[Code of Federal Regulations]
[Title 26, Volume 15]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR31.6414-1]

[Page 401]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 31_EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE--Table of Contents
 
Subpart G_Administrative Provisions of Special Application to Employment 
Taxes (Selected Provisions of Subtitle F, Internal Revenue Code of 1954)
 
Sec. 31.6414-1  Credit or refund of income tax withheld from wages.

    (a) In general. Any employer who pays to the district director more 
than the correct amount of--
    (1) Tax under section 3402 or a corresponding provision of prior 
law, or
    (2) Interest, addition to the tax, additional amount, or penalty 
with respect to such tax,

may file a claim for refund of the overpayment or may claim credit for 
such overpayment, in the manner and subject to the conditions stated in 
this section and Sec. 301.6402-2 of this chapter (Regulations on 
Procedure and Administration). If credit is claimed pursuant to this 
section, the amount thereof shall be claimed by entering such amount as 
a deduction on a return of tax under section 3402 filed by the employer. 
If credit is taken pursuant to this section, a claim on Form 843 is not 
required, but the return on which the credit is claimed shall have 
attached as a part thereof a statement, which shall constitute the claim 
for credit, setting forth in detail the grounds and facts relied upon in 
support of the credit, and showing such other information as is required 
by the regulations in this subpart and by the instructions relating to 
the return. No refund or credit to the employer shall be allowed under 
this section for the amount of any overpayment of tax which the employer 
deducted or withheld from an employee.
    (b) Period of limitation. For the period of limitation upon credit 
or refund of taxes imposed by the Internal Revenue Code of 1954, see 
Sec. 301.6511(a)-1 of this chapter (Regulations on Procedure and 
Administration). For the period of limitation upon credit or refund of 
any tax imposed by the Internal Revenue Code of 1939, see the 
regulations applicable with respect to such tax.