Treasury Regulations (26 C.F.R.)
26 CFR § 301.6511(b)-1
Limitations on allowance of credits and refunds.
# (a) Effect of filing claim.
Unless a claim for credit or refund of an overpayment is filed within the period of limitation prescribed in section 6511(a), no credit or refund shall be allowed or made after the expiration of such period.
# (b) Limit on amount to be credited or refunded.
(1) In the case of any tax (other than a tax payable by stamp):
(i) If a return was filed, and a claim is filed within 3 years from the time the return was filed, the amount of the credit or refund shall not exceed the portion of the tax paid within the period, immediately preceding the filing of the claim, equal to 3 years plus the period of any extension of time for filing the return.
(ii) If a return was filed, and a claim is filed after the 3-year period described in subdivision (i) of this subparagraph but within 2 years from the time the tax was paid, the amount of the credit or refund shall not exceed the portion of the tax paid within the 2 years immediately preceding the filing of the claim.
(iii) If no return was filed, but a claim is filed, the amount of the credit or refund shall not exceed the portion of the tax paid within the 2 years immediately preceding the filing of the claim.
(iv) If no claim is filed, the amount of the credit or refund allowed or made by the district director or the director of the regional service center shall not exceed the amount that would have been allowable under the preceding subdivisions of this subparagraph if a claim had been filed on the date the credit or refund is allowed.
(2) In the case of a tax payable by stamp:
(i) If a claim is filed, the amount of the credit or refund shall not exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim.
(ii) If no claim is filed, the amount of the credit or refund allowed or made by the district director or the director of the regional service center shall not exceed the portion of the tax paid within the 3 years immediately preceding the allowance of the credit or refund.
Source: view the official text
In this part (40 sections)
- 301.6501(e)-1 · Omission from return.
- 301.6501(f)-1 · Personal holding company tax.
- 301.6501(g)-1 · Certain income tax returns of corporations.
- 301.6501(h)-1 · Net operating loss or capital loss carrybacks.
- 301.6501(i)-1 · Foreign tax carrybacks; taxable years beginning after…
- 301.6501(j)-1 · Investment credit carryback; taxable years ending after…
- 301.6501(m)-1 · Tentative carryback adjustment assessment period.
- 301.6501(n)-1 · Special rules for chapter 42 and similar taxes.
- 301.6501(n)-2 · Certain contributions to section 501(c)(3)…
- 301.6501(n)-3 · Certain set-asides described in section 4942(g)(2).
- 301.6502-1 · Collection after assessment.
- 301.6503(a)-1 · Suspension of running of period of limitation; issuance…
- 301.6503(b)-1 · Suspension of running of period of limitation; assets…
- 301.6503(c)-1 · Suspension of running of period of limitation; location…
- 301.6503(d)-1 · Suspension of running of period of limitation;…
- 301.6503(e)-1 · Suspension of running of period of limitation; certain…
- 301.6503(f)-1 · Suspension of running of period of limitation; wrongful…
- 301.6503(g)-1 · Suspension pending correction.
- 301.6503(j)-1 · Suspension of running of period of limitations;…
- 301.6511(a)-1 · Period of limitation on filing claim.
- 301.6511(b)-1 · Limitations on allowance of credits and refunds.
- 301.6511(c)-1 · Special rules applicable in case of extension of time…
- 301.6511(d)-1 · Overpayment of income tax on account of bad debts,…
- 301.6511(d)-2 · Overpayment of income tax on account of net operating…
- 301.6511(d)-3 · Special rules applicable to credit against income tax…
- 301.6511(d)-4 · Overpayment of income tax on account of investment…
- 301.6511(e)-1 · Special rules applicable to manufactured sugar.
- 301.6511(f)-1 · Special rules for chapter 42 taxes.
- 301.6512-1 · Limitations in case of petition to Tax Court.
- 301.6513-1 · Time return deemed filed and tax considered paid.
- 301.6514(a)-1 · Credits or refunds after period of limitation.
- 301.6514(b)-1 · Credit against barred liability.
- 301.6521-1 · Mitigation of effect of limitation in case of related…
- 301.6521-2 · Law applicable in determination of error.
- 301.6532-1 · Periods of limitation on suits by taxpayers.
- 301.6532-2 · Periods of limitation on suits by the United States.
- 301.6532-3 · Periods of limitation on suits by persons other than…
- 301.6601-1 · Interest on underpayments.
- 301.6602-1 · Interest on erroneous refund recoverable by suit.
- 301.6611-1 · Interest on overpayments.