§ 5732 Payment of tax

OLRC 119-134 · eCFR 2026-10-19 · 3 amending Acts · cited by 1 sections

Enacted 1958 · Pub. L. 85-859 Amended · 3 Acts

1958197620052007(a) Condition precedent to carrying on business(b) Computation(c) How paid
Prior provisions 1
  • A prior section 5732, acts Aug. 16, 1954, ch. 736, 68A Stat. 714; Sept. 2, 1958, Pub. L. 85–859, title II, § 202, 72 Stat. 1423, required that a dealer in tobacco materials make a statement of shipments and deliveries or give an inventory upon demand, prior to repeal by Pub. L. 89–44, title V, § 502(b)(7), title VII, § 701(d), June 21, 1965, 79 Stat. 151, 157, applicable on and after Jan. 1, 1966.
Connections Cited by 1 · Cites 0
§ 5732 Payment of tax
    Amended 2005
    • 2005 Pub. L. 109-59 Pub. L. 109–59, § 11125(b)(20)(A), renumbered section 5142 of this title as this section and transferred section to this subchapter.

    (a) Condition precedent to carrying on business No person shall be engaged in or carry on any trade or business subject to tax under this subchapter until he has paid the special tax therefor.

    Amended 2005
    • 2005 Pub. L. 109-59 Pub. L. 109–59, § 11125(b)(20)(B), struck out “(except the tax imposed by section 5131)” before “until he has paid” in subsec. (a) and before “shall be imposed” in subsec. (b).
    • 2005 Pub. L. 109-59 Pub. L. 109–59, § 11125(b)(20)(A), substituted “this subchapter” for “this part”.

    (b) Computation All special taxes under this subchapter shall be imposed as of on the first day of July in each year, or on commencing any trade or business on which such tax is imposed. In the former case the tax shall be reckoned for 1 year, and in the latter case it shall be reckoned proportionately, from the first day of the month in which the liability to a special tax commenced, to and including the 30th day of June following.

    Amended 2005
    • 2005 Pub. L. 109-59 Pub. L. 109–59, § 11125(b)(20)(B), struck out “(except the tax imposed by section 5131)” before “until he has paid” in subsec. (a) and before “shall be imposed” in subsec. (b).
    • 2005 Pub. L. 109-59 Pub. L. 109–59, § 11125(b)(20)(A), substituted “this subchapter” for “this part”.

    (c) How paid

    Amended 1976
    • 1976 Pub. L. 94-455 Pub. L. 94–455 substituted provisions under which the special taxes would be paid on the basis of a return for provisions under which the special taxes were paid by stamps denoting the tax.

    (1) Payment by return The special taxes imposed by this subchapter shall be paid on the basis of a return under such regulations as the Secretary shall prescribe.

    Amended 2005
    • 2005 Pub. L. 109-59 Pub. L. 109–59, § 11125(b)(20)(A), substituted “this subchapter” for “this part”.

    (2) Stamp denoting payment of tax After receiving a properly executed return and remittance of any special tax imposed by this subchapter, the Secretary shall issue to the taxpayer an appropriate stamp as a receipt denoting payment of the tax. This paragraph shall not apply in the case of a return covering liability for a past period.

    Amended 2007
    • 2007 Pub. L. 110-172 Pub. L. 110–172, which directed amendment of section 5732 of this title, as redesignated by Pub. L. 109–59, § 11125(b)(20)(A), by substituting “this subchapter” for “this subpart” in subsec. (c)(2) effective Dec. 29, 2007, was executed to this section to reflect the probable intent of Congress even though the redesignation of section 5142 of this title as this section was not effective until July 1, 2008. See 2005 Amendment and Effective Date of 2005 Amendment notes below.