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Title 26 — Internal Revenue Code

Part I · Chapter 32 — Manufacturers Excise Taxes

§ 4161. Imposition of tax

Statutory text

(a)

Sport fishing equipment

(1)

Imposition of tax

(A)

In general

There is hereby imposed on the sale of any article of sport fishing equipment by the manufacturer, producer, or importer a tax equal to 10 percent of the price for which so sold.

(B)

Limitation on tax imposed on fishing rods and poles

The tax imposed by subparagraph (A) on any fishing rod or pole shall not exceed $10.

(2)

3 percent rate of tax for electric outboard motors

In the case of an electric outboard motor, paragraph (1) shall be applied by substituting “3 percent” for “10 percent”.

(3)

3 percent rate of tax for tackle boxes

In the case of fishing tackle boxes, paragraph (1) shall be applied by substituting “3 percent” for “10 percent”.

(4)

Parts or accessories sold in connection with taxable sale

In the case of any sale by the manufacturer, producer, or importer of any article of sport fishing equipment, such article shall be treated as including any parts or accessories of such article sold on or in connection therewith or with the sale thereof.

(b)

Bows and arrows, etc.

(1)

Bows

(A)

In general

There is hereby imposed on the sale by the manufacturer, producer, or importer of any bow which has a peak draw weight of 30 pounds or more, a tax equal to 11 percent of the price for which so sold.

(B)

Archery equipment

There is hereby imposed on the sale by the manufacturer, producer, or importer—

(i)

of any part or accessory suitable for inclusion in or attachment to a bow described in subparagraph (A), and

(ii)

of any quiver, broadhead, or point suitable for use with an arrow described in paragraph (2),

a tax equal to 11 percent of the price for which so sold.

(2)

Arrows

(A)

In general

There is hereby imposed on the first sale by the manufacturer, producer, or importer of any shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly—

(i)

measures 18 inches overall or more in length, or

(ii)

measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A),

a tax equal to 39 cents per shaft.

(B)

Exemption for certain wooden arrow shafts

Subparagraph (A) shall not apply to any shaft consisting of all natural wood with no laminations or artificial means of enhancing the spine of such shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly—

(i)

measures 5⁄16 of an inch or less in diameter, and

(ii)

is not suitable for use with a bow described in paragraph (1)(A).

(C)

Adjustment for inflation

(i)

In general

In the case of any calendar year beginning after 2005, the 39-cent amount specified in subparagraph (A) shall be increased by an amount equal to the product of—

(I)

such amount, multiplied by

(II)

the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting “2004” for “2016” in subparagraph (A)(ii) thereof.

(ii)

Rounding

If any increase determined under clause (i) is not a multiple of 1 cent, such increase shall be rounded to the nearest multiple of 1 cent.

(3)

Coordination with subsection (a)

No tax shall be imposed under this subsection with respect to any article taxable under subsection (a).

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. 489 · 68A Stat. 489

    Enacted · 26 U.S.C. § 4161

    Aug. 16, 1954, ch. 736, 68A Stat. 489

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 489

  2. Excise Tax Reduction Act of 1965

    Pub. L. 89–44 title II § 205(a) · 79 Stat. 136

    Changed · 26 U.S.C. § 4161

    Pub. L. 89–44 removed 10 percent tax on equipment for billiards, pool, bowling, trap shooting, cricket, croquet, badminton, curling, deck tennis, golf, lacrosse, polo, skiing, squash, table tennis, and tennis, and retained tax only for fishing equipment

    Source evidence

    Code amendment note
    Pub. L. 89–44 removed 10 percent tax on equipment for billiards, pool, bowling, trap shooting, cricket, croquet, badminton, curling, deck tennis, golf, lacrosse, polo, skiing, squash, table tennis, and tennis, and retained tax only for fishing equipment.

    Enacted provision · exact public law section
    (a) Sporting Goods.— Section 4161 (relating to sporting goods) is amended to read as follows: “SEC. 4161. IMPOSITION OF TAX. “There is hereby imposed upon the sale of fishing rods, creels, reels, and artificial lures, baits, and flies (including parts or accessories of such articles sold on or in connection therewith, or with the sale thereof) by the manufacturer, producer, or importer a tax equivalent to 10 percent of the price for which so sold.”

  3. Pub. L. 92–558 § 201(a)(1) · 86 Stat. 1172

    1. Amended · 26 U.S.C. § 4161(a)

      Pub. L. 92–558, § 201(a)(1), designated existing provisions as subsec. (a)

    2. Inserted · 26 U.S.C. § 4161(a)

      Pub. L. 92–558, § 201(a)(1), inserted catchline

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–558, § 201(a)(1), designated existing provisions as subsec. (a) and inserted catchline.

    Enacted provision · exact public law section
    (1) by striking out “There is” and inserting in lieu thereof the following: “(a) Rods, Creels, Etc.— There is”; and

  4. Pub. L. 92–558 § 201(a)(2) · 86 Stat. 1172

    Added · 26 U.S.C. § 4161(b)

    Pub. L. 92–558, § 201(a)(2), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–558, § 201(a)(2), added subsec. (b).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(b) Bows and Arrows, Etc.— “(1) Bows and arrows.— There is hereby imposed upon the sale by the manufacturer, producer, or importer— “(A) of any bow which has a draw weight of 10 pounds or more, and “(B) of any arrow which measures 18 inches overall or more in length, a tax equivalent to 11 percent of the price for which so sold. “(2) Parts and accessories.— There is hereby imposed upon the sale by the manufacturer, producer, or importer— “(A) of any part or accessory (other than a fishing reel) suitable for inclusion in or attachment to a bow or arrow described in paragraph (1), and “(B) of any quiver suitable for use with arrows described hi paragraph (1), a tax equivalent to 11 percent of the price for which so sold.”

  5. Tax Reform Act of 1984

    Pub. L. 98–369 § 1015(a) · 98 Stat. 494

    1. Changed · 26 U.S.C. § 4161(a)

      Pub. L. 98–369, § 1015(a), in amending subsec. (a) generally

    2. Amended · 26 U.S.C. § 4161(a)

      Pub. L. 98–369, § 1015(a), in designated existing provisions as par. (1)

    3. Substituted · 26 U.S.C. § 4161(a)

      Pub. L. 98–369, § 1015(a), in substituted “any article of sport fishing equipment by the manufacturer, producer, or importer” for “fishing rods, creels, reels, and artificial lures, baits, and flies (including parts or accessories of such articles sold on or in connection therewith, or with the sale thereof) by the manufacturer, producer, or importer”

    4. Added · 26 U.S.C. § 4161(a)

      Pub. L. 98–369, § 1015(a), in added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–369, § 1015(a), in amending subsec. (a) generally, designated existing provisions as par. (1), substituted “any article of sport fishing equipment by the manufacturer, producer, or importer” for “fishing rods, creels, reels, and artificial lures, baits, and flies (including parts or accessories of such articles sold on or in connection therewith, or with the sale thereof) by the manufacturer, producer, or importer”, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (a) General Rule.— Subsection (a) of section 4161 (relating to 26 USC 4161. imposition of tax on the sale of rods, reels, etc.) is amended to read as follows: “(a) Sport Fishing Equipment.— “(1) Imposition of tax.— There is hereby imposed on the sale of any article of sport fishing equipment by the manufacturer, producer, or importer a tax equal to 10 percent of the price for which so sold. “(2) 3 percent rate of tax for electric outboard motors and sonar devices suitable for finding fish.— “(A) In general.— In the case of an electric outboard motor or a sonar device suitable for finding fish, paragraph (1) shall be applied by substituting ‘3 percent’ for TO percent’. “(B) $30 limitation on tax imposed on sonar devices suitable for finding fish.— The tax imposed by paragraph (1) on any sonar device suitable for finding fish shall not exceed $30. “(3) Parts or accessories sold in connection with taxable sale.— In the case of any sale by the manufacturer, producer, or importer of any article of sport fishing equipment, such article shall be treated as including any parts or accessories of such article sold on or in connection therewith or with the sale thereof.”

  6. Tax Reform Act of 1984

    Pub. L. 98–369 § 1017(a) · 98 Stat. 494

    1. Amended · 26 U.S.C. § 4161(b)(1)(B)

      Pub. L. 98–369, § 1017(a), designated existing provisions as cl. (i)

    2. Added · 26 U.S.C. § 4161(b)(1)(B)

      Pub. L. 98–369, § 1017(a), added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 98–369, § 1017(a), designated existing provisions as cl. (i) and added cl. (ii).

    Enacted provision · exact public law section
    (a) General Rule.— Paragraph (1) of section 4161(b) (relating to 26 USC 4161. bows and arrows) is amended to read as follows: “(1) Bows and arrows.— There is hereby imposed on the sale by the manufacturer, producer, or importer— “(A) of any bow which has a draw weight of 10 pounds or more, and “(B) of any arrow which— “(i) measures 18 inches overall or more in length, or “(ii) measures less than 18 inches overall in length but is suitable for use with a bow described in subparagraph (A). a tax equal to 11 percent of the price for which so sold.”

  7. Tax Reform Act of 1984

    Pub. L. 98–369 § 1017(b)(2) · 98 Stat. 494

    Struck · 26 U.S.C. § 4161(b)(2)(A)

    Pub. L. 98–369, § 1017(b)(2), struck out “(other than a fishing reel)” after “part or accessory”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 98–369, § 1017(b)(2), struck out “(other than a fishing reel)” after “part or accessory”.

    Enacted provision · exact public law section
    (2) Paragraph (2) of section 4161(b) is amended by striking out “(other than a fishing reel)”.

  8. Tax Reform Act of 1984

    Pub. L. 98–369 § 1017(b)(1) · 98 Stat. 494

    Added · 26 U.S.C. § 4161(b)(3)

    Pub. L. 98–369, § 1017(b)(1), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 98–369, § 1017(b)(1), added par. (3).

    Enacted provision · exact public law section
    (1) Subsection (b) of section 4161 is amended by adding at the end thereof the following new paragraph: “(3) Coordination with subsection (a).— No tax shall be imposed under this subsection with respect to any article taxable under subsection (a).”

  9. Tax Reform Act of 1986

    Pub. L. 99–514 title XVIII § 1899A(48) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 4161(b)(1)(B)(ii)

    Pub. L. 99–514 substituted a comma for the period at end

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B)(ii). Pub. L. 99–514 substituted a comma for the period at end.

    Enacted provision · exact public law section
    (48) Clause (ii) of section 4161(b)(1)(B) is amended by striking out the period at the end thereof and inserting in lieu thereof a comma.

  10. Pub. L. 105–34 title XIV § 1433(a) · 111 Stat. 788

    Amended · 26 U.S.C. § 4161(b)

    Pub. L. 105–34 amended subsec. (b) generally. Prior to amendment, subsec. (b) consisted of pars. (1) to (3) imposing taxes on bows and arrows and parts and accessories and providing for coordination of taxes under subsecs. (a) and (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–34 amended subsec. (b) generally. Prior to amendment, subsec. (b) consisted of pars. (1) to (3) imposing taxes on bows and arrows and parts and accessories and providing for coordination of taxes under subsecs. (a) and (b).

    Enacted provision · exact public law section
    (a) In General.— Subsection (b) of section 4161 (relating to imposition of tax) is amended to read as follows: “(b) Bows and Arrows, Etc.— “(1) Bows.— “(A) In general.— There is hereby imposed on the sale by the manufacturer, producer, or importer of any bow which has a draw weight of 10 pounds or more, a tax equal to 11 percent of the price for which so sold. “(B) Parts and accessories.— There is hereby imposed upon the sale by the manufacturer, producer, or importer— “(i) of any part of accessory suitable for inclusion in or attachment to a bow described in subparagraph (A), and “(ii) of any quiver suitable for use with arrows described in paragraph (2), a tax equivalent to 11 percent of the price for which so sold. “(2) Arrows.— There is hereby imposed on the sale by the manufacturer, producer, or importer of any shaft, point, nock, or vane of a type used in the manufacture of any arrow which after its assembly— “(A) measures 18 inches overall or more in length, or “(B) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (IKA), a tax equal to 12.4 percent of the price for which so sold. “(3) Coordination with subsection (a).— No tax shall be imposed under this subsection with respect to any article taxable under subsection (a).”.

  11. Pub. L. 108–357 § 333(a) · 118 Stat. 1418

    1. Added · 26 U.S.C. § 4161(a)(3); 26 U.S.C. § 4161(a)(4)

      Pub. L. 108–357, § 333(a), added par. (3)

    2. Redesignated · 26 U.S.C. § 4161(a)(3); 26 U.S.C. § 4161(a)(4)

      Pub. L. 108–357, § 333(a), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (a)(3), (4). Pub. L. 108–357, § 333(a), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (a) In General.— Subsection (a) of section 4161 (relating to sport fishing equipment) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: “(3) 3 percent rate of tax for tackle boxes.— In the case of fishing tackle boxes, paragraph (1) shall be applied by substituting ‘3 percent’ for ‘10 percent’.” .

  12. Pub. L. 108–357 § 332(a) · 118 Stat. 1418

    1. Amended · 26 U.S.C. § 4161(b)(1)

      Pub. L. 108–357, § 332(a), reenacted heading without change and amended text of par. (1) generally

    2. Substituted · 26 U.S.C. § 4161(b)(1)

      Pub. L. 108–357, § 332(a), reenacted heading without change and substituting provisions imposing a tax on the sale of any bow which has a peak draw weight of 30 pounds or more, any part or accessory, and any quiver or broadhead suitable for use with an arrow described in par. (2), for provisions imposing a tax on the sale of any bow which has a draw weight of 10 pounds or more, any part of accessory, and any quiver suitable for use with arrows described in par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–357, § 332(a), reenacted heading without change and amended text of par. (1) generally, substituting provisions imposing a tax on the sale of any bow which has a peak draw weight of 30 pounds or more, any part or accessory, and any quiver or broadhead suitable for use with an arrow described in par. (2), for provisions imposing a tax on the sale of any bow which has a draw weight of 10 pounds or more, any part of accessory, and any quiver suitable for use with arrows described in par. (2).

    Enacted provision · exact public law section
    (a) Bows.— Paragraph (1) of section 4161(b) (relating to bows) is amended to read as follows: “(1) Bows.— “(A) In general.— There is hereby imposed on the sale by the manufacturer, producer, or importer of any bow which has a peak draw weight of 30 pounds or more, a tax equal to 11 percent of the price for which so sold. “(B) Archery equipment.— There is hereby imposed on the sale by the manufacturer, producer, or importer— “(i) of any part or accessory suitable for inclusion in or attachment to a bow described in subparagraph (A), and “(ii) of any quiver or broadhead suitable for use with an arrow described in paragraph (2), a tax equal to 11 percent of the price for which so sold.” .

  13. Pub. L. 108–357 § 332(c) · 118 Stat. 1418

    1. Substituted · 26 U.S.C. § 4161(b)(2)

      Pub. L. 108–357, § 332(c), substituted “Arrow components” for “Arrows” in heading

    2. Inserted · 26 U.S.C. § 4161(b)(2)

      Pub. L. 108–357, § 332(c), inserted “(other than broadheads)” after “point” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–357, § 332(c), substituted “Arrow components” for “Arrows” in heading and inserted “(other than broadheads)” after “point” in introductory provisions.

    Enacted provision · exact public law section
    (c) Conforming Amendments.— Section 4161(b)(2) is amended— (1) by inserting “(other than broadheads)” after “point”, and (2) by striking “Arrows.—” in the heading and inserting “Arrow components.—”.

  14. Pub. L. 108–357 § 332(b) · 118 Stat. 1418

    1. Added · 26 U.S.C. § 4161(b)(3); 26 U.S.C. § 4161(b)(4)

      Pub. L. 108–357, § 332(b), which directed the amendment of subsec. (b) by adding par. (3), relating to arrows

    2. Redesignated · 26 U.S.C. § 4161(b)(3); 26 U.S.C. § 4161(b)(4)

      Pub. L. 108–357, § 332(b), which directed the amendment of subsec. (b) by redesignating former par. (3) as (4), was repealed by Pub. L. 108–493, § 1(a). See Construction of 2004 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–357, § 332(b), which directed the amendment of subsec. (b) by adding par. (3), relating to arrows, and redesignating former par. (3) as (4), was repealed by Pub. L. 108–493, § 1(a). See Construction of 2004 Amendment note below.

    Enacted provision · exact public law section
    (b) Arrows.— Subsection (b) of section 4161 (relating to bows and arrows, etc.) is amended by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following: “(3) Arrows.— “(A) In general.— There is hereby imposed on the sale by the manufacturer, producer, or importer of any arrow, a tax equal to 12 percent of the price for which so sold. “(B) Exception.— In the case of any arrow of which the shaft or any other component has been previously taxed under paragraph (1) or (2)— “(i) section 6416(b)(3) shall not apply, and “(ii) the tax imposed by subparagraph (A) shall be an amount equal to the excess (if any) of— “(I) the amount of tax imposed by this paragraph (determined without regard to this subparagraph), over “(II) the amount of tax paid with respect to the tax imposed under paragraph (1) or (2) on such shaft or component. “(C) Arrow.— For purposes of this paragraph, the term ‘arrow’ means any shaft described in paragraph (2) to which additional components are attached.” .

  15. Pub. L. 108–493 § 1(c) · 118 Stat. 3984

    Substituted · 26 U.S.C. § 4161(b)(1)(B)(ii)

    Pub. L. 108–493, § 1(c), substituted “quiver, broadhead, or point” for “quiver or broadhead”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B)(ii). Pub. L. 108–493, § 1(c), substituted “quiver, broadhead, or point” for “quiver or broadhead”.

    Enacted provision · exact public law section
    (c) Arrow Points.— Clause (ii) of section 4161(b)(1)(B) (relating to archery equipment) of such Code is amended by striking “quiver or broadhead” and inserting “quiver, broadhead, or point”.

  16. Pub. L. 108–493 § 1(b) · 118 Stat. 3984

    1. Amended · 26 U.S.C. § 4161(b)(2)

      Pub. L. 108–493, § 1(b), amended heading and text of par. (2) generally

    2. Substituted · 26 U.S.C. § 4161(b)(2)

      Pub. L. 108–493, § 1(b), substituting provisions relating to arrows for provisions relating to arrow components

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–493, § 1(b), amended heading and text of par. (2) generally, substituting provisions relating to arrows for provisions relating to arrow components.

    Enacted provision · exact public law section
    (b) Tax on Arrow Shafts.— Paragraph (2) of section 4161(b) of the Internal Revenue Code of 1986 26 USC 4161. (relating to arrows) is amended to read as follows: “(2) Arrows.— “(A) In general.— There is hereby imposed on the first sale by the manufacturer, producer, or importer of any shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly— “(i) measures 18 inches overall or more in length, or “(ii) measures less than 18 inches overall in length but is suitable for use with a bow described in paragraph (1)(A), a tax equal to 39 cents per shaft. “(B) Adjustment for inflation.— “(i) In general.— In the case of any calendar year beginning after 2005, the 39-cent amount specified in subparagraph (A) shall be increased by an amount equal to the product of— “(I) such amount, multiplied by “(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting ‘2004’ for ‘1992’ in subparagraph (B) thereof. “(ii) Rounding.— If any increase determined under clause (i) is not a multiple of 1 cent, such increase shall be rounded to the nearest multiple of 1 cent.” .

  17. Pub. L. 108–493 § 1(a) · 118 Stat. 3984

    Repealed · 26 U.S.C. § 4161(b)(3); 26 U.S.C. § 4161(b)(4)

    Pub. L. 108–493, § 1(a), repealed Pub. L. 108–357, § 332(b). See note below

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 108–493, § 1(a), repealed Pub. L. 108–357, § 332(b). See note below.

    Enacted provision · exact public law section
    (a) Repeal.— Subsection (b) Applicability. of section 332 of the American Jobs Creation Act of 2004, Ante, p. 1477. and the amendments made by such subsection, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsection and amendments had never been enacted.

  18. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 11117(a) · 119 Stat. 1144

    1. Amended · 26 U.S.C. § 4161(a)(1)

      Pub. L. 109–59, § 11117(a), reenacted heading without change and amended text of par. (1) generally

    2. Amended · 26 U.S.C. § 4161(a)(1)

      Pub. L. 109–59, § 11117(a), reenacted heading without change and designating existing provisions as subpar. (A)

    3. Inserted · 26 U.S.C. § 4161(a)(1)

      Pub. L. 109–59, § 11117(a), reenacted heading without change and inserting subpar. heading

    4. Added · 26 U.S.C. § 4161(a)(1)

      Pub. L. 109–59, § 11117(a), reenacted heading without change and adding subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–59, § 11117(a), reenacted heading without change and amended text of par. (1) generally, designating existing provisions as subpar. (A), inserting subpar. heading, and adding subpar. (B).

    Enacted provision · exact public law section
    (a) In General.— Paragraph (1) of section 4161(a) (relating to sport fishing equipment) is amended to read as follows: “(1) Imposition of tax.— “(A) In general.— There is hereby imposed on the sale of any article of sport fishing equipment by the manufacturer, producer, or importer a tax equal to 10 percent of the price for which so sold. “(B) Limitation on tax imposed on fishing rods and poles.— The tax imposed by subparagraph (A) on any fishing rod or pole shall not exceed $10.” .

  19. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 11117(b) · 119 Stat. 1144

    Substituted · 26 U.S.C. § 4161(a)(2)

    Pub. L. 109–59, § 11117(b), substituted “paragraph (1)(A)” for “paragraph (1)” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 11117(b), substituted “paragraph (1)(A)” for “paragraph (1)” in two places.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Section 4161(a)(2) is amended by striking “paragraph (1)” both places it appears and inserting “paragraph (1)(A)”.

  20. Tax Technical Corrections Act of 2005

    Pub. L. 109–135 title IV § 412(uu) · 119 Stat. 2577

    Amended · 26 U.S.C. § 4161(a)(2)

    Pub. L. 109–135 amended heading and text of par. (2) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–135 amended heading and text of par. (2) generally. Prior to amendment, text read as follows:

    “(A) In general.—In the case of an electric outboard motor or a sonar device suitable for finding fish, paragraph (1)(A) shall be applied by substituting ‘3 percent’ for ‘10 percent’. “(B) $30 limitation on tax imposed on sonar devices suitable for finding fish.—The tax imposed by paragraph (1)(A) on any sonar device suitable for finding fish shall not exceed $30.”

    Enacted provision · exact public law section
    (uu) Paragraph (2) of section 4161(a) is amended to read as follows: “(2) 3 percent rate of tax for electric outboard motors.— In the case of an electric outboard motor, paragraph (1) shall be Applicability. applied by substituting ‘3 percent’ for ‘10 percent’.” .

  21. Tax Extenders and Alternative Minimum Tax Relief Act of 2008

    Pub. L. 110–343 div. C title V § 503(a) · 122 Stat. 3765

    1. Added · 26 U.S.C. § 4161(b)(2)(B); 26 U.S.C. § 4161(b)(2)(C)

      Pub. L. 110–343 added subpar. (B)

    2. Redesignated · 26 U.S.C. § 4161(b)(2)(B); 26 U.S.C. § 4161(b)(2)(C)

      Pub. L. 110–343 redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (C). Pub. L. 110–343 added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (a) In General.— Paragraph (2) of section 4161(b) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: “(B) Exemption for certain wooden arrow shafts.— Subparagraph (A) shall not apply to any shaft consisting of all natural wood with no laminations or artificial means of enhancing the spine of such shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture of any arrow which after its assembly— “(i) measures 5⁄16 of an inch or less in diameter, and “(ii) is not suitable for use with a bow described in paragraph (1)(A).” .

  22. Pub. L. 115–97 title I § 11002(d)(11) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 4161(b)(2)(C)(i)(II)

    Pub. L. 115–97 substituted “for ‘2016’ in subparagraph (A)(ii)” for “for ‘1992’ in subparagraph (B)”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C)(i)(II). Pub. L. 115–97 substituted “for ‘2016’ in subparagraph (A)(ii)” for “for ‘1992’ in subparagraph (B)”.

    Enacted provision · exact public law section
    (11) Section 4161(b)(2)(C)(i)(II) is amended by striking “for ‘1992’ in subparagraph (B)” and inserting “for ‘2016’ in subparagraph (A)(ii)”.

    Effective date note
    Amendment by Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title.

35 of 36 references resolved to an enrolled provision · 1 partial

Notes

Inflation Adjusted Items for Certain Years

For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.

Editorial Notes

Amendments1965–2017 · 9 rounds

2017

Subsec. (b)(2)(C)(i)(II). Pub. L. 115–97 substituted “for ‘2016’ in subparagraph (A)(ii)” for “for ‘1992’ in subparagraph (B)”.

2008

Subsec. (b)(2)(B), (C). Pub. L. 110–343 added subpar. (B) and redesignated former subpar. (B) as (C).

2005

Subsec. (a)(1). Pub. L. 109–59, § 11117(a), reenacted heading without change and amended text of par. (1) generally, designating existing provisions as subpar. (A), inserting subpar. heading, and adding subpar. (B).

Subsec. (a)(2). Pub. L. 109–135 amended heading and text of par. (2) generally. Prior to amendment, text read as follows:

“(A) In general.—In the case of an electric outboard motor or a sonar device suitable for finding fish, paragraph (1)(A) shall be applied by substituting ‘3 percent’ for ‘10 percent’.

“(B) $30 limitation on tax imposed on sonar devices suitable for finding fish.—The tax imposed by paragraph (1)(A) on any sonar device suitable for finding fish shall not exceed $30.”

Pub. L. 109–59, § 11117(b), substituted “paragraph (1)(A)” for “paragraph (1)” in two places.

2004

Subsec. (a)(3), (4). Pub. L. 108–357, § 333(a), added par. (3) and redesignated former par. (3) as (4).

Subsec. (b)(1). Pub. L. 108–357, § 332(a), reenacted heading without change and amended text of par. (1) generally, substituting provisions imposing a tax on the sale of any bow which has a peak draw weight of 30 pounds or more, any part or accessory, and any quiver or broadhead suitable for use with an arrow described in par. (2), for provisions imposing a tax on the sale of any bow which has a draw weight of 10 pounds or more, any part of accessory, and any quiver suitable for use with arrows described in par. (2).

Subsec. (b)(1)(B)(ii). Pub. L. 108–493, § 1(c), substituted “quiver, broadhead, or point” for “quiver or broadhead”.

Subsec. (b)(2). Pub. L. 108–493, § 1(b), amended heading and text of par. (2) generally, substituting provisions relating to arrows for provisions relating to arrow components.

Pub. L. 108–357, § 332(c), substituted “Arrow components” for “Arrows” in heading and inserted “(other than broadheads)” after “point” in introductory provisions.

Subsec. (b)(3), (4). Pub. L. 108–493, § 1(a), repealed Pub. L. 108–357, § 332(b). See note below.

Pub. L. 108–357, § 332(b), which directed the amendment of subsec. (b) by adding par. (3), relating to arrows, and redesignating former par. (3) as (4), was repealed by Pub. L. 108–493, § 1(a). See Construction of 2004 Amendment note below.

1997

Subsec. (b). Pub. L. 105–34 amended subsec. (b) generally. Prior to amendment, subsec. (b) consisted of pars. (1) to (3) imposing taxes on bows and arrows and parts and accessories and providing for coordination of taxes under subsecs. (a) and (b).

1986

Subsec. (b)(1)(B)(ii). Pub. L. 99–514 substituted a comma for the period at end.

1984

Subsec. (a). Pub. L. 98–369, § 1015(a), in amending subsec. (a) generally, designated existing provisions as par. (1), substituted “any article of sport fishing equipment by the manufacturer, producer, or importer” for “fishing rods, creels, reels, and artificial lures, baits, and flies (including parts or accessories of such articles sold on or in connection therewith, or with the sale thereof) by the manufacturer, producer, or importer”, and added pars. (2) and (3).

Subsec. (b)(1)(B). Pub. L. 98–369, § 1017(a), designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (b)(2)(A). Pub. L. 98–369, § 1017(b)(2), struck out “(other than a fishing reel)” after “part or accessory”.

Subsec. (b)(3). Pub. L. 98–369, § 1017(b)(1), added par. (3).

1972

Subsec. (a). Pub. L. 92–558, § 201(a)(1), designated existing provisions as subsec. (a) and inserted catchline.

Subsec. (b). Pub. L. 92–558, § 201(a)(2), added subsec. (b).

1965

Pub. L. 89–44 removed 10 percent tax on equipment for billiards, pool, bowling, trap shooting, cricket, croquet, badminton, curling, deck tennis, golf, lacrosse, polo, skiing, squash, table tennis, and tennis, and retained tax only for fishing equipment.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–97 applicable to taxable years beginning after , see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title.

Effective Date of 2008 Amendment

Pub. L. 110–343, div. C, title V, § 503(b), , 122 Stat. 3877, provided that: “The amendments made by this section [amending this section] shall apply to shafts first sold after the date of enactment of this Act [].”

Effective Date of 2005 Amendment

Pub. L. 109–59, title XI, § 11117(c), , 119 Stat. 1951, provided that: “The amendments made by this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after .”

Effective Date of 2004 Amendments

Pub. L. 108–493, § 1(d), , 118 Stat. 3985, provided that: “The amendments made by subsections (b) and (c) [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after .”

Pub. L. 108–357, title III, § 332(d), , 118 Stat. 1478, provided that: “The amendments made by this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after the date which is 30 days after the date of the enactment of this Act [].”

Pub. L. 108–357, title III, § 333(b), , 118 Stat. 1478, provided that: “The amendments made this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after .”

Effective Date of 1997 Amendment

Pub. L. 105–34, title XIV, § 1433(b), , 111 Stat. 1052, provided that: “The amendment made by subsection (a) [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after .”

Effective Date of 1984 Amendment

Amendment by section 1015(a) of Pub. L. 98–369 applicable with respect to articles sold by the manufacturer, producer, or importer after , see section 1015(e) of Pub. L. 98–369, set out as an Effective Date note under section 4162 of this title.

Pub. L. 98–369, div. A, title X, § 1017(c), , 98 Stat. 1021, provided that: “The amendments made by this section [amending this section] shall apply with respect to articles sold by the manufacturer, producer, or importer after .”

Effective Date of 1972 Amendment

Pub. L. 92–558, title II, § 201(b), , 86 Stat. 1173, as amended by Pub. L. 93–313, , 88 Stat. 238, provided that: “The amendments made by subsection (a) of this section [amending this section] shall apply with respect to articles sold by the manufacturer, producer, or importer thereof on or after .”

Effective Date of 1965 Amendment

Pub. L. 89–44, title VII, § 701(a), , 79 Stat. 155, provided that:

“(1)

In general.—

Except as otherwise provided in this subsection, the amendments made by titles I and II of this Act [enacting sections 4094 and 6424 of this title, amending this section and sections 4055, 4057, 4061, 4091, 4216, 4218, 4221, 4222, 4227, 6011, 6206, 6412, 6416, 6675, 7210, 7603, 7604, and 7605 of this title, repealing sections 4001 to 4003, 4011 to 4013, 4021, 4022, 4031, 4051 to 4053, 4111, 4121, 4131, 4141 to 4143, 4151, 4171 to 4173, 4191, 4192, 4201, 4211, and 4224 of this title, and amending provisions set out as a note under section 120 of Title 23, Highways] shall apply with respect to articles sold on or after the day after the date of the enactment of this Act [].

“(2)

Special rules.—

The amendments made by sections 201(b)(2) [amending section 4061 of this title] (relating to automobile parts and accessories) and 202(a) [amending section 4091 of this title] (relating to lubricating oil) shall apply with respect to articles sold on or after . The amendments made by section 202(b) [enacting section 6424 of this title] and (c) [enacting section 4094 and amending sections 6206, 6675, 7210, 7603, 7604, and 7605 of this title] (relating to payments with respect to lubricating oil) shall take effect . The amendments made by section 203 [repealing sections 4111, 4121, and 4131 of this title], insofar as they relate to the tax imposed by section 4131 (relating to electric light bulbs) of the Code, and the amendments made by section 208 [amending sections 4216, 4218, 4221, 4222, and 4227], insofar as they relate to the tax imposed by section 4061(b) (relating to automotive parts and accessories), section 4091 (relating to lubricating oil), or section 4131 (relating to electric light bulbs) of the Code, shall apply with respect to articles sold on or after . The amendments made by section 207 [amending sections 4216 and 6416 of this title] (relating to partial payments; sales of installment accounts) and 209(a) [amending section 6412 of this title] (relating to floor stocks refunds on passenger automobiles, etc.) shall take effect on the day after the date of the enactment of this Act []. The amendments made by section 210 [amending provisions set out as a note under section 120 of Title 23, Highways] (relating to Highway Trust Fund) shall take effect .

“(3)

Installment sales, etc.—

For purposes of paragraphs (1) and (2), an article shall not be considered sold before the day after the date of the enactment of this Act [] or before , as the case may be, unless possession or right to possession passes to the purchaser before such day or such date. In the case of—

“(A)

a lease,

“(B)

a contract for the sale of an article where it is provided that the price shall be paid by installments and title to the article sold does not pass until a future date notwithstanding partial payment by installments,

“(C)

a conditional sale, or

“(D)

a chattel mortgage arrangement wherein it is provided that the sale price shall be paid in installments,

entered into before such day or such date, payments made on or after such day or such date with respect to the article leased or sold shall, for purposes of this subsection, be considered as payments made with respect to an article sold on or after such day or such date, if the lessor or vendor establishes that the amount of payments payable on or after such day or such date with respect to such article has been reduced by an amount equal to the tax reduction applicable with respect to the lease or sale of such article.

“(4)

Electric light bulbs used in manufacture of articles upon which tax is repealed.—

For purposes of applying section 4218(a) of the Code with respect to the use of an electric light bulb or tube by the manufacturer, producer, or importer thereof, and for purposes of applying section 4221(d)(6)(A) of the Code with respect to the sale of an electric light bulb or tube for use in further manufacture, an article which was taxable under chapter 32 of the Code on the date of the enactment of this Act [] shall, during the period beginning with the day after the date of the enactment of this Act through , be treated as an article taxable under such chapter.”

Construction of 2004 Amendment

Pub. L. 108–493, § 1(a), , 118 Stat. 3984, provided that: “Subsection (b) of section 332 of the American Jobs Creation Act of 2004 [Pub. L. 108–357], and the amendments made by such subsection [amending this section], are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsection and amendments had never been enacted.”

Credits

1954–2017 · 12 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 489
  2. 1965Pub. L. 89–44, title II, § 205(a), , 79 Stat. 140
  3. 1972Pub. L. 92–558, title II, § 201(a), , 86 Stat. 1173
  4. 1984Pub. L. 98–369, div. A, title X, §§ 1015(a), 1017(a), (b), , 98 Stat. 1017, 1021
  5. 1986Pub. L. 99–514, title XVIII, § 1899A(48), , 100 Stat. 2961
  6. 1997Pub. L. 105–34, title XIV, § 1433(a), , 111 Stat. 1051
  7. 2004Pub. L. 108–357, title III, §§ 332(a)–(c), 333(a), , 118 Stat. 1477, 1478
  8. 2004Pub. L. 108–493, § 1(a)–(c), , 118 Stat. 3984
  9. 2005Pub. L. 109–59, title XI, § 11117(a), (b), , 119 Stat. 1951
  10. 2005Pub. L. 109–135, title IV, § 412(uu), , 119 Stat. 2640
  11. 2008Pub. L. 110–343, div. C, title V, § 503(a), , 122 Stat. 3877
  12. 2017Pub. L. 115–97, title I, § 11002(d)(11), , 131 Stat. 2062.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 489; Pub. L. 89–44, title II, § 205(a), , 79 Stat. 140; Pub. L. 92–558, title II, § 201(a), , 86 Stat. 1173; Pub. L. 98–369, div. A, title X, §§ 1015(a), 1017(a), (b), , 98 Stat. 1017, 1021; Pub. L. 99–514, title XVIII, § 1899A(48), , 100 Stat. 2961; Pub. L. 105–34, title XIV, § 1433(a), , 111 Stat. 1051; Pub. L. 108–357, title III, §§ 332(a)–(c), 333(a), , 118 Stat. 1477, 1478; Pub. L. 108–493, § 1(a)–(c), , 118 Stat. 3984; Pub. L. 109–59, title XI, § 11117(a), (b), , 119 Stat. 1951; Pub. L. 109–135, title IV, § 412(uu), , 119 Stat. 2640; Pub. L. 110–343, div. C, title V, § 503(a), , 122 Stat. 3877; Pub. L. 115–97, title I, § 11002(d)(11), , 131 Stat. 2062.)

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USLM identifier /us/usc/t26/s4161