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Federal Statute

26 U.S.C. § 7203 — Willful failure to file return, supply information, or pay tax

Section 7203 criminalizes the willful failure to pay any estimated tax or tax, to make a required return, to keep required records, or to supply required information. The offense is a misdemeanor punishable by fine, imprisonment up to one year, or both, together with the costs of prosecution; certain cash-transaction violations are elevated to felonies punishable by up to five years' imprisonment.

Citation: 26 U.S.C. § 7203Jurisdiction: United StatesEffective: 1954-08-16

Text

Codified text.

Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution. In the case of any person with respect to whom there is a failure to pay any estimated tax, this section shall not apply to such person with respect to such failure if there is no addition to tax under section 6654 or 6655 with respect to such failure. In the case of a willful violation of any provision of section 6050I, the first sentence of this section shall be applied by substituting "felony" for "misdemeanor" and "5 years" for "1 year".

Editorial commentary — not part of the primary text.

Editorial note. Source credits are preserved as editorial metadata derived from the official Office of the Law Revision Counsel publication.

Editorial note. Aug. 16, 1954, ch. 736, 68A Stat. 851; Pub. L. 97–248, title III, § 329(b), Sept. 3, 1982, 96 Stat. 618; Pub. L. 98–369, div. A, title IV, § 412(b)(9), July 18, 1984, 98 Stat. 792; Pub. L. 99–514, title XV, § 1501(c)(2), Oct. 22, 1986, 100 Stat. 2740; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908.

Revision history

  • 1954-08-16Enacted as part of the Internal Revenue Code of 1954 (ch. 736, 68A Stat. 851).
  • 1982-09-03Amended by § 329(b) of the Tax Equity and Fiscal Responsibility Act of 1982 (Pub. L. 97-248) to increase maximum fines.
  • 1990-11-29Amended by § 2597(b) of Pub. L. 101-647 (104 Stat. 4908) to elevate willful violations of section 6050I to felony status.
Canonical source: Office of the Law Revision Counsel, United States Code (https://uscode.house.gov).
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