Editorial Notes
Amendments
2022—Subsec. (e)(2)(A)(i). Pub. L. 117–169, § 10101(a)(4)(G), inserted “, adjusted financial statement income (as defined in section 56A),” before “and modified taxable income” in introductory provisions.
Subsec. (e)(2)(B)(i). Pub. L. 117–169, § 10101(a)(4)(G), inserted “, adjusted financial statement income (as defined in section 56A),” before “and modified taxable income”.
Subsec. (g)(1)(A)(ii) to (iv). Pub. L. 117–169, § 10101(a)(4)(H), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
2018—Subsec. (e)(4). Pub. L. 115–141, § 401(d)(1)(D)(xx)(II), struck out “and section 936” after “subpart F” in heading.
Subsec. (e)(4)(A). Pub. L. 115–141, § 401(d)(1)(D)(xx)(I), struck out “936(h) or” before “951(a)”.
2017—Subsec. (e)(2)(A)(i). Pub. L. 115–97, § 14401(d)(4)(B), inserted “and modified taxable income” after “taxable income” in introductory provisions.
Pub. L. 115–97, § 12001(b)(18), struck out “and alternative minimum taxable income” after “taxable income” in introductory provisions.
Subsec. (e)(2)(B)(i). Pub. L. 115–97, § 14401(d)(4)(B), inserted “and modified taxable income” after “taxable income”.
Pub. L. 115–97, § 12001(b)(18), struck out “and alternative minimum taxable income” after “taxable income”.
Subsec. (e)(2)(B)(iii). Pub. L. 115–97, § 14401(d)(4)(C), added cl. (iii).
Subsec. (g)(1)(A)(i). Pub. L. 115–97, § 14401(d)(4)(A), struck out “plus” at end.
Pub. L. 115–97, § 13001(b)(2)(P), struck out “or 1201(a),” after “section 11”.
Pub. L. 115–97, § 12001(b)(19), inserted “plus” at end.
Subsec. (g)(1)(A)(ii). Pub. L. 115–97, § 14401(d)(4)(A), added cl. (ii). Former cl. (ii) redesignated (iii).
Pub. L. 115–97, § 12001(b)(19), redesignated cl. (iii) as (ii) and struck out former cl. (ii) which read as follows: “the tax imposed by section 55, plus”.
Subsec. (g)(1)(A)(iii). Pub. L. 115–97, § 14401(d)(4)(A), redesignated cl. (ii) as (iii).
Pub. L. 115–97, § 12001(b)(19), redesignated cl. (iii) as (ii).
2015—Subsecs. (b)(2)(A), (g)(3). Pub. L. 114–41, § 2006(a)(2)(F), substituted “4th month” for “3rd month”.
Subsec. (g)(4)(E), (F). Pub. L. 114–41, § 2006(a)(2)(G), added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (h)(1). Pub. L. 114–41, § 2006(a)(2)(F), substituted “4th month” for “3rd month”.
2014—Subsec. (e)(2)(A)(i), (B)(i). Pub. L. 113–295, § 221(a)(12)(K)(i), substituted “taxable income and alternative minimum taxable income” for “taxable income, alternative minimum taxable income, and modified alternative minimum taxable income”.
Subsec. (e)(2)(B)(iii). Pub. L. 113–295, § 221(a)(12)(K)(ii), struck out cl. (iii). Text read as follows: “The term ‘modified alternative minimum taxable income’ has the meaning given to such term by section 59A(b).”
Subsec. (g)(1)(A)(ii) to (iv). Pub. L. 113–295, § 221(a)(12)(K)(iii), inserted “plus” at end of cl. (ii), redesignated cl. (iv) as (iii), and struck out former cl. (iii) which read as follows: “the tax imposed by section 59A, plus”.
Subsec. (g)(4)(A)(i). Pub. L. 113–295, § 221(a)(114), struck out “(or the corresponding provisions of prior law)” before period at end.
2000—Subsec. (e)(5)(A), (B). Pub. L. 106–554 substituted “subsection (d)(5)” for “subsections (d)(5) and (l)(3)(B)”.
1999—Subsec. (e)(5). Pub. L. 106–170 added par. (5).
1997—Subsec. (g)(3). Pub. L. 105–34 inserted at end “In the case of a private foundation, subsection (c)(2) shall be applied by substituting ‘May 15’ for ‘April 15’.”
1996—Subsec. (g)(3). Pub. L. 104–188, § 1703(h), in closing provisions, substituted “, subsection (e)(2)(A) shall be applied by substituting ‘2 months’ for ‘3 months’ in clause (i)(I), the election under clause (i) of subsection (e)(2)(C) may be made separately for each installment, and clause (ii) of subsection (e)(2)(C) shall not apply.” for “, and, except in the case of an election under subsection (e)(2)(C), subsection (e)(2)(A) shall be applied by substituting ‘2 months’ for ‘3 months’ and in clause (i)(I), by substituting ‘4 months’ for ‘5 months’ in clause (i)(II), by substituting ‘7 months’ for ‘8 months’ in clause (i)(III), and by substituting ‘10 months’ for ‘11 months’ in clause (i)(IV).”
1994—Subsec. (e)(4). Pub. L. 103–465 added par. (4).
1993—Subsec. (d)(1)(B)(i). Pub. L. 103–66, § 13225(a)(1), substituted “100 percent” for “91 percent” in two places.
Subsec. (d)(2). Pub. L. 103–66, § 13225(a)(2)(A)(ii), substituted “100 percent” for “91 percent” in heading.
Subsec. (d)(3). Pub. L. 103–66, § 13225(a)(2)(A)(i), struck out heading and text of par. (3). Text read as follows: “In the case of any taxable year beginning after June 30, 1992, and before 1997—
“(A) paragraph (1)(B)(i) and subsection (e)(3)(A)(i) shall be applied by substituting ‘97 percent’ for ‘91 percent’ each place it appears, and
“(B) the table contained in subsection (e)(2)(B)(ii) shall be applied by substituting ‘24.25’, ‘48.50’, ‘72.75’, and ‘97’ for ‘22.75’, ‘45.50’, ‘68.25’, and ‘91.00’, respectively.”
Subsec. (e)(2)(A)(i)(II). Pub. L. 103–66, § 13225(b)(1)(A), struck out “or for the first 5 months” after “3 months”.
Subsec. (e)(2)(A)(i)(III). Pub. L. 103–66, § 13225(b)(1)(B), struck out “or for the first 8 months” after “6 months”.
Subsec. (e)(2)(A)(i)(IV). Pub. L. 103–66, § 13225(b)(1)(C), struck out “or for the first 11 months” after “9 months”.
Subsec. (e)(2)(B)(ii). Pub. L. 103–66, § 13225(a)(2)(B), in table, substituted applicable percentages of 25, 50, 75, and 100 for 22.75, 45.50, 68.25, and 91.00, respectively, in 1st, 2nd, 3rd, and 4th installments.
Subsec. (e)(2)(C). Pub. L. 103–66, § 13225(b)(2), added subpar. (C).
Subsec. (e)(3)(A)(i). Pub. L. 103–66, § 13225(a)(2)(C), substituted “100 percent” for “91 percent”.
Subsec. (g)(3). Pub. L. 103–66, § 13225(b)(3), substituted “and, except in the case of an election under subsection (e)(2)(C), subsection (e)(2)(A)” for “and subsection (e)(2)(A)” in last sentence.
1992—Subsec. (d)(1)(B)(i). Pub. L. 102–318, § 512(a)(1), substituted “91 percent” for “90 percent” in two places.
Subsec. (d)(2). Pub. L. 102–318, § 512(a)(2), substituted “91 percent” for “90 percent” in heading.
Subsec. (d)(3). Pub. L. 102–318, § 512(a)(3), added par. (3) and struck out former par. (3) which related to temporary increase in amount of installment method based on current tax year for taxable years beginning after 1991 and before 1997.
Subsec. (d)(3)(A). Pub. L. 102–244, amended table generally, substituting a single entry “1993 through 1996 . . . . . 95” for former arrangement under which years after 1992 were covered by two table entries: “1993 or 1994 . . . . . 94” and “1995 or 1996 . . . . . 95”.
Subsec. (e)(2)(B)(ii). Pub. L. 102–318, § 512(b)(1), in table, substituted applicable percentages of 22.75, 45.50, 68.25, and 91.00 for 22.5, 45, 67.5, and 90, respectively, in 1st, 2nd, 3rd and 4th installments.
Subsec. (e)(3)(A)(i). Pub. L. 102–318, § 512(b)(2), substituted “91 percent” for “90 percent”.
1991—Subsec. (d)(3). Pub. L. 102–227, § 201(a), added par. (3).
Subsec. (e)(1). Pub. L. 102–227, § 201(b), substituted “paragraphs (2) and (3) of subsection (d)” for “subsection (d)(2)”.
1990—Subsec. (g)(3). Pub. L. 101–508 inserted a period at end of last sentence.
1989—Subsec. (e)(1). Pub. L. 101–239, § 7822(a), substituted “under subsection (d)(1)” for “under section (d)(1)”.
Subsec. (g)(4). Pub. L. 101–239, § 7209(a), added par. (4).
1988—Subsec. (e)(1). Pub. L. 100–647, § 5001(a), struck out at end “A reduction shall be treated as recaptured for purposes of subparagraph (B) if 90 percent of the reduction is recaptured.”
Subsec. (g)(1)(B). Pub. L. 100–418 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the sum of—
“(i) the credits against tax provided by part IV of subchapter A of chapter 1, plus
“(ii) to the extent allowed under regulations prescribed by the Secretary, any overpayment of the tax imposed by section 4986 (determined without regard to section 4995(a)(4)(B)).”
Subsec. (g)(3). Pub. L. 100–647, § 2004(r), inserted last sentence, and struck out former last sentence which read as follows: “In the case of any organization described in subparagraph (A), subsection (b)(2)(A) shall be applied by substituting ‘5th month’ for ‘3rd month’.”
1987—Pub. L. 100–203 amended section generally, revising and restating as subsecs. (a) to (j) provisions of former subsecs. (a) to (i).
1986—Subsec. (a)(1). Pub. L. 99–514, § 1511(c)(15), substituted “the underpayment rate established under section 6621” for “the rate established under section 6621”.
Subsec. (f)(1). Pub. L. 99–514, § 701(d)(3), amended par. (1) generally, restating existing provisions in subpar. (A) and adding subpar. (B).
Pub. L. 99–499 amended subsec. (f)(1), as amended by the Tax Reform Act of 1986 (Pub. L. 99–514), by striking out “plus” at end of subpar. (A), substituting “plus” for “over” at end of subpar. (B), and adding subpar. (C).
1983—Subsec. (f)(2)(B). Pub. L. 97–448 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “to the extent allowed under regulations prescribed by the Secretary, any amount which is treated under section 6429 as an overpayment of the tax imposed by section 4986”. Notwithstanding directory language that amendment be made to subsec. (e)(2)(B), the amendment was executed to subsec. (f)(2)(B) to reflect the probable intent of Congress, the intervening redesignation of subsec. (e) as (f) by Pub. L. 97–248, and the retrospective effect of the amendment as provided by section 203(a), (b) of Pub. L. 97–448, set out as an Effective Date of 1983 Amendment note under section 4988 of this title.
1982—Subsec. (a). Pub. L. 97–248, § 234(c), in heading substituted “Addition to tax” for “Addition to the tax”, in provisions preceding par. (1) inserted reference to subsec. (e) as an exception and struck out “estimated” before “tax”, designated existing provisions as par. (1), and in par. (1) as so designated struck out parenthetical reference to subsecs. (b) and (c) for determination of the amount of the underpayment and the period of the underpayment, respectively, and added par. (2).
Subsec. (b)(1). Pub. L. 97–248, § 234(a)(1), substituted “90” for “80” wherever appearing.
Subsec. (d)(3)(A). Pub. L. 97–248, § 234(a)(2), substituted “90” for “80”.
Subsec. (e). Pub. L. 97–248, § 234(d)(1), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 97–248, § 234(d), redesignated former subsec. (e) as (f) and substituted references to subsecs. (e) and (i) for references to subsec. (h). Former subsec. (f) redesignated (g).
Subsecs. (g) to (i). Pub. L. 97–248, § 234(d)(1), redesignated former subsecs. (f) to (h) as (g) to (i), respectively.
1981—Subsec. (e)(2). Pub. L. 97–34, § 601(a)(6)(B), inserted “the sum of—”, designated existing provisions as subpar. (A), inserted at end of subpar. (A) “, plus”, and added subpar. (B).
Subsec. (h). Pub. L. 97–34, § 731(a), (b), substituted in heading “minimum percentage” for “at least 60 percent” and provisions of par. (1) respecting minimum percentage, for provisions respecting in the case of a large corporation, the amount treated as the estimated tax for the taxable year under paragraphs (1) and (2) of subsection (d) shall in no event be less than 60 percent of the tax shown on the return for the taxable year, or if no return was filed, the tax for such year.
1980—Subsec. (e). Pub. L. 96–499, § 1111(b), substituted “subsections (b), (d), and (h)” for “subsections (b) and (d)”.
Subsec. (h). Pub. L. 96–499, § 1111(a), added subsec. (h).
1978—Subsec. (e). Pub. L. 95–600 struck out provisions relating to the corporation’s temporary estimated tax exemption.
1976—Subsec. (e)(1)(B). Pub. L. 94–455, § 1906(b)(3)(A), struck out in cl. (ii) “after December 31, 1967, and” after “taxable year beginning” and struck out cl. (iii) which related to the case of a taxable year beginning after Dec. 31, 1967, and before Jan. 1, 1972, the amount of the corporation’s transitional exemption for such year.
Subsec. (e)(2)(B). Pub. L. 94–455, § 1906(b)(3)(B), substituted “clause (ii)” for “clauses (ii) and (iii)”.
Subsec. (e)(3), (4). Pub. L. 94–455, § 1906(b)(3)(C)(i), redesignated par. (4) as (3). Former par. (3), which related to the computation of a corporation’s transitional exemption, was struck out.
Subsec. (f). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
1975—Subsecs. (a), (g)(1). Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”.
1968—Subsec. (b)(1). Pub. L. 90–364, § 103(c)(1), substituted “80 percent” for “70 percent”.
Subsec. (d)(1). Pub. L. 90–364, § 103(e)(1), struck out “reduced by $100,000” after “The tax shown on the return of the corporation for the preceding taxable year”.
Subsec. (d)(3)(A). Pub. L. 90–364, § 103(c)(1), substituted “80 percent” for “70 percent”.
Subsec. (e). Pub. L. 90–364, § 103(c)(2), designated existing provisions as par. (1) under a heading “In general”, in such redesignated par. (1) substituted “For purposes of subsections (b) and (d)” for “For purposes of subsections (b), (d)(2), and (d)(3)” in introductory text, redesignated as subpar. (A) former par. (1) and as subpar. (B) former par. (2), struck out reference to $100,000 as one factor in the sum required for redesignated subpar. (B) and added cls. (ii) and (iii), and added pars. (2), (3), and (4) under headings “Temporary estimated tax exemption”, “Transitional exemption”, and “Special rule for subsection (d)(1) and (2)” respectively.
Subsec. (g). Pub. L. 90–364, § 103(d)(2), added subsec. (g).
1964—Subsec. (c)(2). Pub. L. 88–272, § 122(c)(1), substituted “any installment date” and “such installment date” for “the 15th day of the 12th month”.
Subsec. (d)(3). Pub. L. 88–272, § 122(c)(2), redesignated cls. (A)(i) and (ii) as (A)(iii) and (iv), respectively, added cls. (A)(i) and (ii), and substituted “(3, 5, 6, 8, 9,)” for “(6 or 8, or 9)” in subpar. (B)(ii).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by section 12001(b)(18), (19) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 12001(c) of Pub. L. 115–97, set out as a note under section 11 of this title.
Amendment by section 13001(b)(2)(P) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 13001(c)(1) of Pub. L. 115–97, set out as a note under section 11 of this title.
Amendment by section 14401(d)(4)(A) of Pub. L. 115–97 applicable to base erosion payments (as defined in section 59A(d) of this title) paid or accrued in taxable years beginning after Dec. 31, 2017, see section 14401(e) of Pub. L. 115–97, set out as a note under section 26 of this title.
Effective Date of 1997 Amendment
Pub. L. 105–34, title XIV, § 1461(b), Aug. 5, 1997, 111 Stat. 1057, provided that:
“The amendment made by subsection (a) [amending this section] shall apply for purposes of determining
underpayments of estimated
tax for taxable years beginning after the date of the enactment of this Act [
Aug. 5, 1997].”
Effective Date of 1992 Amendments
Pub. L. 102–318, title V, § 512(c), July 3, 1992, 106 Stat. 300, provided that:
“The amendments made by this section [amending this section] shall apply to taxable years beginning after June 30, 1992.”
Pub. L. 102–244, § 3(b), Feb. 7, 1992, 106 Stat. 4, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1992.”
Effective Date of 1989 Amendment
Pub. L. 101–239, title VII, § 7209(b), Dec. 19, 1989, 103 Stat. 2339, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1989.”
Amendment by section 7822(a) of Pub. L. 101–239 effective as if included in the provision of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 7823 of Pub. L. 101–239, set out as a note under section 26 of this title.
Effective Date of 1988 Amendments
Amendment by section 2004(r) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 2004(u) of Pub. L. 100–647, set out as a note under section 56 of this title.
Pub. L. 100–647, title V, § 5001(b), Nov. 10, 1988, 102 Stat. 3660, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to installments required to be made after December 31, 1988.”
Amendment by Pub. L. 100–418 applicable to crude oil removed from the premises on or after Aug. 23, 1988, see section 1941(c) of Pub. L. 100–418, set out as a note under section 164 of this title.
Effective Date of 1986 Amendments
Amendment by section 701(d)(3) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99–514, set out as an Effective Date note under section 55 of this title.
Amendment by section 1511(c)(15) of Pub. L. 99–514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99–514, set out as a note under section 47 of this title.
Amendment by Pub. L. 99–499 applicable to taxable years beginning after Dec. 31, 1986, see section 516(c) of Pub. L. 99–499, set out as a note under section 26 of this title.
Effective Date of 1982 Amendment
Pub. L. 97–248, title II, § 234(e), Sept. 3, 1982, 96 Stat. 505, provided that:
“The amendments made by this section [amending this section and sections
832,
6081,
6152, and
6164 of this title] shall apply to taxable years beginning after
December 31, 1982.”
Effective Date of 1981 Amendment
Amendment by section 601(a)(6)(B) of Pub. L. 97–34 effective Jan. 1, 1980, see section 601(c)(2) of Pub. L. 97–34, set out as a note under section 6654 of this title.
Pub. L. 97–34, title VII, § 731(c), Aug. 13, 1981, 95 Stat. 347, provided that:
“The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1981.”
Repeal of Certain Shifts in the Timing of Corporate Estimated Tax Payments
Pub. L. 112–96, title VII, § 7001, Feb. 22, 2012, 126 Stat. 256, as amended by Pub. L. 113–295, div. A, title II, § 203(a), Dec. 19, 2014, 128 Stat. 4024, provided that:
“The following provisions of law (and any modification of any such provision which is contained in any other provision of law) shall not apply with respect to any installment of corporate estimated tax:
[Pub. L. 113–295, div. A, title II, § 203(b), Dec. 19, 2014, 128 Stat. 4025, provided that:
“The amendment made by subsection (a) [amending
section 7001 of Pub. L. 112–96, set out above] shall take effect as if included in section 7001 of the Middle Class
Tax Relief and Job Creation Act of 2012 [
Pub. L. 112–96].”
]
Savings Provision
For provisions that nothing in amendment by Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, set out as a note under section 23 of this title.
Payment of Corporate Estimated Taxes
Pub. L. 114–27, title VIII, § 803, June 29, 2015, 129 Stat. 415, which provided for an increase of any required installment of corporate estimated tax due in July, August, or September of 2020 for corporations with assets of not less than $1,000,000,000, and a corresponding reduction of the next required installment, was repealed by Pub. L. 115–123, div. D, title II, § 41118, Feb. 9, 2018, 132 Stat. 162.
Pub. L. 112–163, § 4, Aug. 10, 2012, 126 Stat. 1277, provided that:
“Notwithstanding section 6655 of the Internal Revenue Code of 1986—
“(1)
in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year), the amount of any required installment of corporate estimated
tax which is otherwise due in July, August, or September of 2017 shall be 100.25 percent of such amount; and
“(2)
the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.”
Notwithstanding this section, in the case of a corporation with assets of not less than $1,000,000,000, any required installment of corporate estimated tax due in July, August, or September of 2012 and July, August, or September of 2016 to be increased by 0.25 percent, and the amount of the next required installment thereafter to be appropriately reduced to reflect the amount of the increase, see section 502 of Pub. L. 112–43, set out in a note under section 3805 of Title 19, Customs Duties.
Notwithstanding this section, in the case of a corporation with assets of not less than $1,000,000,000, any required installment of corporate estimated tax otherwise due in July, August, or September of 2016 to be increased by 0.50 percent, and the amount of the next required installment thereafter to be appropriately reduced to reflect the amount of the increase, see section 603 of Pub. L. 112–42, set out in a note under section 3805 of Title 19, Customs Duties.
Notwithstanding this section, in the case of a corporation with assets of not less than $1,000,000,000, any required installment of corporate estimated tax due in July, August, or September of 2012 to be increased by 0.25 percent and any required installment due in July, August, or September of 2016 to be increased by 2.75 percent, and the amount of the next required installment thereafter to be appropriately reduced to reflect the amount of the increase, see section 505 of Pub. L. 112–41, set out in a note under section 3805 of Title 19, Customs Duties.
Pub. L. 109–222, title IV, § 401, May 17, 2006, 120 Stat. 353, as amended by Pub. L. 110–28, title VIII, § 8248, May 25, 2007, 121 Stat. 204; Pub. L. 110–42, § 4, June 30, 2007, 121 Stat. 236; Pub. L. 110–52, § 3, Aug. 1, 2007, 121 Stat. 264; Pub. L. 110–89, § 2(a), Sept. 28, 2007, 121 Stat. 982; Pub. L. 110–138, title VI, § 602, Dec. 14, 2007, 121 Stat. 1490; Pub. L. 110–289, div. C, title III, § 3094(a), July 30, 2008, 122 Stat. 2912, provided that:
“Notwithstanding section 6655 of the Internal Revenue Code of 1986—
“(1) in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)—
“(A)
the amount of any required installment of corporate estimated
tax which is otherwise due in July, August, or September of 2006 shall be 105 percent of such amount,
“(B)
the amount of any required installment of corporate estimated
tax which is otherwise due in July, August, or September of 2012 shall be 100 percent of such amount,
“(C)
the amount of any required installment of corporate estimated
tax which is otherwise due in July, August, or September of 2013 shall be 100.75 percent of such amount, and
“(D)
the amount of the next required installment after an installment referred to in subparagraph (A), (B), or (C) shall be appropriately reduced to reflect the amount of the increase by reason of such subparagraph,
“(2)
20.5 percent of the amount of any required installment of corporate estimated
tax which is otherwise due in September 2010 shall not be due until
October 1, 2010, and
“(3)
27.5 percent of the amount of any required installment of corporate estimated
tax which is otherwise due in September 2011 shall not be due until
October 1, 2011.”
[Pub. L. 111–42, title II, § 202, July 28, 2009, 123 Stat. 1964, provided that:
[“(a) Repeal of Adjustments for 2010, 2011, and 2013.—Section 401 of the Tax Increase Prevention and Reconciliation Act of 2005 [Pub. L. 109–222, set out above] (and any modification of such section contained in any other provision of law) shall not apply with respect to any installment of corporate estimated tax which (without regard to such section) would otherwise be due after December 31, 2009.
[“(b) Adjustment for 2014.—Notwithstanding section 6655 of the Internal Revenue Code of 1986—
[“(1) in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year), the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2014 shall be 100.25 percent of such amount; and
[“(2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.”]
[Section 202(b) of Pub. L. 111–42, set out above, and any modification of such provision, not applicable with respect to any installment of corporate income tax, see section 7001 of Pub. L. 112–96, set out as a note above.]
[Pub. L. 111–171, § 12(a), May 24, 2010, 124 Stat. 1207, provided that:
“The percentage under paragraph (1) of section 202(b) of the
Corporate Estimated Tax Shift Act of 2009 [
Pub. L. 111–42, set out above] in effect on the date of the enactment of this Act [
May 24, 2010] is increased by 0.75 percentage points.”
]
[Pub. L. 111–152, title I, § 1410, Mar. 30, 2010, 124 Stat. 1070, provided that:
“The percentage under paragraph (1) of section 202(b) of the
Corporate Estimated Tax Shift Act of 2009 [
Pub. L. 111–42, set out above] in effect on the date of the enactment of this Act [
Mar. 30, 2010] is increased by 15.75 percentage points.”
]
[Pub. L. 111–147, title V, § 561, Mar. 18, 2010, 124 Stat. 117, provided that:
“Notwithstanding section 6655 of the Internal Revenue Code of 1986, in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)—
[“(1) the percentage under paragraph (1) of section 202(b) of the Corporate Estimated Tax Shift Act of 2009 [Pub. L. 111–42, set out above] in effect on the date of the enactment of this Act [Mar. 18, 2010] is increased by 23 percentage points,
[“(2) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2015 shall be 121.5 percent of such amount,
[“(3) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2019 shall be 106.5 percent of such amount, and
[“(4) the amount of the next required installment after an installment referred to in paragraph (2) or (3) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph.”
]
[Section 561 of Pub. L. 111–147, set out above, and any modification of such provision, not applicable with respect to any installment of corporate income tax, see section 7001 of Pub. L. 112–96, set out as a note above.]
[Pub. L. 111–344, title III, § 302, Dec. 29, 2010, 124 Stat. 3617, provided that:
“The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act [
Pub. L. 111–147, set out above] in effect on the date of the enactment of this Act [
Dec. 29, 2010] is increased by 4.5 percentage points.”
]
[Pub. L. 111–240, title II, § 2131, Sept. 27, 2010, 124 Stat. 2568, provided that:
“The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act [
Pub. L. 111–147, set out above] in effect on the date of the enactment of this Act [
Sept. 27, 2010] is increased by 36 percentage points.”
]
[Pub. L. 111–237, § 4(a), Aug. 16, 2010, 124 Stat. 2498, provided that:
“The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act [
Pub. L. 111–147, set out above] in effect on the date of the enactment of this Act [
Aug. 16, 2010] is increased by 0.25 percentage points.”
]
[Pub. L. 111–227, title IV, § 4002, Aug. 11, 2010, 124 Stat. 2480, provided that:
“The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act [
Pub. L. 111–147, set out above] in effect on the date of the enactment of this Act [
Aug. 11, 2010] is increased by 0.5 percentage points.”
]
[Pub. L. 111–210, § 3, July 27, 2010, 124 Stat. 2256, provided that:
“The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act [
Pub. L. 111–147, set out above] in effect on the date of the enactment of this Act [
July 27, 2010] is increased by 0.25 percentage points.”
]
[Pub. L. 111–171, § 12(b), May 24, 2010, 124 Stat. 1207, provided that:
“The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act [
Pub. L. 111–147, set out above] in effect on the date of the enactment of this Act [
May 24, 2010] is increased by 0.75 percentage points.”
]
[Pub. L. 111–124, § 4, Dec. 28, 2009, 123 Stat. 3485, provided that:
“The percentage under paragraph (1) of section 202(b) of the
Corporate Estimated Tax Shift Act of 2009 [
Pub. L. 111–42, set out above] in effect on the date of the enactment of this Act [
Dec. 28, 2009] is increased by 1.5 percentage points.”
]
[Pub. L. 111–92, § 18, Nov. 6, 2009, 123 Stat. 2997, provided that:
“The percentage under paragraph (1) of section 202(b) of the
Corporate Estimated Tax Shift Act of 2009 [
Pub. L. 111–42, set out above] in effect on the date of the enactment of this Act [
Nov. 6, 2009] is increased by 33.0 percentage points.”
]
[Pub. L. 111–3, title VII, § 704, Feb. 4, 2009, 123 Stat. 111, provided that:
“The percentage under subparagraph (C) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
Feb. 4, 2009] is increased by 0.5 percentage point.”
]
[Pub. L. 110–436, § 6, Oct. 16, 2008, 122 Stat. 4981, provided that:
“The percentage under subparagraph (C) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
Oct. 16, 2008] is increased by 2 percentage points.”
]
[Pub. L. 110–289, div. C, title III, § 3094(a), July 30, 2008, 122 Stat. 2912, provided that:
“Subparagraph (B) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] is amended by striking the percentage contained therein and inserting ‘100 percent’. No other provision of law which would change such percentage shall have any force and effect.”
]
[Pub. L. 110–289, div. C, title III, § 3094(b), July 30, 2008, 122 Stat. 2913, provided that:
“The percentage under subparagraph (C) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
July 30, 2008] is increased by 16.75 percentage points.”
]
[Pub. L. 110–287, § 3, July 29, 2008, 122 Stat. 2649, provided that:
“The percentage under subparagraph (C) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
July 29, 2008] is increased by 0.25 percentage points.”
]
[Pub. L. 110–234, title XV, § 15202, May 22, 2008, 122 Stat. 1500, and Pub. L. 110–246, § 4(a), title XV, § 15202, June 18, 2008, 122 Stat. 1664, 2262, provided that:
“The percentage under subparagraph (B) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
June 18, 2008] is increased by 7.75 percentage points.”
and
Pub. L. 110–246 enacted identical provisions.
Pub. L. 110–234 was repealed by
section 4(a) of Pub. L. 110–246, set out as a note under
section 8701 of Title 7, Agriculture.]
[Pub. L. 110–191, § 4, Feb. 29, 2008, 122 Stat. 647, provided that:
“The percentage under subparagraph (C) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
Feb. 29, 2008] is increased by 0.25 percentage points.”
]
[Pub. L. 110–142, § 10, Dec. 20, 2007, 121 Stat. 1808, provided that:
“The percentage under subparagraph (B) of section 401(1) of the
Tax Increase Prevention and Reconciliation Act of 2005 [
Pub. L. 109–222, set out above] in effect on the date of the enactment of this Act [
Dec. 20, 2007] is increased by 1.50 percentage points.”
]
[Pub. L. 110–138, title I, § 107(a), (c), title VI, § 602, Dec. 14, 2007, 121 Stat. 1459, 1490, which directed amendment of section 401(1)(B) of Pub. L. 109–222, set out above, by striking “115 percent” and inserting “115.75 percent” effective on the date on which the United States-Peru Trade Promotion Agreement entered into force (Feb. 1, 2009) and ceasing to have effect on the date on which the Agreement terminates, could not be executed in view of the subsequent amendment by Pub. L. 110–289, § 3094(a), which was effective July 30, 2008.]
Time for Payment of September 2001 and September 2004 Corporate Estimated Taxes
Pub. L. 107–16, title VIII, § 801, June 7, 2001, 115 Stat. 148, provided that:
“Notwithstanding section 6655 of the Internal Revenue Code of 1986—
“(1)
100 percent of the amount of any required installment of corporate estimated
tax which is otherwise due in September 2001 shall not be due until
October 1, 2001; and
“(2)
20 percent of the amount of any required installment of corporate estimated
tax which is otherwise due in September 2004 shall not be due until
October 1, 2004.”
Waiver of Estimated Tax Penalties for 1998 Underpayments
No addition to tax to be made under this section with respect to any underpayment of an installment required to be paid on or before the 30th day after July 22, 1998, to the extent such underpayment was created or increased by any provision of Pub. L. 105–206, see section 1(c) of Pub. L. 105–206, set out as a note under section 6654 of this title.
No addition to tax to be made under this section for any period before Jan. 1, 1998, for any payment the due date of which is before Jan. 16, 1998, with respect to any underpayment attributable to such period to the extent such underpayment was created or increased by any provision of Pub. L. 105–34, see section 1(d) of Pub. L. 105–34, set out as a note under section 6654 of this title.
Corporations Also May Use 1986 Tax To Determine Amount of Certain Estimated Tax Installments Due On or Before June 15, 1987
Pub. L. 100–203, title X, § 10303(b)(2), Dec. 22, 1987, 101 Stat. 1330–430, provided that:
“(A) In general.—
In the case of a
large corporation, no addition to
tax shall be imposed by section 6655 of the
Internal Revenue Code of 1986 with respect to any
underpayment of an estimated
tax installment to which this subsection applies if no addition would be imposed with respect to such
underpayment by reason of section 6655(d)(1) of such Code if such corporation were not a
large corporation. The preceding sentence shall apply only to the extent the
underpayment is paid on or before the last date prescribed for payment of the most recent installment of estimated
tax due on or before
September 15, 1987.
“(B) Installment to which subsection applies.—
This subsection applies to any installment of estimated
tax for a taxable year beginning after
December 31, 1986, which is due on or before
June 15, 1987.
“(C) Large corporation.—
For purposes of this subsection, the term ‘
large corporation’ has the meaning given such term by section 6655(i)(2) of such Code (as in effect on the day before the date of the enactment of this Act [
Dec. 22, 1987]).”
Waiver of Estimated Tax Penalties
Pub. L. 99–514, title XVIII, § 1879(a), Oct. 22, 1986, 100 Stat. 2905, provided that:
“No addition to
tax shall be made under section 6654 or 6655 of the
Internal Revenue Code of 1954 [now 1986] (relating to failure to pay estimated income
tax) for any period before
April 16, 1985 (
March 16, 1985 in the case of a taxpayer subject to section 6655 of such Code), with respect to any
underpayment, to the extent that such
underpayment was created or increased by any provision of the
Tax Reform Act of 1984 [
Pub. L. 98–369, div. A].”
Underpayments of Estimated Tax for 1984
Pub. L. 98–369, div. A, title II, subtitle A, § 218, July 18, 1984, 98 Stat. 766, which provided that no addition to the tax shall be made under section 6655 of this title with respect to any underpayment of an installment required to be paid before July 18, 1984, to the extent such underpayment was created or increased by any provision of this subtitle, and such underpayment was paid in full on or before the last date prescribed for payment of the first installment of estimated tax required to be paid after July 18, 1984, was repealed by Pub. L. 99–514, title XVIII, § 1824, Oct. 22, 1986, 100 Stat. 2846.
Waiver of Penalty for Underpayment of Estimated Tax
Pub. L. 94–455, title VIII, § 803(g), Oct. 4, 1976, 90 Stat. 1589, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“If—
“(1)
a corporation made
underpayments of estimated
tax for a taxable year of the corporation which includes
August 1, 1975, because the corporation intended to elect to have the provisions of subparagraph (B) of section 46(a)(1) of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as it existed before the date of enactment of this Act [
Oct. 4, 1976]) apply for such taxable year, and
“(2)
the corporation does not elect to have the provisions of such subparagraph apply for such taxable year because this Act does not contain the amendments made by section 804(a)(2) (relating to flowthrough of investment credit), or the provisions of subsection (f) of such section (relating to grace period for certain plan transfers), of the bill H.R. 10612 (94th Congress, 2d Session), as amended by the Senate,
then the provisions of section 6655 of such Code (relating to failure by corporation to pay estimated income
tax) shall not apply to so much of any such
underpayment as the corporation can establish, to the satisfaction of the Secretary of the Treasury, is properly attributable to the inapplicability of such subparagraph (B) for such taxable year.”
Declaration of Estimated Tax
With respect to taxable years beginning before Dec. 30, 1969, if a taxpayer is required to make a declaration, or to pay any amount of estimated tax by reason of amendments made by Pub. L. 91–172, such amount shall be paid ratably on each of the remaining installment dates for the taxable year beginning with the first installment date on or after Dec. 30, 1969; as to any declaration or payment of estimated tax before the first installment date, this section, and sections 6015, 6154, and 6654 of this title shall be applied without regard to amendments made by Pub. L. 91–172, see section 946(b) of Pub. L. 91–172, set out as a note under section 6153 of this title.
Tax Surcharge Extension; Declarations of Estimated Tax
Requirement of making a declaration or amended declaration of estimated tax or of payment of any amount or additional amount of estimated tax by reason of amendment of sections 51(a)(1)(A), (B), (2)(A) and 963(b) of this title as calling for payment of such amount or additional amount ratably on or before each of remaining installment dates for taxable year beginning with installment date on or after the 30th day after Aug. 7, 1969; application of this section without regard to such amendment with respect to any declaration or payment of estimated tax before such first installment date; and definition of “installment date”, see Pub. L. 93–53, § 5(c), Aug. 7, 1969, 83 Stat. 95.
Estimated Tax of Life Insurance Companies for 1958
Pub. L. 86–69, June 25, 1959, § 3(h), 73 Stat. 140, provided that in the case of a taxpayer subject to tax under section 811 of this title, as in effect before June 25, 1959, no additional tax was to be payable under this section with respect to estimated tax for a taxable year beginning in 1958.