(a) Application of adjustment(1) Time for filingA corporation may, after the close of the taxable year and on or before the 15th day of the fourth month thereafter, and before the day on which it files a return for such taxable year, file an application for an adjustment of an overpayment by it of estimated income tax for such taxable year. An application under this subsection shall not constitute a claim for credit or refund.
(2) Form of application, etc.An application under this subsection shall be verified in the manner prescribed by section 6065 in the case of a return of the taxpayer, and shall be filed in the manner and form required by regulations prescribed by the Secretary. The application shall set forth—(A) the estimated income tax paid by the corporation during the taxable year,
(B) the amount which, at the time of filing the application, the corporation estimates as its income tax liability for the taxable year,
(C) the amount of the adjustment, and
(D) such other information for purposes of carrying out the provisions of this section as may be required by such regulations.
(b) Allowance of adjustment(1) Limited examination of applicationWithin a period of 45 days from the date on which an application for an adjustment is filed under subsection (a), the Secretary shall make, to the extent he deems practicable in such period, a limited examination of the application to discover omissions and errors therein, and shall determine the amount of the adjustment upon the basis of the application and the examination; except that the Secretary may disallow, without further action, any application which he finds contains material omissions or errors which he deems cannot be corrected within such 45 days.
(2) Adjustment credited or refundedThe Secretary, within the 45-day period referred to in paragraph (1), may credit the amount of the adjustment against any liability in respect of an internal revenue tax on the part of the corporation and shall refund the remainder to the corporation.
(3) LimitationNo application under this section shall be allowed unless the amount of the adjustment equals or exceeds (A) 10 percent of the amount estimated by the corporation on its application as its income tax liability for the taxable year, and (B) $500.
(4) Effect of adjustmentFor purposes of this title (other than section 6655), any adjustment under this section shall be treated as a reduction, in the estimated income tax paid, made on the day the credit is allowed or the refund is paid.
(c) DefinitionsFor purposes of this section and section 6655(h) (relating to excessive adjustment)—(1) The term “income tax liability” means the excess of—(A) the sum of—(i) the tax imposed by section 11 or subchapter L of chapter 1, whichever is applicable, plus
(ii) the tax imposed by section 55, plus
(iii) the tax imposed by section 59A, over
(B) the credits against tax provided by part IV of subchapter A of chapter 1.
(2) The amount of an adjustment under this section is equal to the excess of—(A) the estimated income tax paid by the corporation during the taxable year, over
(B) the amount which, at the time of filing the application, the corporation estimates as its income tax liability for the taxable year.
(d) Consolidated returnsIf the corporation seeking an adjustment under this section paid its estimated income tax on a consolidated basis or expects to make a consolidated return for the taxable year, this section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.
Structure US Code
Title 26— INTERNAL REVENUE CODE
Subtitle F— Procedure and Administration
CHAPTER 65— ABATEMENTS, CREDITS, AND REFUNDS
Subchapter B— Rules of Special Application
§ 6411. Tentative carryback and refund adjustments
§ 6413. Special rules applicable to certain employment taxes
§ 6415. Credits or refunds to persons who collected certain taxes
§ 6416. Certain taxes on sales and services
§ 6417. Elective payment of applicable credits
§ 6418. Transfer of certain credits
§ 6419. Excise tax on wagering
§ 6420. Gasoline used on farms
§ 6423. Conditions to allowance in the case of alcohol and tobacco taxes
§ 6425. Adjustment of overpayment of estimated income tax by corporation
§ 6426. Credit for alcohol fuel, biodiesel, and alternative fuel mixtures
§ 6427. Fuels not used for taxable purposes
§ 6428. 2020 recovery rebates for individuals
§ 6428A. Additional 2020 recovery rebates for individuals
§ 6428B. 2021 recovery rebates to individuals
§ 6430. Treatment of tax imposed at Leaking Underground Storage Tank Trust Fund financing rate