[Code of Federal Regulations] [Title 26, Volume 15] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR31.0-2] [Page 11-13] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PART 31_EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE--Table Subpart A_Introduction Sec. 31.0-2 General definitions and use of terms. (a) In general. As used in the regulations in this part, unless otherwise expressly indicated-- (1) The terms defined in the provisions of law contained in the regulations in this part shall have the meanings so assigned to them. (2) The Internal Revenue Code of 1954 means the act approved August 16, 1954 (26 U.S.C.), entitled ``An act to revise the internal revenue laws of the United States'', as amended. [[Page 12]] (3) The Internal Revenue Code of 1939 means the act approved February 10, 1939 (53 Stat., Part 1), as amended. (4) The Social Security Act means the act approved August 14, 1935 (42 U.S.C. c. 7), as amended. (5) (i) The Social Security Amendments of 1954 means the act approved September 1, 1954 (68 Stat. 1052), as amended. (ii) The Social Security Amendments of 1956 means the act approved August 1, 1956 (70 Stat. 807), as amended. (iii) The Social Security Amendments of 1958 means the act approved August 28, 1958 (72 Stat. 1013), as amended. (iv) The Social Security Amendments of 1960 means the act approved September 13, 1960 (74 Stat. 924). (v) The Social Security Amendments of 1961 means the act approved June 30, 1961 (75 Stat. 131). (vi) The Social Security Amendments of 1965 means the act approved July 30, 1965 (79 Stat. 286). (vii) The Social Security Amendments of 1967 means the act approved January 2, 1968 (81 Stat. 821). (viii) The Social Security Amendments of 1972 means the act approved October 30, 1972 (86 Stat. 1329). (6) The Social Security Administration means the Social Security Administration of the Department of Health and Human Services. (See the Statement of Organization and delegations of Authority of the Department of Health and Human Services (20 CFR Part 1996).) (7) District director means district director of internal revenue. The term also includes the Director of International Operations in all cases where the authority to perform the functions which may be performed by a district director has been delegated to the Director of International Operations. (8) Person includes an individual, a corporation, a partnership, a trust or estate, a joint-stock company, an association, or a syndicate, group, pool, joint venture or other unincorporated organization or group, through or by means of which any business, financial operation, or venture is carried on. It includes a guardian, committee, trustee, executor, administrator, trustee in bankruptcy, receiver, assignee for the benefit of creditors, conservator, or any person acting in a fiduciary capacity. (9) Calendar quarter means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31. (10) Account number means the identifying number of an employee assigned, as the case may be, under the Internal Revenue Code of 1954, under Subchapter A of Chapter 9 of the Internal Revenue Code of 1939, or under Title VIII of the Social Security Act. See also Sec. 301.7701-11 of this chapter (Regulations on Procedure and Administration). (11) Identification number means the identifying number of an employer assigned, as the case may be, under the Internal Revenue Code of 1954, under Subchapter A or D of Chapter 9 of the Internal Revenue Code of 1939, or under Title VIII of the Social Security Act. See also Sec. 301.7701-12 of this chapter (Regulations on Procedure and Administration). (12) Regulations 90 means the regulations approved February 17, 1936 (26 CFR (1939) Part 400), as amended, relating to the excise tax on employers under Title IX of the Social Security Act, and such regulations as made applicable to Subchapter C of Chapter 9 and other provisions of the Internal Revenue Code of 1939 by Treasury Decision 4885, approved February 11, 1939 (26 CFR (1939) 1943 Cum. Supp., p. 5876), together with any amendments to such regulations as so made applicable to the Internal Revenue Code of 1939. (13) Regulations 91 means the regulations approved November 9, 1936 (26 CFR (1939) Part 401), as amended, relating to the employees' tax and the employers' tax under Title VIII of the Social Security Act, and such regulations as made applicable to Subchapter A of Chapter 9 and other provisions of the Internal Revenue Code of 1939 by Treasury Decision 4885, approved February 11, 1939 (26 CFR (1939) 1943 Cum. Supp., p. 5876), together with any amendments to such regulations as so made applicable to the Internal Revenue Code of 1939. (14) Regulations 106 means the regulations approved February 24, 1940 (26 [[Page 13]] CFR (1939) Part 402), as amended, relating to the employees' tax and the employers' tax under the Federal Insurance Contributions Act (Subchapter A of Chapter 9 of the Internal Revenue Code of 1939) with respect to the period after 1939 and before 1951. (15) Regulations 107 means the regulations approved September 12, 1940 (26 CFR (1939) Part 403), as amended, relating to the excise tax on employers under the Federal Unemployment Tax Act (Subchapter C of Chapter 9 of the Internal Revenue Code of 1939) with respect to the period after 1939 and before 1955. (16) Regulations 114 means the regulations approved December 30, 1948 (26 CFR (1939) Part 411), as amended, relating to the employers' tax, employees' tax, and employee representatives' tax under the Railroad Retirement Tax Act (Subchapter B of Chapter 9 of the Internal Revenue Code of 1939) with respect to compensation paid after 1948 for services rendered after 1946 and before 1955. (17) Regulations 120 means the regulations approved December 22, 1953 (26 CFR (1939) Part 406), as amended, relating to collection of income tax at source on wages under Subchapter D of Chapter 9 of the Internal Revenue Code of 1939 with respect to the period after 1953 and before 1955. (18) Regulations 128 means the regulations approved December 6, 1951 (26 CFR (1939) Part 408), as amended, relating to the employee tax and the employer tax under the Federal Insurance Contributions Act (Subchapter A of Chapter 9 of the Internal Revenue Code of 1939) with respect to the period after 1950 and before 1955. (19) The cross references in the regulations in this part to other portions of the regulations, when the word ``see'' is used, are made only for convenience and shall be given no legal effect. (b) Subpart B. As used in Subpart B of this part, unless otherwise expressly indicated-- (1) Act means the Federal Insurance Contributions Act. (2) Taxes means the employee tax and the employer tax, as respectively defined in this paragraph. (3) Employee tax means the tax (with respect to wages received by an employee after Dec. 31, 1965, the taxes) imposed by section 3101 of the Code. (4) Employer tax means the tax (with respect to wages paid by an employer after Dec. 31, 1965, the taxes) imposed by section 3111 of the Code. (c) Subpart C. As used in Subpart C of this part, unless otherwise expressly indicated-- (1) Act means the Railroad Retirement Tax Act. (2) Railway Labor Act means the act approved May 20, 1926 (45 U.S.C. c. 8), as amended. (3) Railroad Retirement Act of 1937 means the act approved June 24, 1937 (45 U.S.C. 228a and following), as amended. (4) Railroad Retirement Board means the board established pursuant to section 10 of the Railroad Retirement Act of 1937 (45 U.S.C. 228j). (5) Tax means the employee tax, the employee representative tax, or the employer tax, as respectively defined in this paragraph. (6) Employee tax means the tax imposed by section 3201 of the Code. (7) Employee representative tax means the tax imposed by section 3211 of the Code. (8) Employer tax means the tax imposed by section 3221 of the Code. (d) Subpart D. As used in Subpart D of this part, unless otherwise expressly indicated: (1) Act means the Federal Unemployment Tax Act. (2) Railroad Unemployment Insurance Act means the act approved June 25, 1938 (45 U.S.C. c. 11), as amended. (3) Tax means the tax imposed by section 3301 of the Code. (e) Subpart E. As used in Subpart E of this part, unless otherwise expressly indicated, tax means the tax required to be deducted and withheld from wages under section 3402 of the Code. [T.D. 6516, 25 FR 13032, Dec. 20, 1960, as amended by T.D. 6606, 27 FR 8516, Aug. 25, 1962; T.D. 6658, 28 FR 6631, June 27, 1963; T.D. 6983, 33 FR 18013, Dec. 4, 1968; T.D. 7280, 38 FR 18369, July 10, 1973]