26 U.S.C. § 4905 — Liability in case of death or change of location
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 197 words · no verdicts yet
A person who paid the special tax for a business may continue that business at the same place after a death or move without paying another tax, if the required registration is made. It also points to a separate registration rule for wagering.
(a) Requirements. If a person who paid the special tax for a trade or business* dies, the person’s spouse or child, executor, administrator, or other legal representative may occupy the same house or premises and carry on the same business there for the rest of the period covered by the tax, without paying an additional tax. If a person moves the business from the taxed house or premises to another place, that person may carry on the business listed in the register kept by the official in charge of the internal-revenue district where the person moved, without paying an additional tax. In every case involving a death, change, or move, the successor of the deceased person, or the person making the change or move, must be registered with the Secretary* under the Secretary’s regulations.
(b) Registration. For registration in a wagering case, see section 4412.
When any person who has paid the special tax for any trade or business* dies, his spouse or child, or executors or administrators or other legal representatives, may occupy the house or premises, and in like manner carry on, for the residue of the term for which the tax is paid, the same trade or business as the deceased before carried on, in the same house and upon the same premises, without the payment of any additional tax. When any person removes from the house or premises for which any trade or business was taxed to any other place, he may carry on the trade or business specified in the register kept in the office of the official in charge of the internal revenue district at the place to which he removes, without the payment of any additional tax: Provided, That all cases of death, change, or removal, as aforesaid, with the name of the successor to any person deceased, or of the person making such change or removal, shall be registered with the Secretary*, under regulations to be prescribed by the Secretary.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 594; Pub. L. 89–44, title IV, § 405(c), June 21, 1965, 79 Stat. 149; Pub. L. 91–513, title III, § 1102(b), Oct. 27, 1970, 84 Stat. 1292; Pub. L. 94–455, title XIX, §§ 1904(a)(20), (b)(8)(A), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1814, 1816, 1834.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1965Amended · Pub. L. 89-44 · 79 Stat. 149
- 1970Amended · Pub. L. 91-513 · 84 Stat. 1292
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1814, 1816, 1834
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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