Treasury Regulations (26 C.F.R.)

26 CFR § 301.6402-4

Payments in excess of amounts shown on return.

Official textecfr.govlast amended

# (a)

If the IRS determines that the payments by the taxpayer that are made within the period prescribed for payment and before the filing of the return exceed the amount of tax shown on the return (for example, excessive estimated income tax payments or excessive withholding), the IRS may credit or refund such overpayment without awaiting examination of the completed return and without awaiting the filing of a claim for refund. The provisions of §§ 301.6402-2 and 301.6402-3 are applicable to such overpayment, and taxpayers should submit claims for refund (if the income tax return is not itself a claim for refund, as provided in § 301.6402-3) to protect themselves in the event the IRS fails to make such determination and credit or refund. The provisions of section 6405 (relating to reports of refunds in excess of the statutorily prescribed threshold referral amount to the Joint Committee on Taxation) do not apply to the overpayments described in this section.

# (b) Effective/applicability date.

The rules of this section apply to payments made on or after July 24, 2015.

[T.D. 9727, 80 FR 43951, July 24, 2015]

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In this part (40 sections)
  1. 301.6361-3 · Transfers to States.
  2. 301.6361-4 · Definitions.
  3. 301.6361-5 · Effective date of section 6361.
  4. 301.6362-1 · Types of qualified tax.
  5. 301.6362-2 · Qualified resident tax based on taxable income.
  6. 301.6362-3 · Qualified resident tax which is a percentage of Federal…
  7. 301.6362-4 · Rules for adjustments relating to qualified resident taxes.
  8. 301.6362-5 · Qualified nonresident tax.
  9. 301.6362-6 · Requirements relating to residence.
  10. 301.6362-7 · Additional requirements.
  11. 301.6363-1 · State agreements.
  12. 301.6363-2 · Withdrawal from State agreements.
  13. 301.6363-3 · Transition years.
  14. 301.6363-4 · Judicial review.
  15. 301.6365-1 · Definitions.
  16. 301.6365-2 · Commencement and cessation of applicability of subchapter…
  17. 301.6401-1 · Amounts treated as overpayments.
  18. 301.6402-1 · Authority to make credits or refunds.
  19. 301.6402-2 · Claims for credit or refund.
  20. 301.6402-3 · Special rules applicable to income tax.
  21. 301.6402-4 · Payments in excess of amounts shown on return.
  22. 301.6402-5 · Offset of past-due support against overpayment.
  23. 301.6402-6 · Offset of past-due, legally enforceable debt against…
  24. 301.6402-7 · Claims for refund and applications for tentative carryback…
  25. 301.6403-1 · Overpayment of installment.
  26. 301.6404-0 · Table of contents.
  27. 301.6404-1 · Abatements.
  28. 301.6404-2 · Abatement of interest.
  29. 301.6404-3 · Abatement of penalty or addition to tax attributable to…
  30. 301.6404-4 · Suspension of interest and certain penalties when the…
  31. 301.6405-1 · Reports of refunds and credits.
  32. 301.6407-1 · Date of allowance of refund or credit.
  33. 301.6411-1 · Tentative carryback adjustments.
  34. 301.6413-1 · Special rules applicable to certain employment taxes.
  35. 301.6414-1 · Income tax withheld.
  36. 301.6425-1 · Adjustment of overpayment of estimated income tax by…
  37. 301.6501(a)-1 · (a)-1 Period of limitations upon assessment and…
  38. 301.6501(b)-1 · (b)-1 Time return deemed filed for purposes of…
  39. 301.6501(c)-1 · (c)-1 Exceptions to general period of limitations on…
  40. 301.6501(d)-1 · (d)-1 Request for prompt assessment.
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