26 U.S.C. § 6159

Agreements for payment of tax liability in installments

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(a) Authorization of agreements

The Secretary is authorized to enter into written agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Secretary determines that such agreement will facilitate full or partial collection of such liability.

(b) Extent to which agreements remain in effect(1) In general

Except as otherwise provided in this subsection, any agreement entered into by the Secretary under subsection (a) shall remain in effect for the term of the agreement.

(2) Inadequate information or jeopardyThe Secretary may terminate any agreement entered into by the Secretary under subsection (a) if—(A) information which the taxpayer provided to the Secretary prior to the date such agreement was entered into was inaccurate or incomplete, or(B) the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.(3) Subsequent change in financial conditions

If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement.

(4) Failure to pay an installment or any other tax liability when due or to provide requested financial informationThe Secretary may alter, modify, or terminate an agreement entered into by the Secretary under subsection (a) in the case of the failure of the taxpayer—(A) to pay any installment at the time such installment payment is due under such agreement,(B) to pay any other tax liability at the time such liability is due, or(C) to provide a financial condition update as requested by the Secretary.(5) Notice requirementsThe Secretary may not take any action under paragraph (2), (3), or (4) unless—(A) a notice of such action is provided to the taxpayer not later than the day 30 days before the date of such action, and(B) such notice includes an explanation why the Secretary intends to take such action.The preceding sentence shall not apply in any case in which the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.(c) Secretary required to enter into installment agreements in certain casesIn the case of a liability for tax of an individual under subtitle A, the Secretary shall enter into an agreement to accept the full payment of such tax in installments if, as of the date the individual offers to enter into the agreement—(1) the aggregate amount of such liability (determined without regard to interest, penalties, additions to the tax, and additional amounts) does not exceed $10,000;(2) the taxpayer (and, if such liability relates to a joint return, the taxpayer’s spouse) has not, during any of the preceding 5 taxable years—(A) failed to file any return of tax imposed by subtitle A;(B) failed to pay any tax required to be shown on any such return; or(C) entered into an installment agreement under this section for payment of any tax imposed by subtitle A,(3) the Secretary determines that the taxpayer is financially unable to pay such liability in full when due (and the taxpayer submits such information as the Secretary may require to make such determination);(4) the agreement requires full payment of such liability within 3 years; and(5) the taxpayer agrees to comply with the provisions of this title for the period such agreement is in effect.(d) Secretary required to review installment agreements for partial collection every two years

In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years.

(e) Administrative review

The Secretary shall establish procedures for an independent administrative review of terminations of installment agreements under this section for taxpayers who request such a review.

(f) Installment agreement fees(1) Limitation on fee amount

The amount of any fee imposed on an installment agreement under this section may not exceed the amount of such fee as in effect on the date of the enactment of this subsection.

(2) Waiver or reimbursementIn the case of any taxpayer with an adjusted gross income, as determined for the most recent year for which such information is available, which does not exceed 250 percent of the applicable poverty level (as determined by the Secretary)—(A) if the taxpayer has agreed to make payments under the installment agreement by electronic payment through a debit instrument, no fee shall be imposed on an installment agreement under this section, and(B) if the taxpayer is unable to make payments under the installment agreement by electronic payment through a debit instrument, the Secretary shall, upon completion of the installment agreement, pay the taxpayer an amount equal to any such fees imposed.(g) Cross reference

For rights to administrative review and appeal, see section 7122(e).

(Added Pub. L. 100–647, title VI, § 6234(a), Nov. 10, 1988, 102 Stat. 3735; amended Pub. L. 104–168, title II, §§ 201(a), (b), 202(a), July 30, 1996, 110 Stat. 1456, 1457; Pub. L. 105–206, title III, §§ 3462(c)(2), 3467(a), July 22, 1998, 112 Stat. 766, 769; Pub. L. 105–277, div. J, title IV, § 4002(g), Oct. 21, 1998, 112 Stat. 2681–907; Pub. L. 108–357, title VIII, § 843(a), (b), Oct. 22, 2004, 118 Stat. 1600; Pub. L. 109–222, title V, § 509(c), May 17, 2006, 120 Stat. 363; Pub. L. 115–123, div. D, title II, § 41105(a), Feb. 9, 2018, 132 Stat. 157.)Editorial NotesReferences in Text

The date of the enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 115–123, which was approved Feb. 9, 2018.

Amendments

2018—Subsecs. (f), (g). Pub. L. 115–123 added subsec. (f) and redesignated former subsec. (f) as (g).

2006—Subsec. (f). Pub. L. 109–222 substituted “section 7122(e)” for “section 7122(d)”.

2004—Subsec. (a). Pub. L. 108–357, § 843(a)(1), substituted “make payment on” for “satisfy liability for payment of” and inserted “full or partial” after “facilitate”.

Subsec. (c). Pub. L. 108–357, § 843(a)(2), inserted “full” before “payment” in introductory provisions.

Subsecs. (d) to (f). Pub. L. 108–357, § 843(b), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

1998—Subsec. (c). Pub. L. 105–206, § 3467(a), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 105–277 redesignated subsec. (d), relating to cross reference, as (e).

Pub. L. 105–206, § 3467(a), redesignated former subsec. (c), relating to administrative review, as (d).

Pub. L. 105–206, § 3462(c)(2), added subsec. (d), relating to cross reference.

Subsec. (e). Pub. L. 105–277 redesignated subsec. (d), relating to cross reference, as (e).

1996—Subsec. (b)(3). Pub. L. 104–168, § 201(b), amended par. (3) generally. Prior to amendment, par. (3) read as follows:

“(A) In general.—If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement.

“(B) Notice.—Action may be taken by the Secretary under subparagraph (A) only if—

“(i) notice of such determination is provided to the taxpayer no later than 30 days prior to the date of such action, and

“(ii) such notice includes the reasons why the Secretary believes a significant change in the financial condition of the taxpayer has occurred.”

Subsec. (b)(5). Pub. L. 104–168, § 201(a), added par. (5).

Subsec. (c). Pub. L. 104–168, § 202(a), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Pub. L. 115–123, div. D, title II, § 41105(b), Feb. 9, 2018, 132 Stat. 157, provided that: “The amendments made by this section [amending this section] shall apply to agreements entered into on or after the date which is 60 days after the date of the enactment of this Act [Feb. 9, 2018].”

Effective Date of 2006 Amendment

Pub. L. 109–222, title V, § 509(d), May 17, 2006, 120 Stat. 364, provided that: “The amendments made by this section [amending this section and section 7122 of this title] shall apply to offers-in-compromise submitted on and after the date which is 60 days after the date of the enactment of this Act [May 17, 2006].”

Effective Date of 2004 Amendment

Pub. L. 108–357, title VIII, § 843(c), Oct. 22, 2004, 118 Stat. 1600, provided that: “The amendments made by this section [amending this section] shall apply to agreements entered into on or after the date of the enactment of this Act [Oct. 22, 2004].”

Effective Date of 1998 Amendments

Amendment by Pub. L. 105–277 effective as if included in the provision of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105–206, to which such amendment relates, see section 4002(k) of Pub. L. 105–277, set out as a note under section 1 of this title.

Amendment by section 3462(c)(2) of Pub. L. 105–206 applicable to proposed offers-in-compromise and installment agreements submitted after July 22, 1998, see section 3462(e)(1) of Pub. L. 105–206, set out as a note under section 6331 of this title.

Pub. L. 105–206, title III, § 3467(b), July 22, 1998, 112 Stat. 770, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [July 22, 1998].”

Effective Date of 1996 Amendment

Pub. L. 104–168, title II, § 201(c), July 30, 1996, 110 Stat. 1457, provided that: “The amendments made by this section [amending this section] shall take effect on the date 6 months after the date of the enactment of this Act [July 30, 1996].”

Pub. L. 104–168, title II, § 202(b), July 30, 1996, 110 Stat. 1457, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1997.”

Effective Date

Pub. L. 100–647, title VI, § 6234(c), Nov. 10, 1988, 102 Stat. 3736, provided that: “The amendments made by this section [enacting this section and amending section 6601 of this title] shall apply to agreements entered into after the date of the enactment of this Act [Nov. 10, 1988].”

Statements Regarding Installment Agreements

Pub. L. 105–206, title III, § 3506, July 22, 1998, 112 Stat. 771, as amended by Pub. L. 106–554, § 1(a)(7) [title III, § 302(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–632, provided that: “The Secretary of the Treasury or the Secretary’s delegate shall, beginning not later than September 1, 2001, provide each taxpayer who has an installment agreement in effect under section 6159 of the Internal Revenue Code of 1986 an annual statement setting forth the initial balance at the beginning of the year, the payments made during the year, and the remaining balance as of the end of the year.”

Notes of Decisions

Cited in 33 cases (6 in the last 5 years), 1994–2026 · leading case: Roger Schlossberg, Tr.-Appellant v. Jean Barney, Debtor-Appellee, 380 F.3d 174 (4th Cir. 2004).

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Roger Schlossberg, Tr.-Appellant v. Jean Barney, Debtor-Appellee, 380 F.3d 174 (4th Cir. 2004). · cites it 2× “See 26 U.S.C. § 6159 . According to Appellant, the ability to enter into such forbearance agreements confers upon the IRS the status of a “creditor who extends credit,” into whose shoes he may step under the strong arm clause.”

Keith Orum & Cherie Orum v. Comm'r of Internal Revenue, 412 F.3d 819 (7th Cir. 2005). “See 26 U.S.C. § 6159 , 26 C.F.R. § 301-7122-1 .”

Dudley's Com. & Indus. Coating, Inc. v. United States Internal Revenue Serv., 292 F. Supp. 2d 976 (M.D. Tenn. 2003). · cites it 3× “26 U.S.C. § 6159 (a). Although this Court agrees that 26 U.”

Gore v. United States (In Re Gore), 182 B.R. 293 (Bankr. N.D. Ala. 1995). · cites it 2× “13 The IRS commonly, and quite successfully, employs, pursuant to 26 U.S.C. § 6159 (a), the use of voluntary time payment agreements for the collection of taxes as an alternative to involuntary, coercive measures such as levy.”

Turner v. United States (In Re Turner), 182 B.R. 317 (Bankr. N.D. Ala. 1995). · cites it 2× “12 The IRS commonly, and quite successfully, employs, pursuant to 26 U.S.C. § 6159 (a), the use of voluntary time payment agreements for the collection of taxes as an alternative to involuntary, coercive measures such as levy.”

Smith v. United States, 475 F. Supp. 2d 1 (D.D.C. 2006). “26 U.S.C. § 6159 , by abrogating Plaintiffs’ “guaranteed” availability of an installment agreement; 8.”

Ullman v. United States, 64 Fed. Cl. 557 (Fed. Cl. 2005). · cites it 2× “See 26 U.S.C. § 6159 (b)(4)(A) (2004) (authorizing termination of an installment agreement when a taxpayer fails to pay any installment at the time such installment payment is due).”

United States v. Nugent, 300 F. Supp. 3d 932 (E.D. Ky. 2018). · cites it 3× “26 U.S.C. § 6159 ; 26 C.F.R. § 301.6159-1 (a).”

Fifty Below Sales & Mktg., Inc. v. United States, 497 F.3d 828 (8th Cir. 2007). “The circumstances under which the IRS may enter into an installment agreement are governed by 26 U.S.C. § 6159 and 26 C.F.R. § 301.6159-1 .”

Ramer v. United States, 620 F. Supp. 2d 90 (D.D.C. 2009). “§ 7123 (b)(1) (2006) (Count 28); (29) deprived the plaintiffs of the guaranteed availability of installment payment agreements in violation of 26 U.S.C. § 6159 (2006) (Count 29); and (30) failed to provide reasonable notices to the plaintiffs that IRS employees were contacting…”

Brewery, Inc. v. United States, 33 F.3d 589 (6th Cir. 1994). “The Bogey Inn did not attempt to get an extension of time; neither did it attempt to arrange to pay the tax liability in installments, as provided under 26 U.S.C. § 6159 ; rather, the owners made a willful decision not to pay the tax.”

Marascalco v. Comm'r, 420 F. App'x 423 (5th Cir. 2011). “” 26 U.S.C. § 6159 (a). The Secretary’s decision is discretionary, unless the taxpayer falls into certain categories not relevant here.”

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