub. L. 91-172 applicable with 
respect to computation years (within the meaning of section 1302(c)(1) 
of this title) beginning after Dec. 31, 1969, and to base period years 
(within the meaning of section 1302(c)(3) of this title) applicable to 
such computation years, see section 311(e) of Pub. L. 91-172, set out as 
a note under section 1301 of this title.
    Amendment by section 512(e)(2) of Pub. L. 91-172 applicable with 
respect to net capital losses sustained in taxable years beginning after 
Dec. 31, 1969, see section 512(g) of Pub. L. 91-172, set out as a note 
under section 1212 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-225 applicable with respect to investment 
credit carrybacks attributable to net operating loss carrybacks from 
taxable years ending after July 31, 1967, see section 2(g) of Pub. L. 
90-225, set out as a note under section 46 of this title.


                    Effective Date of 1965 Amendment

    Amendment by Pub. L. 89-331 effective Nov. 8, 1965, see section 14 
of Pub. L. 89-331.


                    Effective Date of 1964 Amendments

    Amendment by Pub. L. 88-571 effective, with respect to amounts added 
to policyholders surplus accounts, for taxable years beginning after 
Dec. 31, 1958, see section 3(f) of Pub. L. 88-571, set out as a note 
under section 815 of this title.
    Amendment by Pub. L. 88-272, applicable to taxable years beginning 
after Dec. 31, 1964, see section 232(g) of Pub. L. 88-272, set out as an 
Effective Date note under section 1301 of this title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-834 applicable with respect to taxable years 
ending after Dec. 31, 1961, see section 2(h) of Pub. L. 87-834, set out 
as an Effective Date note under section 46 of this title.


                    Effective Date of 1959 Amendment

    Section 1(c) of Pub. L. 86-280, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided in part that: ``The 
amendment made by subsection (a) [amending this section] shall apply 
with respect to claims for credit or refund resulting from the 
elimination of excessive profits by renegotiation to which section 
6511(d)(2) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] 
applies.''


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-866 effective Aug. 17, 1954, see section 
1(c)(2) of Pub. L. 85-866, set out as a note under section 165 of this 
title.


                    Effective Date of 1956 Amendment

    Amendment by act June 29, 1956, effective June 29, 1956, see section 
211 of act June 29, 1956, set out as a note under section 4041 of this 
title.


                            Savings Provision

    For provisions that nothing in amendment by Pub. L. 101-508 be 
construed to affect treatment of certain transactions occurring, 
property acquired, or items of income, loss, deduction, or credit taken 
into account prior to Nov. 5, 1990, for purposes of determining 
liability for tax for periods ending after Nov. 5, 1990, see section 
11821(b) of Pub. L. 101-508, set out as a note under section 29 of this 
title.


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1800-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of this 
title.


           Extension of Time For Filing Claims for Tax Refunds

    Section 96 of Pub. L. 85-866 authorized refunds and credits for tax 
overpayments for any taxable year beginning after Dec. 31, 1953, and 
ending after Aug. 16, 1954, based upon business, trade, or education 
expenses, if the proper claim were filed on or before Sept. 2, 1958, or 
within 60 days thereafter.

                  Section Referred to in Other Sections

    This section is referred to in sections 815, 2011, 2014, 6013, 6015, 
6234, 6501, 6512, 6513, 6601, 6611, 6901 of this title.
