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Title 26 — Internal Revenue Code

Part III · Chapter 32 — Manufacturers Excise Taxes

§ 4182. Exemptions

Statutory text

(a)

Machine guns and short barrelled firearms

The tax imposed by section 4181 shall not apply to any firearm on which the tax provided by section 5811 has been paid. For purposes of the preceding sentence, any firearm described in section 5811(a)(2) shall be deemed to be a firearm on which the tax provided by section 5811 has been paid.

(b)

Sales to defense department

No firearms, pistols, revolvers, shells, and cartridges purchased with funds appropriated for the military department shall be subject to any tax imposed on the sale or transfer of such articles.

(c)

Small manufacturers, etc.

(1)

In general

The tax imposed by section 4181 shall not apply to any pistol, revolver, or firearm described in such section if manufactured, produced, or imported by a person who manufactures, produces, and imports less than an aggregate of 50 of such articles during the calendar year.

(2)

Controlled groups

All persons treated as a single employer for purposes of subsection (a) or (b) of section 52 shall be treated as one person for purposes of paragraph (1).

(d)

Records

Notwithstanding the provisions of sections 922(b)(5) and 923(g) of title 18, United States Code, no person holding a Federal license under chapter 44 of title 18, United States Code, shall be required to record the name, address, or other information about the purchaser of shotgun ammunition, ammunition suitable for use only in rifles generally available in commerce, or component parts for the aforesaid types of ammunition.

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. 490 · 68A Stat. 490

    Enacted · 26 U.S.C. § 4182

    Aug. 16, 1954, ch. 736, 68A Stat. 490

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 490

  2. Interest Equalization Tax Extension Act of 1969

    Pub. L. 91–128 § 5 · 83 Stat. 261

    Added · 26 U.S.C. § 4182(c)

    Pub. L. 91–128 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 91–128 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 5. AMMUNITION RECORDKEEPING REQUIREMENTS. Section 4182 (relating to exemptions from tax on certain firearms 68A Stat. 490. and ammunition) is amended by adding at the end thereof the following new subsection: “(c) Records.— Notwithstanding the provisions of sections 922(b)(5) and 923(g) of title 18, United States Code, no person holding a Federal license under chapter 44 of title 18, United States Code, shall be required to record the name, address, or other information about the 82 Stat. 1214. 18 USC 921–928. purchaser of shotgun ammunition, ammunition suitable for use only in rifles generally available in commerce, or component parts for the aforesaid types of ammunition.”

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

    Pub. L. 109–59 title XI § 11131(a) · 119 Stat. 1144

    1. Added · 26 U.S.C. § 4182(c); 26 U.S.C. § 4182(d)

      Pub. L. 109–59 added subsec. (c)

    2. Redesignated · 26 U.S.C. § 4182(c); 26 U.S.C. § 4182(d)

      Pub. L. 109–59 redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 109–59 added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (a) Small Manufacturers Exempt From Firearms Excise Tax.— Section 4182 (relating to exemptions) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: “(c) Small Manufacturers, Etc.— “(1) In general.— The tax imposed by section 4181 shall not apply to any pistol, revolver, or firearm described in such section if manufactured, produced, or imported by a person who manufactures, produces, and imports less than an aggregate of 50 of such articles during the calendar year. “(2) Controlled groups.— All persons treated as a single employer for purposes of subsection (a) or (b) of section 52 shall be treated as one person for purposes of paragraph (1).” .

  4. Pub. L. 119–21 title VII § 70436(c) · 139 Stat. 247

    Inserted · 26 U.S.C. § 4182(a)

    Pub. L. 119–21 inserted at end “For purposes of the preceding sentence, any firearm described in section 5811(a)(2) shall be deemed to be a firearm on which the tax provided by section 5811 has been paid.”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–21 inserted at end “For purposes of the preceding sentence, any firearm described in section 5811(a)(2) shall be deemed to be a firearm on which the tax provided by section 5811 has been paid.”

    Effective date note
    Pub. L. 119–21, title VII, § 70436(d), July 4, 2025, 139 Stat. 248, provided that: “The amendments made by this section [amending this section and sections 5811 and 5821 of this title] shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act [July 4, 2025].”

3 of 5 references resolved to an enrolled provision · 1 partial · 1 unresolved

Editorial Notes

Amendments1969–2025 · 3 rounds

2025

Subsec. (a). Pub. L. 119–21 inserted at end “For purposes of the preceding sentence, any firearm described in section 5811(a)(2) shall be deemed to be a firearm on which the tax provided by section 5811 has been paid.”

2005

Subsecs. (c), (d). Pub. L. 109–59 added subsec. (c) and redesignated former subsec. (c) as (d).

1969

Subsec. (c). Pub. L. 91–128 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–21, title VII, § 70436(d), , 139 Stat. 248, provided that: “The amendments made by this section [amending this section and sections 5811 and 5821 of this title] shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act [].”

Effective Date of 2005 Amendment

Pub. L. 109–59, title XI, § 11131(b), , 119 Stat. 1959, provided that:

“(1)

In general.—

The amendments made by this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after .

“(2)

No inference.—

Nothing in the amendments made by this section shall be construed to create any inference with respect to the proper tax treatment of any sales before the effective date of such amendments.”

Short Title of 1969 Amendment

Pub. L. 91–128, § 1(a), , 83 Stat. 261, provided that: “This Act [amending this section and sections 4911, 4912, 4914, 4915, 4919, 4920, 6011, and 6680 of this title and enacting provisions set out as notes under section 6680 of this title] may be cited as the ‘Interest Equalization Tax Extension Act of 1969’.”

Credits

1954–2025 · 4 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 490
  2. 1969Pub. L. 91–128, § 5, , 83 Stat. 269
  3. 2005Pub. L. 109–59, title XI, § 11131(a), , 119 Stat. 1959
  4. 2025Pub. L. 119–21, title VII, § 70436(c), , 139 Stat. 247.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 490; Pub. L. 91–128, § 5, , 83 Stat. 269; Pub. L. 109–59, title XI, § 11131(a), , 119 Stat. 1959; Pub. L. 119–21, title VII, § 70436(c), , 139 Stat. 247.)

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