Title 26 — Internal Revenue Code
Part I · Chapter 68 — Additions to the Tax, Additional Amounts, and Assessable Penalties
§ 6658. Coordination with title 11
Statutory text
Certain failures to pay tax
No addition to the tax shall be made under section 6651, 6654, or 6655 for failure to make timely payment of tax with respect to a period during which a case is pending under title 11 of the United States Code—
if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses, or
if—
such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee, and
the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or
the date for making the addition to the tax occurs on or after the day on which the petition was filed.
Exception for collected taxes
Subsection (a) shall not apply to any liability for an addition to the tax which arises from the failure to pay or deposit a tax withheld or collected from others and required to be paid to the United States.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–589 § 6(e)(1) · 94 Stat. 3389
Enacted · 26 U.S.C. § 6658
(Added Pub. L. 96–589, § 6(e)(1), Dec. 24, 1980, 94 Stat. 3408.)
Source evidence
Code source credit
(Added Pub. L. 96–589, § 6(e)(1), Dec. 24, 1980, 94 Stat. 3408.)Enacted provision · exact public law section
(1) In general.— Subchapter A of chapter 68 (relating to additions to the tax and additional amounts) is amended by inserting after section 6657 the following new section: “SEC. 6658. COORDINATION WITH TITLE 11. “(a) Certain Failures To Pay Tax.— No addition to the tax shall be made under section 6651, 6654, or 6655 for failure to make timely payment of tax with respect to a period during which a case is 11 USC 101 et seq. pending under title 11 of the United States Code— “(1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses, or “(2) if— “(A) such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee, and “(B) (i) the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or “(ii) the date for making the addition to the tax occurs on or after the day on which the petition was filed. “(b) Exception for Collected Taxes.— Subsection (a) shall not apply to any liability for an addition to the tax which arises from the failure to pay or deposit a tax withheld or collected from others and required to be paid to the United States.”
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 6658, act Aug. 16, 1954, ch. 736, 68A Stat. 826, authorized inclusion as part of the tax a 25 percent penalty in cases of violations or attempted violations of section 6851 of this title, prior to repeal by Pub. L. 96–167, § 6(a), , 93 Stat. 1276.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , but not applicable to proceedings under Title 11, Bankruptcy, commenced before , see section 7(e) of Pub. L. 96–589, set out as an Effective Date of 1980 Amendment note under section 108 of this title.
Credits
(Added Pub. L. 96–589, § 6(e)(1), , 94 Stat. 3408.)