26 U.S.C. § 3122 — Federal service
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 595 words · no verdicts yet
For covered service for the United States, its wholly owned instrumentalities, and certain transferred international-organization service, the responsible Federal agency head determines remuneration and handles tax returns and payments. The Secretary still decides whether the service is employment and whether the pay is wages.
For service for the United States or a wholly owned United States instrumentality, including Medicare-qualified government employment*, covered uniformed service, and covered Peace Corps service, the head of the Federal agency or instrumentality controlling the service, or a designated agent, determines the remuneration and files and pays the taxes. For qualifying service for an international organization* after a transfer, the head of the agency from which the transfer was made does this. The Secretary* keeps authority under section 3121(a) and (b) to decide whether service is employment, which periods count, and whether remuneration is wages*. The filer may pay section 3111 tax without applying the section 3121(a)(1) limit and need not seek a refund for the excluded part. Uniformed-service section 3111 tax is paid from appropriations for members’ pay. This section also covers the listed civilian employees of Defense Department and Coast Guard exchanges and similar activities; the Secretary of Defense, or the Secretary of the department in which the Coast Guard operates, is treated as the relevant instrumentality’s head.
In the case of the taxes imposed by this chapter with respect to service performed in the employ of the United States or in the employ of any instrumentality which is wholly owned by the United States, including such service which is medicare qualified government employment* (as defined in section 3121(u)(3)), including service, performed as a member of a uniformed service*, to which the provisions of section 3121(m)(1) are applicable, and including service, performed as a volunteer or volunteer leader within the meaning of the Peace Corps Act, to which the provisions of section 3121(p) are applicable, the determination of the amount of remuneration for such service, and the return and payment of the taxes imposed by this chapter, shall be made by the head of the Federal agency or instrumentality having the control of such service, or by such agents as such head may designate. In the case of the taxes imposed by this chapter with respect to service performed in the employ of an international organization* pursuant to a transfer to which the provisions of section 3121(y) are applicable, the determination of the amount of remuneration for such service, and the return and payment of the taxes imposed by this chapter, shall be made by the head of the Federal agency from which the transfer was made. Nothing in this paragraph shall be construed to affect the Secretary’s authority to determine under subsections (a) and (b) of section 3121 whether any such service constitutes employment*, the periods of such employment, and whether remuneration paid for any such service constitutes wages*. The person making such return may, for convenience of administration, make payments of the tax imposed under section 3111 with respect to such service without regard to the contribution and benefit base limitation in section 3121(a)(1), and he shall not be required to obtain a refund of the tax paid under section 3111 on that part of the remuneration not included in wages by reason of section 3121(a)(1). Payments of the tax imposed under section 3111 with respect to service, performed by an individual as a member of a uniformed service, to which the provisions of section 3121(m)(1) are applicable, shall be made from appropriations available for the pay of members of such uniformed service. The provisions of this section shall be applicable in the case of service performed by a civilian employee*, not compensated from funds appropriated by the Congress, in the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Exchanges, Marine Corps Exchanges, or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary* of Defense, at installations of the Department of Defense for the comfort, pleasure, contentment, and mental and physical improvement of personnel of such Department; and for purposes of this section the Secretary of Defense shall be deemed to be the head of such instrumentality. The provisions of this section shall be applicable also in the case of service performed by a civilian employee, not compensated from funds appropriated by the Congress, in the Coast Guard Exchanges or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary of the Department in which the Coast Guard is operating, at installations of the Coast Guard for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the Coast Guard; and for purposes of this section the Secretary of the Department in which the Coast Guard is operating shall be deemed to be the head of such instrumentality.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 428; Sept. 1, 1954, ch. 1206, title II, §§ 202(c), 203(a), 68 Stat. 1090; Aug. 1, 1956, ch. 837, title IV, § 411(b), (c), 70 Stat. 879; Pub. L. 85–840, title IV, § 402(c), Aug. 28, 1958, 72 Stat. 1042; Pub. L. 85–866, title I, § 70, Sept. 2, 1958, 72 Stat. 1660; Pub. L. 87–293, title II, § 202(a)(3), Sept. 22, 1961, 75 Stat. 626; Pub. L. 89–97, title III, § 320(b)(3), July 30, 1965, 79 Stat. 393; Pub. L. 90–248, title I, § 108(b)(3), Jan. 2, 1968, 81 Stat. 835; Pub. L. 92–5, title II, § 203(b)(3), Mar. 17, 1971, 85 Stat. 11; Pub. L. 92–236, § 203(b)(3), July 1, 1972, 86 Stat. 419; Pub. L. 93–66, § 203(b)(3), (d), July 9, 1973, 87 Stat. 153; Pub. L. 93–233, § 5(b)(3), (d), Dec. 31, 1973, 87 Stat. 954; Pub. L. 94–455, title XIX, § 1903(a)(4), Oct. 4, 1976, 90 Stat. 1807; Pub. L. 97–248, title II, § 278(a)(3), Sept. 3, 1982, 96 Stat. 560; Pub. L. 99–272, title XIII, § 13205(a)(2)(C), Apr. 7, 1986, 100 Stat. 315; Pub. L. 100–647, title VIII, § 8015(a)(2), Nov. 10, 1988, 102 Stat. 3791; Pub. L. 101–508, title XI, § 11331(d)(2), Nov. 5, 1990, 104 Stat. 1388–468; Pub. L. 103–66, title XIII, § 13207(d)(4), Aug. 10, 1993, 107 Stat. 468; Pub. L. 103–296, title III, § 319(a)(2), Aug. 15, 1994, 108 Stat. 1534; Pub. L. 109–241, title IX, § 902(i), July 11, 2006, 120 Stat. 567.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1954Amended · Act of Sept. 1, 1954, ch. 1206 · 68 Stat. 1090
- 1956Amended · Act of Aug. 1, 1956, ch. 837 · 70 Stat. 879
- 1958Amended · Pub. L. 85-840 · 72 Stat. 1042
- 1958Amended · Pub. L. 85-866 · 72 Stat. 1660
- 1961Amended · Pub. L. 87-293 · 75 Stat. 626
- 1965Amended · Pub. L. 89-97 · 79 Stat. 393
- 1968Amended · Pub. L. 90-248 · 81 Stat. 835
- 1971Amended · Pub. L. 92-5 · 85 Stat. 11
- 1972Amended · Pub. L. 92-236 · 86 Stat. 419
- 1973Amended · Pub. L. 93-66 · 87 Stat. 153
- 1973Amended · Pub. L. 93-233 · 87 Stat. 954
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1807
- 1982Amended · Pub. L. 97-248 · 96 Stat. 560
- 1986Amended · Pub. L. 99-272 · 100 Stat. 315
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3791
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1993Amended · Pub. L. 103-66 · 107 Stat. 468
- 1994Amended · Pub. L. 103-296 · 108 Stat. 1534
- 2006Amended · Pub. L. 109-241 · 120 Stat. 567
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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