§ 3321. — Imposition of tax.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 26USC3321]
TITLE 26--INTERNAL REVENUE CODE
Subtitle C--Employment Taxes
CHAPTER 23A--RAILROAD UNEMPLOYMENT REPAYMENT TAX
Sec. 3321. Imposition of tax
(a) General rule
There is hereby imposed on every rail employer for each calendar
month an excise tax, with respect to having individuals in his employ,
equal to 4 percent of the total rail wages paid by him during such
month.
(b) Tax on employee representatives
(1) In general
There is hereby imposed on the income of each employee
representative a tax equal to 4 percent of the rail wages paid to
him during the calendar month.
(2) Determination of wages
The rail wages of an employee representative for purposes of
paragraph (1) shall be determined in the same manner and with the
same effect as if the employee organization by which such employee
representative is employed were a rail employer.
(c) Termination if loans to railroad unemployment fund repaid
The tax imposed by this section shall not apply to rail wages paid
on or after the 1st day of any calendar month if, as of such 1st day,
there is--
(1) no balance of transfers made before October 1, 1985, to the
railroad unemployment insurance account under section 10(d) of the
Railroad Unemployment Insurance Act, and
(2) no unpaid interest on such transfers.
(Added Pub. L. 98-76, title II, Sec. 231(a), Aug. 12, 1983, 97 Stat.
426; amended Pub. L. 99-272, title XIII, Sec. 13301(a), Apr. 7, 1986,
100 Stat. 325; Pub. L. 100-647, title I, Sec. 1018(u)(17), title VIII,
Sec. 7106(a), Nov. 10, 1988, 102 Stat. 3590, 3772.)
References in Text
Section 10(d) of the Railroad Unemployment Insurance Act, referred
to in subsec. (c)(1), is classified to section 360(d) of Title 45,
Railroads.
Amendments
1988--Pub. L. 100-647, Sec. 7106(a), amended section generally,
revising and restating provisions of subsecs. (a) and (b) and specifying
imposition of 4 percent tax on rail wages rather than a tax based on the
``applicable percentage'' of rail wages, and in subsec. (c) substituting
provisions relating to termination if loans to railroad unemployment
fund repaid for provisions relating to rates of tax.
Pub. L. 100-647, Sec. 1018(u)(17), added a period at end of par.
(4).
1986--Subsec. (c). Pub. L. 99-272 amended subsec. (c) generally.
Prior to amendment subsec. (c) read as follows:
``(c) Rate of Tax.--For purposes of this section--
``(1) For taxable period july 1 through december 31, 1986.--The
applicable percentage for the taxable period beginning on July 1,
1986, and ending on December 31, 1986, shall be 2 percent.
``(2) Subsequent taxable periods.--The applicable percentage for
any taxable period beginning after 1986 shall be the sum of--
``(A) 2 percent, plus
``(B) 0.3 percent for each preceding taxable period.
In no event shall the applicable percentage exceed 5 percent.''
Effective Date of 1988 Amendment
Amendment by section 1018(u)(17) of Pub. L. 100-647 effective,
except as otherwise provided, as if included in the provision of the Tax
Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see
section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
Section 7106(d) of Pub. L. 100-647 provided that: ``The amendments
made by this section [amending this section and sections 3322, 6157,
6201, 6317, 6513, and 6601 of this title, omitting section 3323 of this
title, and amending provisions set out as a note under section 231n of
Title 45, Railroads], and the provisions of subsection (b) [set out
below], shall apply to remuneration paid after December 31, 1988.''
Effective Date
Section 231(d) of Pub. L. 98-76 provided that: ``The amendments made
by this section [enacting this chapter and amending sections 6157, 6201,
6317, 6513, and 6601 of this title] shall apply to remuneration paid
after June 30, 1986.''
Continuation of Surtax Rate Through 1990
Section 7106(b) of Pub. L. 100-647 provided that:
``(1) In general.--In the case of any calendar month beginning
before January 1, 1991--
``(A) there shall be substituted for `4 percent' in subsections
(a) and (b) of section 3321 of the 1986 Code the percentage equal to
the sum of--
``(i) 4 percent, plus
``(ii) the surtax rate (if any) for such calendar month, and
``(B) subsection (c) of such section shall not apply to so much
of the tax imposed by such section as is attributable to the surtax
rate.
``(2) Surtax rate.--For purposes of paragraph (1), the surtax rate
shall be--
``(A) 3.5 percent for each month during a calendar year if, as
of September 30, of the preceding calendar year, there was a balance
of transfers (or unpaid interest thereon) made after September 30,
1985, to the railroad unemployment insurance account under section
10(d) of the Railroad Unemployment Insurance Act [45 U.S.C. 360(d)],
and
``(B) zero for any other calendar month.''
Section Referred to in Other Sections
This section is referred to in title 45 section 358; title 49
section 24104.
