---
kind: "section"
citation: "26 U.S.C. § 7434"
title: "26"
title_heading: "Internal Revenue Code"
number: "7434"
heading: "Civil damages for fraudulent filing of information returns"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/7434"
units:
  - "Subtitle F — Procedure and Administration"
  - "Chapter 76 — Judicial Proceedings"
  - "Subchapter B — Proceedings by Taxpayers and Third Parties"
---

# §7434. Civil damages for fraudulent filing of information returns

- (a) **In general—** If any [person](/usc/26/7701.md?p=a-1) willfully files a fraudulent [information return](/usc/26/6724.md?p=d-1) with respect to payments purported to be made to any other [person](/usc/26/7701.md?p=a-1), such other [person](/usc/26/7701.md?p=a-1) may bring a civil action for damages against the [person](/usc/26/7701.md?p=a-1) so filing such return.
- (b) **Damages—** In any action brought under [subsection (a)](#a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the greater of $5,000 or the sum of—
  - (1) any actual damages sustained by the plaintiff as a proximate result of the filing of the fraudulent [information return](/usc/26/6724.md?p=d-1) ([including](/usc/26/7701.md?p=c) any costs attributable to resolving [deficiencies](/usc/26/6211.md?p=a) asserted as a result of such filing),
  - (2) the costs of the action, and
  - (3) in the court’s discretion, reasonable attorneys’ fees.
- (c) **Period for bringing action—** Notwithstanding any other provision of law, an action to enforce the liability created under this section may be brought without regard to the amount in controversy and may be brought only within the later of—
  - (1) 6 years after the date of the filing of the fraudulent [information return](/usc/26/6724.md?p=d-1), or
  - (2) 1 year after the date such fraudulent [information return](/usc/26/6724.md?p=d-1) would have been discovered by exercise of reasonable care.
- (d) **Copy of complaint filed with IRS—** Any [person](/usc/26/7701.md?p=a-1) bringing an action under [subsection (a)](#a) shall provide a copy of the complaint to the Internal Revenue Service upon the filing of such complaint with the court.
- (e) **Finding of court to include correct amount of payment—** The decision of the court awarding damages in an action brought under [subsection (a)](#a) shall include a finding of the correct amount which should have been reported in the [information return](/usc/26/6724.md?p=d-1).
- (f) **Information return—** For purposes of this section, the term “[information return](/usc/26/6724.md?p=d-1)” means any statement described in [section 6724(d)(1)(A)](/usc/26/6724.md?p=d-1-A).

## Source credit

(Added Pub. L. 104–168, title VI, § 601(a), July 30, 1996, 110 Stat. 1462; amended Pub. L. 105–206, title VI, § 6023(29), July 22, 1998, 112 Stat. 826.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 7434 was renumbered 7437 of this title.

### Amendments

1998—Subsec. (b)(3). Pub. L. 105–206 substituted “attorneys’ fees” for “attorneys fees”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 104–168, title VI, § 601(c), July 30, 1996, 110 Stat. 1462, provided that: “The amendments made by this section [enacting this section and renumbering former section 7434 as 7435 of this title] shall apply to fraudulent information returns filed after the date of the enactment of this Act [July 30, 1996].”