[Code of Federal Regulations]
[Title 26, Volume 12]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.1402(e)(5)-1]

[Page 47-48]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.1402(e)(5)-1  Optional provision for certain certificates filed 
before April 15, 1962.

    (a) Certificates. (1) The optional provision contained in section 
1402(e)(5)(A) may be applied to a certificate on Form 2031 filed within 
the period September 14, 1960, to April 16, 1962, inclusive, in the case 
of a duly ordained, commissioned, or licensed minister of a church, a 
member of a religious order (other than a member of a religious order 
who has taken a vow of poverty as a member of such order), or a 
Christian Science practitioner, who has derived net earnings, in any 
taxable year ending after 1954 and before 1960, from the performance of 
service in the exercise of his ministry, in the exercise of duties 
required by his religious order, or in the exercise of his profession as 
a Christian Science practitioner, respectively, and who has reported 
such earnings as self-employment income on a return filed before 
September 14, 1960, and on or before the date prescribed for filing such 
return (including any extension thereof). The certificate may be filed 
by such minister, member of a religious order, or Christian Science 
practitioner or by a fiduciary acting for such individual or his estate, 
or by his survivor within the meaning of section 205(c)(1)(C) of the 
Social Security Act, and it must be filed after September 13, 1960, and 
on or before April 16, 1962. Subject to the conditions stated in 
subparagraph (2) of this paragraph, such certificate may be effective at 
the election of the person filing it, for the first taxable year ending 
after 1954 and before 1960 for which a return, as described in the first 
sentence of this subparagraph, was filed, and for all succeeding taxable 
years, rather than for the period prescribed in Sec. 1.1402(e)(3)-1. 
The election for retroactive application of the certificate may be made 
by indicating on the certificate the first taxable year for which it is 
to be effective and that such year is the first taxable year ending 
after 1954 and before 1960 for which the minister, member of a religious 
order, or Christian Science practitioner filed an

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income tax return on which he reported net earnings for such year from 
the exercise of his ministry, the exercise of duties required by his 
religious order, or the exercise of his profession as a Christian 
Science practitioner, as the case may be, and by fulfilling the 
conditions prescribed in subparagraph (2) of this paragraph.
    (2) A certificate to which subparagraph (1) of this paragraph 
relates may be effective for a taxable year prior to the taxable year 
immediately preceding the earliest taxable year for which, at the time 
the certificate is filed, the period for filing a return (including any 
extension thereof) has not expired, only if the following conditions are 
met:
    (i) The tax under section 1401 is paid on or before April 16, 1962, 
in respect of all self-employment income (whether or not derived from 
the performance of service by the individual in the exercise of his 
ministry, in the exercise of duties required by his religious order, or 
in the exercise of his profession as a Christian Science practitioner, 
as the case may be) for the first taxable year ending after 1954 and 
before 1960 for which such individual has filed a return, as described 
in subparagraph (1) of this paragraph, and for each succeeding taxable 
year ending before 1960; and
    (ii) In any case where refund has been made of any such tax which 
(but for section 1402(e)(5)) is an overpayment, the amount refunded 
(including any interest paid under section 6611) is repaid on or before 
April 16, 1962. For regulations under section 6611 (relating to interest 
on overpayments), see Sec. 301.6611-1 of part 301 of this chapter 
(Regulations on Procedure and Administration).
    (b) Supplemental certificates. (1) Subject to the conditions stated 
in subparagraph (2) of this paragraph, a certificate on Form 2031 filed 
on or before September 13, 1960, by a minister, member of a religious 
order, or a Christian Science practitioner described in paragraph (a)(1) 
of this section and which (but for section 1402(e)(5)(B)) is ineffective 
for the first taxable year ending after 1954 and before 1959 for which 
such a return as described in paragraph (a)(1) of this section was filed 
by such individual, shall be effective for such first taxable year and 
for all succeeding taxable years, provided a supplemental certificate is 
filed by such individual or by a fiduciary acting for him or his estate, 
or by his survivor (within the meaning of section 205(c)(1)(C) of the 
Social Security Act), after September 13, 1960 and on or before April 
16, 1962.
    (2) The filing of a supplemental certificate pursuant to 
subparagraph (1) of this paragraph will give retroactive effect to a 
certificate to which such subparagraph applies only if the following 
conditions are met:
    (i) The tax under section 1401 is paid on or before April 16, 1962, 
in respect of all self-employment income (whether or not attributable to 
earnings as a minister, member of a religious order, or Christian 
Science practitioner) for the first taxable year for which the 
certificate is retroactively effective and for each subsequent year 
ending before 1959; and
    (ii) In any case where refund has been made of any such tax which 
(but for section 1402(d)(5)) is an overpayment, the amount refunded 
(including any interest paid under section 6611) is repaid on or before 
April 16, 1962.
    (c) Underpayment of tax. For purposes of this section, any 
underpayment of the tax which is attributable to an error made in good 
faith will not invalidate an election which is otherwise valid.
    (d) Nonapplicability of section 6401. Any payment or repayment 
described in paragraph (a)(2) or paragraph (b)(2) of this section shall 
not constitute an overpayment within the meaning of section 6401 which 
relates to amounts treated as overpayments. For the provisions of 
section 6401 and the regulations thereunder, see section 6401 and Sec. 
301.6401-1 of part 301 of this chapter (Regulations on Procedure and 
Administration).

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