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Title 26 — Internal Revenue Code

Chapter 3 — Withholding of Tax on Nonresident Aliens and Foreign Corporations

§ 1461. Liability for withheld tax

Statutory text

Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 16, 1954, ch. 736, 68A Stat. 360 · 68A Stat. 360

    Enacted · 26 U.S.C. § 1461

    Aug. 16, 1954, ch. 736, 68A Stat. 360

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 360

  2. Foreign Investors Tax Act of 1966

    Pub. L. 89–809 title I § 103(i) · 80 Stat. 1539

    1. Struck · 26 U.S.C. § 1461

      Pub. L. 89–809 struck out requirement that persons required to deduct and withhold any tax under this chapter make return thereof on or before March 15 of each year and pay the tax to the officer designated in section 6151

    2. Substituted · 26 U.S.C. § 1461

      Pub. L. 89–809 substituted “Liability for withheld tax” for “Return and payment of withheld tax” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 89–809 struck out requirement that persons required to deduct and withhold any tax under this chapter make return thereof on or before March 15 of each year and pay the tax to the officer designated in section 6151, and substituted “Liability for withheld tax” for “Return and payment of withheld tax” in section catchline.

    Enacted provision · exact public law section
    (i) Liability for Withheld Tax.— Section 1461 (relating to return and payment of withheld tax) is amended to read as follows: “SEC. 1461. LIABILITY FOR WITHHELD TAX. 26 USC 1441–1465. “Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.”

    Effective date note
    Amendment by Pub. L. 89–809 applicable with respect to payments occurring after Dec. 31, 1966, see section 103(n)(3) of Pub. L. 89–809, set out as a note under section 871 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1966—Pub. L. 89–809 struck out requirement that persons required to deduct and withhold any tax under this chapter make return thereof on or before March 15 of each year and pay the tax to the officer designated in section 6151, and substituted “Liability for withheld tax” for “Return and payment of withheld tax” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–809 applicable with respect to payments occurring after , see section 103(n)(3) of Pub. L. 89–809, set out as a note under section 871 of this title.

Credits

1954–1966 · 2 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 360
  2. 1966Pub. L. 89–809, title I, § 103(i), , 80 Stat. 1554.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 89–809, title I, § 103(i), , 80 Stat. 1554.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s1461