26 USC § 1463 - Tax paid by recipient of income

---
identifier: "/us/usc/t26/s1463"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 1463 - Tax paid by recipient of income"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "1463"
section_name: "Tax paid by recipient of income"
chapter_number: 3
chapter_name: "WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS"
subchapter_number: "B"
subchapter_name: "Application of Withholding Provisions"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 101–239, title VII, § 7743(a), Dec. 19, 1989, 103 Stat. 2406; Pub. L. 104–188, title I, § 1704(t)(9), Aug. 20, 1996, 110 Stat. 1887.)"
---


# § 1463. Tax paid by recipient of income

If—

**(1)** any person, in violation of the provisions of this chapter, fails to deduct and withhold any tax under this chapter, and

**(2)** thereafter the tax against which such tax may be credited is paid,

the tax so required to be deducted and withheld shall not be collected from such person; but this section shall in no case relieve such person from liability for interest or any penalties or additions to the tax otherwise applicable in respect of such failure to deduct and withhold.

---

**Source Credit**: (Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 101–239, title VII, § 7743(a), Dec. 19, 1989, 103 Stat. 2406; Pub. L. 104–188, title I, § 1704(t)(9), Aug. 20, 1996, 110 Stat. 1887.)

## Editorial Notes

### Amendments

1996— substituted “this section” for “this subsection”.

1989— amended section generally. Prior to amendment, section read as follows: “If any tax required under this chapter to be deducted and withheld is paid by the recipient of the income, it shall not be re-collected from the withholding agent; nor in cases in which the tax is so paid shall any penalty be imposed on or collected from the recipient of the income or the withholding agent for failure to return or pay the same, unless such failure was fraudulent and for the purpose of evading payment.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 1989 Amendment

> “The amendment made by subsection (a) [amending this section] shall apply to failures after
> 
> .”

, , , provided that: