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Title 26 — Internal Revenue Code

Part I · Chapter 75 — Crimes, Other Offenses, and Forfeitures

§ 7203. Willful failure to file return, supply information, or pay tax

Statutory text

Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution. In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure. In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting “felony” for “misdemeanor” and “5 years” for “1 year”.

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. Aug. 16, 1954, ch. 736, 68A Stat. 851 · 68A Stat. 851

    Enacted · 26 U.S.C. § 7203

    Aug. 16, 1954, ch. 736, 68A Stat. 851

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 851

  2. Revenue and Expenditure Control Act of 1968

    Pub. L. 90–364 title I § 103(e)(5) · 82 Stat. 251

    Struck · 26 U.S.C. § 7203

    Pub. L. 90–364 struck out reference to section 6016

    Source evidence

    Code amendment note
    Pub. L. 90–364 struck out reference to section 6016.

    Enacted provision · exact public law section
    (5) Section 7203 is amended by striking out “section 6015 or section 6016),” and inserting in lieu thereof “section 6015),”.

  3. Pub. L. 97–248 § 329(b) · 96 Stat. 324

    Substituted · 26 U.S.C. § 7203

    Pub. L. 97–248, § 329(b), substituted “$25,000 ($100,000 in the case of a corporation)” for “$10,000”

    Source evidence

    Code amendment note
    Pub. L. 97–248, § 329(b), substituted “$25,000 ($100,000 in the case of a corporation)” for “$10,000”.

    Enacted provision · exact public law section
    (b) Willful Failure to File Return, Supply Information, or Pay Tax.— Section 7203 (relating to willful failure to file return, 26 USC 7203. supply information, or pay tax) is amended by striking out “$10,000” and inserting in lieu thereof “$25,000 ($100,000 in the case of a corporation)”.

  4. Pub. L. 97–248 § 327 · 96 Stat. 324

    Inserted · 26 U.S.C. § 7203

    Pub. L. 97–248, § 327, inserted last sentence providing that, in the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–248, § 327, inserted last sentence providing that, in the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure.

    Enacted provision · exact public law section
    SEC. 327. RELIEF FROM CRIMINAL PENALTY FOR FAILURE TO FILE ESTIMATED TAX WHERE TAXPAYER FALLS WITHIN STATUTORY EXCEPTIONS. Section 7203 (relating to willful failure to file return, supply 26 USC 7203. information, or pay tax) is amended by adding at the end thereof the following new sentence: “In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure.”

  5. Tax Reform Act of 1984

    Pub. L. 98–369 div. A title IV § 412(b)(9) · 98 Stat. 494

    Struck · 26 U.S.C. § 7203

    Pub. L. 98–369 struck out “(other than a return required under the authority of section 6015)” after “to make a return”

    Source evidence

    Code amendment note
    Pub. L. 98–369 struck out “(other than a return required under the authority of section 6015)” after “to make a return”.

    Enacted provision · exact public law section
    (9) Section 7203 is amended by striking out “(other than a return required under the authority of section 6015)”.

  6. National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

    Pub. L. 100–690 title VII § 7601(a)(2)(B) · 102 Stat. 4181

    Substituted · 26 U.S.C. § 7203

    Pub. L. 100–690 inserted at end “In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting ‘5 years’ for ‘1 year’.”

    Source evidence

    Code amendment note
    Pub. L. 100–690 inserted at end “In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting ‘5 years’ for ‘1 year’.”

    Enacted provision · exact public law section
    (B) Section 7203 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following sentence: “In the case of a willful violation of any provision of section 60501, the first sentence of this section shall be applied by substituting ‘5 years’ for ‘1 year’.”

  7. Crime Control Act of 1990

    Pub. L. 101–647 title XXXIII § 3303(a) · 104 Stat. 4789

    Substituted · 26 U.S.C. § 7203

    Pub. L. 101–647 substituted “substituting ‘felony’ for ‘misdemeanor’ and” for “substituting”

    Source evidence

    Code amendment note
    Pub. L. 101–647 substituted “substituting ‘felony’ for ‘misdemeanor’ and” for “substituting”.

    Enacted provision · exact public law section
    (a) In General.— The last sentence of section 7203 of the Internal 26 USC 7203. Revenue Code of 1986 (relating to willful failure to file return, etc.) is amended by striking “by substituting” and inserting “by substituting ‘felony’ for ‘misdemeanor’ and”.

    Effective date note
    Pub. L. 101–647, title XXXIII, § 3303(c), Nov. 29, 1990, 104 Stat. 4918, provided that: “The amendment made by subsection (a) [amending this section] shall apply to actions, and failures to act, occurring after the date of the enactment of this Act [Nov. 29, 1990].”

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1968–1990 · 5 rounds

1990

Pub. L. 101–647 substituted “substituting ‘felony’ for ‘misdemeanor’ and” for “substituting”.

1988

Pub. L. 100–690 inserted at end “In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting ‘5 years’ for ‘1 year’.”

1984

Pub. L. 98–369 struck out “(other than a return required under the authority of section 6015)” after “to make a return”.

1982

Pub. L. 97–248, § 329(b), substituted “$25,000 ($100,000 in the case of a corporation)” for “$10,000”.

Pub. L. 97–248, § 327, inserted last sentence providing that, in the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure.

1968

Pub. L. 90–364 struck out reference to section 6016.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–647, title XXXIII, § 3303(c), , 104 Stat. 4918, provided that: “The amendment made by subsection (a) [amending this section] shall apply to actions, and failures to act, occurring after the date of the enactment of this Act [].”

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 applicable to actions after , see section 7601(a)(3) of Pub. L. 100–690, set out as a note under section 6050I of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 applicable with respect to taxable years beginning after , see section 414(a)(1) of Pub. L. 98–369, set out as a note under section 6654 of this title.

Effective Date of 1982 Amendment

Amendment by section 329(b) of Pub. L. 97–248 applicable to offenses committed after , see section 329(e) of Pub. L. 97–248, set out as a note under section 7201 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–364 applicable with respect to taxable years beginning after , except as provided by section 104 of Pub. L. 90–364, see section 103(f) of Pub. L. 90–364, set out as a note under section 243 of this title.

Credits

1954–1990 · 6 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 851
  2. 1968Pub. L. 90–364, title I, § 103(e)(5), , 82 Stat. 264
  3. 1982Pub. L. 97–248, title III, §§ 327, 329(b), , 96 Stat. 617, 618
  4. 1984Pub. L. 98–369, div. A, title IV, § 412(b)(9), , 98 Stat. 792
  5. 1988Pub. L. 100–690, title VII, § 7601(a)(2)(B), , 102 Stat. 4504
  6. 1990Pub. L. 101–647, title XXXIII, § 3303(a), , 104 Stat. 4918.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 851; Pub. L. 90–364, title I, § 103(e)(5), , 82 Stat. 264; Pub. L. 97–248, title III, §§ 327, 329(b), , 96 Stat. 617, 618; Pub. L. 98–369, div. A, title IV, § 412(b)(9), , 98 Stat. 792; Pub. L. 100–690, title VII, § 7601(a)(2)(B), , 102 Stat. 4504; Pub. L. 101–647, title XXXIII, § 3303(a), , 104 Stat. 4918.)

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