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26 USC § 4905 - Liability in case of death or change of location

---
identifier: "/us/usc/t26/s4905"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 4905 - Liability in case of death or change of location"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "4905"
section_name: "Liability in case of death or change of location"
chapter_number: 40
chapter_name: "GENERAL PROVISIONS RELATING TO OCCUPATIONAL TAXES"
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. 594; Pub. L. 89–44, title IV, § 405(c), June 21, 1965, 79 Stat. 149; Pub. L. 91–513, title III, § 1102(b), Oct. 27, 1970, 84 Stat. 1292; Pub. L. 94–455, title XIX, §§ 1904(a)(20), (b)(8)(A), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1814, 1816, 1834.)"
---

# § 4905. Liability in case of death or change of location

**(a)** **Requirements** *Provided*

When any person who has paid the special tax for any trade or business dies, his spouse or child, or executors or administrators or other legal representatives, may occupy the house or premises, and in like manner carry on, for the residue of the term for which the tax is paid, the same trade or business as the deceased before carried on, in the same house and upon the same premises, without the payment of any additional tax. When any person removes from the house or premises for which any trade or business was taxed to any other place, he may carry on the trade or business specified in the register kept in the office of the official in charge of the internal revenue district at the place to which he removes, without the payment of any additional tax: , That all cases of death, change, or removal, as aforesaid, with the name of the successor to any person deceased, or of the person making such change or removal, shall be registered with the Secretary, under regulations to be prescribed by the Secretary.

**(b)** **Registration** For registration in case of wagering, see section 4412.

---

**Source Credit**: (Aug. 16, 1954, ch. 736, 68A Stat. 594; Pub. L. 89–44, title IV, § 405(c), June 21, 1965, 79 Stat. 149; Pub. L. 91–513, title III, § 1102(b), Oct. 27, 1970, 84 Stat. 1292; Pub. L. 94–455, title XIX, §§ 1904(a)(20), (b)(8)(A), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1814, 1816, 1834.)

## Editorial Notes

### Amendments

1976—Subsec. (a). , §§ 1904(a)(20), 1906(b)(13)(A), substituted “spouse or child” for “wife or child” and struck out “or his delegate” after “Secretary” wherever appearing.

Subsec. (b). , among other changes, struck out reference to section 4804(d) for registration in case of white phosphorous matches and references to subtitle F for other provisions relating to registration.

1970—Subsec. (b)(1).  struck out references to narcotics and marihuana and to sections 4722 and 4753.

1965—Subsec. (b)(1).  struck out “playing cards,” after “wagering,” and “4455,” after “4412,”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1970 Amendment

Amendment by  effective on first day of seventh calendar month that begins after , see , set out as an Effective Date note under , Food and Drugs.

### Effective Date of 1965 Amendment

> “The amendments made by section 402 [repealing sections 4451 to 4457 of this title] (relating to playing cards) and by subsection (c) of section 405 [amending this section] shall apply on and after the day after the date of the enactment of this Act [
> 
> ].”

, , , provided in part that:

### Savings Provision

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by  not to be affected or abated by reason thereof, see , set out as a note under , Food and Drugs.