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Title 26 — Internal Revenue Code

Part III · Chapter 32 — Manufacturers Excise Taxes

§ 4103. Certain additional persons liable for tax where willful failure to pay

Statutory text

In any case in which there is a willful failure to pay the tax imposed by section 4041(a)(1) or 4081, each person—

(1)

who is an officer, employee, or agent of the taxpayer who is under a duty to assure the payment of such tax and who willfully fails to perform such duty, or

(2)

who willfully causes the taxpayer to fail to pay such tax,

shall be jointly and severally liable with the taxpayer for the tax to which such failure relates.

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. Revenue Reconciliation Act of 1990

    Pub. L. 101–508 title XI § 11212(c) · 104 Stat. 1388

    Enacted · 26 U.S.C. § 4103

    Added Pub. L. 101–508, title XI, § 11212(c), Nov. 5, 1990, 104 Stat. 1388–431

    Source evidence

    Code source credit
    Added Pub. L. 101–508, title XI, § 11212(c), Nov. 5, 1990, 104 Stat. 1388–431

    Enacted provision · exact public law section
    (c) Certain Additional Persons Liable for Tax Where Willful Failure To Pay.— Subpart C of part HI of subchapter A of chapter 32 is amended by adding at the end thereof the following new section: “SEC. 4103. CERTAIN ADDITIONAL PERSONS LIABLE FOR TAX WHERE WILLFUL FAILURE TO PAY. “In any case in which there is a willful failure to pay the tax imposed by section 4081 or 4091, each person— “(1) who is an officer, employee, or agent of the taxpayer who is under a duty to assure the payment of such tax and who willfully fails to perform such duty, or “(2) who willfully causes the taxpayer to fail to pay such tax, shall be jointly and severally liable with the taxpayer for the tax to which such failure relates.”

  2. Revenue Reconciliation Act of 1993

    Pub. L. 103–66 title XIII § 13242(d)(1) · 107 Stat. 312

    Substituted · 26 U.S.C. § 4103

    Pub. L. 103–66 substituted “4041(a)(1), 4081,” for “4081” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 103–66 substituted “4041(a)(1), 4081,” for “4081” in introductory provisions.

    Enacted provision · exact public law section
    (1) Sections 4101(a) and 4103 are each amended by striking “4081” and inserting “4041(a)(1), 4081”.

  3. Pub. L. 108–357 title VIII § 853(d)(2)(F) · 118 Stat. 1418

    Substituted · 26 U.S.C. § 4103

    Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091” in introductory provisions.

    Enacted provision · exact public law section
    (F) Sections 4101(a), 4103, 4221(a), and 6206 are each amended by striking “, 4081, or 4091” and inserting “or 4081”.

    Effective date note
    Amendment by Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after Dec. 31, 2004, see section 853(e) of Pub. L. 108–357, set out as a note under section 4041 of this title.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1993–2004 · 2 rounds

2004

Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091” in introductory provisions.

1993

Pub. L. 103–66 substituted “4041(a)(1), 4081,” for “4081” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after , see section 853(e) of Pub. L. 108–357, set out as a note under section 4041 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–66 effective , see section 13242(e) of Pub. L. 103–66, set out as a note under section 4041 of this title.

Effective Date

Section effective , see section 11212(f)(2) of Pub. L. 101–508, set out as an Effective Date of 1990 Amendment note under section 4081 of this title.

Credits

1990–2004 · 3 acts
  1. 1990Added Pub. L. 101–508, title XI, § 11212(c), , 104 Stat. 1388–431
  2. 1993amended Pub. L. 103–66, title XIII, § 13242(d)(1), , 107 Stat. 522
  3. 2004Pub. L. 108–357, title VIII, § 853(d)(2)(F), , 118 Stat. 1613.
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(Added Pub. L. 101–508, title XI, § 11212(c), , 104 Stat. 1388–431; amended Pub. L. 103–66, title XIII, § 13242(d)(1), , 107 Stat. 522; Pub. L. 108–357, title VIII, § 853(d)(2)(F), , 118 Stat. 1613.)

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/s4103