Loopholes > Federal > Mitigation of Related Taxes Under Different Chapters
OTHER MEDIUM SAVINGS INDIVIDUAL|BUSINESS

Mitigation of Related Taxes Under Different Chapters

IRC §6521

Allows for the recovery of overpaid self-employment tax or FICA tax even if the statute of limitations has expired, provided there is a corresponding assessment of the other tax due to an error in classification.

Eligibility

Applies when an amount was erroneously treated as self-employment income instead of wages (or vice versa) and the correction of the error is barred by law for one tax but authorized for the other.

Frequently Asked Questions

Who is eligible for the Mitigation of Related Taxes Under Different Chapters?

Applies when an amount was erroneously treated as self-employment income instead of wages (or vice versa) and the correction of the error is barred by law for one tax but authorized for the other.

How does the Mitigation of Related Taxes Under Different Chapters work?

Allows for the recovery of overpaid self-employment tax or FICA tax even if the statute of limitations has expired, provided there is a corresponding assessment of the other tax due to an error in classification.

What law authorizes the Mitigation of Related Taxes Under Different Chapters?

The Mitigation of Related Taxes Under Different Chapters is authorized under IRC §6521 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6521

Source: Internal Revenue Code, Title 26, United States Code

§ 6521. Mitigation of effect of limitation in case of related taxes under different chapters(a) Self-employment tax and tax on wagesIn the case of the tax imposed by chapter 2 (relating to tax on self-employment income) and the tax imposed by section 3101 (relating to tax on employees under the Federal Insurance Contributions Act)—(1) If an amount is erroneously treated as self-employment income, or if an amount is erroneously treated as wages, and (2) If the correction of the error would require an assessment of one such tax and the refund or credit of the other tax, and (3) If at any time the correction of the error is authorized as to one such tax but is prevented as to the other tax by any law or rule of law (other than section 7122, relating to compromises), then, if the correction authorized is made, the amount of the assessment, or the amount of the credit or refund, as the case may be, authorized as to the one tax shall be reduced by the amount of the credit or refund, or the amount of the assessment, as the case may be, which would be required with respect to such other tax for the correction of the error if such credit or refund, or such assessment, of such other tax were not prevented by any law or rule of law (other than section 7122, relating to compromises). (b) DefinitionsFor purposes of subsection (a), the terms “self-employment income” and “wages” shall have the same meaning as when used in section 1402(b). (Aug. 16, 1954, ch. 736, 68A Stat. 814.) Editorial Notes References in TextThe Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§ 3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, which is classified generally to chapter 21 (§ 3101 et seq.) of this title. For complete classification of this Act to the Code, see section 3128 of this title and Tables.