Allowance of credits or refunds
Credit or refund of any overpayment of tax imposed by section 4251, 4261, or 4271 may be allowed to the person who collected the tax and paid it to the Secretary if such person establishes, under such regulations as the Secretary may prescribe, that he has repaid the amount of such tax to the person from whom he collected it, or obtains the consent of such person to the allowance of such credit or refund.
Credit on returns
Any person entitled to a refund of tax imposed by section 4251, 4261, or 4271 paid, or collected and paid, to the Secretary by him may, instead of filing a claim for refund, take credit therefor against taxes imposed by such section due upon any subsequent return.
Refund of overcollections
In case any person required under section 4251, 4261, or 4271 to collect any tax shall make an overcollection of such tax, such person shall, upon proper application, refund such overcollection to the person entitled thereto.
Refund of taxable payment
Any person making a refund of any payment on which tax imposed by section 4251, 4261, or 4271 has been collected may repay therewith the amount of tax collected on such payment.
Aug. 16, 1954, ch. 73668A Stat. 798Pub. L. 85–475, § 4(b)(4)72 Stat. 260Pub. L. 85–859, title I, § 163(d)(1)72 Stat. 1311Pub. L. 89–44, title VI, § 601(b)79 Stat. 153Pub. L. 91–258, title II, § 205(b)(2)84 Stat. 241Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834(, ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 94–4551976—Subsecs. (a), (b). struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 91–2581970— inserted reference to section 4271 in four places.
Pub. L. 89–44, § 601(b)(1)1965—Subsec. (a). , (2), substituted “section 4251 or 4261” for “sections 4231(1), 4231(2), 4231(3), 4241, 4245, 4261, or 4286” and struck out last sentence which referred to payment outside the United States of taxes imposed under pars. (1), (2) and (3) of section 4231.
Pub. L. 89–44, § 601(b)(1)Subsecs. (b) to (d). , substituted “section 4251 or 4261” for “section 4231(1), 4231(2), 4231(3), 4241, 4245, 4261, or 4286” wherever appearing.
Pub. L. 85–859section 4231 of this title1958—Subsec. (a). provided that in the case of any payment outside the United States in respect of which tax is imposed under par. (1), (2), or (3) of , the person who paid for the admission or for the use of the box or seat shall be considered the person from whom the tax was collected.
Pub. L. 85–475Subsecs. (a) to (d). struck out references to section 4271.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Pub. L. 91–258section 211(a) of Pub. L. 91–258section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–44section 701(e) of Pub. L. 89–44section 6103 of this titleAmendment by to take effect in a manner consistent with effective date of change of tax provision to which related, see , set out as a note under .
Effective Date of 1958 Amendments
Pub. L. 85–859, § 1(c)72 Stat. 1275
Pub. L. 85–475, § 4(c)72 Stat. 261Pub. L. 99–514, § 2100 Stat. 2095