U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 26Subtitle FChapter 66Subchapter A
§ 6503.
Suspension of running of period of limitation
(a)
Issuance of statutory notice of deficiency
(1)
General rule
(2)
Corporation joining in consolidated income tax return
(b)
Assets of taxpayer in control or custody of court
(c)
Taxpayer outside United States
(d)
Extensions of time for payment of estate tax
(e)
Extensions of time for payment of tax attributable to recoveries of foreign expropriation losses
(f)
Wrongful seizure of or lien on property of third party
(1)
Wrongful seizure
(2)
Wrongful lien
In the case of any assessment for which a lien was made on any property, the running of the period under section 6502 shall be suspended for a period equal to the period beginning on the date any person becomes entitled to a certificate under section 6325(b)(4) with respect to such property and ending on the date which is 30 days after the earlier of—
(A)
the earliest date on which the Secretary no longer holds any amount as a deposit or bond provided under section 6325(b)(4) by reason of such deposit or bond being used to satisfy the unpaid tax or being refunded or released; or
(B)
the date that the judgment secured under section 7426(b)(5) becomes final.
The running of such period shall be suspended under this paragraph only with respect to the amount of such assessment equal to the value of the interest of the United States in the property plus interest, penalties, additions to the tax, and additional amounts attributable thereto.
(g)
Suspension pending correction
(h)
Cases under title 11 of the United States Code
The running of the period of limitations provided in section 6501 or 6502 on the making of assessments or collection shall, in a case under title 11 of the United States Code, be suspended for the period during which the Secretary is prohibited by reason of such case from making the assessment or from collecting and—
(1)
for assessment, 60 days thereafter, and
(2)
for collection, 6 months thereafter.
(i)
Extension of time for payment of undistributed PFIC earnings tax liability
(j)
Extension in case of certain summonses
(1)
In general
If any designated summons is issued by the Secretary to a corporation (or to any other person to whom the corporation has transferred records) with respect to any return of tax by such corporation for a taxable year (or other period) for which such corporation is being examined under the coordinated industry case program (or any successor program) of the Internal Revenue Service, the running of any period of limitations provided in section 6501 on the assessment of such tax shall be suspended—
(A)
during any judicial enforcement period—
(i)
with respect to such summons, or
(ii)
with respect to any other summons which is issued during the 30-day period which begins on the date on which such designated summons is issued and which relates to the same return as such designated summons, and
(B)
if the court in any proceeding referred to in paragraph (3) requires any compliance with a summons referred to in subparagraph (A), during the 120-day period beginning with the 1st day after the close of the suspension under subparagraph (A).
If subparagraph (B) does not apply, such period shall in no event expire before the 60th day after the close of the suspension under subparagraph (A).
(2)
Designated summons
For purposes of this subsection—
(A)
In general
The term “designated summons” means any summons issued for purposes of determining the amount of any tax imposed by this title if—
(i)
the issuance of such summons is preceded by a review and written approval of such issuance by the Commissioner of the relevant operating division of the Internal Revenue Service and the Chief Counsel which—
(I)
states facts clearly establishing that the Secretary has made reasonable requests for the information that is the subject of the summons, and
(II)
is attached to such summons,
(ii)
such summons is issued at least 60 days before the day on which the period prescribed in section 6501 for the assessment of such tax expires (determined with regard to extensions), and
(iii)
such summons clearly states that it is a designated summons for purposes of this subsection.
(B)
Limitation
(3)
Judicial enforcement period
For purposes of this subsection, the term “judicial enforcement period” means, with respect to any summons, the period—
(A)
which begins on the day on which a court proceeding with respect to such summons is brought, and
(B)
which ends on the day on which there is a final resolution as to the summoned person’s response to such summons.
(4)
Establishment that reasonable requests for information were made
(k)
Cross references
For suspension in case of—
(1)
Deficiency dividends of a personal holding company, see section 547(f).
(2)
Receiverships, see subchapter B of chapter 70.
(3)
Claims against transferees and fiduciaries, see chapter 71.
(4)
Tax return preparers, see section 6694(c)(3).
(5)
Deficiency dividends in the case of a regulated investment company or a real estate investment trust, see section 860(h).
(Aug. 16, 1954, ch. 736, 68A Stat. 806; Aug. 6, 1956, ch. 1020, § 2, 70 Stat. 1075; Pub. L. 85–866, title II, § 206(d), Sept. 2, 1958, 72 Stat. 1685; Pub. L. 89–384, § 1(e), Apr. 8, 1966, 80 Stat. 104; Pub. L. 89–719, title I, § 106, Nov. 2, 1966, 80 Stat. 1139; Pub. L. 91–172, title I, § 101(g)(4), (j)(46), Dec. 30, 1969, 83 Stat. 525, 531; Pub. L. 93–406, title II, § 1016(a)(15), Sept. 2, 1974, 88 Stat. 930; Pub. L. 94–452, § 3(b), Oct. 2, 1976, 90 Stat. 1514; Pub. L. 94–455, title XII, § 1203(h)(1), title XVI, § 1601(f)(2), title XIX, §§ 1902(b)(2)(A), 1906(b)(13)(A), title XX, § 2004(c)(4), Oct. 4, 1976, 90 Stat. 1694, 1746, 1806, 1834, 1868; Pub. L. 95–227, § 4(d)(6), Feb. 10, 1978, 92 Stat. 23; Pub. L. 95–600, title III, § 362(d)(5), Nov. 6, 1978, 92 Stat. 2852; Pub. L. 96–222, title I, § 108(b)(1)(A), Apr. 1, 1980, 94 Stat. 226; Pub. L. 96–589, § 6(a), (i)(11), Dec. 24, 1980, 94 Stat. 3407, 3411; Pub. L. 96–596, § 2(a)(4)(D), (E), Dec. 24, 1980, 94 Stat. 3472; Pub. L. 97–34, title IV, § 422(e)(7), Aug. 13, 1981, 95 Stat. 316; Pub. L. 98–369, div. A, title III, § 305(b)(4), July 18, 1984, 98 Stat. 784; Pub. L. 99–514, title XII, § 1235(d), title XVIII, § 1875(d)(2)(B)(ii), Oct. 22, 1986, 100 Stat. 2575, 2896; Pub. L. 100–203, title X, § 10712(c)(3), Dec. 22, 1987, 101 Stat. 1330–467; Pub. L. 101–508, title XI, §§ 11311(a), 11801(c)(20)(A), Nov. 5, 1990, 104 Stat. 1388–453, 1388–528; Pub. L. 104–168, title X, § 1002(a)–(c), July 30, 1996, 110 Stat. 1468; Pub. L. 104–188, title I, § 1702(h)(17), Aug. 20, 1996, 110 Stat. 1874; Pub. L. 105–34, title XII, § 1237(c)(2), Aug. 5, 1997, 111 Stat. 1026; Pub. L. 105–206, title III, § 3106(b)(3), July 22, 1998, 112 Stat. 734; Pub. L. 110–28, title VIII, § 8246(a)(2)(E), May 25, 2007, 121 Stat. 201; Pub. L. 114–74, title XI, § 1101(f)(4), Nov. 2, 2015, 129 Stat. 638; Pub. L. 115–141, div. U, title IV, § 401(a)(296), Mar. 23, 2018, 132 Stat. 1198; Pub. L. 116–25, title I, § 1207(a)–(c), July 1, 2019, 133 Stat. 990, 991.)
cite as: 26 USC 6503
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