26 USC 6241 - Definitions and special rules

U.S Code last checked for updates: May 19, 2024

§ 6241.

Definitions and special rules

For purposes of this subchapter—

(1)

Partnership

(2)

Partnership adjustment

(A)

In general

(B)

Partnership-related item

The term “partnership-related item” means—

(i)

any item or amount with respect to the partnership (without regard to whether or not such item or amount appears on the partnership’s return and including an imputed underpayment and any item or amount relating to any transaction with, basis in, or liability of, the partnership) which is relevant (determined without regard to this subchapter) in determining the tax liability of any person under chapter 1, and

(ii)

any partner’s distributive share of any item or amount described in clause (i).

(3)

Return due date

(4)

Payments nondeductible

(5)

Partnerships having principal place of business outside United States

(6)

Partnerships in cases under title 11 of United States Code

(A)

Suspension of period of limitations on making adjustment, assessment, or collection

The running of any period of limitations provided in this subchapter on making a partnership adjustment (or provided by section 6501 or 6502 on the assessment or collection of any imputed underpayment determined under this subchapter) shall, in a case under title 11 of the United States Code, be suspended during the period during which the Secretary is prohibited by reason of such case from making the adjustment (or assessment or collection) and—

(i)

for adjustment or assessment, 60 days thereafter, and

(ii)

for collection, 6 months thereafter.

A rule similar to the rule of section 6213(f)(2) shall apply for purposes of section 6232(b).

(B)

Suspension of period of limitation for filing for judicial review

(7)

Treatment where partnership ceases to exist

(8)

Extension to entities filing partnership return

(9)

Coordination with other chapters

(A)

In general

(B)

Timing of withholding

In the case of any tax imposed (including any amount required to be deducted or withheld) under chapter 3 or 4, which is determined with respect to an adjustment described in subparagraph (A), such tax—

(i)

shall be so determined with respect to the reviewed year, and

(ii)

shall be so imposed (or so required to be deducted or withheld) with respect to the adjustment year.

(C)

Statute of limitation on assessment

(10)

Authority to require electronic filing

(11)

Treatment of special enforcement matters

(A)

In general

In the case of partnership-related items which involve special enforcement matters, the Secretary may prescribe regulations pursuant to which—

(i)

this subchapter (or any portion thereof) does not apply to such items, and

(ii)

such items are subject to such special rules (including rules related to assessment and collection) as the Secretary determines to be necessary for the effective and efficient enforcement of this title.

(B)

Special enforcement matters

For purposes of subparagraph (A), the term “special enforcement matters” means—

(i)

failure to comply with the requirements of section 6226(b)(4)(A)(ii),

(ii)

assessments under section 6851 (relating to termination assessments of income tax) or section 6861 (relating to jeopardy assessments of income, estate, gift, and certain excise taxes),

(iii)

criminal investigations,

(iv)

indirect methods of proof of income,

(v)

foreign partners or partnerships, and

(vi)

other matters that the Secretary determines by regulation present special enforcement considerations.

(12)

United States shareholders and certain other persons treated as partners

(A)

In general

(B)

Passive foreign investment companies

(C)

Regulations or other guidance

(Added Pub. L. 114–74, title XI, § 1101(c)(1), Nov. 2, 2015, 129 Stat. 636; amended Pub. L. 115–141, div. U, title II, §§ 201(a), (b)(1), 206(c), (l), (m), (p)(7), Mar. 23, 2018, 132 Stat. 1171, 1172, 1178, 1180–1182.)

cite as: 26 USC 6241