[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: 26CFR301.6513-1]

[Page 387]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Limitations
 
Sec. 301.6513-1  Time return deemed filed and tax considered paid.

    (a) Early return or advance payment of tax. For purposes of section 
6511, a return filed before the last day prescribed by law or 
regulations for the filing thereof shall be considered as filed on such 
last day. For purposes of section 6511 (b)(2) and (c) and section 6512, 
payment of any portion of the tax made before the last day prescribed 
for payment shall be considered made on such last day. An extension of 
time for filing a return or for paying any tax, or an election to pay 
any tax in installments, shall not be given any effect in determining 
under this section the last day prescribed for filing a return or paying 
any tax.
    (b) Prepaid income tax. For purposes of section 6511 (relating to 
limitations on credit or refund) or section 6512 (relating to 
limitations in case of petition to Tax Court)--
    (1) Any tax actually deducted and withheld at the source during any 
calendar year under chapter 24 of the Code (relating to collection of 
income tax at source on wages) shall, in respect of the recipient of the 
income, be deemed to have been paid by him on the 15th day of the fourth 
month following the close of his taxable year with respect to which such 
tax is allowable as a credit under section 31 (relating to tax withheld 
on wages),
    (2) Any amount paid as estimated income tax for any taxable year 
shall be deemed to have been paid on the last day prescribed for filing 
the income tax return under section 6012 for such taxable year 
(determined without regard to any extension of time for filing such 
return), and
    (3) Any tax withheld at the source on or after November 13, 1966, 
under chapter 3 of the Code (relating to tax withheld on nonresident 
aliens and foreign corporations and tax-free covenant bonds) shall, in 
respect of the recipient of the income, be deemed to have been paid by 
such recipient on the last day prescribed for filing his income tax 
return under section 6012 for the taxable year (determined without 
regard to any extension of time for filing such return) with respect to 
which such tax is allowable as a credit under section 1462 (relating to 
withheld tax as credit to recipient of income).

Subparagraph (3) of this paragraph (b), shall apply even though the 
recipient of the income has been granted under section 6012 and the 
regulations thereunder an exemption from the requirement of making an 
income tax return for the taxable year.
    (c) Return and payment of social security taxes and income tax 
withholding. Notwithstanding paragraph (a) of this section, if a return 
(or payment) on or after November 13, 1966, of tax imposed by chapter 3 
of the Code (relating to withholding of tax on nonresident aliens and 
foreign corporations and tax-free covenant bonds), or if a return (or 
payment) of tax imposed by chapter 21 of the Code (relating to the 
Federal Insurance Contributions Act) or by chapter 24 of the Code 
(relating to the collection of income tax at source on wages), for any 
period ending with or within a calendar year is filed or paid before 
April 15 of the succeeding calendar year, for purposes of section 6511 
(relating to limitations on credit or refund) the return shall be 
considered filed, or the tax considered paid, on April 15 of such 
succeeding calendar year.
    (d) Overpayment of income tax credited to estimated tax. If a 
taxpayer elects under the provisions of section 6402(b) to credit an 
overpayment of income tax for a taxable year against estimated tax for 
the succeeding taxable year, the amount so credited shall be considered 
a payment of income tax for such succeeding taxable year (whether or not 
claimed as a credit on the estimated tax return for such succeeding 
taxable year). If the treatment of such amount as a payment of income 
tax for the succeeding taxable year results in an overpayment for such 
succeeding taxable year, the period of limitations applicable to such 
overpayment is determined by reference to that taxable year. An election 
so to credit an overpayment of income tax precludes the allowance of a 
claim for credit or refund of such overpayment for the taxable year in 
which the overpayment arises.

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