Loopholes > Federal > Succession and Relocation of Special Tax Status
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Succession and Relocation of Special Tax Status

IRC §4905

Allows a spouse, child, or legal representative to continue a business after the taxpayer's death, or a taxpayer to move a business location, without paying additional special taxes for the remainder of the term.

Eligibility

Applies to businesses subject to special taxes (like wagering). Successors or relocating owners must register the change with the Secretary to maintain the tax-paid status.

Frequently Asked Questions

Who is eligible for the Succession and Relocation of Special Tax Status?

Applies to businesses subject to special taxes (like wagering). Successors or relocating owners must register the change with the Secretary to maintain the tax-paid status.

How does the Succession and Relocation of Special Tax Status work?

Allows a spouse, child, or legal representative to continue a business after the taxpayer's death, or a taxpayer to move a business location, without paying additional special taxes for the remainder of the term.

What law authorizes the Succession and Relocation of Special Tax Status?

The Succession and Relocation of Special Tax Status is authorized under IRC §4905 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §4905

Source: Internal Revenue Code, Title 26, United States Code

§ 4905. Liability in case of death or change of location(a) RequirementsWhen 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: Provided, 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) RegistrationFor registration in case of wagering, see section 4412. (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 Amendments1976—Subsec. (a). Pub. L. 94–455, §§ 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). Pub. L. 94–455, § 1904(b)(8)(A), 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). Pub. L. 91–513 struck out references to narcotics and marihuana and to sections 4722 and 4753. 1965—Subsec. (b)(1). Pub. L. 89–44 struck out “playing cards,” after “wagering,” and “4455,” after “4412,”. Statutory Notes and Related Subsidiaries Effective Date of 1970 AmendmentAmendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs. Effective Date of 1965 AmendmentPub. L. 89–44, title VII, § 701(c)(2), June 21, 1965, 79 Stat. 157, provided in part that: “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 [June 21, 1965].”

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