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26 U.S.C. § 6401

Amounts treated as overpayments

United States · Title 26 — INTERNAL REVENUE CODE · Status: effective

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26 U.S.C. § 6401, Amounts treated as overpayments, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/464152
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The term “overpayment” includes that part of the amount of the payment of any internal revenue tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto. If the amount allowable as credits under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) exceeds the tax imposed by subtitle A (reduced by the credits allowable under subparts A, B, D, and G of such part IV), the amount of such excess shall be considered an overpayment. For purposes of paragraph (1), any credit allowed under section 33 (relating to withholding of tax on nonresident aliens and on foreign corporations) for any taxable year shall be treated as a credit allowable under subpart C of part IV of subchapter A of chapter 1 only if an election under subsection (g) or (h) of section 6013 is in effect for such taxable year. The preceding sentence shall not apply to any credit so allowed by reason of section 1446. An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 94-12(H.R. 2166)1975-03-29
    Tax Reduction Act of 1975
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-455(H.R. 10612)1976-10-04
    Tax Reform Act of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-600(H.R. 13511)1978-11-06
    Revenue Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-618(H.R. 5263)1978-11-09
    Energy Tax Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-222(H.R. 2797)1980-04-01
    Technical Corrections Act of 1979
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-223(H.R. 3919)1980-04-02
    Crude Oil Windfall Profit Tax Act of 1980
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-248(H.R. 4961)1982-09-03
    Tax Equity and Fiscal Responsibility Act of 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-67(H.R. 2973)1983-08-05
    An act to promote economic revitalization and facilitate expansion of economic opportunities in the Caribbean Basin region, to provide for backup withholding of tax from interest and dividends, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-369(H.R. 4170)1984-07-18
    Deficit Reduction Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-514(H.R. 3838)1986-10-22
    Tax Reform Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-647(H.R. 4333)1988-11-10
    Technical and Miscellaneous Revenue Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-206(H.R. 2676)1998-07-22
    Internal Revenue Service Restructuring and Reform Act of 1998
  • Amended byPub. L. 109-58(H.R. 6)2005-08-08
    Energy Policy Act of 2005
  • Amended byPub. L. 110-234(H.R. 2419)2008-05-22
    Food, Conservation, and Energy Act of 2008
  • Amended byPub. L. 110-246(H.R. 6124)2008-06-18
    Food, Conservation, and Energy Act of 2008
  • Amended byPub. L. 111-5(H.R. 1)2009-02-17
    American Recovery and Reinvestment Act of 2009
  • Amended byPub. L. 115-97(H.R. 1)2017-12-22
    An act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018.