1. (a) In general Except as otherwise provided in this section, no adjustment under this subpart ¹ for any partnership taxable year may be made after the later of—

   1. (1) the date which is 3 years after the latest of—

      1. (A) the date on which the partnership return for such taxable year was filed,
      2. (B) the return due date for the taxable year, or
      3. (C) the date on which the partnership filed an administrative adjustment request with respect to such year under section 6227, or
   2. (2) in the case of any modification of an imputed underpayment under section 6225(c), the date that is 270 days (plus the number of days of any extension consented to by the Secretary under paragraph (7) thereof) after the date on which everything required to be submitted to the Secretary pursuant to such section is so submitted, or
   3. (3) in the case of any notice of a proposed partnership adjustment under section 6231(a)(2), the date that is 330 days (plus the number of days of any extension consented to by the Secretary under section 6225(c)(7) ² after the date of such notice.
2. (b) Extension by agreement The period described in subsection (a) (including an extension period under this subsection) may be extended by an agreement entered into by the Secretary and the partnership before the expiration of such period.

3. (c) Special rule in case of fraud, etc.

   1. (1) False return In the case of a false or fraudulent partnership return with intent to evade tax, the adjustment may be made at any time.
   2. (2) Substantial omission of income If any partnership omits from gross income an amount properly includible therein and such amount is described in section 6501(e)(1)(A), subsection (a) shall be applied by substituting “6 years” for “3 years”.
   3. (3) No return In the case of a failure by a partnership to file a return for any taxable year, the adjustment may be made at any time.
   4. (4) Return filed by Secretary For purposes of this section, a return executed by the Secretary under subsection (b) of section 6020 on behalf of the partnership shall not be treated as a return of the partnership.

4. (d) Suspension when Secretary mails notice of adjustment If notice of a final partnership adjustment with respect to any taxable year is mailed under section 6231, the running of the period specified in subsection (a) (as modified by the other provisions of this section) shall be suspended—

   1. (1) for the period during which an action may be brought under section 6234 (and, if a petition is filed under such section with respect to such notice, until the decision of the court becomes final), and
   2. (2) for 1 year thereafter.

(Added Pub. L. 114–74, title XI, § 1101(c)(1), Nov. 2, 2015, 129 Stat. 635; amended Pub. L. 114–113, div. Q, title IV, § 411(c), Dec. 18, 2015, 129 Stat. 3122.)

Delayed Applicability of Section

For delayed applicability of section, see Effective Date note below.

Amendments

2015—Subsec. (a)(2). Pub. L. 114–113, § 411(c)(1), substituted “paragraph (7)” for “paragraph (4)”.

Subsec. (a)(3). Pub. L. 114–113, § 411(c)(2), substituted “330 days (plus the number of days of any extension consented to by the Secretary under section 6225(c)(7)” for “270 days”.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–113 effective as if included in section 1101 of Pub. L. 114–74, see section 411(e) of Pub. L. 114–113, set out as a note under section 6031 of this title.

Effective Date

Section applicable to returns filed for partnership taxable years beginning after Dec. 31, 2017, with certain exceptions, see section 1101(g) of Pub. L. 114–74, set out as an Effective Date of 2015 Amendment note under section 6221 of this title.

¹ So in original. As enacted by Pub. L. 114–74, Part 1, which contains this section, does not contain subparts.

² So in original. Another closing parenthesis probably should appear.