Treasury Regulations · 26 CFR
§ 31.3121(b)(5)-1. Services in employ of an instrumentality of the United States specifically exempted from the employer tax.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 3121(b)(5)
Cite as 26 CFR § 31.3121(b)(5)-1
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Source
- T.D. 6516, 25 FR 13032, Dec. 20, 1960; 25 FR 14021, Dec. 31, 1960, unless otherwise noted.
- Issued under
- 26 U.S.C. § 3121(b)(5)
- Length
- 163 words · about 1 min to read
- Cross-references
- cites 1 Code section and 2 regulations; cited by 2
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.
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
Regulations it cites
- § 31.3112-1 Instrumentalities of the United States specifically exempted from the employer tax.
- § 31.3121(b)(6)-1 Services in employ of United States or instrumentality thereof.
Cited by 2 other regulations
Where it sits in 26 CFR
- Subchapter C Employment taxes and collection of income tax at source
- Part 31 Employment taxes and collection of income tax at source
- Subpart B Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954)
- General Provisions
Nearby sections
- § 31.3121(b)(1)-1 Certain services performed by foreign agricultural workers, or performed before 1959 in connection with oleoresinous products.
- § 31.3121(b)(2)-1 Domestic service performed by students for certain college organizations.
- § 31.3121(b)(3)-1 Family employment.
- § 31.3121(b)(4)-1 Services performed on or in connection with a non-American vessel or aircraft.
- § 31.3121(b)(5)-1 Services in employ of an instrumentality of the United States specifically exempted from the employer tax.
- § 31.3121(b)(6)-1 Services in employ of United States or instrumentality thereof.
- § 31.3121(b)(7)-1 Services in employ of States or their political subdivisions or instrumentalities.
- § 31.3121(b)(7)-2 Service by employees who are not members of a public retirement system.
- § 31.3121(b)(8)-1 Services performed by a minister of a church or a member of a religious order.