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
2021—Subsec. (a). Pub. L. 117–58 substituted “
October 1, 2028” for “
October 1, 2022” in concluding provisions. 2019—Subsec. (a). Pub. L. 116–94 struck out last sentence of concluding provisions which read as follows: “In the case of the tax imposed by
section 4191, paragraphs (3), (4), (5), and (6) shall not apply.” 2018—Subsec. (a). Pub. L. 115–141 deleted comma after “
section 4051” in concluding provisions. 2015—Subsec. (a). Pub. L. 114–94 substituted “
October 1, 2022” for “
October 1, 2016” in concluding provisions. 2014—Subsec. (a). Pub. L. 113–295, § 221(a)(103)(B)(i)(II), struck out “In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply.” after “
Regulations
prescribe.” in concluding provisions. Pub. L. 113–295, § 221(a)(103)(B)(i)(I), substituted “subchapter” for “subchapter A or” in introductory provisions. Subsec. (c). Pub. L. 113–295, § 221(a)(103)(B)(i)(III), struck out “4001(c), 4001(d), or” after “tax under section”. Subsec. (d)(1). Pub. L. 113–295, § 221(a)(103)(B)(i)(I), substituted “subchapter” for “subchapter A or”. 2012—Subsec. (a). Pub. L. 112–141 substituted “
October 1, 2016” for “
July 1, 2012” in concluding provisions. Pub. L. 112–140, §§ 1(c), 402(c), temporarily substituted “
July 7, 2012” for “
July 1, 2012” in concluding provisions. See Effective and Termination Dates of 2012 Amendment note below. Pub. L. 112–102 substituted “
July 1, 2012” for “
April 1, 2012” in concluding provisions. 2011—Subsec. (a). Pub. L. 112–30 substituted “
April 1, 2012” for “
October 1, 2011” in concluding provisions. 2010—Subsec. (a). Pub. L. 111–152 inserted 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. 109–59 substituted “2011” for “2005” in concluding provisions. 2004—Subsec. (a). Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091” in introductory provisions. 1998—Subsec. (a). Pub. L. 105–178 substituted “2005” for “1999” in concluding provisions. Subsec. (c). Pub. L. 105–206 substituted “4053(6)” for “4053(a)(6)”. 1993—Subsec. (c). Pub. L. 103–66 substituted “4001(d)” for “4002(b), 4003(c), 4004(a)”. 1991—Subsec. (a). Pub. L. 102–240 substituted “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. 101–239 struck 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 or
section 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. 100–17 substituted “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. 96–222 inserted 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. 95–227 inserted “(other than under
section 4121)” after “this chapter”. Subsec. (c). Pub. L. 95–600 substituted “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. 94–455 struck out “or his delegate” after “Secretary” wherever appearing. 1971—Subsec. (c). Pub. L. 92–178 inserted reference to
section 4063(a)(6) or (7). 1969—Subsec. (d)(5). Pub. L. 91–172 substituted “
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. 87–61 added subpar. (C). 1960—Subsec. (d)(4). Pub. L. 86–624 substituted “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. 86–418 added par. (4). 1959—Subsec. (d)(4). Pub. L. 86–70 struck out “Alaska,” before “Hawaii”. Subsec. (d)(5). Pub. L. 86–344 included 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.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 AmendmentAmendment by Pub. L. 117–58 effective Oct. 1, 2021, see
section 80102(f) of Pub. L. 117–58, set out as a note under
section 4041 of this title.
Effective Date
of 2019 Amendment Pub. L. 116–94, div. N, title I, § 501(d), Dec. 20, 2019, 133 Stat. 3119, provided that: “The
Amendments
made by this section [amending this section and
section 6416 of this title and repealing
section 4191 of this title] shall apply to sales after December 31, 2019.”
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2016, see
section 31102(f) of Pub. L. 114–94, set out as a note under
section 4041 of this title.
Effective Date
of 2014 AmendmentAmendment by Pub. L. 113–295 effective Dec. 19, 2014, subject to a
Savings Provision
, see
section 221(b) of Pub. L. 113–295, set out as a note under
section 1 of this title. Effective and Termination Dates of 2012 AmendmentAmendment by Pub. L. 112–141 effective
July 1, 2012, see
section 40102(f) of Pub. L. 112–141, set out as a note under
section 4041 of this title. Amendment by Pub. L. 112–140 to cease to be effective on
July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before
June 29, 2012, and
Amendments
by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see
section 1(c) of Pub. L. 112–140, set out as a note under
section 101 of Title 23, Highways. Amendment by Pub. L. 112–140 effective July 1, 2012, see
section 402(f)(1) of Pub. L. 112–140, set out as a note under
section 4041 of this title. Amendment by Pub. L. 112–102 effective Apr. 1, 2012, see
section 402(f) of Pub. L. 112–102, set out as a note under
section 4041 of this title.
Effective Date
of 2011 AmendmentAmendment by Pub. L. 112–30 effective Oct. 1, 2011, see
section 142(f) of Pub. L. 112–30, set out as a note under
section 4041 of this title.
Effective Date
of 2010 Amendment Pub. L. 111–152, title I, § 1405(c), Mar. 30, 2010, 124 Stat. 1065, provided that: “The
Amendments
made by this section [enacting
section 4191 of this title and amending this section and
section 6416 of this title] shall apply to sales after December 31, 2012.”
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–280 effective 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 AmendmentAmendment by Pub. L. 108–357 applicable 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 Pub. L. 103–66, title XIII, § 13161(c), Aug. 10, 1993, 107 Stat. 453, provided that: “The
Amendments
made by this section [amending this section and sections
4001 to
4003 and 4222 of this title and omitting
section 4004, 4006, 4007, 4011, and 4012 of this title] shall take effect on January 1, 1993, except that the provisions of
section 4001(e) of the Internal Revenue Code of 1986 (as amended by subsection (a)) shall take effect on the date of the enactment of this Act [Aug. 10, 1993].”
Effective Date
of 1990 Amendment Pub. L. 101–508, title XI, § 11221(f), Nov. 5, 1990, 104 Stat. 1388–444, provided that: “(1) In general.—The
Amendments
made by this section [enacting subchapter A of chapter 31 of this title, redesignating former subchapters A and B of chapter 31 as subchapters B and C, respectively, and amending this section and
section 4222 and
4293 of this title] shall take effect on
January 1, 1991. “(2) Exception for binding contracts.—In determining whether any tax imposed by subchapter A of chapter 31 of the Internal Revenue Code of 1986, as added by this section, applies to any sale after
December 31, 1990, there shall not be taken into account the amount paid for any article (or any part or accessory therefor) if the purchaser held on
September 30, 1990, a contract (which was binding on such date and at all times thereafter before the purchase) for the purchase of such article (or such part or accessory).”
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. 100–203 effective 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. 100–203 applicable 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. 99–514 applicable 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. 99–499 effective 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 AmendmentAmendment by Pub. L. 98–369 effective, 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 AmendmentAmendment by
section 515(b)(1) of Pub. L. 97–424 applicable 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 AmendmentAmendment by Pub. L. 96–222 effective 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. 95–618 applicable 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. Pub. L. 95–618, title II, § 232(c), Nov. 9, 1978, 92 Stat. 3190, provided 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. 95–618 effective 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. Pub. L. 95–600, title VII, § 701(ff)(3), Nov. 6, 1978, 92 Stat. 2925, provided that: “The
Amendments
made by this subsection [amending this section and
section 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. 95–227 applicable 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 AmendmentAmendment by Pub. L. 92–178 applicable 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 AmendmentAmendment by Pub. L. 91–172 effective 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 AmendmentAmendment by
section 208(d) of Pub. L. 89–44 applicable with respect to articles sold on or after June 22, 1965, except insofar as such
Amendments
related to the taxes imposed by
section 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. 89–44 applicable with respect to articles sold on or after
Effective Date
of 1961 AmendmentAmendment by Pub. L. 87–61 applicable 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. 86–624 effective on Aug. 21, 1959, see
section 18(k) of Pub. L. 86–624, set out as a note under
section 3121 of this title. Pub. L. 86–418, § 4, Apr. 8, 1960, 74 Stat. 39, provided that: “The
Amendments
made by this Act [amending this section and
section 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. 86–344 effective Jan. 1, 1959, see
section 2(e) of Pub. L. 86–344, Sept. 21, 1959, 73 Stat. 618. Amendment by Pub. L. 86–70 effective 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, Sept. 2, 1958, 72 Stat. 1275.