Page:United States Statutes at Large Volume 58 Part 1.djvu/96

 PUBLIC LAWS--CH. 63 -FEB. 25, 1944 then upon such date the increase or decrease in the tax referred to in paragraph (2) shall be considered a deficiency or an overpayment, as the case may be. Such deficiency may be assessed and collected or such overpayment may be credited or refunded as if on the date the deficiency is assessed or the credit or refund allowed in respect of the tax referred to in paragraph (1) one year remained before the expiration of the periods of limitation upon assessment or filing claim for refund in respect of the tax referred to in paragraph (2) for the same taxable year. . "(c) ADJUSTmrENT UNAFECTED BY OTHER ITEMS, ETc. -In deter- mining whether an increase or decrease in the amount of the tax pre- viously determined shall be considered to result from the application of the law or facts under a determination referred to in subsection (b) (1) changes shall be made in items which are the subject of such deter- mination and in items which are affected thereby, and in no others. The amount which may be assessed or allowed as a credit or refund under subsection (b) shall not be diminished by any credit or set-off based upon any item which was not the subject of such determination or affected thereby. Such amount, if paid, shall not be recovered by a claim or suit for refund or suit for erroneous refund based upon any item which was not the subject of such determination or affected thereby, except in connection with a subsequent application of this section. "(d) ArPPCATION To AEFrrTTED GROUPs. -As used in subsection (b) the term 'any other such tax of the taxpayer' shall, if the taxpayer was a member of an affiliated group, also include any other such tax of any other member of the group." (b) TAXABLE YEARS TO WHICH APPLICABLE.-T he amendment made by this section shall apply to taxable years beginning after Decem- ber 31, 1939. TITLE VI-FEDERAL UNEMPLOYMENT TAXES 68 tat. 187. 26U.8.O.I1601 (a) . S8tat. 186. 2 U.S.O. I1lO4 3 Stat. 38 26U.8.C.I16io (a) . 63Stat. 183. 6U.S. . 11601. SEC. 601. CREDITS AGAINST FEDERAL UNEMPLOYMENT TAXES. (a) Section 1601 (a) (3) (relating to the time within which con- tributions are required to be paid in order to be allowable as credit) is amended to read as follows: "(3) The credit against the tax for any taxable year shall be permitted only for contributions paid on or before the last day upon which the taxpayer is required under section 1604 to file a return for such year; except that credit shall be permitted for contributions paid after such last day, but such credit shall not exceed 90 per centum of the amount which would have been allowable as credit on account of such contributions had they been paid on or before such last day." (bj Section 1601 (a) (5) (relating to refunds) is repealed. (c) Section 1601 (relating to credits against the Federal unemploy- ment tax) is amended by inserting at the end thereof the following: "(d) REFUND OR CREDrr. - Refund or credit of the tax (including penalty and interest collected with respect thereto, if any), based on any credit allowable under this section, may be made in accordance with the provisions of law applicable if the case of erroneous or illegal collection of the tax (including statutes of limitations). No interest shall be allowed or paid on the amount of any such credit or refund." [58 STAT.

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