General rule
In the case of any estate with respect to which an election has been made under section 6166, if the executor makes an election under this section (at such time and in such manner as the Secretary shall by regulations prescribe) and files the agreement referred to in subsection (c), the deferred amount (plus any interest, additional amount, addition to tax, assessable penalty, and costs attributable to the deferred amount) shall be a lien in favor of the United States on the section 6166 lien property.
Section 6166 lien property
In general
Maximum value of required property
Partial substitution of bond for lien
If the value required as section 6166 lien property pursuant to paragraph (2) exceeds the value of the interests in property covered by the agreement referred to in subsection (c), the Secretary may accept bond in an amount equal to such excess conditioned on the payment of the amount extended in accordance with the terms of such extension.
Agreement
Special rules
Requirement that lien be filed
The lien imposed by this section shall not be valid as against any purchaser, holder of a security interest, mechanic’s lien, or judgment lien creditor until notice thereof which meets the requirements of section 6323(f) has been filed by the Secretary. Such notice shall not be required to be refiled.
Period of lien
The lien imposed by this section shall arise at the time the executor is discharged from liability under section 2204 (or, if earlier, at the time notice is filed pursuant to paragraph (1)) and shall continue until the liability for the deferred amount is satisfied or becomes unenforceable by reason of lapse of time.
Priorities
Real property tax and special assessment liens
To the extent provided in section 6323(b)(6).
Real property subject to a mechanic’s lien for repairs and improvement
In the case of any real property subject to a lien for repair or improvement, as against a mechanic’s lienor.
Real property construction or improvement financing agreement
As against any security interest set forth in paragraph (3) of section 6323(c) (whether such security interest came into existence before or after tax lien filing).
Lien to be in lieu of section 6324 lien
If there is a lien under this section on any property with respect to any estate, there shall not be any lien under section 6324 on such property with respect to the same estate.
Additional lien property required in certain cases
If at any time the value of the property covered by the agreement is less than the unpaid portion of the deferred amount and the required interest amount, the Secretary may require the addition of property to the agreement (but he may not require under this paragraph that the value of the property covered by the agreement exceed such unpaid portion). If property having the required value is not added to the property covered by the agreement (or if other security equal to the required value is not furnished) within 90 days after notice and demand therefor by the Secretary, the failure to comply with the preceding sentence shall be treated as an act accelerating payment of the installments under section 6166(g).
Lien to be in lieu of bond
The Secretary may not require under section 6165 the furnishing of any bond for the payment of any tax to which an agreement which meets the requirements of subsection (c) applies.
Definitions
Deferred amount
The term “deferred amount” means the aggregate amount deferred under section 6166 (determined as of the date prescribed by section 6151(a) for payment of the tax imposed by chapter 11).
Required interest amount
The term “required interest amount” means the aggregate amount of interest which will be payable over the first 4 years of the deferral period with respect to the deferred amount (determined as of the date prescribed by section 6151(a) for the payment of the tax imposed by chapter 11).
Deferral period
The term “deferral period” means the period for which the payment of tax is deferred pursuant to the election under section 6166.
Application of definitions in case of deficiencies
In the case of a deficiency, a separate deferred amount, required interest amount, and deferral period shall be determined as of the due date of the first installment after the deficiency is prorated to installments under section 6166.
Pub. L. 94–455, title XX, § 2004(d)(1)90 Stat. 1868Pub. L. 95–600, title VII, § 702(e)(1)92 Stat. 2929Pub. L. 97–34, title IV, § 422(e)(6)(A)95 Stat. 316(Added , , ; amended , , ; –(C), , .)
Editorial Notes
Amendments
Pub. L. 97–34, § 422(e)(6)(C)1981—, struck out “or 6166A” after “section 6166” in section catchline.
Pub. L. 97–34, § 422(e)(6)(A)Subsecs. (a), (c)(2). , struck out “or 6166A” after “section 6166”.
Pub. L. 97–34, § 422(e)(6)(B)Subsec. (d)(3), (5). , struck out “or 6166A(h)” after “section 6166(g)”.
Pub. L. 97–34, § 422(e)(6)(A)Subsec. (e)(1), (3), (4). , struck out “or 6166A” after “section 6166”.
Pub. L. 95–600, § 702(e)(1)(B)1978—Subsec. (b)(2)(B). , substituted “required interest amount” for “aggregate interest amount”.
Pub. L. 95–600, § 702(e)(1)(C)Subsec. (d)(5). , substituted “required interest amount” for “aggregate interest amount”.
Pub. L. 95–600, § 702(e)(1)(A)Subsec. (e)(2). , substituted “Required interest amount” for “Aggregate interest amount” in heading and in text “required interest amount”, “over the first 4 years of the deferral period” and “for the payment” for “aggregate interest amount”, “over the deferral period” and “for payment”, respectively.
Pub. L. 95–600, § 702(e)(1)(D)Subsec. (e)(4). , substituted “required interest amount” for “aggregate interest amount”.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Pub. L. 97–34section 422(f)(1) of Pub. L. 97–34section 6166 of this titleAmendment by applicable to estates of decedents dying after , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–600, title VII, § 702(e)(2)92 Stat. 2930