Title 26Internal Revenue CodeRelease 119-73

§5733 Provisions relating to liability for occupational taxes

Title 26 › Subtitle Subtitle E— - Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 52— - TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES › Subchapter Subchapter D— - Occupational Tax › § 5733

Last updated Apr 6, 2026|Official source

Summary

People in a partnership doing business at one location must pay only one special tax for that place. If the same person carries on more than one of the covered jobs at the same place at the same time, they must pay the tax for each job at the rates set for each. Paying the special tax for one listed place does not cover doing the business at a different place listed in the register at the local internal revenue office. One exception: storing tobacco products and cigarette papers or tubes at a different location than where they are sold does not need another special tax. "Place" means the whole office, plant, or business area under the same owner; simple partitions, passageways, streets, or crossings do not make separate places. Certain people can run the same business at that place without a new tax for the rest of the taxable period that the tax was paid for. Those people are a deceased owner’s surviving spouse or child, the executor or other legal representative, a spouse succeeding a living spouse, a receiver or bankruptcy trustee or an assignee for creditors, and the partners who remain after a partner dies or leaves. Federal agencies and instrumentalities must pay these taxes too unless a law specifically exempts them.

Full Legal Text

Title 26, §5733

Internal Revenue Code — Source: USLM XML via OLRC

(a)Any number of persons doing business in partnership at any one place shall be required to pay but one special tax.
(b)Whenever more than one of the pursuits or occupations described in this subchapter are carried on in the same place by the same person at the same time, except as otherwise provided in this subchapter, the tax shall be paid for each according to the rates severally prescribed.
(c)(1)The payment of a special tax imposed by this subchapter shall not exempt from an additional special tax the person carrying on a trade or business in any other place than that stated in the register kept in the office of the official in charge of the internal revenue district.
(2)Nothing contained in paragraph (1) shall require a special tax for the storage of tobacco products and cigarette papers and tubes at a location other than the place where tobacco products and cigarette papers and tubes are sold or offered for sale.
(3)The term “place” as used in this section means the entire office, plant or area of the business in any one location under the same proprietorship; and passageways, streets, highways, rail crossings, waterways, or partitions dividing the premises, shall not be deemed sufficient separation to require additional special tax, if the various divisions are otherwise contiguous.
(d)Certain persons, other than the person who has paid the special tax under this subchapter for the carrying on of any business at any place, may secure the right to carry on, without incurring additional special tax, the same business at the same place for the remainder of the taxable period for which the special tax was paid. The persons who may secure such right are:
(1)the surviving spouse or child, or executor or administrator or other legal representative, of a deceased taxpayer;
(2)a husband or wife succeeding to the business of his or her living spouse;
(3)a receiver or trustee in bankruptcy, or an assignee for benefit of creditors; and
(4)the partner or partners remaining after death or withdrawal of a member of a partnership.
(e)Any tax imposed by this subchapter shall apply to any agency or instrumentality of the United States unless such agency or instrumentality is granted by statute a specific exemption from such tax.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Pub. L. 109–59, § 11125(b)(20)(A), renumbered section 5143 of this title as this section, transferred section to this subchapter, and substituted “this subchapter” for “this part” wherever appearing. Subsec. (c)(2). Pub. L. 109–59, § 11125(b)(20)(C), substituted “tobacco products and cigarette papers and tubes” for “liquors” in two places. 1976—Subsec. (d)(4). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–59 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 109–59, set out as a note under section 5002 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 5733

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73