26 U.S.C. § 6302 — Mode or time of collection
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 1,077 words · no verdicts yet
Mode or time of collection. This section states the applicable rules, duties, definitions, or restrictions.
(a) If this title does not set the method or time for collecting a tax, the Secretary* may set it by regulation. (b) Whether or not this title specifically states how to collect a tax imposed by chapter 21, 31, 32, or 33 or section 4481, regulations may allow collection through returns, stamps, coupons, tickets, books, or other reasonable devices or methods needed or helpful for complete collection. (c) The Secretary may authorize Federal Reserve banks and specified United States depositaries or financial agents to receive internal-revenue taxes and must set when and under what conditions those receipts count as payment to the Secretary. (d) Recreational-equipment taxes under subchapter D of chapter 32 are due on the return-filing date. (e) For semimonthly amounts considered collected under sections 4251, 4261(a) or (b), deposits generally are due by the third non-weekend, non-holiday day after the first week of the second semimonthly period following the collection period. Taxes in bills or tickets from September 1 through 11 are due September 29; if September 29 is Saturday, the due date is September 28, and if Sunday, September 30. For taxpayers not required to use electronic funds transfer, substitute September 10 and September 28 for September 11 and September 29. (f) For subtitle D excise taxes, deposits for September 16 through 26 are due September 29, with the stated alternative rule for ozone-depleting chemicals, the September 25/10/28 substitutions for taxpayers not using electronic transfer, and the preceding-day or following-day rule when a due date falls on Saturday or Sunday. (g) A person required to deposit chapters 21, 22, and 24 taxes on an eighth-month basis must deposit them on the first banking day after having $100,000 or more to deposit. (h) The Secretary must establish an electronic-fund*-transfer system for depository taxes so Treasury receives the money on the date it otherwise would have been deposited; regulations may provide exemptions. “Depository tax” means a tax for which the Secretary may require deposits. “Electronic fund transfer” means a non-check, non-draft, non-paper transfer initiated electronically or by telephone or computer to direct a financial institution or intermediary to debit or credit an account. Taxes required to be paid electronically under sections 5061(e) or 5703(b) must be paid consistently with this timing rule.
If the mode or time for collecting any tax is not provided for by this title, the Secretary* may establish the same by regulations.
Whether or not the method of collecting any tax imposed by chapter 21, 31, 32, or 33, or by section 4481 is specifically provided for by this title, any such tax may, under regulations prescribed by the Secretary, be collected by means of returns, stamps, coupons, tickets, books, or such other reasonable devices or methods as may be necessary or helpful in securing a complete and proper collection of the tax.
The Secretary may authorize Federal Reserve banks, and incorporated banks, trust companies, domestic building and loan associations, or credit unions which are depositaries or financial agents of the United States, to receive any tax imposed under the internal revenue laws, in such manner, at such times, and under such conditions as he may prescribe; and he shall prescribe the manner, times, and conditions under which the receipt of such tax by such banks, trust companies, domestic building and loan associations, and credit unions is to be treated as payment of such tax to the Secretary.
The taxes imposed by subchapter D of chapter 32 of this title (relating to taxes on recreational equipment) shall be due and payable on the date for filing the return for such taxes.
Except as provided in paragraph (2), if, under regulations prescribed by the Secretary, a person is required to make deposits of any tax imposed by section 4251 or subsection (a) or (b) of section 4261 with respect to amounts considered collected by such person during any semimonthly period, such deposit shall be made not later than the 3rd day (not including Saturdays, Sundays, or legal holidays) after the close of the 1st week of the 2nd semimonthly period following the period to which such amounts relate.
In the case of a person required to make deposits of the tax imposed by section 4251, 4261, or 4271 with respect to amounts considered collected by such person during any semimonthly period, the amount of such tax included in bills rendered or tickets sold during the period beginning on September 1 and ending on September 11 shall be deposited not later than September 29.
If September 29 falls on a Saturday or Sunday, the due date under subparagraph (A) shall be—
in the case of Saturday, the preceding day, and
in the case of Sunday, the following day.
In the case of deposits not required to be made by electronic funds transfer, subparagraphs (A) and (B) shall be applied by substituting “September 10” for “September 11” and “September 28” for “September 29”.
Except as otherwise provided in this subsection and subsection (e), if any person is required under regulations to make deposits of taxes under subtitle D with respect to semimonthly periods, such person shall make deposits of such taxes for the period beginning on September 16 and ending on September 26 not later than September 29.
If any person is required under regulations to make deposits of taxes under subchapter D of chapter 38 with respect to semimonthly periods, in lieu of paragraph (1), such person shall make deposits of such taxes for—
the second semimonthly period in August, and
the period beginning on September 1 and ending on September 11,
not later than September 29.
In the case of deposits not required to be made by electronic funds transfer, paragraphs (1) and (2) shall be applied by substituting “September 25” for “September 26”, “September 10” for “September 11”, and “September 28” for “September 29”.
If, but for this paragraph, the due date under paragraph (1), (2), or (3) would fall on a Saturday or Sunday, such due date shall be deemed to be—
in the case of Saturday, the preceding day, and
in the case of Sunday, the following day.
If, under regulations prescribed by the Secretary, a person is required to make deposits of taxes imposed by chapters 21, 22, and 24 on the basis of eighth-month periods, such person shall make deposits of such taxes on the 1st banking day after any day on which such person has $100,000 or more of such taxes for deposit.
The Secretary shall prescribe such regulations as may be necessary for the development and implementation of an electronic fund transfer system which is required to be used for the collection of depository taxes. Such system shall be designed in such manner as may be necessary to ensure that such taxes are credited to the general account of the Treasury on the date on which such taxes would otherwise have been required to be deposited under the Federal tax deposit system.
The regulations prescribed under subparagraph (A) may contain such exemptions as the Secretary may deem appropriate.
For purposes of this subsection—
The term “depository tax” means any tax if the Secretary is authorized to require deposits of such tax.
The term “electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution or other financial intermediary to debit or credit an account.
Under regulations, any tax required to be paid by electronic fund transfer under section 5061(e) or 5703(b) shall be paid in such a manner as to ensure that the requirements of the second sentence of paragraph (1)(A) of this subsection are satisfied.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 775; June 29, 1956, ch. 462, title II, § 206(b), 70 Stat. 391; Pub. L. 94–455, title XIX, § 1906(a)(17), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1825, 1834; Pub. L. 95–147, § 3(a), Oct. 28, 1977, 91 Stat. 1228; Pub. L. 95–600, title I, § 105(e), Nov. 6, 1978, 92 Stat. 2776; Pub. L. 96–223, title I, § 101(c)(2), Apr. 2, 1980, 94 Stat. 250; Pub. L. 98–369, div. A, title X, § 1015(c), July 18, 1984, 98 Stat. 1018; Pub. L. 100–418, title I, § 1941(b)(2)(G), Aug. 23, 1988, 102 Stat. 1323; Pub. L. 100–647, title VI, § 6107(a), Nov. 10, 1988, 102 Stat. 3712; Pub. L. 101–239, title VII, §§ 7502(a), 7507(a), 7632(a), Dec. 19, 1989, 103 Stat. 2362, 2369, 2379; Pub. L. 101–508, title XI, §§ 11217(b)(1), 11334(a), 11801(c)(22)(A), Nov. 5, 1990, 104 Stat. 1388–437, 1388–470, 1388–528; Pub. L. 103–66, title XIII, § 13242(d)(15), Aug. 10, 1993, 107 Stat. 524; Pub. L. 103–182, title V, § 523(a), Dec. 8, 1993, 107 Stat. 2161; Pub. L. 103–465, title VII, § 712(a), (d), Dec. 8, 1994, 108 Stat. 4999, 5001; Pub. L. 104–188, title I, §§ 1702(c)(3), 1704(t)(52), Aug. 20, 1996, 110 Stat. 1869, 1890; Pub. L. 111–226, title II, § 219(b)(2), Aug. 10, 2010, 124 Stat. 2403; Pub. L. 111–237, § 2(a), Aug. 16, 2010, 124 Stat. 2497; Pub. L. 113–295, div. A, title II, § 221(a)(110), Dec. 19, 2014, 128 Stat. 4053; Pub. L. 115–141, div. U, title IV, § 401(a)(279), Mar. 23, 2018, 132 Stat. 1197.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1956Amended · Act of June 29, 1956, ch. 462 · 70 Stat. 391
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1825, 1834
- 1977Amended · Pub. L. 95-147 · 91 Stat. 1228
- 1978Amended · Pub. L. 95-600 · 92 Stat. 2776
- 1980Amended · Pub. L. 96-223 · 94 Stat. 250
- 1984Amended · Pub. L. 98-369 · 98 Stat. 1018
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1323
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3712
- 1989Amended · Pub. L. 101-239 · 103 Stat. 2362, 2369, 2379
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1993Amended · Pub. L. 103-66 · 107 Stat. 524
- 1993Amended · Pub. L. 103-182 · 107 Stat. 2161
- 1994Amended · Pub. L. 103-465 · 108 Stat. 4999, 5001
- 1996Amended · Pub. L. 104-188 · 110 Stat. 1869, 1890
- 2010Amended · Pub. L. 111-226 · 124 Stat. 2403
- 2010Amended · Pub. L. 111-237 · 124 Stat. 2497
- 2014Amended · Pub. L. 113-295 · 128 Stat. 4053
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1197
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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