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26 U.S.C. § 7654Coordination of United States and certain possession individual income taxes

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

Income tax collected from residents of certain U.S. territories goes to that territory's treasury. The U.S. and each territory must transfer these funds at least once a year. The U.S. also pays territories tax withheld from federal employees stationed there.

(a) General rule: Each year, the net amount of federal income tax (under chapter 1) collected from an individual who qualifies under section 931 or 932(c) goes into the treasury of the "specified possession" where that person is a bona fide resident. (b) Definition and special rule: (1) "Net collections" for the year means the tax collected after properly adjusting for credits against the tax and for any income tax refunds paid for that year. (2) "Specified possession" means Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. (c) Transfers: The U.S. and each specified possession must transfer these funds to each other at least once a year. (d) Federal personnel: Besides the amount described in (a), the U.S. must also pay each specified possession, on whatever schedule the Secretary sets: (1) taxes withheld from the pay of service members stationed in that possession who owe it no income tax on that pay under the Servicemembers Civil Relief Act, and (2) taxes withheld from pay for services performed as a federal employee (or agency employee) in that possession, for anyone section 931 or 932(c) doesn't apply to. (e) Regulations: The Secretary must issue regulations needed to carry out this section and sections 931 and 932, including rules against rebating covered-over taxes that are allocable to U.S.-source income, and rules on what information affected individuals must give the Secretary.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

The net collection of taxes imposed by chapter 1 for each taxable year with respect to an individual to whom section 931 or 932(c) applies shall be covered into the Treasury of the specified possession of which such individual is a bona fide resident.

(b) Definition and special rule

For purposes of this section—

(1) Net collections

In determining net collections for a taxable year, an appropriate adjustment shall be made for credits allowed against the tax liability and refunds made of income taxes for the taxable year.

(2) Specified possession

The term “specified possession” means Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.

(c) Transfers

The transfers of funds between the United States and any specified possession required by this section shall be made not less frequently than annually.

(d) Federal personnel

In addition to the amount determined under subsection (a), the United States shall pay to each specified possession at such times and in such manner as determined by the Secretary

(1)

the amount of the taxes deducted and withheld by the United States under chapter 24 with respect to compensation paid to members of the Armed Forces who are stationed in such possession but who have no income tax liability to such possession with respect to such compensation by reason of the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.), and

(2)

the amount of the taxes deducted and withheld under chapter 24 with respect to amounts paid for services performed as an employee of the United States (or any agency thereof) in a specified possession with respect to an individual unless section 931 or 932(c) applies.

(e) Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section and sections 931 and 932, including regulations prohibiting the rebate of taxes covered over which are allocable to United States source income and prescribing the information which the individuals to whom such sections may apply shall furnish to the Secretary.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 909; Pub. L. 92–606, § 1(b), Oct. 31, 1972, 86 Stat. 1495; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–248, title III, §§ 307(a)(16), 308(a), Sept. 3, 1982, 96 Stat. 590, 591; Pub. L. 98–67, title I, § 102(a), Aug. 5, 1983, 97 Stat. 369; Pub. L. 99–514, title XII, § 1276(a), Oct. 22, 1986, 100 Stat. 2599; Pub. L. 100–647, title I, § 1012(y), Nov. 10, 1988, 102 Stat. 3530; Pub. L. 108–189, § 2(d), Dec. 19, 2003, 117 Stat. 2866; Pub. L. 115–141, div. U, title IV, § 401(a)(330), Mar. 23, 2018, 132 Stat. 1200.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1972Amended · Pub. L. 92-606 · 86 Stat. 1495
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1982Amended · Pub. L. 97-248 · 96 Stat. 590, 591
  • 1983Amended · Pub. L. 98-67 · 97 Stat. 369
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2599
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3530
  • 2003Amended · Pub. L. 108-189 · 117 Stat. 2866
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1200

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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