[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6402-4]

[Page 341]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                    Abatements, Credits, and Refunds
 
Sec. 301.6402-4  Payments in excess of amounts shown on return.

    In certain cases, the taxpayer's payments in respect of his tax 
liability, made before the filing of his return, may exceed the amount 
of tax shown on the return. For example, such payments may arise in the 
case of the income tax when the estimated tax or the credit for income 
tax withheld at the source on wages exceeds the amount of tax shown on 
the return, or where a corporation obtains an extension of time for 
filing its return and makes installment payments based on its estimate 
of its tax liability which exceed the tax liability shown on the return 
subsequently filed. In any case in which the district director or the 
director of the regional service center determines that the payments by 
the taxpayer (made within the period prescribed for payment and before 
the filing of the return) are in excess of the amount of tax shown on 
the return, he may make credit or refund of such overpayment without 
awaiting examination of the completed return and without awaiting filing 
of a claim for refund. However, the provisions of Sec. Sec. 301.6402-2 
and 301.6402-3 are applicable to such overpayment, and taxpayers should 
submit claims for refund (if the income tax return is not itself a claim 
for refund, as provided in Sec. 301.6402-3) to protect themselves in 
the event the district director or the director of the regional service 
center fails to make such determination and credit or refund. The 
provisions of section 6405 (relating to reports of refunds of more than 
$100,000 to the Joint Committee on Internal Revenue Taxation) are not 
applicable to the overpayments described in this section caused by 
timely payments of tax which exceed the amount of tax shown on a timely 
return.

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