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LegalText 26 U.S.C. § 6695A Substantial and gross valuation misstatements attributable to incorrect appraisals us united_states_code code_section 26 INTERNAL REVENUE CODE 68 ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE PENALTIES 6695A 26 U.S.C. § 6695A current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s6695A data/legal/raw/us/code/title-26/usc26.xml 8f66b366e23e1834139d46b9bbf3fd7c24603e603f6f2ef201739ba06601856c a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 4149191a0666ad75abb84c9c4bb36a65c647034ea649aace3fb3e85825f32ae8 2026-07-04 official
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26 U.S.C. § 6695A - Substantial and gross valuation misstatements attributable to incorrect appraisals

Text

(a) Imposition of penalty If—

(1) a person prepares an appraisal of the value of property and such person knows, or reasonably should have known, that the appraisal would be used in connection with a return or a claim for refund, and

(2) the claimed value of the property on a return or claim for refund which is based on such appraisal results in a substantial valuation misstatement under chapter 1 (within the meaning of section 6662(e)), a substantial estate or gift tax valuation understatement (within the meaning of section 6662(g)), or a gross valuation misstatement (within the meaning of section 6662(h)), with respect to such property,

then such person shall pay a penalty in the amount determined under subsection (b).

(b) Amount of penalty The amount of the penalty imposed under subsection (a) on any person with respect to an appraisal shall be equal to the lesser of—

(1) the greater of—

(A) 10 percent of the amount of the underpayment (as defined in section 6664(a)) attributable to the misstatement described in subsection (a)(2), or

(B) $1,000, or

(2) 125 percent of the gross income received by the person described in subsection (a)(1) from the preparation of the appraisal.

(c) Exception No penalty shall be imposed under subsection (a) if the person establishes to the satisfaction of the Secretary that the value established in the appraisal was more likely than not the proper value.

(Added Pub. L. 109280, title XII, § 1219(b)(1), Aug. 17, 2006, 120 Stat. 1084; amended Pub. L. 110172, §§ 3(e)(1), 11(a)(40), Dec. 29, 2007, 121 Stat. 2474, 2488.)

Notes

Editorial Notes

Codification Section 1219(b)(1) of Pub. L. 109280, which directed the addition of section 6695A at the end of part I of subchapter B of chapter 68, without specifying the act to be amended, was executed by adding section 6695A at the end of part I of subchapter B of chapter 68 of this title, which consists of the Internal Revenue Code of 1986, to reflect the probable intent of Congress.

Amendments2007—Subsec. (a). Pub. L. 110172, § 11(a)(40), designated the words “then such person shall pay a penalty in the amount determined under subsection (b).”, appearing in par. (2), as concluding provisions of subsec. (a). Subsec. (a)(2). Pub. L. 110172, § 3(e)(1), inserted “a substantial estate or gift tax valuation understatement (within the meaning of section 6662(g)),” before “or a gross valuation misstatement”.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 AmendmentAmendment by section 3(e)(1) of Pub. L. 110172 effective as if included in the provisions of the Pension Protection Act of 2006, Pub. L. 109280, to which such amendment relates, see section 3(j) of Pub. L. 110172, set out as a note under section 170 of this title.

Effective DateSection applicable to appraisals prepared with respect to returns or submissions filed after Aug. 17, 2006, with special rule for certain easements, see section 1219(e)(2), (3) of Pub. L. 109280, set out as an Effective Date of 2006 Amendments note under section 170 of this title.