26Title 26The US tax code, read & explained

26 U.S.C. § 6676

§ 6676. Erroneous claim for refund or credit

195 words · amended 4 times

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No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Changed by the 2025 tax law

Added in 2007 by the Public Law 110-28. Last changed July 4, 2025 by the One Big Beautiful Bill Act (2025).

Every change, newest first (5)
  1. July 4, 2025One Big Beautiful Bill Act (2025)
  2. March 23, 2018Consolidated Appropriations Act, 2018
  3. December 18, 2015Consolidated Appropriations Act, 2016 (PATH Act)
  4. March 30, 2010Public Law 111-152
  5. May 25, 2007Public Law 110-28 · added this section

The law as written

Current through Public Law 119-102. Amendment notes omitted.

(a) Civil penalty

If a claim for refund or credit with respect to income or employment tax is made for an excessive amount, unless it is shown that the claim for such excessive amount is due to reasonable cause, the person making such claim shall be liable for a penalty in an amount equal to 20 percent of the excessive amount.

(b) Excessive amount

For purposes of this section, the term “excessive amount” means in the case of any person the amount by which the amount of the claim for refund or credit for any taxable year exceeds the amount of such claim allowable under this title for such taxable year.

(c) Noneconomic substance transactions treated as lacking reasonable cause

For purposes of this section, any excessive amount which is attributable to any transaction described in section 6662(b)(6) shall not be treated as due to reasonable cause.

(d) Coordination with other penalties

This section shall not apply to any portion of the excessive amount of a claim for refund or credit which is subject to a penalty imposed under part II of subchapter A of chapter 68.