26 USC § 4374 - Liability for tax

---
identifier: "/us/usc/t26/s4374"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 4374 - Liability for tax"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "4374"
section_name: "Liability for tax"
chapter_number: 34
chapter_name: "TAXES ON CERTAIN INSURANCE POLICIES"
subchapter_number: "A"
subchapter_name: "Policies Issued By Foreign Insurers"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 16, 1954, ch. 736, 68A Stat. 522; Pub. L. 85–859, title I, § 141(a), Sept. 2, 1958, 72 Stat. 1301; Pub. L. 89–44, title VIII, § 804(a)(1), (2), June 21, 1965, 79 Stat. 160; Pub. L. 94–455, title XIX, § 1904(a)(12), Oct. 4, 1976, 90 Stat. 1813.)"
---


# § 4374. Liability for tax

The tax imposed by this chapter shall be paid, on the basis of a return, by any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax, or for whose use or benefit the same are made, signed, issued, or sold. The United States or any agency or instrumentality thereof shall not be liable for the tax.

---

**Source Credit**: (Aug. 16, 1954, ch. 736, 68A Stat. 522; Pub. L. 85–859, title I, § 141(a), Sept. 2, 1958, 72 Stat. 1301; Pub. L. 89–44, title VIII, § 804(a)(1), (2), June 21, 1965, 79 Stat. 160; Pub. L. 94–455, title XIX, § 1904(a)(12), Oct. 4, 1976, 90 Stat. 1813.)

## Editorial Notes

### Prior Provisions

For provisions of prior sections 4375, 4381 to 4384, see Prior Provisions note preceding .

### Amendments

1976— substituted in section catchline “Liability for tax” for “Payment of tax” and in text provisions relating to payment of tax on basis of a return and to tax-exempt status of United States and its agencies and instrumentalities for provisions relating to placing of stamps on any policy, indemnity bond, or annuity contract referred to in section 4371 and to regulation by Secretary that tax be paid on basis of a return.

1965— substituted “Payment of tax” for “Affixing of stamps” in section catchline, and inserted sentence authorizing Secretary or his delegate to provide by regulation for payment on basis of a return of tax imposed by section 4371.

1958— reenacted section without change.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1976 Amendment

Amendment by  effective on first day of first month which begins more than 90 days after , see , set out as a note under .

### Effective Date of 1965 Amendment

> “The amendments made by subsection (a) [amending this section] shall take effect on
> 
> . The amendments made by subsection (b) [amending
> 
> ] shall apply with respect to policies, bonds, and contracts with respect to which the tax imposed by section 4371 of the Code is required to be paid on the basis of a return.”

, , , provided that:

### Determination of Partnership as Continuing or Terminated Partnership

, , , mandated that only changes in the partnership occurring on or after the effective date specified in  shall be taken into account in the determination of whether a partnership is a continuing or terminated one.