Title 26Internal Revenue CodeRelease 119-73

§6419 Excise tax on wagering

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 65— - ABATEMENTS, CREDITS, AND REFUNDS › Subchapter Subchapter B— - Rules of Special Application › § 6419

Last updated Apr 6, 2026|Official source

Summary

You cannot get a credit or a refund for an overpaid tax under chapter 35 unless you prove, under rules set by the Secretary, that you did not collect that tax from the person who placed the bet, or that you repaid that person, or that the bettor gave written permission for the refund. If you laid off a wager to someone else, you must prove those things for both the person you laid off to and the original bettor. If you laid off part or all of a wager to another person who is responsible for tax on the laid-off amount, you can get a credit or refund equal to the tax you paid on the original bet multiplied by the fraction that the laid-off amount is of the original wager. The Secretary’s rules control how this is done, and no interest will be paid on such credits or refunds.

Full Legal Text

Title 26, §6419

Internal Revenue Code — Source: USLM XML via OLRC

(a)No overpayment of tax imposed by chapter 35 shall be credited or refunded (otherwise than under subsection (b)), in pursuance of a court decision or otherwise, unless the person who paid the tax establishes, in accordance with regulations prescribed by the Secretary, (1) that he has not collected (whether as a separate charge or otherwise) the amount of the tax from the person who placed the wager on which the tax was imposed, or (2) that he has repaid the amount of the tax to the person who placed such wager, or unless he files with the Secretary written consent of the person who placed such wager to the allowance of the credit or the making of the refund. In the case of any laid-off wager, no overpayment of tax imposed by chapter 35 shall be so credited or refunded to the person with whom such laid-off wager was placed unless he establishes, in accordance with regulations prescribed by the Secretary, that the provisions of the preceding sentence have been complied with both with respect to the person who placed the laid-off wager with him and with respect to the person who placed the original wager.
(b)Where any taxpayer lays off part or all of a wager with another person who is liable for tax imposed by chapter 35 on the amount so laid off, a credit against such tax shall be allowed, or a refund shall be made to, the taxpayer laying off such amount. Such credit or refund shall be in an amount which bears the same ratio to the amount of tax which such taxpayer paid on the original wager as the amount so laid off bears to the amount of the original wager. Credit or refund under this subsection shall be allowed or made only in accordance with regulations prescribed by the Secretary, and no interest shall be allowed with respect to any amount so credited or refunded.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsecs. (a), (b). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Reference

Citations & Metadata

Citation

26 U.S.C. § 6419

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73