Source
(Added Pub. L. 85–859, title I, § 119(a),Sept. 2, 1958, 72 Stat. 1282; amended Pub. L. 86–70, § 22(a),June 25, 1959, 73 Stat. 146; Pub. L. 86–344, § 2(b),Sept. 21, 1959, 73 Stat. 617; Pub. L. 86–418, § 1,Apr. 8, 1960, 74 Stat. 38; Pub. L. 86–624, § 18(e),July 12, 1960, 74 Stat. 416; Pub. L. 87–61, title II, § 205(a),June 29, 1961, 75 Stat. 126; Pub. L. 89–44, title II, § 208(d), title VIII, § 801(c), (d)(1),June 21, 1965, 79 Stat. 141, 158; Pub. L. 91–172, title I, § 101(j)(26),Dec. 30, 1969, 83 Stat. 529; Pub. L. 92–178, title IV, § 401(a)(3)(A),Dec. 10, 1971, 85 Stat. 531; Pub. L. 94–455, title XIX, § 1906(b)(13)(A),Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–227, § 2(b)(2),Feb. 10, 1978, 92 Stat. 12; Pub. L. 95–600, title VII, § 701(ff)(2)(A),Nov. 6, 1978, 92 Stat. 2924; Pub. L. 95–618, title II, §§ 201(c)(1),
232(a),
233(c)(1), (2),Nov. 9, 1978, 92 Stat. 3183, 3189, 3191, 3192; Pub. L. 96–222, title I, § 108(c)(5),Apr. 1, 1980, 94 Stat. 227; Pub. L. 97–424, title V, §§ 515(b)(1),
516(b)(2),Jan. 6, 1983, 96 Stat. 2181, 2183; Pub. L. 98–369, div. A, title VII, § 735(c)(8),July 18, 1984, 98 Stat. 983; Pub. L. 99–499, title V, § 521(d)(4),Oct. 17, 1986, 100 Stat. 1779; Pub. L. 99–514, title XVII, § 1703(c)(2)(C),Oct. 22, 1986, 100 Stat. 2776; Pub. L. 100–17, title V, § 502(b)(4),Apr. 2, 1987, 101 Stat. 257; Pub. L. 100–203, title IX, § 9201(b)(1), title X, § 10502(d)(4),Dec. 22, 1987, 101 Stat. 1330–330, 1330–444; Pub. L. 101–239, title VII, § 7841(d)(17),Dec. 19, 1989, 103 Stat. 2429; Pub. L. 101–508, title XI, §§ 11211(d)(3),
11221(b), (d)(1), (2),Nov. 5, 1990, 104 Stat. 1388–427, 1388–444; Pub. L. 102–240, title VIII, § 8002(b)(3),Dec. 18, 1991, 105 Stat. 2203; Pub. L. 103–66, title XIII, § 13161(b)(1),Aug. 10, 1993, 107 Stat. 452; Pub. L. 105–178, title IX, § 9002(b)(1),June 9, 1998, 112 Stat. 500; Pub. L. 105–206, title VI, § 6023(17),July 22, 1998, 112 Stat. 825; Pub. L. 108–357, title VIII, § 853(d)(2)(F),Oct. 22, 2004, 118 Stat. 1613; Pub. L. 109–59, title XI, § 11101(b)(1),Aug. 10, 2005, 119 Stat. 1944; Pub. L. 109–280, title XII, § 1207(b)(1)–(3)(A), Aug. 17, 2006, 120 Stat. 1070; Pub. L. 111–152, title I, § 1405(b)(1),Mar. 30, 2010, 124 Stat. 1065.)
Codification
Section
1207(b)(1)–(3)(A) of
Pub. L. 109–280, which directed the amendment of section
4221 without specifying the act to be amended, was executed to this section, which is section 4221 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.
Prior Provisions
A prior section
4221, act Aug. 16, 1954, ch. 736, 68A Stat. 495, related to exemption for articles taxable as jewelry, prior to repeal by
Pub. L. 85–859, § 119(a).
Amendments
2010—Subsec. (a).
Pub. L. 111–152inserted at end of concluding provisions “In the case of the tax imposed by section
4191, paragraphs (3), (4), (5), and (6) shall not apply.”
2006—Subsec. (a).
Pub. L. 109–280, § 1207(b)(2), (3)(A), in concluding provisions, substituted “Paragraphs (4), (5), and (6)” for “Paragraphs (4) and (5)” and inserted at end “In the case of taxes imposed by subchapter C or D, paragraph (6) shall not apply.” See Codification note above.
Subsec. (a)(6).
Pub. L. 109–280, § 1207(b)(1), added par. (6). See Codification note above.
2005—Subsec. (a).
Pub. L. 109–59substituted “2011” for “2005” in concluding provisions.
2004—Subsec. (a).
Pub. L. 108–357substituted “or 4081” for “, 4081, or 4091” in introductory provisions.
1998—Subsec. (a).
Pub. L. 105–178substituted “2005” for “1999” in concluding provisions.
Subsec. (c).
Pub. L. 105–206substituted “4053(6)” for “4053(a)(6)”.
1993—Subsec. (c).
Pub. L. 103–66substituted “4001(d)” for “4002(b), 4003(c), 4004(a)”.
1991—Subsec. (a).
Pub. L. 102–240substituted “1999” for “1995” in concluding provisions.
1990—Subsec. (a).
Pub. L. 101–508, § 11221(b), substituted “subchapter A or C of chapter 31” for “section
4051” in introductory provisions and inserted at end “In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply.”
Pub. L. 101–508, § 11211(d)(3), substituted “1995” for “1993” in concluding provisions.
Subsec. (c).
Pub. L. 101–508, § 11221(d)(1), substituted “section
4001
(c),
4002
(b),
4003
(c),
4004(a), or
4053
(a)(6)” for “section
4053
(a)(6)”.
Subsec. (d)(1).
Pub. L. 101–508, § 11221(d)(2), substituted “taxes imposed by subchapter A or C of chapter 31” for “the tax imposed by section
4051”.
1989—Subsec. (c).
Pub. L. 101–239struck out “or 4083” after “4053(a)(6)”.
1987—Subsec. (a).
Pub. L. 100–203, § 10502(d)(4), substituted “(other than under section
4121,
4081, or
4091) on the sale by the manufacturer” for “(other than under section
4121 orsection
4081 (at the Highway Trust Fund financing rate)) on the sale by the manufacturer” in introductory text.
Pub. L. 100–203, § 9201(b)(1), inserted at end “In the case of the tax imposed by section
4131, paragraphs (3), (4), and (5) shall not apply and paragraph (2) shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe.”
Pub. L. 100–17substituted “1993” for “1988”.
1986—Subsec. (a).
Pub. L. 99–514, as amended by
Pub. L. 99–499, § 521(d)(4)(B), in introductory text, inserted “or section
4081 (at the Highway Trust Fund financing rate)” after “section
4121” as the probable intent of Congress, notwithstanding directory language that the insertion be made before “section
4121”, and substituted “or 4071” for “4071, or 4081 (at the Highway Trust Fund financing rate)” in last sentence.
Pub. L. 99–499, § 521(d)(4)(A), inserted “(at the Highway Trust Fund financing rate)” after “4081” in last sentence.
1984—Subsec. (a).
Pub. L. 98–369, § 735(c)(8)(A), inserted “(or under section
4051 on the first retail sale)”.
Subsec. (c).
Pub. L. 98–369, § 735(c)(8)(B), substituted “section
4053
(a)(6)” for “section
4063
(a)(6) or (7),
4063
(b),
4063
(e),”.
Subsec. (d)(1).
Pub. L. 98–369, § 735(c)(8)(C), inserted “, and, in the case of the tax imposed by section
4051, includes the retailer with respect to the first retail sale”.
Subsec. (d)(6).
Pub. L. 98–369, § 735(c)(8)(D)(i), struck out provision at end that for purposes of subparagraph (B), the rebuilding of a part or accessory which is exempt from tax under section
4063
(c) shall not constitute the manufacture or production of such part or accessory.
Subsec. (d)(6)(A).
Pub. L. 98–369, § 735(c)(8)(D)(ii), (iv), struck out “(other than an article referred to in subparagraph (B))” after “such article”, and inserted “or” at end.
Subsec. (d)(6)(B), (C).
Pub. L. 98–369, § 735(c)(8)(D)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to parts or accessories taxable under former section
4061
(b) of this title.
Subsec. (e)(2).
Pub. L. 98–369, § 735(c)(8)(E), (F), struck out “and tubes” from heading, and in text struck out “or inner tube” and “or tube”, as the case may be, after “tire” wherever appearing.
Subsec. (e)(3) to (6).
Pub. L. 98–369, § 735(c)(8)(G), added par. (3), struck out par. (4) which related to bicycle tires or tubes sold to bicycle manufacturers in general, the definition of a bicycle tire, and proof, struck out par. (5) which related to tires, tubes and tread rubber used on intercity, local, and school buses, and struck out par. (6) which related to bus parts and accessories.
1983—Subsec. (a).
Pub. L. 97–424, § 516(b)(2), inserted provision that, in the case of taxes imposed by section
4051,
4071, or
4081, pars. (4) and (5) shall not apply on and after Oct. 1, 1988.
Subsec. (c).
Pub. L. 97–424, § 515(b)(1), substituted “or 4083” for “4083, or 4093” after “4063(e),”.
1980—Subsec. (e)(6).
Pub. L. 96–222inserted provisions respecting selling by a purchaser or a second purchaser.
1978—Subsec. (a).
Pub. L. 95–618, § 201(c)(1), inserted provision that paragraphs (4) and (5) not apply to the tax imposed by section
4064.
Pub. L. 95–227inserted “(other than under section
4121)” after “this chapter”.
Subsec. (c).
Pub. L. 95–600substituted “4063(b), 4063(e),” for “4063(b),”.
Subsec. (d)(7).
Pub. L. 95–618, § 233(c)(2), added par. (7).
Subsec. (e)(5).
Pub. L. 95–618, § 233(c)(1), substituted provisions relating to the applicability of the taxes imposed by section
4071
(a)(1) and (3) in the case of tires or inner tubes for tires sold for use by the purchaser on or in connection with a qualified bus and the tax imposed by section
4071
(a)(4) in the case of tread rubber sold for use by the purchaser in the recapping or retreading of any tire to be used by the purchaser on or in connection with a qualified bus for provisions relating to the applicability of the tax imposed by section
4061
(a) to a bus sold to any person for use exclusively in transporting students and employees of schools operated by State or local governments or by nonprofit educational organizations.
Subsec. (e)(6).
Pub. L. 95–618, § 232(a), added par. (6).
1976—
Pub. L. 94–455struck out “or his delegate” after “Secretary” wherever appearing.
1971—Subsec. (c).
Pub. L. 92–178inserted reference to section
4063
(a)(6) or (7).
1969—Subsec. (d)(5).
Pub. L. 91–172substituted “section
170
(b)(1)(A)(ii)” for “section
503
(b)(2)”.
1965—Subsec. (d)(6)(B).
Pub. L. 89–44, § 208(d)(1), struck out “a radio or television component taxable under section
4141, or a camera lens taxable under section
4171,”.
Subsec. (d)(6).
Pub. L. 89–44, § 801(c), inserted sentence providing that for purpose of subpar. (B), the rebuilding of a part or accessory which is exempt from tax under section
4063
(c) shall not constitute the manufacture or production of such part or accessory.
Subsec. (e)(2).
Pub. L. 89–44, § 208(d)(2)–(5), struck out reference to automobile receiving sets from catchline and wherever appearing in subpars. (A) to (C), and reference to tax imposed under section
4141 of this title from subpars. (A) and (C).
Subsec. (e)(3).
Pub. L. 89–44, § 208(d)(6), struck out par. (3) which related to musical instruments sold for religious use.
Subsec. (e)(5).
Pub. L. 89–44, § 801(d)(1), added par. (5).
Subsec. (f).
Pub. L. 89–44, § 208(d)(7), struck out subsec. (f) which related to sales of mechanical pencils and pens for export.
1961—Subsec. (d)(6)(C).
Pub. L. 87–61added subpar. (C).
1960—Subsec. (d)(4).
Pub. L. 86–624substituted “any State, any political subdivision thereof, or the District of Columbia” for “any State, Hawaii, the District of Columbia, or any political subdivision of any of the foregoing”.
Subsec. (e)(4).
Pub. L. 86–418added par. (4).
1959—Subsec. (d)(4).
Pub. L. 86–70struck out “Alaska,” before “Hawaii”.
Subsec. (d)(5).
Pub. L. 86–344included in definition of “nonprofit educational organization” a school operated as an activity of certain organizations exempt from the income tax and having a regular situs, faculty, curriculum and student body.
Effective Date of 2010 Amendment
Amendment by
Pub. L. 111–152applicable to sales after Dec. 31, 2012, see section 1405(c) of
Pub. L. 111–152, set out as an Effective Date note under section
4191 of this title.
Effective Date of 2006 Amendment
Amendment by
Pub. L. 109–280effective Jan. 1, 2007, see section 1207(g)(1) of
Pub. L. 109–280, set out as a note under section
4041 of this title.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–357applicable to aviation-grade kerosene removed, entered, or sold after Dec. 31, 2004, see section 853(e) of
Pub. L. 108–357, set out as a note under section
4041 of this title.
Effective Date of 1993 Amendment
Amendment by
Pub. L. 103–66effective Jan. 1, 1993, see section 13161(c) of
Pub. L. 103–66, set out as a note under section
4001 of this title.
Effective Date of 1990 Amendment
Amendment by section 11221(b), (d)(1), (2) of
Pub. L. 101–508effective Jan. 1, 1991, with exception for contracts binding on Sept. 30, 1990, and at all times thereafter, see section 11221(f) of
Pub. L. 101–508, set out as an Effective Date note under section
4001 of this title.
Effective Date of 1987 Amendments
Pub. L. 100–647, title I, § 1017(c)(5),Nov. 10, 1988,
102 Stat. 3576, provided that: “The amendment made by section 10502(d)(4) of the Revenue Act of 1987 [
Pub. L. 100–203, amending this section] shall be treated as if included in the amendments made by section 1703 of the Reform Act [
Pub. L. 99–514] except that the reference to section 4091 of the Internal Revenue Code of 1986 shall not apply to sales before April 1, 1988.”
Amendment by section 9201(b)(1) of
Pub. L. 100–203effective Jan. 1, 1988, see section 9201(d) of
Pub. L. 100–203, set out as an Effective Date note under section
4131 of this title.
Amendment by section 10502(d)(4) of
Pub. L. 100–203applicable to sales after Mar. 31, 1988, see section 10502(e) of
Pub. L. 100–203, set out as a note under section
40 of this title.
Effective Date of 1986 Amendments
Amendment by
Pub. L. 99–514applicable to gasoline removed (as defined in section
4082 of this title as amended by section 1703 of
Pub. L. 99–514) after Dec. 31, 1987, see section 1703(h) of
Pub. L. 99–514, set out as a note under section
4081 of this title.
Amendment by
Pub. L. 99–499effective Jan. 1, 1987, see section 521(e) of
Pub. L. 99–499, set out as a note under section
4041 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of
Pub. L. 97–424, to which such amendment relates, see section 736 of
Pub. L. 98–369, set out as a note under section
4051 of this title.
Effective Date of 1983 Amendment
Amendment by section 515(b)(1) of
Pub. L. 97–424applicable to articles sold after Jan. 6, 1983, see section 515(c) of
Pub. L. 97–424, set out as a note under section
34 of this title.
Effective Date of 1980 Amendment
Amendment by
Pub. L. 96–222effective as if included in the provision of the Energy Tax Act of 1978,
Pub. L. 95–618, to which such amendment relates, see section 108(c)(7) of
Pub. L. 96–222, set out as a note under section
48 of this title.
Effective Date of 1978 Amendments
Amendment by section 201(c)(1) of
Pub. L. 95–618applicable with respect to 1980 and later model year automobiles, see section 201(g) of
Pub. L. 95–618, set out as an Effective Date note under section
4064 of this title.
Section 232(c) of
Pub. L. 95–618provided that: “The amendments made by this section [amending this section and section
6416 of this title] shall apply to sales on or after the first day of the first calendar month beginning more than 10 days after the date of the enactment of this Act [Nov. 9, 1978].”
Amendment by section 233(c)(1), (2) of
Pub. L. 95–618effective on first day of first calendar month which begins more than 10 days after Nov. 9, 1978, see section 233(d) of
Pub. L. 95–618, set out as a note under section
34 of this title.
Section 701(ff)(3) of
Pub. L. 95–600provided that: “The amendments made by this subsection [amending this section and sections
4061 and
4222 of this title] shall take effect on the first day of the first calendar month beginning more than 20 days after the date of the enactment of this Act [Nov. 6, 1978].”
Amendment by
Pub. L. 95–227applicable with respect to sales after Mar. 31, 1978, see section 2(d) of
Pub. L. 95–227, set out as an Effective Date note section
4121 of this title.
Effective Date of 1971 Amendment
Amendment by
Pub. L. 92–178applicable with respect to articles sold on or after the day after Dec. 10, 1971, see section 401(h)(1) of
Pub. L. 92–178, set out as a note under section
4071 of this title.
Effective Date of 1969 Amendment
Amendment by
Pub. L. 91–172effective on Jan. 1, 1970, see section 101(k)(1) of
Pub. L. 91–172, set out as an Effective Date note under section
4940 of this title.
Effective Date of 1965 Amendment
Amendment by section 208(d) of
Pub. L. 89–44applicable with respect to articles sold on or after June 22, 1965, except insofar as such amendments related to the taxes imposed by sections
4061
(b),
4091, and
4131 and, as to such taxes, applicable with respect to articles sold on or after January 1, 1966, see section 701(a) of
Pub. L. 89–44, set out as a note under section
4161 of this title.
Amendment by section 801(c), (d)(1) of
Pub. L. 89–44applicable with respect to articles sold on or after June 22, 1965, see section 801(e) of
Pub. L. 89–44, set out as a note under section
4261 of this title.
Effective Date of 1961 Amendment
Amendment by
Pub. L. 87–61applicable only in the case of gasoline sold on or after Oct. 1, 1961, see section 208 of
Pub. L. 87–61, set out as a note under section
4041 of this title.
Effective Date of 1960 Amendments
Amendment by
Pub. L. 86–624effective on Aug. 21, 1959, see section 18(k) of
Pub. L. 86–624, set out as a note under section
3121 of this title.
Section 4 of
Pub. L. 86–418provided that: “The amendments made by this Act [amending this section and sections
4218,
4223, and
6416 of this title] shall apply only with respect to bicycle tires and tubes sold by the manufacturer, producer, or importer thereof on or after the first day of the first month which begins more than 10 days after the date of the enactment of this Act [Apr. 8, 1960].”
Effective Date of 1959 Amendments
Amendment by
Pub. L. 86–344effective Jan. 1, 1959, see section 2(e) of
Pub. L. 86–344.
Amendment by
Pub. L. 86–70effective Jan. 3, 1959, see section 22(i) of
Pub. L. 86–70, set out as a note under section
3121 of this title.
Effective Date
Section effective on first day of first calendar quarter which begins more than 60 days after Sept. 2, 1958, see section 1(c) of
Pub. L. 85–859.