INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTIETH CONGRESS, FIRST SESSION, 1947
Chap. 10 | Chap. 20 | Chap. 49 | Chap. 80 | Chap. 82 | Chap. 84 | Chap. 158 | Chap. 172 | Chap. 211 | Chap. 235 | Chap. 304 | Chap. 306 | Chap. 311 | Chap. 312 | Chap. 314 | Chap. 315 | Chap. 327 | Chap. 328 | Chap. 334 | Chap. 337 | Chap. 340 | Chap. 359 | Chap. 361 | Chap. 389 | Chap. 406 | Chap. 410 | Chap. 411 | Chap. 414 | Chap. 454 | Chap. 457 | Chap. 458 | Chap. 474 | Chap. 478 | Chap. 507 | Chap. 513 | Chap. 516 | Chap. 521 | Chap. 524

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Chapter 389
July 30, 1947 [H.R. 1566] |  [Public Law 279] 61 Stat. 641

AN ACT
To codify and enact into positive law title 4 of the United States Code, entitled “Flag and seal, Seat of Government, and the States”.

Margin Notes
Chap. 389 Title 4, U. S. Code. Codification and enactment into positive law.
Chap. 389 643
Chap. 389 644
Chap. 389 645
Sec. 2 Repeals
Sec. 2 646

Page 357

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 4 of the United States Code, entitled "Flag and seal, Seat of Government, and the States", is codified and enacted into positive law and may be cited as "4 U.S.C., § ", as follows:

TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

CHAPTER 4—THE STATES

TAX ON MOTOR FUEL SOLD ON MILITARY OR OTHER RESERVATION REPORTS TO STATE TAXING AUTHORITY

§ 104.

(a) All taxes levied by any State, Territory, or the District of Columbia upon, with respect to, or measured by, sales, purchases, storage, or use of gasoline or other motor vehicle fuels may be levied, in the same manner and to the same extent, with respect to such fuels when sold by or through post exchanges, ship stores, ship service stores, commissaries, filling stations, licensed traders, and other similar agencies, located on United States military or other reservations, when such fuels are not for the exclusive use of the United States. Such taxes, so levied, shall be paid to the proper taxing authorities of the State, Territory, or the District of Columbia, within whose borders the reservation affected may be located.

(b) The officer in charge of such reservation shall, on or before the fifteenth day of each month, submit a written statement to the proper taxing authorities of the State, Territory, or the District of Columbia within whose borders the reservation is located, showing the amount of such motor fuel with respect to which taxes are payable under subsection (a) for the preceding month.

STATE, AND SO FORTH, TAXATION AFFECTING FEDERAL AREAS; SALES OR USE TAX

§ 105.

(a) No person shall be relieved from liability for payment of, collection of, or accounting for any sales or use tax levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such a tax, on the ground that the sale or use, with respect to which such tax is levied, occurred in whole or in part within a Federal area; and such State or taxing authority shall have full jurisdiction and power to levy and collect any such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area.

(b) The provisions of subsection (a) shall be applicable only with respect to sales or purchases made, receipt from sales received, or storage or use occurring, after December 31, 1940.

SAME; EXCEPTION OF INDIANS

§ 109.

Nothing in sections 105 and 106 of this title shall be deemed to

Page 358

authorize the levy or collection of any tax on or from any Indian not otherwise taxed.

SAME; DEFINITIONS

§ 110.

As used in sections 105-109 of this title— (a) The term "person" shall have the meaning assigned to it in section 3797 of title 26.

(b) The term "sales or use tax" means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable.

(c) The term "income tax" means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.

(d) The term "State" includes any Territory or possession of the United States.

(e) The term "Federal area" means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.

SEC. 2.

The sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are hereby repealed insofar as such provisions appear in title 4, United States Code, 1940 edition, and supplements thereto, as shown by the appended table: Provided, That any rights or liabilities now existing under such repealed sections or parts thereof shall not be affected by such repeal.

Approved, July 30, 1947.


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