By Treasury to Joint Committee
No refund or credit of any income, war profits, excess profits, estate, or gift tax, or any tax imposed with respect to public charities, private foundations, operators’ trust funds, pension plans, or real estate investment trusts under chapter 41, 42, 43, or 44, in excess of $2,000,000 ($5,000,000 in the case of a C corporation) shall be made until after the expiration of 30 days from the date upon which a report giving the name of the person to whom the refund or credit is to be made, the amount of such refund or credit, and a summary of the facts and the decision of the Secretary, is submitted to the Joint Committee on Taxation.
Tentative adjustments
Any credit or refund allowed or made under section 6411 shall be made without regard to the provisions of subsection (a) of this section. In any such case, if the credit or refund, reduced by any deficiency in such tax thereafter assessed and by deficiencies in any other tax resulting from adjustments reflected in the determination of the credit or refund, is in excess of $2,000,000 ($5,000,000 in the case of a C corporation), there shall be submitted to such committee a report containing the matter specified in subsection (a) at such time after the making of the credit or refund as the Secretary shall determine the correct amount of the tax.
Refunds attributable to certain disaster losses
If any refund or credit of income taxes is attributable to the taxpayer’s election under section 165(i) to deduct a disaster loss for the taxable year immediately preceding the taxable year in which the disaster occurred, the Secretary is authorized in his discretion to make the refund or credit, to the extent attributable to such election, without regard to the provisions of subsection (a) of this section. If such refund or credit is made without regard to subsection (a), there shall thereafter be submitted to such Joint Committee a report containing the matter specified in subsection (a) as soon as the Secretary shall determine the correct amount of the tax for the taxable year for which the refund or credit is made.
Aug. 16, 1954, ch. 73668A Stat. 792Pub. L. 92–418, § 2(b)86 Stat. 657Pub. L. 92–512, title II, § 203(a)86 Stat. 944Pub. L. 94–455, title XII, § 1210(a)90 Stat. 1711Pub. L. 95–227, § 4(d)(3)92 Stat. 23Pub. L. 98–369, div. A, title VII, § 711(c)(3)98 Stat. 946Pub. L. 99–514, title XVIII, § 1879(e)100 Stat. 2906Pub. L. 101–508, title XI104 Stat. 1388–528Pub. L. 106–554, § 1(a)(7) [title III, § 305(a)]114 Stat. 2763Pub. L. 113–295, div. A, title III, § 301(a)128 Stat. 4055(, ; , , ; , , ; , (b), title XIX, § 1906(b)(13)(A), , , 1834; , , ; , , ; , , ; , §§ 11801(c)(21)(A), 11834(a), , , 1388–560; , , , 2763A–634; , , .)
Editorial Notes
Amendments
Pub. L. 113–2952014—Subsecs. (a), (b). inserted “($5,000,000 in the case of a C corporation)” after “$2,000,000”.
Pub. L. 106–5542000—Subsecs. (a), (b). substituted “$2,000,000” for “$1,000,000”.
Pub. L. 101–508, § 11834(a)1990—Subsecs. (a), (b). substituted “$1,000,000” for “$200,000”.
Pub. L. 101–508, § 11801(c)(21)(A)Subsec. (d). , struck out subsec. (d) which read as follows: “For purposes of this section, a refund or credit made under subchapter E of chapter 64 (relating to Federal collection of qualified State individual income taxes) for a taxable year shall be treated as a portion of a refund or credit of the income tax for that taxable year.”
Pub. L. 99–5141986—Subsecs. (b) to (e). redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out former subsec. (b) which read as follows: “A report to Congress shall be made annually by such committee of such refunds and credits, including the names of all persons and corporations to whom amounts are credited or payments are made, together with the amounts credited or paid to each.”
Pub. L. 98–3691984—Subsec. (d). substituted “section 165(i)” for “section 165(h)”.
Pub. L. 95–2271978—Subsec. (a). inserted provisions relating to applicability to public charities, operators’ trust funds, or real estate investment trusts, and references to chapters 41 and 44.
Pub. L. 94–455, § 1210(a)1976—Subsec. (a). , inserted reference to any tax imposed with respect to private foundations and pensions under chapters 42 and 43, substituted $200,000 for $100,000 and struck out “or his delegate” after “Secretary”.
Pub. L. 94–455Subsec. (c). , §§ 1210(b), 1906(b)(13)(A), substituted “$200,000” for “$100,000” and struck out “or his delegate” after “Secretary”.
Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (d). , struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 92–4181972—Subsec. (d). added subsec. (d).
Pub. L. 92–512Subsec. (e). added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–295, div. A, title III, § 301(b)128 Stat. 4055
Effective Date of 2000 Amendment
Pub. L. 106–554, § 1(a)(7) [title III, § 305(b)]114 Stat. 2763
Effective Date of 1990 Amendment
Pub. L. 101–508, title XI, § 11834(b)104 Stat. 1388–560
Effective Date of 1986 Amendment
Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–369Pub. L. 97–248section 715 of Pub. L. 98–369section 31 of this titleAmendment by effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, , to which such amendment relates, see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–227section 4(f) of Pub. L. 95–227section 192 of this titleAmendment by applicable with respect to contributions, acts, and expenditures made after , in and for taxable years beginning after such date, see , set out as an Effective Date note under .
Effective Date of 1976 Amendment
Pub. L. 94–455, title XII, § 1210(d)(1)90 Stat. 1711Pub. L. 99–514, § 2100 Stat. 2095
Effective Date of 1972 Amendment
Pub. L. 92–418, § 2(c)86 Stat. 657
Savings Provision
section 11801(c)(21)(A) of Pub. L. 101–508section 11821(b) of Pub. L. 101–508section 45K of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of 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 , see , as amended, set out as a note under .