Title 26Internal Revenue CodeRelease 119-73

§4374 Liability for tax

Title 26 › Subtitle Subtitle D— - Miscellaneous Excise Taxes › Chapter CHAPTER 34— - TAXES ON CERTAIN INSURANCE POLICIES › Subchapter Subchapter A— - Policies Issued By Foreign Insurers › § 4374

Last updated Apr 6, 2026|Official source

Summary

Anyone involved with taxed documents must file a return and pay the tax; the U.S. government and its agencies are not liable.

Full Legal Text

Title 26, §4374

Internal Revenue Code — Source: USLM XML via OLRC

The tax imposed by this chapter shall be paid, on the basis of a return, by any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax, or for whose use or benefit the same are made, signed, issued, or sold. The United States or any agency or instrumentality thereof shall not be liable for the tax.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For provisions of prior section 4375, 4381 to 4384, see

Prior Provisions

note preceding section 4371 of this title.

Amendments

1976—Pub. L. 94–455 substituted in section catchline “Liability for tax” for “Payment of tax” and in text provisions relating to payment of tax on basis of a return and to tax-exempt status of United States and its agencies and instrumentalities for provisions relating to placing of stamps on any policy, indemnity bond, or annuity contract referred to in section 4371 and to regulation by Secretary that tax be paid on basis of a return. 1965—Pub. L. 89–44 substituted “Payment of tax” for “Affixing of stamps” in section catchline, and inserted sentence authorizing Secretary or his delegate to provide by regulation for payment on basis of a return of tax imposed by section 4371. 1958—Pub. L. 85–859 reenacted section without change.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1904(d) of Pub. L. 94–455, set out as a note under section 4041 of this title.

Effective Date

of 1965 Amendment Pub. L. 89–44, title VIII, § 804(c), June 21, 1965, 79 Stat. 160, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on July 1, 1965. The

Amendments

made by subsection (b) [amending section 4371 of this title] shall apply with respect to policies, bonds, and contracts with respect to which the tax imposed by section 4371 of the Code is required to be paid on the basis of a return.” Determination of Partnership as Continuing or Terminated Partnership Pub. L. 85–859, title I, § 141(b), Sept. 2, 1958, 72 Stat. 1304, mandated that only changes in the partnership occurring on or after the

Effective Date

specified in section 1(c) of Pub. L. 85–859 shall be taken into account in the determination of whether a partnership is a continuing or terminated one.

Reference

Citations & Metadata

Citation

26 U.S.C. § 4374

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73