§ 4901. — Payment 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: 26USC4901]
TITLE 26--INTERNAL REVENUE CODE
Subtitle D--Miscellaneous Excise Taxes
CHAPTER 40--GENERAL PROVISIONS RELATING TO OCCUPATIONAL TAXES
Sec. 4901. Payment of tax
(a) 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.
(b) 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.
(Aug. 16, 1954, ch. 736, 68A Stat. 593; Pub. L. 89-44, title IV,
Sec. 405(b), June 21, 1965, 79 Stat. 149; Pub. L. 91-513, title III,
Sec. 1102(a), Oct. 27, 1970, 84 Stat. 1292; Pub. L. 94-455, title XIX,
Sec. 1904(a)(19), Oct. 4, 1976, 90 Stat. 1814; Pub. L. 95-600, title V,
Sec. 521(c)(2), Nov. 6, 1978, 92 Stat. 2884.)
Amendments
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)''.
Effective Date of 1978 Amendment
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.
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 Oct. 4, 1976, 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 Oct. 26, 1970, 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 July 1, 1965, 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 Dec. 1, 1974, 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.
Section Referred to in Other Sections
This section is referred to in section 4413 of this title.
