The proceeds of customs duties, the proceeds of the United States income tax, the proceeds of any taxes levied by the Congress on the inhabitants of the Virgin Islands, and the proceeds of all quarantine, passport, immigration, and naturalization fees collected in the Virgin Islands, (less the cost of collecting such duties, taxes and fees as may be directly attributable (as certified by the Comptroller of the Virgin Islands) to the importation of petroleum products until January 1, 1982: Provided, That any other retained costs not heretofore remitted pursuant to the Act of August 18, 1978, shall be immediately remitted to the Treasury of the Virgin Islands notwithstanding any other provision of law) shall be covered into the treasury of the Virgin Islands, and shall be available for expenditure as the Legislature of the Virgin Islands may provide: Provided, That the term “inhabitants of the Virgin Islands” as used in this section shall include all persons whose permanent residence is in the Virgin Islands, and such persons shall satisfy their income tax obligations under applicable taxing statutes of the United States by paying their tax on income derived from all sources both within and outside the Virgin Islands into the treasury of the Virgin Islands: Provided further, That nothing in this chapter shall be construed to apply to any tax specified in section 3811 of the Internal Revenue Code.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1958–2023 · leading case:
Danbury, Inc. v. Olive, 627 F. Supp. 513 (D.V.I. 1986).
Danbury, Inc. v. Olive, 627 F. Supp. 513 (D.V.I. 1986).
· cites it 5× “Inhabitants are taxed under the authority of 48 U.S.C. § 1642 (Supp. 1985) which provides: Use of certain proceeds for expenditure; income tax obligations of inhabitants The proceeds of customs duties, the proceeds of the United States income tax [and] the proceeds of any taxes…”
Vitco, Inc. v. Gov't of the Virgin Islands & Reuben Wheatley, Comm'r of Fin., 560 F.2d 180 (3rd Cir. 1977).
· cites it 2× “the term ‘inhabitants of the Virgin Islands’ as used in this section shall include all persons whose permanent residence is in the Virgin Islands, and such persons shall satisfy their income tax obligations under applicable taxing statutes of the United States by paying their…”
Gov't of the United States Virgin Islands v. Comm'r of IRS, 743 F.3d 790 (11th Cir. 2014).
“§ 7654 (a); 48 U.S.C. § 1642 . 9 . In the IRS’s brief, it attempts to dismiss the possibility of double taxation — which it created by issuing deficiency notices after the Taxpayers were barred from obtaining a refund of taxes paid to the Virgin Islands — by telling this court…”
Paradise Motors, Inc. v. Murphy, 892 F. Supp. 703 (D.V.I. 1994).
· cites it 2× “Revised Organic Act § 28(a), 48 U.S.C. § 1642 . Like earlier statutes, however, the Revised Organic Act carried forward all Danish colonial laws then in force in the Territory, so long as they were “not inconsistent” with the new law.”
George H. T. Dudley v. Comm'r of Internal Revenue, 258 F.2d 182 (3rd Cir. 1958).
“sed in this section shall include all persons whose permanent residence is in the Virgin Islands, and such persons shall satisfy their income tax obligations under applicable taxing statutes of the United States by paying their tax on income derived from all sources both within…”
Bizcap, Inc. v. Olive, 892 F.2d 1163 (3rd Cir. 1989).
· cites it 3× “508 , codified at 48 U.S.C.A. § 1642 (West 1987). 1 Bizcap filed United States income tax returns of a foreign corporation with the Bureau of Internal Revenue in the Virgin Islands (“BIR”) for Bizcap’s tax years ending May 1983 and 1984.”
Chicago Bridge & Iron Co., Ltd. v. Ruben B. Wheatley, Comm'r of Fin., 430 F.2d 973 (3rd Cir. 1970).
“Revised Organic Act of the Virgin Islands § 28(a), 48 U.S.C. § 1642 (1964). However, corporations domiciled on the mainland and United States citizens not residing permanently in the Virgin Islands must still file two tax returns, one reporting and paying taxes to the Virgin…”
Brent v. Quinn, 589 F. Supp. 810 (D.V.I. 1984).
· cites it 2× “Revised Organic Act of the Virgin Islands § 28(a), 48 U.S.C. § 1642 *78 (Supp. 1983). However, United States citizens not residing permanently in the Virgin Islands, but deriving some income in the Virgin Islands, must file two tax returns, one reporting and paying taxes to the…”
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