26 USC 6167 - Extension of time for payment of tax attributable to recovery of foreign expropriation losses

U.S Code last checked for updates: Nov 23, 2024

§ 6167.

Extension of time for payment of tax attributable to recovery of foreign expropriation losses

(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

(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

(e)

Time for payment of interest

(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

(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. 89–384, § 1(d), Apr. 8, 1966, 80 Stat. 102; amended Pub. L. 93–625, § 7(d)(2), (3), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 94–455, title XIX, §§ 1902(b)(2)(B), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1806, 1834; Pub. L. 114–41, title II, § 2006(a)(2)(D), July 31, 2015, 129 Stat. 457.)

cite as: 26 USC 6167