[Code of Federal Regulations]
[Title 26, Volume 13]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR]

[Page 119-120]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
Procedure and Administration--Table of Contents
 
Sec.  1.6015(f)-1  Return as declaration or amendment.

    (a) Time for filing return. (1)(i) If a taxpayer pays in full the 
amount computed on the return as payable, and
    (a) If a taxpayer (other than a taxpayer referred to in (b) of this 
subdivision):
    (1) On the calendar year basis, files his return on or before 
January 31 of the succeeding calendar year, or
    (2) On a fiscal year basis, files his return on or before the last 
day of the first month immediately succeeding the close of such fiscal 
year, or
    (b) If an individual referred to in section 6073(b), relating to 
income from farming, or, with respect to taxable years beginning after 
December 31, 1962, from fishing:
    (1) On the calendar year basis, for taxable years beginning before 
January 1, 1969, files his return on or before February 15, or
    (2) On a fiscal year basis, for taxable years beginning before 
January 1, 1969, files his return on or before the 15th day of the 
second month after the close of his fiscal year, or
    (3) On the calendar year basis, for taxable years beginning after 
December 31, 1968, files his return on or before March 1, or
    (4) On a fiscal year basis, for taxable years beginning after 
December 31, 1968, files his return on or before the first day of the 
third month after the close of his fiscal year, then:
    (ii)(a) If the declaration is not required to be filed during the 
taxable year, but is required to be filed on or before January 15 of the 
succeeding year (or the date corresponding thereto in the case of a 
fiscal year), such return shall be considered as such declaration; or
    (b) If a declaration was filed during the taxable year, such return 
shall be considered as the amendment of the declaration permitted by 
section 6015(e) to be filed on or before January 15 of the succeeding 
year (or the date corresponding thereto in the case of a fiscal year).

Hence, for example, an individual taxpayer on the calendar year basis 
who, subsequent to September 1, 1963, first meets the requirements of 
section 6015(a) which necessitate the filing of a declaration for 1963, 
may satisfy the requirements as to the filing of such declaration by 
filing his return for 1963 on or before January 31, 1964 (February 15, 
1964, in the case of a farmer or fisherman), and paying in full at the 
time of such filing the tax shown thereon to be payable. Likewise, if a 
taxpayer files on or before September 15, 1963, a timely declaration for 
such year and subsequent thereto and on or before January 31, 1964, 
files his return for 1963, and pays at the time of such filing the tax 
shown by the return to be payable, such return shall be treated as an 
amended declaration timely filed.
    (2) For the purpose of section 6015(f) a taxpayer may file his 
return on or before the last day of the first month following the close 
of the taxable year even though he has not been furnished Form W-2 by 
his employer. In such case the taxpayer shall compute, as accurately as 
possible, his wages for such year and the tax withheld for which he is 
entitled to a credit, reporting such wages and tax on his return, 
together with all other pertinent information necessary to the 
determination of his tax liability for such year.
    (b) Effect on addition to the tax. Compliance with the provisions of 
section 6015(f) will enable a taxpayer to avoid the addition to the tax 
imposed by section 6654 with respect to an underpayment of the 
installment not required to be paid until January 15 of the succeeding 
calendar year (or the corresponding date in the case of a fiscal year). 
With respect to an underpayment of any earlier installment, compliance 
with section 6015(f) will not relieve the taxpayer from the addition to 
the tax imposed by section 6654. However, the period of the underpayment 
under section 6654(c), with respect to any earlier installment, will 
terminate on January 15 of the succeeding calendar year (or the 
corresponding date in the case of a fiscal year). For example, a 
taxpayer discovers on January 14, 1956, that he has

[[Page 120]]

underpaid his estimated tax for the calendar year 1955. He may, in lieu 
of filing an amended declaration on January 15, 1956, and paying the 
balance of the estimated tax determined thereon, file his final return 
on January 31, 1956, and pay in full the amount computed thereon as 
payable. By so doing, he will avoid the addition to the tax with respect 
to the underpayment of the installment required to be paid by January 
15, 1956. The periods of underpayment, under section 6654(c), as to the 
installments required to be paid on April 15, 1955, June 15, 1955, and 
September 15, 1955, also terminate on January 15, 1956.

[T.D. 6500, 25 FR 12108, Nov. 26, 1960, as amended by T.D. 7028, 35 FR 
3806, Feb. 27, 1970; 35 FR 4293, Mar. 10, 1970]