§ 3321 Imposition of tax

OLRC 119-134 · eCFR 2026-10-19 · 2 amending Acts

Enacted 1983 · Pub. L. 98-76 Amended · 2 Acts

Amended 1988
  • 1988 Pub. L. 100-647 Pub. L. 100–647, § 7106(a), amended section generally, revising and restating provisions of subsecs. (a) and (b) and specifying imposition of 4 percent tax on rail wages rather than a tax based on the “applicable percentage” of rail wages, and in subsec. (c) substituting provisions relating to termination if loans to railroad unemployment fund repaid for provisions relating to rates of tax.
  • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1018(u)(17), added a period at end of par. (4).

(a) General rule There is hereby imposed on every rail employer for each calendar month an excise tax, with respect to having individuals in his employ, equal to 4 percent of the total rail wages paid by him during such month.

Cited by 2

    (b) Tax on employee representatives

    Cited by 1

      (1) In general There is hereby imposed on the income of each employee representative a tax equal to 4 percent of the rail wages paid to him during the calendar month.

      Cited by 1

        (2) Determination of wages The rail wages of an employee representative for purposes of paragraph (1) shall be determined in the same manner and with the same effect as if the employee organization by which such employee representative is employed were a rail employer.

        Cited by 1

          (c) Termination if loans to railroad unemployment fund repaid The tax imposed by this section shall not apply to rail wages paid on or after the 1st day of any calendar month if, as of such 1st day, there is—

          Amended 1986
          • 1986 Pub. L. 99-272 Pub. L. 99–272 amended subsec. (c) generally. Prior to amendment subsec. (c) read as follows:
          • 1986 “(c) Rate of Tax.—For purposes of this section—

            “(1) For taxable period july 1 through december 31, 1986.—The applicable percentage for the taxable period beginning on July 1, 1986, and ending on December 31, 1986, shall be 2 percent.

            “(2) Subsequent taxable periods.—The applicable percentage for any taxable period beginning after 1986 shall be the sum of—

            “(A) 2 percent, plus

            “(B) 0.3 percent for each preceding taxable period.

            In no event shall the applicable percentage exceed 5 percent.”

          (1) no balance of transfers made before October 1, 1985, to the railroad unemployment insurance account under section 10(d) of the Railroad Unemployment Insurance Act, and

          (2) no unpaid interest on such transfers.