
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC5801]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
      Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes
 
    CHAPTER 53--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER 
                                FIREARMS
 
                           Subchapter A--Taxes
 
                  PART I--SPECIAL (OCCUPATIONAL) TAXES
 
Sec. 5801. Imposition of tax


(a) General rule

    On 1st engaging in business and thereafter on or before July 1 of 
each year, every importer, manufacturer, and dealer in firearms shall 
pay a special (occupational) tax for each place of business at the 
following rates:
        (1) Importers and manufacturers: $1,000 a year or fraction 
    thereof.
        (2) Dealers: $500 a year or fraction thereof.

(b) Reduced rates of tax for small importers and manufacturers

                           (1) In general

        Paragraph (1) of subsection (a) shall be applied by substituting 
    ``$500'' for ``$1,000'' with respect to any taxpayer the gross 
    receipts of which (for the most recent taxable year ending before 
    the 1st day of the taxable period to which the tax imposed by 
    subsection (a) relates) are less than $500,000.

                     (2) Controlled group rules

        All persons treated as 1 taxpayer under section 5061(e)(3) shall 
    be treated as 1 taxpayer for purposes of paragraph (1).

                     (3) Certain rules to apply

        For purposes of paragraph (1), rules similar to the rules of 
    subparagraphs (B) and (C) of section 448(c)(3) shall apply.

(Added Pub. L. 90-618, title II, Sec. 201, Oct. 22, 1968, 82 Stat. 1227; 
amended Pub. L. 100-203, title X, Sec. 10512(g)(1), Dec. 22, 1987, 101 
Stat. 1330-449.)


                            Prior Provisions

    A prior section 5801, acts Aug. 16, 1954, ch. 736, 68A Stat. 721; 
Sept. 2, 1958, Pub. L. 85-859, title II, Sec. 203(a), 72 Stat. 1427; 
June 1, 1960, Pub. L. 86-478, Sec. 1, 74 Stat. 149, consisted of 
provisions similar to those comprising this section, prior to the 
general revision of this chapter by Pub. L. 90-618.


                               Amendments

    1987--Pub. L. 100-203 substituted ``Imposition of tax'' for ``Tax'' 
in section catchline and amended text generally. Prior to amendment, 
text read as follows: ``On first engaging in business and thereafter on 
or before the first day of July of each year, every importer, 
manufacturer, and dealer in firearms shall pay a special (occupational) 
tax for each place of business at the following rates:
        ``(1) Importers.--$500 a year or fraction thereof;
        ``(2) Manufacturers.--$500 a year or fraction thereof;
        ``(3) Dealers.--$200 a year or fraction thereof.
Except an importer, manufacturer, or dealer who imports, manufactures, 
or deals in only weapons classified as `any other weapon' under section 
5845(e), shall pay a special (occupational) tax for each place of 
business at the following rates: Importers, $25 a year or fraction 
thereof; manufacturers, $25 a year or fraction thereof; dealers, $10 a 
year or fraction thereof.''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 effective Jan. 1, 1988, see section 
10512(h) of Pub. L. 100-203, set out as an Effective Date note under 
section 5081 of this title.


                             Effective Date

    Section 207 of Pub. L. 90-618, as amended by Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(a) Section 201 of this title [enacting this chapter] shall take 
effect on the first day of the first month following the month in which 
it is enacted [October 1968].
    ``(b) Notwithstanding the provisions of subsection (a) or any other 
provision of law, any person possessing a firearm as defined in section 
5845(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as 
amended by this title) which is not registered to him in the National 
Firearms Registration and Transfer Record shall register each firearm so 
possessed with the Secretary of the Treasury or his delegate in such 
form and manner as the Secretary or his delegate may require within the 
thirty days immediately following the effective date of section 201 of 
this Act [see subsec. (a) of this section]. Such registrations shall 
become a part of the National Firearms Registration and Transfer Record 
required to be maintained by section 5841 of the Internal Revenue Code 
of 1986 (as amended by this title). No information or evidence required 
to be submitted or retained by a natural person to register a firearm 
under this section shall be used, directly or indirectly, as evidence 
against such person in any criminal proceeding with respect to a prior 
or concurrent violation of law.
    ``(c) The amendments made by sections 202 through 206 of this title 
[amending sections 6806 and 7273 of this title, repealing sections 5692 
and 6107 of this title, and enacting provisions set out as a note under 
this section] shall take effect on the date of enactment [Oct. 22, 
1968].
    ``(d) The Secretary of the Treasury, after publication in the 
Federal Register of his intention to do so, is authorized to establish 
such period of amnesty, not to exceed ninety days in the case of any 
single period, and immunity from liability during any such period, as 
the Secretary determines will contribute to the purposes of this title 
[adding this chapter, and sections 6806 and 7273 of this title, 
repealing sections 5692 and 6107 of this title, and enacting provisions 
set out as notes under this section].''

                  Section Referred to in Other Sections

    This section is referred to in sections 5846, 5851, 5861 of this 
title.
