Treasury Regulations (26 C.F.R.)

26 CFR § 31.3121(b)(5)-1

Services in employ of an instrumentality of the United States specifically exempted from the employer tax.

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Services performed in the employ of an instrumentality of the United States are excepted from employment if such instrumentality is exempt from the employer tax imposed by section 3111 by virtue of any other provision of law which specifically refers to such section 3111 or the corresponding section of prior law (section 1410 of the Internal Revenue Code of 1939) in granting exemption from the employer tax. This exception does not operate to exclude from employment services performed in the employ of an instrumentality of the United States unless the Congress has granted to such instrumentality a specific exemption from the tax imposed by section 3111 or the corresponding section of prior law. For provisions which make general exemptions from Federal taxation ineffectual as to the employer tax imposed by section 3111, see § 31.3112-1. For other exceptions from employment applicable with respect to services performed in the employ of an instrumentality of the United States, see § 31.3121(b)(6)-1.

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In this part (40 sections)
  1. 31.3121(a)(5)-2 · Payments under or to an annuity contract described in…
  2. 31.3121(a)(6)-1 · Payment by an employer of employee tax under section…
  3. 31.3121(a)(7)-1 · Payments for services not in the course of employer's…
  4. 31.3121(a)(8)-1 · Payments for agricultural labor.
  5. 31.3121(a)(9)-1 · [Reserved]
  6. 31.3121(a)(10)-1 · Payments to certain home workers.
  7. 31.3121(a)(11)-1 · Moving expenses.
  8. 31.3121(a)(12)-1 · Tips.
  9. 31.3121(a)(13)-1 · Payments under certain employers' plans after…
  10. 31.3121(a)(14)-1 · Payments by employer to survivor or estate of former…
  11. 31.3121(a)(15)-1 · Payments by employer to disabled former employee.
  12. 31.3121(a)(18)-1 · Payments or benefits under a qualified educational…
  13. 31.3121(b)-1 · Employment; services to which the regulations in this…
  14. 31.3121(b)-2 · Employment; services performed before 1955.
  15. 31.3121(b)-3 · Employment; services performed after 1954.
  16. 31.3121(b)-4 · Employment; excepted services in general.
  17. 31.3121(b)(1)-1 · Certain services performed by foreign agricultural…
  18. 31.3121(b)(2)-1 · Domestic service performed by students for certain…
  19. 31.3121(b)(3)-1 · Family employment.
  20. 31.3121(b)(4)-1 · Services performed on or in connection with a…
  21. 31.3121(b)(5)-1 · Services in employ of an instrumentality of the…
  22. 31.3121(b)(6)-1 · Services in employ of United States or…
  23. 31.3121(b)(7)-1 · Services in employ of States or their political…
  24. 31.3121(b)(7)-2 · Service by employees who are not members of a public…
  25. 31.3121(b)(8)-1 · Services performed by a minister of a church or a…
  26. 31.3121(b)(9)-1 · Railroad industry; services performed by an employee…
  27. 31.3121(b)(10)-1 · Services for remuneration of less than $50 for…
  28. 31.3121(b)(10)-2 · Services performed by certain students in the employ…
  29. 31.3121(b)(11)-1 · Services in the employ of a foreign government.
  30. 31.3121(b)(12)-1 · Services in employ of wholly owned instrumentality…
  31. 31.3121(b)(13)-1 · Services of student nurse or hospital intern.
  32. 31.3121(b)(14)-1 · Services in delivery or distribution of newspapers,…
  33. 31.3121(b)(15)-1 · Services in employ of international organization.
  34. 31.3121(b)(16)-1 · Services performed under share-farming arrangement.
  35. 31.3121(b)(17)-1 · Services in employ of Communist organization.
  36. 31.3121(b)(18)-1 · Services performed by a resident of the Republic of…
  37. 31.3121(b)(19)-1 · Services of certain nonresident aliens.
  38. 31.3121(b)(20)-1 · Service performed on a boat engaged in catching fish.
  39. 31.3121(c)-1 · Included and excluded services.
  40. 31.3121(d)-1 · Who are employees.
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