Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "26 U.S.C. § 6151"
description: "Time and place for paying tax shown on returns"
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title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "62"
chapter_name: "TIME AND PLACE FOR PAYING TAX"
section: "6151"
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---
# 26 U.S.C. § 6151 - Time and place for paying tax shown on returns
## Text
(a) General rule Except as otherwise provided in this subchapter, when a return of tax is required under this title or regulations, the person required to make such return shall, without assessment or notice and demand from the Secretary, pay such tax to the internal revenue officer with whom the return is filed, and shall pay such tax at the time and place fixed for filing the return (determined without regard to any extension of time for filing the return).
(b) Exceptions (1) Income tax not computed by taxpayer If the taxpayer elects under section 6014 not to show the tax on the return, the amount determined by the Secretary as payable shall be paid within 30 days after the mailing by the Secretary to the taxpayer of a notice stating such amount and making demand therefor.
(2) Use of government depositaries For authority of the Secretary to require payments to Government depositaries, see section 6302(c).
(c) Date fixed for payment of tax In any case in which a tax is required to be paid on or before a certain date, or within a certain period, any reference in this title to the date fixed for payment of such tax shall be deemed a reference to the last day fixed for such payment (determined without regard to any extension of time for paying the tax).
(Aug. 16, 1954, ch. 736, 68A Stat. 757; Pub. L. 89713, § 1(b), Nov. 2, 1966, 80 Stat. 1108; Pub. L. 94452, § 3(c)(2), Oct. 2, 1976, 90 Stat. 1514; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. Subsec. (a). Pub. L. 94452 substituted “subchapter,” for “section,”. 1966—Subsec. (a). Pub. L. 89713 substituted the revenue officer with whom the return is filed for the principal internal revenue officer for the internal revenue district in which the return is required to be filed as the description of the person to whom the tax is paid.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentPub. L. 94452, § 3(e), Oct. 2, 1976, 90 Stat. 1514, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(1) In general.—The amendments made by this section [enacting section 6158 of this title and amending this section and sections 6503 and 6601 of this title] shall take effect on October 1, 1977, with respect to sales after July 7, 1970, in taxable years ending after July 7, 1970, but only in the case of qualified bank holding corporations (within the meaning of section 1103(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended by section 2(a) of this Act). “(2) Special rule for certifying sales which have already taken place.—For purposes of section 6158(a) of the Internal Revenue Code of 1986 (as added by subsection (a) of this section) in the case of any sale which takes place on or before the 90th day after the date of the enactment of this Act [Oct. 2, 1976], a certification by the Federal Reserve Board described in section 6158(a) shall be treated as made before the sale if application for such certification is made before the close of the 90th day after the date of the enactment of this Act [Oct. 2, 1976]. “(3) Refund of tax.—“(A) In general.—If any tax attributable to a sale which occurred before October 1, 1977, is payable in annual installments by reason of an election under section 6158(a) of the Internal Revenue Code of 1986, any portion of such tax for which the due date of the installment does not occur before October 1, 1977, shall, on application of the taxpayer, be treated as an overpayment of tax. “(B) Interest on overpayments.—For purposes of section 6611(b) in the case of any overpayment attributable to subparagraph (A), the date of the overpayment shall be the day which is 6 months after the latest of the following:“(i) the date on which application for refund or credit of such overpayment is filed, “(ii) the due date prescribed by law (determined without extensions) for filing the return of tax under chapter 1 of the Internal Revenue Code of 1986 for the taxable year the tax of which is being refunded or credited, or “(iii) the date of the enactment of this Act [Oct. 2, 1976]. “(C) Extension of period of limitations.—If any refund or credit of tax attributable to the application of subparagraph (A) is prevented at any time before October 1, 1978, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before October 1, 1978.”
Effective Date of 1966 AmendmentAmendment by Pub. L. 89713 effective Nov. 2, 1966, see section 6 of Pub. L. 89713, set out as a note under section 6091 of this title.
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# 26 U.S.C. § 6152 - Repealed. Pub. L. 99514, title XIV, § 1404(c)(1), Oct. 22, 1986, 100 Stat. 2714]
## Notes
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 757; Sept. 1, 1954, ch. 1212, § 3, 68 Stat. 1130; Oct. 4, 1976, Pub. L. 94455, title XIX, § 1906(a)(9), (b)(13)(A), 90 Stat. 1824, 1834; Sept. 3, 1982, Pub. L. 97248, title II, § 234(b)(1), 96 Stat. 503, related to installment payments of taxes.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable to taxable years beginning after Dec. 31, 1986, see section 1404(d) of Pub. L. 99514, set out as an Effective Date of 1986 Amendment note under section 643 of this title.
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# 26 U.S.C. § 6153 - Repealed. Pub. L. 98369, div. A, title IV, § 412(a)(3), July 18, 1984, 98 Stat. 792]
## Notes
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 758; Sept. 25, 1962, Pub. L. 87682, § 1(a)(3), (c), 76 Stat. 575; Dec. 23, 1975, Pub. L. 94164, § 5(b), 89 Stat. 975; June 30, 1976, Pub. L. 94331, § 3(b), 90 Stat. 782; Sept. 3, 1976, Pub. L. 94396, § 2(a)(2), 90 Stat. 1201; Sept. 17, 1976, Pub. L. 94414, § 3(b), 90 Stat. 1273; Oct. 4, 1976, Pub. L. 94455, title XIX, § 1906(b)(13)(A), 90 Stat. 1834; Aug. 13, 1981, Pub. L. 9734, title VII, § 725(c)(3), 95 Stat. 346; Sept. 3, 1982, Pub. L. 97248, title III, § 328(b)(3), 96 Stat. 618, related to installment payments of estimated income tax by individuals.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable with respect to taxable years beginning after Dec. 31, 1984, see section 414(a)(1) of Pub. L. 98369, set out as an Effective Date of 1984 Amendment note under section 6654 of this title.
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# 26 U.S.C. § 6154 - Repealed. Pub. L. 100203, title X, § 10301(b)(1), Dec. 22, 1987, 101 Stat. 1330429]
## Notes
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 760; Feb. 26, 1964, Pub. L. 88272, title I, § 122(a), 78 Stat. 25; Mar. 15, 1966, Pub. L. 89368, title I, § 104(a), 80 Stat. 64; June 28, 1968, Pub. L. 90364, title I, § 103(b), 82 Stat. 260; Dec. 23, 1975, Pub. L. 94164, § 5(c), 89 Stat. 975; June 30, 1976, Pub. L. 94331, § 3(c), 90 Stat. 782; Sept. 3, 1976, Pub. L. 94396, § 2(a)(3), 90 Stat. 1201; Sept. 17, 1976, Pub. L. 94414, § 3(c), 90 Stat. 1273; Oct. 4, 1976, Pub. L. 94455, title IX, § 901(c)(3), title XIX, § 1906(a)(10), (b)(13)(A), 90 Stat. 1607, 1825, 1834; Nov. 6, 1978, Pub. L. 95600, title III, § 301(b)(20)(A), 92 Stat. 2823; Jan. 12, 1983, Pub. L. 97448, title II, § 201(j)(2), 96 Stat. 2396; Oct. 17, 1986, Pub. L. 99499, title V, § 516(b)(4)(A), 100 Stat. 1771; Oct. 22, 1986, Pub. L. 99514, title VII, § 701(d)(1), title XV, § 1542(a), 100 Stat. 2341, 2751; Nov. 10, 1988, Pub. L. 100647, title I, §§ 1007(g)(10), 1015(h), 102 Stat. 3435, 3571, related to installment payments of estimated income tax by corporations.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable to taxable years beginning after Dec. 31, 1987, see section 10301(c) of Pub. L. 100203, set out as an Effective Date of 1987 Amendment note under section 585 of this title.
@@ -0,0 +1,51 @@
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type: "LegalText"
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description: "Payment on notice and demand"
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title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "62"
chapter_name: "TIME AND PLACE FOR PAYING TAX"
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---
# 26 U.S.C. § 6155 - Payment on notice and demand
## Text
(a) General rule Upon receipt of notice and demand from the Secretary, there shall be paid at the place and time stated in such notice the amount of any tax (including any interest, additional amounts, additions to tax, and assessable penalties) stated in such notice and demand.
(b) Cross references (1) For restrictions on assessment and collection of deficiency assessments of taxes subject to the jurisdiction of the Tax Court, see sections 6212 and 6213.
(2) For provisions relating to assessment of claims allowed in a receivership proceeding, see section 6873.
(3) For provisions relating to jeopardy assessments, see subchapter A of chapter 70.
(Aug. 16, 1954, ch. 736, 68A Stat. 760; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96589, § 6(i)(7), Dec. 24, 1980, 94 Stat. 3410.)
## Notes
Editorial Notes
Amendments1980—Subsec. (b)(2). Pub. L. 96589 struck out reference to a bankruptcy proceeding. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96589 effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of Pub. L. 96589, set out as a note under section 108 of this title.
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---
# 26 U.S.C. § 6156 - Repealed. Pub. L. 108357, title VIII, § 867(b)(1), Oct. 22, 2004, 118 Stat. 1622]
## Notes
Section, added Pub. L. 8761, title II, § 203(c)(1), June 29, 1961, 75 Stat. 125; amended Pub. L. 91258, title II, § 206(b), (d)(2), May 21, 1970, 84 Stat. 245, 246; Pub. L. 91605, title III, § 303(a)(10), Dec. 31, 1970, 84 Stat. 1744; Pub. L. 94280, title III, § 303(a)(10), May 5, 1976, 90 Stat. 456; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95599, title V, § 502(a)(9), Nov. 6, 1978, 92 Stat. 2756; Pub. L. 97248, title II, § 280(c)(2)(C)(E), Sept. 3, 1982, 96 Stat. 564; Pub. L. 97424, title V, § 516(a)(6), Jan. 6, 1983, 96 Stat. 2183; Pub. L. 10017, title V, § 502(d)(2), Apr. 2, 1987, 101 Stat. 257; Pub. L. 101508, title XI, § 11211(f)(2), Nov. 5, 1990, 104 Stat. 1388427; Pub. L. 102240, title VIII, § 8002(c)(2), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 105178, title IX, § 9002(a)(2)(B), June 9, 1998, 112 Stat. 500, related to installment payments of tax on use of highway motor vehicles.
A prior section 6156 was renumbered section 6157 of this title, prior to repeal by Pub. L. 9153, § 2(a), Aug. 7, 1969, 83 Stat. 91.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable to taxable periods beginning after Oct. 22, 2004, see section 867(e) of Pub. L. 108357, set out as an Effective Date of 2004 Amendment note under section 4481 of this title.
@@ -0,0 +1,75 @@
---
type: "LegalText"
title: "26 U.S.C. § 6157"
description: "Payment of Federal unemployment tax on quarterly or other time period basis"
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title_number: 26
title_name: "INTERNAL REVENUE CODE"
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# 26 U.S.C. § 6157 - Payment of Federal unemployment tax on quarterly or other time period basis
## Text
(a) General rule Every person who for the calendar year is an employer (as defined in section 3306(a)) shall—
(1) if the person is such an employer for the preceding calendar year (determined by only taking into account wages paid and employment during such preceding calendar year), compute the tax imposed by section 3301 for each of the first 3 calendar quarters in the calendar year on wages paid for services with respect to which the person is such an employer for such preceding calendar year (as so determined), and
(2) if the person is not such an employer for the preceding calendar year with respect to any services (as so determined), compute the tax imposed by section 3301 on wages paid for services with respect to which the person is not such an employer for the preceding calendar year (as so determined)—
(A) for the period beginning with the first day of the calendar year and ending with the last day of the calendar quarter (excluding the last calendar quarter) in which such person becomes such an employer with respect to such services, and
(B) for the third calendar quarter of such year, if the period specified in subparagraph (A) includes only the first two calendar quarters of the calendar year.
The tax for any calendar quarter or other period shall be computed as provided in subsection (b) and the tax as so computed shall, except as otherwise provided in subsection (c), be paid in such manner and at such time as may be provided in regulations prescribed by the Secretary.
(b) Computation of tax The tax for any calendar quarter or other period referred to in paragraph (1) or (2) of subsection (a) shall be computed by multiplying the amount of wages (as defined in section 3306(b)) paid in such calendar quarter or other period by 0.6 percent. In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.8 percent in lieu of 0.6 percent.
(c) Special rule where accumulated amount does not exceed $100 Nothing in this section shall require the payment of tax with respect to any calendar quarter or other period if the tax under section 3301 for such period, plus any unpaid amounts for prior periods in the calendar year, does not exceed $100.
(Added Pub. L. 9153, § 2(a), Aug. 7, 1969, 83 Stat. 91; amended Pub. L. 91373, title I, § 101(b)(1), (2), Aug. 10, 1970, 84 Stat. 696; Pub. L. 92329, § 2(b), June 30, 1972, 86 Stat. 398; Pub. L. 94455, title XIX, § 1906(a)(11), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1825, 1834; Pub. L. 94566, title I, § 114(b), title II, § 211(e)(3) [(c)(3)], Oct. 20, 1976, 90 Stat. 2669, 2677; Pub. L. 97248, title II, § 271(b)(2)(C), (c)(3)(C), Sept. 3, 1982, 96 Stat. 555; Pub. L. 9876, title II, § 231(b)(1), Aug. 12, 1983, 97 Stat. 428; Pub. L. 100647, title VII, § 7106(c)(1), Nov. 10, 1988, 102 Stat. 3773; Pub. L. 101239, title VII, § 7841(d)(12), Dec. 19, 1989, 103 Stat. 2428.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6157, act Aug. 16, 1954, ch. 736, 68A Stat. 761, § 6156; renumbered § 6157, June 29, 1961, Pub. L. 8761, title II, § 203(c)(1), 75 Stat. 125, made a cross reference provision for payment of taxes under provisions of the Tariff Act, prior to repeal by Pub. L. 9153, § 2(a), Aug. 7, 1969, 83 Stat. 91.
Amendments1989—Subsec. (a). Pub. L. 101239 substituted “subsection (c)” for “subsections (c) and (d)” in last sentence. 1988—Subsec. (d). Pub. L. 100647 struck out subsec. (d) which related to quarterly payment of railroad unemployment repayment tax. 1983—Subsec. (d). Pub. L. 9876 added subsec. (d). 1982—Subsec. (b). Pub. L. 97248, § 271(c)(3)(C), substituted “0.6” for “0.5” in two places. Pub. L. 97248, § 271(b)(2)(C), substituted “0.8” for “0.7”. 1976—Subsec. (a). Pub. L. 94566, § 114(b), amended subsec. (a) generally, changing the general rule covering payment of Federal unemployment tax on a quarterly or other time period basis to conform to the altered definitions of employment and wages pertaining to domestic and agricultural service in section 3306 of this title. Pub. L. 94455, § 1906(a)(11)(B), (b)(13)(A), substituted “subsection (c)” for “subsections (c) and (d)” and struck out “or his delegate” after “Secretary”. Subsec. (b). Pub. L. 94566, § 211(e)(3) [(c)(3)], substituted “In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.7 percent in lieu of 0.5 percent” for “In the case of wages paid in any calendar quarter or other period during 1973, the amount of such wages shall be multiplied by 0.58 percent in lieu of 0.5 percent”. Subsecs. (c), (d). Pub. L. 94455, § 1906(a)(11)(A), redesignated subsec. (d) as (c). Former subsec. (c), which related to the percentage reduction for 1970 and 1971 of the tax computed in subsec. (b), was struck out. 1972—Subsec. (b). Pub. L. 92329 inserted provisions setting forth the computation of tax in the case of wages paid in any calendar quarter or other period during 1973. 1970—Subsec. (a)(1). Pub. L. 91373, § 101(b)(1), reduced from 4 to 1 the number of individuals which a person had to employ on each of some 20 days during the preceding calendar year and inserted provision covering persons who, during any calendar quarter in the preceding calendar year, paid wages of $1,500 or more. Subsec. (b). Pub. L. 91373, § 101(b)(2), substituted “0.5 percent” for “the number of percentage points (including fractional points) by which the rate of tax specified in section 3301 exceeds .7 percent”. be the date on which payment would have been required if such remainder had been the tax.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable to remuneration paid after Dec. 31, 1988, see section 7106(d) of Pub. L. 100647, set out as a note under section 3321 of this title.
Effective Date of 1983 AmendmentAmendment by Pub. L. 9876 applicable to remuneration paid after June 30, 1986, see section 231(d) of Pub. L. 9876, set out as an Effective Date note under section 3321 of this title.
Effective Date of 1982 AmendmentAmendment by section 271(b)(2)(C) of Pub. L. 97248 applicable to remuneration paid after Dec. 31, 1982, see section 271(d)(1) of Pub. L. 97248, as amended, set out as a note under section 3301 of this title. Amendment by section 271(c)(3)(C) of Pub. L. 97248 applicable to remuneration paid after Dec. 31, 1984, see section 271(d)(2) of Pub. L. 97248, as amended, set out as a note under section 3301 of this title.
Effective Date of 1976 AmendmentAmendment by section 114(b) of Pub. L. 94566 effective with respect to remuneration paid after Dec. 31, 1977, for services performed after that date, see section 114(c) of Pub. L. 94566 set out as a note under section 3306 of this title. Amendment by section 211(e)(3) of Pub. L. 94566 effective Oct. 20, 1976, see section 211(d)(3) of Pub. L. 94566, set out as a note under section 1101 of Title 42, The Public Health and Welfare.
Effective Date of 1970 AmendmentAmendment by section 101(b)(1) of Pub. L. 91373 applicable with respect to calendar years beginning after Dec. 31, 1971, see section 101(c)(1) of Pub. L. 91373, set out as a note under section 3306 of this title. Pub. L. 91373, title I, § 101(c)(2), Aug. 10, 1970, 84 Stat. 696, provided that: “The amendment made by subsection (b)(2) [amending this section] shall apply with respect to calendar years beginning after December 31, 1969.”
Effective DatePub. L. 9153, § 4(a), Aug. 7, 1969, 83 Stat. 93, provided that: “The amendments made by the first two sections of this Act [enacting section 6317 and amending this section and sections 3306, 6201, 6513, and 6601 of this title] shall apply with respect to calendar years beginning after December 31, 1969.”
Extension of Time for Payment of Additional FUTA TaxesPub. L. 102244, § 4, Feb. 7, 1992, 106 Stat. 4, provided that: “(a) In General.—Notwithstanding any other provision of law, if a qualified taxpayer is required to pay additional taxes for taxable years beginning in 1991 with respect to any employment in any State by reason of such State being declared a credit reduction State, such taxpayer may elect to defer the filing and payment of such additional taxes to a date no later than June 30, 1992. “(b) Interest.—Notwithstanding subsection (a), for purposes of section 6601(a) of the Internal Revenue Code of 1986, the last date prescribed for payment of any additional taxes for which an election is made under subsection (a) shall be January 31, 1992. “(c) Definitions.—For purposes of this section—“(1) Qualified taxpayer.—The term qualified taxpayer means a taxpayer—“(A) in a State which has been declared a credit reduction State for taxable years beginning in 1991, and “(B) who did not receive notice of such credit reduction before December 1, 1991 from either the State unemployment compensation agency or the Internal Revenue Service. “(2) Credit reduction state.—The term credit reduction State means a State with respect to which the Internal Revenue Service has determined that a reduction in credits is applicable for taxable years beginning in 1991 pursuant to the provisions of section 3302 of the Internal Revenue Code of 1986. “(d) Time and Manner for Making Election.—An election under this section shall be made at such time and in such manner as the Secretary of the Treasury shall prescribe.”
Wages Paid in 1970 Calendar Quarters Ending Before August 10, 1970Pub. L. 91373, title III, § 301(b), Aug. 10, 1970, 84 Stat. 713, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of section 6157 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to payment of Federal unemployment tax on quarterly or other time period basis), in computing tax as required by subsections (a)(1) and (2) of such section, the percentage contained in subsection (b) of such section applicable with respect to wages paid in any calendar quarter in 1970 ending before the date of the enactment of this Act [Aug. 10, 1970] shall be treated as being 0.4 percent.”
@@ -0,0 +1,37 @@
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# 26 U.S.C. § 6158 - Repealed. Pub. L. 101508, title XI, § 11801(a)(44), Nov. 5, 1990, 104 Stat. 1388521]
## Notes
Section, added Pub. L. 94452, § 3(a), Oct. 2, 1976, 90 Stat. 1512; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to installment payment of tax attributable to divestitures pursuant to Bank Holding Company Act Amendments of 1970.
Statutory Notes and Related Subsidiaries
Savings ProvisionFor provisions that nothing in repeal by Pub. L. 101508 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. 101508, set out as a note under section 45K of this title.
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# 26 U.S.C. § 6159 - Agreements for payment of tax liability in installments
## Text
(a) Authorization of agreements The Secretary is authorized to enter into written agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Secretary determines that such agreement will facilitate full or partial collection of such liability.
(b) Extent to which agreements remain in effect (1) In general Except as otherwise provided in this subsection, any agreement entered into by the Secretary under subsection (a) shall remain in effect for the term of the agreement.
(2) Inadequate information or jeopardy The Secretary may terminate any agreement entered into by the Secretary under subsection (a) if—
(A) information which the taxpayer provided to the Secretary prior to the date such agreement was entered into was inaccurate or incomplete, or
(B) the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.
(3) Subsequent change in financial conditions If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement.
(4) Failure to pay an installment or any other tax liability when due or to provide requested financial information The Secretary may alter, modify, or terminate an agreement entered into by the Secretary under subsection (a) in the case of the failure of the taxpayer—
(A) to pay any installment at the time such installment payment is due under such agreement,
(B) to pay any other tax liability at the time such liability is due, or
(C) to provide a financial condition update as requested by the Secretary.
(5) Notice requirements The Secretary may not take any action under paragraph (2), (3), or (4) unless—
(A) a notice of such action is provided to the taxpayer not later than the day 30 days before the date of such action, and
(B) such notice includes an explanation why the Secretary intends to take such action.
The preceding sentence shall not apply in any case in which the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.
(c) Secretary required to enter into installment agreements in certain cases In the case of a liability for tax of an individual under subtitle A, the Secretary shall enter into an agreement to accept the full payment of such tax in installments if, as of the date the individual offers to enter into the agreement—
(1) the aggregate amount of such liability (determined without regard to interest, penalties, additions to the tax, and additional amounts) does not exceed $10,000;
(2) the taxpayer (and, if such liability relates to a joint return, the taxpayers spouse) has not, during any of the preceding 5 taxable years—
(A) failed to file any return of tax imposed by subtitle A;
(B) failed to pay any tax required to be shown on any such return; or
(C) entered into an installment agreement under this section for payment of any tax imposed by subtitle A,
(3) the Secretary determines that the taxpayer is financially unable to pay such liability in full when due (and the taxpayer submits such information as the Secretary may require to make such determination);
(4) the agreement requires full payment of such liability within 3 years; and
(5) the taxpayer agrees to comply with the provisions of this title for the period such agreement is in effect.
(d) Secretary required to review installment agreements for partial collection every two years In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years.
(e) Administrative review The Secretary shall establish procedures for an independent administrative review of terminations of installment agreements under this section for taxpayers who request such a review.
(f) Installment agreement fees (1) Limitation on fee amount The amount of any fee imposed on an installment agreement under this section may not exceed the amount of such fee as in effect on the date of the enactment of this subsection.
(2) Waiver or reimbursement In the case of any taxpayer with an adjusted gross income, as determined for the most recent year for which such information is available, which does not exceed 250 percent of the applicable poverty level (as determined by the Secretary)—
(A) if the taxpayer has agreed to make payments under the installment agreement by electronic payment through a debit instrument, no fee shall be imposed on an installment agreement under this section, and
(B) if the taxpayer is unable to make payments under the installment agreement by electronic payment through a debit instrument, the Secretary shall, upon completion of the installment agreement, pay the taxpayer an amount equal to any such fees imposed.
(g) Cross reference For rights to administrative review and appeal, see section 7122(e).
(Added Pub. L. 100647, title VI, § 6234(a), Nov. 10, 1988, 102 Stat. 3735; amended Pub. L. 104168, title II, §§ 201(a), (b), 202(a), July 30, 1996, 110 Stat. 1456, 1457; Pub. L. 105206, title III, §§ 3462(c)(2), 3467(a), July 22, 1998, 112 Stat. 766, 769; Pub. L. 105277, div. J, title IV, § 4002(g), Oct. 21, 1998, 112 Stat. 2681907; Pub. L. 108357, title VIII, § 843(a), (b), Oct. 22, 2004, 118 Stat. 1600; Pub. L. 109222, title V, § 509(c), May 17, 2006, 120 Stat. 363; Pub. L. 115123, div. D, title II, § 41105(a), Feb. 9, 2018, 132 Stat. 157.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 115123, which was approved Feb. 9, 2018.
Amendments2018—Subsecs. (f), (g). Pub. L. 115123 added subsec. (f) and redesignated former subsec. (f) as (g). 2006—Subsec. (f). Pub. L. 109222 substituted “section 7122(e)” for “section 7122(d)”. 2004—Subsec. (a). Pub. L. 108357, § 843(a)(1), substituted “make payment on” for “satisfy liability for payment of” and inserted “full or partial” after “facilitate”. Subsec. (c). Pub. L. 108357, § 843(a)(2), inserted “full” before “payment” in introductory provisions. Subsecs. (d) to (f). Pub. L. 108357, § 843(b), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1998—Subsec. (c). Pub. L. 105206, § 3467(a), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 105277 redesignated subsec. (d), relating to cross reference, as (e). Pub. L. 105206, § 3467(a), redesignated former subsec. (c), relating to administrative review, as (d). Pub. L. 105206, § 3462(c)(2), added subsec. (d), relating to cross reference. Subsec. (e). Pub. L. 105277 redesignated subsec. (d), relating to cross reference, as (e). 1996—Subsec. (b)(3). Pub. L. 104168, § 201(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “(A) In general.—If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement. “(B) Notice.—Action may be taken by the Secretary under subparagraph (A) only if— “(i) notice of such determination is provided to the taxpayer no later than 30 days prior to the date of such action, and “(ii) such notice includes the reasons why the Secretary believes a significant change in the financial condition of the taxpayer has occurred.” Subsec. (b)(5). Pub. L. 104168, § 201(a), added par. (5). Subsec. (c). Pub. L. 104168, § 202(a), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115123, div. D, title II, § 41105(b), Feb. 9, 2018, 132 Stat. 157, provided that: “The amendments made by this section [amending this section] shall apply to agreements entered into on or after the date which is 60 days after the date of the enactment of this Act [Feb. 9, 2018].”
Effective Date of 2006 AmendmentPub. L. 109222, title V, § 509(d), May 17, 2006, 120 Stat. 364, provided that: “The amendments made by this section [amending this section and section 7122 of this title] shall apply to offers-in-compromise submitted on and after the date which is 60 days after the date of the enactment of this Act [May 17, 2006].”
Effective Date of 2004 AmendmentPub. L. 108357, title VIII, § 843(c), Oct. 22, 2004, 118 Stat. 1600, provided that: “The amendments made by this section [amending this section] shall apply to agreements entered into on or after the date of the enactment of this Act [Oct. 22, 2004].”
Effective Date of 1998 AmendmentsAmendment by Pub. L. 105277 effective as if included in the provision of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105206, to which such amendment relates, see section 4002(k) of Pub. L. 105277, set out as a note under section 1 of this title. Amendment by section 3462(c)(2) of Pub. L. 105206 applicable to proposed offers-in-compromise and installment agreements submitted after July 22, 1998, see section 3462(e)(1) of Pub. L. 105206, set out as a note under section 6331 of this title. Pub. L. 105206, title III, § 3467(b), July 22, 1998, 112 Stat. 770, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [July 22, 1998].”
Effective Date of 1996 AmendmentPub. L. 104168, title II, § 201(c), July 30, 1996, 110 Stat. 1457, provided that: “The amendments made by this section [amending this section] shall take effect on the date 6 months after the date of the enactment of this Act [July 30, 1996].” Pub. L. 104168, title II, § 202(b), July 30, 1996, 110 Stat. 1457, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1997.”
Effective DatePub. L. 100647, title VI, § 6234(c), Nov. 10, 1988, 102 Stat. 3736, provided that: “The amendments made by this section [enacting this section and amending section 6601 of this title] shall apply to agreements entered into after the date of the enactment of this Act [Nov. 10, 1988].”
Statements Regarding Installment AgreementsPub. L. 105206, title III, § 3506, July 22, 1998, 112 Stat. 771, as amended by Pub. L. 106554, § 1(a)(7) [title III, § 302(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A632, provided that: “The Secretary of the Treasury or the Secretarys delegate shall, beginning not later than September 1, 2001, provide each taxpayer who has an installment agreement in effect under section 6159 of the Internal Revenue Code of 1986 an annual statement setting forth the initial balance at the beginning of the year, the payments made during the year, and the remaining balance as of the end of the year.”
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# 26 U.S.C. § 6161 - Extension of time for paying tax
## Text
(a) Amount determined by taxpayer on return (1) General rule The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return or declaration required under authority of this title (or any installment thereof), for a reasonable period not to exceed 6 months (12 months in the case of estate tax) from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad.
(2) Estate tax The Secretary may, for reasonable cause, extend the time for payment of—
(A) any part of the amount determined by the executor as the tax imposed by chapter 11, or
(B) any part of any installment under section 6166 (including any part of a deficiency prorated to any installment under such section).
for a reasonable period not in excess of 10 years from the date prescribed by section 6151(a) for payment of the tax (or, in the case of an amount referred to in subparagraph (B), if later, not beyond the date which is 12 months after the due date for the last installment).
(b) Amount determined as deficiency (1) Income, gift, and certain other taxes Under regulations prescribed by the Secretary, the Secretary may extend the time for the payment of the amount determined as a deficiency of a tax imposed by chapter 1, 12, 41, 42, 43, or 44 for a period not to exceed 18 months from the date fixed for the payment of the deficiency, and in exceptional cases, for a further period not to exceed 12 months. An extension under this paragraph may be granted only where it is shown to the satisfaction of the Secretary that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer in the case of a tax imposed by chapter 1, 41, 42, 43, or 44, or to the donor in the case of a tax imposed by chapter 12.
(2) Estate tax Under regulations prescribed by the Secretary, the Secretary may, for reasonable cause, extend the time for the payment of any deficiency of a tax imposed by chapter 11 for a reasonable period not to exceed 4 years from the date otherwise fixed for the payment of the deficiency.
(3) No extension for certain deficiencies No extension shall be granted under this subsection for any deficiency if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(c) Claims in cases under title 11 of the United States Code or in receivership proceedings Extensions of time for payment of any portion of a claim for tax under chapter 1 or chapter 12, allowed in cases under title 11 of the United States Code or in receivership proceedings, which is unpaid, may be had in the same manner and subject to the same provisions and limitations as provided in subsection (b) in respect of a deficiency in such tax.
(d) Cross references (1) Period of limitation For extension of the period of limitation in case of an extension under subsection (a)(2) or subsection (b)(2), see section 6503(d).
(2) Security For authority of the Secretary to require security in case of an extension under subsection (a)(2) or subsection (b), see section 6165.
(3) Postponement of certain acts For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
(Aug. 16, 1954, ch. 736, 68A Stat. 762; Pub. L. 85866, title II, § 206(c), Sept. 2, 1958, 72 Stat. 1684; Pub. L. 91172, title I, § 101(j)(37), Dec. 30, 1969, 83 Stat. 530; Pub. L. 91614, title I, § 101(h), Dec. 31, 1970, 84 Stat. 1838; Pub. L. 93406, title II, § 1016(a)(7), Sept. 2, 1974, 88 Stat. 929; Pub. L. 94455, title XIII, § 1307(d)(2)(C), title XVI, § 1605(b)(3), title XIX, § 1906(b)(13)(A), title XX, § 2004(c)(1), (2), Oct. 4, 1976, 90 Stat. 1727, 1754, 1834, 1867, 1868; Pub. L. 96223, title I, § 101(f)(1)(H), Apr. 2, 1980, 94 Stat. 252; Pub. L. 96589, § 6(i)(8), Dec. 24, 1980, 94 Stat. 3410; Pub. L. 9734, title IV, § 422(e)(1), Aug. 13, 1981, 95 Stat. 316; Pub. L. 100418, title I, § 1941(b)(2)(B)(viii), Aug. 23, 1988, 102 Stat. 1323; Pub. L. 107134, title I, § 112(d)(3), Jan. 23, 2002, 115 Stat. 2435.)
## Notes
Editorial Notes
Amendments2002—Subsec. (d)(3). Pub. L. 107134 added par. (3). 1988—Subsec. (b)(1). Pub. L. 100418 substituted “or 44” for “44, or 45” in two places. 1981—Subsec. (a)(2)(B). Pub. L. 9734 struck out reference to section 6166A. 1980—Subsec. (b)(1). Pub. L. 96223 inserted references to chapter 45. Subsec. (c). Pub. L. 96589 substituted “Claims in cases under title 11 of the United States Code or in receivership proceedings” for “Claims in bankruptcy or receivership proceedings” in heading, and substituted reference to cases under title 11 of the United States Code, for reference to bankruptcy proceedings in text. 1976—Subsec. (a)(1). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (a)(2). Pub. L. 94455, § 2004(c)(1), struck out in subpar. (A) “that the payment, on the due date, of” before “any part of the amount”, in subpar. (B) provisions relating to payment, on the date fixed for payment of any installment, and subpar. (C) which related to payment upon notice and demand of a deficiency prorated under the provisions of section 6161, inserted in subpar. (B) “or 6166A” after “section 6166”, substituted in subpar. (B) “under such section” for “the date for payment for which had not arrived”, and inserted in text following subpar. (B) provisions relating to extension of time for payment in the case of an amount referred to in subpar. (B). Subsec. (b). Pub. L. 94455, §§ 1307(d)(2)(C), 1605(b)(3), 2004(c)(2), among other changes, inserted reference to chapter 41, effective on or after Oct. 4, 1976, and reference to chapter 44, applicable to taxable years of real estate investment trusts beginning after Oct. 4, 1976, and struck out provisions relating to grant of extensions with respect to hardships to taxpayers, applicable to the estates of decedents dying after Dec. 31, 1976. Subsec. (d)(2). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. 1974—Subsec. (b). Pub. L. 93406 inserted references to chapter 43. 1970—Subsec. (a)(1). Pub. L. 91614 substituted “6 months (12 months in the case of estate tax)” for “6 months”. 1969—Subsec. (b). Pub. L. 91172 inserted references to chapter 42. 1958—Subsec. (a)(2). Pub. L. 85866 inserted provisions allowing Secretary or his delegate to extend time for payment for reasonable period, not exceeding 10 years from date prescribed by section 6151(a), if he finds that payment on date fixed for payment of any installment under section 6166, or any part of such installment, or payment of any part of a deficiency prorated under section 6166 to installments the date for payment of which had arrived would result in undue hardship.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107134 applicable to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Benefit Guaranty Corporation occurring on or after Jan. 23, 2002, see section 112(f) of Pub. L. 107134, set out as a note under section 6081 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100418 applicable to crude oil removed from the premises on or after Aug. 23, 1988, see section 1941(c) of Pub. L. 100418, set out as a note under section 164 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9734 applicable to estates of decedents dying after Dec. 31, 1981, see section 422(f)(1) of Pub. L. 9734, set out as a note under section 6166 of this title.
Effective Date of 1980 AmendmentsAmendment by Pub. L. 96589 effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of Pub. L. 96589, set out as a note under section 108 of this title. Pub. L. 96223, title I, § 101(i), Apr. 2, 1980, 94 Stat. 254, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(1) In general.—The amendments made by this section [enacting sections 4986 to 4998, 6050C, 6076, and 7241 of this title and amending this section and sections 164, 6211, 6212, 6213, 6214, 6302, 6344, 6501, 6511, 6512, 6601, 6611, 6652, 6653, 6862, 7422, and 7512 of this title] shall apply to periods after February 29, 1980. “(2) Transitional rules.—For the period ending June 30, 1980, the Secretary of the Treasury or his delegate shall prescribe rules relating to the administration of chapter 45 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]. To the extent provided in such rules, such rules shall supplement or supplant for such period the administrative provisions contained in chapter 45 of such Code (or in so much of subtitle F of such Code [section 6001 et seq. of this title] as relates to such chapter 45).”
Effective Date of 1976 AmendmentAmendment by section 1307(d)(2)(C) of Pub. L. 94455 effective on and after Oct. 4, 1976, see section 1307(e)(6) of Pub. L. 94455, set out as a note under section 501 of this title. For effective date of amendment by section 1605(b)(3) of Pub. L. 94455, see section 1608(d) of Pub. L. 94455, set out as a note under section 856 of this title. Amendment by section 2004(c)(1), (2) of Pub. L. 94455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2004(g) of Pub. L. 94455, set out as an Effective Date note under section 6166 of this title.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93406 applicable, except as otherwise provided in section 1017(c) through (i) of Pub. L. 93406, for plan years beginning after Sept. 2, 1974, but, in the case of plans in existence on Jan. 1, 1974, amendment by Pub. L. 93406 applicable for plan years beginning after Dec. 31, 1975, see section 1017 of Pub. L. 93406, set out as an Effective Date; Transitional Rules note under section 410 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91614 applicable with respect to decedents dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91614, set out as a note under section 2032 of this title.
Effective Date of 1969 AmendmentAmendment by Pub. L. 91172 effective Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91172, set out as an Effective Date note under section 4940 of this title.
Effective Date of 1958 AmendmentPub. L. 85866, title II, § 206(f), Sept. 2, 1958, 72 Stat. 1685, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “The amendments made by this section [enacting section 6166 of this title and amending this section and sections 6503 and 6601 of this title] shall apply to estates of decedents with respect to which the date for the filing of the estate tax return (including extensions thereof) prescribed by section 6075(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] is after the date of the enactment of this Act [Sept. 2, 1958]; except that (1) section 6166(i) of such Code as added by this section shall apply to estates of decedents dying after August 16, 1954, but only if the date for the filing of the estate tax return (including extensions thereof) expired on or before the date of the enactment of this Act [Sept. 2, 1958], and (2) notwithstanding section 6166(a) of such Code, if an election under such section is required to be made before the sixtieth day after the date of the enactment of this Act [Sept. 2, 1958] such an election shall be considered timely if made on or before such sixtieth day.”
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# 26 U.S.C. § 6162 - Repealed. Pub. L. 94455, title XIX, § 1906(a)(12), Oct. 4, 1976, 90 Stat. 1825]
## Notes
Section, act Aug. 16, 1954, ch. 736, 68A Stat. 763, provided for an extension of time for payment of tax on gain attributable to liquidation of personal holding companies.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on first day of month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of Pub. L. 94455, set out as an Effective Date of 1976 Amendment note under section 6013 of this title.
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# 26 U.S.C. § 6163 - Extension of time for payment of estate tax on value of reversionary or remainder interest in property
## Text
(a) Extension permitted If the value of a reversionary or remainder interest in property is included under chapter 11 in the value of the gross estate, the payment of the part of the tax under chapter 11 attributable to such interest may, at the election of the executor, be postponed until 6 months after the termination of the precedent interest or interests in the property, under such regulations as the Secretary may prescribe.
(b) Extension for reasonable cause At the expiration of the period of postponement provided for in subsection (a), the Secretary may, for reasonable cause, extend the time for payment for a reasonable period or periods not in excess of 3 years from the expiration of the period of postponement provided in subsection (a).
(c) Cross reference For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
(Aug. 16, 1954, ch. 736, 68A Stat. 763; Pub. L. 85866, title I, § 66(b)(1), Sept. 2, 1958, 72 Stat. 1658; Pub. L. 88272, title II, § 240(a), Feb. 26, 1964, 78 Stat. 129; Pub. L. 93625, § 7(d)(1), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 94455, title XIX, § 1906(b)(13)(A), title XX, § 2004(c)(3), Oct. 4, 1976, 90 Stat. 1834, 1868.)
## Notes
Editorial Notes
Amendments1976—Subsec. (a). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (b). Pub. L. 94455, § 2004(c)(3), substituted provisions relating to extension of time for payment for a reasonable cause for provisions relating to extension of time for payment for undue hardship to the estate. Subsec. (c). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. 1975—Subsec. (c). Pub. L. 93625 struck out par. (1) cross reference to interest provisions of section 6601(b) of this title and struck out par. (2) designation of cross reference to security, now incorporated in present subsec. (c) provision. 1964—Subsec. (b). Pub. L. 88272 substituted “or periods not in excess of 3” for “not in excess of 2”. 1958—Subsecs. (b), (c). Pub. L. 85866 added subsec. (b) and redesignated former subsec. (b) as (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by section 2004(c)(3) of Pub. L. 94455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2004(g) of Pub. L. 94455, set out as an Effective Date note under section 6166 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 93625 effective on July 1, 1975, and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93625, set out as an Effective Date note under section 6621 of this title.
Effective Date of 1964 AmendmentPub. L. 88272, title II, § 240(c), Feb. 26, 1964, 78 Stat. 129, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(1) The amendment made by subsection (a) [amending this section] shall apply in the case of any reversionary or remainder interest only if the time for payment of the tax under chapter 11 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] attributable to such interest, including any extensions thereof, has not expired on the date of the enactment of this Act [Feb. 26, 1964]. “(2) The amendment made by subsection (b) [amending section 925 of I.R.C. 1939] shall apply in the case of any reversionary or remainder interest only if the time for payment of the tax under chapter 3 of the Internal Revenue Code of 1939 attributable to such interest, including any extensions thereof, has not expired on the date of the enactment of this Act [Feb. 26, 1964].”
Effective Date of 1958 AmendmentPub. L. 85866, title I, § 66(b)(3), Sept. 2, 1958, 72 Stat. 1658, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and sections 925 and 926 of I.R.C. 1939] shall apply in the case of any reversionary or remainder interest only if the precedent interest or interests in the property did not terminate before the beginning of the 6-month period which ends on the date of the enactment of this Act [Sept. 2, 1958].”
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# 26 U.S.C. § 6164 - Extension of time for payment of taxes by corporations expecting carrybacks
## Text
(a) In general If a corporation, in any taxable year, files with the Secretary a statement, as provided in subsection (b), with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by subtitle A for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section.
(b) Contents of statement The statement shall be filed at such time and in such manner and form as the Secretary may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172(b), from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require—
(1) the estimated amount of the expected net operating loss;
(2) the reasons, facts, and circumstances which cause the corporation to expect such net operating loss;
(3) the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously determined being ascertained in accordance with the method prescribed in section 1314(a); and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined;
(4) the tax and the part thereof the time for payment of which is to be extended; and
(5) such other information for purposes of carrying out the provisions of this section as may be required by such regulations.
The Secretary shall, upon request, furnish a receipt for any statement filed, which shall set forth the date of such filing.
(c) Amount to which extension relates and installment payments The amount the time for payment of which may be extended under subsection (a) with respect to any tax shall not exceed the amount of such tax shown on the return, increased by any amount assessed as a deficiency (or as interest or addition to the tax) prior to the date of filing the statement and decreased by any amount paid or required to be paid prior to the date of such filing, and the total amount of the tax the time for payment of which may be extended shall not exceed the amount stated under subsection (b)(3). For purposes of this subsection, an amount shall not be considered as required to be paid unless shown on the return or assessed as a deficiency (or as interest or addition to the tax), and an amount assessed as a deficiency (or as interest or addition to the tax) shall be considered to be required to be paid prior to the date of filing of the statement if the 10th day after notice and demand for its payment occurs prior to such date. If an extension of time under this section relates to only a part of the tax, the time for payment of the remainder shall be the date on which payment would have been required if such remainder had been the tax.
(d) Period of extension The extension of time for payment provided in this section shall expire—
(1) on the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for the filing of the return for the taxable year of the expected net operating loss, or
(2) if an application for tentative carryback adjustment provided in section 6411 with respect to such loss is filed before the expiration of the period prescribed in paragraph (1), on the date on which notice is mailed by certified mail or registered mail by the Secretary to the taxpayer that such application is allowed or disallowed in whole or in part.
(e) Revised statements Each statement filed under subsection (a) with respect to any taxable year shall be in lieu of the last statement previously filed with respect to such year. If the amount the time for payment of which is extended under a statement filed is less than the amount under the last statement previously filed, the extension of time shall be terminated as to the difference between the two amounts.
(f) Termination The Secretary is not required to make any examination of the statement, but he may make such examination thereof as he deems necessary and practicable. The Secretary shall terminate the extension as to any part of the amount to which it relates which he deems should be terminated because, upon such examination, he believes that, as of the time such examination is made, all or any part of the statement clearly is in a material respect erroneous or unreasonable.
(g) Payments on termination If an extension of time is terminated under subsection (e) or (f) with respect to any amount, then—
(1) no further extension of time shall be made under this section with respect to such amount, and
(2) the time for payment of such amount shall be considered to be the date on which payment would have been required if there had been no extension with respect to such amount.
(h) Jeopardy If the Secretary believes that collection of the amount to which an extension under this section relates is in jeopardy, he shall immediately terminate such extension, and notice and demand shall be made by him for payment of such amount.
(i) Consolidated returns If the corporation seeking an extension of time under this section made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises or for the preceding taxable year affected by such loss, the provisions of such section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 764; Pub. L. 85866, title I, § 89(b), Sept. 2, 1958, 72 Stat. 1665; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97248, title II, § 234(b)(2)(C), Sept. 3, 1982, 96 Stat. 503.)
## Notes
Editorial Notes
Amendments1982—Subsec. (c). Pub. L. 97248, § 234(b)(2)(C)(i), substituted “shall be the date on which payment would have been required if such remainder had been the tax” for “shall be considered to be the dates on which payments would have been required if such remainder had been the tax and the taxpayer had elected to pay the tax in installments as provided in section 6152” in last sentence. Subsec. (g)(2). Pub. L. 97248, § 234(b)(2)(C)(ii), substituted “date on which payment would have been required if there had been no extension with respect to such amount” for “dates on which payments would have been required if there had been no extension with respect to such amount and the taxpayer had elected to pay the tax in installments as provided in section 6152”. 1976—Subsecs. (a), (b), (d), (f), (h), (i). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1958—Subsec. (d)(2). Pub. L. 85866 inserted “certified mail or” before “registered mail”.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentAmendment by Pub. L. 97248 applicable to taxable years beginning after Dec. 31, 1982, see section 234(e) of Pub. L. 97248, set out as a note under section 6655 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85866 applicable only if mailing occurs after Sept. 2, 1958, see section 89(d) of Pub. L. 85866, set out as a note under section 7502 of this title.
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# 26 U.S.C. § 6165 - Bonds where time to pay tax or deficiency has been extended
## Text
In the event the Secretary grants any extension of time within which to pay any tax or any deficiency therein, the Secretary may require the taxpayer to furnish a bond in such amount (not exceeding double the amount with respect to which the extension is granted) conditioned upon the payment of the amount extended in accordance with the terms of such extension.
(Aug. 16, 1954, ch. 736, 68A Stat. 766; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
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# 26 U.S.C. § 6166A - Repealed. Pub. L. 9734, title IV, § 422(d), Aug. 13, 1981, 95 Stat. 315]
## Notes
Section, added Pub. L. 85866, title II, § 206(a), Sept. 2, 1958, 72 Stat. 1681, § 6166; amended Pub. L. 93625, § 7(d)(2), (3), Jan. 3, 1975, 88 Stat. 2115; renumbered § 6166A and amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), title XX, § 2004(a), Oct. 4, 1976, 90 Stat. 1834, 1862, provided for an extension of time for payment of estate tax where estate consists largely of interest in closely held business.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable to estates of decedents dying after Dec. 31, 1981, see section 422(f)(1) of Pub. L. 9734, set out as an Effective Date of 1981 Amendment note under section 6166 of this title.
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retrieved_at: "2026-07-04"
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tags: ["legal", "us-code"]
---
# 26 U.S.C. § 6167 - Extension of time for payment of tax attributable to recovery of foreign expropriation losses
## Text
(a) Extension allowed by election If—
(1) a corporation has a recovery of a foreign expropriation loss to which section 1351 applies, and
(2) the portion of the recovery received in money is less than 25 percent of the amount of such recovery (as defined in section 1351(c)) and is not greater than the tax attributable to such recovery,
the tax attributable to such recovery shall, at the election of the taxpayer, be payable in 10 equal installments on the 15th day of the fourth month of each of the taxable years following the taxable year of the recovery. Such election shall be made at such time and in such manner as the Secretary may prescribe by regulations. If an election is made under this subsection, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of such tax.
(b) Extension permitted by Secretary If a corporation has a recovery of a foreign expropriation loss to which section 1351 applies and if an election is not made under subsection (a), the Secretary may, upon finding that the payment of the tax attributable to such recovery at the time otherwise provided in this subtitle would result in undue hardship, extend the time for payment of such tax for a reasonable period or periods not in excess of 9 years from the date on which such tax is otherwise payable.
(c) Acceleration of payments If—
(1) an election is made under subsection (a),
(2) during any taxable year before the tax attributable to such recovery is paid in full—
(A) any property (other than money) received on such recovery is sold or exchanged, or
(B) any property (other than money) received on any sale or exchange described in subparagraph (A) is sold or exchanged, and
(3) the amount of money received on such sale or exchange (reduced by the amount of the tax imposed under chapter 1 with respect to such sale or exchange), when added to the amount of money—
(A) received on such recovery, and
(B) received on previous sales or exchanges described in subparagraphs (A) and (B) of paragraph (2) (as so reduced),
exceeds the amount of money which may be received under subsection (a)(2),
an amount of the tax attributable to such recovery equal to such excess shall be payable on the 15th day of the fourth month of the taxable year following the taxable year in which such sale or exchange occurs. The amount of such tax so paid shall be treated, for purposes of this section, as a payment of the first unpaid installment or installments (or portion thereof) which become payable under subsection (a) following such taxable year.
(d) Proration of deficiency to installments If an election is made under subsection (a), and a deficiency attributable to the recovery of a foreign expropriation loss has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
(e) Time for payment of interest If the time for payment for any amount of tax has been extended under this section, interest payable under section 6601 on any unpaid portion of such amount shall be paid annually at the same time as, and as part of, each installment payment of the tax. Interest, on that part of a deficiency prorated under this section to any installment the date for payment of which has not arrived, for the period before the date fixed for the last installment preceding the assessment of the deficiency, shall be paid upon notice and demand from the Secretary.
(f) Tax attributable to recovery of foreign expropriation loss For purposes of this section, the tax attributable to a recovery of a foreign expropriation loss is the sum of—
(1) the additional tax imposed by section 1351(d)(1) on such recovery, and
(2) the amount by which the tax imposed under subtitle A is increased by reason of the gain on such recovery which under section 1351(e) is considered as gain on the involuntary conversion of property.
(g) Failure to pay installment If any installment under this section is not paid on or before the date fixed for its payment by this section (including any extension of time for the payment of such installment), the unpaid portion of the tax payable in installments shall be paid upon notice and demand from the Secretary.
(h) Cross-references (1) Security.— For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
(2) Period of limitation.— For extension of the period of limitation in the case of an extension under this section, see section 6503(e).
(Added Pub. L. 89384, § 1(d), Apr. 8, 1966, 80 Stat. 102; amended Pub. L. 93625, § 7(d)(2), (3), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 94455, title XIX, §§ 1902(b)(2)(B), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1806, 1834; Pub. L. 11441, title II, § 2006(a)(2)(D), July 31, 2015, 129 Stat. 457.)
## Notes
Editorial Notes
Amendments2015—Subsecs. (a), (c). Pub. L. 11441 substituted “fourth month” for “third month” in concluding provisions. 1976—Subsecs. (a), (b), (d), (e), (g). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (h). Pub. L. 94455, §§ 1902(b)(2)(B), 1906(b)(13)(A), substituted “section 6503(e)” for “section 6503(f)”, and struck out “or his delegate” after “Secretary”. 1975—Subsec. (e). Pub. L. 93625, § 7(d)(2), struck out provision that in applying section 6601(j) (relating to the application of the 4-percent interest rate in the case of recoveries of foreign expropriation losses to which this section applies) in the case of a deficiency, the entire amount which was prorated to installments under this section shall be treated as an amount of tax the payment of which was extended under this section. Subsec. (h). Pub. L. 93625, § 7(d)(3), struck out par. (1) providing a cross reference for payment of interest at 4 percent per annum for period of an extension under section 6601(j) of this title, and redesignated pars. (2) and (3) as (1) and (2), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11441 applicable to returns for taxable years beginning after Dec. 31, 2015, with special rule for certain C corporations, see section 2006(a)(3) of Pub. L. 11441, set out as a note under section 170 of this title.
Effective Date of 1976 AmendmentAmendment by section 1902(b)(2)(B) of Pub. L. 94455 applicable to estates of decedents dying after Oct. 4, 1976, see section 1902(c)(1) of Pub. L. 94455, set out as a note under section 2012 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 93625 effective July 1, 1975, and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93625, set out as an Effective Date note under section 6621 of this title.
Effective DateSection applicable with respect to amounts received after Dec. 31, 1964, in respect of foreign expropriation losses (as defined in section 1351(b) of this title) sustained after Dec. 31, 1958, see section 2 of Pub. L. 89384, set out as a note under section 1351 of this title.