2018 US Code
Title 26 - Internal Revenue Code
Subtitle D - Miscellaneous Excise Taxes
Chapter 42 - Private Foundations; and Certain Other Tax-Exempt Organizations
Subchapter E - Abatement of First and Second Tier Taxes in Certain Cases
Sec. 4963 - Definitions
| 26 U.S.C. § 4963 (2018) |
| §4963. Definitions |
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(a) First tier tax
For purposes of this subchapter, the term "first tier tax" means any tax imposed by subsection (a) of section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975. (b) Second tier taxFor purposes of this subchapter, the term "second tier tax" means any tax imposed by subsection (b) of section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4971, or 4975. (c) Taxable eventFor purposes of this subchapter, the term "taxable event" means any act (or failure to act) giving rise to liability for tax under section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975. (d) CorrectFor purposes of this subchapter— (1) In generalExcept as provided in paragraph (2), the term "correct" has the same meaning as when used in the section which imposes the second tier tax. The term "correct" means— (A) in the case of the second tier tax imposed by section 4942(b), reducing the amount of the undistributed income to zero, (B) in the case of the second tier tax imposed by section 4943(b), reducing the amount of the excess business holdings to zero, and (C) in the case of the second tier tax imposed by section 4944, removing the investment from jeopardy. For purposes of this subchapter— (1) In generalThe term "correction period" means, with respect to any taxable event, the period beginning on the date on which such event occurs and ending 90 days after the date of mailing under section 6212 of a notice of deficiency with respect to the second tier tax imposed on such taxable event, extended by— (A) any period in which a deficiency cannot be assessed under section 6213(a) (determined without regard to the last sentence of section 4961(b)), and (B) any other period which the Secretary determines is reasonable and necessary to bring about correction of the taxable event. For purposes of paragraph (1), the taxable event shall be treated as occurring— (A) in the case of section 4942, on the first day of the taxable year for which there was a failure to distribute income, (B) in the case of section 4943, on the first day on which there are excess business holdings, (C) in the case of section 4971, on the last day of the plan year in which there is an accumulated funding deficiency, and (D) in any other case, the date on which such event occurred. |
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(Added Pub. L. 96–596, §2(c)(1), Dec. 24, 1980, 94 Stat. 3473, §4962; renumbered §4963, Pub. L. 98–369, div. A, title III, §305(a), July 18, 1984, 98 Stat. 783; amended Pub. L. 100–203, title X, §10712(b)(3), Dec. 22, 1987, 101 Stat. 1330–467; Pub. L. 104–168, title XIII, §1311(c)(2), July 30, 1996, 110 Stat. 1478; Pub. L. 109–280, title XII, §1231(b)(1), Aug. 17, 2006, 120 Stat. 1098.) |
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AMENDMENTS
2006—Subsecs. (a), (c). Pub. L. 109–280, which directed the insertion of "4966, 4967," after "4958," in subsecs. (a) and (c) of section 4963, without specifying the act to be amended, was executed by making the insertion in subsecs. (a) and (c) of this section, which is section 4963 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. 1996—Subsecs. (a) to (c). Pub. L. 104–168 inserted "4958," after "4955,". 1987—Subsecs. (a) to (c). Pub. L. 100–203 inserted reference to section 4955 of this title. EFFECTIVE DATE OF 2006 AMENDMENTPub. L. 109–280, title XII, §1231(c), Aug. 17, 2006, 120 Stat. 1098, provided that: "The amendments made by this section [enacting subchapter G of this chapter and amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Aug. 17, 2006]." EFFECTIVE DATE OF 1996 AMENDMENTAmendment by Pub. L. 104–168 applicable to excess benefit transactions occurring on or after Sept. 14, 1995, and not applicable to any benefit arising from a transaction pursuant to any written contract which was binding on Sept. 13, 1995, and at all times thereafter before such transaction occurred, see section 1311(d)(1), (2) of Pub. L. 104–168, set out as a note under section 4955 of this title. EFFECTIVE DATE OF 1987 AMENDMENTAmendment by Pub. L. 100–203 applicable to taxable years beginning after Dec. 22, 1987, see section 10712(d) of Pub. L. 100–203, set out as an Effective Date note under section 4955 of this title. EFFECTIVE DATEFor effective date of section with respect to any first tier tax and to any second tier tax, see section 2(d) of Pub. L. 96–596, set out as a note under section 4961 of this title. |
| United States Code, 2018 Edition, Title 26 - INTERNAL REVENUE CODE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 26 - INTERNAL REVENUE CODE Subtitle D - Miscellaneous Excise Taxes CHAPTER 42 - PRIVATE FOUNDATIONS; AND CERTAIN OTHER TAX-EXEMPT ORGANIZATIONS Subchapter E - Abatement of First and Second Tier Taxes in Certain Cases Sec. 4963 - Definitions |
| section 4963 |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 94 Stat. 3473 98 Stat. 783 101 Stat. 1330-467 110 Stat. 1478 120 Stat. 1098 |
| Public Law 96-596, Public Law 98-369, Public Law 100-203, Public Law 104-168, Public Law 109-280 |
