Treasury Regulations · 26 CFR
§ 49.4261-5. Payments made outside the United States.
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. § 4261
Cite as 26 CFR § 49.4261-5
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- December 3, 1959 by T.D. 6430
- Last amended
- January 19, 2021 by T.D. 9948
- Issued under
- 26 U.S.C. § 4261
- Length
- 537 words · about 2 min to read
- Cross-references
- cites 2 Code sections and 2 regulations; cited by 0
W travels from Havana, Cuba to New York by way of Miami. He purchases in Havana a steamship ticket for his transportation from Havana to Miami and an exchange order for air transportation from Miami to New York. The ticket for the connecting transportation from Havana to Miami, and the order for the transportation from Miami to New York were not appropriately inscribed by the agency or carrier which received the payment for the air transportation involved at the time such payment was received so as to clearly show that the ticket and order were purchased for use in conjunction with each other. Therefore, the agency or carrier which accepts the exchange order and issues the ticket for the transportation from Miami to New York is required to collect the tax which applies to the amount paid outside the United States for such transportation.
X travels on a round trip from Montreal, Canada, to Los Angeles by way of New York. He purchases in Montreal air transportation for the round trip between New York and Los Angeles, and uses a private automobile for transportation from Montreal to New York and return to Montreal. The amount paid in Montreal for the round-trip transportation between New York and Los Angeles is a payment for transportation which begins and ends in the United States and is therefore subject to tax.
[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended at T.D. 9948, 86 FR 5003, Jan. 19, 2021]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
Regulations it cites
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Amended by T.D. 9948 (86 FR 5003)
- Issued by T.D. 6430 (24 FR 9665)
Where it sits in 26 CFR
- Subchapter D Miscellaneous excise taxes
- Part 49 Facilities and services excise taxes
- Subpart D Transportation of Persons
Nearby sections
- § 49.4261-1 Imposition of tax; in general.
- § 49.4261-2 Application of tax.
- § 49.4261-3 Payments made within the United States.
- § 49.4261-4 Payments made within the United States; evidence of nontaxability.
- § 49.4261-5 Payments made outside the United States.
- § 49.4261-6 Payments made outside the United States; evidence of nontaxability.
- § 49.4261-7 Examples of payments subject to tax.
- § 49.4261-8 Examples of payments not subject to tax.
- § 49.4261-9 Mileage awards.