- 20.2.11 Miscellaneous Interest Provisions
- 126.96.36.199 Overview
- 188.8.131.52 Personal Holding Company Tax Overview
- 184.108.40.206.1 Determination of PHC Tax
- 220.127.116.11.2 Criteria to Claim a Deficiency Dividend Deduction
- 18.104.22.168.3 Period for Making Assessment
- 22.214.171.124.4 Decreases in PHC Tax
- 126.96.36.199.5 Underpayment (Debit) Interest on PHC Tax Adjustments
- 188.8.131.52.6 Tax Court and Underpayment (Debit) Interest on PHC Tax Adjustments
- 184.108.40.206 Cooperatives and Patrons
- 220.127.116.11.1 Special Rules for Overpayment (Credit) Interest
- 18.104.22.168 Renegotiation of Government Contracts
- 22.214.171.124 Claim of Right - Adjustments to Income
- 126.96.36.199 Insolvent Taxpayers, Seized Property, and Collection Costs
- 188.8.131.52.1 Insolvent Taxpayers, also known as Bankruptcy Code Cases
- 184.108.40.206.1.1 Interest to Date Petition Filed
- 220.127.116.11.1.2 Post-Petition Interest for Secured Tax Liabilities
- 18.104.22.168.1.3 Post-Petition Interest for Unsecured Pre-petition Taxes of Individuals
- 22.214.171.124.1.4 Post-Petition Interest for Unsecured Pre-petition Taxes Non-Individual
- 126.96.36.199.1.5 Post-Petition Interest for Post-Petition Taxes
- 188.8.131.52.1.6 Post-Petition Interest if a Case is Dismissed
- 184.108.40.206.1.7 Post-Petition Interest owed by Non-debtors
- 220.127.116.11.2 Seized Properties - Levies
- 18.104.22.168.3 Collection Costs
- 22.214.171.124 Stamp Taxes
- 126.96.36.199.1 Underpayment (Debit) Interest on Failure to Pay Stamp Tax
- 188.8.131.52.2 Time for Filing Claims
- 184.108.40.206.3 Overpayment (Credit) Interest on Overpayments of Stamp Taxes
- 220.127.116.11 Transferee Interest and Assessments
- 18.104.22.168.1 Transferees Liability Not Limited to the Value of the Assets Transferred
- 22.214.171.124.2 Transferees Liability Limited to the Value of the Assets Transferred
- 126.96.36.199.3 Interest on Estate/Gift Tax Transferee Liability
- 188.8.131.52.4 Making Transferee Assessments
- 184.108.40.206 Jeopardy and Termination Assessments
- 220.127.116.11 Form 8752, Required Payment or Refund Under IRC 7519
- 18.104.22.168.1 IRC 7519 Required Payment Period for Assessment
- 22.214.171.124.2 Interest on Underpaid Required Payments
- 126.96.36.199.3 Form 8752 Interest on Refunds
- 188.8.131.52 Offers in Compromise (OIC)
- 184.108.40.206 Look-Back Interest
- 220.127.116.11.1 Reporting Look-Back Interest
- 18.104.22.168.2 Look-Back Interest Owed by the Taxpayer
- 22.214.171.124.3 Look-Back Interest Owed to the Taxpayer
- 126.96.36.199 Restitution-Based Assessments (RBA)
- 188.8.131.52 Affordable Care Act (ACA)
- 184.108.40.206.1 Grants Received Under the Affordable Care Act
- 220.127.116.11 Assessments Against Treasury Department Embezzlers (NMF)
- 18.104.22.168 Rev. Proc. 2002-18, Time-Value-of-Money Resolution with Subsequent Change in Accounting Method
- 22.214.171.124 IRC 409A, Inclusion in Gross Income of Deferred Compensation under Nonqualified Deferred Compensation Plans.
- 126.96.36.199 IRC 6167, Extension of Time for Payment of Tax Attributable to Recovery of Foreign Expropriation Losses
- 188.8.131.52 Foreign Investment in Real Property Tax Act (FIRPTA)
- 184.108.40.206 Employee Benefit Plans
Part 20. Penalty and Interest
Chapter 2. Interest
Section 11. Miscellaneous Interest Provisions
January 09, 2017
(1) This transmits a revision of IRM 20.2.11, Interest, Miscellaneous Interest Provisions.
(1) This transmittal reissues existing information and reflects editorial changes made throughout this section. Forms, letter, and IRM references were reviewed and updated as necessary.
(2) Updates overview list in IRM 220.127.116.11.
(3) Clarifies IRM 18.104.22.168.4 when to input TC 770.
(4) Adds in IRM 22.214.171.124.5 to use a non-restricting TC 340.
(5) Changes the title of IRM 126.96.36.199 to Cooperatives and Patrons, and moves the explanation from IRM 188.8.131.52.1. Previous IRM 184.108.40.206.2 has been renumbered to IRM 220.127.116.11.1.
(6) Removes content in IRM 18.104.22.168 because IRC 1481 was repealed in 1990.
(7) Removes IRM 22.214.171.124.3 because IRC 1342 was repealed in 1976.
(8) Clarifies the example in IRM 126.96.36.199.2.
(9) Adds in IRM 188.8.131.52 the paragraph on Treasury Department responsibility. This was previously in IRM 184.108.40.206.1.
(10) Changes the title of IRM 220.127.116.11.1 to Underpayment (Debit) Interest on Failure to Pay Stamp Tax and revises content. Previous content was moved to IRM 18.104.22.168.
(11) Revises content in IRM 22.214.171.124.2 by removing prior content on redemption of stamp taxes and by incorporating the subsequent subsection. Renames IRM 126.96.36.199.2 to Time for Filing Claims and clarifies.
(12) IRM 188.8.131.52.3 is now Overpayment (Credit) Interest on Overpayments of Stamp Taxes. This was previously in IRM 184.108.40.206.4.
(13) Clarifies content in IRM 220.127.116.11.
(14) Adds in IRM 18.104.22.168.1 penalty amount of 10%.
(15) Clarifies content in IRM 22.214.171.124.2. Adds to the note that interest must be manually computed and updates the example.
(16) Changes title of IRM 126.96.36.199.3 to Form 8752 Interest on Refunds. Revises and updates example.
(17) Adds a paragraph in IRM 188.8.131.52.3 regarding applying excess payments to other modules.
(18) Clarifies manual interest computations in IRM 184.108.40.206.
(19) Adds procedures in IRM 220.127.116.11 for netting of add-on interest on look-back interest.
(20) Adds a paragraph in IRM 18.104.22.168.2 regarding using TC 298 for timely filed returns with look-back interest.
(21) Clarifies in IRM 22.214.171.124.3 add-on interest paid to the taxpayer. Adds examples regarding the GATT rate.
(22) Updates IRM cites in IRM 126.96.36.199.
(23) Adds additional information in IRM 188.8.131.52.1 to clarify procedures for restitution-based assessments.
(24) Adds additional paragraphs in IRM 184.108.40.206.2 regarding the application of payments.
(25) Clarifies in IRM 220.127.116.11 the employers shared responsibility payments.
(26) New subsection IRM 18.104.22.168.1, Grants Received Under the Affordable Care Act, adds material moved from IRM 20.2.12, Employment Taxes.
(27) Changes the title of IRM 22.214.171.124 to Rev. Proc. 2002-18, Time-Value-of-Money Resolution with Subsequent Change in Accounting Method, and clarifies the procedure.
(28) Adds a new subsection IRM 126.96.36.199, Foreign Investment in Real Property Tax Act (FIRPTA).
(29) Adds a new subsection IRM 188.8.131.52, Employee Benefit Plans, which discusses interest on MFT 76 and MFT 74 (IRM 184.108.40.206.1, Form 5330, MFT 76, and IRM 220.127.116.11.2, Form 5500, MFT 74).
Director, Servicewide Operations
This section contains information on the following miscellaneous interest provisions:
Personal Holding Company Tax
Cooperatives and Patrons
Claim of Right - Adjustments to Income
Insolvent Taxpayers (Bankruptcy Cases)
Jeopardy and Termination Assessments
IRC 7519 Payment Requirements
Offers In Compromise
Affordable Care Act
Assessments Against Treasury Department Embezzlers
Rev. Proc. 2002-18, Change in Accounting Methods
IRC 409A, Compensation under Nonqualified Deferred Compensation Plans
Extension of Time for Payment of Tax Attributable to Recovery of Foreign Expropriation Losses
Foreign Investment in Real Property Tax Act (FIRPTA)
Employee Benefit Plans
The windfall profit tax (WPT) on domestic crude oil was repealed for oil removed (or treated as removed) from the producing premises on or after August 23, 1988. See Announcement 88-112. WPT was an excise tax on the production of domestic crude oil for periods after February 29, 1980. Refer to the archived version of IRM 20.2.11, dated July 31, 2001, if instructions for computing interest on WPT are needed.
If a liability for personal holding company (PHC) tax is established for any taxable year under IRC 541, taxpayers are allowed a deduction for the amount of deficiency dividends in order to determine PHC tax. Refer to IRC 547(a) for the general rule for deductions for deficiency dividends.
Determination of liability for PHC tax may be established by IRC 547(c):
A decision by the Tax Court or a judgment, decree, or other order by any court of competent jurisdiction which has become final;
A closing agreement under IRC 7121 (Form 866, Agreement as to Final Determination of Tax Liability); or
An agreement entered into by the Secretary with the taxpayer, relating to the PHC tax (Form 2198, Determination of Liability for Personal Holding Company Tax).
Form 976, Claim for Deficiency Dividends Deductions by a Personal Holding Company, Regulated Investment Company (RIC), or Real Estate Investment Trust (REIT), is used to claim the deficiency dividend deduction.
To qualify for the deduction the taxpayer must have:
Filed a return on time,
Committed no fraud,
Distributed the dividend within 90 days after the determination, and
Filed the claim (Form 976) after such distribution and within 120 days after the determination date.
When filed, Form 976 suspends the running of the statute on assessment and collection for a period of two years after the date of the determination.
Interest is not allowed if:
The deficiency dividend deduction results in an overpayment, and
The original tax is assessed and paid prior to the determination of an overpayment.
If either of the above conditions are met, prevent the systemic calculation of allowable interest by inputting a TC 770 for zero. See IRC 547(b)(2) and section 7 of Rev. Proc. 60-17.
The taxpayer is liable for the interest due on the PHC tax that was eliminated by the dividend deduction. Interest is charged from the due date of the Form 1120, U.S. Corporation Income Tax Return, until the received date of the Form 976. The interest must be manually computed and input with a TC 340. Use a non-restricting TC 340 if conditions permit. See IRM 18.104.22.168.3, Non-Restricting Transaction Code (TC) 340.
The taxpayer may also be liable for interest on any underpayment that exceeds the dividend deduction, including the following:
Tax underpayment in excess of the deduction;
Penalties assessed; or
Interest on tax, penalties, and/or interest.
When the established deficiency exceeds the amount attributable to the dividend deduction, the difference is assessed. Interest is computed on the excessive tax amount from the due date of the Form 1120 until the earlier of the full payment date, a waiver received/executed date plus 30 days [IRC 6601(c)], or the notice and demand date (usually the 23C date), whichever is applicable. Interest on the tax amount eliminated by the dividend deduction is computed under the rules of IRM 22.214.171.124.5 (1) above. Input Transaction Code (TC) 971 with Action Code (AC) 697 with the amount of the dividend deduction to identify the TC 340 as a RIC/REIT interest adjustment.
The following procedures apply to a claim filed on or before the 55th day after a final Tax Court decision or judgement establishes the liability:
If the PHC deficiency is identical to the tax on the approved deficiency dividend deduction, assess and collect underpayment interest only, computed on the full deficiency from the due date of the tax to the date the claim was filed.
If the PHC deficiency exceeds the tax on the approved deficiency dividend deduction, assess and collect the excess of the PHC tax, along with interest computed from the due date of the tax to the date of assessment or the date of the overpayment if satisfied by a credit.
If the claim is not filed before the 55th day after the court decision became final, assess the full amount of the deficiency along with underpayment interest from the due date of the tax to the date of assessment.
If a claim is filed between the 55th and 60th day after the decision became final, abate that part of the assessment that equals the tax on the approved PHC deficiency dividend deduction.
Collect any excess tax along with the proportionate interest previously assessed.
Compute and collect interest only on that part of the tax equal to the amount attributed to the approved deficiency dividend deduction, from the due date of the tax to the date the claim was filed.
Farmers' cooperative organizations exempt from tax under IRC 521 or corporations operating on a cooperative basis are subject to IRC 1381 through IRC 1388 (subchapter T), except those which:
Are exempt from tax under Chapter 1, and
Are subject to provisions relating to mutual savings banks or insurance companies, or
Furnish electric energy or telephone service to rural areas.
If the tax decrease determined under IRC 1383 for the prior taxable year is more than the tax for the current taxable year, the excess:
Is considered a payment of tax on the prescribed date for making payment (generally, the unextended return due date) for the current taxable year, and
Will be refunded or credited as if it were an overpayment for the current taxable year.
Overpayment interest is allowed on the overpayment from the prescribed date for making payment (generally, the unextended return due date) for the current taxable year, rather than from the actual date of overpayment in the prior year.
The amount of overpayment is shown on line 9, Column (b) of Form 2285, Concurrent Determinations of Deficiencies and Overassessments.
IRC 1481 was repealed on November 5, 1990 by the Omnibus Budget Reconciliation Act of 1990 (OBRA-90).
IRC 1341 provides a special tax computation designed to prevent the inequity which arises if income held under a "claim of right" is restored in a later year and the benefit from the deduction in the year of restoration differs from the increase in taxes attributable to the original inclusion of the restored item.
A taxpayer qualifies for favorable treatment under IRC 1341 if:
An item was included in the taxpayer's gross income for a prior taxable year (or years), because it appeared that the taxpayer had an unrestricted right to the item;
A deduction is allowable for the taxable year, because it was established after the close of the prior taxable year (or years) that the taxpayer did not have an unrestricted right to such item or to a portion of such item; and
The amount of the deduction is more than $3,000.
If the amount repaid was $3,000 or less, Claim of Right under IRC 1341 does not apply, and the amount repaid is deducted in the year of repayment. See IRM 126.96.36.199.11.2, Claim of Right - IRC Section 1341, Repayment of $3,000 or Less, for further information.
If the amount repaid was more than $3,000, it is either deducted (Method 1) or taken as a credit (Method 2), whichever results in less tax.
Method 1 - Figure the tax with a deduction for the amount repaid.
Method 2 - Follow these steps:
Figure the tax without deducting the amount repaid.
Refigure the tax for the earlier year of inclusion without including the amount repaid.
Subtract the refigured tax under step 2 from the actual tax for the earlier year. The difference is the credit.
Subtract the credit under step 3 from the tax under step 1.
If the tax under Method 1 is less, the repayment is deducted, in general, on the same form or schedule on which it was previously included. For example, if taken as an itemized deduction, use line 28 of Form 1040, U.S. Individual Income Tax Return, Schedule A, Itemized Deductions.
If the tax under Method 2 is less, the repayment is claimed as a credit on Form 1040 line 72 with the annotation "IRC section 1341" in the column to the right of line 72.
An overpayment exists for the year only if the decrease in tax for the prior year of inclusion (after excluding the item) exceeds the tax computed for the year (without the deduction). See IRC 1341(b). No interest is allowed on any refund or credit on this type of overpayment, before the due date of the year of the restoration return.
Generally, the Collection areas compute interest for these types of cases. Listed in the sections below is how to compute interest for these types of adjustments.
If unable to determine the petition, discharge, or dismissal dates needed to compute the interest, contact the Insolvency Field Office or Centralized Insolvency Operation where the bankruptcy was filed. For the Insolvency (Bankruptcy) National Field/Centralized Site Directory, see: http://serp.enterprise.irs.gov/databases/who-where.dr/inslvncy-bnkrptcy/national_insolvency_field.htm.
Pursuant to section 502(b)(2) of the Bankruptcy Code [11 USC § 502(b)(2)], claims for unmatured interest (interest accrued after the petition is filed) are generally not allowed against the debtor's bankruptcy estate for unsecured, pre-petition tax debts. Accordingly, when IRS files unsecured, pre-petition tax claims in bankruptcy cases, the interest shown on the IRS proof of claim should only reflect the interest accrued as of the date the petition was filed. This pre-petition interest should be reflected on the IRS proof of claim, whether or not the tax or the interest has been assessed prior to the petition date.
Pursuant to 11 USC section 506(b) of the Bankruptcy Code, holders of oversecured pre-petition claims are allowed post-petition interest payments from the debtor's bankruptcy estate.
A federal tax claim is oversecured if a notice of federal tax lien (NFTL) was filed before the debtor's bankruptcy petition and the value of the collateral securing the claim is more than the amount of the claim. A federal tax claim may also be oversecured if the Government is holding a refund that could be credited (offset) against the liability on the claim and amount of the refund exceeds the amount of the liability.
Pursuant to 11 USC section 511 of the Bankruptcy Code, applicable to bankruptcy cases filed on or after October 17, 2005, the applicable post-petition interest rate for such post-petition interest is the rate prescribed by IRC 6621. The interest rate paid pursuant to a confirmed plan is set as of the calendar month in which the plan is confirmed.
Non-dischargeable Taxes: 11 USC sections 523(a)(1) and 523(a)(7) of the Bankruptcy Code describe the pre-petition taxes (including pre-petition interest) and tax penalties, respectively, that are excepted from discharge if an individual debtor receives a discharge in a Chapter 7, 11, or 12 bankruptcy case, or if an individual debtor receives a "hardship" discharge in a Chapter 13 case under 11 USC section 1328(b) of the Bankruptcy Code. The extent to which these exceptions apply in the case of a Chapter 13 debtor receiving a "superdischarge" under 11 USC section 1328(a) of the Bankruptcy Code will vary depending on whether the Chapter 13 case was filed before or after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) took effect on October 17, 2005.
For Chapter 13 cases filed before October 17, 2005, there is no exception to the superdischarge for taxes and penalties.
For Chapter 13 cases filed on or after October 17, 2005, the superdischarge no longer includes:
Trust fund taxes (including the trust fund recovery penalty),
Taxes for which a return was not filed or was late filed after two years before the bankruptcy case,
Taxes for which the debtor filed a fraudulent return or attempted to evade or defeat the tax, or
Any claim of any creditor that did not receive notice of the bankruptcy case in time to file a timely claim (unless the creditor had actual knowledge of the case).
For unsecured pre-petition taxes and tax penalties that are excepted from discharge, IRS is entitled to receive post-petition interest from the taxpayer outside of bankruptcy, even though the post-petition interest on these debts cannot be claimed from the debtor's bankruptcy estate.
In a Chapter 7, 12 and 13 bankruptcy case, for unsecured pre-petition taxes and tax penalties that are NOT excepted from discharge, IRS is not usually entitled to receive any post-petition interest from either the debtor's bankruptcy estate, or from the individual debtor outside of bankruptcy, unless the bankruptcy case is dismissed. A rare exception is a Chapter 7 case that has sufficient assets to pay post-petition interest on properly filed and allowed priority, and unsecured claims. See 11 USC section 726(a)(5). Also, in a Chapter 13 case started on or after October 17, 2005, a plan may provide for the payment of post-petition interest on non-dischargeable liabilities to the extent the debtor has disposable income after providing for full payment of allowed claims. See 11 USC section 1322(b)(10).
Interest is paid on priority claims 11 USC section 507(a)(8) of the Bankruptcy Code in Chapter 11 for individuals in the same manner as non-individuals. See IRM 188.8.131.52.1.4 (2).
For non-individual debtors, including corporations and partnerships, the exception to discharge provisions of 11 USC section 523 of the Bankruptcy Code for taxes and tax penalties do not apply.
For non-individual debtors in a Chapter 7 bankruptcy case, IRS's unsecured claims for pre-petition taxes are not entitled to receive any post-petition interest unless the case is dismissed. A rare exception is a case that has sufficient assets to pay post-petition interest on property filed and allowed priority, and unsecured claims. See 11 USC section 726(a)(5).
For non-individual debtors in a Chapter 11 bankruptcy case, IRS's general unsecured claims for pre-petition taxes are not entitled to receive any post-petition interest from the petition date through the plan effective date, unless the case is dismissed or unless the confirmed plan or the parties, by agreement, provide otherwise.
Pursuant to 11 USC section 1129(a)(9)(C) of the Bankruptcy Code, for a Chapter 11 plan to be confirmed it must provide for the full payment of unsecured priority claims under 11 USC section 507(a)(8) including post-confirmation interest. Secured claims, per 11 USC section 1129(b)(2)(A) of the Bankruptcy Code, must also be paid in full with interest accruing from the effective date of the plan. If the value of the collateral exceeds the amount of the claim (IRS's secured claim is oversecured), the plan should provide for interest on the claim from the petition date. See 11 USC section 506(b) and IRM 184.108.40.206.2, The Plan of Reorganization.
This interest begins to accrue upon the effective date of the plan at the rate described in IRC 6621, unless the confirmed plan, the confirmation order, or an agreement of the parties provides another interest rate. For bankruptcy cases filed after October 17, 2005, the interest rate is determined as of the calendar month in which the plan is confirmed, per 11 USC section 511 of the Bankruptcy Code.
For unsecured pre-petition taxes NOT entitled to priority under 11 USC section 507(a)(8) of the Bankruptcy Code, IRS is not entitled to any payment of interest that would accrue after the effective date of the plan unless the confirmed plan or the parties, by agreement, provide otherwise.
For post-petition taxes and tax penalties incurred by a debtor and/or by the debtor's bankruptcy estate, the restrictions of 11 USC section 502(b)(2) of the Bankruptcy Code on the accrual of post-petition interest do not apply.
Post-petition taxes incurred by an individual debtor in a Chapter 7 or 11 case do not represent a potential claim against the debtor's bankruptcy estate, but the post-petition taxes and post-petition interest thereon are collectible from the individual debtor outside of the bankruptcy.
Post-petition taxes incurred by an individual debtor's bankruptcy estate in a Chapter 7 or 11 bankruptcy case, which is a separate taxable entity under IRC 1398, are payable from the estate.
IRS may elect to file a claim for post-petition taxes incurred by an individual debtor during a Chapter 13 case pursuant to 11 USC section 1305(a)(1) of the Bankruptcy Code. If the IRS chooses to file such a claim, it may be limited to claiming the tax only, depending on local practice. For this reason, IRS usually does not claim post-petition interest or penalties on section 1305(a)(1) claims. In some jurisdictions, however, IRS may be allowed to file a section 1305(a)(1) claim that includes accruals of post-petition interest and penalty as of the claim filing date. See IRM 220.127.116.11.2, 11 USC Section 1305 Claims.
If Then IRS chooses to file a section 1305(a)(1) claim for post-petition taxes in a Chapter 13 case, IRS usually will not claim post-petition interest unless such interest is allowed to be claimed based on local practice. IRS does not elect to file a section 1305(a)(1) claim for the post-petition taxes incurred by an individual debtor during a Chapter 13 case, the post petition taxes and all the post-petition interest thereon are collectible from the individual debtor outside of bankruptcy.
Post-petition interest on post-petition taxes and tax penalties incurred by a non-individual debtor's bankruptcy estate, including a corporation or a partnership in a Chapter 7 or 11 bankruptcy case, is payable through the non-individual debtor's bankruptcy case as an administrative expense claim.
In a Chapter 11 case, IRS may insist upon being paid the full amount of any post-petition taxes, penalties, and interest incurred by a non-individual debtor's bankruptcy estate by the plan effective date. For cases filed on or after October 17, 2005, the IRS is not required to file an administrative claim to be paid from the bankruptcy estate. See 11 USC section 503(b)(1)(D) of the Bankruptcy Code. However, in cases filed before October 17, 2005, if IRS fails to file its administrative period claims for post-petition tax, penalties, and interest by any applicable administrative claims bar date set in the Chapter 11 case of an individual debtor, the post-petition taxes incurred before the plan confirmation date may be discharged (11 USC. sections 1141(d)(1) and 1129(a)(9)(A) of the Bankruptcy Code). A non-individual debtor does not receive a discharge under Chapter 7 of the Bankruptcy Code.
Pursuant to section 11 USC 349(b) of the Bankruptcy Code, the dismissal of a bankruptcy case generally reinstates liens (and debts) and reverts property back to the debtor as if the bankruptcy petition had not been filed.
If Then the debtor is not granted a discharge in a Chapter 7 case, IRS should assert a right to uninterrupted statutory interest on any tax debts. a Chapter 13 case of an individual debtor is dismissed before the debtor receives a discharge pursuant to 11 USC section 1328 of the Bankruptcy Code, IRS should assert a right to uninterrupted statutory interest on any tax debts. a Chapter 11 case is dismissed after a plan has been confirmed, IRS should review the terms of the plan and seek advice from Counsel.
Pursuant to 11 USC section 524(e) of the Bankruptcy Code, the discharge of a tax debt of the debtor does not generally affect the liability of any other entity or person for such tax debt.
If Then the parent corporation or its subsidiaries are debtors in a bankruptcy case, but other members of the debtor's consolidated group for federal income tax purposes are not debtors in a bankruptcy case, the several liability of the non-debtor members of the group for all statutory interest accruals upon the group's federal income tax debts continues and is unaffected by the bankruptcy cases of the debtor members of the group.
When levy proceeds are returned, the delinquent tax is not forgiven. The taxpayer is still obligated to pay the amount owed, and IRS is obligated to collect it. However, the taxpayer will not be charged the failure to pay penalty and interest during the period that IRS held the money. The example below should only be followed if the account is already blocked (restricted) from systemically calculating interest (e.g., -I freeze), or if for some other reason interest needs to be manually computed. Whenever possible, allow the IRS computer systems to systemically calculate interest, by not unnecessarily restricting a tax module. If the interest and penalties can be systemically computed, then this procedure is not necessary.
The taxpayer owed $10,000. On April 10, 2011, $2,500 was collected as levy proceeds. On May 4, 2013, the $2,500 was returned.
Compute a running module balance on $10,000 through April 10, 2011.
Suspend interest on $2,500 for the period April 11, 2011, through May 4, 2013.
Resume interest on the running module balance plus the $2,500 on May 4, 2013 computed to the 23C date. Input a TC 340 with the "COMP-INT-AMT" and "INT-TO-DT" fields completed. This will allow IDRS and Master File to systemically update interest after input of the non-restricting TC 340. The COMP-INT-AMT will be the balance owed as of the 23C date. Use the 23C date as the INT-TO-DT.
If property of an individual, other than the taxpayer, is wrongfully levied upon and the property or proceeds from the sale of the property is applied to satisfy a liability of the taxpayer, and later is returned to that individual, underpayment interest should be charged on the taxpayer's liability during the period that the wrongful levy amount was applied. Interest does not need to be manually computed if the credit is reversed using the same date. Otherwise, interest must be manually computed when refunding or offsetting using a different date.
Collection procedures stipulate that monies derived from a sale or auction, designated payment code (DPC) 06, are to be applied first against levy fees and collection costs (TC 694), then against tax due on the account for the sale of the seized property. The balance of monies, if any, is applied against the past due tax liability that formed the basis for the levy and sale. See IRC 6342.
The government levies and collects certain taxes by using stamps. See IRC 6801.
The Department of the Treasury is responsible for the preparation and distribution of all stamps denoting the several stamp taxes. See IRC 6801(b).
Per IRC 6653, any person who willfully fails to pay or willfully attempts to evade or defeat the stamp tax can be penalized 50% of the underpayment of the tax. Interest on this penalty starts from the due date or extended due date (whichever is later) of the stamp tax. See IRM 18.104.22.168, IRC Section 6653 Failure to Pay Stamp Tax, for more information.
A claim for the redemption of, or allowance for, stamps must be filed within three years from the date of purchase of the stamps from the government. See IRC 6805(c) and Treas. Reg. 301.6805-1(c).
Interest is allowed on overpayments of stamp taxes under IRC 6611, regardless of whether the tax was paid by purchase of stamps or due to an assessment. See section 15.03 of Rev. Proc. 60-17.
If Then allow overpayment interest from paid by purchase of stamps FROM: the date the stamps were affixed and cancelled
TO: refund schedule date, less any applicable back-off period.
paid due to an assessment FROM: the date of payment
TO: refund schedule date, less any applicable back-off period.
Do NOT allow interest on amounts paid in redemption of unused stamps.
The Tax Court has jurisdiction of interest in transferee cases and may sometimes require computations of interest.
Interest on a transferee liability is computed based on the state or federal law that governs the liability. State laws that may apply, for example, are wrongful transfer or fraudulent conveyance statutes. IRC 6901 is strictly procedural as to the assertion of a transferee liability. O'Sullivan v. Comr, T.C. Memo. 1994-17 summarizes some of the principles.
In these cases, the transferee’s liability is not limited to the value of the assets transferred.
The transferee is liable for normal interest under IRC 6601 from the due date of the tax of the transferor. Lowy v. Comr., 35 T.C. 393 (1960) discusses this principle. See IRM 22.214.171.124.5, Liability of Transferee for Interest, and Chief Counsel Directives Manual (CCDM) 126.96.36.199.2.1, General Guidelines on Interest Issues, for further information.
Generally, when transferee liability is imposed under state law, the transferee’s liability for the transferor’s debts is limited to the value of the assets transferred to the transferee. See Estate of Stein v. Commissioner, 37 T.C. 945, 961(1962). In these cases, the extent to which interest under IRC 6601 on the transferor’s liability is recoverable from a transferee depends upon the relationship between the value of the assets transferred and the transferor’s total liability for tax, penalties, and interest.
If the value of the assets transferred exceeds the transferor’s total liability at the time of the transfer, the transferee’s liability includes transferor interest under IRC 6601 on the transferor’s underpayment and penalties. Generally, that means that the transferee will be liable for interest on the underpayment of tax beginning on the due date of the transferor’s return. See IRC 6601(a). The transferee will be liable for interest on penalties and additions to tax imposed against the transferor as provided by IRC 6601(e). The transferee’s liability, including for IRC 6601 interest, is capped at the value of the assets transferred, except that state law interest may begin to run on the transferee’s liability if and when the value of the transferred assets is absorbed by the imposition of transferor interest, until the date of the statutory notice of liability. Transferee interest under IRC 6601(b)(5) begins to accrue on the date of the statutory notice of liability and runs until the transferee liability is paid.
If the value of the assets transferred is less than the amount of the transferor’s total liability at the time of the transfer, the transferee is liable for the transferor’s tax, penalty, and interest only to the extent of the value of the assets transferred. The transferee’s liability may include some of the transferor’s interest accrued under IRC 6601, depending on the value of the assets. In these cases, interest may accrue on the transferee’s liability under state law. The rate of interest and starting date are determined under the state law. Transferee interest under IRC 6601(b)(5) begins to accrue on the date of the statutory notice of liability and runs until the transferee liability is paid.
After the date of the notice of transferee liability, the interest on the transferee’s liability runs pursuant to IRC 6601 (both the O'Sullivan and Estate of Stein court cases note this principle).
In summary, consider the state law where the assets were transferred, the date the assets were transferred, and the date of the IRS notice of transferee liability. These two dates must be determined if computing interest in a limited liability situation.
Seek Counsel advice as to the state interest rate (if applicable) and the effective dates of both state and federal rates. See IRM 188.8.131.52.5, Liability of Transferee for Interest, and IRM 184.108.40.206.3.2.1, Fraudulent Transfers Under Federal and State Law.
State law has no bearing on transferee liabilities (limited or unlimited) resulting from a transferor's estate/gift tax liability.
IRC 6324(a) and IRC 6324(b) specifically govern the transferee's estate/gift tax liability and together with IRC 6901 provides that interest under IRC 6601 will apply from the due date of the tax of the transferor. See IRM 8.7.4, Appeals Estate and Gift Tax Cases, and IRM 220.127.116.11, Transferee Liability Cases, for more information on estate and gift cases.
Form 1296, Assessment Against Transferee or Fiduciary, is used to make Non-Master File (NMF) transferee assessments by allowing the user to specify the amount of tax and penalty to be assessed (if any), on cases involving an unpaid transferor liability assessed against a transferee(s).
Transferee liability assessments are made on Non-Master File (NMF) using the transferor's tax year.
For example, if the transferor is XYZ Corporation with a fiscal year ending 09/30/2015, and the transferee is Joe Smith with a tax year ending 12/31/2015, the assessment against Joe Smith would be made Non-Master File using a taxable period of 09/30/2015. Therefore, the transferee notice of liability would show the tax year for Joe Smith as 09/30/2015.
In the reverse situation, if the transferor is John Doe for a tax year ending 12/31/2015, and the transferee is ZZZ Company with a fiscal year ending 08/31/2015, the transferee notice of liability for ZZZ Company would show the tax year as 12/31/2015.
The transferee assessment is made using a "dummy" taxpayer identification number (TIN) on NMF. The transferee's account is set up on NMF using the transferee's TIN with a "-D" (dummy) and "Transferee" after the name to indicate transferee status. See paragraph 3 of IRM 18.104.22.168, Administration Procedures, for further information.
If transferee’s liability is not limited to the value of the assets received:
Prepare a separate Form 1296 for each taxable period and each kind of tax.
Use the tax period of the transferor as the tax period of the transferee.
If transferee’s liability is limited to the value of the assets received:
If the value of assets received by the transferee is less than the unpaid liability of the transferor and more than one year is involved, do not allocate the transferee's liability to the various years. Instead, show the liability as one amount on the Form 1296 of the earliest unpaid liability year of the transferor without identifying it with any particular year of the transferee.
Prepare a single Form 1296. Show the total transferee liability on the right-hand side of Form 1296.
Annotate the interest starting date and the interest rate on Form 1296 or the attachment to Form 1296.
Itemize the liability of the transferor for each taxable year on an attachment, or in the remarks section of Form 1296, or on a separate Form 1296, depending upon the preference of the processing office.
An example of a completed Form 1296 and the attachment are found in IRM Exhibit 8.7.5-3, Sample Form 1296, Assessment Against Transferee or Fiduciary. See IRM Exhibit 8.7.5-4, Attachment to Form 1296 - Transferee with Limited Liability – Multiple Years.
In all cases, disregard previously assessed interest. If the distribution to the transferee was on or before the original due date of the tax:
Compute interest (on the tax only) from the original due date to the date of assessment, or to the 30th day after the filing of an agreement, whichever is earlier.
Compute interest to the availability date of the overpayment, if the tax is satisfied by crediting an overpayment.
On a terminated tax year, if the tax is paid and the assessment later abated, interest is not allowed on any resulting refund for the period before the normal return due date. The payment is considered received as of the normal return due date.
On a jeopardy assessment, if a portion of the assessment is later abated, normal overpayment interest rules apply to the overpayment.
Form 8752, Required Payment or Refund Under Section 7519, is filed by partnerships and S corporations who made the IRC 444 election to file their income tax return using a fiscal ending year rather than the required taxable ending year (usually the calendar year). Form 8752 is used to remit the required payment, which is intended to represent the value of the tax deferral by the owners of those entities through the use of a taxable year other than the required ending year. The required payment is considered a deposit. See IRM 22.214.171.124.7, Form 8752, Required Payment or Refund Under Section 7519.
Deficiency procedures do not apply to assessments based on required payments.
A required payment is due only for a limited time, e.g., 5/15/YR1 to 5/15/YR2. Once the subsequent election year begins, a new "required payment" is computed and due. If a prior payment was not made, IRS does not attempt to collect it. Instead, interest and a penalty of 10% under IRC 7519(f)(4)is assessed.
Interest on any underpaid required payment is due from 5/15/YR1 to 5/15/YR2 plus any accrued interest on the interest until fully paid. The interest rate is established by IRC 6621(a)(2).
Underpaid required payments are subject to a 10% penalty under IRC 7519(f)(4). Interest on the penalty is due from the date of notice and demand, which is usually the assessment date or the "23C" date until paid in full.
Although the original tax is no longer due as of the beginning of a new election year, the taxpayer is still liable for all interest and penalties due on the tax module. For these types of cases, interest must be manually computed and assessed or the taxpayer may be overcharged interest. Use a non-restricting TC 340 whenever possible. See IRM 126.96.36.199, Non-Restricting Transaction Code (TC) 340.
The election year beginning is 9/1/2015. The required payment of $500,000.00 is due on 5/15/2016 and no payment was received. In addition to the required payment, the taxpayer is liable for a penalty of 10 % or $50,000.00. Interest is due on the penalty from the date of notice and demand (usually the 23C date) until it is paid in full, unless the taxpayer fully pays the penalty within 21 calendar days of the notice and demand (10 business days if the amount on the notice and demand equals or is more than $100,000), in which case interest will not be charged. Interest will be charged from 5/15/2016 to 5/15/2017 at the current rate (i.e., 4%) for $20,368.41. Interest on the interest is charged from 5/15/2017 until paid in full. The original required payment of $500,000.00 that was due on 5/15/2016 is no longer due after 5/15/2017. However, the taxpayer is still liable for the penalty and interest.
A request to obtain a refund of an overpaid required payment under IRC 7519 is treated as a return of a deposit (IRC 6603 is not applicable). IRC 7519 requires a running deposit balance that is adjusted each year. An entity’s required payment may increase, decrease, or stay the same from any one year to the next, depending on the entity’s base year income and the applicable tax rates.
No interest will be paid with any refund of a required payment. See IRC 7519(f)(3).
A taxpayer's required payment due on 5/15/2015 is $8,000.00 and is timely paid with the filing of the first Form 8752 election. The $8,000.00 is rolled forward as Transaction Code (TC) 766 to the next year, 5/15/2016. However, the taxpayer's required payment due on 5/15/2016 is only $5,000.00. The $5,000.00 will be rolled forward as a TC 766 to the next year, 5/15/2017, and the overpaid required payment of $3,000.00 will be returned to the taxpayer without overpayment interest.
The refund of excess required payments shown on Form 8752 is considered a return of a deposit. Because the required payments are considered deposits, the IRS doesn’t have the authority to apply any excess amount of a required payment to any other balance due account belonging to the taxpayer (i.e. IRS doesn’t have a right of offset). Excess required payments that are the result of tax adjustments can be held and applied at the request of the taxpayer to another Form 8752 module to pay penalty and interest. The excess required payment must be manually moved. Otherwise, the system may create erroneous refunds.
An offer in compromise (OIC) is an agreement between the taxpayer and the government that settles a tax liability (tax, penalties, and interest) for payment of less than the full amount owed.
An OIC is identified by the following module conditions:
TC 480 (pending) or TC 780 (accepted) in the module
-Y freeze on the module
Status Code 71
Per Treas. Reg. 301.7122-1, an accepted OIC conclusively settles the liability. However, the taxpayer remains liable for the full amount of the tax liability plus all accrued penalties and interest until the taxpayer has met all of the terms and conditions of the offer. Once accepted by IRS, interest and penalties are suspended on that date (TC 780 posting date), provided the taxpayer follows the agreement made with IRS, such as paying the agreed amount or making monthly payments.
TC 780 automatically prevents the module from posting any further systemic interest and penalties. So, if the OIC agreement includes accrued penalties and interest, then the accruals are computed to the TC 780 date of acceptance and input with TC 340 and TC 270. CC INTST can be used if the account is not restricted; otherwise, use either ACT/DMI or CC COMPA.
Any TC 340 and TC 270 required to be input in order to post the accruals must forward the interest computation (including CC INTST) to Files or input into the Account Management Services (AMS). This is so that if someone needs to verify how interest was computed, there is documentation.
Instructions for processing and monitoring accepted OIC cases are found in IRM 188.8.131.52, Monitoring Offers in Compromise (MOIC)
IRC 460(a) requires that the taxable income from any long-term contract be determined under the percentage-of-completion method (PCM) as modified in IRC 460(b). Under IRC 460(b), a taxpayer using PCM to account for income from long-term contracts is required to pay or is entitled to receive interest on the amount of tax liability deferred or accelerated under that method of accounting. This interest is referred to as "look-back interest."
Under IRC 460(b)(2) and Treas. Reg. 1.460-6(c), a taxpayer determines its look-back interest for a taxable year in three steps:
The taxpayer reapplies the PCM to all long-term contracts completed or adjusted in the current taxable year (the "filing year" ) using actual total contract price and actual total contract costs, and determines the taxable income that would have been reported for each prior taxable year "redetermination year."
The taxpayer compares the redetermined tax liability for each redetermination year with the reported tax liability for that year and determines the hypothetical underpayment or overpayment of tax for each redetermination year.
The taxpayer applies the adjusted overpayment rate (i.e., overpayment rate in effect under IRC 6621 for the calendar quarter in which interest begins to accrue), compounded daily, to the hypothetical underpayment or overpayment of tax for each redetermination year.
Under Treas. Reg. 1.460-6(c)(4)(i), the interest accrual period begins on the return due date (not including extensions) for the redetermination year and ends on the earlier of the following:
The return due date (not including extensions) for the filing year, or
The date when the taxpayer both files its return for the filing year and has paid the tax for that year. A net amount of interest payable by (or to) the taxpayer is computed for each filing year.
Add-on interest owed to the taxpayer is eligible for interest netting if the taxpayer previously paid the look-back interest. Add-on interest owed to the government is eligible for interest netting. If the look-back interest was not previously paid by the taxpayer, any add-on interest would not be subject to netting. For general netting procedures, see IRM 20.2.14, Netting of Overpayment and Underpayment Interest.
Taxpayers required to account for long-term contracts entered into after February 28, 1986, (under either the percentage of completion-capitalized cost or the percentage-of-completion methods), must use Form 8697, Interest Computation Under the Look-Back Method for Completed Long-Term Contracts, to compute and report the look-back interest due or to be refunded, as determined in IRC 460(b)(2). See Treas. Reg. 1.460-6(f)(1).
If interest is due, the taxpayer must file Form 8697 with the related return on or before the due date (including extensions) of that return. The amount of interest due must be treated as an increase in income tax for the filing year. Full paid and balance due original Forms 8697 are filed as an attachment to the related income tax return.
If the net balance due is not paid with Form 8697, compute interest from the Form 8697 received date to either the payment date or billing date, whichever is earlier.
If the Form 8697 is attached with the timely filed return, then interest starts on the look-back interest owed from the received date of the Form 8697, which most of time would be the return due date. However, when the form is timely received with an extended return, then a TC 298 for the look-back interest can be used with the INT-COMP-DT equal to the received date of the Form 8697. This way interest doesn’t need to be restricted.
Normal underpayment interest rates apply, including, when applicable, the large corporate underpayment (LCU) rate.
Look-back interest owed by a taxpayer is subject to the limitations on assessment and collection provided in IRC 6501 and IRC 6502.
The instructions for Form 8697 provide that taxpayers that are owed look-back interest must file Form 8697 separately with the Philadelphia (IMF) or Cincinnati (BMF) campuses on or before their income tax return due dates for the filing year (including extensions). Effective January 1, 2005, Form 8697 is processed on Master File. Prior to that date, the form was processed on NMF. Research both IDRS and NMF when working these cases.
Look-back interest owed to a taxpayer accrues add-on interest. The term "add-on" interest is used to describe the amount of interest allowable on the "base" look-back interest amount that is owed TO the taxpayer. Add-on interest is computed using the normal overpayment interest rules, including, when applicable, the reduced rate on a corporate overpayment exceeding $10,000 (i.e., GATT). The base look-back interest amount is not taken into account when determining if the GATT threshold is met.
A corporate taxpayer files Form 8697 for year X claiming look-back interest of $15,000. Upon review and approval of the taxpayer’s request, this base look-back interest amount is posted to the tax module as TC 766 with credit reference number (CRN) 251. Since there are no prior refunds or offsets on the tax module that would be considered in determining the GATT threshold, interest (i.e., add-on interest) on the first $10,000 of the base amount is computed at the normal corporate overpayment rate. Interest on the remaining $5,000 is computed at the GATT rate.
The rules comparable to the overpayment interest rules set forth in IRC 6611 apply to add-on interest. Accordingly,
Add-on interest generally begins to accrue FROM the earlier of the due date of the federal income tax return for the filing year and the date the return is filed with any tax paid TO the refund schedule date (less the applicable back-off period).
If a taxpayer files a claim for look-back interest late, the accrual period will not begin prior to the date when the claim is actually filed.
If IRS pays look-back interest within 45 days after the claim is received and processible, no add-on interest will be paid from the claim received date until the date the refund is made.
Add-on interest will not be allowed for any period prior to the time the taxpayer has filed a processible Form 8697.
A taxpayer's claim for look-back interest previously paid is a claim for credit or refund of an overpayment of tax subject to the limitations provided in IRC 6511.
The six-year periods of limitations under Title 28 USC section 2401 and Title 28 USC section 2501 of the United States Code begin to run on the day when the taxpayer's claim for look-back interest accrues (i.e., the earlier of the due date of the taxpayer's return for the filing year, or the date the return is filed with tax paid).
IRS may offset look-back interest owed to a taxpayer against the taxpayer's tax liability under common law right of offset principles. However, the offset provision of IRC 6402(a) is not applicable.
In a criminal tax case, a court can require a defendant to pay the losses incurred by the government. The amount of the restitution ordered by the court is determined from evidence submitted at trial, or from information contained in the plea agreement, and is presented to the court at sentencing.
On August 16, 2010, Public Law No. 111-237 amended IRC 6201 to provide that IRS can assess and collect the amount of restitution ordered in a tax case for failure to pay taxes in the same way as if it were a tax. The law applies to restitution orders after August 16, 2010.
Public Law No. 111-237 also amended IRC 6213(b) to state that a notice of assessment of restitution is not a notice of deficiency and the taxpayer may not petition the tax court. Additionally, it amended IRC 6501(c) to state that IRS has an unlimited assessment period for restitution-based assessments (RBAs). See IRM 25.26.1, Criminal Restitution and Restitution-Based Assessments.
RBA assessments are made directly to the MFT 31 module for the culpable individual taxpayer. The culpable taxpayer is the person the court found guilty and can be either spouse on a joint return. Transaction Code (TC) 971 Action Code (AC) 102, created after March 23, 2011, indicates the module or the related module contains a restitution assessment.
For defendants other than individuals, such as a corporation, restitution is generally assessed on the MFT where the tax is assessed against that defendant. These are rare occurrences. See IRM 4.8.6, Criminal Restitution and Restitution-Based Assessments, for more information.
A restitution assessment can have a related duplicate civil tax assessment. It can also have a related duplicate restitution-based assessment when there are multiple defendants that are jointly and severally liable for payment of the same restitution. The related duplicate assessment can be an individual, corporation, partnership, etc. TC 971 AC 18X will cross-reference to the related return and show the amount of the duplicate assessment, if there is one. For a list of the action codes, see IRM 184.108.40.206.2, Initial Case Creation.
Reason codes 141 through 150 used with the RBA assessment identify the case type in which the underlying tax liability was based, e.g., IMF, BMF, or Return Preparer. TC 971 action codes identify the duplicate or non-duplicate assessment. See IRM 220.127.116.11, Transcripts.
RBAs are assessed and collected the same way as any civil tax assessment. As such, interest applies as it would for any other civil tax assessment. However, some of the interest suspension rules may not be the same. See IRM 18.104.22.168.1 below.
Under Title 26, all restitution-based assessments are subject to the normal interest rules of IRC 6601, Interest on Underpayment, Nonpayment, or Extensions of Time for Payment, of Tax.
The related tax period determines the interest start date for the MFT 31 assessment. See Document 6209, Section 2.3, Due Date of Returns, for return start dates.
Assessments related only to an individual (MFT 30) can generally be systemically computed on the MFT 31 module.
None of the module indicators, such as disasters, combat zone, filing extensions, etc. are mapped over to non-mirrored MFT 31 modules. Always first review the MFT 30 module. If one of these conditions applies to the MFT 31 year, interest may need to be manually computed and input with a non-restricting TC 340.
Interest should be computed in accordance with Rev. Rul. 99-40. See IRM 22.214.171.124, Revenue Ruling 99-40 (Modifies and Supersedes Revenue-Ruling 88–98) Use of Money, when it applies. If the interest is not computed in accordance with Rev. Rul. 99-40 at the time of assessment, an interest adjustment can be made when payments are cross-referenced. The taxpayer can also request interest to be reduced per Rev. Rul. 99-40.
If the related module shows a refund without interest, then the interest start date will be the refund date up to the amount of the refund. See IRM 126.96.36.199.1, Revenue Ruling 99-40 and Refunds.
Prior assessments on the related module, not related to the RBA, need to be considered when determining if Rev. Rul. 99-40 applies.
If, on an income tax return (Form 1040, Form 1041, and Form 1120), the taxpayer elected to have the overpayment applied to the subsequent year, instead of receiving a refund (TC 830/836), then the subsequent year also needs to be reviewed to see what quarter the credit elect was needed. If a computation was done, then a TC 971 AC 653 needs to be input, to show Rev. Rul. 99-40 was considered, even if it doesn’t apply to this taxpayer. If there is insufficient information to determine if Rev. Rul. 99-40 applies, such as annualized installments were used, then there is still an automatic one month suspension for the Form 1120 returns. (Starting with 2016 returns, the return due date will be the same as the due date of the first quarter for estimated tax payments. The only exception are returns with fiscal year ending (FYE) in June; they will keep the 9/15 due date until 2025.) See IRM 188.8.131.52.2, Revenue Ruling 99-40 and Credit Elects (May/Sequa).
Prior assessments on the Form 1040 or Form 1120 modules need to be considered when there is a credit elect. Make sure the benefit is not allowed twice.
There is a TC 836 for $120,000 on 200712. The credit elect was not needed until the second quarter 6/15. The non-RBA tax previously assessed was $166,000. The RBA on MFT 31 is $40,000. The interest suspension benefit of $120,000 to 6/15 was already allowed on the $166,000, thus, leaving no remaining benefit for the RBA of $40,000. A suspension won’t be needed on the MFT 31 module.
When applying interest suspensions on modules with assessments both related and non-related to the RBA, use the normal ordering rule of tax, then penalties in effective date order.
If the related module shows a refund with interest, then within module netting per Rev. Proc. 94-60 may apply. Rev. Proc. 94-60 states during the period interest was paid on a refund, underpayment interest will be charged at the same rate up to the amount of the principal refund (including accruing interest). In other words, underpayment interest will be computed at the same overpayment interest rate. All or part of the allowable interest may need to be included in the interest computation. Usually, this is input with a TC 772. However, a non-mirrored MFT 31 cannot have a TC 772 input without an accompanying TC 770/776. Thus, the TC 772 will need to be included in the TC 34X. (This doesn't apply if the MFT 31 module had an erroneous refund with interest. When the erroneous refund is returned, a systemic interest reversal will reflect a TC 777. If the module doesn’t have a TC 777, then a TC 772 can be input.) For more information, see IRM 184.108.40.206, Within Module Interest Netting under Revenue Procedure 94-60.
Do not include periods that were previously allowed credit interest for an interest-free suspension. Only the back-off period should be considered, when applicable.
The related MFT 30 module shows the taxpayer received a refund on 6/27/2016 of $5030 (TC 846), which includes interest of $30 (TC 776) from 4/15/2016 to 6/9/2016 (18-day back-off). Later, an assessment of $20,000 on MFT 30 systemically posted a TC 777 for $30. Only the back-off period (from 6/9/2016 to 6/27/2016) is entitled to any Rev. Rul. 99-40 suspension. The taxpayer had previously received credit interest and the TC 777 is now considered part of the debit interest.
RBAs are not entitled to interest suspensions under IRC 6601(c) and IRC 6404(g). These suspension periods may be applied on the duplicate assessment made on civil module (e.g., MFT 30, MFT 02), but not on MFT 31. The same is true for net operating loss (NOL) carrybacks. They can only be applied to the civil module.
Normal interest abatement procedures, if applicable, are to be followed. See IRM 20.2.7, Abatement and Suspension of Debit Interest, for procedures on filing claims due to delays because of ministerial or managerial acts.
When an assessment is made to MFT 31 for a non-individual, enter the due date of the related return of the non-individual in the INT-CMPTN-DT field of TC 298. Use this date as the interest start date.
Systemic computation of debit interest is not possible when a TC 298 assessment on an MFT 31 module carries an INT-CMPTN-DT that's prior to an IMF return due date. Interest must be manually computed. The date is for reference only. However, generally, a non-restricting TC 340 can be used. See IRM 220.127.116.11.3, Non-Restricting Transaction Code (TC) 340, and IRM Exhibit 20.2.5-4, Input Screen of Non-Restricting TC 340, for instructions.
If a payment or credit posts after the non-restricting TC 340 has posted with an availability date prior to the 23C date, then the account will show a -I, which means interest is restricted. Interest will need to be manually recomputed taking into account the payments/credits and input with a new non-restricting TC 340. Often this is discovered when a CP 86 notice is generated.
If more than one TC 298 assessment for a non-individual is being input to MFT 31, associate the non-restricting TC 340 with the last assessment. Ensure that the COMP-INT-AMT of the non-restricting TC 340 is inclusive of all TC 298 assessments. In order that only one notice is sent to the taxpayer, Hold Code 4 is entered for all but the last assessment. Use Hold Code 0 on the last assessment, which will systemically delay the final adjustment one cycle.
When it is necessary to input both a TC 290 and a TC 298 to the MFT 31 module, input the TC 290 assessment first. Post delay the TC 298 assessment(s) for one cycle (PDC 1) to allow interest on the TC 290 assessment to post before interest is restricted with the input of TC 298. Interest for each TC 298 assessment should be computed to the final 23C date (2 cycles ahead), which will be input with a non-restricting TC 340, whenever possible. Be sure that the COMP-INT-AMT of the non-restricting TC 340 includes all unpaid assessments and interest accruals, even on the TC 290. Use the same procedure described in the prior paragraph of including Hold Code 4 with all but the last assessment, thereby generating only one notice to the taxpayer.
If later it is discovered the TC 298 amount is wrong, a partial or a full reversal is input with a TC 299. Since normally TC 299 is used for carryback claims, a carryback claim received (TCB) date is required to be input with the TC 299. For these instances, use the current date for the TCB date. Use the same interest start date (INTCMP-DT) originally input with the TC 298. If reversing the entire TC 298, use the original underpayment interest date (DB-INT-TO-DT) for the TC 341. If only making a partial adjustment, compute interest to the 23C date or full paid date, whichever is earlier.
For assessments made only on the BMF module, a TC 290 should be used, since the interest start date will be the same as the return due date. The assessments do not need to have interest manually computed, unless there is a TC 836 or some other reason to restrict the module.
The large corporate underpayment (LCU) interest rate can apply to RBAs related to C-corporation tax liabilities, including assessments made on MFT 31, but only if the RBA is also made against the C-corporation. The related TXMOD/BMFOL will have a "C" corp indicator. If it doesn’t, use BMFOLE to check for the filing requirements. If BMFOLE shows Form 1120:01, this means the module is required to file Form 1120. Starting in July 2017 a TC 971 AC 359 can be input to set the "C" corp indicator. A non-restricting TC 340 cannot be used if LCU applies. A note in the history item or on AMS should be input to indicate the LCU "applicable" or "trigger" date. If the interest total includes LCU, as well as regular interest, then how much interest applies to each needs to be annotated. See IRM 18.104.22.168, Large Corporate Underpayment (LCU), for more information.
A criminal tax case is brought against the director of a corporation relating to the corporation’s civil tax liability, and the court enters a restitution order against the director. The LCU interest rate cannot apply to the RBA against the director even though the related civil tax liability is a C-corporation’s tax liability. But, if the corporation itself is the criminal defendant and the court enters a restitution order against the corporation, the LCU interest rate can apply to the RBA made against the corporation on MFT 31.
Prior to January 2014, BMF related modules will show a TC 290 with the interest start date identified as a history item on TXMOD. (The history items on TXMOD are available to view as long as the account is still on TIF.)
For cases that are related to a return preparer, interest is computed and considered separately, since the taxpayer and the return preparer are not the same person.
Only court ordered penalties can be assessed on MFT 31. Interest on penalties will follow the normal interest rules. See IRM 22.214.171.124, Interest on Penalties and Additions to Tax. For penalties, such as the fraud penalty, where interest begins from the extended return due date, and a TC 460 extension to file is on MFT 30, then a TC 460 can be input on MFT 31. Thus, interest on the penalty won’t have to be manually computed.
For other unusual interest rules, such as TETR credit (CRN 253) on 2006 returns, see IRM 20.2, Interest.
Payments for RBA assessments are made to the federal court and then forwarded to Revenue Accounting Control System (RACS) in Kansas City. The payments are applied or transferred to the MFT 31 accounts after the modules are established. These payments can be identified with Designated Payment Code (DPC) 26 or, if made prior to January 2012, DPC 08. DPC 26 can only be input on the MFT 31 module. A TC 570 is input to hold the payments from refunding until the RBA is assessed.
Per IRM 126.96.36.199(9), Deposit Procedures (General), a payment effective date is the date IRS receives the payment. RACS in Kansas City uses the earliest received date when posting the payments to the modules. If there is a posting date error, then contact RACS in Kansas City for it to be corrected. Delays by the court in sending the payments into IRS is not a managerial or a ministerial act per IRC 6404(e).
Payments made to a duplicate assessed IMF or BMF module will be cross-referenced by Compliance Services Collection Operation (CSCO) with credit reference number (CRN) 337. Such payments will post on the transcript as TC 766 showing the payment date.
When using the import feature of ACT/DMI, make sure the correct effective date is shown. If TC 766 CRN 337 transactions show the return due date, then manually change the date to the 23C date.
MFT 31 (Restitution Module) MFT 30 (Related Civil Module) TC 290 08-03-2015 $4,500.00 TC 300 06-13-2013 $4,500.00 TC 196 08-03-2015 $1,058.04 TC 336 06-13-2013 $712.48 TC 971 AC 185 MFT 30 MMA $4,500.00 TC 971 AC 184 MFT 31 MMA $4,500.00 TC 670 DPC 26 07-19-2014 $4,500.00 TC 766 337 07-19-2014 $4,500.00
When there are multiple assessments, undesignated payments should be applied in effective date order. An undesignated payment made to a module showing a tax due date of 1/31 will be applied to that tax before it is applied to a tax with a 4/15 due date. Fraud and failure to file penalties are due on the later of the return due date or extended due date of the related tax period. Payments and credits should be applied first to the earliest due date of the related tax period. Generally, payments will be applied to the fraud and failure to file penalties before they are applied to a penalty with a later notice and demand effective date (usually the 23C date), such as the failure to pay penalty. See IRM 188.8.131.52.1, Application of Payments.
Per IRC 6601(e) interest is owed and due as it accrues. It is assessed, collected, and paid in the same way as tax. Payments should be applied to interest on any unpaid tax which has an effective date earlier than a penalty or fee. Payments previously applied to pay tax and interest shouldn’t get reallocated to pay a later tax or penalty. See IRM 184.108.40.206.1.1, Allocation of Payments.
If the actual assessments are different for the restitution module than for the civil module, then to determine how much of the interest payment(s) to cross-reference (after the tax has been paid), a separate interest computation on only the duplicate RBA reported in the memo amount (MMA) will have to be performed first.
MFT 31 (Restitution Module) MFT 30 (Related Civil Module) TC 290 08-03-2015 $8,500.00 TC 300 06-13-2013 $4,500.00 TC 196 08-03-2015 $1,998.52 TC 320 06-13-2013 $3,375.00 TC 670 DPC 26 08-17-2015 $4,000.00 TC 336 06-13-2013 $1,246.85 TC 971 AC 185 MFT 30 MMA $4,500.00 TC 670 07-01-2013 $7,875.00 TC 766 337 07-01-2013 $4,500.00 TC 680 07-01-2013 $1,246.85 TC 766 337 07-01-2013 $712.48 TC 971 AC 184 MFT 31 MMA $4,500.00
Interest on the duplicate RBA of $4,500 is $712.48 computed from 4/15/2009 to 6/13/2013 (payment made within notice grace period). So, only $712.48 can be cross-referenced to the MFT 31 module.
See IRM 5.19.23, Restitution-Based Assessments Processing, for more information.
Beginning in 2014, the Affordable Care Act requires individuals to have qualifying health coverage (called minimum essential coverage), have a coverage exemption (meet one of the exceptions), or make a payment called the shared responsibility payment (SRP). The SRP will be assessed on MFT 35 (File Source 1, Tax Class 2). MFT 35 will post one cycle after the MFT 30 (Form 1040) posts. Interest on any unpaid shared responsibility payments will start on notice and demand date (usually the 23C date. If the taxpayer fully pays the SRP within 21 calendar days, there won’t be any interest charged. See IRM 220.127.116.11, Notice and Demand and Debit Interest, regarding grace period for payments. See IRM 18.104.22.168.13.5, Affordable Care Act (ACA) Overview, for a synopsis of ACA.
Payments or credits from Form 1040 are offset to MFT 35 with TC 896 to pay the SRP assessments. Even though the TC 896 date on MFT 30 is the 23C date, its effective date is the date the payment or credit became available (the later of the return due date or payment date). The TC 796 on MFT 35 shows the correct date. If importing on ACT/DMI, use the payment or credit effective date and not the TC 896 date.
Split spousal assessments for the shared responsibility payment (SRP) are input on MFT 65. See IRM 21.6.8, Individual Tax Returns, Split Spousal Assessments (MFT 31 / MFT 65).
Large employers (generally, employers with at least 50 full-time employees, including full-time equivalents, in the prior calendar year) may be assessed an employers shared responsibility payment (ESRP) under IRC 4980H if they do not offer health insurance to full-time employees and at least one full-time employee obtains a premium tax credit under IRC 36B. IRC 4980H is effective January 1, 2015. However, ESRP will not be assessed for calendar year 2015 on employers with less than 100 full-time employees who meet other requirements for transition relief. ESRP will be assessed on MFT 43. Interest on any unpaid ESRP will start on the notice and demand date (usually the 23C date) instructing the employer on how to make the payment. Employers will not be required to include the employer shared responsibility payment on any tax return they file. If the taxpayer fully pays the ESRP within 21 calendar days, there won’t be any interest charged. See IRM 22.214.171.124, regarding grace period for payments.
ACA 9008 imposes an annual fee on sales of certain branded prescription drugs and ACA 9010 imposes an annual fee on certain health insurance providers. Each fee is based on market share. Both ACA 9008 and 9010 fees must be paid by September 30th and are subject to the large corporate rate, if
The taxpayer is a C-corporation,
The taxpayer has a threshold underpayment of the fee that is more than $100,000 for the taxable period,
The notice and demand is more than $100,000 (not including any interest, penalties, and additions to tax), and
The taxpayer does not fully pay the amount shown as due within 30 days of the notice and demand date.
See IRM 126.96.36.199, Large Corporate Underpayment, for more information.
Qualifying Therapeutic Discovery Program (QTDP) grants received under the Affordable Care Act (ACA) are not includible in gross income. See IRC 48D(f)(3). Likewise, any returns amended due to receiving these grants are not entitled to any special interest-free consideration for underpayments determined to be due.
Neither section 9023 of the ACA, IRC 48D, nor Notice 2010-45 allow for a restriction or abatement of the underpayment interest. To the extent the reduced expense deduction creates an underpayment in 2009 or 2010, or a deficiency if an amended return is not filed, underpayment interest will be charged under IRC 6601. Interest is charged from when the tax was due (generally, the due date for filing the original 2009 or 2010 return, without regard to extensions) to the date paid.
Excess grant money received must be repaid. This can be done by either filing an amended Form 8942, Application for Certification of Qualified Investments Eligible for Credits and Grants Under the Qualifying Therapeutic Discovery Project Program, within 15 days after the close of the applicant’s tax year or reporting it as a recapture by filing Form 4255, Recapture of Investment Credit, when the following year return is filed. Interest is charged from when the tax was due until the date it is paid.
IRC 7804(c) provides for assessments to be made against officers and employees of the Treasury Department who either embezzle or fail to properly handle and account for money received in connection with internal revenue laws. These assessments are handled under NMF procedures. See IRM 188.8.131.52.1, Assessments Under IRC 7804(c), for procedures.
A notice and demand must first be issued for the amount owed before the assessment can be made.
If payment is not made within 30 days from issuance of notice and demand, an assessment can be processed.
Interest is charged at the underpayment rate from the date of embezzlement to the date of full payment.
The first notice includes interest computed from the date of embezzlement to the 23C date of the notice.
If the date of embezzlement is unknown, interest accrues from the date of the first notice.
IRS may resolve an accounting method issue on a time-value-of-money (TVM) basis under Rev. Proc. 2002-18, § 6.02(4). If IRS changes the taxpayer’s method of accounting (from cash to accrual or vice versa) and imposes an IRC 481(a) adjustment, the interest that is assessed for the year of change will be treated as paid to the extent necessary to prevent duplicate payment of the TVM benefit relating to the IRC 481(a) adjustment. Separate computations need to be made for each accounting method. Overpaid tax and interest are treated as a credit only for the purpose of computing underpayment interest. Often a NMF account has to be set up, so that the taxpayer doesn’t overpay. A tax case involving a change in accounting methods may result in tax adjustments for all affected periods as well as carry-back adjustments, all of which are subject to applicable statutory interest law provisions. See Rev. Proc. 2002-18, § 10.04(3) for an example of the interest computation.
IRC 409A(a)(1)(B)(i) imposes additional income taxes that consist of two parts (included on Form 1040Other Taxes as "NQDC" or "409A" amount):
Part one consists of 20% of the deferred compensation required to be included as income, plus
Part two, a premium interest tax consisting of an interest calculation based on the hypothetical underpayment that would have occurred had the deferred compensation been included in gross income for the tax year in which it was first deferred or, if later, the first tax year in which the deferred compensation is not subject to a substantial risk of forfeiture. Interest is computed at the underpayment rate of the year the compensation was originally deferred, plus 1%. ACT/DMI can be modified to add 1% to the underpayment interest rate.
IRC 6167 allows for an extension of time to pay tax attributable to recovery of foreign expropriation losses. The payment of tax may be made in 10 equal installments.
This extension applies to corporations with an IRC 1351 recovery loss of a foreign expropriation.
If the time for payment of tax has been extended under this section, interest on the prorated tax is then paid yearly with the installment. If interest is not paid timely with the installment, then it becomes due when a notice is sent to the taxpayer.
Currently, the installments are due on the 15th of the third month after the ending tax year. Returns for 2016 and subsequent will have installments due on the 15th of the fourth month.
The Deficit Reduction Act of 1984, P.L. 98-369, enacted IRC 1445, which requires the deduction and withholding of tax by the transferee on amounts realized on dispositions of certain U.S. real property interests by a foreign seller.
The withholding agent (transferee) files Form 8288, U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests, and Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests, to report the withheld tax.
The return due date (RDD) is 20 days from the date of transfer or withholding certificate letter date, whichever is later. Since the computer is unable to calculate penalties and interest, they (TC 160, TC 270, TC 340) must be manually computed and assessed. Use a non-restricting TC 340 whenever possible. Compute interest from RDD to full payment date or 23C date (posting date when notice is sent out), whichever is earlier. If the return is timely filed and paid, then input TC 160, TC 270, and TC 340 for zero to prevent an erroneous assessment of penalties and interest.
For additional information, see IRM 184.108.40.206, Form 8288, and Form 8288-A, and IRM 3.22.261.1.1, Form 8288 Background.
All pension benefit plans covered by the Employee Retirement Income Security Act of 1974 (ERISA) must file an annual return/report. Employee benefit plans have unique return due dates and often require interest to be manually computed and assessed. Use a non-restricting TC 340 whenever possible. See IRM 21.5.11, Employee Plan Accounts, for more information.
Form 5330, Return of Excise Taxes Related to Employee Benefit Plans, is used for reporting tax per IRC 4965, IRC 4971, IRC 4972, IRC 4973(a)(3), IRC 4975, IRC 4976, IRC 4977, IRC 4978, IRC 4979, IRC 4979A, IRC 4980, and IRC 4980F. Assessments are made on MFT 76.
The return due date varies depending the code section. The various code sections will have different abstract numbers that will post with the tax.
If there is only one abstract, then a TC 290 with the return due date input as the Interest Computation Date (INT-COMP-DT) will be sufficient.
Multiple abstract assessments with different return due dates will require either interest to be manually computed or the assessments to be cycled with a post delay code. The due date for each abstract is entered in the INT-COMP-DT field (date interest starts).
To ensure only one notice is sent to the taxpayer, Hold Code 2 with a post delay code (PDC) is entered for all but the last assessment. The last assessment will use Hold Code 0.
For accounts with a TC 973 and a -I freeze, interest is restricted from systemically computing and must be manually computed and input with a TC 340. The debit interest to date will be the last 23C date for all the assessments made. If the account doesn’t need to remain restricted, use a non-restricting TC 340.
Interest must also be manually computed if there is an IRC 6601(c) waiver suspension (or sometimes referred to as an 870 waiver date).
See IRM 220.127.116.11, General Form 5330 Processing, for more information.
Form 5500, Annual Return/Report of Employee Benefit Plan, or Form 5500-EZ, Annual Return of One-Participant (Owners and Their Spouses) Retirement Plan, is used for reporting tax per IRC 6058A.
The return is due on the last day of the seventh month after the end of the plan year. Unlike MFT 76 interest always starts on this date, so an interest computation date is not required when making adjustments to MFT 74.
TC 973 doesn’t prohibit systemic interest from posting. If the module has been erroneously restricted, either a non-restrictive TC 340 or a TC 342 with PC 5 can be input to allow systemic interest to post.