Sec. 53.4963-1 Definitions.
(a) First tier tax.
For purposes of this subpart K, the term "first tier tax" means any tax imposed by subsection (a) of section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975. A first tier tax may also be referred to as an "initial tax" in parts 53 and 54.
(b) Second tier tax.
For purposes of this subpart K, the term "second tier tax" means any tax imposed by subsection (b) of section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4971, or 4975. A second tier tax may also be referred to as an "additional tax" in parts 53 and 54.
(c) Taxable event.
For purposes of this subpart K, the term "taxable event" means any act, or failure to act, giving rise to liability for tax under section 4941, 4942, 4943, 4944, 4945, 4951, 4952, 4955, 4958, 4966, 4967, 4971, or 4975.
(d) Correct
(1) In general.
Except as provided in subparagraph (2), the term "correct" has the same meaning for purposes of this subpart K as in the section which imposes the second tier tax or the regulations thereunder.
(2) Special rules.
The term "correct" means--
(i) For a second tier tax imposed by section 4942(b), reducing the amount of the undistributed income to zero,
(ii) For a second tier tax imposed by section 4943(b), reducing the amount of the excess business holdings to zero, and
(iii) For a second tier tax imposed by section 4944(b), removing the investment from jeopardy.
(e) Correction period
(1) In general.
The correction period with respect to any taxable event shall begin with the date on which the taxable event occurs and shall end 90 days after the date of mailing of a notice of deficiency under section 6212 with respect to the second tier tax imposed with respect to the taxable event.
(2) Extensions of correction period.
The correction period referred to in subparagraph (1) of this paragraph shall be extended by any period in which a deficiency cannot be assessed under section 6213(a). In addition, the correction period referred to in subparagraph (1) of this paragraph (e) shall be extended in accordance with subparagraph (3), (4), and (5) of this paragraph except that subparagraph (4), or (5) shall not operate to extend a correction period with respect to which a taxpayer has filed a petition with the United States Tax Court for redetermination of a deficiency within the time prescribed by section 6213(a).
(3) Extensions by Commissioner.
The correction period referred to in subparagraph (1) of this paragraph may be extended by any period which the Commissioner determines is reasonable and necessary to bring about correction (including, for taxes imposed by section 4975, equitable relief sought by the Secretary of Labor) of the taxable event. The Commissioner ordinarily will not extend the correction period unless the following factors are present.
(i) The taxpayer on whom the second tier tax is imposed, the Secretary of Labor (for taxes imposed by section 4975), or an appropriate State officer (as defined in section 6104(c)(2)) is actively seeking in good faith to correct the taxable event;
(ii) Adequate corrective action cannot reasonably be expected to result during the unextended correction period;
(iii) For taxes imposed by section 4975, the Secretary of Labor requests the extension because subdivision (ii) applies; and
(iv) For taxes imposed by chapter 42 (other than taxes imposed by section 4940), the taxable event appears to have been an isolated occurrence so that it appears unlikely that similar taxable events will occur in the future.
(4) Extension for payment of first tier tax.
If, within the unexpected correction period, the taxpayer pays the full amount of the first tier tax imposed with respect to the taxable event the Commissioner shall extend the correction period to the later of--
(i) Ninety days after the payment of the first tier tax, or
(ii) The last day of the correction period determined without regard to this paragraph.
(5) Extensions for filing claim for refund or refund suit.
If prior to the expiration of the correction period (including extensions) a claim for refund is filed with respect to payment of the full amount of the first tier tax imposed with respect to the taxable event, the Commissioner shall extend the correction period during the pendency of the claim plus an additional 90 days. If within that time a suit or proceeding referred to in section 7422(g) with respect to the claim is filed, the Commissioner shall extend the correction period until the determination in the suit for refund (determined without regard to a supplemental proceeding under section 4861(b)) is final, determined under section 301.7422-2(a).
(6) End of correction period if waiver accepted.
If the notice of deficiency referred to in paragraph (1) is not mailed because there is a waiver of the restrictions on assessment and collection of the deficiency or because the deficiency is paid, the correction period will end with the end of the collection prohibition period described in section 53.4961-2(e)(5).
(7) Date on which taxable event occurs.
For purposes of subparagraph (1), the taxable event shall be treated as occurring--
(i) Under section 4942, on the first day of the taxable year for which there is undistributed income,
(ii) Under section 4943, on the first day on which there are excess business holdings,
(iii) Under section 4971, on the last day of the plan year in which there is an accumulated funding deficiency, and
(iv) In all other cases, the date on which the event occurred.
(f) Effective date.
The provisions of this subpart K are effective with respect to second tier taxes assessed after December 24, 1980. The preceding sentence shall not be construed to permit the assessment of a tax in a case to which, on December 24, 1980, the doctrine of res judicata applied.
[T.D. 8084, 51 FR 16303, May 2, 1986, corrected at 51 FR 17732, May 15, 1986, as amended by T.D. 8628, 60 FR 62209-62213, Dec. 5, 1995; T.D. 8920, 66 FR 2144-2172, Jan. 10, 2001; amended by T.D. 9855, 84 FR 14008-14009, Apr. 9, 2019.]
