Title 26 — Internal Revenue Code
Chapter 71 — Transferees and Fiduciaries
§ 6901. Transferred assets
Statutory text
Method of collection
The amounts of the following liabilities shall, except as hereinafter in this section provided, be assessed, paid, and collected in the same manner and subject to the same provisions and limitations as in the case of the taxes with respect to which the liabilities were incurred:
Income, estate, and gift taxes
Transferees
The liability, at law or in equity, of a transferee of property—
of a taxpayer in the case of a tax imposed by subtitle A (relating to income taxes),
of a decedent in the case of a tax imposed by chapter 11 (relating to estate taxes), or
of a donor in the case of a tax imposed by chapter 12 (relating to gift taxes),
in respect of the tax imposed by subtitle A or B.
Fiduciaries
The liability of a fiduciary under section 3713(b) of title 31, United States Code, in respect of the payment of any tax described in subparagraph (A) from the estate of the taxpayer, the decedent, or the donor, as the case may be.
Other taxes
The liability, at law or in equity of a transferee of property of any person liable in respect of any tax imposed by this title (other than a tax imposed by subtitle A or B), but only if such liability arises on the liquidation of a partnership or corporation, or on a reorganization within the meaning of section 368(a).
Liability
Any liability referred to in subsection (a) may be either as to the amount of tax shown on a return or as to any deficiency or underpayment of any tax.
Period of limitations
The period of limitations for assessment of any such liability of a transferee or a fiduciary shall be as follows:
Initial transferee
In the case of the liability of an initial transferee, within 1 year after the expiration of the period of limitation for assessment against the transferor;
Transferee of transferee
In the case of the liability of a transferee of a transferee, within 1 year after the expiration of the period of limitation for assessment against the preceding transferee, but not more than 3 years after the expiration of the period of limitation for assessment against the initial transferor;
except that if, before the expiration of the period of limitation for the assessment of the liability of the transferee, a court proceeding for the collection of the tax or liability in respect thereof has been begun against the initial transferor or the last preceding transferee, respectively, then the period of limitation for assessment of the liability of the transferee shall expire 1 year after the return of execution in the court proceeding.
Fiduciary
In the case of the liability of a fiduciary, not later than 1 year after the liability arises or not later than the expiration of the period for collection of the tax in respect of which such liability arises, whichever is the later.
Extension by agreement
Extension of time for assessment
If before the expiration of the time prescribed in subsection (c) for the assessment of the liability, the Secretary and the transferee or fiduciary have both consented in writing to its assessment after such time, the liability may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. For the purpose of determining the period of limitation on credit or refund to the transferee or fiduciary of overpayments of tax made by such transferee or fiduciary or overpayments of tax made by the transferor of which the transferee or fiduciary is legally entitled to credit or refund, such agreement and any extension thereof shall be deemed an agreement and extension thereof referred to in section 6511(c).
Extension of time for credit or refund
If the agreement is executed after the expiration of the period of limitation for assessment against the taxpayer with reference to whom the liability of such transferee or fiduciary arises, then in applying the limitations under section 6511(c) on the amount of the credit or refund, the periods specified in section 6511(b)(2) shall be increased by the period from the date of such expiration to the date of the agreement.
Period for assessment against transferor
For purposes of this section, if any person is deceased, or is a corporation which has terminated its existence, the period of limitation for assessment against such person shall be the period that would be in effect had death or termination of existence not occurred.
Suspension of running of period of limitations
The running of the period of limitations upon the assessment of the liability of a transferee or fiduciary shall, after the mailing to the transferee or fiduciary of the notice provided for in section 6212 (relating to income, estate, and gift taxes), be suspended for the period during which the Secretary is prohibited from making the assessment in respect of the liability of the transferee or fiduciary (and in any event, if a proceeding in respect of the liability is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter.
Address for notice of liability
In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, any notice of liability enforceable under this section required to be mailed to such person, shall, if mailed to the person subject to the liability at his last known address, be sufficient for purposes of this title, even if such person is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence.
Definition of transferee
As used in this section, the term “transferee” includes donee, heir, legatee, devisee, and distributee, and with respect to estate taxes, also includes any person who, under section 6324(a)(2), is personally liable for any part of such tax.
Extension of time
For extensions of time by reason of armed service in a combat zone, see section 7508.
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.
Aug. 16, 1954, ch. 736, 68A Stat. 841 · 68A Stat. 841
Enacted · 26 U.S.C. § 6901
Aug. 16, 1954, ch. 736, 68A Stat. 841
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 841Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 6901
Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing
Source evidence
Code amendment note
Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Pub. L. 97–258 § 3(f)(10) · 96 Stat. 1065
Substituted · 26 U.S.C. § 6901(a)(1)(B)
Pub. L. 97–258 substituted “section 3713(b) of title 31, United States Code” for “section 3467 of the Revised Statutes (31 U.S.C. 192)”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 97–258 substituted “section 3713(b) of title 31, United States Code” for “section 3467 of the Revised Statutes (31 U.S.C. 192)”.Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 div. U title IV § 401(a)(322) · 132 Stat. 348
Substituted · 26 U.S.C. § 6901(a)(1)(B)
Pub. L. 115–141 substituted “Code, in” for “Code in”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 115–141 substituted “Code, in” for “Code in”.Enacted provision · exact public law section
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.
2 of 4 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1976–2018 · 3 rounds
2018
Subsec. (a)(1)(B). Pub. L. 115–141 substituted “Code, in” for “Code in”.
1982
Subsec. (a)(1)(B). Pub. L. 97–258 substituted “section 3713(b) of title 31, United States Code” for “section 3467 of the Revised Statutes (31 U.S.C. 192)”.
1976
Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.
Credits
1954–2018 · 4 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 841
- 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
- 1982Pub. L. 97–258, § 3(f)(10), , 96 Stat. 1065
- 2018Pub. L. 115–141, div. U, title IV, § 401(a)(322), , 132 Stat. 1199.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 841; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 97–258, § 3(f)(10), , 96 Stat. 1065; Pub. L. 115–141, div. U, title IV, § 401(a)(322), , 132 Stat. 1199.)