Page:United States Statutes at Large Volume 56 Part 1.djvu/921

 56 STAT.] 77TH CONG. , 2D SESS.-CH. 619-OCT. 21, 1942 (d) FOREIGN TAX CREDITrr.- Section 131 is further amended by adding at the end thereof the following new subsection: "(i) TAX WITHHELD AT SOURCE.-For the purposes of this supple- ment the tax imposed by this chapter shall be the tax computed with- out regard to the credit provided in section 32 and section 466 (e)." (e) REFUNDS AND CREDITS. - (1) Section 322 (a) is amended to read as follows: "(a) AUTHORIZATION. - "(1) OVERPAYMENT. -Where there has been an overpayment of any tax imposed by this chapter, the amount of such overpay- ment shall be credited against any income, war-profits, or excess- profits tax or installment thereof then due from the taxpayer, and any balance shall be refunded immediately to the taxpayer. "(2) EXCESSIVE WITHHOLDING. -W here the amount of the tax withheld at the source under Part II of Subchapter D exceeds the tax imposed by this chapter (after allowance of the credits provided by sections 31, 32, and 453), the amount of such excess shall be credited against any income tax or installment thereof then due from the taxpayer, and any balance thereof shall be refunded immediately to the taxpayer." (2) Section 322 (e) is amended to read as follows: "(e) PRESUMPTION AS TO DATE OF PAYMENT. -For the purposes of this section, any tax actually withheld and collected at the source under Part II of Subchapter D shall, in respect of the recipient of the income, be deemed to have been paid by him on the fifteenth day of the third month following the close of his taxable year in which such tax was so withheld and collected; except that in the case of a nonresident alien individual, it shall be deemed to have been paid by him on the fifteenth day of the sixth month following the close of his taxable year. "(f) TAX WITHHELD AT SOURCE.-For refund or credit in case of withholding agent, see sections 143 (f) and 466 (f)." (f) CROSS REFERENCES.- (1) PAYMENT OF TAx.-Section 56 (f) is amended to read as follows: "(f) TAX WITHHELD AT SOURCE.- For requirement of withholding tax at source, see sections 143, 144, and Part II of Subchapter D." (2) CRDITrrs AGAINST TAx. -T he Internal Revenue Code is amended by adding after section 33 the following new sections: "SEC. 34. CREDITS AGAINST VICTORY TAX. "For credits against victory tax, see sections 453, 454, and 466 (e). "SEC. 35. CREDIT FOR TAX WITHHELD ON WAGES. "For credit against the tax for tax withheld on wages, see section 466 (e)." (3) PENALTIES.- Section 145 (d) is amended by inserting "(1)" before the first paragraph and by adding the following new paragraph: "(2) For additional penalties for fraudulent receipts or failure to furnish receipts required by section 469, see section 470." (4) MINIMUM PENALTY FOR FAILURE TO FILE RETURN.--Section 291 is amended by inserting "(a)" before the first paragraph and by adding the following new subsection: 893 Ante, p. 858. 53 Stat. 24. 26U. S.C.§32. Ante, p. 890. 53 Stat. 91. 26 U.. C.. 322 (a). Ante, p. 887. 53 Stat. 24. 26U.S.C.5 31,32. Ante, p. 885. 53 Stat. 92. 26 U. S. C. §322(e). Ante, p. 887. 63 Stat. 62 . 26 U.S. C. 143 (f). Ante, p. 890. 53 Stat. 32. 26U.S. C. 56 (t). 53 Stat. 60, 62. 26U.S.C. 143; Supp. I, 143143 ,144. Ante, pp. 808, 860, 861. 887 . 53 Stat, 24. 26 U.S. C. 33. Ante, pp. 886, 88, 890. Ante, p. 890. 63 Stat. 63 . 26U.S.C. 146(d). Ante, p. 836. Ante, pp. 891,892. 53 Stat. 88 . 26 U.S. C. 1291.

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