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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 4 U.S.C. § 123 Scope; special rules us united_states_code code_section 4 FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES 4 THE STATES 123 4 U.S.C. § 123 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc04@119-100.zip /us/usc/t4/s123 data/legal/raw/us/code/title-04/usc04.xml 60f38d6e15650e793344148b24fbe74edc8991ccf023cb52949da0fb61b4e644 75a0350a67c3db0861c4992fe97e10959f62966b05c0b41db2f9850beb5ed882 e8d0ed7ebe4c8e91262dd35e05799d2b5450af3505ad21db834c484a588182d7 2026-07-04 official
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4 U.S.C. § 123 - Scope; special rules

Text

(a) Act Does Not Supersede Customers Liability to Taxing Jurisdiction.— Nothing in sections 116 through 126 modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of, any law allowing a taxing jurisdiction to collect a tax, charge, or fee from a customer that has failed to provide its place of primary use.

(b) Additional Taxable Charges.— If a taxing jurisdiction does not otherwise subject charges for mobile telecommunications services to taxation and if these charges are aggregated with and not separately stated from charges that are subject to taxation, then the charges for nontaxable mobile telecommunications services may be subject to taxation unless the home service provider can reasonably identify charges not subject to such tax, charge, or fee from its books and records that are kept in the regular course of business.

(c) Nontaxable Charges.— If a taxing jurisdiction does not subject charges for mobile telecommunications services to taxation, a customer may not rely upon the nontaxability of charges for mobile telecommunications services unless the customers home service provider separately states the charges for nontaxable mobile telecommunications services from taxable charges or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service providers books and records that are kept in the regular course of business that reasonably identifies the nontaxable charges.

(Added Pub. L. 106252, § 2(a), July 28, 2000, 114 Stat. 630.)

Notes

Editorial Notes

References in TextAct, referred to in subsec. (a), probably means the Mobile Telecommunications Sourcing Act, Pub. L. 106252, July 28, 2000, 114 Stat. 626, which enacted sections 116 to 126 of this title and provisions set out as notes under sections 1 and 116 of this title. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date; Application of AmendmentSection effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106252, set out as a note under section 116 of this title.