§ 4401. Imposition of tax

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. 1954

   Aug. 16, 1954, ch. 736, 68A Stat. 525 · 68A Stat. 525

   Enacted · 26 U.S.C. § 4401

   Aug. 16, 1954, ch. 736, 68A Stat. 525

   Source evidence

   Code source credit
   Aug. 16, 1954, ch. 736, 68A Stat. 525

2. 1958

   Pub. L. 85–859 title I § 151(a) · 72 Stat. 1275

   Changed · 26 U.S.C. § 4401(c)

   Pub. L. 85–859 made all persons required to register under section 4412 of this title who receive wagers for or on behalf of another person without having registered under section 4412 of this title the name and place of residence of such other person liable for the tax on all such wagers received by them

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 85–859 made all persons required to register under section 4412 of this title who receive wagers for or on behalf of another person without having registered under section 4412 of this title the name and place of residence of such other person liable for the tax on all such wagers received by them.

   Enacted provision · exact public law section
   (a) Failure To Register Name of Principal.— Section 4401 (c) 26 USC 4401. (persons liable for tax on wagers) is amended by adding at the end thereof the following: “Any person required to register under section 26 USC 4412. 4412 who receives wagers for or on behalf of another person without having registered under section 4412 the name and place of residence of such other person shall be liable for and shall pay the tax under this subchapter on all such wagers received by him.”

3. 1974

   Pub. L. 93–499 § 3(a) · 88 Stat. 1549

   Substituted · 26 U.S.C. § 4401(a)

   Pub. L. 93–499 substituted “2 percent” for “10 percent”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–499 substituted “2 percent” for “10 percent”.

   Enacted provision · exact public law section
   (a) Tax on Wagers.— Section 4401 of the Internal Revenue Code of 26 USC 4401. 1954 (relating to imposition of tax on wagers) is amended by striking out “10 percent” and inserting in lieu thereof “2 percent”.

4. 1976

   Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520

   Struck · 26 U.S.C. § 4401(b)

   Pub. L. 94–455 struck out “or his delegate” after “Secretary”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

   Enacted provision · exact public law section
   (A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.

5. 1982

   Pub. L. 97–362 title I § 109(a) · 96 Stat. 1726

   Substituted · 26 U.S.C. § 4401(a)

   Pub. L. 97–362 substituted provision that there shall be imposed on any wager authorized under the law of the State in which accepted an excise tax equal to 0.25 percent of the amount of such wager and that there shall be imposed on any other wager an excise tax equal to 2 percent of the amount of such wager for provision that there be imposed on wagers, as defined in section 4421, an excise tax equal to 2 percent of the amount thereof

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–362 substituted provision that there shall be imposed on any wager authorized under the law of the State in which accepted an excise tax equal to 0.25 percent of the amount of such wager and that there shall be imposed on any other wager an excise tax equal to 2 percent of the amount of such wager for provision that there be imposed on wagers, as defined in section 4421, an excise tax equal to 2 percent of the amount thereof.

   Enacted provision · exact public law section
   (a) Tax on Wagers.— Subsection (a) of section 4401 (relating to 26 USC 4401. wagers) is amended to read as follows: “(a) Wagers.— “(1) State authorized wagers.— There shall be imposed on any wager authorized under the law of the State in which accepted an excise tax equal to 0.25 percent of the amount of such wager. “(2) Unauthorized wagers.— There shall be imposed on any wager not described in paragraph (1) an excise tax equal to 2 percent of the amount of such wager.”

   Effective date note
   Pub. L. 97–362, title I, § 109(c)(1), Oct. 25, 1982, 96 Stat. 1731, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1983.”

4 of 5 references resolved to an enrolled provision · 1 partial