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26 CFR 301.6402-4 - Payments in excess of amounts shown on return.

There are 5 Updates appearing in the Federal Register for 26 CFR 301. Select the tab below to view, or View eCFR (GPOAccess)
§ 301.6402-4
Payments in excess of amounts shown on return.
In certain cases, the taxpayer's payments in respect of his tax liability, made before the filing of his return, may exceed the amount of tax shown on the return. For example, such payments may arise in the case of the income tax when the estimated tax or the credit for income tax withheld at the source on wages exceeds the amount of tax shown on the return, or where a corporation obtains an extension of time for filing its return and makes installment payments based on its estimate of its tax liability which exceed the tax liability shown on the return subsequently filed. In any case in which the district director or the director of the regional service center determines that the payments by the taxpayer (made within the period prescribed for payment and before the filing of the return) are in excess of the amount of tax shown on the return, he may make credit or refund of such overpayment without awaiting examination of the completed return and without awaiting filing of a claim for refund. However, the provisions of §§ 301.6402-2 and 301.6402-3 are applicable to such overpayment, and taxpayers should submit claims for refund (if the income tax return is not itself a claim for refund, as provided in § 301.6402-3) to protect themselves in the event the district director or the director of the regional service center fails to make such determination and credit or refund. The provisions of section 6405 (relating to reports of refunds of more than $100,000 to the Joint Committee on Internal Revenue Taxation) are not applicable to the overpayments described in this section caused by timely payments of tax which exceed the amount of tax shown on a timely return.

Title 26 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 26.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5874 - Regulations Relating to Information Reporting by Foreign Financial Institutions and Withholding on Certain Payments to Foreign Financial Institutions and Other Foreign Entities
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, Internal Revenue Service
      Final Regulations.
      Effective date. These regulations are effective January 28, 2013. Applicability dates. For dates of applicability, see §§ 1.1471-1(c); 1.1471-2(a)(1); 1.1471-2(a)(2)(i), (ii), (iii)(A); 1.1471-2(a)(4)(ii); 1.1471-3(d)(1); 1.1471-3(d)(4)(i), (ii); (iv); 1.1471-3(d)(6)(v); 1.1471-3(d)(11)(viii)(A); 1471-3(d)(12)(iii)(B); 1471-3(e)(3)(ii); 1471-3(e)(4)(vii)(B); 1.1471-4(b)(1), (4); 1.1471-4(d)(7); 1.1471-4(e)(2)(v); 1.1471-4(e)(3)(iv); 1.1471-5(f)(2)(iv); 1.1471-6(i); 1.1472-1(b); 1.1473-1(a)(1)(ii) and 1.1473-1(a)(4)(vi); 1.1474-1(d)(4)(iii)(C) and 1.1474-1(i); 1.1474-2(c); 1.1471-3(c); 1.1474-4(b); 1.1474-5(c); 1.1474-6(f); 1.1474-7(c); 301.1474-1(e).
      26 CFR Parts 1 and 301

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 522

USC: Title 26a

§ 1

§ 41

§ 42

§ 48

§ 56

§ 82

§ 108

§ 121

§ 141

§ 142

§ 143

§ 145

§ 147

§ 165

§ 168

§ 216

§ 219

§ 245

§ 263

§ 263A

§ 448

§ 453C

§ 460

§ 463

§ 468B

§ 469

§ 474

§ 585

§ 597

§ 616

§ 617

§ 643

§ 831

§ 835

§ 865

§ 904

§ 1059

§ 1103

§ 2056

§ 2056A

§ 2523

§ 2632

§ 2652

§ 3121

§ 3127

§ 4982

§ 6011

§ 6033

§ 6036

§ 6037

§ 6050M

§ 6061

§ 6081

§ 6103

§ 6104

§ 6111

§ 6112

§ 6114

§ 6158

§ 6223

§ 6230

§ 6231

§ 6233

§ 6241

§ 6245

§ 6311

§ 6323

§ 6326

§ 6343

§ 6402

§ 6404

§ 6411

§ 6689

§ 7216

§ 7502

§ 7508

§ 7520

§ 7624

§ 7701

§ 7804

Statutes at Large

100 Stat. 2746

102 Stat. 3324

88 Stat. 2351

95 Stat. 357

Title 26 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 26 CFR 301 after this date.

  • 2013-03-25; vol. 78 # 57 - Monday, March 25, 2013
    1. 78 FR 17901 - Awards for Information Relating to Detecting Underpayments of Tax or Violations of the Internal Revenue Laws
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      DEPARTMENT OF THE TREASURY, Internal Revenue Service
      Extension of time to receive outlines of topics to be discussed at public hearing.
      The public hearing is being held on Wednesday, April 10, 2013, at 10:00 a.m. The IRS must now receive outlines of the topics to be discussed at the public hearing by Friday, March 29, 2013.
      26 CFR Part 301