Page:United States Statutes at Large Volume 113 Part 3.djvu/402

 113 STAT. 1920 PUBLIC LAW 106-170—DEC. 17, 1999 Applicability. 26 USC 41 note. 26 USC 41 note. Deadline. (3) EFFECTIVE DATE.— The amendments made by this subsection shall apply to amounts paid or incurred after June 30, 1999. (d) SPECIAL RULE. — (1) IN GENERAL.—For purposes of the Internal Revenue Code of 1986, the credit determined under section 41 of such Code which is otherwise allowable under such Code— (A) shall not be taken into account prior to October 1, 2000, to the extent such credit is attributable to the first suspension period; and (B) shall not be taken into account prior to October 1, 2001, to the extent such credit is attributable to the second suspension period. On or after the earliest date that an amount of credit may be taken into account, such amount may be taken into account through the filing of an amended return, an application for expedited refund, an adjustment of estimated taxes, or other means allowed by such Code. (2) SUSPENSION PERIODS.— For purposes of this subsection— (A) the first suspension period is the period beginning on July 1, 1999, and ending on September 30, 2000; and (B) the second suspension period is the period beginning on October 1, 2000, and ending on September 30, 2001. (3) EXPEDITED REFUNDS.— (A) IN GENERAL.— If there is an overpayment of tax with respect to a taxable year by reason of paragraph (1), the taxpayer may file an application for a tentative refund of such overpayment. Such application shall be in such manner and form, and contain such information, as the Secretary may prescribe. (B) DEADLINE FOR APPLICATIONS. —Subparagraph (A) shall apply only to an application filed before the date which is 1 year after the close of the suspension period to which the application relates. (C) ALLOWANCE OF ADJUSTMENTS.— Not later than 90 days after the date on which an application is filed under this paragraph, the Secretary shall— (i) review the application; (ii) determine the amount of the overpayment; and (iii) apply, credit, or refund such overpayment, in a manner similar to the manner provided in section 6411(b) of such Code. (D) CONSOLIDATED RETURNS.— The provisions of section 6411(c) of such Code shall apply to an adjustment under this paragraph in such manner as the Secretary may provide. (4) CREDIT ATTRIBUTABLE TO SUSPENSION PERIOD.— (A) IN GENERAL.— For purposes of this subsection, in the case of a taxable year which includes a portion of the suspension period, the amount of credit determined under section 41 of such Code for such taxable year which is attributable to such period is the amount which bears the same ratio to the amount of credit determined under such section 41 for such taxable year as the number of months in the suspension period which are during such

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