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Title 26 — Internal Revenue Code

Part I · Chapter 68 — Additions to the Tax, Additional Amounts, and Assessable Penalties

§ 6712. Failure to disclose treaty-based return positions

Statutory text

(a)

General rule

If a taxpayer fails to meet the requirements of section 6114, there is hereby imposed a penalty equal to $1,000 ($10,000 in the case of a C corporation) on each such failure.

(b)

Authority to waive

The Secretary may waive all or any part of the penalty provided by this section on a showing by the taxpayer that there was reasonable cause for the failure and that the taxpayer acted in good faith.

(c)

Penalty in addition to other penalties

The penalty imposed by this section shall be in addition to any other penalty imposed by law.

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.

  1. Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 title I § 1012(aa)(5)(B) · 102 Stat. 3342

    Enacted · 26 U.S.C. § 6712

    (Added Pub. L. 100–647, title I, § 1012(aa)(5)(B), Nov. 10, 1988, 102 Stat. 3532.)

    Source evidence

    Code source credit
    (Added Pub. L. 100–647, title I, § 1012(aa)(5)(B), Nov. 10, 1988, 102 Stat. 3532.)

    Enacted provision · exact public law section
    (B) Part I of subchapter B of chapter 68 of the 1986 Code is amended by adding at the end thereof the following new section: “SEC. 6712. FAILURE TO DISCLOSE TREATY-BASED RETURN POSITIONS. “(a) General Rule.— If a taxpayer fails to meet the requirements of section 6114, there is hereby imposed a penalty equal to $1,000 ($10,000 in the case of a C corporation) on each such failure. “(b) Authority to Waive.— The Secretary may waive all or any part of the penalty provided by this section on a showing by the taxpayer that there was reasonable cause for the failure and that the taxpayer acted in good faith. “(c) Penalty in Addition to Other Penalties.— The penalty imposed by this section shall be in addition to any other penalty imposed by law.”

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Another section 6712 was renumbered section 6713 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to taxable periods the due date for filing returns for which (without extension) occurs after , see section 1012(aa)(5)(D) of Pub. L. 100–647, set out as a note under section 6114 of this title.

Credits

(Added Pub. L. 100–647, title I, § 1012(aa)(5)(B), , 102 Stat. 3532.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s6712