Inflation Adjusted Items for Certain YearsFor inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
Editorial Notes
Amendments2017—Subsec. (span)(2)(C)(i)(II). Puspan. L. 115–97 substituted “for ‘2016’ in subparagraph (A)(ii)” for “for ‘1992’ in subparagraph (B)”.
2008—Subsec. (span)(2)(B), (C). Puspan. L. 110–343 added subpar. (B) and redesignated former subpar. (B) as (C).
2005—Subsec. (a)(1). Puspan. L. 109–59, § 11117(a), reenacted span without change and amended text of par. (1) generally, designating existing provisions as subpar. (A), inserting subpar. span, and adding subpar. (B).
Subsec. (a)(2). Puspan. L. 109–135 amended span and text of par. (2) generally. Prior to amendment, text read as follows:
“(A) In general.—In the case of an electric outboard motor or a sonar device suitable for finding fish, paragraph (1)(A) shall be applied by substituting ‘3 percent’ for ‘10 percent’.
“(B) $30 limitation on tax imposed on sonar devices suitable for finding fish.—The tax imposed by paragraph (1)(A) on any sonar device suitable for finding fish shall not exceed $30.”
Puspan. L. 109–59, § 11117(span), substituted “paragraph (1)(A)” for “paragraph (1)” in two places.
2004—Subsec. (a)(3), (4). Puspan. L. 108–357, § 333(a), added par. (3) and redesignated former par. (3) as (4).
Subsec. (span)(1). Puspan. L. 108–357, § 332(a), reenacted span without change and amended text of par. (1) generally, substituting provisions imposing a tax on the sale of any bow which has a peak draw weight of 30 pounds or more, any part or accessory, and any quiver or broadhead suitable for use with an arrow described in par. (2), for provisions imposing a tax on the sale of any bow which has a draw weight of 10 pounds or more, any part of accessory, and any quiver suitable for use with arrows described in par. (2).
Subsec. (span)(1)(B)(ii). Puspan. L. 108–493, § 1(c), substituted “quiver, broadhead, or point” for “quiver or broadhead”.
Subsec. (span)(2). Puspan. L. 108–493, § 1(span), amended span and text of par. (2) generally, substituting provisions relating to arrows for provisions relating to arrow components.
Puspan. L. 108–357, § 332(c), substituted “Arrow components” for “Arrows” in span and inserted “(other than broadheads)” after “point” in introductory provisions.
Subsec. (span)(3), (4). Puspan. L. 108–493, § 1(a), repealed Puspan. L. 108–357, § 332(span). See note below.
Puspan. L. 108–357, § 332(span), which directed the amendment of subsec. (span) by adding par. (3), relating to arrows, and redesignating former par. (3) as (4), was repealed by Puspan. L. 108–493, § 1(a). See Construction of 2004 Amendment note below.
1997—Subsec. (span). Puspan. L. 105–34 amended subsec. (span) generally. Prior to amendment, subsec. (span) consisted of pars. (1) to (3) imposing taxes on bows and arrows and parts and accessories and providing for coordination of taxes under subsecs. (a) and (span).
1986—Subsec. (span)(1)(B)(ii). Puspan. L. 99–514 substituted a comma for the period at end.
1984—Subsec. (a). Puspan. L. 98–369, § 1015(a), in amending subsec. (a) generally, designated existing provisions as par. (1), substituted “any article of sport fishing equipment by the manufacturer, producer, or importer” for “fishing rods, creels, reels, and artificial lures, baits, and flies (including parts or accessories of such articles sold on or in connection therewith, or with the sale thereof) by the manufacturer, producer, or importer”, and added pars. (2) and (3).
Subsec. (span)(1)(B). Puspan. L. 98–369, § 1017(a), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (span)(2)(A). Puspan. L. 98–369, § 1017(span)(2), struck out “(other than a fishing reel)” after “part or accessory”.
Subsec. (span)(3). Puspan. L. 98–369, § 1017(span)(1), added par. (3).
1972—Subsec. (a). Puspan. L. 92–558, § 201(a)(1), designated existing provisions as subsec. (a) and inserted catchline.
Subsec. (span). Puspan. L. 92–558, § 201(a)(2), added subsec. (span).
1965—Puspan. L. 89–44 removed 10 percent tax on equipment for billiards, pool, bowling, trap shooting, cricket, croquet, badminton, curling, deck tennis, golf, lacrosse, polo, skiing, squash, table tennis, and tennis, and retained tax only for fishing equipment.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Puspan. L. 115–97, set out as a note under section 1 of this title.
Effective Date of 2008 AmendmentPuspan. L. 110–343, div. C, title V, § 503(span), Oct. 3, 2008, 122 Stat. 3877, provided that: “The amendments made by this section [amending this section] shall apply to shafts first sold after the date of enactment of this Act [Oct. 3, 2008].”
Effective Date of 2005 AmendmentPuspan. L. 109–59, title XI, § 11117(c), Aug. 10, 2005, 119 Stat. 1951, provided that: “The amendments made by this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after September 30, 2005.”
Effective Date of 2004 AmendmentsPuspan. L. 108–493, § 1(d), Dec. 23, 2004, 118 Stat. 3985, provided that: “The amendments made by subsections (span) and (c) [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after March 31, 2005.”
Puspan. L. 108–357, title III, § 332(d), Oct. 22, 2004, 118 Stat. 1478, provided that: “The amendments made by this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after the date which is 30 days after the date of the enactment of this Act [Oct. 22, 2004].”
Puspan. L. 108–357, title III, § 333(span), Oct. 22, 2004, 118 Stat. 1478, provided that: “The amendments made this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after December 31, 2004.”
Effective Date of 1997 AmendmentPuspan. L. 105–34, title XIV, § 1433(span), Aug. 5, 1997, 111 Stat. 1052, provided that: “The amendment made by subsection (a) [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after September 30, 1997.”
Effective Date of 1984 AmendmentAmendment by section 1015(a) of Puspan. L. 98–369 applicable with respect to articles sold by the manufacturer, producer, or importer after Sept. 30, 1984, see section 1015(e) of Puspan. L. 98–369, set out as an Effective Date note under section 4162 of this title.
Puspan. L. 98–369, div. A, title X, § 1017(c), July 18, 1984, 98 Stat. 1021, provided that: “The amendments made by this section [amending this section] shall apply with respect to articles sold by the manufacturer, producer, or importer after September 30, 1984.”
Effective Date of 1972 AmendmentPuspan. L. 92–558, title II, § 201(span), Oct. 25, 1972, 86 Stat. 1173, as amended by Puspan. L. 93–313, June 8, 1974, 88 Stat. 238, provided that: “The amendments made by subsection (a) of this section [amending this section] shall apply with respect to articles sold by the manufacturer, producer, or importer thereof on or after January 1, 1975.”
Effective Date of 1965 AmendmentPuspan. L. 89–44, title VII, § 701(a), June 21, 1965, 79 Stat. 155, provided that:“(1)In general.—Except as otherwise provided in this subsection, the amendments made by titles I and II of this Act [enacting sections 4094 and 6424 of this title, amending this section and sections 4055, 4057, 4061, 4091, 4216, 4218, 4221, 4222, 4227, 6011, 6206, 6412, 6416, 6675, 7210, 7603, 7604, and 7605 of this title, repealing sections 4001 to 4003, 4011 to 4013, 4021, 4022, 4031, 4051 to 4053, 4111, 4121, 4131, 4141 to 4143, 4151, 4171 to 4173, 4191, 4192, 4201, 4211, and 4224 of this title, and amending provisions set out as a note under section 120 of Title 23, Highways] shall apply with respect to articles sold on or after the day after the date of the enactment of this Act [June 21, 1965].
“(2)Special rules.—The amendments made by sections 201(span)(2) [amending section 4061 of this title] (relating to automobile parts and accessories) and 202(a) [amending section 4091 of this title] (relating to lubricating oil) shall apply with respect to articles sold on or after January 1, 1966. The amendments made by section 202(span) [enacting section 6424 of this title] and (c) [enacting section 4094 and amending sections 6206, 6675, 7210, 7603, 7604, and 7605 of this title] (relating to payments with respect to lubricating oil) shall take effect January 1, 1966. The amendments made by section 203 [repealing sections 4111, 4121, and 4131 of this title], insofar as they relate to the tax imposed by section 4131 (relating to electric light bulbs) of the Code, and the amendments made by section 208 [amending sections 4216, 4218, 4221, 4222, and 4227], insofar as they relate to the tax imposed by section 4061(span) (relating to automotive parts and accessories), section 4091 (relating to lubricating oil), or section 4131 (relating to electric light bulbs) of the Code, shall apply with respect to articles sold on or after January 1, 1966. The amendments made by section 207 [amending sections 4216 and 6416 of this title] (relating to partial payments; sales of installment accounts) and 209(a) [amending section 6412 of this title] (relating to floor stocks refunds on passenger automobiles, etc.) shall take effect on the day after the date of the enactment of this Act [June 21, 1965]. The amendments made by section 210 [amending provisions set out as a note under section 120 of Title 23, Highways] (relating to Highway Trust Fund) shall take effect January 1, 1966.
“(3)Installment sales, etc.—For purposes of paragraphs (1) and (2), an article shall not be considered sold before the day after the date of the enactment of this Act [June 21, 1965] or before January 1, 1966, as the case may be, unless possession or right to possession passes to the purchaser before such day or such date. In the case of—“(A) a lease,
“(B) a contract for the sale of an article where it is provided that the price shall be paid by installments and title to the article sold does not pass until a future date notwithstanding partial payment by installments,
“(C) a conditional sale, or
“(D) a chattel mortgage arrangement wherein it is provided that the sale price shall be paid in installments,
entered into before such day or such date, payments made on or after such day or such date with respect to the article leased or sold shall, for purposes of this subsection, be considered as payments made with respect to an article sold on or after such day or such date, if the lessor or vendor establishes that the amount of payments payable on or after such day or such date with respect to such article has been reduced by an amount equal to the tax reduction applicable with respect to the lease or sale of such article.
“(4)Electric light bulbs used in manufacture of articles upon which tax is repealed.—For purposes of applying section 4218(a) of the Code with respect to the use of an electric light bulspan or tube by the manufacturer, producer, or importer thereof, and for purposes of applying section 4221(d)(6)(A) of the Code with respect to the sale of an electric light bulspan or tube for use in further manufacture, an article which was taxable under chapter 32 of the Code on the date of the enactment of this Act [June 21, 1965] shall, during the period beginning with the day after the date of the enactment of this Act through December 31, 1965, be treated as an article taxable under such chapter.”
Construction of 2004 AmendmentPuspan. L. 108–493, § 1(a), Dec. 23, 2004, 118 Stat. 3984, provided that: “Subsection (span) of section 332 of the American Jobs Creation Act of 2004 [Puspan. L. 108–357], and the amendments made by such subsection [amending this section], are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsection and amendments had never been enacted.”
