Title 26 — Internal Revenue Code
Chapter 40 — General Provisions Relating to Occupational Taxes
§ 4901. Payment of tax
Statutory text
Condition precedent to carrying on certain business
No person shall be engaged in or carry on any trade or business subject to the tax imposed by section 4411 (wagering) until he has paid the special tax therefor.
Computation
All special taxes shall be imposed as of on the first day of July in each year, or on commencing any trade or business on which such tax is imposed. In the former case the tax shall be reckoned for 1 year, and in the latter case it shall be reckoned proportionately, from the first day of the month in which the liability to a special tax commenced, to and including the 30th day of June following.
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.
Aug. 16, 1954, ch. 736, 68A Stat. 593 · 68A Stat. 593
Enacted · 26 U.S.C. § 4901
Aug. 16, 1954, ch. 736, 68A Stat. 593
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 593Excise Tax Reduction Act of 1965
Pub. L. 89–44 title IV § 405(b) · 79 Stat. 136
Substituted · 26 U.S.C. § 4901(a)
Pub. L. 89–44 substituted “4461(a)(1)” for “4461(2)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–44 substituted “4461(a)(1)” for “4461(2)”.Enacted provision · exact public law section
(b) Section 4901 (a) (relating to payment of tax as condition precedent 68A Stat. 593. to carrying on certain business) is amended by striking out “4461(2)” and inserting in lieu thereof “4461(a)(1)”.Controlled Substances Import and Export Act
Pub. L. 91–513 title III § 1102(a) · 84 Stat. 1236
Struck · 26 U.S.C. § 4901(a)
Pub. L. 91–513 struck out references to tax imposed by sections 4721 (narcotic drugs) and 4751 (marihuana)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–513 struck out references to tax imposed by sections 4721 (narcotic drugs) and 4751 (marihuana).Enacted provision · exact public law section
(a) Section 4901(a) of the Internal Revenue Code of 68A Stat. 593; 79 Stat. 149. 1954 is amended by striking out the comma immediately before “4461” and inserting in lieu thereof “or”, and by striking out “, 4721 (narcotic drugs), or 4751 (marihuana)”.Pub. L. 94–455 title XIX § 1904(a)(19) · 90 Stat. 1520
Struck · 26 U.S.C. § 4901(c)
Pub. L. 94–455 struck out subsec. (c) which provided that all special taxes should be paid by stamp and made reference to subtitle F for authority of the Secretary to make assessments where special taxes have not been duly paid by stamp
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–455 struck out subsec. (c) which provided that all special taxes should be paid by stamp and made reference to subtitle F for authority of the Secretary to make assessments where special taxes have not been duly paid by stamp.Enacted provision · exact public law section
(19) Amendment of section 4901.— Section 4901 (relating to payment of occupational taxes) is amended by striking out subsection (c).Pub. L. 95–600 title V § 521(c)(2) · 92 Stat. 2763
Struck · 26 U.S.C. § 4901(a)
Pub. L. 95–600 struck out “or 4461(a)(1) (coin-operated gaming devices)” after “(wagering)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–600 struck out “or 4461(a)(1) (coin-operated gaming devices)” after “(wagering)”.Enacted provision · exact public law section
“(2) Coin-operated devices.— On any wager placed in a coin-operated 26 USC 4462. device (as defined in section 4462 as in effect for years beginning before July 1, 1980), or on any amount paid, in lieu of inserting a coin, token, or similar object, to operate a device described in section 4462(a)(2) (as so in effect), or”.Effective date note
Amendment by Pub. L. 95–600 applicable with respect to years beginning after June 30, 1980, see section 521(d)(2) of Pub. L. 95–600, set out as a note under section 4402 of this title.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1965–1978 · 4 rounds
1978
Subsec. (a). Pub. L. 95–600 struck out “or 4461(a)(1) (coin-operated gaming devices)” after “(wagering)”.
1976
Subsec. (c). Pub. L. 94–455 struck out subsec. (c) which provided that all special taxes should be paid by stamp and made reference to subtitle F for authority of the Secretary to make assessments where special taxes have not been duly paid by stamp.
1970
Subsec. (a). Pub. L. 91–513 struck out references to tax imposed by sections 4721 (narcotic drugs) and 4751 (marihuana).
1965
Subsec. (a). Pub. L. 89–44 substituted “4461(a)(1)” for “4461(2)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–600 applicable with respect to years beginning after , see section 521(d)(2) of Pub. L. 95–600, set out as a note under section 4402 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–455 effective on first day of first month which begins more than 90 days after , see section 1904(d) of Pub. L. 94–455, set out as a note under section 4041 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after , see section 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–44 applicable on and after , see section 701(c)(2) of Pub. L. 89–44, set out in part as a note under section 4402 of this title.
Savings Provision
Prosecution for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under section 171 of Title 21, Food and Drugs.
Persons Engaged in Activities on December 1, 1974, Requiring Payment of Wagering Tax
Person on , engaging in an activity making him liable for payment of tax imposed by section 4411 of this title (as in effect on such date) to be treated as commencing such activity on such date for purposes of this section and section 4411 of this title, see section 3(d)(2) of Pub. L. 93–499, set out as a note under section 4411 of this title.
Credits
1954–1978 · 5 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 593
- 1965Pub. L. 89–44, title IV, § 405(b), , 79 Stat. 149
- 1970Pub. L. 91–513, title III, § 1102(a), , 84 Stat. 1292
- 1976Pub. L. 94–455, title XIX, § 1904(a)(19), , 90 Stat. 1814
- 1978Pub. L. 95–600, title V, § 521(c)(2), , 92 Stat. 2884.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 593; Pub. L. 89–44, title IV, § 405(b), , 79 Stat. 149; Pub. L. 91–513, title III, § 1102(a), , 84 Stat. 1292; Pub. L. 94–455, title XIX, § 1904(a)(19), , 90 Stat. 1814; Pub. L. 95–600, title V, § 521(c)(2), , 92 Stat. 2884.)