26 U.S.C. § 3321: Imposition of tax

There is hereby imposed on every rail employer for each calendar month an excise tax, with respect to having individuals in his employ, equal to 4 percent of the total rail wages paid by him during such month. There is hereby imposed on the income of each employee representative a tax equal to 4 percent of the rail wages paid to him during the calendar month. The rail wages of an employee representative for purposes of paragraph (1) shall be determined in the same manner and with the same effect as if the employee organization by which such employee representative is employed were a rail employer. no balance of transfers made before October 1, 1985 , to the railroad unemployment insurance account under section 10(d) of the Railroad Unemployment Insurance Act, and no unpaid interest on such transfers. 4 percent, plus the surtax rate (if any) for such calendar month, and subsection (c) of such section shall not apply to so much of the tax imposed by such section as is attributable to the surtax rate. 3.5 percent for each month during a calendar year if, as of September 30, of the preceding calendar year, there was a balance of transfers (or unpaid interest thereon) made after September 30, 1985 , to the railroad unemployment insurance account under section 10(d) of the Railroad Unemployment Insurance Act [ 45 U.S.C. 360(d) ], and zero for any other calendar month.”