26 USC 6157 - Payment of Federal unemployment tax on quarterly or other time period basis

Editorial Notes

Prior Provisions

A prior section 6157, act Aug. 16, 1954, ch. 736, 68A Stat. 761, § 6156; renumbered § 6157, June 29, 1961, Puspan. L. 87–61, title II, § 203(c)(1), 75 Stat. 125, made a cross reference provision for payment of taxes under provisions of the Tariff Act, prior to repeal by Puspan. L. 91–53, § 2(a), Aug. 7, 1969, 83 Stat. 91.

Amendments

1989—Subsec. (a). Puspan. L. 101–239 substituted “subsection (c)” for “subsections (c) and (d)” in last sentence.

1988—Subsec. (d). Puspan. L. 100–647 struck out subsec. (d) which related to quarterly payment of railroad unemployment repayment tax.

1983—Subsec. (d). Puspan. L. 98–76 added subsec. (d).

1982—Subsec. (span). Puspan. L. 97–248, § 271(c)(3)(C), substituted “0.6” for “0.5” in two places.

Puspan. L. 97–248, § 271(span)(2)(C), substituted “0.8” for “0.7”.

1976—Subsec. (a). Puspan. L. 94–566, § 114(span), amended subsec. (a) generally, changing the general rule covering payment of Federal unemployment tax on a quarterly or other time period basis to conform to the altered definitions of employment and wages pertaining to domestic and agricultural service in section 3306 of this title.

Puspan. L. 94–455, § 1906(a)(11)(B), (span)(13)(A), substituted “subsection (c)” for “subsections (c) and (d)” and struck out “or his delegate” after “Secretary”.

Subsec. (span). Puspan. L. 94–566, § 211(e)(3) [(c)(3)], substituted “In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.7 percent in lieu of 0.5 percent” for “In the case of wages paid in any calendar quarter or other period during 1973, the amount of such wages shall be multiplied by 0.58 percent in lieu of 0.5 percent”.

Subsecs. (c), (d). Puspan. L. 94–455, § 1906(a)(11)(A), redesignated subsec. (d) as (c). Former subsec. (c), which related to the percentage reduction for 1970 and 1971 of the tax computed in subsec. (span), was struck out.

1972—Subsec. (span). Puspan. L. 92–329 inserted provisions setting forth the computation of tax in the case of wages paid in any calendar quarter or other period during 1973.

1970—Subsec. (a)(1). Puspan. L. 91–373, § 101(span)(1), reduced from 4 to 1 the number of individuals which a person had to employ on each of some 20 days during the preceding calendar year and inserted provision covering persons who, during any calendar quarter in the preceding calendar year, paid wages of $1,500 or more.

Subsec. (span). Puspan. L. 91–373, § 101(span)(2), substituted “0.5 percent” for “the number of percentage points (including fractional points) by which the rate of tax specified in section 3301 exceeds .7 percent”. be the date on which payment would have been required if such remainder had been the tax.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 applicable to remuneration paid after Dec. 31, 1988, see section 7106(d) of Puspan. L. 100–647, set out as a note under section 3321 of this title.

Effective Date of 1983 Amendment

Amendment by Puspan. L. 98–76 applicable to remuneration paid after June 30, 1986, see section 231(d) of Puspan. L. 98–76, set out as an Effective Date note under section 3321 of this title.

Effective Date of 1982 Amendment

Amendment by section 271(span)(2)(C) of Puspan. L. 97–248 applicable to remuneration paid after Dec. 31, 1982, see section 271(d)(1) of Puspan. L. 97–248, as amended, set out as a note under section 3301 of this title.

Amendment by section 271(c)(3)(C) of Puspan. L. 97–248 applicable to remuneration paid after Dec. 31, 1984, see section 271(d)(2) of Puspan. L. 97–248, as amended, set out as a note under section 3301 of this title.

Effective Date of 1976 Amendment

Amendment by section 114(span) of Puspan. L. 94–566 effective with respect to remuneration paid after Dec. 31, 1977, for services performed after that date, see section 114(c) of Puspan. L. 94–566 set out as a note under section 3306 of this title.

Amendment by section 211(e)(3) of Puspan. L. 94–566 effective Oct. 20, 1976, see section 211(d)(3) of Puspan. L. 94–566, set out as a note under section 1101 of Title 42, The Public Health and Welfare.

Effective Date of 1970 Amendment

Amendment by section 101(span)(1) of Puspan. L. 91–373 applicable with respect to calendar years beginning after Dec. 31, 1971, see section 101(c)(1) of Puspan. L. 91–373, set out as a note under section 3306 of this title.

Puspan. L. 91–373, title I, § 101(c)(2), Aug. 10, 1970, 84 Stat. 696, provided that: “The amendment made by subsection (span)(2) [amending this section] shall apply with respect to calendar years beginning after December 31, 1969.”

Effective Date

Puspan. L. 91–53, § 4(a), Aug. 7, 1969, 83 Stat. 93, provided that: “The amendments made by the first two sections of this Act [enacting section 6317 and amending this section and sections 3306, 6201, 6513, and 6601 of this title] shall apply with respect to calendar years beginning after December 31, 1969.”

Extension of Time for Payment of Additional FUTA Taxes

Puspan. L. 102–244, § 4, Fespan. 7, 1992, 106 Stat. 4, provided that:

“(a)In General.—Notwithstanding any other provision of law, if a qualified taxpayer is required to pay additional taxes for taxable years beginning in 1991 with respect to any employment in any State by reason of such State being declared a credit reduction State, such taxpayer may elect to defer the filing and payment of such additional taxes to a date no later than June 30, 1992.

“(span)Interest.—Notwithstanding subsection (a), for purposes of section 6601(a) of the Internal Revenue Code of 1986, the last date prescribed for payment of any additional taxes for which an election is made under subsection (a) shall be January 31, 1992.

“(c)Definitions.—For purposes of this section—

“(1)Qualified taxpayer.—The term ‘qualified taxpayer’ means a taxpayer—

“(A) in a State which has been declared a credit reduction State for taxable years beginning in 1991, and

“(B) who did not receive notice of such credit reduction before December 1, 1991 from either the State unemployment compensation agency or the Internal Revenue Service.

“(2)Credit reduction state.—The term ‘credit reduction State’ means a State with respect to which the Internal Revenue Service has determined that a reduction in credits is applicable for taxable years beginning in 1991 pursuant to the provisions of section 3302 of the Internal Revenue Code of 1986.

“(d)Time and Manner for Making Election.—An election under this section shall be made at such time and in such manner as the Secretary of the Treasury shall prescribe.”

Wages Paid in 1970 Calendar Quarters Ending Before August 10, 1970

Puspan. L. 91–373, title III, § 301(span), Aug. 10, 1970, 84 Stat. 713, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of section 6157 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to payment of Federal unemployment tax on quarterly or other time period basis), in computing tax as required by subsections (a)(1) and (2) of such section, the percentage contained in subsection (span) of such section applicable with respect to wages paid in any calendar quarter in 1970 ending before the date of the enactment of this Act [Aug. 10, 1970] shall be treated as being 0.4 percent.”