
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC6682]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle F--Procedure and Administration
 
  CHAPTER 68--ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE 
                                PENALTIES
 
                   Subchapter B--Assessable Penalties
 
                       PART I--GENERAL PROVISIONS
 
Sec. 6682. False information with respect to withholding


(a) Civil penalty

    In addition to any criminal penalty provided by law, if--
        (1) any individual makes a statement under section 3402 or 
    section 3406 which results in a decrease in the amounts deducted and 
    withheld under chapter 24, and
        (2) as of the time such statement was made, there was no 
    reasonable basis for such statement,

such individual shall pay a penalty of $500 for such statement.

(b) Exception

    The Secretary may waive (in whole or in part) the penalty imposed 
under subsection (a) if the taxes imposed with respect to the individual 
under subtitle A for the taxable year are equal to or less than the sum 
of--
        (1) the credits against such taxes allowed by part IV of 
    subchapter A of chapter 1, and
        (2) the payments of estimated tax which are considered payments 
    on account of such taxes.

(c) Deficiency procedures not to apply

    Subchapter B of chapter 63 (relating to deficiency procedures for 
income, estate, gift, and certain excise taxes) shall not apply in 
respect to the assessment or collection of any penalty imposed by 
subsection (a).

(Added Pub. L. 89-368, title I, Sec. 101(e)(4)(A), Mar. 15, 1966, 80 
Stat. 61; amended Pub. L. 91-172, title I, Sec. 101(j)(55), Dec. 30, 
1969, 83 Stat. 532; Pub. L. 93-406, title II, Sec. 1016(a)(23), Sept. 2, 
1974, 88 Stat. 931; Pub. L. 97-34, title VII, Sec. 721(a), Aug. 13, 
1981, 95 Stat. 340; Pub. L. 97-248, title III, Secs. 306(a), 308(a), 
Sept. 3, 1982, 96 Stat. 588, 591; Pub. L. 98-67, title I, Secs. 102(a), 
107(a), Aug. 5, 1983, 97 Stat. 369, 382.)


                               Amendments

    1983--Subsec. (a)(1). Pub. L. 98-67 inserted reference to section 
3406 and repealed amendments made by Pub. L. 97-248. See 1982 Amendment 
note below.
    1982--Subsec. (a)(1). Pub. L. 97-248 provided that, applicable to 
payments of interest, dividends, and patronage dividends paid or 
credited after June 30, 1983, par. (1) is amended by inserting ``or 
section 3452(f)(1)(A)'' after ``section 3402''. Section 102(a), (b) of 
Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A 
(Secs. 301-308) of title III of Pub. L. 97-248 as of the close of June 
30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] 
[this title] shall be applied and administered (subject to certain 
exceptions) as if such subtitle A (and the amendments made by such 
subtitle A) had not been enacted.
    1981--Pub. L. 97-34 struck out ``allowances based on itemized 
deductions'' after ``withholding'' in section catchline.
    Subsec. (a). Pub. L. 97-34 substituted provisions relating to 
imposition of penalty of $500 for statement under section 3402 resulting 
in decreased amounts withheld under chapter 24 and no reasonable basis 
existed for making such statement at the time it was made, for 
provisions relating to imposition of penalty of $50 for statement under 
section 3402(f)(1)(F) concerning amount of wages under chapter 24, or 
itemized deductions under section 3402(m), and provisions setting forth 
conditions for mitigation of such penalty.
    Subsecs. (b), (c). Pub. L. 97-34 added subsec. (b) and redesignated 
former subsec. (b) as (c).
    1974--Subsec. (b). Pub. L. 93-406 substituted ``and certain excise'' 
for ``chapter 42.''
    1969--Subsec. (b). Pub. L. 91-172 inserted reference to chapter 42 
taxes.


                    Effective Date of 1983 Amendment

    Amendment by section 107(a) of Pub. L. 98-67 effective Aug. 5, 1983, 
see section 110(c) of Pub. L. 98-67, set out as a note under section 31 
of this title.


                    Effective Date of 1981 Amendment

    Section 721(d) of Pub. L. 97-34 provided that: ``The amendments made 
by this section [amending sections 6682 and 7205 of this title] shall 
apply to acts and failures to act after December 31, 1981.''


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-406 applicable, except as otherwise provided 
in section 1017(c) through (i) of Pub. L. 93-406, for plan years 
beginning after Sept. 2, 1974, but, in the case of plans in existence on 
Jan. 1, 1974, amendment by Pub. L. 93-406 applicable for plan years 
beginning after Dec. 31, 1975, see section 1017 of Pub. L. 93-406, set 
out as an Effective Date; Transitional Rules note under section 410 of 
this title.


                    Effective Date of 1969 Amendment

    Amendment by 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.
