I.R.C. § 3321(a) General Rule —
There is hereby imposed on every rail employer for each calendar month an excise
tax, with respect to having individuals in his employ, equal to 4 percent of the
total rail wages paid by him during such month.
I.R.C. § 3321(b) Tax On Employee Representatives
I.R.C. § 3321(b)(1) In General —
There is hereby imposed on the income of each employee representative a tax equal
to 4 percent of the rail wages paid to him during the calendar month.
I.R.C. § 3321(b)(2) Determination Of Wages —
The rail wages of an employee representative for purposes of paragraph (1) shall
be determined in the same manner and with the same effect as if the employee organization
by which such employee representative is employed were a rail employer.
I.R.C. § 3321(c) Termination If Loans To Railroad Unemployment Fund Repaid —
The tax imposed by this section shall not apply to rail wages paid on or after the
1st day of any calendar month if, as of such 1st day, there is—
I.R.C. § 3321(c)(1) —
no balance of transfers made before October 1, 1985, to the railroad unemployment
insurance account under section 10(d) of the Railroad Unemployment Insurance Act,
and
I.R.C. § 3321(c)(2) —
no unpaid interest on such transfers.
(Added Pub. L. 98-76, title II, 231(a), Aug. 12, 1983, 97 Stat. 426, and amended Pub. L. 99-272, title XIII, 13301(a), Apr. 7, 1986, 100 Stat. 325; Pub. L. 100-647, title I, 1018(u)(17), title VIII, 7106(a), Nov. 10, 1988, 102 Stat. 3590, 3772.)
BACKGROUND NOTES
Amendments to Chapter
1988--Pub. L. 100-647, title VII, 7106(a), Nov. 10, 1988, 102 Stat. 3772, reenacted chapter heading and item 3321 without change, substituted “Definitions”
for “Taxable period"
in item 3322, and omitted item 3323 “Other definitions”.
AMENDMENTS
1988--Pub. L. 100-647, 7106(a), amended section generally, revising and restating provisions of subsecs.
(a)
and (b) and specifying imposition of 4 percent tax on rail wages rather than a tax
based on the “applicable percentage” of rail wages, and in subsec. (c)
substituting provisions relating to termination if loans to railroad unemployment
fund repaid for provisions relating to rates of tax.
Pub. L. 100-647, 1018(u)(17), added a period at end of par. (4).
1986--Subsec. (c). Pub. L. 99-272 amended subsec. (c)
generally. Prior to amendment subsec. (c) read as follows:
“(c) Rate of Tax.--For purposes of this section--
“(1) For taxable period july 1 through december 31, 1986.--The applicable percentage
for the taxable period beginning on July 1, 1986, and ending on December 31, 1986,
shall be 2 percent.
“(2) Subsequent taxable periods.--The applicable percentage for any taxable
period beginning after 1986 shall be the sum of--
“(A) 2 percent, plus
“(B) 0.3 percent for each preceding taxable period. In no event shall the applicable
percentage exceed 5 percent.”
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 1018(u)(17) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax
Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
Section 7106(d) of Pub. L. 100-647 provided that: “The amendments made by this section [amending sections 3321,
3322, 6157, 6201, 6317, 6513, and 6601 of this title, omitting section 3323 of this
title, and amending provisions set out as a note under section 231n of Title 45, Railroads],
and the provisions of subsection (b) [set out below], shall apply to remuneration
paid after December 31, 1988.”
EFFECTIVE DATE
Section 231(d) of Pub. L. 98-76 provided that: “The amendments made by this section [enacting this chapter
and amending sections 6157, 6201, 6317, 6513, and 6601 of this title] shall apply
to remuneration paid after June 30, 1986.”
CONTINUATION OF SURTAX RATE THROUGH 1990
Section 7106(b) of Pub. L. 100-647 provided that:
“(1) In general.--In the case of any calendar month beginning before January
1, 1991--
“(A) there shall be substituted for ‘4 percent’ in subsections (a)
and (b) of section 3321 of the 1986 Code the percentage equal to the sum of--
“(i) 4 percent, plus
“(ii) the surtax rate (if any)
for such calendar month, and
“(B) subsection (c) of such section shall not apply to so much of the tax imposed
by such section as is attributable to the surtax rate.
“(2) Surtax rate.--For purposes of paragraph (1), the surtax rate shall be--
“(A) 3.5 percent for each month during a calendar year if, as of September 30,
of the preceding calendar year, there was a balance of transfers (or unpaid interest
thereon)
made after September 30, 1985, to the railroad unemployment insurance account under
section 10(d) of the Railroad Unemployment Insurance Act [45 U.S.C. 360(d)], and
“(B) zero for any other calendar month.”
