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—
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
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.
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. 1388–431Enacted 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.”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”.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
- 1990Added Pub. L. 101–508, title XI, § 11212(c), , 104 Stat. 1388–431
- 1993amended Pub. L. 103–66, title XIII, § 13242(d)(1), , 107 Stat. 522
- 2004Pub. L. 108–357, title VIII, § 853(d)(2)(F), , 118 Stat. 1613.
Show as published
(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.)