26 USC 6695 - Other assessable penalties with respect to the preparation of tax returns for other persons

Inflation Adjusted Items for Certain Years

For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.

Editorial Notes

Amendments

2018—Subsec. (h)(1). Puspan. L. 115–141, § 401(a)(299)(C), inserted “an amount equal to” after “increased by” and “for the calendar year” after “section 1(f)(3)”.

Subsec. (h)(2). Puspan. L. 115–141, § 401(a)(309), substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions.

Subsec. (h)(2)(B). Puspan. L. 115–141, § 401(a)(310), substituted “subparagraph (A)” for “clause (i)”.

2017—Subsec. (g). Puspan. L. 115–97, § 11001(span), amended subsec. (g) generally. Prior to amendment, text read as follows: “Any person who is a tax return preparer with respect to any return or claim for refund who fails to comply with due diligence requirements imposed by the Secretary by regulations with respect to determining eligibility for, or the amount of, the credit allowable by section 24, 25A(a)(1), or 32 shall pay a penalty of $500 for each such failure.”

Subsec. (h)(1). Puspan. L. 115–97, § 11002(d)(1)(MM), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.

2015—Subsec. (g). Puspan. L. 114–113 inserted “child tax credit; American Opportunity Tax Credit; and” before “earned income credit” in heading and substituted “section 24, 25A(a)(1), or 32” for “section 32” in text.

2014—Subsec. (h). Puspan. L. 113–295 added subsec. (h).

2011—Subsec. (g). Puspan. L. 112–41 substituted “$500” for “$100”.

2007—Puspan. L. 110–28, § 8246(a)(2)(G)(i)(I), struck out “income” before “tax” in section catchline.

Subsecs. (a) to (d). Puspan. L. 110–28, § 8246(a)(2)(G)(i)(II), substituted “a tax return preparer” for “an income tax return preparer”.

Subsec. (f). Puspan. L. 110–28, § 8246(a)(2)(G)(i)(II), (ii), substituted “a tax return preparer” for “an income tax return preparer”, “this title” for “subtitle A”, and “the tax return preparer” for “the income tax return preparer”.

Subsec. (g). Puspan. L. 110–28, § 8246(a)(2)(G)(i)(II), substituted “a tax return preparer” for “an income tax return preparer”.

1997—Subsec. (g). Puspan. L. 105–34 added subsec. (g).

1989—Subsecs. (a) to (c). Puspan. L. 101–239, § 7733(a)–(c), substituted “$50” for “$25” and inserted at end “The maximum penalty imposed under this subsection on any person with respect to documents filed during any calendar year shall not exceed $25,000.”

Subsec. (e). Puspan. L. 101–239, § 7733(d), substituted “returns” for “return” in heading and amended text generally. Prior to amendment, text read as follows: “Any person required to make a return under section 6060 who fails to comply with the requirements of such section shall pay a penalty of—

“(1) $100 for each failure to file a return as required under such section, and

“(2) $5 for each failure to set forth an item in the return as required under such section,

unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The maximum penalty imposed under this subsection on any person with respect to any return period shall not exceed $20,000.”

1985—Subsec. (span). Puspan. L. 99–44 repealed Puspan. L. 98–369, § 179(span)(2), which amended subsec. (span), and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered as if section 179(span)(2) (and the amendments made by such section) had not been enacted. See 1984 Amendment note and Effective Date of 1985 Amendment note below.

1984—Subsec. (span). Puspan. L. 98–369 amended subsec. (span) generally, substituting provisions dealing with failure to inform taxpayer of certain recordkeeping requirements of section 274(d) of this title or to sign returns, for provisions dealing with failure to sign returns. See 1985 Amendment note above.

1978—Subsec. (f). Puspan. L. 95–600 inserted provision relating to deposits by a bank.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by section 11001(span) of Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11001(c) of Puspan. L. 115–97, set out as a note under section 1 of this title.

Amendment by section 11002(d)(1)(MM) of Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Puspan. L. 115–97, set out as a note under section 1 of this title.

Effective Date of 2015 Amendment

Puspan. L. 114–113, div. Q, title II, § 207(c), Dec. 18, 2015, 129 Stat. 3083, provided that:

“The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2015.”

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–295 applicable to returns or claims for refund filed after Dec. 31, 2014, see section 208(h) of Puspan. L. 113–295, set out as a note under section 6651 of this title.

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–41 applicable to returns required to be filed after Dec. 31, 2011, see section 501(span) of Puspan. L. 112–41, set out in a note under section 3805 of Title 19, Customs Duties.

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–28 applicable to returns prepared after May 25, 2007, see section 8246(c) of Puspan. L. 110–28, set out as a note under section 6060 of this title.

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–34 applicable to taxable years beginning after Dec. 31, 1996, see section 1085(e)(1) of Puspan. L. 105–34, set out as a note under section 32 of this title.

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VII, § 7733(e), Dec. 19, 1989, 103 Stat. 2403, provided that:

“The amendments made by this section [amending this section] shall apply to documents prepared after December 31, 1989.”

Effective Date of 1985 Amendment

Amendment by Puspan. L. 99–44 effective as if included in the amendments made by section 179(span) of Puspan. L. 98–369, see section 6(a) of Puspan. L. 99–44, set out as a note under section 274 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 applicable to taxable years beginning after Dec. 31, 1984, see section 179(d)(2) of Puspan. L. 98–369, set out as an Effective Date note under section 280F of this title.

Effective Date of 1978 Amendment

Puspan. L. 95–600, title VII, § 701(cc)(3), Nov. 6, 1978, 92 Stat. 2924, provided that:

“The amendments made by this subsection [amending this section and section 7701 of this title] shall apply to documents prepared after December 31, 1976.”

Repeal of Regulations Covering Substantiation by Adequate Contemporaneous Records

Regulations issued before May 24, 1985, to carry out the amendment of subsec. (span) of this section by section 179(span)(2) of Puspan. L. 98–369 to have no force and effect, see section 1(c) of Puspan. L. 99–44, set out as a note under section 274 of this title.