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26 U.S.C. § 4401 — Imposition of tax

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4401 — Imposition of tax

**(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. **(b) Amount of wager** In determining the amount of any wager for the purposes of this subchapter, all charges incident to the placing of such wager shall be included; except that if the taxpayer establishes, in accordance with regulations prescribed by the Secretary, that an amount equal to the tax imposed by this subchapter has been collected as a separate charge from the person placing such wager, the amount so collected shall be excluded. **(c) Persons liable for tax** Each person who is engaged in the business of accepting wagers shall be liable for and shall pay the tax under this subchapter on all wagers placed with him. Each person who conducts any wagering pool or lottery shall be liable for and shall pay the tax under this subchapter on all wagers placed in such pool or lottery. Any person required to register under section 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.

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Source location: Title 26, Chapter 35, § 4401; chapter-035-taxes-on-wagering.md

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4412 — Registration

**(a) Requirement** Each person required to pay a special tax under this subchapter shall register with the official in charge of the internal revenue district— (1) his name and place of residence; (2) if he is liable for tax under subchapter A, each place of business where the activity which makes him so liable is carried on, and the name and place of residence of each person who is engaged in receiving wagers for him or on his behalf; and (3) if he is engaged in receiving wagers for or on behalf of any person liable for tax under subchapter A, the name and place of residence of each such person. **(b) Firm or company** Where subsection (a) requires the name and place of residence of a firm or company to be registered, the names and places of residence of the several persons constituting the firm or company shall be registered. **(c) Supplemental information** In accordance with regulations prescribed by the Secretary, the Secretary may require from time to time such supplemental information from any person required to register under this section as may be needful to the enforcement of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4411 — Imposition of tax

**(a) In general** There shall be imposed a special tax of $500 per year to be paid by each person who is liable for the tax imposed under section 4401 or who is engaged in receiving wagers for or on behalf of any person so liable. **(b) Authorized persons** Subsection (a) shall be applied by substituting “$50” for “$500” in the case of— (1) any person whose liability for tax under section 4401 is determined only under paragraph (1) of section 4401(a), and (2) any person who is engaged in receiving wagers only for or on behalf of persons described in paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4424 — Disclosure of wagering tax information

**(a) General rule** Except as otherwise provided in this section, neither the Secretary nor any other officer or employee of the Treasury Department may divulge or make known in any manner whatever to any person— (1) any original, copy, or abstract of any return, payment, or registration made pursuant to this chapter, (2) any record required for making any such return, payment, or registration, which the Secretary is permitted by the taxpayer to examine or which is produced pursuant to section 7602, or (3) any information come at by the exploitation of any such return, payment, registration, or record. **(b) Permissible disclosure** A disclosure otherwise prohibited by subsection (a) may be made in connection with the administration or civil or criminal enforcement of any tax imposed by this title. However, any document or information so disclosed may not be— (1) divulged or made known in any manner whatever by any officer or employee of the United States to any person except in connection with the administration or civil or criminal enforcement of this title, nor (2) used, directly or indirectly, in any criminal prosecution for any offense occurring before the date of enactment of this section. **(c) Use of documents possessed by taxpayer** Except in connection with the administration or civil or criminal enforcement of any tax imposed by this title— (1) any stamp denoting payment of the special tax under this chapter, (2) any original, copy, or abstract possessed by a taxpayer of any return, payment, or registration made by such taxpayer pursuant to this chapter, and (3) any information come at by the exploitation of any such document, shall not be used against such taxpayer in any criminal proceeding. **(d) Inspection by committees of Congress** Section 6

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4401 — Imposition of tax

Page 2973 TITLE 26—INTERNAL REVENUE CODE § 4402 1 Section numbers editorially supplied. Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(3)(A), (B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Section 4(d) of the Indian Health Care Improvement Act, referred to in subsec. (b)(3)(D), is classified to sec- tion 1603(d) of Title 25, Indians. CHAPTER 35—TAXES ON WAGERING Subchapter Sec.1 A. Tax on wagers ........................................ 4401 B. Occupational tax ................................... 4411 C. Miscellaneous provisions ....................... 4421 Subchapter A—Tax on Wagers Sec. 4401. Imposition of tax. 4402. Exemptions. 4403. Record requirements. 4404. Territorial extent. 4405. Cross references. § 4401. Imposition of tax (a) Wagers (1) State authorized wagers There shall be imposed on any wager author- ized under the law of the State in which ac- cepted 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 de- scribed in paragraph (1) an excise tax equal to 2 percent of the amount of such wager. (b) Amount of wager In determining the amount of any wager for the purposes of this subchapter, all charges inci- dent to the placing of such wager shall be in- cluded; except that if the taxpayer establishes, in accordance with regulations prescribed by the Secretary, that an amount equal to the tax im

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