Collapse to view only § 4251. Imposition of tax
§ 4251. Imposition of tax
(a) Tax imposed
(1) In general
(2) Payment of tax
(b) Definitions
For purposes of subsection (a)—
(1) Communications services
The term “communications services” means—
(A) local telephone service;
(B) toll telephone service; and
(C) teletypewriter exchange service.
(2) Applicable percentage
(c) Special rule
(d) Treatment of prepaid telephone cards
(1) In general
For purposes of this subchapter, in the case of communications services acquired by means of a prepaid telephone card—
(A) the face amount of such card shall be treated as the amount paid for such communications services, and
(B) that amount shall be treated as paid when the card is transferred by any telecommunications carrier to any person who is not such a carrier.
(2) Determination of face amount in absence of specified dollar amount
(3) Prepaid telephone card
(Aug. 16, 1954, ch. 736, 68A Stat. 503; Pub. L. 85–859, title I, § 133(a), Sept. 2, 1958, 72 Stat. 1289; Pub. L. 86–75, § 5, June 30, 1959, 73 Stat. 158; Pub. L. 86–564, title II, § 202(a)(2), June 30, 1960, 74 Stat. 290; Pub. L. 87–72, § 3(a)(2), June 30, 1961, 75 Stat. 193; Pub. L. 87–508, § 3(a)(2), June 28, 1962, 76 Stat. 114; Pub. L. 88–52, § 3(a)(2), June 29, 1963, 77 Stat. 72; Pub. L. 88–348, § 2(a)(2), June 30, 1964, 78 Stat. 237; Pub. L. 89–44, title III, § 302, title VII, § 701(b)(2)(B), June 21, 1965, 79 Stat. 145, 156; Pub. L. 89–368, title II, § 202(a), Mar. 15, 1966, 80 Stat. 66; Pub. L. 90–285, § 1(a)(3), Apr. 12, 1968, 82 Stat. 92; Pub. L. 90–364, title I, § 105(b)(1), (2), June 28, 1968, 82 Stat. 265; Pub. L. 91–172, title VII, § 702(b)(1), (2), Dec. 30, 1969, 83 Stat. 660; Pub. L. 91–614, title II, § 201(b)(1), (2), Dec. 31, 1970, 84 Stat. 1843; Pub. L. 96–499, title XI, § 1151, Dec. 5, 1980, 94 Stat. 2694; Pub. L. 97–34, title VIII, § 821, Aug. 13, 1981, 95 Stat. 351; Pub. L. 97–248, title II, § 282(a), Sept. 3, 1982, 96 Stat. 568; Pub. L. 98–369, div. A, title I, § 26, July 18, 1984, 98 Stat. 507; Pub. L. 99–514, title XVIII, § 1801(b), Oct. 22, 1986, 100 Stat. 2785; Pub. L. 100–203, title X, § 10501, Dec. 22, 1987, 101 Stat. 1330–438; Pub. L. 101–508, title XI, § 11217(a), Nov. 5, 1990, 104 Stat. 1388–437; Pub. L. 105–34, title X, § 1034(a), Aug. 5, 1997, 111 Stat. 937; Pub. L. 105–206, title VI, § 6010(i), July 22, 1998, 112 Stat. 815.)
§ 4252. Definitions
(a) Local telephone serviceFor purposes of this subchapter, the term “local telephone service” means—
(1) the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, and
(2) any facility or service provided in connection with a service described in paragraph (1).
The term “local telephone service” does not include any service which is a “toll telephone service” or a “private communication service” as defined in subsections (b) and (d).
(b) Toll telephone serviceFor purposes of this subchapter, the term “toll telephone service” means—
(1) a telephonic quality communication for which (A) there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication and (B) the charge is paid within the United States, and
(2) a service which entitles the subscriber, upon payment of a periodic charge (determined as a flat amount or upon the basis of total elapsed transmission time), to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located.
(c) Teletypewriter exchange service
(d) Private communication serviceFor purposes of this subchapter, the term “private communication service” means—
(1) the communication service furnished to a subscriber which entitles the subscriber—
(A) to exclusive or priority use of any communication channel or groups of channels, or
(B) to the use of an intercommunication system for the subscriber’s stations,
regardless of whether such channel, groups of channels, or intercommunication system may be connected through switching with a service described in subsection (a), (b), or (c),
(2) switching capacity, extension lines and stations, or other associated services which are provided in connection with, and are necessary or unique to the use of, channels or systems described in paragraph (1), and
(3) the channel mileage which connects a telephone station located outside a local telephone system area with a central office in such local telephone system,
except that such term does not include any communication service unless a separate charge is made for such service.
(Aug. 16, 1954, ch. 736, 68A Stat. 503; Pub. L. 85–859, title I, § 133(a), Sept. 2, 1958, 72 Stat. 1290; Pub. L. 87–508, § 4(a), June 28, 1962, 76 Stat. 115; Pub. L. 89–44, title III, § 302, June 21, 1965, 79 Stat. 145.)
§ 4253. Exemptions
(a) Certain coin-operated service
(b) News services
(c) International, etc., organizations
(d) Servicemen in combat zone
(e) Items otherwise taxed
(f) Common carriers and communications companies
(g) Installation charges
(h) Nonprofit hospitals
(i) State and local governmental exemption
(j) Exemption for nonprofit educational organizations
(k) Exemption for qualified blood collector organizations
(l) Filing of exemption certificates
(1) In general
(2) Duration of certificate
Any statement provided under paragraph (1) shall remain in effect until—
(A) the provider of communications services has actual knowledge that the information provided in such statement is false, or
(B) such provider is notified by the Secretary that the provider of the statement is no longer entitled to an exemption described in paragraph (1).
If any information provided in such statement is no longer accurate, the person providing such statement shall inform the provider of communications services within 30 days of any change of information.
(Aug. 16, 1954, ch. 736, 68A Stat. 504; Pub. L. 85–859, title I, § 133(a), Sept. 2, 1958, 72 Stat. 1290; Pub. L. 86–344, § 4(a), Sept. 21, 1959, 73 Stat. 619; Pub. L. 87–508, § 4(b), June 28, 1962, 76 Stat. 115; Pub. L. 89–44, title III, § 302, June 21, 1965, 79 Stat. 146; Pub. L. 89–368, title II, § 202(b), Mar. 15, 1966, 80 Stat. 66; Pub. L. 91–172, title I, § 101(j)(27), Dec. 30, 1969, 83 Stat. 529; Pub. L. 94–455, title XIX, §§ 1904(a)(6), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1811, 1834; Pub. L. 101–508, title XI, § 11217(c)(1), Nov. 5, 1990, 104 Stat. 1388–438; Pub. L. 109–280, title XII, § 1207(c), Aug. 17, 2006, 120 Stat. 1070.)
§ 4254. Computation of tax
(a) General rule
If a bill is rendered the taxpayer for local telephone service or toll telephone service—
(1) the amount on which the tax with respect to such services shall be based shall be the sum of all charges for such services included in the bill; except that
(2) if the person who renders the bill groups individual items for purposes of rendering the bill and computing the tax, then (A) the amount on which the tax with respect to each such group shall be based shall be the sum of all items within that group, and (B) the tax on the remaining items not included in any such group shall be based on the charge for each item separately.
(b) Where payment is made for toll telephone service in coin-operated telephones
(c) Certain State and local taxes not included
(Aug. 16, 1954, ch. 736, 68A Stat. 504; Pub. L. 85–859, title I, § 133(a), Sept. 2, 1958, 72 Stat. 1291; Pub. L. 89–44, title III, § 302, June 21, 1965, 79 Stat. 147; Pub. L. 95–172, § 2(a), Nov. 12, 1977, 91 Stat. 1358.)