[Title 26 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 1997 Edition]
[From the U.S. Government Publishing Office]


          26



          Internal Revenue



[[Page i]]

          PARTS 40 TO 49

          Revised as of April 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF APRIL 1, 1997
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 26:
    Chapter I--Internal Revenue Service, Department of the 
        Treasury (Continued)..................................       3
  Finding Aids:
    Table of CFR Titles and Chapters..........................     293
    Alphabetical List of Agencies Appearing in the CFR........     309
    Table of OMB Control Numbers..............................     319
    List of CFR Sections Affected.............................     335

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                                  ----------------------------------------------------------                    

  Cite this Code:  CFR                                                         
                                                                                                                
  To cite the regulations in this volume use title, part                       
  and section number. Thus, 26 CFR 40.0-1 refers to title                     
  26, part 40, section 0-1.                                                   
                                  ----------------------------------------------------------                    
                                                                                                                


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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

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noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, April 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

April 1, 1997.



[[Page vii]]



                               THIS TITLE

    Title 26--Internal Revenue is composed of nineteen volumes. The 
contents of these volumes represent all current regulations issued by 
the Internal Revenue Service, Department of the Treasury, as of April 1, 
1997. The first twelve volumes comprise part 1 (Subchapter A--Income 
Tax) and are arranged by sections as follows: Secs. 1.0-1-1.60; 
Secs. 1.61-1.169; Secs. 1.170-1.300; Secs. 1.301-1.400; Secs. 1.401-
1.440; Secs. 1.441-1.500; Secs. 1.501-1.640; Secs. 1.641-1.850; 
Secs. 1.851-1.907; Secs. 1.908-1.1000; Secs. 1.1001-1.1400 and 
Sec. 1.1401 to end. The thirteenth volume containing parts 2-29, 
includes the remainder of subchapter A and all of Subchapter B--Estate 
and Gift Taxes. The last six volumes contain parts 30-39 (Subchapter C--
Employment Taxes and Collection of Income Tax at Source); parts 40-49; 
parts 50-299 (Subchapter D--Miscellaneous Excise Taxes); parts 300-499 
(Subchapter F--Procedure and Administration); parts 500-599 (Subchapter 
G--Regulations under Tax Conventions); and part 600 to end (Subchapter 
H--Internal Revenue Practice).

    The OMB control numbers for Title 26 appear in Sec. 602.101 of this 
chapter. For the convenience of the user, Sec. 602.101 appears in the 
Finding Aids section of the volumes containing parts 1 to 599.

    For this volume, Carol Conroy was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

[[Page viii]]



 
[[Page 1]]



                       TITLE 26--INTERNAL REVENUE




                   (This book contains parts 40 to 49)

  --------------------------------------------------------------------
                                                                    Part
Chapter i--Internal Revenue Service, Department of the 
  Treasury (Continued)......................................          40

[[Page 3]]



CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY--(Continued)




  --------------------------------------------------------------------

  Editorial Note: IRS published a document at 45 FR 6088, Jan. 25, 1980, 
deleting statutory sections from their regulations. In Chapter I cross 
references to the deleted material have been changed to the 
corresponding sections of the IRS Code of 1954 or to the appropriate 
regulations sections. When either such change produced a redundancy, the 
cross reference has been deleted. For further explanation, see 45 FR 
20795, March 31, 1980.

                SUBCHAPTER D--MISCELLANEOUS EXCISE TAXES
Part                                                                Page
40              Excise tax procedural regulations...........           5
41              Excise tax on use of certain highway motor 
                    vehicles................................          22
43              Excise tax on transportation by water.......          49
44              Taxes on wagering; effective January 1, 1955          50
46              Excise tax on policies issued by foreign 
                    insurers and obligations not in 
                    registered form.........................          62
47              Floor stocks taxes..........................          66
48              Manufacturers and retailers excise taxes....          75
49              Facilities and services excise taxes........         257

  Supplementary Publication: Internal Revenue Service Looseleaf 
Regulations System.

  Additional supplementary publications are issued covering Alcohol, 
Tobacco and Firearms Regulations, and Regulations Under Tax Conventions.

[[Page 5]]



                SUBCHAPTER D--MISCELLANEOUS EXCISE TAXES







PART 40--EXCISE TAX PROCEDURAL REGULATIONS--Table of Contents






Sec.
40.0-1  Introduction.
40.6011(a)-1  Returns.
40.6011(a)-2  Final returns.
40.6071(a)-1  Time for filing returns.
40.6071(a)-2  Time for filing quarterly returns under chapter 33 and 
          sections 4681 and 4682(h).
40.6091-1  Place for filing returns.
40.6101-1  Period covered by returns.
40.6109(a)-1  Identifying numbers.
40.6151(a)-1  Time and place for paying tax shown on return.
40.6302(c)-1  Use of Government depositaries.
40.6302(c)-1T  Use of Government depositaries-deposits required to be 
          made by electronic funds transfer after December 31, 1994 
          (temporary).
40.6302(c)-2  Special rules for use of Government depositaries under 
          section 4681.
40.6302(c)-3  Special rules for use of Government depositaries under 
          chapter 33.
40.6302(c)-4  Special rule for use of Government depositaries under 
          section 4081.
40.9999-1  Examples.

    Authority: 26 U.S.C. 7805.

    Section 40.6011(a)-1 also issued under 26 U.S.C. 6011(a).
    Section 40.6011(a)-2 also issued under 26 U.S.C. 6011(a).
    Sections 40.6071(a)-1 and 40.6071(a)-2 also issued under 26 U.S.C. 
6071(a).
    Section 40.6091-1 also issued under 26 U.S.C. 6091.
    Section 40.6101-1 also issued under 26 U.S.C. 6101.
    Section 40.6109(a)-1 also issued under 26 U.S.C. 6109(a).
    Sections 40.6302(c)-1, 40.6302(c)-2, 40.6302(c)-3, and 40.6302(c)-4 
also issued under 26 U.S.C. 6302(a).
    Section 40.6302(c)-1T also issued under 26 U.S.C. 6302 (a) and (h).

    Source: T.D. 8442, 57 FR 48177, Oct. 22, 1992, unless otherwise 
noted.





Sec. 40.0-1  Introduction.

    (a) In general. The regulations in this part 40 are designated 
``Excise Tax Procedural Regulations.'' The regulations set forth 
administrative provisions relating to the excise taxes imposed by 
chapters 31, 32, 33, 34, 36, 38, and 39 (except for the chapter 32 tax 
imposed by section 4181 (firearms tax) and the chapter 36 taxes imposed 
by sections 4461 (harbor maintenance tax), 4481 (heavy vehicle use tax), 
and 4495 (deep seabed mineral removal tax)). Chapter 31 relates to 
retail excise taxes; chapter 32 to manufacturers' excise taxes; chapter 
33 to taxes imposed on communications services and air transportation; 
chapter 34 to taxes imposed on policies issued by foreign insurers; 
chapter 36 to taxes imposed on transportation by water; chapter 38 to 
environmental taxes; and chapter 39 to taxes imposed on registration-
required obligations. See parts 43, 46, 48, 49, and 52 of this chapter 
for regulations relating to the imposition of tax.
    (b) References to forms. Any reference to a form in this part is 
also a reference to any other form designated for the same use by the 
Commissioner after October 22, 1992.
    (c) Definition of semimonthly period. The term ``semimonthly 
period'' means the first 15 days of a calendar month (the ``first 
semimonthly period'') or the portion of a calendar month following the 
15th day of the month (the ``second semimonthly period'').
    (d) Examples. See Sec. 40.9999-1 for examples illustrating the rules 
of this part 40.
    (e) Cross references. For provisions relating to penalties for 
failure to file a return or pay tax, see section 6651. For provisions 
relating to penalties for failure to make deposit of taxes, see section 
6656. For provisions relating to timely mailing treated as timely filing 
and paying, see section 7502. For provisions relating to time for 
performance of acts where the last day for performance falls on 
Saturday, Sunday, or a legal holiday, see section 7503.
    (f) Effective date. Except as otherwise provided, this part is 
effective April 1, 1991, for returns that relate to calendar quarters 
beginning after December 31, 1990, and are filed after March 31, 1991, 
and for deposits that relate to calendar quarters beginning after March 
31, 1991. In the case of taxes for which rules are provided in this 
part, the administrative provisions that apply to such taxes before the 
effective date of this part are contained in 26 CFR parts 43, 46, 48,

[[Page 6]]

49 and 52 (each revised as of April 1, 1992).

[T.D. 8442, 57 FR 48177, Oct. 22, 1992; 58 FR 6575, Jan. 29, 1993]





Sec. 40.6011(a)-1  Returns.

    (a) In general--(1) Return required. The return of any tax to which 
this part 40 applies must be made on Form 720, Quarterly Federal Excise 
Tax Return, according to the instructions applicable to the form. The 
requirement for filing a return under this part 40 applies separately to 
each tax listed by IRS Number on Form 720. Except as provided in this 
paragraph (a)(1), an entry must be made on the line for the IRS Number 
in order to file a return of the tax corresponding to that number. The 
entry on an IRS Number line of the word ``none,'' ``zero,'' or 
comparable entry clearly indicating a denial of liability constitutes a 
return of that tax. The entry of the word ``none'' across the return or 
in the summary portion, provided it clearly indicates a denial of 
liability for all taxes, constitutes a return of all taxes listed on 
Form 720.
    (2) Period covered by return--(i) In general. Except as provided in 
paragraph (b) of this section, the return must be made for a period of 
one calendar quarter. A return must be filed for the first calendar 
quarter in which liability for tax is incurred (or in which tax must be 
collected and paid over) and for each subsequent calendar quarter, 
whether or not liability is incurred (or tax must be collected and paid 
over) during that subsequent quarter, until a final return under 
Sec. 40.6011(a)-2 is filed. In the case of one-time filings (as defined 
in Sec. 40.6011(a)-2(b)) and returns of floor stocks taxes under 
Sec. 40.6011(a)-2(c), a first return is also a final return.
    (ii) First return. A person's return is a first return if the person 
was not required under this part 40 to file a return (other than a final 
return) for the preceding period.
    (3) Person required to file the return. Except in the case of a tax 
required to be collected and paid over, the person incurring liability 
for tax must file the return. In the case of a tax required to be 
collected and paid over, the person required to collect the tax (and not 
the person incurring liability) must file the return.
    (b) Monthly and semimonthly returns.--(1) In general. If the 
district director determines that any person that is required under this 
section to file returns has failed to comply in a timely manner with the 
requirements of this part 40 relating to returns, payments, and deposits 
of tax, that person will be required, if so notified in writing by the 
district director, to make a return for a monthly or semimonthly period 
(as defined in Sec. 40.0-1(c)). Each person so notified by the district 
director must make a return for the calendar month or semimonthly period 
in which the notice is received and for each calendar month or 
semimonthly period thereafter until the person has filed a final return 
or until the person is notified by the district director to resume 
making quarterly returns.
    (2) Certain persons liable for tax on taxable fuel. Effective 
January 1, 1994, the district director may require a person to make a 
return of tax for a monthly or semimonthly period in the manner 
prescribed in paragraph (b)(1) of this section if the person--
    (i) Is a bonded registrant (as defined in Sec. 48.4101-1(b) of this 
chapter) at any time during the period;
    (ii) Has been registered under section 4101 for less than one year 
at the beginning of the period;
    (iii) Meets the acceptable risk test of Sec. 48.4101-1(f)(3) of this 
chapter by reason of Sec. 48.4101-1(f)(3)(i)(B) of this chapter at any 
time during the period;
    (iv) Has failed to comply with the applicable provisions of 
Sec. 48.4101-1(h) of this chapter (relating to the terms and conditions 
of registration);
    (v) Is liable for tax under Sec. 48.4082-4(a) of this chapter 
(relating to the back-up tax on diesel fuel) at any time during the 
period; or
    (vi) Is liable for tax under section 4081 (relating to the tax on 
taxable fuel) at any time during the period and is not a taxable fuel 
registrant at that time.
    (c) Cross reference. For provisions relating to the time to file 
returns, see Secs. 40.6071(a)-1 and 40.6071(a)-2. For provisions 
relating to the place for filing returns, see Sec. 40.6091-1. For 
provisions relating to time and place for paying

[[Page 7]]

tax, see Sec. 40.6151(a)-1. For provisions relating to use of Government 
depositaries, see Secs. 40.6302(c)-1, 40.6302(c)-2, 40.6302(c)-3, and 
40.6302(c)-4. For provisions relating to obligations of a person 
required to collect and pay over facilities and services excise taxes, 
see Sec. 49.4291-1 of this chapter.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8659, 61 FR 
10452, Mar. 14, 1996; 61 FR 58005, Nov. 12, 1996]





Sec. 40.6011(a)-2  Final returns.

    (a) In general--(1) Permanent cessation of operations. Any person 
that is required under Sec. 40.6011(a)-1 to make returns and that 
permanently ceases all operations with respect to which liability for 
tax was incurred (or with respect to which tax had to be collected and 
paid over) must make a final return in accordance with the instructions 
applicable to the form on which the return is made. A person does not 
make a final return if only a temporary or partial cessation of such 
operations occurs and must continue to file returns as required under 
Sec. 40.6011(a)-1.
    (2) Change in law without cessation of operations. Any person that 
is required under Sec. 40.6011(a)-1 to make returns must make a final 
return in accordance with the instructions applicable to the form on 
which the return is made if, by reason of a change in law, that person 
is no longer liable for any tax (or, in the case of a collected tax, is 
no longer responsible for collecting and paying over any tax). For 
example, if the tax on a product is changed from a retail tax to a 
manufacturers tax, a retailer formerly liable for the tax but now buying 
the product tax-paid from its supplier must make a final return 
(assuming that the retailer has no other tax liability reportable on the 
return).
    (b) Special rule for one-time filings--(1) In general. A first 
return is also a final return if it is a one-time filing. A return is a 
one-time filing if the person reporting tax does not engage in any 
activity with respect to which tax is reportable on the return in the 
course of a trade or business.
    (2) Deposits not required. See Sec. 40.6302(c)-1(f)(2) for a rule 
providing that no deposit of taxes reported on a one-time filing is 
required.
    (c) Special rule for floor stocks taxes. A first return reporting 
only floor stocks taxes under this part 40 is also a final return.
    (d) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8685, 61 FR 
58005, Nov. 12, 1996]





Sec. 40.6071(a)-1  Time for filing returns.

    (a) Quarterly returns--(1) In general. Except as provided in 
paragraph (a)(2) of this section and in Sec. 40.6071(a)-2 (relating to 
quarterly returns under chapter 33 and sections 4681 and 4682(h)), each 
quarterly return required under Sec. 40.6011(a)-1(a)(2) must be filed by 
the last day of the first calendar month following the quarter for which 
it is made.
    (2) Special rule. A person must file only one return for a quarter. 
If under Sec. 40.6071(a)-2 a person is required to file a return for a 
quarter by a date that is later than the date provided in paragraph 
(a)(1) of this section, the person must file a single return for the 
quarter by the filing date provided under Sec. 40.6071(a)-2. This rule 
does not extend the time for making deposits or paying any excise tax.
    (b) Monthly and semimonthly returns--(1) Monthly returns. Each 
monthly return required under Sec. 40.6011(a)-1(b) must be filed by the 
fifteenth day of the month following the month for which it is made.
    (2) Semimonthly returns. Each semimonthly return required under 
Sec. 40.6011(a)-1(b) must be filed by the ninth day of the semimonthly 
period (as defined in Sec. 40.0-1(c)) following the semimonthly period 
for which it is made.
    (c) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.





Sec. 40.6071(a)-2  Time for filing quarterly returns under chapter 33 and sections 4681 and 4682(h).

    (a) In general. In the case of returns of tax imposed by chapter 33 
(relating

[[Page 8]]

to communications services and air transportation) or section 4681 
(relating to ozone-depleting chemicals), each quarterly return required 
under Sec. 40.6011(a)-1(a)(2) must be filed by the last day of the 
second calendar month following the quarter for which it is made.
    (b) Special rule for floor stocks tax imposed by section 4682(h). In 
the case of floor stocks taxes imposed by section 4682(h) on January 1 
of a calendar year, each return required under Sec. 40.6011(a)-1(a) must 
be filed by August 31 of the year the tax is imposed. Each of these 
returns will be a return for the second calendar quarter of the year in 
which the tax is imposed.
    (c) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992; 58 FR 6575, Jan. 29, 1993]





Sec. 40.6091-1  Place for filing returns.

    (a) Quarterly returns. Except as provided in paragraph (b) of this 
section, quarterly returns must be filed in accordance with the 
instructions applicable to the form on which the return is made.
    (b) Hand-carried returns--(1) Persons other than corporations. 
Returns of persons other than corporations that are filed by hand 
carrying must be filed with the district director for the Internal 
Revenue district in which is located the principal place of business or 
legal residence of the person.
    (2) Corporations. Returns of corporations that are filed by hand 
carrying must be filed with the district director for the Internal 
Revenue district in which is located the principal place of business or 
principal office or agency of the corporation.
    (c) Monthly and semimonthly returns. Monthly and semimonthly returns 
required under Sec. 40.6011(a)-1(b) must be filed in accordance with the 
instructions of the district director requiring that filing.
    (d) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.





Sec. 40.6101-1  Period covered by returns.

    (a) In general. See Sec. 40.6011(a)-1(a)(2) for the rules relating 
to the period covered by the return.
    (b) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.





Sec. 40.6109(a)-1  Identifying numbers.

    (a) In general. Every person required under Sec. 40.6011(a)-1 to 
make a return must provide the identifying number required by the 
instructions applicable to the form on which the return is made.
    (b) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.





Sec. 40.6151(a)-1  Time and place for paying tax shown on return.

    (a) In general. Except as provided by statute, the tax must be paid 
at the time prescribed in Sec. 40.6071(a)-1 or 40.6071(a)-2 for filing 
the return, and at the place prescribed in Sec. 40.6091-1 for filing the 
return.
    (b) Special rule for floor stocks tax imposed by section 4682(h). 
The floor stocks tax imposed by section 4682(h) (relating to ozone-
depleting chemicals) on January 1 of a calendar year, must be paid by 
June 30 of the year the tax is imposed. Payments must be accompanied by 
Form 8109, Federal Tax eposit Coupon, and deposited in accordance with 
the instructions applicable to that form. In accordance with the 
instructions to Form 8109, mark the boxes on Form 8109 for ``720'' and 
``2nd Quarter.''
    (c) Cross reference. For provisions relating to use of Government 
depositaries, see Secs. 40.6302(c)-1, 40.6302(c)-2, 40.6302(c)-3, and 
40.6302(c)-4.
    (d) Effective date. This section is effective April 1, 1991, for 
returns that relate to calendar quarters beginning after December 31, 
1990, and are filed after March 31, 1991.

[[Page 9]]





Sec. 40.6302(c)-1  Use of Government depositaries.

    (a) Overview. This section sets forth the general rule that any 
person required to file a quarterly return under Sec. 40.6011(a)-1(a)(2) 
must make deposits of taxes reported on the return. Rules relating to 
the time for making a deposit and its amount are provided, including 
safe harbor rules for computing the amount of a deposit. Return filers 
generally have an obligation to make semimonthly deposits of tax in 
advance of the due date of the return. Under this section, taxes that 
are required to be deposited on the same schedule are grouped together 
into classes of tax and referred to collectively as ``9-day rule 
taxes,'' ``30-day rule taxes,'' ``alternative method taxes,'' or ``14-
day rule taxes.'' Paragraph (b)(6) of this section sets forth the 
general rule that the deposit of tax for a semimonthly period is due by 
the ninth day of the following semimonthly period (the ``9-day rule''). 
Most of the taxes to which this part 40 relates are required to be 
deposited in accordance with this rule (the ``9-day rule taxes''). 
Exceptions to the 9-day rule are set forth in other sections. Unless 
otherwise provided, the safe harbor rules set forth in this section 
apply as well to deposits of alternative method and 14-day rule taxes. 
Section 40.6302(c)-2 (relating to taxes imposed on ozone-depleting 
chemicals by section 4681) provides special rules for the time to make 
deposits of section 4681 taxes (the ``30-day rule'' and ``30-day rule 
taxes'') and the safe harbor rules for computing the amount of those 
deposits. Section 40.6302(c)-3 (relating to taxes imposed on 
communications services and air transportation by chapter 33) provides 
an alternative method for computing the amount of deposits of chapter 33 
taxes (the ``alternative method'' and ``alternative method taxes''). 
Section 40.6302(c)-4 (relating to section 4081 taxes) provides a special 
rule under which qualified persons may make deposits of section 4081 
taxes (the ``14-day rule'' and ``14-day rule taxes'').
    (b) In general--(1) Semimonthly deposits required--(i) General rule. 
Except as provided by statute or by paragraph (f) of this section, each 
person required under Sec. 40.6011(a)-1(a)(2) to file a quarterly return 
must make a deposit of tax for each semimonthly period (as defined in 
Sec. 40.0-1(c)) in which liability is incurred.
    (ii) Treatment of taxes imposed by chapter 33. For purposes of this 
part 40, a tax imposed by chapter 33 (relating to communications 
services and air transportation) is treated as a tax liability incurred 
during the semimonthly period in which that tax is collected (or, in the 
case of the alternative method, is considered as collected).
    (2) Definition of net tax liability. The term ``net tax liability'' 
means the tax liability for the specified period plus or minus any 
adjustments allowable in accordance with the instructions applicable to 
the form on which the return is made.
    (3) Computation of net tax liability. The net tax liability for a 
semimonthly period may be computed by dividing by two the net tax 
liability incurred during the calendar month that includes that 
semimonthly period, provided that this method of computation is used for 
all semimonthly periods in the calendar quarter.
    (4) Failure to comply with deposit requirements. If a person fails 
to make deposits as required under this part 40, that failure may be 
reported to the appropriate district director and the Internal Revenue 
Service may withdraw the person's right to use the safe harbor rules of 
paragraph (c) of this section and Sec. 40.6302(c)-2(b)(2) and (3) in 
computing deposits.
    (5) Amount of deposit--(i) In general. The deposit of tax for each 
semimonthly period must be not less than the amount of net tax liability 
incurred during that semimonthly period. Except as provided under 
paragraph (c)(2) of this section and Sec. 40.6302(c)-2(b)(2) (relating 
to safe harbor rules based on look-back quarter liability), no deposit 
is required for any semimonthly period in which no tax liability is 
incurred.
    (ii) Exceptions; cross references. Special rules for determining the 
amount to deposit are provided in paragraph (c) of this section 
(relating to safe harbor rules), paragraph (f)(3) of this section 
(relating to the de minimis exception), Sec. 40.6302(c)-2(b)(2) and (3) 
(relating to safe harbor rules for section 4681

[[Page 10]]

taxes), and Sec. 40.6302(c)-3(d) (relating to the alternative method for 
chapter 33 taxes).
    (6) Time to deposit--(i) In general. The deposit of tax for any 
semimonthly period must be made by the ninth day of the following 
semimonthly period (the ``9-day rule''). Thus, under the 9-day rule 
generally, the deposit of tax for the first semimonthly period in a 
month is due by the 24th day of that month and the deposit of tax for 
the second semimonthly period in a month is due by the 9th day of the 
following month.
    (ii) Exceptions; cross references. The 9-day rule does not apply to 
deposits for which rules are prescribed by paragraph (e) of this section 
(relating to deposits of 9-day rule taxes for September), 
Sec. 40.6302(c)-2 (relating to deposits of section 4681 taxes (``30-day 
rule taxes'')), Sec. 40.6302(c)-3 (relating to the alternative method 
for computing deposits of chapter 33 taxes (``alternative method 
taxes'')), or Sec. 40.6302(c)-4 (relating to deposits by qualified 
persons of section 4081 taxes (``14-day rule taxes'')).
    (c) Amount of deposit; safe harbor rules--(1) Applicability--(i) In 
general. This paragraph (c) provides the safe harbor rules for deposits 
of 9-day rule taxes, alternative method taxes, and 14-day rule taxes.
    (ii) Separate applicability to each class of tax. The rules of this 
paragraph (c) are applied separately to each class of tax. For this 
purpose, all 9-day rule taxes are treated as one class of tax, all 
alternative method taxes are treated as a second class of tax, and all 
14-day rule taxes are treated as a third class of tax.
    (2) Safe harbor rule based on look-back quarter liability--(i) In 
general. Except as provided in paragraph (c)(2)(iii) of this section, 
any person that made a return of tax reporting a class of tax to which 
this paragraph (c) applies for the second preceding calendar quarter 
(the ``look-back quarter'') is considered to have complied with the 
requirement of this part 40 for deposit of taxes in that class for the 
current calendar quarter if--
    (A) The deposit of those taxes for each semimonthly period in the 
current calendar quarter is not less than \1/6\ of the net tax liability 
reported for the class of tax for the look-back quarter;
    (B) Each deposit is made on time;
    (C) In any case in which the due date of the return is extended 
under Sec. 40.6071(a)-1(a)(2) (relating to filing a single return), a 
special deposit (the amount of which is determined under paragraph 
(c)(2)(ii) of this section) is made by the last day of the first 
calendar month following the end of the quarter; and
    (D) The amount of any underpayment of those taxes is paid by the due 
date of the return.
    (ii) Amount of special deposit. The amount of the special deposit 
required under paragraph (c)(2)(i)(C) of this section with respect to a 
class of tax is not less than the lesser of--
    (A) The amount by which net tax liability with respect to taxes in 
that class (other than taxes imposed by chapter 33) for the current 
calendar quarter exceeds that net tax liability for the look-back 
quarter; and
    (B) The amount of any underpayment of taxes in that class for the 
current calendar quarter.
    (iii) Modification for tax rate increase--(A) Applicability. The 
safe harbor rule of paragraph (c)(2)(i) of this section is modified for 
the first and second calendar quarters beginning on or after the 
effective date of an increase in the rate of any tax to which this part 
40 applies.
    (B) Modification. The safe harbor rule of paragraph (c)(2)(i) of 
this section does not apply to a class of tax for those calendar 
quarters unless the deposit of taxes in that class for each semimonthly 
period in the calendar quarter is not less than \1/6\ of the tax 
liability the person would have had with respect to that class for the 
look-back quarter if the increased rate of tax had been in effect for 
that look-back quarter.
    (C) Effective date. This paragraph (c)(2)(iii) is effective for 
deposits that relate to calendar quarters beginning after December 31, 
1992.
    (3) Safe harbor rule based on current liability--(i) In general. A 
person is considered to have complied with the requirement of this part 
40 for deposit of

[[Page 11]]

a class of tax to which this paragraph (c) applies for a calendar 
quarter if--
    (A) The deposit of those taxes for each semimonthly period in the 
calendar quarter is not less than 95 percent of the net tax liability 
incurred with respect to those taxes during the semimonthly period;
    (B) Each deposit is made on time; and
    (C) In any case in which the due date of the return is extended 
under Sec. 40.6071(a)-1(a)(2) (relating to filing a single return), a 
special deposit (the amount of which is determined under paragraph 
(c)(3)(ii) of this section) is made by the last day of the first 
calendar month following the end of the quarter; and
    (D) The amount of any underpayment of those taxes is paid by the due 
date of the return.
    (ii) Amount of special deposit. The amount of the special deposit 
required under paragraph (c)(3)(i)(C) of this section with respect to a 
class of tax is not less than the lesser of--
    (A) An amount equal to 5 percent of net tax liability with respect 
to taxes in that class (other than taxes imposed by chapter 33) for the 
current calendar quarter; and
    (B) The amount of any underpayment of taxes in that class for the 
current calendar quarter.
    (iii) Effective date. This paragraph (c)(3) is effective for 
deposits that relate to calendar quarters beginning after December 31, 
1992.
    (d) Remittance of deposits. A completed Form 8109, Federal Tax 
Deposit Coupon, must accompany each deposit. The deposit must be 
remitted, in accordance with the instructions applicable to the form, to 
a financial institution authorized as a depositary for federal taxes (as 
provided in 31 CFR part 214) or to a Federal Reserve bank.
    (e) Special rules for September--(1) Deposits required. In the case 
of deposits of 9-day rule taxes for the second semimonthly period in 
September, separate deposits are required for the period September 16th-
26th and the period September 27th-30th.
    (2) Amount of deposit. The deposits of 9-day rule taxes for the 
period September 16th-26th and the period September 27th-30th must be 
not less than the amount of net tax liability for 9-day rule taxes 
incurred during the respective periods. The net tax liability incurred 
during these periods may be computed by--
    (i) Determining the amount of net tax liability reasonably expected 
to be incurred during the second semimonthly period in September;
    (ii) Treating \11/15\ of that amount as the net tax liability 
incurred during the period September 16th-26th; and
    (iii) Treating the remainder of the amount determined under 
paragraph (e)(2)(i) of this section (adjusted to reflect net tax 
liability actually incurred through the end of September) as the net tax 
liability incurred during the period September 27th-30th.
    (3) Time to deposit--(i) In general. The deposit of 9-day rule taxes 
required for the period beginning September 16th must be made by 
September 29. The deposit required for the period ending September 30th 
must be made at the time prescribed in paragraph (b)(6)(i) of this 
section for making deposits for the second semimonthly period in 
September.
    (ii) Due date on Saturday or Sunday. A deposit that would otherwise 
be due on September 29 must be made by September 28 if September 29 is a 
Saturday and by September 30 if September 29 is a Sunday.
    (4) Safe harbor rule based on look-back quarter liability. The safe 
harbor rule in paragraph (c)(2)(i) of this section does not apply to 9-
day rule taxes for the third calendar quarter unless--
    (i) The deposit of 9-day rule taxes for the period September 16th-
26th is not less than \11/90\ of the net tax liability reported for 9-
day rule taxes for the look-back quarter; and
    (ii) The total deposit of 9-day rule taxes for the second 
semimonthly period in September is not less than \1/6\ of the net tax 
liability reported for 9-day rule taxes for the look-back quarter.
    (5) Safe harbor rule based on current liability. The safe harbor 
rule of paragraph (c)(3)(i) of this section does not apply to 9-day rule 
taxes for the third calendar quarter unless--
    (i) The deposit of 9-day rule taxes for the period September 16th-
26th is not

[[Page 12]]

less than 69.67 percent of the net tax liability for 9-day rule taxes 
for the second semimonthly period in September; and
    (ii) The total deposit of 9-day rule taxes for the second 
semimonthly period in September is not less than 95 percent of the net 
tax liability for 9-day rule taxes for that semimonthly period.
    (6) Persons not required to use electronic funds transfer. In the 
case of a person that is not required to deposit excise taxes by 
electronic funds transfer (a non-EFT depositor), the rules of this 
paragraph (e) apply with the following modifications:
    (i) The periods for which separate deposits must be made are 
September 16th-25th and September 26th-30th.
    (ii) The deposit required for the period beginning September 16th 
must be made by September 28. A deposit that would otherwise be due on 
September 28 must be made by September 27 if September 28 is a Saturday 
and by September 29 if September 28 is a Sunday.
    (iii) The generally applicable fractions and percentage are modified 
to reflect the different deposit periods in accordance with the 
following table:

------------------------------------------------------------------------
   Generally applicable fractions and       Modifications for non-EFT   
               percentage                           depositors          
------------------------------------------------------------------------
11/15..................................  10/15.                         
11/90..................................  10/90.                         
69.67 percent..........................  63.33 percent.                 
------------------------------------------------------------------------

    (7) Effective date. This paragraph (e) is effective August 1, 1995, 
for all 9-day rule taxes except those imposed by section 4261 or 4271. 
For taxes imposed by section 4261 or 4271, this paragraph (e) applies 
beginning January 1, 1997.
    (f) Exceptions--(1) Taxes excluded. No deposit is required in the 
case of the taxes imposed by section 4042 (relating to fuel used on 
inland waterways), section 4161 (relating to sport fishing equipment and 
bows and arrows), and section 4682(h) (relating to floor stocks tax on 
ozone-depleting chemicals).
    (2) One-time filings. No deposit is required in the case or any 
taxes reportable on a one-time filing (as defined in Sec. 40.6011(a)-
2(b)).
    (3) De minimis exception--(i) In general. For any calendar quarter, 
no deposit is required if the net tax liability for the quarter does not 
exceed $2,000.
    (ii) Effective date. This paragraph (f)(3) is effective for deposits 
that relate to calendar quarters beginning after December 31, 1992.
    (4) Taxes excluded; certain removals of gasohol from refineries. No 
deposit is required in the case of the tax imposed under Sec. 48.4081-
3(b)(1)(iii) of this chapter.
    (g) Cross references. For provisions relating to penalties for 
failure to make deposit of taxes, see section 6656.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8609, 60 FR 
40081, Aug. 7, 1995; T.D. 8685, 61 FR 58005, Nov. 12, 1996]





Sec. 40.6302(c)-1T  Use of Government depositaries--deposits required to be made by electronic funds transfer after December 31, 1994 (temporary).

    (a) through (d)(1). [Reserved]
    (d)(2) Deposits by electronic funds transfer. For the requirement to 
deposit excise taxes by electronic funds transfer, see Sec. 31.6302-
1T(h) of this chapter. A taxpayer not required to deposit by electronic 
funds transfer pursuant to Sec. 31.6302-1T(h) of this chapter remains 
subject to the rules of Sec. 40.6302(c)-1(d).

[T.D. 8553, 59 FR 35417, July 11, 1994]





Sec. 40.6302(c)-2  Special rules for use of Government depositaries under section 4681.

    (a) Overview. This section sets forth special rules for deposits of 
tax imposed by section 4681 (relating to ozone-depleting chemicals), 
including rules relating to the time to deposit and safe harbors. The 
general rules relating to deposits are set forth in Sec. 40.6302(c)-1 
and apply unless inconsistent with the rules set forth below.
    (b) In general--(1) Time to deposit. In the case of tax imposed by 
section 4681 (section 4681 tax), the deposit of tax for a semimonthly 
period must be made by the last day of the second following semimonthly 
period (the ``30-day rule''). Thus, under the 30-day rule generally, the 
deposit of tax for the first semimonthly period in a month is due by the 
15th day of the following month and the deposit of tax for the second 
semimonthly period in a month is due by the end of the following month.
    (2) Amount of deposit; safe harbor rule based on look-back quarter 
liability--(i)

[[Page 13]]

In general. Except as provided in paragraph (b)(2)(ii) of this section, 
any person that made a return of section 4681 tax for the second 
preceding calendar quarter (the ``look-back quarter'') is considered to 
have complied with the requirement of this part 40 for deposit of that 
tax for the current calendar quarter if--
    (A) The deposit of that tax for each semimonthly period in the 
current calendar quarter is not less than \1/6\ of the net tax liability 
under section 4681 reported for the look-back quarter;
    (B) Each deposit is made on time; and
    (C) The amount of any underpayment of that tax for the current 
calendar quarter is paid by the due date of the return.
    (ii) Modification for tax rate increases--(A) Applicability. The 
safe harbor rule of paragraph (b)(2)(i) of this section is modified for 
the first and second calendar quarters beginning on or after the 
effective date of--
    (1) An increase in the base tax amount under section 4681(b); or
    (2) A change in the tax treatment of ozone-depleting chemicals that 
are described in section 4682(g).
    (B) Modification. The safe harbor rule in paragraph (b)(2)(i) of 
this section does not apply for those calendar quarters unless the 
deposit of section 4681 taxes for each semimonthly period in the 
calendar quarter is not less than \1/6\ of the tax liability the person 
would have had under section 4681 for the look-back quarter if the 
increased base tax amount or the change in treatment had been in effect 
for that look-back quarter.
    (3) Amount of deposit; safe harbor rule based on current liability--
(i) In general. A person is considered to have complied with the 
requirement of this part 40 for deposit of section 4681 tax for a 
calendar quarter if--
    (A) The deposit of that tax for each semimonthly period in the 
calendar quarter is not less than 95 percent of the net tax liability 
incurred under section 4681 during the semimonthly period;
    (B) Each deposit is made on time; and
    (C) The amount of any underpayment of that tax for the calendar 
quarter is paid by the due date of the return.
    (ii) Effective date. This paragraph (b)(3) is effective for deposits 
that relate to calendar quarters beginning after December 31, 1992.
    (c) Special rules for September--(1) Deposits required. In the case 
of deposits of 30-day rule taxes for the first semimonthly period in 
September, separate deposits are required for the period September 1st-
11th and the period September 12th-15th.
    (2) Amount of deposit. The deposits of 30-day rule taxes for the 
period September 1st-11th and the period September 12th-15th must be not 
less than the amount of net tax liability for 30-day rule taxes incurred 
during the respective periods. The net tax liability incurred during 
these periods may be computed by--
    (i) Determining the amount of net tax liability incurred during the 
first semimonthly period in September (or, if semimonthly liability is 
computed by dividing monthly liability by two, the amount reasonably 
expected to be incurred);
    (ii) Treating \11/15\ of that amount as the net tax liability 
incurred during the period September 1st-11th; and
    (iii) Treating the remainder of the amount determined under 
paragraph (c)(2)(i) of this section (adjusted, if that amount is based 
on reasonable expectations, to reflect net tax liability actually 
incurred through the end of September) as the net tax liability incurred 
during the period September 12th-15th.
    (3) Time to deposit--(i) In general. The deposit required for the 
period beginning September 1st and the deposit for the second 
semimonthly period in August must be made by September 29. The deposit 
required for the period ending September 15th must be made at the time 
prescribed in paragraph (b)(1)(i) of this section for making deposits 
for the first semimonthly period in September.
    (ii) Due date on Saturday or Sunday. A deposit that would otherwise 
be due on September 29 must be made by September 28 if September 29 is a 
Saturday and by September 30 if September 29 is a Sunday.
    (4) Safe harbor rule based on look-back quarter liability. The safe 
harbor rule of paragraph (b)(2)(i) of this section does

[[Page 14]]

not apply for the third calendar quarter unless--
    (i) The deposit of 30-day rule taxes for the period September 1st-
11th is not less than \11/90\ of the net tax liability reported for 30-
day rule taxes for the look-back quarter; and
    (ii) The total deposit of 30-day rule taxes for the first 
semimonthly period in September is not less than \1/6\ of the net tax 
liability reported for 30-day rule taxes for the look-back quarter.
    (5) Safe harbor rule based on current liability. The safe harbor 
rule of paragraph (b)(3) of this section does not apply for the third 
calendar quarter unless--
    (i) The deposit of 30-day rule taxes for the period September 1st-
11th is not less than 69.67 percent of the net tax liability for 30-day 
rule taxes for the first semimonthly period in September; and
    (ii) The total deposit of 30-day rule taxes for the first 
semimonthly period in September is not less than 95 percent of the net 
tax liability for 30-day rule taxes for that semimonthly period.
    (6) Persons not required to use electronic funds transfer. In the 
case of a person that is not required to deposit excise taxes by 
electronic funds transfer (a non-EFT depositor), the rules of this 
paragraph (c) apply with the following modifications:
    (i) The periods for which separate deposits must be made are 
September 1st-10th and September 11th-15th.
    (ii) The deposit required for the period beginning September 1st and 
the deposit required for the second semimonthly period in August must be 
made by September 28. A deposit that would otherwise be due on September 
28 must be made by September 27 if September 28 is a Saturday and by 
September 29 if September 28 is a Sunday.
    (iii) The generally applicable fractions and percentage are modified 
to reflect the different deposit periods in accordance with the 
following table:

------------------------------------------------------------------------
   Generally applicable fractions and       Modifications for non-EFT   
               percentage                           depositors          
------------------------------------------------------------------------
11/15..................................  10/15.                         
11/90..................................  10/90.                         
69.67 percent..........................  63.33 percent.                 
------------------------------------------------------------------------

    (7) Effective date. This paragraph (c) is effective August 1, 1995.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8685, 61 FR 
58005, Nov. 12, 1996]





Sec. 40.6302(c)-3  Special rules for use of Government depositaries under chapter 33.

    (a) Overview. This section sets forth an alternative method for 
computing the amount of deposits of taxes imposed by chapter 33, and 
provides rules relating to the time for making a deposit and the amount 
of tax to be reported on the return of tax for each quarter by persons 
using the alternative method. The safe harbor rules for computing 
deposits of tax using the alternative method and the general rules 
relating to deposits are set forth in Sec. 40.6302(c)-1 and apply unless 
inconsistent with the rules set forth below.
    (b) Alternative method for computing deposits--(1) In general--(i) 
Alternative method. Any person required to collect and pay over any tax 
imposed by chapter 33 may compute the amount of that tax to be deposited 
on the basis of amounts considered as collected (the ``alternative 
method'') instead of on the basis of actual collections of tax.
    (ii) Using more than one method to compute deposits. A person may 
compute deposits of tax imposed by one or more sections of chapter 33 
using the alternative method provided by this section and compute 
deposits of taxes imposed by other sections of chapter 33 on the basis 
of amounts actually collected using the 9-day rule of Sec. 40.6302(c)-
1(b)(6). For purposes of this paragraph (b)(1)(ii), the taxes imposed by 
section 4261(a) and (b) are treated as taxes imposed by the same 
section.
    (2) Applicability--(i) In general. A person may use the alternative 
method with respect to a tax only if the person--
    (A) Separately accounts for the tax in accordance with paragraph 
(b)(2)(ii) of this section; and 
    (B) Makes a return of the tax on the basis of the amount of the tax 
that is considered as collected. 
    (ii) Separate account. The account required under paragraph 
(b)(2)(i)(A) of this section (the ``separate account'') must reflect for 
each month--

[[Page 15]]

    (A) All items of the tax that are included in amounts billed or 
tickets sold to customers during the month; and
    (B) Items of adjustment (including bad debts and errors) relating to 
the tax for prior months within the period of limitations on credits or 
refunds.
    (iii) Change of method. The method of computing deposits of tax 
imposed by a section of chapter 33 (as described in paragraph (b)(1)(ii) 
of this section) may be changed only at the beginning of a calendar 
quarter. Before a person changes the method used to compute the amount 
of tax to be deposited and reported for a calendar quarter, the person 
must notify the Commissioner so that proper adjustments may be made in 
order to properly reflect that person's collections of excise tax.
    (3) Period during which tax is considered as collected. For purposes 
of this section, the tax included in amounts billed or tickets sold 
during a semimonthly period (as defined in Sec. 40.0-1(c)) is considered 
as collected during the first seven days of the second following 
semimonthly period. Thus, the tax included in amounts billed or tickets 
sold during the first semimonthly period of a calendar month is 
considered as collected during the period of the 1st day through the 7th 
day of the following month; the tax included in amounts billed or 
tickets sold during the second semimonthly period of a calendar month is 
considered as collected during the period of the 6th day through the 
22nd day of the following month.
    (4) When amounts are billed. For purposes of this section, an amount 
is billed on the earlier of the date the amount is received or the date 
a bill for the amount is rendered.
    (c) Time to deposit. Under the alternative method, the deposit of 
tax for any semimonthly period must be made by the third banking day 
after the seventh day of that semimonthly period. Thus, for example, the 
deposit for the semimonthly period beginning on January 1, 1993 
(relating to amounts billed between December 1st and December 15, 1992) 
is due by January 12, 1993, three banking days after January 7, the 
seventh day of the semimonthly period.
    (d) Amount of deposit. Under the alternative method, the deposit of 
tax for any semimonthly period must be not less than the net amount of 
tax that is considered as collected during that semimonthly period. The 
net amount of tax that is considered as collected during the semimonthly 
period must be either the net amount of tax reflected in the separate 
account for the corresponding semimonthly period of the preceding month 
or one-half the net amount of tax reflected in the separate account for 
the preceding month.
    (e) Reporting of tax. If a tax is deposited under the alternative 
method for a calendar quarter, the return of tax for the quarter must 
report the net amount of the tax that is considered as collected during 
the quarter and not the amount of the tax that is actually collected 
during the quarter. The amount to be reported for each month is the net 
amount of tax reflected in the separate account for the preceding month. 
For example, amounts billed in December, January, and February are 
considered as collected during January, February, and March, and are 
reported as the collections of tax for January, February, and March (the 
first calendar quarter). Thus, the net amount of tax reflected in the 
separate accounts for December, January, and February is the amount 
reported as collections for the first quarter.
    (f) Special rules for September--(1) Deposits required. In the case 
of alternative method taxes charged (that is, included in amounts billed 
or tickets sold) during the first semimonthly period in September, 
separate deposits are required for the taxes charged during the period 
September 1st-11th and the period September 12th-15th.
    (2) Time to deposit--(i) In general. The deposit required for 
alternative method taxes charged during the period beginning September 
1st must be made by September 29. The deposit required for alternative 
method taxes charged during the period ending September 15th must be 
made at the time prescribed in paragraph (c) of this section for making 
deposits for the first semimonthly period in October.
    (ii) Due date on Saturday or Sunday. A deposit that would otherwise 
be due on

[[Page 16]]

September 29 must be made by September 28 if September 29 is a Saturday 
and by September 30 if September 29 is a Sunday.
    (3) Amount of deposit. The deposits of alternative method taxes 
required for the period September 1st-11th and the period September 
12th-15th must be not less than the amount of alternative method taxes 
charged during the respective periods. The amount of alternative method 
taxes charged during these periods may be computed by--
    (i) Determining the net amount of alternative method taxes reflected 
in the separate account for the first semimonthly period in September 
(or one-half of the net amount of alternative method taxes reasonably 
expected to be reflected in the separate account for the month of 
September);
    (ii) Treating \11/15\ of that amount as the amount of taxes charged 
during the period September 1st-11th; and
    (iii) Treating the remainder of the amount determined under 
paragraph (f)(3)(i) of this section (adjusted, if that amount is based 
on reasonable expectations, to reflect actual taxes charged through the 
end of September) as the amount charged during the period September 
12th-15th.
    (4) Safe harbor rule based on look-back quarter liability. The safe 
harbor rule of Sec. 40.6302(c)-1(c)(2)(i) does not apply for the fourth 
calendar quarter unless--
    (i) The deposit for alternative method taxes charged during the 
period September 1st-11th is not less than \11/90\ of the net tax 
liability reported for alternative method taxes for the look-back 
quarter; and
    (ii) The total deposit for alternative method taxes charged during 
the first semimonthly period in September is not less than \1/6\ of the 
net tax liability reported for alternative method taxes for the look-
back quarter.
    (5) Safe harbor rule based on current liability. The safe harbor 
rule of Sec. 40.6302(c)-1(c)(3)(i) does not apply for the fourth 
calendar quarter unless--
    (i) The deposit for alternative method taxes charged during the 
period September 1st-11th is not less than 69.67 percent of the 
alternative method taxes charged during the first semimonthly period in 
September; and
    (ii) The total deposit for alternative method taxes charged during 
the first semimonthly period in September is not less than 95 percent of 
the alternative method taxes charged during that semimonthly period.
    (6) Persons not required to use electronic funds transfer. In the 
case of a person that is not required to deposit excise taxes by 
electronic funds transfer (a non-EFT depositor), the rules of this 
paragraph (f) apply with the following modifications:
    (i) The taxes for which separate deposits must be made are the taxes 
charged during the periods September 1st-10th and September 11th-15th.
    (ii) The deposit required for taxes charged during the period 
beginning September 1st must be made by September 28. A deposit that 
would otherwise be due on September 28 must be made by September 27 if 
September 28 is a Saturday and by September 29 if September 28 is a 
Sunday.
    (iii) The generally applicable fractions and percentage are modified 
to reflect the different deposit periods in accordance with the 
following table:

------------------------------------------------------------------------
   Generally applicable fractions and       Modifications for non-EFT   
               percentage                           depositors          
------------------------------------------------------------------------
11/15..................................  10/15.                         
11/90..................................  10/90.                         
69.67 percent..........................  63.33 percent.                 
------------------------------------------------------------------------

    (7) Effective date. This paragraph (f) is effective August 1, 1995, 
for all taxes except those imposed by section 4261 or 4271. For taxes 
imposed by section 4261 or 4271, this paragraph (f) applies beginning 
January 1, 1997.
    (g) Transitional rule for first calendar quarter of 1993--(1) 
Applicability. This paragraph (f) applies to a chapter 33 tax if the 
person--
    (i) Erroneously applied the ``considered collected'' method provided 
under Sec. 49.6302(c)-1(a)(1) of this chapter in the fourth calendar 
quarter of 1992 by calculating deposits of that tax on the basis of 
amounts billed or tickets sold during the quarter rather than on the 
basis of taxes considered as collected during the quarter; and
    (ii) Uses the alternative method provided under this section to 
calculate deposits and make a return of that tax for the first quarter 
of 1993.

[[Page 17]]

    (2) Rule--(i) Crediting of deposits. If this paragraph (f) applies 
to a tax, any deposits of the tax computed on the basis of amounts 
billed or tickets sold during December 1992 are credited to the first 
calendar quarter of 1993.
    (ii) Return of tax for fourth calendar quarter of 1992. If this 
paragraph (f) applies to a tax, the amount of the tax to be reported on 
the person's return for the fourth calendar quarter of 1992 must be the 
amount of the tax included in amounts billed or tickets sold in October 
and November 1992.
    (3) Example. The application of this paragraph (f) may be 
illustrated by the following example:

    (a) Facts. (i) X, a corporation, has been providing air 
transportation subject to tax under section 4261 (a) and (b) for several 
years and is required to collect and pay over these taxes. X maintains a 
separate account in which all items of these taxes are recorded. For 
calendar quarters beginning before January 1, 1993, including the fourth 
quarter of 1992, X erroneously applied the ``considered collected'' 
method of computing deposits of these taxes by treating the tickets sold 
during each quarter as the collections for the quarter. For quarters 
beginning after December 31, 1992, X uses the alternative method 
provided by this section for computing deposits of these taxes.
    (ii) For the period September 1, 1992, through December 31, 1992, 
X's separate account reflects the following amounts of tax:

Sept. 1st-15th................................................    $4,000
Sept. 16th-30th...............................................     4,000
Oct. 1st-15th.................................................     7,000
Oct. 16th-31st................................................     7,000
Nov. 1st-15th.................................................     5,000
Nov. 16th-30th................................................     5,000
Dec. 1st-15th.................................................     9,000
Dec. 16th-31st................................................     9,000
                                                                        

    (iii) During the period October 1992 through January 1993, X made 
the following deposits:

------------------------------------------------------------------------
                             Date                                Amount 
------------------------------------------------------------------------
Oct. 13th.....................................................    $4,000
Oct. 27th.....................................................     4,000
Nov. 12th.....................................................     7,000
Nov. 26th.....................................................     7,000
Dec. 10th.....................................................     5,000
Dec. 28th.....................................................     5,000
Jan. 12th.....................................................     9,000
Jan. 27th.....................................................     9,000
------------------------------------------------------------------------

    (iv) X credited the October deposits (relating to tickets sold in 
September) to the third quarter of 1992 and reported the tax included in 
tickets sold in September as third quarter collections on the Form 720 
for the third quarter. Following the same procedure, X credited the 
November, December, and January deposits (relating to the October, 
November, and December tickets sold) to the fourth quarter.
    (b) Transitional rule. In order to use the alternative method 
beginning with the first calendar quarter of 1993, X must deposit and 
report the amount of tax that is considered as collected in the quarter 
rather than the amount of tax included in tickets sold during the 
quarter. Under paragraph (f)(2)(i) of this section, X's January deposits 
(relating to the tickets sold in December) will be credited to the first 
quarter of 1993. X must report on the Form 720 for the fourth quarter 
only the $24,000 of tax included in the October and November tickets 
sold. The amount of tax included in the tickets sold in December must be 
reported on the Form 720 for the first quarter of 1993.

    (h) Effective date. Except as otherwise provided, this section is 
effective January 1, 1993, for deposits of taxes that are considered as 
collected after December 31, 1992. (i.e., tax with respect to amounts 
billed or tickets sold after November 30, 1992), and for returns of tax 
for quarters beginning after September 30, 1992. The provisions that 
apply in the case of semimonthly deposits under the considered collected 
method before the effective date of this section are contained in 26 CFR 
Sec. 49.6302(c)-1(a)(1) (revised as of April 1, 1992).

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8685, 61 FR 
58006, Nov. 12, 1996]





Sec. 40.6302(c)-4  Special rule for use of Government depositaries under section 4081.

    (a) Overview. This section sets forth a special rule for deposits of 
taxes imposed by section 4081. The general rules, including the amount 
to deposit and safe harbors, are set forth in Sec. 40.6302(c)-1 and 
apply unless inconsistent with the rules set forth below.
    (b) Time to deposit under the 14-day rule--(1) In the case of taxes 
imposed by section 4081, a qualified person may make deposits of the tax 
for a semimonthly period by the fourteenth day following the semimonthly 
period if the deposit is made by electronic funds transfer (the ``14-day 
rule''). Thus,

[[Page 18]]

under the 14-day rule generally, the deposit of tax for the first 
semimonthly period in a month is due by the 29th day of that month and 
the deposit of tax for the second semimonthly period in a month is due 
by the 14th day of the following month.
    (2) If the due date under paragraph (b)(1) of this section falls on 
a Saturday, Sunday, or legal holiday in the District of Columbia, the 
due date of the deposit is the immediately preceding day which is not a 
Saturday, Sunday, or legal holiday in the District of Columbia.
    (c) Qualified person defined--(1) In general. The term ``qualified 
person'' means--
    (i) Any independent refiner (within the meaning of section 
4995(b)(4) (as in effect on January 6, 1983)); or
    (ii) Any person whose average daily production of crude oil for the 
preceding calendar quarter did not exceed 1,000 barrels.
    (2) Related groups. In determining whether a person's production 
exceeds 1,000 barrels per day, the rules of section 4992(e) (as in 
effect on January 6, 1983) relating to allocation within related groups 
shall apply. Thus, for persons who are members of the same related group 
(within the meaning of section 4992(e)(2)) at any time during the 
preceding calendar quarter, the 1,000 barrel amount will be reduced for 
each such person by allocating that amount among all such persons in 
accordance with the rules of section 4992(e).
    (d) Special rules for September. Deposits of 14-day rule taxes for 
the second semimonthly period in September must be made in the manner 
prescribed by Sec. 40.6302(c)-1(e) applied with the following 
modifications:
    (1) Each reference to 9-day rule taxes is treated, instead, as a 
reference to 14-day rule taxes.
    (2) The deposit required for the period ending September 30th must 
be made at the time prescribed in paragraph (b) of this section (rather 
than at the time prescribed in Sec. 40.6302(c)-1(b)(6)(i)).
    (e) Effective date and termination date. This section is effective 
April 1, 1991, for deposits that relate to calendar quarters beginning 
after March 31, 1991. This section terminates on the date that section 
518 of the Highway Revenue Act of 1982 terminates.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8685, 61 FR 
58007, Nov. 12, 1996]





Sec. 40.9999-1  Examples.

    The following examples illustrate the rules of this part 40.

    Example 1. Luxury tax; one-time filing. (i) Facts. On March 20, 
1991, A, an individual, purchases a new automobile outside the United 
States for $102,000. In April of 1991, A imports the automobile into the 
U.S. and uses it for personal use. At the time of importation, the 
automobile's retail value is $100,000. Thus, A is liable for the luxury 
tax imposed by section 4001. The amount of A's section 4001 tax 
liability is $7,000, 10% of the amount by which the $100,000 retail 
value exceeds $30,000. The liability is incurred in the second calendar 
quarter of 1991, the quarter during which the automobile is imported and 
used. The fuel economy of the automobile's model type is at least 22.5 
miles per gallon, so that A is not liable for the gas guzzler tax 
imposed by section 4064. A did not import the automobile in the course 
of its trade or business, does not engage in any activities with respect 
to which tax is reportable on Form 720 in the course of a trade or 
business, and was not required to file a Form 720 for the preceding 
calendar quarter.
    (ii) Filing requirement. A must file a return of the luxury tax on 
Form 720 (Sec. 40.6011(a)-1(a)(1)) for the second calendar quarter of 
1991 (Sec. 40.6011(a)-1(a)(2)) reporting A's $7,000 luxury tax 
liability. The Form 720 is due by July 31, 1991, the last day of the 
first month following the calendar quarter (Sec. 40.6071(a)-1(a)(1)). 
A's Form 720 for the second calendar quarter of 1991 is a first return 
(Sec. 40.6011(a)-1(a)(2)(ii)). Because A did not import the automobile 
in the course of its trade or business and is not otherwise required to 
file a Form 720 for the calendar quarter on account of transactions in 
the course of a trade or business, the return is a one-time filing 
(Sec. 40.6011(a)-2(b)). As a one-time filing, A's Form 720 also 
constitutes a final return. Therefore, in accordance with the 
instructions for Form 720, A checks the box marked ``Final Return.''
    (iii) Payment requirement. Because A's Form 720 is a one-time 
filing, A is not required to make deposits of tax (Sec. 40.6302(c)-
1(f)(2)). Instead, A pays the $7,000 of tax with the return.
    Example 2. Luxury tax; deposit requirement; safe harbor based on 
current liability. (i) Facts. On March 16, 1993, B, an individual in the 
business of automobile dealing, sells in a first retail sale a new 
automobile subject to the luxury tax imposed by section 4001. The amount 
of B's section 4001 tax liability is

[[Page 19]]

$12,000. The sale of the automobile is in the course of B's business, 
but B does not expect to sell any other automobiles subject to the 
luxury tax. B is not required to file a Form 720 for the first calendar 
quarter of 1993 by reason of any other activity, and has not in the past 
filed a Form 720.
    (ii) Filing requirement. B must file a return of the luxury tax 
(Sec. 40.6011(a)-1(a)(1)) on Form 720 for the first calendar quarter of 
1993 (Sec. 40.6011(a)-1(a)(2)) reporting B's $12,000 luxury tax 
liability. The Form 720 is due by April 30, 1993, the last day of the 
first month following the calendar quarter (Sec. 40.6071(a)-1(a)(1)). 
Although B does not ordinarily engage in transactions giving rise to a 
luxury tax liability in B's business, the tax is due with respect to a 
transaction engaged in by B in the course of a trade or business. Thus, 
the return is not a one-time filing under Sec. 40.6011(a)-2(b), and B 
must file a Form 720 for each subsequent calendar quarter until B files 
a final return in accordance with Sec. 40.6011(a)-2 (Sec. 40.6011(a)-
1(a)(2)). However, if B does not expect to incur liability for luxury 
tax in subsequent quarters (i.e., has permanently ceased all operations 
with respect to which liability for tax was incurred), B's Form 720 also 
constitutes a final return (Sec. 40.6011(a)-2(a)(1)), and B is not 
required to file a return reporting zero tax liability in subsequent 
quarters. If B's Form 720 is also a final return, B checks the box 
marked ``Final Return'' in accordance with the instructions for the 
return.
    (iii) Deposit requirement; in general. Because the return is not a 
one-time filing, B is required to make a deposit of tax 
(Sec. 40.6302(c)-1(b)(1)(i)) for the semimonthly period in which the 
liability was incurred. Under Sec. 40.6302(c)-1(b)(5)(i), B must deposit 
an amount not less than the net tax liability incurred during the 
semimonthly period, in this case $12,000. Deposits of luxury tax for a 
semimonthly period are due by the 9th day of the following semimonthly 
period (the 9-day rule under Sec. 40.6302(c)-1(b)(6)(i)). Thus, B must 
deposit the $12,000 by April 9, 1993. Form 8109, Federal Tax Deposit 
Coupon, completed in accordance with the instructions to the form must 
accompany the deposit (Sec. 40.6302(c)-1(d)).
    (iv) Deposit requirement; safe harbor. B may also meet the deposit 
requirement by using a safe harbor rule. B did not file a return for the 
second preceding calendar quarter, so B does not qualify for the safe 
harbor based on look-back quarter liability (Sec. 40.6302(c)-
1(c)(2)(i)), but B may use the safe harbor based on current liability 
(Sec. 40.6302(c)-1(c)(3)(i)). Under this safe harbor, B's deposit for 
the semimonthly period must be at least 95% of B's net tax liability for 
the semimonthly period (Sec. 40.6302(c)-1(c)(3)(i)(A)), B's deposit must 
be timely (Sec. 40.6302(c)-1(c)(3)(i)(B)), and B must pay the amount of 
any underpayment of tax by the due date of the return (Sec. 40.6302(c)-
1(c)(3)(i)(D)). B meets this safe harbor by depositing $11,400 (95% of 
$12,000) by April 9, 1993, and by paying $600 (the amount of the 
underpayment ($12,000 minus $11,400)) with the return by April 30, 1993.
    Example 3. Classes of tax (aviation fuel tax, foreign insurance tax, 
ozone-depleting chemicals tax); books kept on a monthly basis; deposit 
requirement; safe harbor based on look-back quarter liability. (i) 
Facts. (1) M, a corporation, is an aviation fuel wholesaler registered 
under section 4101 with respect to the tax imposed by section 4091, and 
is therefore treated as a producer for purposes of the section 4091 tax 
on the sale of aviation fuel by its producer. M's net aviation fuel tax 
liability in the fourth quarter of 1990 was $36,000. The aviation fuel 
tax liability incurred by M during each calendar month in the second 
calendar quarter of 1991 is as follows:

Apr. 1st-30th................................................    $10,000
May 1st-31st.................................................     15,000
Jun. 1st-30th................................................     12,000
                                                              ----------
    Total....................................................    $37,000
                                                                        

    (2) M also purchases insurance from a foreign insurer, thereby 
incurring liability for the tax imposed by section 4371 on policies 
issued by a foreign insurer. M's net section 4371 tax liability in the 
fourth quarter of 1990 was $6,000. The section 4371 liability incurred 
by M during each calendar month in the second calendar quarter of 1991, 
is as follows:

Apr. 1st-30th.................................................        $0
May 1st-31st..................................................         0
June 1st-30th.................................................     6,000
                                                               ---------
    Total.....................................................    $6,000
                                                                        

    (3) In addition, M imports into the United States and sells CFC-12, 
an ozone-depleting chemical subject to tax under section 4681. M's net 
ozone-depleting chemicals tax liability for the fourth calendar quarter 
of 1990 was $3,300. The ozone-depleting chemicals tax liability incurred 
by M during each calendar month in the second calendar quarter of 1991 
is as follows:

Apr. 1st-30th.................................................    $1,300
May 1st-31st..................................................     1,500
June 1st-30th.................................................     1,500
                                                               ---------
    Total.....................................................    $4,300
                                                                        

    (4) M keeps its books on a monthly basis. M makes deposits and files 
Form 720 each quarter to report liability for the aviation fuel tax, the 
section 4371 tax, and the ozone-depleting chemicals tax. M's total net 
tax liability for the second calendar quarter of 1991 is $47,300.
    (ii) Filing requirement. Because M must report ozone-depleting 
chemicals tax, M's

[[Page 20]]

Form 720 for the second calendar quarter of 1991 is due by Tuesday, 
September 3, 1991. The Form 720 would ordinarily be due by August 31st 
(the last day of the second month after the end of the calendar quarter 
(Sec. 40.6071(a)-2(a)), but August 31, 1991 is a Saturday, and Monday, 
September 2, 1991, is Labor Day, a legal holiday. Thus, under section 
7503, M has additional time to file. If M had reported only aviation 
fuel and section 4371 tax liability on M's Form 720 for the second 
calendar quarter of 1991, the Form 720 would have been due by July 31, 
1991, the last day of the first month after the end of the calendar 
quarter (Sec. 40.6071(a)-1(a)(1)). However, only one Form 720 is filed 
for a calendar quarter (Sec. 40.6071(a)-1(a)(2)). Thus, M's 
responsibility for reporting ozone-depleting chemicals tax allows M to 
delay the filing of the Form 720. Although M may delay the filing of its 
Form 720 until two months after the quarter ends, M must deposit the 
full amount of the aviation fuel tax and foreign insurance tax for the 
quarter by the date the return of those taxes would ordinarily be due 
(i.e. July 31, 1991) (Sec. 40.6071(a)-1(a)(2)). Under Sec. 40.6011(a)-
1(a)(2), M must continue to file a Form 720 for each calendar quarter 
until M files a final return in accordance with Sec. 40.6011(a)-2.
    (iii) Deposit requirement; in general. M is required to make a 
deposit of tax for each semimonthly period in which liability is 
incurred (Sec. 40.6302(c)-1(b)(1)(i)). M is required to make deposits of 
tax because M's liability for the quarter exceeds $2,000 
(Sec. 40.6302(c)-1(f)(3)). Deposits of aviation fuel tax and section 
4371 tax for a semimonthly period are due by the 9th day of the 
following semimonthly period (the 9-day rule under Sec. 40.6302(c)-
1(b)(6)(i)). The 9-day rule does not apply to ozone-depleting chemicals 
tax (Sec. 40.6302(c)-1(b)(6)(ii)). Deposits of ozone-depleting chemicals 
tax for a semimonthly period are due by the last day of the second 
following semimonthly period (the 30-day rule under Sec. 40.6302(c)-
2(b)(1)). M uses the rule provided under Sec. 40.6302(c)-1(b)(3) to 
compute its net tax liability for each semimonthly period. Thus, M 
divides monthly net tax liability for each tax by two to determine its 
semimonthly liability. The amount of M's deposit for a semimonthly 
period under the 9-day rule must be not less than the total net tax 
liability for 9-day rule taxes incurred during the semimonthly period 
(Sec. 40.6302(c)-1(b)(5)(i)). The amount of M's deposit for a 
semimonthly period under the 30-day rule must be not less than the total 
net tax liability for 30-day rule taxes incurred during the semimonthly 
period (Sec. 40.6302(c)-1(b)(5)(i)). Accordingly, M meets the deposit 
requirement if M makes the following deposits:

------------------------------------------------------------------------
           Deposit due by              Amount         Class of tax      
------------------------------------------------------------------------
Apr. 24th...........................    $5,000  9-day rule              
May 9th.............................     5,000  9-day rule              
May 15th............................       650  30-day rule             
May 24th............................     7,500  9-day rule              
May 31st............................       650  30-day rule             
June 10th...........................     7,500  9-day rule              
June 17th...........................       750  30-day rule             
June 24th...........................     9,000  9-day rule              
July 1st............................       750  30-day rule             
July 9th............................     9,000  9-day rule              
July 15th...........................       750  30-day rule             
July 31st...........................       750  30-day rule             
------------------------------------------------------------------------

    The deposit due on Monday, June 10th would ordinarily be due on June 
9th, but June 9, 1991, is a Sunday, Thus, under section 7503, M has 
additional time to make the required deposit. Similarly, the deposits 
otherwise due on June 15th and June 30th are due under section 7503 on 
the next succeeding day that is not a Saturday or Sunday.
    (iv) Deposit requirements; safe harbor. M may also meet the deposit 
requirement by using a safe harbor rule. M uses the safe harbor based on 
look-back quarter liability for both the aviation fuel and section 4371 
taxes (9-day rule taxes) and the ozone-depleting chemicals tax (30-day 
rule tax). This is permitted because M filed a return reporting both of 
those classes of tax for the fourth quarter of 1990 (the look-back 
quarter under Secs. 40.6302(c)-1(c)(2)(i) and 40.6302(c)-2(b)(2)(i)). 
The safe harbor rules apply separately to 9-day rule and 30-day rule 
taxes (Sec. 40.6302(c)-1(c)(1)(ii)). Therefore, M must compute the 
amount to deposit separately for each class of tax.
    (1) M's combined net tax liability in the look-back quarter for 9-
day rule taxes was $42,000. M computes the amount to deposit for 9-day 
rule taxes based on M's combined look-back quarter liability for those 
taxes. Accordingly, M meets the safe harbor for 9-day rule taxes by--
    (A) Depositing $7,000 (\1/6\ of $42,000, M's combined net 9-day rule 
tax liability for the fourth calendar quarter of 1990 (Sec. 40.6302(c)-
1(c)(2)(i)(A))) by the due dates specified above for 9-day rule taxes 
(Sec. 40.6302(c)-1(c)(2)(i)(B)); and
    (B) Depositing $1,000 (the amount by which the net 9-day rule tax 
liability for the second calendar quarter of 1991 ($43,000) exceeds the 
net 9-day rule tax liability for the look-back quarter ($42,000) by July 
31, 1991 (Sec. 40.6302(c)-1(c)(2)(i)(C)).
    (2) M's net tax liability in the look-back quarter for 30-day rule 
taxes was $3,300. Accordingly, M meets the safe harbor for 30-day rule 
taxes by--
    (A) Depositing $550 (\1/6\ of $3,300, M's ozone-depleting chemicals 
tax liability for the fourth calendar quarter of 1990 (Sec. 40.6302(c)-
2(b)(2)(i)(A))) by the due dates specified above for 30-day rule taxes 
(Sec. 40.6302(c)-2(b)(2)(i)(B)); and

[[Page 21]]

    (B) Paying $1,000 (the amount by which the net 30-day rule tax 
liability for the second calendar quarter of 1991 ($4,300) exceeds the 
net 30-day rule tax liability for the look-back quarter ($3,300)) by 
September 3, 1991, the due date of the return (Sec. 40.6302(c)-
2(b)(2)(i)(C)).
    Example 4. Air transportation tax; deposits and reporting based on 
alternative method. (i) Facts. (1) P, a corporation engaged in providing 
air transportation subject to tax under section 4261 (a) and (b), is 
responsible for collecting and paying over that tax. P maintains a 
separate account in which all items of air transportation tax included 
in tickets sold are recorded and makes returns of tax on the basis of 
amounts considered as collected. P does not compute the amount of 
deposits of tax on the basis of actual collections. P files Form 720 on 
a quarterly basis to report the tax. P reported $54,000 of section 4261 
(a) and (b) tax for the third calendar quarter of 1992. P is not 
required to report any other taxes on its Form 720.
    (2) For the last month of 1992 and the first two months of 1993, P's 
separate account reflects the following:

------------------------------------------------------------------------
                     Tickets sold during                          Tax   
------------------------------------------------------------------------
Dec. 1st-15th...............................................     $11,000
Dec. 16th-31st..............................................      11,000
Jan. 1st-15th...............................................       7,500
Jan. 16th-31st..............................................       7,500
Feb. 1st-15th...............................................       9,500
Feb. 16th-28th..............................................       9,500
                                                             -----------
    Total...................................................     $56,000
------------------------------------------------------------------------

    (3) The tax is considered as collected during the first week of the 
second semimonthly period following the semimonthly period in which the 
tickets were sold to the customers. Accordingly, the tax included in 
tickets sold during the period December 1992 through February 1993 is 
considered as collected as follows:

------------------------------------------------------------------------
                                                Tax is considered as    
          For tickets sold during                 collected during      
------------------------------------------------------------------------
Dec. 1st-15th.............................  Jan. 1st-7th                
Dec. 16th-31st............................  Jan. 16th-22nd              
Jan. 1st-15th.............................  Feb. 1st-7th                
Jan. 16th-31st............................  Feb. 16th-22nd              
Feb. 1st-15th.............................  Mar. 1st-7th                
Feb. 16th-28th............................  Mar. 16th-22nd              
------------------------------------------------------------------------

    (ii) Filing requirement. Because P is responsible for collecting and 
paying over air transportation tax, P must file the return of that tax 
(Sec. 40.6011(a)-1(a)(3)). P's Form 720 for the first calendar quarter 
of 1993 is due by Tuesday, June 1, 1993. P's Form 720 would ordinarily 
be due by May 31, 1993 (the last day of the second month after the end 
of the calendar quarter (Sec. 40.6071(a)-2(a)), but May 31, 1993, is 
Memorial Day, a legal holiday. Thus, under section 7503, P has 
additional time to file. Under Sec. 40.6011(a)-1(a)(2), P must continue 
to file a Form 720 for each calendar quarter until P files a final 
return under Sec. 40.6011(a)-2.
    (iii) Deposit requirement; in general. Because P maintains the 
separate account required under Sec. 40.6302(c)-3(b)(2)(ii) and makes 
returns of tax on the basis of amounts of tax considered as collected, P 
may use the alternative method to compute the amount of tax to be 
deposited (Sec. 40.6302(c)-3(b)(2)). P is required to make a deposit of 
tax for each semimonthly period in which tax is considered as collected 
(Sec. 40.6302(c)-1(b)(1)(iii)). P must deposit an amount not less than 
the net amount of tax that is considered as collected during the 
semimonthly period (Sec. 40.6302(c)-3(d)). Under the alternative method, 
deposits of air transportation tax are due by the third banking day 
after the end of the week during which the tax is considered as 
collected (Sec. 40.6302(c)-3(c)). Accordingly, P meets the deposit 
requirement for the first quarter of 1993 if P makes the following 
deposits:

By Jan. 12th.................................................    $11,000
By Jan. 27th.................................................     11,000
By Feb. 10th.................................................      7,500
By Feb. 25th.................................................      7,500
By Mar. 10th.................................................      9,500
By Mar. 25th.................................................      9,500
                                                                        

    (iv) Deposit requirement; safe harbor. P may also meet the deposit 
requirement by using a safe harbor rule (Sec. 40.6302(c)-1(c)(1)(i)). P 
uses the safe harbor based on look-back quarter liability. This is 
permitted because P filed a return reporting tax imposed on air 
transportation under section 4261 (a) and (b) for the third quarter of 
1992 (the look-back quarter under Sec. 40.6302(c)-1(c)(2)(i)). P meets 
this safe harbor by--
    (1) Depositing $9,000 (\1/6\ of $54,000, P's net tax liability for 
the third calendar quarter of 1992 (Sec. 40.6302(c)-1(c)(2)(i)(A)) by 
the due dates specified above (Sec. 40.6302(c)-1(c)(2)(i)(B)); and
    (2) Paying $2,000 (the amount by which the net tax liability for the 
first calendar quarter of 1993 ($56,000) exceeds the net tax liability 
for the look-back quarter ($54,000)) by June 1, 1993, the due date of 
the return (Sec. 40.6302(c)-1(c)(2)(i)(D)).
    (v) Reporting requirement. Under the alternative method, P's Form 
720 for the first quarter of 1993 reports the $56,000 of air 
transportation taxes considered as collected during that quarter 
(Sec. 40.6302(c)-3(e)).

[T.D. 8442, 57 FR 48177, Oct. 22, 1992; 58 FR 6575, Jan. 29, 1993, as 
amended by T.D. 8685, 61 FR 58007, Nov. 12, 1996]

[[Page 22]]





PART 41--EXCISE TAX ON USE OF CERTAIN HIGHWAY MOTOR VEHICLES--Table of Contents






                         Subpart A--Introduction

Sec.
41.0-1  Introduction.
41.0-2  General definitions and use of terms.
41.0-3  Scope of regulations.

         Subpart B--Tax on Use of Certain Highway Motor Vehicles

41.4481-1  Imposition of tax.
41.4481-1T  Special rules for small owner-operators (temporary).
41.4481-2  Persons liable for tax.
41.4481-3  Registration.
41.4482(a)-1  Definition of highway motor vehicle.
41.4482(b)-1  Definition of taxable gross weight.
41.4482(b)-1T  Schedule of taxable gross weights for the taxable period 
          beginning July 1, 1984, and ending June 30, 1985 (temporary).
41.4482(c)-1  Definition of State, taxable period and use.
41.4483-1  State and local governmental exemption.
41.4483-2  Exemption for certain transit-type buses.
41.4483-3  Exemption for trucks used for 5,000 or fewer miles and 
          agricultural vehicles used for 7,500 or fewer miles on public 
          highways.
41.4483-4  Application of exemptions.
41.4483-5  Termination of exemptions.
41.4483-6  Reduction in tax for trucks used in logging.
41.4483-7  Reduction in tax for vehicles registered in a contiguous 
          foreign country.
41.4484-1  Administrative provisions.

 Subpart C--Administrative Provisions of Special Application to Tax on 
                  Use of Certain Highway Motor Vehicles

41.6001-1  Records.
41.6001-2  Proof of payment for state registration purposes.
41.6001-3  Proof of payment for entry into the United States.
41.6011(a)-1  Returns.
41.6071(a)-1  Time for filing returns.
41.6081(a)-1  Extension of time for filing returns.
41.6091-1  Place for filing returns.
41.6101-1  Period covered by returns.
41.6109-1  Employer identification numbers.
41.6151(a)-1  Time and place for paying tax.
41.6156-1  Installment payments of tax on use of highway motor vehicle.
41.6161(a)(1)-1  Extension of time for paying tax.
41.6302(b)-1  Method of collection.
41.7805-1  Promulgation of regulations.

    Authority: 26 U.S.C. 7805; Sec. 41.4482(b)-1 also issued under 26 
U.S.C.4482(b); Sec. 41.4483-3 also issued under 26 U.S.C. 4483(d); 
Sec. 41.6001-3 also issued under 101 Stat. 260.

    Source: T.D. 6216, 21 FR 9645, Dec. 6, 1956; 25 FR 14021, Dec. 31, 
1960, unless otherwise noted.



                         Subpart A--Introduction





Sec. 41.0-1   Introduction.

    (a) In general. The regulations in this part are designated 
``Highway Motor Vehicle Use Tax Regulations''. The regulations relate to 
the tax imposed by Subchapter D of Chapter 36 of the Internal Revenue 
Code of 1954 and to certain related administrative provisions of 
Subtitle F of such Code. Subchapter D of Chapter 36 imposes an excise 
tax on the use of certain highway motor vehicles on the public highways 
in the United States.
    (b) Division of regulations. The regulations in this part are 
divided into three subparts. Subpart A contains provisions relating to 
the arrangement and numbering of the sections of the regulations in this 
part, general definitions and use of terms, and scope of the 
regulations. Subpart B relates to the provisions of the Code set forth 
in Subchapter D of Chapter 36 thereof (Tax on Use of Certain Vehicles). 
Subpart C relates to selected provisions of Subtitle F of the Code 
(Procedure and Administration) which have special application to the tax 
imposed by Subchapter D of Chapter 36 of the Code.
    (c) Arrangement and numbering. Each section of the regulations in 
this part (other than Subpart A) is designated by a number composed of 
the part number followed by a decimal point (41.); the section of the 
Internal Revenue Code which it interprets; a hyphen (-); and a number 
identifying the section. By use of these designations one can ascertain 
the sections of the regulations relating to a provision of the Code. For 
example, the regulations pertaining to section 4481 of the Code are 
designated Secs. 41.4481-1, 41.4481-2, and 41.4481-3.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 7665, 45 FR 
6090, Jan. 25, 1980]

[[Page 23]]





Sec. 41.0-2   General definitions and use of terms.

    As used in the regulations in this part, unless otherwise expressly 
indicated:
    (a) The terms defined in the provisions of law contained in the 
regulations in this part shall have the meanings so assigned to them.
    (b) The Internal Revenue Code of 1954 means the act approved August 
16, 1954 (68A Stat.), entitled ``An Act To revise the internal revenue 
laws of the United States'', as amended.
    (c) References to the ``Internal Revenue Code'' or the ``Code'' are 
references to the Internal Revenue Code of 1954.
    (d) References to a section or other provision of law are references 
to a section or other provision of the Internal Revenue Code of 1954.
    (e) District director means district director of internal revenue. 
The term also includes the Director of International Operations in all 
cases where the authority to perform the functions which may be 
performed by a district director has been delegated to the Director of 
International Operations.
    (f) Tax means the tax on the use of certain highway motor vehicles 
imposed by section 4481 of the Code.
    (g) Highway Revenue Act of 1956 means Title II of the Act approved 
June 29, 1956 (70 Stat. 387).
    (h) The cross references in the regulations in this part to other 
portions of the regulations, when the word ``see'' is used, are made 
only for convenience and shall be given no legal effect.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7929, June 23, 1964]





Sec. 41.0-3   Scope of regulations.

    The regulations in this part apply to the use of certain highway 
motor vehicles on the public highways in the United States after June 
30, 1956, and before the date the tax imposed by section 4481(a) ceases 
to apply.

[T.D. 7505, 42 FR 42856, Aug. 25, 1977]



         Subpart B--Tax on Use of Certain Highway Motor Vehicles





Sec. 41.4481-1  Imposition of tax.

    (a) In general. (1) A tax is imposed under section 4481(a) of the 
Code for each taxable period beginning after June 30, 1984, on the first 
use on the public highways in the United States during such period of 
any highway motor vehicle that (together with the semitrailers and 
trailers customarily used in connection with highway motor vehicles of 
the same type as such highway motor vehicle) has a taxable gross weight 
of at least 55,000 pounds, at the rate specified in paragraph (b) of 
this section. The tax is imposed on the use of such a highway motor 
vehicle only if, at the time of the use of such vehicle, it is 
registered or required to be registered in the name of a person (whether 
or not such person is the person who uses the vehicle). See, however, 
Secs. 41.4483-1, 41.4483-2, and 41.4483-3 relating respectively to 
exemptions from the tax in the case of highway motor vehicles used by a 
state or any political subdivision thereof, certain transit-type buses, 
and vehicles used for 5,000 or fewer miles (7,500 or fewer miles in the 
case of agricultural vehicles) on public highways. See Sec. 41.4483-6 
relating to a reduction in tax in the case of certain trucks used in 
logging. For definitions of the terms ``registered'', ``highway motor 
vehicle'', ``taxable gross weight'', ``taxable period'', ``use'', and 
``customary use'', see Secs. 41.4481-4, 41.4482(a)-1, 41.4482(b)-1, and 
paragraphs (b), (c), and (d) of Sec. 41.4481(c)-1 respectively.
    (2)(i) For taxable periods beginning after June 30, 1985, and before 
July 1, 1987, any highway motor vehicle that is issued a base plate by a 
Canadian province under the International Registration Plan (IRP) or 
similar agreement and has a proportional registration under such 
agreement to satisfy the registration laws of any of the United States 
shall be exempt from the tax imposed by section 4481(a).
    (ii) For each taxable period beginning after June 30, 1987, the tax 
imposed by section 4481(a) shall apply to any highway motor vehicle that 
has a base for registration purposes in a contiguous foreign country 
upon the first use of such vehicle on the public highways in the United 
States during such period. See Sec. 41.4483-7 relating to a reduction of 
the tax in the case of a highway motor vehicle that has a base for 
registration

[[Page 24]]

purposes in a contiguous foreign country.
    (b) Rate of tax. (1) For taxable periods after June 30, 1956, and 
before July 1, 1984, the tax is computed on each 1,000 pounds of taxable 
gross weight or fraction thereof for each highway motor vehicle the use 
of which at any time during the taxable period is subject to the tax. 
Thus, any fraction of 1,000 pounds of taxable gross weight is treated as 
1,000 pounds for purposes of the computation of the tax. Following are 
the rates of tax in effect for taxable periods after June 30, 1956 and 
before July 1, 1984:

------------------------------------------------------------------------
                                                                Rate of 
                                                                tax per 
                                                                 1,000  
                                                               pounds or
                                                                fraction
                    Period of vehicle use                       thereof 
                                                                   of   
                                                                taxable 
                                                                 gross  
                                                                 weight 
------------------------------------------------------------------------
For each taxable year period commencing after June 30, 1956,            
 and ending before July 1, 1961..............................      $1.50
For each taxable year period commencing after June 30, 1961,            
 and ending before July 1, 1984..............................       3.00
------------------------------------------------------------------------

    (2) For taxable periods after June 30, 1984, the tax is computed on 
each 1,000 pounds of taxable gross weight or fraction thereof of each 
highway motor vehicle the use of which at any time during the taxable 
period is subject to the tax as set forth in paragraph (a)(1) of this 
section. Thus, any fraction of 1,000 pounds of taxable gross weight in 
excess of 55,000 pounds of taxable gross weight is treated as 1,000 
pounds for purposes of the computation of the tax. Following are the 
rates of tax in effect for taxable periods after June 30, 1984:

------------------------------------------------------------------------
           Taxable gross weight                      Rate of tax        
------------------------------------------------------------------------
At least 55,000 pounds but not over 75,000  $100 per taxable period plus
 pounds.                                     $22 for each 1,000 pounds  
                                             (or fraction thereof) in   
                                             excess of 55,000 pounds.   
Over 75,000 pounds........................  $550.                       
------------------------------------------------------------------------

For the taxable period beginning July 1, 1993, and ending September 30, 
1993, the annual rate of tax shall be determined by substituting ``$25'' 
for ``$100'', ``$5.50'' for ``$22'', and ``$137.50'' for ``$550'', in 
the table in this paragraph (b)(2). However, if the tax imposed by 
section 4481(a) is extended to apply to use after September 30, 1993, 
the rate of tax for taxable periods after June 30, 1993, shall be as 
provided in section 4481(a).
    (c) Computation of tax. (1) Except as provided in paragraph (c)(2) 
of this section, the tax on the use of a particular highway motor 
vehicle for taxable periods beginning after June 30, 1984, is computed 
as follows:
    (i) For vehicles with a taxable gross weight of at least 55,000 
pounds, but not over 75,000 pounds, add to $100 an amount equal to $22 
for each 1,000 pounds (or fraction thereof) in excess of 55,000 pounds; 
and
    (ii) For vehicles with a taxable gross weight over 75,000 pounds, 
the tax is $550.
    (2) If the first taxable use of a particular highway motor vehicle 
is made after the first month of the taxable period, the tax on the use 
of such vehicle for such taxable period is computed by multiplying the 
amount of tax that would be due for a full taxable period as computed 
under paragraph (c)(1) of this section, by a fraction. Such fraction 
shall have as its numerator the number of months in the taxable period 
beginning with the month of first taxable use and as its denominator the 
number of months in the entire taxable period. For purposes of 
determining the fraction, any part of a month is counted as a full 
month. (See example (2) of paragraph (e) of this section.)
    (3) If a Form 2290 has been filed for a taxable period for a highway 
motor vehicle based on a particular taxable gross weight, and such 
taxable gross weight increases during the same taxable period, then the 
taxpayer shall file a new Form 2290 and pay (either in full or by 
installments) any additional tax imposed as a result of the increased 
taxable gross weight. Such additional tax shall be equal to the amount 
calculated according to the following formula:

                                                                                                                                                        
                                                                 P                                 R                                                    
                                       <3-ln [><3-ln (>  T1 x  ---- <3-ln )>  +  <3-ln (>  T2 x  ---- <3-ln )><3-ln ]>   -T1,                           
                                                                12                                12                                                    
                                                                                                                                                        


[[Page 25]]

where:
T1=Tax imposed for a full taxable period (or partial taxable 
          period as determined under paragraph (c)(2) of this section) 
          at the vehicle's previously reported taxable gross weight.
T2=Tax imposed for the same taxable period as used in 
          T1 at the vehicle's increased taxable gross weight.
P=The number of months in the taxable period during which the vehicle's 
          taxable gross weight was as previously reported for such 
          taxable period. This number does not include the month in 
          which the vehicle's taxable gross weight increased.

R=The number of months remaining in the taxable period including the 
          month in which the vehicle's taxable gross weight was 
          increased.

If tax was imposed for a partial taxable period as determined under 
paragraph (c)(2) of this section, the additional tax is determined by 
substituting the number of months in such partial taxable period for 
``12'' in the above formula.
    (4) If in any taxable period the taxable gross weight of a highway 
motor vehicle is decreased, the computation of tax is not affected and 
no right to credit or refund of any tax paid under section 4481 arises.
    (5) If in any taxable period a highway motor vehicle is destroyed or 
stolen before the first day of the last month in the taxable period, and 
is not subsequently used during such taxable period, the tax shall be 
calculated proportionately from the first day of the month in the period 
in which the first taxable use of the highway motor vehicle occurs to 
and including the last day of the month in which the highway motor 
vehicle was destroyed or stolen. Any tax paid under section 4481(a) on 
such a highway motor vehicle in excess of the tax calculated in the 
preceding sentence, shall be an overpayment for which a credit or refund 
of tax may be claimed. For purposes of this paragraph (c)(5), a highway 
motor vehicle is destroyed if the vehicle is damaged due to an accident 
or other casualty to such an extent that it is not economical to 
rebuild.
    (6) If the use of a highway motor vehicle during the taxable period 
is discontinued (for reasons other than destruction or theft as 
described in paragraph (c)(5) of this section) or is converted to a use 
which is exempt from the tax imposed by section 4481(a), the computation 
of the tax is not affected and no right to a credit or refund of any tax 
paid under section 4481 arises.
    (d) Credit or refund of tax under section 4481(a). (1) Any claim for 
refund of an overpayment of tax under section 4481(a) due to destruction 
or theft of the vehicle shall be made in accordance with the applicable 
provisions of this section and Sec. 301.6402-2 (Regulations on Procedure 
and Administration) and shall be filed by the person in whose name the 
vehicle is registered or required to be registered when the vehicle is 
destroyed or stolen. A claim for refund of the tax imposed by section 
4481(a) is to be filed on Form 843 (Claim).
    (2) Any person entitled to claim a refund of tax under paragraph 
(d)(1) of this section may, in lieu of claiming a refund of such tax, 
claim a credit for such tax on the next Form 2290 required to be filed.
    (e) Examples. The application of this section may be illustrated by 
the following examples:

    Example (1). In the taxable period beginning July 1, 1984, the first 
taxable use of a particular highway motor vehicle, a bus, having a 
taxable gross weight of 56,000 pounds, occurs on July 10, 1984, at which 
time the vehicle is registered in the name of X. A tax of $122 
($100+$22) is imposed on X for the use of such vehicle for such taxable 
period.
    Example (2). On July 1, 1984, X has registered in his name a highway 
motor vehicle having a taxable gross weight of 60,000 pounds. The 
vehicle is in ``dead storage'' until August 10, 1984, at which time X 
starts using the vehicle on the public highways in carrying on his 
trucking business. On August 10, 1984, the vehicle is still registered 
in X's name. Since the first taxable use of this highway motor vehicle 
during the taxable period occurred on August 10, 1984, X is required to 
pay a tax of $192.50 ([$100+(5 x $22)] x 11/12) for such taxable period.
    Example (3). On April 15, 1985, a vehicle with a taxable gross 
weight of 70,000 pounds and registered in the name of Y is completely 
destroyed. Y had purchased the vehicle from X who had paid the tax for 
the taxable period beginning July 1, 1984. Y is entitled to a refund of 
tax for those full months after destruction in the taxable period ending 
June 30, 1985. Thus, Y may file a claim

[[Page 26]]

for a refund of $71.67--2/12 of the total tax of $430 ($100+(15 x $22)).

[T.D. 8027, 50 FR 21246, May 23, 1985, as amended by T.D. 8159, 52 FR 
33584, Sept. 4, 1987; T.D. 8177, 53 FR 6626, Mar. 2, 1988]





Sec. 41.4481-1T  Special rules for small owner-operators (temporary).

    (a) In general. In the case of a small owner-operator (as defined in 
paragraph (b) of this section), the tax imposed by section 4481(a) for 
the taxable period beginning July 1, 1984, and ending June 30, 1985, is:
    (1) For vehicles with a taxable gross weight under 55,000 pounds--no 
tax,
    (2) For vehicles with a taxable gross weight of at least 55,000 
pounds but not over 58,000 pounds--the amount determined by using the 
rate of tax set forth in paragraph (b) of Sec. 41.4481-1T, and
    (3) For vehicles with a taxable gross weight over 58,000 pounds--
$3.00 for each 1,000 pounds (or fraction thereof) of taxable gross 
weight, but not to exceed $550.

If the first taxable use of a particular highway motor vehicle subject 
to tax under this section is made after the end of the first month of 
the taxable period, or if a particular highway motor vehicle subject to 
tax under this section is destroyed or stolen before the first day of 
the last month in the taxable period, the tax shall be computed using 
the proration rules provided in Secs. 41.4481-1T(c) (2) and (3), 
respectively. The tax imposed by section 4481(a) on a small owner-
operator for taxable periods beginning after June 30, 1985, is the 
amount determined by using the rate of tax set forth in paragraph (b) of 
Sec. 41.4481-1T.
    (b) Small owner-operator. For purposes of this section, the term 
``small owner-operator'' means any person who at all times during the 
taxable period owns no more than 5 highway motor vehicles with respect 
to which a tax is imposed by section 4481(a) for such taxable period and 
operates no more than 5 highway motor vehicles with respect to which a 
tax is imposed by section 4481(a) for such taxable period. For purposes 
of the preceding sentence, a vehicle on which the tax has been suspended 
under Sec. 41.4483-2T(a) shall be considered a vehicle with respect to 
which a tax is imposed by section 4481(a). A person may qualify as a 
small owner-operator under this section with respect to vehicles which 
such person owns and operates, notwithstanding the fact that such 
vehicles are registered or are required to be registered in the name of 
another person. Such other person who has registered or is required to 
register the vehicles, but who does not own or operate the vehicles, 
will be entitled to compute tax under Sec. 41.4481-1aT, to the extent 
the vehicles are owned and operated by small owner-operators. See 
Example (5) of paragraph (f) of this section. In the case of a lease of 
a vehicle, the lessor is treated as the owner and the lessee is treated 
as the operator of such vehicle.
    (c) Aggregation of vehicle ownerships. For purposes of paragraph (b) 
of this section all highway motor vehicles upon which the tax under 
section 4481(a) is imposed which are owned or operated by:
    (1) Any trades or businesses (whether or not incorporated) which are 
under common control with a taxpayer (as defined in Sec. 1.52-1(b)), or
    (2) Any member of any controlled group of corporations of which a 
taxpayer is a member, for any taxable period,

shall be treated as being owned or operated by such taxpayer during such 
taxable period.
    (d) Controlled groups of corporations. For purposes of paragraph 
(c)(2) of this section the term ``controlled group of corporations'' has 
the same meaning assigned to it in section 1563(a), except that:
    (1) ``More than 50 percent'' shall be substituted for ``at least 80 
percent'' each place it appears in section 1563(a)(1), and
    (2) The determination shall be made without regard to sections 
1563(a)(4) and 1563(e)(3)(C).
    (e) Highway motor vehicle. For purposes of this section, the term 
``highway motor vehicle'' has the same meaning assigned to such term in 
section 4482(a) and the regulations thereunder.
    (f) Examples. The application of this section may be illustrated by 
the following examples:


[[Page 27]]


    Example (1). On July 1, 1984, Z is the owner and operator of 5 
highway motor vehicles each of which has a taxable gross weight of 
60,000 pounds. On July 5, 1984, Z leases an additional 2 highway motor 
vehicles with a taxable gross weight of 60,000 pounds for use in Z's 
trucking business. Even though Z only owns 5 highway motor vehicles with 
respect to which a tax is imposed under section 4481(a), Z is operating 
a total of 7 such vehicles. Therefore, Z does not qualify as a small 
owner-operator under this section.
    Example (2). On July 1, 1984, X is the owner and operator of 5 
highway motor vehicles each of which has a taxable gross weight in 
excess of 58,000 pounds as determined under the schedules set forth in 
Sec. 41.4482(b)-1T. X pays tax on these vehicles under section 4481 as 
provided in paragraph (a)(3) of this section. A new vehicle weighting 
60,000 pounds is added to X's operating fleet in October 1984. X's small 
owner-operator status ceases upon the addition of the 6th vehicle to X's 
fleet and additional tax liability is incurred at such time in an amount 
equal to the excess of the tax which would have been imposed on the 
original 5 vehicles under Sec. 41.4481-1T(b) for the entire taxable 
period over the tax X paid for these vehicles under paragraph (a)(3) of 
this section. Tax liability for the 6th vehicle is determined under the 
rate set forth in Sec. 41.4481-1T(b) for the period from October 1, 
1984, to June 30, 1985, under the proration rules in Sec. 41.4481-
1T(c)(2).
    Example (3). On July 1, 1984, Y is the owner and operator of 100 
highway motor vehicles. For purposes of determining whether or not Y 
qualifies as a small owner-operator, the taxable gross weight of the 
vehicles is determined by reference to the schedules set forth in 
Sec. 41.4482(b)-1T. Ninety-seven of the vehicles have a taxable gross 
weight of less than 55,000 pounds. Three of the vehicles have a taxable 
gross weight of 60,000 pounds. Thus, Y is the owner and operator of a 
fleet of 5 or fewer vehicles subject to tax under section 4481(a) and is 
a small owner-operator. The tax imposed by section 4481(a) is applied by 
determining the rate of tax under paragraph (a) of this section. Thus, 
for the taxable period July 1, 1984, through June 30, 1985, Y is liable 
for no tax on the vehicles weighing less than 55,000 pounds, and $540 
($180 x 3) of tax on the vehicles weighing 60,000 pounds.
    Example (4). Assume the same facts as in Example (3), except that on 
January 1, 1985, Y buys three highway motor vehicles each of which 
weighs 60,000 pounds. Y's small owner-operator status ceases upon the 
addition of the three vehicles to Y's fleet and Y must redetermine the 
tax on the vehicles using the rates in Sec. 41.4481-1T(b). The 
redetermined tax on the original three vehicles weighing 60,000 pounds 
is $630 ($210 x 3). Since Y already paid $540 on these three vehicles, 
the additional amount to be paid is $90 (without interest). In addition, 
Y is liable for tax on the three added 60,000 pound vehicles for the 
period from January 1, 1985, through June 30, 1985, at the rates set 
forth in Sec. 41.4481-1T(b). Thus, the tax due on these vehicles is $315 
(\6/12\ x [3 x $210]). The total tax due from Y is $405, and must be 
paid with a Form 2290 filed by February 28, 1985.
    Example (5). Fleet carrier A has entered into operating agreements 
with 50 highway motor vehicle operators, each of which will provide 
services to A's shipping customers. None of the 50 operators are under 
common control with A or are members of a controlled group of 
corporations of which A is a member. Twenty of A's vehicle operators 
have purchased two truck-tractors (the ``vehicles'') under conditional 
sales contracts with A while 10 vehicle operators purchased two vehicles 
under conditional sales agreements with other persons. All 30 of these 
operators are treated as owning their vehicles for Federal income tax 
purposes. The remaining 20 operators own outright two vehicles each. For 
purposes of determining the amount of tax imposed by section 4481(a), 
each owner of two vehicles is considered a small owner-operator. In the 
interest of administrative convenience, A registers all 100 of its fleet 
vehicles in its own name under the laws of A's home state and pays the 
tax imposed on these vehicles. A is reimbursed by the operators for 
registration fees and taxes paid. Since A neither owns nor operates the 
100 vehicles which are owned and operated by the small owner-operators, 
A pays the tax under section 4481(a) based on the rate applicable to 
small owner-operators.
    Example (6). Assume the same facts as in Example (5), except that 
ten of A's vehicle operators have leased two vehicles each from A, 
rather than purchasing the vehicles under conditional sales contracts. 
As to these twenty leased vehicles, A is treated as the owner of the 
vehicles and cannot compute tax under section 4481(a) for these vehicles 
based on the rate applicable to small owner-operators, but must instead 
compute the tax based on the rate set forth in Sec. 41.4481-1T(b). A is 
still eligible to compute tax under section 4481(a) on the other 80 
vehicles based on the rate applicable to small owner-operators because 
these vehicles are owned and operated by small owner-operators.
    Example (7). P is a corporation which owns more than 50 percent of 
the single outstanding class of stock of three corporations, X, Y and Z. 
X Corporation operates and has registered in its name two highway motor 
vehicles, each of which has a taxable gross weight in excess of 55,000 
pounds. Y and Z Corporations operate and have registered in their names 
three and two vehicles, respectively, each of which has a taxable gross 
weight in excess of 55,000 pounds. For purposes of paragraph (c)(2) of 
this section, Corporations P, X, Y, and Z are treated as members of a 
``controlled group of corporations''

[[Page 28]]

as that term is defined in Sec. 41.4481-1aT(d). Thus, although each 
corporation pays the Federal Highway Use Tax on its vehicles separately 
from the other corporations, ownership and operation of their vehicles 
must be aggregated and none of the corporations qualify as a small 
owner-operator under this section. Accordingly, each corporation shall 
furnish such information as is required on the first Form 2290 filed for 
the taxable period and determine its tax liability under the rates set 
forth in Sec. 41.4481-1T(b).

(Secs. 4051(d)(2)(B)(ii) (98 Stat. 1009; 26 U.S.C. 4051(d)(2)(B)(ii), 
4483(d) (96 Stat. 2178; 26 U.S.C. 4483(d)), and 7805 (68A Stat. 917; 26 
U.S.C. 7805) of the Internal Revenue Code of 1954)

[T.D. 7970, 49 FR 34469, Aug. 31, 1984; 49 FR 45849, Nov. 21, 1984. 
Redesignated by T.D. 8027, 50 FR 21247, May 23, 1985]





Sec. 41.4481-2   Persons liable for tax.

    (a) In general. (1) The person in whose name any highway motor 
vehicle is registered at the time of the first taxable use of such 
vehicle in any taxable period is liable for the tax on the use of the 
vehicle for such taxable period. This liability is for the total tax 
even though such person elects to pay the tax in installments. If 
thereafter in the same taxable period a taxable use of such vehicle is 
made while it is registered in the name of another person, such other 
person is also liable for the tax on the use of such vehicle for such 
taxable period to the extent that the tax or an installment payment of 
the tax has not previously been paid. In case more than one person is 
liable for the tax on the use of a particular highway motor vehicle for 
a taxable period, the liability of all persons for such tax is satisfied 
to the extent that the tax is paid by any person liable for the tax.
    (2) The application of paragraph (a)(1) of this section may be 
illustrated by the following example:

    Example. In the taxable period beginning July 1, 1985, the first 
taxable use of a particular highway motor vehicle having a taxable gross 
weight of 60,000 pounds occurs on July 10, 1985, at which time the 
vehicle is registered in the name of Y. On September 1, 1985, Y sells 
the vehicle to X who registers and uses the vehicle before the end of 
such taxable period. Since the vehicle was registered in the name of Y 
at the time of its first taxable use, Y is liable for the total tax of 
$210 ($100+(5 x $22)) imposed on the use of the vehicle for the taxable 
period. X is also liable for $210 tax or any part thereof, but only to 
the extent that Y does not pay it. To the extent that either X or Y pays 
the tax the other party is relieved of such liability.
    (b) Evidence of prior use of second-hand vehicle. Every person who, 
at any time in the taxable period, acquires and has registered in his 
name a secondhand highway motor vehicle shall obtain and keep as a part 
of his records evidence, which he believes to be true, showing whether 
there was or was not a taxable use of such vehicle at any time in such 
taxable period prior to the time when the vehicle was registered in his 
name. Such person shall also obtain and keep as evidence a statement 
from the transferor as to whether there was in effect, at the time the 
vehicle was acquired, a suspension under Sec. 41.4483-3(a) of the tax 
imposed by section 4481(a). The evidence may take the form of a written 
statement, signed and dated by the person from whom the vehicle was 
acquired, showing whether there was or was not a prior taxable use of 
the vehicle and whether there was a suspension of tax in the taxable 
period. If the vehicle is acquired from a dealer in highway motor 
vehicles, the statement may be obtained from such dealer or from the 
person from whom the dealer acquired such vehicle. If evidence is not 
obtained showing whether there was or was not a prior taxable use of 
such vehicle and whether there was a suspension of tax in the taxable 
period, such person shall keep as a part of his records a written 
statement of the reason why he was unable to obtain such evidence.
    (c) Cross references. (1) For provisions relating to interest on 
underpayments of tax, see Sec. 301.6601-1 of this chapter (Regulations 
on Procedure and Administration).
    (2) For records required to be kept, see Sec. 41.6001-1.
    (3) For rules applicable to installment payment of tax for highway 
use tax liability, see Sec. 41.6156-1.
    (4) For rules applicable to time of filing returns, see 
Sec. 41.6071(a)-1.

[T.D. 6743, 29 FR 7930, June 23, 1964, as amended by T.D. 8027, 50 FR 
21247, May 23, 1985]





Sec. 41.4481-3   Registration.

    (a) For purposes of the regulations in this part, the term 
``registered'' when

[[Page 29]]

used in reference to a highway motor vehicle means--
    (1) Registered under the law of any State or Territory of the United 
States, the District of Columbia, or contiguous foreign country, or
    (2) Required to be registered under the law of any State or 
Territory of the United States or contiguous foreign country in which 
such highway motor vehicle is operated or situated or, in case the 
vehicle is operated or situated in the District of Columbia, under the 
law of the District of Columbia.

Any highway motor vehicle which is operated under a dealer's tag, 
license, or permit is considered to be registered in the name of such 
dealer. A highway motor vehicle is not considered to be registered 
solely by reason of the fact that there has been issued a special permit 
for operation of the vehicle at particular times and under specified 
conditions.
    (b) Any highway motor vehicle which, at any time in the taxable 
period, is registered both in the name of the owner of the vehicle and 
in the name of any other person, is considered, for purposes of the 
regulations in this part, to be registered, at such time, solely in the 
name of the owner of the vehicle.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7931, June 23, 1964; T.D. 8159, 52 FR 33584, Sept. 4, 1987]





Sec. 41.4482(a)-1   Definition of highway motor vehicle.

    (a) Highway motor vehicle. The term ``highway motor vehicle'' means 
any vehicle that is both:
    (1) A vehicle propelled by means of its own motor, whether such 
motor is powered by gasoline, diesel fuel, special motor fuels, 
electricity, or otherwise, and
    (2) A ``highway vehicle'' as defined in paragraph (c) of this 
section.
    (b) Treatment of certain excluded vehicles. Although trailers and 
semitrailers used in combination with highway trucks or truck-tractors 
are not vehicles the use of which is subject to the tax imposed by 
section 4481(a), trailers and semitrailers customarily used in 
combination with highway trucks or truck-tractors are taken into account 
in determining the taxable gross weight of the highway motor vehicle 
under Sec. 41.4482(b)-1, which is the base of the tax.
    (c) Highway vehicle. For the definition of the term ``highway 
vehicle'' as used in this subchapter, see Sec. 48.4061(a)-1(d).

[T.D. 7461, 42 FR 2671, Jan. 13, 1977]





Sec. 41.4482(b)-1  Definition of taxable gross weight.

    (a) In general. The tax imposed on the use of a highway motor 
vehicle (of a taxable gross weight of at least 55,000 pounds) is based 
on the taxable gross weight of such highway motor vehicle. Taxable gross 
weight of a highway motor vehicle is determined with reference to the 
sum of (1) the actual unloaded weight of such highway motor vehicle 
(fully equipped for service); (2) the actual unloaded weight of any 
trailers or semitrailers (fully equipped for service) customarily used 
in combination with such highway motor vehicle; and (3) the weight of 
the maximum load customarily carried on such highway motor vehicle and 
on any trailers or semitrailers customarily used in combination with 
such highway motor vehicle. In order to determine the taxable gross 
weight of a particular vehicle for a particular taxable period, use the 
appropriate method described in either paragraphs (c), (d), or (e) of 
this section, or Sec. 41.4482(b)-1T.
    (b) Meaning of terms. For purposes of the schedule of taxable gross 
weights prescribed in paragraph (c) of this section:
    (1) The term ``actual unloaded weight'' means the empty (or tare) 
weight of the truck, truck-tractor, or bus, fully equipped for service.
    (2) The term ``fully equipped for service'':
    (i) In the case of trucks and truck-tractors, includes body (whether 
or not designed and adapted primarily for transporting cargo, as for 
example, concrete mixers); all accessories; all equipment attached to or 
carried on such truck or truck-tractor for use in connection with the 
movement of the vehicle by means of its own motor or for use in the 
maintenance of the vehicle; and a full complement of lubricants, fuel, 
and water. The term does not include driver, any equipment (not

[[Page 30]]

including body) attached to or carried on the vehicle for use in 
handling, protecting, or preserving cargo; or any special equipment 
(such as an air compressor, crane, specialized oilfield machinery, etc.) 
mounted on the vehicle for use on construction jobs, in oilfield 
operations, etc.,
    (ii) In the case of buses, for taxable periods beginning before July 
1, 1964, includes body; all accessories; all equipment attached to or 
carried on such bus for use in connection with the movement of the 
vehicle by means of its own motor or for use in the maintenance of the 
vehicle; and a full complement of lubricants, fuel, and water. The term 
does not include driver or any equipment (not including body) attached 
to or carried on the vehicle for the accommodation of passengers or 
others (such as air-conditioning equipment and sanitation facilities, 
etc.), and
    (iii) In the case of buses, for taxable periods beginning on or 
after July 1, 1964, includes body; all accessories; all equipment 
attached to or carried on such bus for use in connection with the 
movement of the vehicle by means of its own motor, for use in the 
maintenance of the vehicle, or for the accommodation of passengers or 
others (such as air-conditioning equipment and sanitation facilities, 
etc.); and a full complement of lubricants, fuel, and water. The term 
does not include driver.
    (c) Schedule of taxable gross weights for periods before July 1, 
1969. The following schedule of taxable gross weights, based on the sum 
of the weights referred to in paragraph (a) of this section, is hereby 
prescribed for taxable periods beginning before July 1, 1969:

                            Use Tax Schedule                            
                                                                        
                                                                Taxable 
                                                                 gross  
                                                              weight (in
                                                                pounds) 
                                                                        
1. Single units:                                                        
  2 axled truck equipped for use as a single unit with                  
   actual unloaded weight of 13,000 pounds or more..........      27,000
  3 or 4 axled truck equipped for use as a single unit with             
   actual unloaded weight of at least 13,000 pounds and less            
   than 16,000 pounds.......................................      30,000
  3 or 4 axled truck equipped for use as a single unit with             
   actual unloaded weight of 16,000 pounds or more..........      40,000
2. Combinations:                                                        
  2 axled truck-tractor with actual unloaded weight of at               
   least 5,500 pounds and less than 7,000 pounds............      30,000
  2 axled truck-tractor with actual unloaded weight of at               
   least 7,000 pounds and less than 9,500 pounds............      40,000
  2 axled truck-tractor with actual unloaded weight of 9,500            
   pounds or more...........................................      50,000
  2 axled truck with actual unloaded weight of at least                 
   9,000 pounds and less than 12,000 pounds and equipped for            
   use in combinations......................................      40,000
  2 axled truck with actual unloaded weight of 12,000 pounds            
   or more and equipped for use in combinations.............      55,000
  3 or 4 axled truck equipped for use in combinations.......      60,000
  3 or 4 axled truck-tractor................................      60,000
3. Buses: Actual unloaded weight of vehicle plus 150 pounds             
 for each unit of seating capacity provided for passengers              
 and driver.                                                            
                                                                        

Any highway motor vehicle which falls in one of the categories shown in 
such schedule shall be considered, for purposes of the regulations in 
this part, to have the taxable gross weight assigned to such category. 
Any highway motor vehicle which does not fall in one of the categories 
shown in such schedule shall be considered, for purposes of the 
regulations in this part, to have a taxable gross weight of 26,000 
pounds or less.
    (d) Schedule of taxable gross weights for taxable periods beginning 
after June 30, 1969, and ending before July 1, 1984. The following 
schedule of taxable gross weights, based on the sum of the weights 
referred to in paragraph (a) of this section, is hereby prescribed for 
taxable periods after June 30, 1969, and before July 1, 1984. Any 
highway motor vehicle which falls in one of the categories shown in the 
following schedule shall be considered, for purposes of the regulations 
in this part, to have the taxable gross weight assigned to such 
category. Any highway motor vehicle which does not fall in one of the 
categories shown in the following schedule shall be considered, for 
purposes of the regulations in this part, to have a taxable gross weight 
of 26,000 pounds or less.

[[Page 31]]



                            Use Tax Schedule                            
                                                                        
                                                                Taxable 
                                                                 gross  
                                                              weight (in
                                                                pounds) 
                                                                        
1. Single units:                                                        
  (a) 2 axled truck equipped for use as a single unit with              
   actual unloaded weight of 13,000 pounds or more..........      27,000
  (b) 3 axled truck equipped for use as a single unit with              
   actual unloaded weight of 13,000 pounds or more and less             
   than 16,000 pounds.......................................      30,000
  (c) 3 axled truck equipped for use as a single unit with              
   actual unloaded weight of 16,000 pounds or more..........      40,000
  (d) 4 axled truck equipped for use as a single unit with              
   actual unloaded weight of less than 22,000 pounds........      55,000
  (e) 4 axled truck equipped for use as a single unit with              
   actual unloaded weight of 22,000 pounds or more and less             
   than 30,000 pounds.......................................      68,000
  (f) 4 axled truck equipped for use as a single unit with              
   actual unloaded weight of 30,000 pounds or more..........      80,000
  (g) More than 4 axled truck equipped for use as a single              
   unit.....................................................   2.5 times
                                                                  actual
                                                                unloaded
                                                                 weight.
2. Tractor-trailer combinations:                                        
  (h) 2 axled truck-tractor with actual unloaded weight of              
   5,500 pounds or more and less than 7,000 pounds..........      30,000
  (i) 2 axled truck-tractor with actual unloaded weight of              
   7,000 pounds or more and less than 9,500 pounds..........      40,000
  (j) 2 axled truck-tractor with actual unloaded weight of              
   9,500 pounds or more and less than 11,000 pounds.........      50,000
  (k) 2 axled truck-tractor with actual unloaded weight of              
   11,000 pounds or more....................................      60,000
  (l) 3 or 4 axled truck-tractor with actual unloaded weight            
   of less than 13,000 pounds...............................      65,000
  (m) 3 or 4 axled truck-tractor with actual unloaded weight            
   of 13,000 pounds or more and less than 17,000 pounds.....      70,000
  (n) 3 or 4 axled truck-tractor with actual unloaded weight            
   of 17,000 pounds or more.................................      74,000
  (o) More than 4 axled truck-tractor.......................   4.5 times
                                                                  actual
                                                                unloaded
                                                                 weight.
3. Truck-trailer combinations:                                          
  (p) 2 axled truck with actual unloaded weight of 9,000                
   pounds or more and less than 12,000 pounds and equipped              
   for use in combinations..................................      40,000
  (q) 2 axled truck with actual unloaded weight of 12,000               
   pounds or more and equipped for use in combinations......      55,000
  (r) 3 or 4 axled truck with actual unloaded weight of less            
   than 14,000 pounds and equipped for use in combinations..      65,000
  (s) 3 or 4 axled truck with actual unloaded weight of                 
   14,000 pounds or more and less than 19,000 pounds and                
   equipped for use in combinations.........................      74,000
  (t) 3 or 4 axled truck with actual unloaded weight of                 
   19,000 pounds or more and equipped for use in                        
   combinations.............................................      76,000
  (u) More than 4 axled truck equipped for use in                       
   combinations.............................................   4.5 times
                                                                  actual
                                                                unloaded
                                                                 weight.
4. Buses:                                                               
  Actual unloaded weight of vehicle plus 150 pounds for each unit of    
   seating capacity provided for passengers and driver.                 
                                                                        

    (e) Determination of taxable gross weight for taxable periods after 
June 30, 1985--(1) In general. For purposes of the tax imposed by 
section 4481(a), the taxable gross weight of a highway motor vehicle 
shall be equal to the sum of the weights referred to in paragraph (a) of 
this section. The taxable gross weight of a highway motor vehicle shall 
be reported by the taxpayer on Form 2290 for any vehicle that has a 
taxable gross weight of 55,000 pounds or more. In the case of a highway 
motor vehicle that is registered in at least one State that requires a 
declaration of gross weight to be stated as a specific amount for any 
purpose (including proportional or prorate registration or the payment 
of any other fees or taxes), the taxable gross weight of such vehicle 
must be no less than the highest gross weight declaration (or combined 
gross weight declaration in the case of a tractor-trailer or truck-
trailer combination) made by the registrant in any State with respect to 
such vehicle. If a highway motor vehicle is registered in at least one 
State that requires vehicles to register on the basis of gross weight 
and such vehicle is not registered in any State that requires a 
declaration of gross weight to be stated as a specific amount by the 
registrant, the taxable gross weight of such vehicle must fall within 
the highest gross weight category of such State for which such vehicle 
is registered during the taxable period. Declarations of weight made in 
order to obtain special temporary travel permits which allow a vehicle 
to, (i) operate in a State in which the vehicle is not registered or 
prorated, (ii) operate at more than a State's maximum statutory weight 
limit, or (iii) operate at more than the weight that the vehicle is 
registered in a State, shall not be

[[Page 32]]

considered in determining the taxable gross weight of a vehicle.
    (2) Buses. For purposes of the tax imposed by section 4481(a), the 
taxable gross weight of a bus shall be the sum of the weights referred 
to in paragraph (a) of this section except that ``the weight of the 
maximum load customarily carried'' on a bus shall be equal to 150 pounds 
times the number of units of seating capacity provided for passengers 
and driver.
    (f) Examples. The provisions of this section may be illustrated by 
the following examples:

    Example (1). A is the owner of a truck-tractor. On January 1, 1985, 
A registers the truck-tractor in three states--X, Y, and Z. For purposes 
of registering the vehicle in State X, A declares the gross operating 
weight of his truck-tractor to be 60,000 pounds. The declaration of the 
gross weight of the vehicle at 50,000 pounds places A's truck-tractor in 
the State X registration category of 55,000 to 62,000 pounds gross 
weight. Thus, the registered weight of A's vehicle in State X is 62,000 
pounds. At the same time as A registers the vehicle in State X, A also 
proportionally registers the vehicle under the IRP in State Y. A uses 
the same declared gross weight of 60,000 pounds for purposes of the 
State Y proportional registration. Registration in State Y at this 
declared gross weight places A's truck-tractor in the State Y gross 
weight registration category of 58,000 to 68,000 pounds. Finally, A 
registers the truck-tractor in State Z. Registration of vehicles in 
State Z is based on the unladen weight of the vehicle. During the 
taxable period beginning on July 1, 1985, A's truck-tractor is not 
registered in any other state. For the taxable period beginning on July 
1, 1985, A must declare a taxable gross weight of no less than 60,000 
pounds for purposes of the tax imposed by section 4481(a) because that 
is the highest declared gross weight for state registration or other 
purposes. Should A declare to any State agency a higher gross operating 
weight with respect to the truck-tractor during the same taxable period 
(except for a special temporary permit), A would then be liable for 
additional tax as determined under paragraph (c)(3) of Sec. 41.4481-1.
    Example (2). Assume the same facts as in example (1), except that on 
one occasion during the taxable period, A was issued a special 2-day 
permit to use his truck-tractor in State Y to haul a load which would 
give A's unit a total gross weight of 80,000 pounds. A may still declare 
the taxable gross weight of his unit to be no less than 60,000 pounds 
because special permits to haul heavier loads on a temporary basis are 
not considered in determining the taxable gross weight of a vehicle.
    Example (3). C owns and has registered in his name 2 trucks which 
are identical in all respects and which are used to carry the same type 
of load. The first vehicle is registered only in State X at a registered 
weight of 73,000 pounds based on a declared gross weight of 70,000 
pounds. The second vehicle is registered only in State Y at a registered 
weight of 68,000 pounds based on a declared gross weight of 65,000 
pounds. No other declarations of gross weight are made with respect to 
either vehicle. For purposes of the Federal heavy vehicle use tax, the 
taxable gross weight of the vehicle registered in State X may be 
declared at no less than 70,000 pounds and the taxable gross weight of 
the vehicle registered in State Y may be declared at no less than 65,000 
pounds even though the vehicles are identical.

(Secs. 4482(b), 70 Stat. 390; 26 U.S.C. 4482 (b))

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7931, June 23, 1964; T.D. 7011, 34 FR 7448, May 8, 1969; T.D. 8027, 50 
FR 21247, May 23, 1985]





Sec. 41.4482(b)-1T  Schedule of taxable gross weights for the taxable period beginning July 1, 1984, and ending June 30, 1985 (temporary).

    The following schedule of taxable gross weights, based on the sum of 
the weights referred to in Sec. 41.4482(b)-1(a), is hereby prescribed 
for the taxable period beginning July 1, 1984. Any highway motor vehicle 
which falls in one of the categories shown in the following schedule 
shall be considered, for purposes of the regulations in this part, to 
have the taxable gross weight assigned to such category. Any highway 
motor vehicle which does not fall in one of the categories shown in the 
following schedule shall be considered, for purposes of the regulations 
in this part, to have a taxable gross weight of less than 55,000 pounds.

                            Use Tax Schedule                            
                                                                        
                                                                Taxable 
                                                                 gross  
                                                              weight (in
                                                                pounds) 
                                                                        
1. Single units:                                                        
  (a) 4 axled truck equipped for use as a single unit with              
   actual unloaded weight of less than 22,000 pounds........      55,000
  (b) 4 axled truck equipped for use as a single unit with              
   actual unloaded weight of 22,000 pounds or more and less             
   than 30,000 pounds.......................................      68,000

[[Page 33]]

                                                                        
  (c) 4 axled truck equipped for use as a single unit with              
   actual unloaded weight of 30,000 pounds or more..........      80,000
  (d) More than 4 axled truck equipped for use as a single              
   unit.....................................................      80,000
2. Tractor-trailer combinations:                                        
  (e) 2 axled truck-tractor with actual unloaded weight of              
   11,000 pounds or more....................................      60,000
  (f) 3 or 4 axled truck-tractor with actual unloaded weight            
   of less than 13,000 pounds...............................      65,000
  (g) 3 or 4 axled truck-tractor with actual unloaded weight            
   of 13,000 pounds or more and less than 17,000 pounds.....      70,000
  (h) 3 or 4 axled truck-tractor with actual unloaded weight            
   of 17,000 pounds or more.................................      74,000
  (i) More than 4 axled truck-tractor.......................      80,000
3. Tractor-trailer-trailer combinations:                                
  (j) 2 or more axled truck-tractor used to haul more than              
   one trailer..............................................      80,000
4. Truck-trailer combinations:                                          
  (k) 2 axled truck with actual unloaded weight of 12,000               
   pounds or more and equipped for use in combinations......      55,000
  (l) 3 or 4 axled truck with actual unloaded weight of less            
   than 14,000 pounds and equipped for use in combinations..      65,000
  (m) 3 to 4 axled truck with actual unloaded weight of                 
   14,000 pounds or more and less than 19,000 pounds and                
   equipped for use in combinations.........................      74,000
  (n) 3 or 4 axled truck with actual unloaded weight of                 
   19,000 pounds or more and equipped for use in                        
   combinations.............................................      76,000
  (o) More than 4 axled truck equipped for use in                       
   combinations.............................................      80,000
5. Buses: Actual unloaded weight of vehicle plus 150 pounds             
 for each unit of seating capacity provided for passengers              
 and driver.                                                            
                                                                        


(Secs. 4051(d)(2)(B)(ii) (98 Stat. 1009; 26 U.S.C. 4051(d)(2)(B)(ii), 
4483(d) (96 Stat. 2178; 26 U.S.C. 4483(d)), and 7805 (68A Stat. 917; 26 
U.S.C. 7805) of the Internal Revenue Code of 1954)

[T.D. 7970, 49 FR 34470, Aug. 31, 1984]





Sec. 41.4482(c)-1   Definition of State, taxable period and use.

    (a) State. The term ``State'', as used in the regulations in this 
part, means any one of the several States, the Territories of Alaska and 
Hawaii prior to their admission into the Union as States, or the 
District of Columbia.
    (b) Taxable period. The term ``taxable period'', as used in the 
regulations in this part, means (1) any one-year period beginning with 
July 1 and ending with the following June 30 during the period after 
June 30, 1956, and before July 1, 1993, and (2) the three-month period 
beginning with July 1, 1993, and ending with September 30, 1993. In the 
event the tax imposed by section 4481(a) is extended to apply to use 
after September 30, 1993, the term ``taxable period'' shall mean (1) any 
one-year period beginning with July 1 and ending with the following June 
30 during which the tax applies, and (2) the period, if any, less than 
one year in length beginning with July 1 and ending with the date the 
tax ceases to apply.
    (c) Use. The term ``use'', as used in the regulations in this part 
with reference to a highway motor vehicle, means the use of the highway 
motor vehicle on the public highways in the United States, that is, 
operation of the vehicle, by means of its own motor, on any roadway 
(whether a Federal highway, State highway, city street, or otherwise) in 
the United States which is not a private roadway. Thus, for purposes of 
the tax, there is no use of a highway motor vehicle while the vehicle is 
in ``dead storage''. The term ``use'' does not include operation of a 
new highway motor vehicle on a public highway in the United States if 
such operation is merely for the purpose of transporting the vehicle 
from the point of manufacture or assembly to the consumer, whether 
direct or with intermediate deliveries to such points as are involved in 
the distribution process. For example, operation of a new vehicle for 
the purpose of delivering it from the factory to a branch establishment 
of the manufacturer, or from the factory or branch establishment to a 
dealer, distributor, or consumer, does not constitute use of the vehicle 
within the meaning of the regulations in this part; likewise, the 
further operation of the vehicle by a dealer or distributor for the 
purpose of delivering the vehicle to a consumer does not constitute use 
of the vehicle. Similarly, the operation of a secondhand highway motor 
vehicle by a dealer or distributor for the purpose of delivering the 
vehicle to a purchaser does not constitute use of the vehicle within the 
meaning of the regulations in this part. Furthermore, the term ``use'' 
does not include operation of a new or secondhand highway motor vehicle, 
if such operation is exclusively for the purpose of demonstration of the 
vehicle by a dealer in, or

[[Page 34]]

distributor of, new or secondhand highway motor vehicles. Operation of a 
highway motor vehicle on a private roadway, or other private property, 
does not constitute use of the vehicle within the meaning of the 
regulations in this part.
    (d) Customary use. For taxable periods beginning after June 30, 
1984, the term ``customary use'' as used in the regulations in this 
part, means that a semitrailer or trailer shall be treated as 
customarily used in connection with a highway motor vehicle if the 
vehicle is equipped to tow such semitrailer or trailer.

[T.D. 7409, 41 FR 9877, Mar. 8, 1976, as amended by T.D. 7505, 42 FR 
42856, Aug. 25, 1977; T.D. 8027, 50 FR 21248, May 23, 1985; T.D. 8159, 
52 FR 33584, Sept. 4, 1987]





Sec. 41.4483-1   State and local governmental exemption.

    Use by any State or any political subdivision thereof of any highway 
motor vehicle is exempt from the tax imposed by section 4481. For 
definition of the term ``State'', see Sec. 41.4482(c)-1. For purposes of 
this section, the term ``use by any State or any political subdivision 
thereof'' means the operation by any State or any political subdivision 
thereof on the public highways in the United States of any highway motor 
vehicle, whether or not such highway motor vehicle is owned by the State 
or the political subdivision.





Sec. 41.4483-2   Exemption for certain transit-type buses.

    (a) In general. Use in any taxable period, or part thereof, of any 
bus of the transit type by any person who is engaged in the operation of 
a transit system is exempt from the tax, if such person meets the 60-
percent passenger fare revenue test provided for in section 6421(b)(2), 
as set forth in paragraph (e) of this section, for the applicable period 
prescribed in paragraph (c) of this section as the test period for such 
person for such system for such taxable period, or part thereof.
    (b) Buses of the transit type. The term ``transit type'', when used 
in the regulations in this part with reference to a bus, means the type 
of bus which is designed for the mass transportation of persons within 
an urban area, as distinguished from the intercity-type bus. A transit-
type bus is ordinarily distinguishable from an intercity-type bus by 
comparison of seats, doors, and baggage facilities. The transit-type bus 
usually has straight-back seats of the bench type, while the intercity-
type bus generally has seats which either can be reclined or are in fact 
permanently fixed in a reclining position. The transit-type bus is more 
likely to have an accordion or folding-type door at the front of the 
bus, and often has a second door in the middle or at the rear for 
passengers to leave the bus, as opposed to the emergency-type rear door 
which may or may not be included in the intercity-type bus. The typical 
transit-type bus does not have facilities for storing baggage whereas 
the typical intercity-type bus has facilities for storing baggage in a 
compartment underneath the floor of the bus or in overhead racks, or 
both. Other characteristics which may be taken into account in 
distinguishing a transit-type bus from an intercity-type bus include 
gear ratios, acceleration and maximum speed, and aisle space for 
standees. The transit-type bus ordinarily has a lower gear ratio to 
provide for quick starts and because, in general, buses of this type are 
operated at low speeds. The intercity-type bus ordinarily has a higher 
gear ratio and can be operated at much higher speeds. The transit-type 
bus usually has wider aisles, with overhead straps or bars to 
accommodate standees.
    (c) Test period. (1) In the case of any person who is engaged in the 
operation of a transit system at any time in the calendar quarter 
immediately preceding July 1 of any taxable period, the test period for 
such system for such taxable period shall be such calendar quarter. 
However, if passenger fare revenue from scheduled service described in 
paragraph (e) of this section was derived on less than 30 days during 
such calendar quarter from operation of such system, the test period for 
such system for such taxable period shall be the last preceding test 
period for such system. If such system has no preceding test period, 
then the test period for such system for such taxable period shall be 
the calendar quarter beginning with July 1 of such taxable period.

[[Page 35]]

    (2) Except as otherwise provided in subparagraph (3) of this 
paragraph, in the case of any person who commences operation of a 
transit system at any time on or after July 1 of any taxable period the 
test period for such system for that part of such taxable period 
beginning with the first day on which such operation was commenced shall 
be the calendar quarter in which falls such first day. However, if 
passenger fare revenue from scheduled service described in paragraph (e) 
of this section was derived on less than 30 days during such calendar 
quarter from operation of such system, the test period for such system 
for such taxable period shall be the following calendar quarter.
    (3) In the case of any person who commences operation of a transit 
system at any time in the last calendar quarter to which the tax imposed 
by section 4481 applies, such last calendar quarter shall be the test 
period for such transit system regardless of the number of days in which 
passenger fare revenue is derived in such calendar quarter.
    (d) Transit system. The term ``transit system'', as used in the 
regulations in this part, means any system for furnishing scheduled 
common carrier public passenger land transportation service along 
regular routes.
    (e) 60-percent passenger fare revenue test. For purposes of this 
section, a person engaged in the operation of a transit system meets the 
60-percent passenger fare revenue test set forth in section 6421(b)(2), 
for the applicable test period prescribed in this section, if:
    (1) During such test period (rather than any different period 
prescribed in section 6421(b)(2)) such person derived passenger fare 
revenue from the operation of such system, and
    (2) At least 60 percent of the total of such passenger fare revenue 
derived by such person during such test period was attributable to (i) 
amounts paid for transportation which do not exceed 60 cents, (ii) 
amounts paid for commutation or season tickets for single trips of less 
than 30 miles, or (iii) amounts paid for commutation tickets for one 
month or less (see section 4263(a)). In determining the total of such 
passenger fare revenue, the tax imposed by section 4261 is not to be 
taken into account for that purpose, nor is revenue from such sources as 
charter fees, rentals of property, advertising receipts, etc., to be 
included for that purpose.
    (f) Examples. Application of this section may be illustrated by the 
following examples:

    Example (1). The X Transit Company is engaged in the operation of a 
transit system in the city of A and surrounding area throughout April, 
May, and June of 1984 and the taxable period beginning July 1, 1984. It 
derives passenger fare revenue from the operation of such system for 15 
days in April and for the entire months of May and June of 1984. On July 
1, 1984, the Company is using 60 buses of the transit type and 40 buses 
of the intercity type. Each of 20 of the transit-type buses and each of 
10 of the intercity-type buses has a taxable gross weight of less than 
55,000 pounds. (No tax is imposed on the use of either a transit-type 
bus or an intercity-type bus having a taxable gross weight of less than 
55,000 pounds. See Sec. 41.4481-1.) Use of the 10 intercity-type buses 
is subject to the tax for the taxable period beginning with July 1, 
1984, since the exemption, if any, applies only to transit-type buses. 
Use of the 20 transit-type buses is not subject to the tax for such 
taxable period if at least 60 percent of the total passenger fare 
revenue (not including any tax on the transportation of persons imposed 
by section 4261) derived by the X Transit Company during April, May, and 
June of 1984 (the test period prescribed in paragraph (c) (1) of this 
section) from operation of such system was from fares attributable to 
(i) amounts paid for transportation which do not exceed 60 cents, (ii) 
amounts paid for commutation or season tickets for single trips of less 
than 30 miles, or (iii) amounts paid for commutation tickets for one 
month or less. If the X Transit Company does not meet the 60-percent 
passenger fare revenue test for April, May, and June of 1984, the tax 
attaches for the taxable period beginning with July 1, 1984, with 
respect to the use of each of the 20 transit-type buses having a taxable 
gross weight of more than less than 55,000 pounds.
    Example (2). Assume the same facts as those stated in Example (1), 
except that the X Transit Company commences operation of the transit 
system on July 15, 1984, and derives passenger fare revenue from 
operation of the system throughout the following August and September. 
In such case, the test period is July, August, and September of 1984, 
and if the test is met for this period, no tax is imposed on the use by 
the Company of any bus of the transit type in the period July 15, 1984, 
through June 30, 1985.

[[Page 36]]

    Example (3). Assume the same facts as those stated in Example (1), 
except that the X Transit Company commences operation of the transit 
system on April 15, 1985, and derives passenger fare revenue from 
operation of the system throughout the following May and June. In such 
case the test period is April, May, and June of 1985, and if the test is 
met for this period, no tax is imposed on the use by the Company of any 
bus of the transit type in the period April 15 through June of 1985, or 
in the taxable period beginning on July 1, 1985.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7931, June 23, 1964; T.D. 8027, 50 FR 21248, May 23, 1985]





Sec. 41.4483-3  Exemption for trucks used for 5,000 or fewer miles and agricultural vehicles used for 7,500 or fewer miles on public highways.

    (a) Suspension of tax--(1) In general. Liability for the tax imposed 
by section 4481(a) is suspended during a taxable period if it is 
reasonable to expect that the vehicle will be used for 5,000 or fewer 
miles on public highways during such taxable period and the owner 
furnishes in the time and manner required the information required under 
paragraph (a)(2) of this section. See paragraph (g) of this section 
regarding special rules for agricultural vehicles. See Sec. 41.4482(c)-
1(c) for the meaning of ``use'' on the public highways.
    (2) Information to be supplied in support of suspension of tax. The 
owner of a highway motor vehicle who reasonably expects that the vehicle 
will be used for 5,000 or fewer miles on public highways during a 
taxable period shall furnish on the first Form 2290 (Federal Heavy 
Vehicle Use Tax Return) filed during the taxable period for such motor 
vehicle, such information as is required by the Form in order to support 
the suspension of tax under paragraph (a) of this section.
    (b) Cessation of suspension from tax. If a highway motor vehicle on 
which the tax under section 4481(a) is suspended for a particular 
taxable period under paragraph (a)(1) of this section is used for more 
than 5,000 miles on public highways during such taxable period, the 
owner of the vehicle shall pay the tax for the entire taxable period in 
accordance with section 4481(a). The tax shall be reported on a Form 
2290, which must be filed on or before the last day of the month 
immediately following the month in which the use of the vehicle during 
the taxable period exceeds 5,000 miles. If such Form is filed within the 
time required by the preceding sentence, it shall be treated as timely 
filed.
    (c) Exemption. If at the end of any taxable period during which the 
tax under section 4481(a) on a highway motor vehicle was suspended under 
paragraph (a)(1) of this section the vehicle has not been used for more 
than 5,000 miles on public highways, the vehicle shall be exempt from 
the tax for that taxable period. The owner of the vehicle shall verify 
that the vehicle was used for less than 5,000 miles in such ended 
taxable period on the first Form 2290 filed for the next taxable period.
    (d) Examples. The provisions of this section may be illustrated by 
the following examples:

    Example (1). A is the owner of 6 highway motor vehicles, each of 
which has a taxable gross weight in excess of 55,000 pounds. None of 
these 6 vehicles are agricultural vehicles. The vehicles are placed in 
use during July 1984. Because of the nature of his business, A reports 
on the first Form 2290 filed after June 30, 1984, that he reasonably 
expects that none of the vehicles will be used for more than 5,000 miles 
on public highways. Accordingly, the tax imposed by section 4481(a) is 
suspended for A's 6 vehicles for the taxable priod July 1, 1984, through 
June 30, 1985.
    Example (2). Assume the same facts as in example (1) except that 
during the month of February 1985, the use of one of A's vehicles 
exceeds 5,000 miles on public highways. A is liable for the full tax for 
the taxable period July 1, 1984, through June 30, 1985, for that vehicle 
at the rate set forth in Sec. 41.4481-1(b), and must so report on a Form 
2290 filed on or before March 31, 1985, the last day of the month 
following the month in which the use exceeds 5,000 miles.

    (e) Credit or refund of tax for highway motor vehicle used 5,000 or 
fewer miles. (1) If a highway motor vehicle on which the tax imposed by 
section 4481(a) has been paid for a given taxable period is used for 
5,000 or fewer miles on public highways during such taxable period, the 
person who paid the tax may file a claim for refund of an overpayment of 
the tax at the end of the taxable period. Claims for refunds of tax made 
under this paragraph (e) shall be filed in the same manner as claims for 
refunds filed under Sec. 41.4481-1(d). Refunds

[[Page 37]]

of tax made under this paragraph (e) shall be without interest.
    (2) Any person entitled to claim a refund of tax under paragraph 
(e)(1) of this section may, in lieu of claiming a refund of such tax, 
claim credit for such tax on the first Form 2290 filed for the next 
taxable period.
    (f) Relief from liability for tax under certain circumstances. If 
the tax imposed by section 4481(a) on a highway motor vehicle is 
suspended for any taxable period under paragraph (a) of this section and 
the vehicle is transferred while the suspension is in effect, the 
transferor will not be liable for any tax on such vehicle for such 
taxable period if such transferor furnishes a statement to the 
transferee on which is included the transferor's name, address and 
taxpayer identification number, the vehicle identification number, the 
date of transfer of the vehicle, the number of miles the vehicle has 
been used on the public highways during the taxable period, the odometer 
reading at the time of the transfer, and the name, address and taxpayer 
identification number of the transferee. The statement required in the 
preceding sentence shall be attached by the transferee to a Form 2290 
which must be filed on or before the last day of the month following the 
month in which such vehicle is transferred. The suspension from tax 
under paragraph (a) continues until the vehicle is used on the public 
highways for more than 5,000 miles during the taxable period (including 
use by the transferor for the portion of the taxable period prior to the 
transfer). If the transferor has furnished the statement required in 
this paragraph (f), the transferee and not the transferor is liable for 
the entire tax under section 4481(a) for the taxable period in which the 
transfer was made. If the transferor has not furnished such statement to 
the transferee, then the transferor is also liable for the tax on the 
use of such vehicle for such taxable period to the extent that the tax 
or an installment payment of the tax has not been previously paid. See 
paragraph (b) of this section relating to cessation of suspension from 
tax.
    (g) Special rule for agricultural vehicles--(1) In general. In 
applying the provisions of this section to an agricultural vehicle, 
``7,500'' shall be substituted for ``5,000'' each place it appears in 
paragraphs (a) through (f) of this section.
    (2) Meaning of terms--(i) Agriculture vehicle. An agricultural 
vehicle is any highway motor vehicle--
    (A) Used (or expected to be used) primarily for farming purposes, 
and
    (B) Registered (under the laws of the State or States in which such 
vehicle is required to be registered) as a highway motor vehicle used 
for farming purposes.

A highway motor vehicle is used primarily for farming purposes if more 
than one-half of such vehicle's use (determined on the basis of mileage) 
during the taxable period is for farming purposes. Further, the highway 
motor vehicle must be registered (under the laws of the State or States 
where such vehicle is required to be registered) as a highway motor 
vehicle used for farming purposes for the entire taxable period in order 
to qualify as an agricultural vehicle. See Sec. 41.4482(a)-(1) for the 
definition of ``highway motor vehicle''. A vehicle will be considered to 
be registered under the laws of the State as a highway motor vehicle 
used for farming purposes if such vehicle is so registered under a State 
statute or legally valid regulations. In addition, no special tag or 
license plate identifying a vehicle as being used for farming purposes 
is required.
    (ii) Farming purposes. For purposes of this section, ``farming 
purposes'' means the transporting of any farm commodity to or from a 
farm, or the use directly in agricultural production.
    (iii) Farm commodity. A ``farm commodity'' is any agricultural or 
horticultural commodity, feed, seed, fertilizer, livestock, bees, 
poultry, fur-bearing animals, or wildlife. A farm commodity does not 
include a commodity which has been changed by a processing operation 
from its raw or natural state. For example, juice which has been 
extracted from fruits or vegetables is not a farm commodity for purposes 
of this paragraph (g).
    (iv) Farm. The term ``farm'' includes stock (including feed yards 
for fattening cattle), dairy, poultry, fruit, fur-

[[Page 38]]

bearing animal, and truck farms, plantations, ranches, nurseries, 
ranges, orchards, and such greenhouses and other similar structures as 
are used primarily for the raising of any agricultural or horticultural 
commodity. Greenhouses and other similar structures used primarily for 
purposes other than the raising of agricultural or horticultural 
commodities (for example, display, storage, or fabrication of wreaths, 
corsages, and bouquets) do not constitute ``farms''.
    (v) Agricultural production--(A) In general. A highway motor vehicle 
is considered to be used directly in agricultural production only if it 
is used as indicated in the following paragraphs.
    (B) Use of a highway motor vehicle in connection with cultivating, 
raising, and harvesting. A highway motor vehicle is considered to be 
used directly in agricultural production if such vehicle is used in 
connection with cultivating the soil, or raising or harvesting any 
agricultural or horticultural commodity, including the raising, 
shearing, feeding, caring for, training and management of livestock, 
bees, poultry, and fur-bearing animals and wildlife. A highway motor 
vehicle which is used in connection with operations such as canning, 
freezing, packaging, or other processing operations will not be 
considered to be used directly in agricultural production.
    (C) Use of a highway motor vehicle in connection with planting, 
cultivation, caring for, cutting, etc., of trees. A highway motor 
vehicle is used directly for agricultural production if it is used in 
connection with planting, cultivating, caring for, or cutting of trees, 
or in connection with the preparation (other than milling) of trees for 
market; but only if such operations are incidental to farming 
operations. These farming operations include felling trees and cutting 
them into logs or firewood, but do not include sawing logs into lumber, 
chipping, or other milling operations. The operations specified in this 
paragraph (g)(2)(v)(C) will be considered ``incidental to farming 
operations'' only if they are of a minor nature in comparison with the 
total farming operations involved. Therefore, a treefarmer or 
timbergrower may not claim that a highway motor vehicle used in that 
trade or business is used directly in agricultural production.
    (D) Use of a highway motor vehicle in connection with the operation, 
management, conservation, improvement, or maintenance of a farm. A 
highway motor vehicle is used directly for agricultural production if it 
is used in connection with the operation, management, conservation, 
improvement, or maintenance of a farm and its tools and equipment. 
Examples of these operations include clearing land, repairing fences and 
farm buildings, building terraces or irrigation ditches, cleaning tools 
or farm machinery, painting, and other activities which contribute in 
any way to the conduct of a farm as such, as distinguished from any 
other enterprise in which the owner of the highway motor vehicle may be 
engaged.
    (3) Mileage on farm not counted toward 7,500 mile limit. For 
purposes of this section, the number of miles which a highway motor 
vehicle is driven on a farm and not on the public highways shall not be 
taken into account when determining whether the vehicle's mileage is in 
excess of 7,500 miles. Accurate records should be kept by taxpayers of 
the number of miles that a highway motor vehicle is operated on a farm.
    (h) Owner. For purposes of this section the term ``owner'' means, 
with respect to any highway motor vehicle, the person described in 
section 4481(b).

[T.D. 8027, 50 FR 21248, May 23, 1985]





Sec. 41.4483-4   Application of exemptions.

    Any exemption from the tax on the use of a highway motor vehicle has 
application only with respect to the use of such highway motor vehicle 
and not with respect to the highway motor vehicle as such. Furthermore, 
such exemption is subject to those provisions of paragraph (c) of 
Sec. 41.4481-1 relating to proration of the tax and to the effect of an 
exempt use of a highway motor vehicle after a taxable use has been made. 
Thus, if a taxable use is made of a highway motor vehicle at any time in 
a taxable period, the tax is imposed on the use of such vehicle for such 
taxable period, computed from the first day of the month in which such 
taxable use occurred, even though at some time in the same taxable 
period, before or after

[[Page 39]]

such taxable use occurred, the use of the vehicle may have been, or may 
be, exempt. For example, if a highway motor vehicle is operated 
exclusively by a State in the period July 1 through September 10 of a 
taxable period, use of such vehicle in such period is exempt from the 
tax. However, if a taxable use of the vehicle is made on September 11 of 
such taxable period, the tax imposed on the use of such vehicle for such 
taxable period is computed from September 1. On the other hand, if a 
taxable use of the vehicle is made at any time in July of the taxable 
period, the tax imposed on the use of such vehicle for such taxable 
period is computed from July 1, even though the vehicle may be operated 
exclusively by a State in every other month of such period.

[T.D. 6743, 29 FR 7931, June 23, 1964. Redesignated by T.D. 8027, 50 FR 
21248, May 23, 1985]





Sec. 41.4483-5  Termination of exemptions.

    The exemptions described in Secs. 41.4483-1 and 41.4483-2 shall not 
apply on and after October 1, 1993.

[T.D. 8027, 50 FR 21250, May 23, 1985, as amended by T.D. 8159, 52 FR 
33584, Sept. 4, 1987]





Sec. 41.4483-6  Reduction in tax for trucks used in logging.

    (a) In general. The tax imposed by section 4481 shall be reduced by 
25 percent in the case of a truck used in logging.
    (b) Truck used in logging. The term ``truck used in logging'' means 
any highway motor vehicle which--
    (1) Is used exclusively during the taxable period for the 
transportation, to and from a point located on a forested site, of 
products harvested from such forested site, and
    (2) Is registered (under the laws of the State or States in which 
such vehicle is required to be registered) as a highway motor vehicle 
used exclusively in the transportation of harvested forest products.

Products harvested from the forested site may include timber which has 
been processed for commercial use by sawing into lumber, chipping or 
other milling operations if such processing occurs prior to 
transportation from the forested site. A vehicle will be considered to 
be registered under the laws of a state as a highway motor vehicle used 
exclusively in the transportation of harvested forest products if such 
vehicle is so registered under a state statute or legally valid 
regulations. In addition, no special tag or license plate identifying a 
vehicle as being used in the transportation of harvested forest products 
is required.

[T.D. 8027, 50 FR 21250, May 23, 1985]





Sec. 41.4483-7  Reduction in tax for vehicles registered in a contiguous foreign country.

    (a) In general. In the case of a highway motor vehicle that, for any 
taxable period, has a base for registration purposes in a contiguous 
foreign country, the tax imposed by section 4481 for such taxable period 
shall be 75 percent of the tax that would be imposed but for this 
section. A highway motor vehicle has a base for registration purposes in 
a contiguous foreign country in any taxable period in which such vehicle 
is registered under the laws of a contiguous foreign country and such 
vehicle is not registered under the laws of any of the United States 
other than proportionately registered under a proration agreement (such 
as the International Registration Plan). A highway motor vehicle is not 
considered to have a base for registration purposes in a contiguous 
foreign country in any taxable period in which such vehicle is 
registered under the laws of any of the United States and such State is 
required under Sec. 41.6001-2(b) to receive proof of payment of the tax 
imposed by section 4481(a) with respect to such highway motor vehicle. 
For purposes of this paragraph (a), a highway motor vehicle that is 
allowed to operate in a State under a reciprocity agreement is not 
considered to be registered under the laws of that State.
    (b) Contiguous foreign country. The term ``contiguous foreign 
country'' means Canada or Mexico.

[T.D. 8159, 52 FR 33584, Sept. 4, 1987, as amended by T.D. 8177, 53 FR 
6626, Mar. 2, 1988]





Sec. 41.4484-1   Administrative provisions.

    For administrative provisions relating to the tax on the use of 
certain highway motor vehicles, see Subpart C

[[Page 40]]

of this part and the applicable sections of the regulations on procedure 
and administration (Part 301 of this chapter).



 Subpart C--Administrative Provisions of Special Application to Tax On 
                  Use of Certain Highway Motor Vehicles





Sec. 41.6001-1  Records.

    (a) Records to be kept. Every person in whose name a highway motor 
vehicle having a taxable gross weight of at least 55,000 pounds is 
registered or required to be registered at any time during the taxable 
period shall keep records sufficient to enable the district director to 
determine whether such person is liable for the tax and, if so, the 
amount thereof. See Sec. 41.4482(b)-1 for the definition of taxable 
gross weight. Such records shall show with respect to each such vehicle:
    (1) A description of the vehicle (including serial number or 
manufacturer's number) in sufficient detail to permit positive 
identification of the vehicle.
    (2) The weight of the loads carried by the vehicle in such form as 
is required under the laws of any State in which the vehicle is 
registered or required to be registered, in order to permit verification 
of such vehicle's taxable gross weight.
    (3) In the case of any such vehicle acquired after June 30, 1956, 
the date on which such person acquired such vehicle and the name and 
address of the person from whom the vehicle was acquired.
    (4) The first month of each taxable period in which occurred a 
taxable use of each such vehicle while the vehicle was registered in the 
name of such person; information showing whether such vehicle was 
operated, while registered in the name of such person, in any prior 
month in such taxable period; and if such vehicle was so operated, 
evidence establishing that such operation was not a taxable use.
    (5) The date of sale or other transfer to another of any such 
vehicle, together with the name and address of the person to whom 
transferred.
    (6) In the case of any such vehicle disposed of otherwise than by 
sale or other transfer (including disposition by theft or destruction 
for taxable periods after June 30, 1984), the date and method of 
disposition of the vehicle.
    (7) In the case of a secondhand highway motor vehicle acquired at 
any time in the taxable period, evidence showing whether there was a 
prior taxable use in such taxable period of the highway motor vehicle 
(see paragraph (b) of Sec. 41.4481-2) or, for taxable periods after June 
30, 1984, whether there was a suspension of tax in effect (see 
Sec. 41.4483-3). For filing requirements of purchaser of second-hand 
vehicle, see paragraph (b) of Sec. 41.6011(a)-1.
    (8) A copy of each return, schedule, statement, or other document 
filed, pursuant to the regulations in this part or in accordance with 
the instructions applicable to any form prescribed thereunder, by the 
person required to keep such records.
    (b) Transit systems. Every person engaged in the operation of a 
transit system who claims exemption from tax with respect to a transit-
type bus shall keep records sufficient to show, with respect to each 
taxable period, whether he meets the 60-percent passenger fare revenue 
test (see paragraph (e) of Sec. 41.4483-2) for the period prescribed as 
the test period (see paragraph (c) of Sec. 41.4483-2) for such system 
for such taxable period.
    (c) Exemption for vehicles used 5,000 miles or less. The owner of a 
highway motor vehicle who reasonably expects the vehicle to be exempt 
from the tax under section 4481(a) by reason of Sec. 41.4483-3(c) for a 
given taxable period shall keep records which indicate the reason that 
the use of the vehicle is not expected to exceed 5,000 miles on public 
highways.
    (d) Records of claimants. Any person claiming refund, credit, or 
abatement of the tax, interest, additional amount, addition to the tax, 
or assessable penalty, shall keep a complete and detailed record with 
respect to the claim.
    (e) Place and period for keeping records. (1) All records required 
by the regulations in this part shall be kept, by the person required to 
keep them, at a convenient and safe location within the United States 
which is accessible to internal revenue officers. Such records shall at 
all times be available for inspection by such officers. If such

[[Page 41]]

person has a principal place of business in the United States, the 
records shall be kept at such place of business.
    (2) Records required by paragraph (a) of this section shall be 
maintained for a period of at least 3 years after the date the tax 
becomes due or the date the tax is paid, whichever is the later. Records 
required by paragraphs (b) and (c) of this section shall be maintained 
for a period of at least 3 years after the end of the taxable period for 
which such exemption applies. Records required by paragraph (d) of this 
section (including any record required by paragraphs (a), (b), or (c) of 
this section which relates to a claim) shall be maintained for a period 
of at least 3 years after the date the claim is filed.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7932, June 23, 1964; T.D. 8027, 50 FR 21250, May 23, 1985]





Sec. 41.6001-2  Proof of payment for state registration purposes.

    (a) In general. This section sets forth the circumstances under 
which a State must require proof of payment of the tax imposed by 
section 4481(a), and the required manner in which such proof of payment 
is to be received by the State as a condition of issuing a registration 
for a highway motor vehicle. A State must either comply with the 
provisions of this section or, in the alternative, comply with such 
other rules regarding the satisfaction of this proof of payment 
requirement as may be prescribed by the Commissioner (by Revenue 
Procedure or otherwise), in order to avoid a reduction of Federal-aid 
highway funds apportioned under 23 U.S.C. 104(b)(5). The rules of this 
section apply to highway motor vehicles for which applications for 
registration are received by a State on or after October 1, 1985. For 
purposes of this section, an application for registration which is 
mailed will be considered to be received by a State on the date on which 
it is postmarked.
    (b) Proof of payment required--(1) In general. A State to which an 
application is made to register a highway motor vehicle must receive 
from the registrant proof of payment of the tax imposed by section 
4481(a) (or proof of suspension of such tax under Sec. 41.4483-3) unless 
otherwise provided in this paragraph (b)(1), or paragraph (b)(2) or (5) 
of this section. See paragraph (c) of this section for the meaning of 
``proof of payment''. Such proof of payment must be received by the 
State before the State issues a registration for such vehicle unless the 
State is using a system of registration provided in paragraph (b)(3) of 
this section. The term ``proof of payment'', when used in this section, 
shall be considered to refer in appropriate cases to proof of suspension 
of the tax imposed by section 4481(a). Except as provided in paragraph 
(b)(4) of this section, any proof of payment presented to a State must 
relate to tax paid (or suspended under Sec. 41.4483-3) for the taxable 
period which includes the date that the State receives the application 
for registration. A ``base state'' must be presented proof of payment 
when issuing an ``apportioned plate'' under the International 
Registration Plan (IRP) (or similar agreement) for a highway motor 
vehicle, but no proof of payment of the tax imposed by section 4481(a) 
is required to be presented to the other states for which the vehicle is 
proportionally registered and which are listed on the IRP cab card 
issued by the base state. Further, a State is not required to receive 
proof of payment in order to issue special temporary travel permits 
which allow a vehicle to, (i) operate in a State in which the vehicle is 
not registered (including proportional or prorate registration), (ii) 
operate at more than the State's maximum statutory weight limit, or 
(iii) operate at more than the weight that the vehicle is registered in 
a State. Further, a State may register a highway motor vehicle without 
proof of payment if the person registering the vehicle presents the 
original or a photocopy of a bill of sale (or other document evidencing 
transfer) indicating that the vehicle was purchased by the owner either 
as a new or used vehicle during the preceding 60 days before the date 
that the State receives the application for registration of such 
vehicle.
    (2) States required to receive proof of payment with respect to 
vehicles subject to tax--(i) Registration in States that register 
vehicles on the basis of gross weight. A State that registers vehicles 
on the basis of gross weight must require proof of payment with respect 
to any

[[Page 42]]

highway motor vehicle that has a declared gross weight in that State of 
55,000 pounds or more. If no declaration of a specific gross weight is 
made with respect to a highway motor vehicle registered on the basis of 
gross weight, then the State must require proof of payment with respect 
to such vehicle if the minimum weight of the registered weight category 
for such vehicle is 55,000 pounds or more. No such proof of payment is 
required for any vehicle that does not have a declared gross weight in 
that State of 55,000 pounds or more.
    (ii) Registration in States that register vehicles other than on the 
basis of gross weight. A State that registers vehicles other than on the 
basis of gross weight must require proof of payment in order to register 
a highway motor vehicle unless the State receives a written statement 
stating that during the taxable period which includes the date on which 
the State receives the application for registration, such vehicle had a 
taxable gross weight of less than 55,000 pounds. The written statement 
must state the number of vehicles being registered that have a taxable 
gross weight of less than 55,000 pounds and must be signed by the person 
registering the vehicles. A State may register a highway motor vehicle 
without receiving either proof of payment or a written statement as 
described above if such vehicle has an unladen weight of 8,000 pounds or 
less. However, the State must require proof of payment when issuing a 
``base plate'' registration for a vehicle if a gross weight declaration 
of 55,000 pounds or more is made to the State with respect to such 
vehicle in order to proportionally register the vehicle in another State 
under the IRP.
    (iii) State may require additional proof. Nothing contained in this 
section shall prohibit a State from refusing to register a highway motor 
vehicle without additional proof that the vehicle is not subject to tax 
under section 4481(a) even though the person registering the vehicle 
submits a written statement declaring that the taxable gross weight of 
such vehicle is less than 55,000 pounds.
    (3) Suspension registration system. A State may issue a registration 
with respect to any or all highway motor vehicles subject to tax under 
section 4481(a) without receiving proof of payment if such vehicles are 
registered under a ``suspension'' registration system. Registration of a 
vehicle subject to tax under a suspension system must be on the 
condition that, (i) the State receive proof of payment with respect to 
such vehicle no later than 4 months (or any lesser time to be determined 
by the State) after the beginning of the vehicle's registration period, 
and (ii) the State's system provides for the automatic suspension (e.g. 
through the use of computer-generated notices) of such vehicle's 
registration if no proof of payment is received within the required 
time. Following such a suspension of registration, the State must not 
allow the vehicle to be registered until valid proof of payment is 
received. A State may either register all vehicles subject to tax under 
section 4481(a) in the manner described in this paragraph (b)(3) or 
adopt this manner of registration only in situations which the State 
deems appropriate. A State that registers vehicles other than on the 
basis of gross weight may also register vehicles not subject to tax 
under a suspension registration system for purposes of receiving the 
written statement described in paragraph (b)(2)(ii).
    (4) Registration during certain months. In the case of a highway 
motor vehicle subject to tax under section 4481(a) for which a State 
receives an application for registration during the months of July, 
August or September, proof of payment for the immediately preceding 
taxable period may be used to verify payment of the tax imposed by 
section 4481(a).
    (5) Registration in a State several times during the taxable period. 
A State is required to receive proof of payment with respect to a 
highway motor vehicle subject to tax under section 4481(a) only once 
during a taxable period. Thus, in the case of a State that allows a 
highway motor vehicle to be registered on a quarterly basis, rather than 
annually, proof of payment will be required to be presented to the State 
only once during the taxable period. The State may designate any one of 
the four quarterly registration periods as the time for submitting proof 
of payment.

[[Page 43]]

    (6) Proof of payment records. See 23 CFR Part 669 for a description 
of the supporting documentation and records that will be required by the 
Federal Highway Administration (FHWA) in order to allow the FHWA to 
verify that the State is in compliance with the rules of this section.
    (c) Proof of payment--(1) In general. (i) The proof of payment 
required in paragraph (b) of this section shall consist of a receipted 
Schedule 1 (Form 2290) that is returned by the Internal Revenue Service 
to a taxpayer who files a return of tax under section 4481(a) and pays 
the amount of tax (or installment thereof) due with such return. A 
photocopy of such receipted Schedule 1 shall also serve as proof of 
payment. Such Schedule 1 shall serve as proof of suspension of such tax 
under Sec. 41.4483-3 for the number of vehicles entered in that part of 
the Schedule 1 designated for vehicles for which tax has been suspended. 
Except as provided in paragraph (c)(1)(ii) of this section, the vehicle 
identification number of the vehicle being registered must appear on the 
Schedule 1 (or an attached page) in order for the Schedule 1 to be a 
valid proof of payment for such vehicle.
    (ii) If a receipted Schedule 1 is submitted as proof of payment for 
the registration of one or more highway motor vehicles and--
    (A) (1) The total of the number of vehicles on such Schedule 1 for 
which tax has not been suspended under Sec. 41.4483-3 exceeds 21, or
    (2) The total of the number of vehicles on such Schedule 1 for which 
tax has been suspended under Sec. 41.4483-3 exceeds 9, and
    (B) The name of the taxpayer appearing on such Schedule 1 is one of 
the names in which such vehicles are sought to be registered,

such Schedule 1 shall be accepted as proof of payment in support of the 
registration of a number of vehicles equal to or less than such total 
and a list of the vehicles (or their vehicle identification numbers) is 
not required as part of such proof of payment.
    (iii) If a Schedule 1 which does not include a list of vehicle 
identification numbers is submitted as proof of payment for the 
registration of one or more highway motor vehicles and the name of the 
taxpayer appearing on such Schedule 1 is not one of the names in which 
such vehicles are sought to be registered then such Schedule 1 shall be 
accepted as proof of payment in support of the registration of a number 
of vehicles equal to or less than the total number of vehicles on such 
Schedule 1 provided the Schedule 1 is accompanied by a written statement 
executed by the taxpayer. Such written statement shall contain the 
vehicle identification numbers of the vehicles sought to be registered 
and a statement that the tax under section 4481(a) has been paid with 
respect to such vehicles for the taxable period. The statement must be 
signed by the taxpayer whose name appears on the Schedule 1.
    (2) Acceptable substitute for receipted Schedule 1. For purposes of 
this section, a State shall accept as proof of payment a photocopy of 
the Form 2290 (with the Schedule 1 attached) which was filed with the 
Internal Revenue Service for the vehicle being registered with 
sufficient documentation of payment of tax due at the time the Form 2290 
was filed (such as a photocopy of both sides of a cancelled check). This 
substitute proof of payment may be used to register a vehicle when, for 
example, the receipted Schedule 1 has been lost, or when at the time 
required for registration of a vehicle, a receipted Schedule 1 has not 
been received by a taxpayer who has filed a Form 2290 with respect to 
such vehicle. The rules of paragraph (c)(1)(ii) of this section 
regarding the circumstances in which a list of vehicle identification 
numbers is not required as part of a valid proof of payment, apply to a 
non-receipted Schedule 1 received by a State with a Form 2290 as a 
substitute proof of payment under this paragraph (c)(2).
    (d) Examples. The application of this section may be illustrated by 
the following examples:

    Example (1). A applies to register a 3-axle single unit truck in 
State R, a member of the International Registration Plan, on November 1, 
1985. State R registers vehicles based on unladen weight. At the same 
time, A applies for a proportional registration under the IRP to use the 
truck in State S. State S does not register vehicles on the basis of 
unladen weight. For purposes of the

[[Page 44]]

proportional registration in State S, A declares the gross weight of his 
truck at 50,000 pounds. A does not register the truck in any other 
states. A's truck has a taxable gross weight, as determined under 
Sec. 41.4482(b)-1(e), of less than 55,000 pounds and therefore is not 
subject to tax under section 4481(a). A submits a written statement 
along with his application for registration in State R. The written 
statement states that A's vehicle has a taxable gross weight of less 
than 55,000 pounds and is signed by A. State R may register A's truck 
and issue a proportional registration for A to use his truck in State S 
without receiving proof of payment.
    Example (2). Assume the same facts as in example (1) except that A 
applies for proportional registration under the IRP in State S and 
declares the truck to have a gross weight of 60,000 pounds. The taxable 
gross weight of A's truck, as determined under Sec. 41.4482(b)-1(e) is 
60,000 pounds. State R may not register A's truck unless it receives 
proof of payment within the meaning of paragraph (c) of this section.
    Example (3). On October 10, 1985, C applies to register 9 vehicles 
in State U and declares the gross weight of each vehicle to be 70,000 
pounds. C has not applied for registration in any other states. At the 
time of applying for registration, C presents a photocopy of a receipted 
Schedule 1 (Form 2290) that shows a total of 9 vehicles which are 
subject to tax under section 4481(a) and for which tax is not suspended 
under Sec. 41.4483-3(a). The vehicle identification numbers of the 
vehicles that C is seeking to register must be listed on the Schedule 1 
in order for State U to register the vehicles.
    Example (4). On November 10, 1985, B applies to register 10 vehicles 
in State T jointly in the names of B and F (a fleet operator) and 
declares each to have a gross weight of 70,000 pounds. B submits along 
with the registration application, a photocopy of a receipted Schedule 1 
(Form 2290) that shows a total of 100 vehicles which are subject to tax 
under section 4481(a). F is the taxpayer named on the Schedule 1. No 
vehicle identification numbers are listed on the Schedule 1 and no list 
of such numbers is attached. State T may consider the Schedule 1 as 
proper proof of payment under paragraph (c)(1)(ii) of this section and 
may register B's vehicles.

[T.D. 8027, 50 FR 21251, May 23, 1985]





Sec. 41.6001-3  Proof of payment for entry into the United States.

    (a) In general. (1) Except as otherwise provided in paragraph (a)(2) 
of this section, proof of payment of the tax imposed by section 4481(a) 
must be presented to United States Customs officials with respect to any 
highway motor vehicle subject to the tax imposed by section 4481(a) that 
has a base for registration purposes in a contiguous foreign country 
upon entry of such vehicle into the United States during any taxable 
period to which this section applies. Such proof of payment must relate 
to tax paid (or suspended under Sec. 41.4483-3) for the taxable period 
that includes the date of entry into the United States. See paragraph 
(c) of this section for the definition of the term ``proof of payment.''
    (2) No proof of payment is required upon entry of a highway motor 
vehicle described in paragraph (a)(1) of this section into the United 
States if, as of the date of such entry, the period of time for filing a 
return of the tax imposed on such vehicle by section 4481(a) for the 
taxable period that includes the date of such entry has not expired and 
a written declaration is presented to United States Customs officials. 
Such declaration must state that, as of the date of such entry, the 
period of time for filing a return of the tax imposed on such vehicle by 
section 4481(a) for the taxable period that includes the date of such 
entry has not expired. The written declaration must include (i) the 
name, address, and taxpayer identification number of the person liable 
under Sec. 41.4481-2 for the tax imposed on such vehicle; (ii) the 
vehicle identification number of such vehicle; (iii) the date on which 
such vehicle was first used on the public highways in the United States 
during the taxable period (or a statement that the current entry is the 
first use on the public highways in the United States during the taxable 
period); (iv) an acknowledgment by the person liable for the tax imposed 
on such vehicle that the willful use of the declaration to evade or 
defeat the tax otherwise applicable under section 4481(a) will subject 
such person to a fine or imprisonment or both; and (v) the signature of 
the person liable for the tax imposed on such vehicle. A copy of the 
written declaration shall be retained in the records of the person 
liable for the tax imposed on such vehicle under the rules of 
Sec. 41.6001-1. See Sec. 41.6071(a)-1 for rules regarding the time for 
filing a return of the tax imposed by section 4481(a).

[[Page 45]]

    (b) Failure to provide proof of payment. If, upon attempting to 
enter the United States, the operator of a highway motor vehicle 
described in paragraph (a) of this section is unable to present proof of 
payment of the tax imposed by section 4481(a), or documentation 
described in paragraph (a)(2) of this section, with respect to such 
vehicle, then such vehicle may be denied entry into the United States.
    (c) Proof of payment--(1) In general. For purposes of this section, 
the proof of payment required in paragraph (a) of this section shall 
consist of a receipted Schedule 1 (Form 2290) that is returned by the 
Internal Revenue Service to a taxpayer that files a return of tax under 
section 4481(a) and pays the amount of tax (or installment thereof) due 
with such return. A photocopy of such receipted Schedule 1 shall also 
serve as proof of payment. Such proof of payment shall also serve as 
proof or suspension of the tax under Sec. 41.4483-3 for the number of 
vehicles entered in that part of the Schedule 1 designated for vehicles 
for which tax has been suspended. The vehicle identification number of 
any vehicle for which a return is being filed, whether tax is being paid 
with respect to such vehicle or tax is suspended on such vehicle, must 
appear on the Schedule 1 (or an attached page) in order for the Schedule 
1 to be a valid proof of payment for such vehicle.
    (2) Acceptable substitute for receipted Schedule 1. For purposes of 
this section, a photocopy of the Form 2290 (with the Schedule 1 
attached) that is filed with the Internal Revenue Service for a vehicle 
being entered into the United States with sufficient documentation of 
payment of tax due at the time the Form 2290 is filed (such as a 
photocopy of both sides of a cancelled check) shall be accepted as proof 
of payment. No documentation of payment of tax is required with the 
substitute proof of payment if at the time the Form 2290 is filed the 
tax imposed by section 4481(a) is suspended under Sec. 41.4483-3 with 
respect to the vehicle entering the United States. This substitute proof 
of payment may be used to enter a vehicle into the United States when, 
for example, the receipted Schedule 1 has been lost, or if the taxpayer 
that filed a Form 2290 with respect to such vehicle has not received a 
receipted Schedule 1 at the time such vehicle enters the United States.
    (d) Taxable periods to which this section applies. This section 
shall apply to any taxable period beginning on or after July 1, 1987.

[T.D. 8159, 52 FR 33585, Sept. 4, 1987, as amended by T.D. 8177, 53 FR 
6626, Mar. 2, 1988]





Sec. 41.6011(a)-1   Returns.

    (a) Every person in whose name a highway motor vehicle is registered 
at the time of the first taxable use of such vehicle in any taxable 
period shall make a return of the tax on the use of such vehicle for 
such taxable period. Such return shall be made on Form 2290.
    (b) Every person (other than a person required under paragraph (a) 
of this section to make a return) in whose name any highway motor 
vehicle is registered at a time during the taxable period when a taxable 
use of such vehicle occurs shall make a return of the tax on the use of 
such vehicle for such taxable period on Form 2290 if the district 
director notifies such person that such tax has not been paid in full. 
The amount to be reported as tax on such return with respect to the use 
of such vehicle shall be the unpaid portion of the tax on the use of 
such vehicle for such taxable period, measured from the first day of the 
month in which occurred the first taxable use of such vehicle in such 
taxable period. The district director shall advise such person of the 
amount of such unpaid tax. For provisions relating to the highway use 
tax liability for a taxable period of each person, where more than one 
person is liable for such tax, see Sec. 41.4481-2. For provisions 
relating to the payment of tax in installments, see Sec. 41.6156-1.
    (c) Each return shall be made in accordance with the instructions 
and regulations applicable thereto.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7932, June 23, 1964]

[[Page 46]]





Sec. 41.6071(a)-1   Time for filing returns.

    (a) Use after June 1956 and before July 1957. Except as otherwise 
provided in paragraph (c) of this section:
    (1) In the case of any highway motor vehicle the first taxable use 
of which occurs after June 1956 and before December 1956, the person in 
whose name the vehicle is registered at the time of such use shall, 
after November 1956 and on or before January 31, 1957, make a return of 
the tax on the use of such vehicle for the taxable year ending June 30, 
1957; and
    (2) In the case of any highway motor vehicle the first taxable use 
of which occurs in a month after November 1956 and before July 1957, the 
person in whose name the vehicle is registered at the time of such use 
shall, after such month and on or before the last day of the following 
month, make a return of the tax on the use of such vehicle for the 
taxable year ending June 30, 1957.
    (b) Use after June 1957. Except as otherwise provided in paragraph 
(c) of this section:
    (1) In the case of any highway motor vehicle the first taxable use 
of which in any taxable period beginning on or after July 1, 1957, 
occurs in July of such taxable period, the person in whose name such 
vehicle is registered at the time of such use shall, after July and on 
or before August 31 of such taxable period, make a return of the tax on 
the use of such vehicle for such taxable period.
    (2) In the case of any highway motor vehicle the first taxable use 
of which in any taxable period beginning on or after July 1, 1957, 
occurs in a month of such taxable period after July, the person in whose 
name the vehicle is registered at the time of such use shall, after such 
month and on or before the last day of the following month, make a 
return of the tax on the use of such vehicle for such taxable period.
    (c) Certain transit-type buses. In the case of any bus of the 
transit type, the first taxable use of which in any taxable period 
occurs prior to the close of the test period (see paragraph (c) of 
Sec. 41.4483-2) with reference to which liability for the tax on the use 
of such transit-type bus for such taxable period is determined, the 
person in whose name the bus is registered at the time of such use 
shall, after such test period and on or before the last day of the 
following month (but in no event earlier than the time prescribed in 
paragraph (a)(1) of this section for filing a return) make a return of 
such tax for such taxable period on the use of such transit-type bus.
    (d) Prior taxable use. Every person who, pursuant to paragraph (b) 
of Sec. 41.6011(a)-1, is required to make a return of the tax on the use 
of any highway motor vehicle for any taxable period shall make such 
return on or before the last day of the month following the month in 
which such person is notified by the district director that such return 
is required.
    (e) Combined return. In the case of any person who, pursuant to 
paragraph (a), (b), or (c) of this section, is required to report the 
tax on the use of two or more highway motor vehicles within a prescribed 
time after the close of a particular month, such person shall report the 
tax for the taxable period on the use of all such vehicles in a single 
return.
    (f) Delinquent returns. For additions to the tax in case of failure 
to file return within the prescribed time, see section 6651 and the 
regulations thereunder.

[T.D. 6216, 21 FR 9645, Dec. 6, 1956, as amended by T.D. 6743, 29 FR 
7932, June 23, 1964]





Sec. 41.6081(a)-1   Extension of time for filing returns.

    District directors may, upon application of the taxpayer, grant a 
reasonable extension of time (not to exceed 60 days) in which to file 
the return. Application for an extension of time for filing the return 
should be addressed to the district director for the district in which 
the taxpayer files his returns and must contain a full recital of the 
causes for the delay. For extensions of time for payment of the tax, see 
Sec. 41.6161(a)(1)-1.





Sec. 41.6091-1   Place for filing returns.

    (a) Persons other than corporations. Each return of a person other 
than a corporation shall be filed with the district director for the 
internal revenue district in which is located the principal place of 
business or legal residence of such person. If the person has

[[Page 47]]

no principal place of business or legal residence in any internal 
revenue district, the return shall be filed with the Internal Revenue 
Service Center, Philadelphia, PA.
    (b) Corporations. Each return of a corporation shall be filed with 
the district director for the district in which is located the principal 
place of business or principal office or agency of the corporation. If a 
corporation has no principal place of business or principal office or 
agency in any internal revenue district, the return shall be filed with 
the Internal Revenue Service Center, Philadelphia, PA.

[T.D. 6743, 29 FR 7932, June 23, 1964, as amended by T.D. 8159, 52 FR 
33585, Sept. 4, 1987]





Sec. 41.6101-1   Period covered by returns.

    Each return shall cover a taxable period as defined by paragraph (b) 
of Sec. 41.4482(c)-1.

[T.D. 6743, 29 FR 7933, June 23, 1964]





Sec. 41.6109-1   Employer identification numbers.

    (a) Requirement of application--(1) In general. An application on 
Form SS-4 for an employer identification number shall be made by every 
person in whose name a highway motor vehicle is registered at a time, 
after September 30, 1962, when a taxable use of such vehicle occurs, but 
who prior to such time neither has been assigned an employer 
identification number nor has applied therefor. The application, 
together with any supplementary statement, shall be prepared in 
accordance with the form, instructions, and regulations applicable 
thereto, and shall set forth fully and clearly the data therein called 
for Form SS-4 may be obtained from any district director or director of 
a service center. The application shall be filed with the internal 
revenue officer designated in the instructions applicable to Form SS-4. 
The application shall be signed by (i) the individual, if the person is 
an individual; (ii) the president, vice president, or other principal 
officer, if the person is a corporation; (iii) a responsible and duly 
authorized member or officer having knowledge of its affairs, if the 
person is a partnership or other unincorporated organization; or (iv) 
the fiduciary, if the person is a trust or estate. An employer 
identification number will be assigned to the person in due course upon 
the basis of information reported on the application required under this 
section.
    (2) Time for filing Form SS-4. The application for an employer 
identification number shall be filed on or before the seventh day after 
the date of the first taxable use, after September 30, 1962, of a 
highway motor vehicle which is registered in the name of the person who 
is required to make the application.
    (b) Use of employer identification number. The employer 
identification number assigned to a person liable for the tax imposed by 
section 4481 shall be shown in any return, statement, or other document 
made by such person for any period commencing after June 30, 1963.
    (c) Cross references. For the definition of the term ``employer 
identification number'', see Sec. 301.7701-12 of this chapter 
(Regulations on Procedure and Administration). For provisions relating 
to the penalty for failure to include the employer identification number 
in a return, statement, or other document, see Sec. 301.6676-1 of this 
chapter (Regulations on Procedure and Administration).

[T.D. 6606, 27 FR 8518, Aug. 25, 1962, as amended by T.D. 7012, 34 FR 
7695, May 15, 1969]





Sec. 41.6151(a)-1   Time and place for paying tax.

    The tax imposed by Sec. 41.4481-1 required to be reported on any 
return is due and payable to the district director with whom the return 
is required to be filed. Such tax shall be paid in full at the time 
prescribed in Sec. 41.6071(a)-1 for filing the return, unless the person 
required to file the return elects to pay the tax shown on the return in 
installments. For provisions relating to payment of tax in installments, 
see Sec. 41.6156-1. For provisions relating to interest on 
underpayments, see the regulations under section 6601 in Part 301 of 
this chapter (Regulations on Procedure and Administration). For 
provisions relating to credits and refunds, see Secs. 301.6402-1, 
301.6402-2, and 301.6402-

[[Page 48]]

4 of this chapter (Regulations on Procedure and Administration). For 
provisions relating to abatements, see Sec. 301.6404-1 of this chapter 
(Regulations on Procedure and Administration). For provisions relating 
to limitations on credits or refunds, see Secs. 301.6511(a)-1 and 
301.6511(b)-1 of this chapter (Regulations on Procedure and 
Administration).

[T.D. 6743, 29 FR 7933, June 23, 1964]





Sec. 41.6156-1   Installment payments of tax on use of highway motor vehicle.

    (a) Privilege to pay tax in installments. Except as provided in 
paragraph (f) of this section, the liability shown on each return on 
Form 2290 may be paid in equal installments, rather than by a single 
payment if the return is timely filed and the person filing the return 
elects in the return, in accordance with the instructions contained 
therein, to pay the tax in installments. For the tax liabilities of the 
parties to a transfer, where a vehicle has been transferred during the 
taxable period and there has been an election to pay tax in 
installments, see Sec. 41.4481-2.
    (b) Dates for paying installments. In the case of any tax payable in 
installments by reason of the election described in paragraph (a) of 
this section, the installments must be paid in accordance with the 
following table:

----------------------------------------------------------------------------------------------------------------
                                   1st install-ment                                            4th install-ment 
  If the liability was incurred      is due on or     2d install-ment is  3d install-ment is     is due on or   
              in--                  before the last    due on or before    due on or before     before the last 
                                       day of--        the last day of--   the last day of--       day of--     
----------------------------------------------------------------------------------------------------------------
July............................  Aug...............  Dec...............  Mar...............  June              
Aug.............................  Sept..............  ......do..........  ......do..........  Do.               
Sept............................  Oct...............  ......do..........  ......do..........  Do.               
Oct.............................  Nov...............  Mar...............  June..............                    
Nov.............................  Dec...............  ......do..........  ......do..........                    
Dec.............................  Jan...............  ......do..........  ......do..........                    
Jan.............................  Feb...............  June..............  ..................                    
Feb.............................  Mar...............  ......do..........  ..................                    
Mar.............................  Apr...............  ......do..........  ..................                    
----------------------------------------------------------------------------------------------------------------

    (c) Proration of additional tax to installments. If an election has 
been made under paragraph (a) of this section to pay the tax imposed by 
section 4481 in installments, and additional tax is assessed on a return 
for such tax before the date prescribed for payment of the last 
installment, the additional tax shall be prorated equally to all the 
installments, whether paid or unpaid. That part of the additional tax so 
prorated to any installment which is not yet due shall be collected at 
the same time and as part of such installment. The part of the 
additional tax so prorated to any installment, the date for payment of 
which has arrived, shall be paid upon notice and demand from the 
district director.
    (d) Acceleration of payment. If any person elects under the 
provisions of this section to pay the tax in installments, any 
installment may be paid prior to the date prescribed for its payment. If 
an installment is not paid in full on or before the date fixed for its 
payment, the whole amount of the unpaid tax shall be paid upon notice 
and demand from the district director.
    (e) Interest in respect of installment payments. Interest on an 
underpayment of an installment accrues from the due date for the 
installment. Where the installment privilege has been terminated and the 
time for payment of remaining installments has been accelerated by the 
issuance of a notice and demand, interest on these installments accrues 
from the date of such notice and demand. Interest on additional tax 
prorated as described in paragraph (c) of this section accrues from the 
date prescribed for the payment of the first installment. For provisions 
generally applicable to interest on delinquent taxes and installment 
payments, see section 6601 and Sec. 301.6601-1 of this chapter 
(Regulations on Procedure and Administration).
    (f) Liabilities to which election does not apply. The privilege to 
pay tax in installments provided by section 6156, shall not apply to any 
liability for tax incurred in
    (1) Any taxable period ending prior to July 1, 1961, and
    (2) April, May, or June of any taxable period one year in length, or
    (3) July, August, or September of a taxable period less than one 
year in length.
    (g) Cross references. For provisions relating to overpayment of 
installments, see Sec. 301.6403-1 of this chapter (Regulations on 
Procedure and Administration).

[T.D. 7409, 41 FR 9877, Mar. 8, 1976, as amended by T.D. 7505, 42 FR 
42856, Aug. 25, 1977]

[[Page 49]]





Sec. 41.6161(a)(1)-1   Extension of time for paying tax.

    If it is shown to the satisfaction of the district director that the 
payment of the tax upon the date prescribed for the payment thereof will 
result in undue hardship to the taxpayer, the district director, at the 
request of the taxpayer, may grant an extension of time (not to exceed 
60 days) for the payment of such tax.





Sec. 41.6302(b)-1   Method of collection.

    For provisions relating to collection of the tax by means of 
returns, see Sec. 41.6011(a)-1.





Sec. 41.7805-1   Promulgation of regulations.

    In pursuance of section 7805 of the Internal Revenue Code of 1954, 
the foregoing regulations are hereby prescribed. (See Sec. 41.0-3 
relating to the scope of the regulations.)



PART 43--EXCISE TAX ON TRANSPORTATION BY WATER--Table of Contents






Sec.
43.0-1  Introduction.
43.4471-1  Imposition of tax.
43.4472-1  Definitions.

    Authority: 26 U.S.C. 7805.

    Source: T.D. 8314, 55 FR 41520, Oct. 12, 1990, unless otherwise 
noted.





Sec. 43.0-1  Introduction.

    The regulations in this part 43 are designated ``Excise Tax on 
Transportation by Water.'' The regulations relate to the taxes on 
transportation by water imposed by section 4471 of the Internal Revenue 
Code. See part 40 of this chapter for regulations relating to returns, 
payments, and deposits of taxes imposed by section 4471.

[T.D. 8442, 57 FR 48185, Oct. 22, 1992]





Sec. 43.4471-1  Imposition of tax.

    (a) In general. Section 4471 imposes a tax of $3 per passenger on a 
covered voyage as is defined in section 4472.
    (b) By whom paid. The tax is imposed on the person providing the 
covered voyage (the operator of the vessel).

[T.D. 8314, 55 FR 41520, Oct. 12, 1990. Redesignated by T.D. 8422, 57 FR 
33636, July 30, 1992]





Sec. 43.4472-1  Definitions.

    (a) In general. For definitions of the terms ``covered voyage'' and 
``passenger vessel,'' see sections 4472 (1) and (2).
    (b) Voyage. For purposes of this section, ``voyage'' means a journey 
of a vessel that includes the outward and homeward trips or passages. 
The voyage commences when the vessel begins to load passengers and 
continues during the entire ensuing period until the vessel has made one 
outward and one homeward passage (including intermediate passages, if 
made). A voyage may be a covered voyage with respect to a passenger even 
if the passenger does not make both an outward and homeward passage or 
if the point of first embarkation or disembarkation by the passenger in 
the United States is an intermediate stop of the vessel.
    (c) Over 1 or more nights. A voyage is considered to extend over 1 
or more nights if it extends for more than 24 hours.
    (d) Engaged in gambling. A passenger is engaged in gambling aboard a 
vessel if that person is participating as a player in any policy game or 
other lottery, or any other game of chance, for money or other thing of 
value, provided that the policy game, other lottery, or game of chance 
is conducted, sponsored, or operated by the owner or operator of the 
vessel, as either principal or agent, or by an employee, agent, or 
franchisee of the owner or operator of the vessel. A passenger is not 
engaged in gambling aboard a vessel if the passenger participates with 
other passengers in a casual, ``friendly'' game of chance that is not 
conducted, sponsored, or operated by the owner or operator of the vessel 
or by an employee, agent, or franchisee of the owner or operator.
    (e) Territorial waters. For purposes of sections 4471 and 4472, the 
territorial waters of the United States are those waters within the 
international boundary line between the United States and any contiguous 
foreign country or within 3 nautical miles (3.45 statute miles) from low 
tide on the coastline. No inference is intended as to the extent of the 
territorial limits for other tax purposes.

[[Page 50]]

    (f) Passenger. For purposes of sections 4471 and 4472, ``passenger'' 
means an individual carried on the vessel except--
    (1) The Master; or
    (2) A crew member or other individual engaged in the business of the 
vessel or its owners. A person is engaged in the business of the vessel 
or its owners if the person is an employee of the vessel or her owners 
or has a duty, contractual or otherwise, to perform on the vessel on 
behalf of the vessel or its owners. For example, a person engaged as an 
entertainer, instructor, or lecturer for the benefit of the passengers 
is not a passenger, but a person on a promotional trip such as a travel 
agent or contest winner is a passenger even though the vessel or its 
owners may derive some future benefit from the promotion.

[T.D. 8422, 57 FR 33636, July 30, 1992; 57 FR 45713, Oct. 5, 1992]



PART 44--TAXES ON WAGERING; EFFECTIVE JANUARY 1, 1955--Table of Contents






                         Subpart A--Introduction

Sec.
44.0-1  Introduction.
44.0-2  General definitions and use of terms.
44.0-3  Scope of regulations.
44.0-4  Extent to which the regulations in this part supersede prior 
          regulations.

                        Subpart B--Tax on Wagers

44.4401-1  Imposition of tax.
44.4401-2  Person liable for tax.
44.4401-3  When tax attaches.
44.4402-1  Exemptions.
44.4403-1  Daily record.
44.4404-1  Territorial extent.

                       Subpart C--Occupational Tax

44.4411-1  Imposition of tax.
44.4412-1  Registration.
44.4413-1  Certain provisions made applicable.

 Subpart D--Miscellaneous and General Provisions Applicable to Taxes on 
                                Wagering

                        Miscellaneous Provisions

44.4421-1  Definitions.
44.4422-1  Doing business in violation of Federal or State law.

            General Provisions Relating to Occupational Taxes

44.4901-1  Payment of special tax.
44.4902-1  Partnership liability.
44.4905-1  Change of ownership.
44.4905-2  Change of address.
44.4905-3  Liability for failure to register change or removal.
44.4906-1  Cross reference.

Subpart E--Administrative Provisions of Special Application to the Taxes 
                               on Wagering

44.6001-1  Record requirements.
44.6011(a)-1  Returns.
44.6071-1  Time for filing return.
44.6091-1  Place for filing returns.
44.6151-1  Time and place for paying taxes.
44.6419-1  Credit or refund generally.
44.6419-2  Credit or refund on wagers laid off by taxpayer.
44.7262-1  Failure to pay special tax.

    Authority: 26 U.S.C. 7805.

    Source: T.D. 6370, 24 FR 2614, Apr. 4, 1959, unless otherwise noted.



                         Subpart A--Introduction





Sec. 44.0-1   Introduction.

    (a) In general. The regulations in this part are designated 
``Wagering Tax Regulations.'' The regulations relate to the taxes 
imposed by Chapter 35 of the Internal Revenue Code of 1954, as amended, 
to certain general provisions of Chapter 40 of such Code, and to certain 
related administrative provisions of Subtitle F of such Code. Chapter 35 
imposes an excise tax on wagers and a special tax to be paid by each 
person liable for the tax imposed on wagers and by each person engaged 
in receiving wagers for or on behalf of any person liable for the tax 
imposed on wagers. References in these regulations to the ``Internal 
Revenue Code'' or the ``Code'' are references to the Internal Revenue 
Code of 1954, as amended, unless otherwise indicated. References to a 
section or other provision of law are references to a section or other 
provision of the Internal Revenue Code, as amended, unless otherwise 
indicated.
    (b) Division of regulations. The regulations in this part are 
divided into five subparts. Subpart A contains provisions relating to 
the arrangement and numbering of the sections of the regulations in this 
part, general definitions

[[Page 51]]

and use of terms, scope of the regulations, and the extent to which the 
regulations in this part supersede prior regulations relating to the 
taxes imposed by Chapter 35 of the Internal Revenue Code. Subpart B 
relates to the tax on wagers. Subpart C relates to the special tax. 
Subpart D relates to certain miscellaneous and general provisions having 
application to taxes imposed by Chapter 35. Subpart E relates to 
selected provisions of subtitle F of the Code (Procedure and 
Administration) which have special application to the taxes imposed by 
Chapter 35 of the Code.
    (c) Arrangement and numbering. Each section of the regulations in 
this part (other than Subpart A) is designated by a number composed of 
the part number followed by a decimal point (44.); the section of the 
Internal Revenue Code which it interprets; a hyphen (-); and a number 
identifying the section. By use of these designations one can ascertain 
the sections of the regulations relating to a provision of the Code. For 
example, the regulations pertaining to section 4401 of the Code are 
designated Secs. 41.4401-1, 41.4401-2, and 41.4401-3.

[T.D. 6370, 24 FR 2614, Apr. 4, 1959, as amended by T.D. 7665, 45 FR 
6090, Jan. 25, 1980]





Sec. 44.0-2   General definitions and use of terms.

    As used in the regulations in this part, unless otherwise expressly 
indicated:
    (a) The terms defined in the provisions of law contained in the 
regulations in this part shall have the meanings so assigned to them.
    (b) The Internal Revenue Code of 1954 means the Act approved August 
16, 1954 (68A Stat.), entitled ``An Act To revise the internal revenue 
laws of the United States'', as amended.
    (c) District director means district director of internal revenue.
    (d) The cross references in the regulations in this part to other 
portions of the regulations, when the word ``see'' is used, are made 
only for convenience and shall be given no legal effect.





Sec. 44.0-3   Scope of regulations.

    The regulations in this part apply to wagering activity on and after 
January 1, 1955.





Sec. 44.0-4   Extent to which the regulations in this part supersede prior regulations.

    The regulations in this part, with respect to the subject matter 
within the scope thereof, supersede Regulations 132, 26 CFR (1939) Part 
325.



                        Subpart B--Tax on Wagers





Sec. 44.4401-1   Imposition of tax.

    (a) In general. Section 4401 imposes a tax on all wagers, as defined 
in section 4421. See section 4421 and Sec. 44.4421-1 for definition of 
the term ``wager.''
    (b) Rate of tax; amount of wager--(1) Rate of tax. The tax is 
imposed at the rate of 10 percent of the amount of any taxable wager.
    (2) Amount of wager. (i) The amount of the wager is the amount 
risked by the bettor, including any charge or fee incident to the 
placing of the wager as provided in subdivision (iv) of this 
subparagraph, rather than the amount which he stands to win. Thus, if a 
bettor bets $5 against a bookmaker's $7 with respect to the outcome of a 
prize fight, the amount of the wager subject to tax is $5.
    (ii) In the case of a ``parlay'' wager (i.e., a single wager made by 
a bettor on the outcome of a series of events, usually horse races), the 
amount of the taxable wager is the amount initially wagered by the 
bettor irrespective of whether the parlay is successful. In the case of 
an ``if'' wager, the amount of the taxable wager is the total of all 
amounts wagered on each selection of the bettor. For example, A makes a 
$10 wager on horse R with the understanding that if horse R wins, $5 is 
to be wagered on horse S and $5 on horse T. If horse R wins, the taxable 
wager is $20. If horse R loses, the taxable wager is $10. In determining 
the amount of a taxable wager involving the features of, or a 
combination of, ``parlay'' and ``if'' bets, such as wagers sometimes 
referred to as a ``whipsaw'' or an ``if and reverse'' bet, the rules set 
forth above relating to ``parlay'' and ``if'' bets are to be followed. 
For example, assume B

[[Page 52]]

wagers $10 on horse R with the understanding that if horse R wins, $5 is 
to be placed as a parlay wager on horses S and T. In such a case, if 
horse R loses, the taxable wager is $10; if horse R wins, there are two 
taxable wagers amounting in the aggregate to $15.
    (iii) In the case of punchboards with prizes of merchandise, cash, 
or free plays listed thereon, the amount of the taxable wager is the 
amount risked by the bettor for all chances taken by him, including the 
chances taken by the bettor in lieu of the acceptance of an equivalent 
amount in cash or merchandise.
    (iv) In determining the amount of any wager subject to tax there 
shall be included any charge or fee incident to the placing of the 
wager. For example, in the case of a wager with respect to a horse race, 
any amount paid to a bookmaker for the purpose of guaranteeing the 
bettor a pay-off based on actual track odds is to be included as a part 
of the wager. Similarly, in the case of a lottery, any amount paid to 
the operator thereof by the bettor for the privilege of making a 
contribution to the pool or bank is also to be included in the amount of 
the wager. However, the amount of the wager subject to tax shall not 
include the amount of the tax where it is established by actual records 
of the taxpayer that such amount of tax was collected from the bettor as 
a separate charge.





Sec. 44.4401-2   Person liable for tax.

    (a) In general. (1) Every person engaged in the business of 
accepting wagers with respect to a sports event or a contest is liable 
for the tax on any such wager accepted by him. Every person who operates 
a wagering pool or lottery conducted for profit is liable for the tax 
with respect to any wager or contribution placed in such pool or 
lottery. To be liable for the tax, it is not necessary that the person 
engaged in the business of accepting wagers or operating a wagering pool 
or lottery physically receive the wager or contribution. Any wager or 
contribution received by an agent or employee on behalf of such person 
shall be considered to have been accepted by and placed with such 
person.
    (2) Any person required to register under section 4412 by reason of 
having received wagers for or on behalf of another person, but who fails 
to register the name and place of residence of such other person 
(hereinafter in this subparagraph referred to as principal), shall be 
liable for the tax on all wagers received by him during the period in 
which he has failed to so register the name and place of residence of 
such principal. Subsequent compliance with section 4412 by the person 
receiving wagers for another does not relieve him of his liability and 
duty to pay such tax, nor will the fact that such person incurs 
liability with respect to the tax on such wagers, relieve his principal 
of liability for the tax imposed under section 4401 with respect to such 
wagers. Accordingly, both the person receiving the wagers and his 
principal shall be liable for the tax on such wagers until the tax is 
paid. Payment of the tax on such wagers shall not relieve the person 
receiving wagers of any penalty for failure to register as required by 
section 4412. This subparagraph has application only to wagers received 
after September 2, 1958.
    (b) In business of accepting wagers. A person is engaged in the 
business of accepting wagers if he makes it a practice to accept wagers 
with respect to which he assumes the risk of profit or loss depending 
upon the outcome of the event or the contest with respect to which the 
wager is accepted. It is not intended that to be engaged in the business 
of accepting wagers a person must be either so engaged to the exclusion 
of all other activities or even primarily so engaged. Thus, for example, 
an individual may be primarily engaged in business as a salesman, and 
also for the purpose of the tax be engaged in the business of accepting 
wagers.
    (c) Lay-offs. If a person engaged in the business of accepting 
wagers or conducting a lottery or betting pool for profits lays off all 
or part of the wagers placed with him with another person engaged in the 
business of accepting wagers or conducting a betting pool or lottery for 
profit, he shall, notwithstanding such lay-off, be liable for the tax on 
the wagers or contributions initially accepted by him. See Sec. 44.6419-
2

[[Page 53]]

for credit and refund provisions applicable with respect to laid-off 
wagers.





Sec. 44.4401-3   When tax attaches.

    The tax attaches when (a) a person engaged in the business of 
accepting wagers with respect to a sports event or a contest, or (b) a 
person who operates a wagering pool or lottery for profit, accepts a 
wager or contribution from a bettor. In the case of a wager on credit, 
the tax attaches whether or not the amount of the wager is actually 
collected from the bettor. However, if an amount equivalent to the 
amount of the wager is paid to the bettor prior to the close of the 
calendar month in which such wager was accepted, either because of the 
cancellation of the event upon which the wager was placed, or because 
the wager was cancelled or rescinded by mutual agreement, the wager need 
not be reported on the taxpayer's return for such month. Where such 
cancellation or rescission takes place in a month subsequent to the 
month in which the wager was accepted, credit or refund of the tax paid 
with respect to such wager may be made subject to the provisions of 
Sec. 44.6419-1.





Sec. 44.4402-1  Exemptions.

    (a) Parimutuel wagering enterprises. Section 4402 provides that no 
tax shall be imposed by section 4401 on any wager placed with, or on any 
wager placed in a wagering pool conducted by, a parimutuel wagering 
enterprise licensed under State law.
    (b) Wagering machines--(1) In general. Section 4402 provides that no 
tax shall be imposed by section 4401 on any wager placed in a coin-
operated device (as defined in section 4462 as in effect for years 
beginning before July 1, 1980), or on any amount paid, in lieu of 
inserting a coin, token, or similar object, to operate a device 
described in section 4462(a)(2) (as so in effect). These devices 
include:
    (i) So-called ``slot'' machines that operate by means of the 
insertion of a coin, token, or similar object and that, by application 
of the element of chance, may deliver, or entitle the person playing or 
operating the machine to receive cash, premiums, merchandise, or tokens; 
and
    (ii) Machines that are similar to machines described in paragraph 
(b)(1)(i) of this section and are operated without the insertion of a 
coin, token, or similar object.
    (2) Examples. The following devices and machines are examples of the 
devices referred to in paragraph (b)(1) of this section:
    (i) A machine that is operated by means of the insertion of a coin, 
token, or similar object and that, even though it does not dispense cash 
or tokens, has the features and characteristics of a gaming device 
whether or not evidence exists as to actual payoffs.
    (ii) A so-called crane machine, claw, digger, or rotary 
merchandising type device that is operated by the insertion of a coin 
and adjustment of a control lever for the purpose or removing from the 
machine, by gripping, pushing, or other manipulation articles such as 
figurines, lighters, etc., in the machine.
    (iii) A pinball machine equipped with a pushbutton for releasing 
free plays and a meter for recording the plays so released, or equipped 
with provisions for multiple coin insertion for increasing the odds.
    (iv) Pinball machines in connection with which free plays are 
redeemed in cash, tokens, or merchandise, or prizes are offered to any 
person for the attainment of designated scores.
    (v) A coin-operated machine that displays a poker hand or delivers a 
ticket with a poker hand symbolized on it that entitles the player to a 
prize if the poker hand displayed by the machine or symbolized on the 
ticket constitutes a winning hand.

[T.D. 8328, 56 FR 188, Jan. 3, 1991; Redesignated and amended by T.D. 
8442, 57 FR 48186, Oct. 22, 1992]





Sec. 44.4403-1   Daily record.

    Every person liable for tax under section 4401 shall keep such 
records as will clearly show as to each day's operations:
    (a) The gross amount of all wagers accepted;
    (b) The gross amount of each class or type of wager accepted on each 
separate event, contest, or other wagering medium. For example, in the 
case of wagers accepted on a horse race, the

[[Page 54]]

daily record shall show separately the gross amount of each class or 
type of wagers (straight bets, parlays, ``if'' bets, etc.) accepted on 
each horse in the race. Similarly, in the case of the numbers game, the 
daily record shall show the gross amount of each class or type of wager 
accepted on each number.

For additional provisions relating to records, see section 6001 and 
Sec. 44.6001-1.





Sec. 44.4404-1   Territorial extent.

    (a) In general. The tax imposed by section 4401 applies to wagers 
(1) accepted in the United States, or (2) placed by a person who is in 
the United States (i) with a person who is a citizen or resident of the 
United States, or (ii) in a wagering pool or lottery conducted by a 
person who is a citizen or resident of the United States. All wagers 
made within the United States are taxable irrespective of the 
citizenship or place of residence of the parties to the wager. Thus, the 
tax applies to wagers placed within the United States, even though the 
person for whom or on whose behalf the wagers are received is located in 
a foreign country and is not a citizen or resident of the United States. 
Likewise, a wager accepted outside the United States by a citizen or 
resident of the United States is taxable if the person making such wager 
is within the United States at the time the wager is made.
    (b) Examples. The following examples illustrate the application of 
paragraph (a) of this section:

    Example (1). A syndicate which maintains its headquarters in a 
foreign country has representatives in the United States who receive 
wagers in the United States for or on behalf of such syndicate. For the 
purposes of section 4404, such wagers are considered as accepted within 
the United States, the syndicate is considered to be in the business of 
accepting wagers within the United States, and such wagers are subject 
to the tax. This is true regardless of the nationality or residence of 
the members of the syndicate.
    Example (2). A Canadian citizen employed in Detroit, Michigan, 
telephones a horse race bet to a bookmaker who is a United States 
citizen with his place of business located in Windsor, Canada. The wager 
is taxable since it is made by a person within the United States with a 
person who is a United States citizen.
    Example (3). A United States citizen while visiting Tijuana, Mexico, 
makes a wager on the outcome of a horse race with a bookmaker who is 
also a United States citizen located and doing business in Tijuana. The 
wager is not taxable since both parties to the wager, though United 
States citizens, were outside the United States at the time the wager 
was made.



                       Subpart C--Occupational Tax





Sec. 44.4411-1   Imposition of tax.

    (a) In general. A special tax of $50 per year is required to be paid 
by each person:
    (1) Who is liable for the tax imposed by section 4401, or
    (2) Who is engaged in receiving wagers for or on behalf of any 
person who is liable for the tax imposed by section 4401.
    (b) Examples. The application of paragraph (a) of this section may 
be illustrated by the following examples:

    Example (1). A, who is engaged in the business of accepting horse 
race bets, employs ten persons to receive on his behalf wagers which are 
transmitted by telephone. A also employs a secretary and a bookkeeper. A 
and each of the ten persons who receives wagers by telephone on behalf 
of A are liable for the special tax. The secretary and bookkeeper are 
not liable for the special tax unless they also receive wagers for A.

    Example (2). B operates a numbers game and has an arrangement with 
ten persons, who are employed in various capacities, such as bootblacks, 
elevator operators, news dealers, etc., to receive wagers from the 
public on his behalf. B also employs C to collect from the ten persons 
referred to, the wagers received by them on B's behalf and to deliver 
such wagers to B. C performs no other services for B. B and the ten 
persons who receive wagers on his behalf are liable for the special tax. 
C is not liable for the special tax since he is not engaged in receiving 
wagers for B.

    (c) Cross references. For provisions relating to the payment of the 
special tax (computation, manner of payment, etc.), see Subpart D of 
this part.





Sec. 44.4412-1   Registration.

    (a) In general. Every person required to pay the special tax imposed 
by section 4411 shall register and file a return on Form 11-C. For 
provisions relating to the general requirement for filing a return, see 
Sec. 44.6011(a)-1.

[[Page 55]]

    (b) Information to be reported on Form 11-C. (1) Every person 
required to make a return on Form 11-C shall report thereon his full 
name and place of residence. A person doing business under an alias, 
style, or trade name shall give his true name, followed by his alias, 
style, or trade name. In the case of a partnership, association, firm, 
or company, other than a corporation, the style or trade name shall be 
given, also the true name of each member and his place of residence. In 
the case of a corporation, the true name and title of each officer and 
his place of residence shall be shown.
    (2) Each person engaged in the business of accepting wagers on his 
own account shall report on Form 11-C the name and address of each place 
where such business will be conducted and the name, address, and number 
appearing on the special (occupational) stamp of each agent or employee 
who may receive wagers on his behalf. Thereafter, a return shall be 
filed on Form 11-C, marked ``Supplemental'', each time an additional 
employee or agent is engaged to receive wagers. Such supplemental return 
shall be filed not later than 10 days after the date such additional 
employee or agent is engaged to receive wagers and shall show the name, 
address, and number appearing on the special (occupational) stamp of 
each such agent or employee. As to a change of address, see 
Sec. 44.4905-2.
    (3) Each agent or employee who receives wagers for or on behalf of a 
person engaged in the business of accepting wagers on his own account 
shall report on Form 11-C the name and residence address of each person 
(i.e., individual, partnership, corporation, etc.) on whose behalf 
wagers are to be received. Thereafter, the agent or employee shall file 
a return on Form 11-C, marked ``Supplemental'', each time he is engaged 
or employed to receive wagers for a person or persons other than the 
person or persons previously reported on Form 11-C. Such supplemental 
return shall be filed not later than 10 days after the date he is 
engaged to receive wagers and shall show the name, business address, or, 
if none, the residence address of the person or persons by whom he is 
engaged to receive wagers. As to a change of address, see Sec. 44.4905-
2.
    (c) Time and place for filing Form 11-C. For provisions relating to 
the time for filing Form 11-C (other than Form 11-C marked 
``Supplemental''), see section 6071 and Sec. 44.6071-1. For provisions 
relating to the place for filing Form 11-C, see section 6091 and 
Sec. 44.6091-1.





Sec. 44.4413-1   Certain provisions made applicable.

    For regulations under sections 4901, 4902, 4904, 4905, and 4906, as 
extended and made applicable to the special tax imposed by section 4411 
and to the persons upon whom such tax is imposed, see Subpart D of this 
part.



 Subpart D--Miscellaneous and General Provisions Applicable to Taxes on 
                                Wagering

                        Miscellaneous Provisions





Sec. 44.4421-1   Definitions.

    (a) Wager. The term ``wager'' means:
    (1) Any wager placed with a person engaged in the business of 
accepting wagers upon the outcome of a sports event or a contest;
    (2) Any wager placed in a wagering pool with respect to a sports 
event or a contest, if such pool is conducted for profit; and
    (3) Any wager placed in a lottery conducted for profit.
    (b) Lottery--(1) In general. The term ``lottery'' includes the 
numbers game, policy, and similar types of wagering. In general, a 
lottery conducted for profit includes any scheme or method for the 
distribution of prizes among persons who have paid or promised a 
consideration for a chance to win such prizes, usually as determined by 
the numbers or symbols on tickets as drawn from a lottery wheel or other 
receptacle, or by the outcome of an event: Provided, Such lottery is 
conducted for profit. The term also includes enterprises commonly known 
as ``policy'' or ``numbers'' and similar types of wagering where the 
player selects a number, or a combination of numbers, and pays or agrees 
to pay a certain amount in consideration of which the operator of the 
lottery, policy, or numbers game agrees to pay a

[[Page 56]]

prize or fixed sum of money if the selected number or combination of 
numbers appear or are published in a manner understood by the parties. 
For example, the winning number or combination of numbers may appear or 
be published as a series of numbers in the payoff prices of a series of 
horse races at a certain race track, or in the United States Treasury 
balance reports, or the reports of a stock or commodity exchange. This 
description is not intended to be restrictive; hence, the substitution 
of letters or other symbols for numbers or a different arrangement for 
determining the winning number or combination of numbers, does not alter 
the fundamental nature of a game which otherwise would be considered a 
lottery. The operation of a punch board or a similar gaming device for 
profit is also considered to be the operation of a lottery.
    (2) Certain games excluded--(i) Cards, dice, etc. Section 4421 
specifically excludes from the term ``lottery'' any game of a type in 
which usually (a) the wagers are placed, (b) the winners are determined, 
and (c) the distribution of prizes or other property is made, in the 
presence of all persons placing wagers in such game. Thus, for example, 
no tax would be payable with respect to wagers made in a bingo or keno 
game since such a game is usually conducted under circumstances in which 
the wagers are placed, the winners are determined, and the distribution 
of prizes is made in the presence of all persons participating in the 
game. For the same reason, no tax would apply in the case of card games, 
dice games, or games involving wheels of chance, such as roulette wheels 
and gambling wheels of a type used at carnivals and public fairs.
    (ii) Drawings conducted by an organization exempt from tax under 
section 501 or 521. Section 4421 specifically excludes from the term 
``lottery'' any drawing conducted by an organization exempt from tax 
under section 501 or 521 if no part of the net proceeds derived from 
such drawing inures to the benefit of any private shareholder or 
individual. For provisions relating to exemption from income tax under 
section 501 or 521, see the Income Tax Regulations (Part 1 of this 
chapter).
    (c) Other terms used--(1) Wagering pool. A wagering pool conducted 
for profit includes any scheme or method for the distribution of prizes 
to one or more winning bettors based upon the outcome of a sports event 
or a contest, or a combination or series of such events or contests, 
provided such wagering pool is managed and conducted for the purpose of 
making a profit.
    (2) Sports event. A sports event includes every type of sports 
event, whether amateur, scholastic, or professional, such as horse 
racing, auto racing, dog racing, boxing and wrestling matches and 
exhibitions, baseball, football, and basketball games, tennis and golf 
matches, track meets, etc.
    (3) Contest. A contest includes any type of contest involving speed, 
skill, endurance, popularity, politics, strength, appearances, etc., 
such as a general or primary election, the outcome of a nominating 
convention, a dance marathon, a log-rolling, wood-chopping, weight-
lifting, corn-husking, beauty contest, etc.
    (4) Conducted for profit. A wagering pool or lottery may be 
conducted for profit even though a direct profit will not inure from the 
operation thereof. A wagering pool or lottery operated with the 
expectancy of a profit in the form of increased sales, increased 
attendance, or other indirect benefits is conducted for profit for 
purposes of the wagering tax.





Sec. 44.4422-1   Doing business in violation of Federal or State law.

    Payment of any special tax within the scope of the regulations in 
this part in nowise authorizes the carrying on of any business in 
violation of a law of the United States or the law of any State. The 
special tax stamp is not a license or permit and affords no protection 
from prosecution for violation of any Federal or State law. See also 
section 4906.

            General Provisions Relating to Occupational Taxes





Sec. 44.4901-1   Payment of special tax.

    (a) Condition precedent to carrying on business. No persons shall 
engage in the business of accepting wagers subject to the tax imposed by 
section 4401 until

[[Page 57]]

he has filed a return on Form 11-C and paid the special tax imposed by 
section 4411. Likewise, no person shall engage in receiving wagers for 
or on behalf of any person engaged in the business of accepting wagers 
until he has filed a return on Form 11-C and paid the special tax 
imposed by section 4411. For provisions relating to the tax imposed by 
section 4401 and the special tax imposed by section 4411, see Subparts B 
and C of this part, respectively.
    (b) Computation of special tax. (1) Section 4411 imposes a special 
tax of $50 per year which is required to be paid by each person who is 
liable for the tax imposed by section 4401 (tax on wagers) or who is 
engaged in receiving wagers for or on behalf of any person who is liable 
for the tax imposed by section 4401. A person engaged both in accepting 
wagers on his own account and in receiving wagers for or on behalf of 
some other person is required to purchase but one special tax stamp.
    (2) The tax year begins July 1 and ends June 30 of the following 
calendar year. Persons commencing business between August 1 and June 30 
(both dates inclusive) shall pay a proportionate part of the annual tax. 
``Commencing business'' means the initial acceptance by a person of a 
wager subject to the tax imposed by section 4401 or the initial 
receiving of a taxable wager by an agent or employee for or on behalf of 
some other person. Persons in business for only a portion of a month are 
liable for tax for the full month, i.e., a person first becoming subject 
to the special tax on, for example, the 20th day of a month, is liable 
for tax for the entire month.
    (c) Tax payment evidenced by special tax stamp. (1) Upon receipt of 
a return on Form 11-C, together with remittance of the full amount of 
tax due, the district director will issue a special tax stamp as 
evidence of payment of the special tax.
    (2) District directors will distinctly write or print on the stamp 
before it is delivered or mailed to the taxpayer the following 
information: (i) The taxpayer's registered name, and (ii) the business 
or office address of the taxpayer if he has one; if not, the residence 
address. Special tax stamps will be transmitted by ordinary mail, unless 
it is requested that they be transmitted by registered mail in which 
case additional cost to cover registry fee shall be remitted with the 
return.
    (3) District directors and their collection officers are forbidden 
to issue receipts in lieu of stamps representing the payment of special 
taxes.
    (d) Cross references. For provisions relating to registration and 
information required to be reported on Form 11-C, see Sec. 44.4412-1. 
For other provisions relating to Form 11-C, see Secs. 44.6011(a)-1 
(relating to returns), 44.6071-1 (time for filing returns and other 
documents), and 44.6091-1 (place for filing returns or other documents).





Sec. 44.4902-1   Partnership liability.

    Any number of persons doing business in copartnership shall be 
required to pay but one special tax. The district director may issue a 
special tax stamp to a copartnership in a firm or trade name, provided 
the names and addresses of all members of the partnership are disclosed 
on Form 11-C.





Sec. 44.4905-1   Change of ownership.

    (a) Changes through death. Whenever any person who has paid the 
special tax imposed by section 4411 dies, the surviving spouse or child, 
or executor or administrator, or other legal representative, may carry 
on such business for the remainder of the term for which such special 
tax has been paid without any additional payment, subject to the 
conditions hereinafter stated. If the surviving spouse or child, or 
executor or administrator, or other legal representative of the deceased 
taxpayer continues the business, such person shall within 30 days after 
the date of the death of the taxpayer execute a return on Form 11-C. 
Such return shall show the name of the deceased taxpayer, together with 
all other data required to be reported on Form 11-C (see Sec. 44.4412-
1), and the stamp issued to such taxpayer shall be submitted with the 
return for proper notation by the district director.
    (b) Changes from other causes. A receiver or trustee in bankruptcy 
may continue the business under the stamp issued to the taxpayer at the 
place and for the period for which the special tax was paid. An assignee 
for the benefit of

[[Page 58]]

creditors may continue business under his assignor's special tax stamp 
without incurring additional special tax liability. In such cases the 
change shall be registered with the district director in a manner 
similar to that required by paragraph (a) of this section.
    (c) Changes in firm. When one or more members of a firm partnership 
withdraw, the business may be continued by the remaining partner or 
partners under the same special tax stamp for the remainder of the 
period for which the stamp was issued to the old firm. The change shall, 
however, be registered in the same manner as required in paragraph (a) 
of this section. If new partners are taken into a firm the new firm so 
constituted may not carry on business under the special tax stamp of the 
old firm. The new firm shall make a return on Form 11-C and pay the 
special tax imposed by section 4411 reckoned from the first day of the 
month in which it began business, even though the name of such firm be 
the same as that of the old. If the members of a partnership, which has 
paid the special tax, form a corporation to continue the business a new 
special tax stamp must be obtained in the name of the corporation.
    (d) Change in corporation. If a corporation changes its name, no 
additional tax is due, provided the change in name is registered with 
the district director in the manner required by paragraph (a) of this 
section. An increase in the capital stock of a corporation does not 
create a new special tax liability if the laws of the State under which 
it is incorporated permit such increase without the formation of a new 
corporation. A stockholder in a corporation, who after its dissolution 
continues the business, incurs liability for the special tax imposed by 
section 4411 unless he already has a special tax stamp obtained in 
respect of activities conducted as a sole proprietor.





Sec. 44.4905-2   Change of address.

    (a) Procedure by taxpayer--(1) After June 30, 1963. Whenever, after 
June 30, 1963, a taxpayer changes his business or residence address to a 
location other than that specified in his last return on Form 11-C, he 
shall register the change with the district director from whom the 
special tax stamp was purchased by filing a new return, Form 11-C, 
designated ``Supplemental Return'', setting forth the new address and 
the date of change. He shall so register the change of address before:
    (i) He engages in any wagering activity at the new address, or
    (ii) The termination of a 30-day period which begins on the day 
after the date of such change,

whichever occurs first. The taxpayer's special tax stamp shall accompany 
the supplemental return for proper notation by the district director. As 
to liability in case of failure to register a change of address, see 
Sec. 44.4905-3.
    (2) Before July 1, 1963. Whenever, before July 1, 1963, a taxpayer 
changes his business or residence address to a location other than that 
specified in his last return of Form 11-C, he shall, within 30 days 
after the date of such change, register the change with the district 
director from whom the special tax stamp was purchased by filing a new 
return, Form 11-C, designated ``Supplemental Return'', setting forth the 
new address and the date of change. The taxpayer's special tax stamp 
shall accompany the supplemental return for proper notation by the 
district director. As to liability in case of failure to register a 
change of address, see Sec. 44.4905-3.
    (b) Procedure by district director; removal within district. When 
registration of a change of address within the same district is made by 
a taxpayer in the manner specified in paragraph (a) of this section, the 
district director, if necessary, will enter on his records the new 
address and the date of change. If the information disclosed on the 
supplemental return is such as to require a change on the face of the 
special tax stamp, the district director will make the proper change and 
return the stamp to the taxpayer.
    (c) Procedure by district director; removal to another district. In 
case of removal of the taxpayer's office or principal place of business 
(or residence address, if he has no office or principal place of 
business) to another district, the district director, after noting the 
transfer on his records, shall transmit

[[Page 59]]

the special tax stamp to the district director for the district to which 
such office or business was removed. The latter will make an entry on 
his records, as in the case of an original registration in his district, 
correct the address on the stamp, if necessary, and note also thereon 
his name, title, date, and district, and then forward the stamp to the 
taxpayer.

[T.D. 6656, 28 FR 5720, June 12, 1963, as amended by T.D. 7087, 36 FR 
505, Jan. 14, 1971]





Sec. 44.4905-3   Liability for failure to register change or removal.

    Any person succeeding to and carrying on a business for which the 
special tax imposed by section 4411 has been paid, and any taxpayer 
changing his residence address or his place of business, without 
registering such change as provided in Secs. 44.4905-1 and 44.4905-2 
shall be liable to an additional tax, and to the penalty prescribed in 
section 6651 for failure to make a return. (For regulations under 
section 6651, see the Regulations on Procedure and Administration (Part 
301 of this chapter).)





Sec. 44.4906-1   Cross reference.

    For provisions relating to the applicability of Federal and State 
laws, see section 4422 and Sec. 44.4422-1.



Subpart E--Administrative Provisions of Special Application to the Taxes 
                               on Wagering





Sec. 44.6001-1   Record requirements.

    (a) In general. (1) In addition to all other records required 
pursuant to Sec. 44.4403-1, every person required to pay tax under 
section 4401 shall keep such records as will clearly show as to each 
day's operation:
    (i) Separately, the gross amount of wagers:
    (a) Accepted directly by the taxpayer or at any registered place of 
business of the taxpayer (other than laid-off wagers),
    (b) Accepted for his account by agents at any place other than a 
registered place of business of the taxpayer (other than laid-off 
wagers), and
    (c) Accepted as laid-off wagers from persons subject to the tax on 
wagers;
    (ii) With respect to wagers laid off with others, the name, address, 
and registration number of each person with whom the laid-off wagers 
were placed, and the gross amount laid off with each such person, 
showing separately the gross amount of laid-off wagers with respect to 
each event, contest, or other wagering medium, as, for example, the 
gross amount laid off on each horse in a race; and
    (iii) The gross amount of tax collected from or charged to bettors 
as a separate item.
    (2) If a taxpayer has any agents or employees receiving wagers on 
his behalf, he shall maintain a separate record showing the name and 
address of each agent or employee, the period of employment, and the 
number of the special tax stamp issued to each such agent or employee.
    (3) A duplicate copy of each return required by Sec. 44.6011(a)-1 
shall be retained as part of the taxpayer's records.
    (b) Records of agent or employee. Every person who is engaged in 
receiving for or on behalf of another person (at any place other than a 
registered place of business of such other person) wagers of a type 
subject to the tax imposed by section 4401 shall keep a record showing 
for each day (1) the gross amount of such wagers received by him, (2) 
the amount, if any, retained as a commission or as compensation for 
receiving such wagers, and (3) the amount turned over to the person on 
whose behalf the wagers were received, and the name and address of such 
person.
    (c) Record of claimants. Any person claiming a credit or refund 
shall keep a complete and detailed record of each overpayment and of 
each laid-off wager for which credit is taken or refund is claimed, 
including a copy of the certificate required under paragraph (d) of 
Sec. 44.6419-2.
    (d) Place for keeping records. Every person required to pay the tax 
imposed by section 4401 shall keep or cause to be kept, at his office or 
principal place of business, or, if he has no office or principal place 
of business, at his residence or some other convenient or safe location, 
all such records as are required pursuant to paragraphs (a) and

[[Page 60]]

(c) of this section and section 4403 and Sec. 44.4403-1.
    (e) Period for retaining records. All records required by the 
regulations in this part shall at all times be available for inspection 
by internal revenue officers. Records required by Sec. 44.4403-1 and by 
paragraph (a) of this section shall be maintained for a period of at 
least three years from the date the tax became due. Records required by 
paragraph (b) of this section shall be maintained for a period of at 
least three years from the date the wager was received. Records required 
by paragraph (c) of this section shall be maintained for a period of at 
least three years from the date any credit is taken or refund is 
claimed.

[T.D. 6370, 24 FR 2614, Apr. 4, 1959, as amended by T.D. 6568, 26 FR 
7545, Aug. 15, 1961]





Sec. 44.6011(a)-1   Returns.

    (a) In general. Every person required to pay the tax on wagers 
imposed by section 4401 of the Code shall make for each month, from the 
daily records required by Secs. 44.4403-1 and 44.6001-1, a return on 
Form 730 in accordance with the instructions and regulations applicable 
thereto. A return shall be made for each month whether or not liability 
has been incurred for that month. If the taxpayer ceases operations 
which make him liable for the tax, the last return shall be marked 
``Final Return''.
    (b) Return on Form 11-C. Every person required to pay the special 
tax imposed by section 4411 shall make a return on Form 11-C in 
accordance with the instructions and regulations applicable thereto.





Sec. 44.6071-1   Time for filing return.

    (a) Return on Form 730. Each return required to be made on Form 730 
pursuant to Sec. 44.6011(a)-1 shall be filed on or before the last day 
of the first calendar month following the period for which it is made. 
For provisions relating to the time for filing a return when the 
prescribed due date falls on Saturday, Sunday, or a legal holiday, see 
the provisions of the Regulations on Procedure and Administration (Part 
301 of this chapter) under section 7503.
    (b) Return on Form 11C. (1) The first return required to be made on 
Form 11-C shall be filed to cover the period beginning with the first 
day of the calendar month in which a person engages (or expects to 
engage) in activities which make him liable for the special tax imposed 
by section 4411 and ending with the following June 30. Thereafter, each 
return required to be made on Form 11-C shall be filed on or before July 
1 to cover a 1-year period (beginning July 1 and ending June 30 of the 
following calendar year) during which taxable activity continues.
    (2) For additional provisions relating to the return on Form 11-C, 
see Sec. 44.4412-1 and Secs. 44.4901-1 to 44.4905-3, inclusive.





Sec. 44.6091-1   Place for filing returns.

    (a) In general. A return on Form 730 or Form 11-C shall be filed 
with the district director of internal revenue for the district in which 
is located the legal residence or principal place of business of the 
person making the return. If such person has no legal residence or 
principal place of business in any internal revenue district, the return 
shall be filed with the District Director at Baltimore, Maryland, except 
as provided in paragraph (b) of this section.
    (b) Returns of individuals outside the United States. The returns on 
Form 730 and Form 11-C of individuals (whether citizens of the United 
States, citizens of possessions of the United States, or aliens) outside 
the United States having no legal residence or principal place of 
business in any internal revenue district shall be filed with the 
Director, International Operations Division, Internal Revenue Service, 
at Washington, D.C. 20225.
    (c) Returns filed with service centers. Notwithstanding paragraphs 
(a) and (b) of this section, whenever instructions applicable to returns 
filed on Form 730 of Form 11-C provide that the returns be filed with a 
service center, the returns shall be so filed in accordance with the 
instructions.
    (d) Hand-carried returns. Returns which are filed by hand carrying 
shall be filed with the district director (or with any person asigned 
the administrative supervisions of an area, zone or local office 
constituting an permanent

[[Page 61]]

post of duty within the internal revenue district of such director) as 
provided in paragraph (a) of this section. See Sec. 301.6091-1(c) of 
this chapter (Regulations on Procedure and Admininstration) for 
provisions relating to the definition of hand carried.

[T.D. 6370, 24 FR 2614, Apr. 4, 1959, as amended by T.D. 7630, 44 FR 
40498, July 11, 1979; T.D. 8442, 57 FR 48185, Oct. 22, 1992]





Sec. 44.6151-1   Time and place for paying taxes.

    The taxes imposed by sections 4401 and 4411 shall, without 
assessment or notice and demand, be paid to the internal revenue officer 
with whom the returns are required to be filed at the time fixed for 
filing returns. For provisions relating to the time for filing returns, 
see section 6071 and Sec. 44.6071-1. For provisions relating to the 
place for filing returns, see section 6091 and Sec. 44.6091-1.





Sec. 44.6419-1   Credit or refund generally.

    (a) Overpayment of wagering tax; in general. If a person overpays 
the tax imposed under section 4401, he may either file a claim for 
refund on Form 843 or take credit for such overpayment against the tax 
due on a subsequent monthly return. A complete statement of the facts 
involving the overpayment shall be attached either to the claim or to 
the return on which the credit is claimed. Every claim for refund shall 
be supported by evidence showing the name and address of the taxpayer, 
the date of payment of the tax, and the amount of such tax. A credit 
taken on a return shall be supported by evidence of the same character.
    (b) Statement supporting credit or refund. No credit or refund shall 
be allowed whether in pursuance of a court decision or otherwise unless 
the taxpayer files a statement explaining satisfactorily the reason for 
claiming the credit or refund and establishing (1) that he has not 
collected (whether as a separate charge or otherwise) the amount of the 
tax from the person who placed the wager on which the tax was imposed, 
or (2) that he has either repaid the amount of the tax to the person who 
placed the wager or has secured the written consent of such person to 
the allowance of the credit or refund. In the latter case, the written 
consent of the person who placed the wager shall accompany the statement 
filed with the credit or refund claim. The statement supporting the 
credit or refund claim shall also show whether any previous claim for 
credit or refund covering the amount involved, or any part thereof, has 
been filed. If the overpayment of tax relates to a laid-off wager 
accepted by the taxpayer, no credit or refund shall be allowed or made 
unless the taxpayer complies with the provisions of the first sentence 
of this paragraph, not only as to the person who placed the laid-off 
wager, but also with respect to the person who placed the original 
wager.
    (c) Limitation on credit or refund. No claim for credit or refund of 
a tax shall be allowed unless presented within the period of limitations 
prescribed in section 6511. (For regulations under section 6511, see the 
Regulations on Procedure and Administration (Part 301 of this chapter).)





Sec. 44.6419-2   Credit or refund on wagers laid off by taxpayer.

    (a) Laid-off wagers; in general. If a taxpayer accepts a wager and 
lays off all or a part thereof with another person who is liable for tax 
under section 4401 with respect to such laid-off wager, a credit may be 
allowed to such taxpayer in the amount of the tax due with respect to 
the amount of the wager so laid off, provided there is attached to the 
return for the month during which the wager was accepted and laid off by 
him the certificate prescribed in paragraph (d) of this section.
    (b) Claim for refund. If a taxpayer has paid the tax with respect to 
a wager laid off by him, he may file a claim for refund of such tax on 
Form 843 or take a credit for the tax paid by him against the tax shown 
to be due on any subsequent monthly return. If a refund is claimed, Form 
843 shall be completed in accordance with the instructions thereon and, 
in addition, there shall be attached to such form a statement setting 
forth the reason for claiming the refund, the month in which such tax 
was paid, the date of payment, and whether any previous claim for refund 
covering the amount involved or any part thereof has been filed. There 
shall

[[Page 62]]

also be attached to the Form 843 the certificate prescribed below. In 
the case of a credit, the statement and certificate shall be attached to 
the monthly return on which the credit is claimed.
    (c) Credit or refund not allowed. No credit or refund will be 
allowed under this section if the wager is laid off with a person or 
organization not liable for tax under section 4401 with respect to such 
laid-off wager. No interest shall be allowed on any amount of tax 
credited or refunded under this section.
    (d) Certificate required. The certificate prescribed for use in 
support of a credit or refund with respect to a laid-off wager shall be 
in the following form:

                               Certificate

(In support of credit or refund with respect to laid-off wagers under 
section 6419(b) of the Internal Revenue Code.)
    I hereby certify that I, or the __________ (Corporation, 
partnership, or syndicate) of which I am an officer or member, doing 
business at ________________________, (Address) registered with the 
District Director of Internal Revenue at ____________________, 
____________________ under Registration No. ________ as a person 
accepting wagers within the meaning of section 4401 of the Internal 
Revenue Code, accepted laid-off wagers, in the amounts and on the dates 
indicated below, from __________________, (Name) ________________, 
(Address) during the month of ____________, 19______.

                                                                        
                                                        Subject of laid-
                                                           off wager    
                                                        (Identify horse 
               Date                  Amount of laid-      and track,    
                                       off wager          particular    
                                                          contest, or   
                                                       contestant, etc.)
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
(Attach supplemental sheets for additional entries, if necessary.)      

    The undersigned further certifies that he, or the corporation, 
partnership, or syndicate of which he is a member will make return of 
and account for the tax, under section 4401 of the Internal Revenue 
Code, with respect to the laid-off wagers so accepted.
    It is understood by the undersigned that this certificate is given 
for the purpose of enabling the person from whom the laid-off wagers 
were accepted to claim credit with respect to the tax due on such laid-
off wagers or to claim credit or refund of the tax, if any, paid on such 
laid-off wagers.
    It is further understood that the fraudulent use of this certificate 
will subject the undersigned and all guilty parties to a fine of not 
more than $10,000 or to imprisonment for not more than five years, or 
both, together with costs of prosecution.
(Signed)________________________________________________________________
(Date)__________________________________________________________________
(Title)_________________________________________________________________
                                (Owner, President Partner, Member, etc.)





Sec. 44.7262-1   Failure to pay special tax.

    Any person liable for the special tax who does any act which makes 
him liable for such tax, without having paid the tax, is, besides being 
liable for the tax, subject to a fine of not less than $1,000 and not 
more than $5,000.



PART 46--EXCISE TAX ON POLICIES ISSUED BY FOREIGN INSURERS AND OBLIGATIONS NOT IN REGISTERED FORM--Table of Contents






                         Subpart A--Introduction

Sec.
46.0-1  Introduction.
46.0-2  General definitions and use of terms.

          Subpart B--Tax on Policies Issued by Foreign Insurers

46.4371-1  Applicability of subpart.
46.4371-2  Imposition of tax on policies issued by foreign insurers; 
          scope of tax.
46.4371-3  Rate and computation of tax.
46.4371-4  Records required with respect to foreign insurance policies.
46.4374-1  Payment of tax.

       Subpart C--Excise Tax on Obligations Not in Registered Form

46.4701-1  Tax on issuer of registration-required obligation not in 
          registered form.

    Authority: 26 U.S.C. 7805.

    Source: T.D. 8497, 25 FR 6461, May 6, 1960, unless otherwise noted.



Subpart A--Introduction--Table of Contents










Sec. 46.0-1  Introduction.

    The regulations in this part 46 relate to the taxes on policies 
issued by foreign insurers imposed by chapter 34 of the Internal Revenue 
Code and the tax on the issuer of registration-required obligations not 
issued in registered form imposed by chapter 39 of the Internal Revenue 
Code. See part 40 of this chapter for regulations relating to returns, 
payments, and deposits of taxes imposed by chapters 34 and 39.

[T.D. 8442, 57 FR 48185, Oct. 22, 1992]

[[Page 63]]





Sec. 46.0-2   General definitions and use of terms.

    As used in the regulations in this part, unless otherwise expressly 
indicated:
    (a) The terms defined in the provisions of law contained in the 
regulations in this part shall have the meanings so assigned to them.
    (b) The Internal Revenue Code of 1954 means the Act approved August 
16, 1954 (68A Stat.), entitled ``An Act to revise the internal revenue 
laws of the United States'', as amended.
    (c) District director means the district director of internal 
revenue. The term also includes the Director of International Operations 
in all cases where the authority to perform the functions which may be 
performed by a district director has been delegated to the Director of 
International Operations.
    (d) Calendar quarter means a period of 3 calendar months ending on 
March 31, June 30, September 30, or December 31.



          Subpart B--Tax on Policies Issued by Foreign Insurers





Sec. 46.4371-1   Applicability of subpart.

    The provisions of this subpart apply only to premiums paid on or 
after January 1, 1966. See Subpart H, Part 47 of this chapter for 
provisions relating to premiums paid or charged before January 1, 1966. 
If any portion of the tax imposed by section 4371 was paid on the basis 
of the premium charged before January 1, 1966, in accordance with the 
provisions of Sec. 47.4371-2 of this chapter (documentary stamp tax), 
then, to the extent that such portion was paid by stamp, no further tax 
is due under the provisions of this subpart.





Sec. 46.4371-2   Imposition of tax on policies issued by foreign insurers; scope of tax.

    (a) Certain insurance policies, and indemnity, fidelity, or surety 
bonds. Section 4371(1) imposes a tax upon each policy of insurance 
(other than those referred to in paragraph (b) of this section), upon 
each indemnity, fidelity, or surety bond, or upon each certificate, 
binder, covering note, receipt, memorandum, cablegram, letter, or other 
instrument by whatever name called, whereby a contract of insurance or 
an obligation in the nature of an indemnity, fidelity, or surety bond is 
made, continued, or renewed, if issued:
    (1) By a nonresident alien individual, a foreign partnership, or a 
foreign corporation, as insurer (unless the policy or other instrument 
is signed or countersigned by an officer or agent of the insurer in a 
State, Territory, or the District of Columbia in which the insurer is 
authorized to do business); and either
    (2) To or for, or in the name of, a domestic corporation, domestic 
partnership, or an individual resident of the United States, against or 
with respect to hazards, risks, losses, or liabilities wholly or partly 
within the United States; or
    (3) To or for, or in the name of, a foreign corporation, foreign 
partnership, or nonresident individual, engaged in a trade or business 
within the United States with respect to hazards, risks, or liabilities 
wholly within the United States.

For definition of the term ``indemnity bond,'' see section 4372(c).
    (b) Life insurance, sickness, and accident policies, and annuity 
contracts. Unless the insurer is subject to tax under section 819, 
section 4371(2) imposes a tax upon each policy of insurance or annuity 
contract, or upon each certificate, binder, covering note, receipt, 
memorandum, cablegram, letter, or other instrument by whatever name 
called, whereby a contract of insurance or an annuity contract is made, 
continued, or renewed, if issued:
    (1) By a nonresident alien individual, a foreign partnership, or a 
foreign corporation, as insurer (unless the policy or other instrument 
is signed or countersigned by an officer or agent of the insurer in a 
State, Territory, or the District of Columbia in which such insurer is 
authorized to do business); and
    (2) To any person with respect to the life or hazards to the person 
of a citizen or resident of the United States.
    (c) Reinsurance. Section 4371(3) imposes a tax upon each policy of 
reinsurance, certificate, binder, covering note, receipt, memorandum, 
cablegram, letter, or other instrument by whatever

[[Page 64]]

name called, whereby a contract of reinsurance is made, continued, or 
renewed, if issued:
    (1) By a nonresident alien individual, a foreign partnership, or a 
foreign corporation, as reinsurer (unless the policy or other instrument 
is signed or countersigned by an officer or agent of the reinsurer in a 
State, Territory, or the District of Columbia in which such reinsurer is 
authorized to do business); and
    (2) To any person against, or with respect to, any of the hazards, 
risks, losses, or liabilities covered by contracts of the type described 
in section 4371 (1) or (2).
    (d) Exempt indemnity bonds. The tax imposed by section 4371 does not 
apply to any indemnity bond described in section 4373(2).





Sec. 46.4371-3   Rate and computation of tax.

    (a) Rate of tax. (1) The tax under section 4371(1) is imposed at the 
rate of 4 cents on each dollar, or fractional part thereof, of the 
premium payment.
    (2) The tax under section 4371 (2) and (3) is imposed at the rate of 
1 cent on each dollar, or fractional part thereof, of the premium 
payment.
    (b) Meaning of premium payment. For purposes of this subpart, the 
term ``premium payment'' means the consideration paid for assuming and 
carrying the risk or obligation, and includes any additional assessment 
or charge paid under the contract, whether payable in one sum or 
installments.





Sec. 46.4371-4   Records required with respect to foreign insurance policies.

    (a) Each person required under the provisions of Sec. 46.4374-1 to 
remit the tax imposed by section 4371 shall keep or cause to be kept 
accurate records of all policies or other instruments subject to such 
tax upon which premiums have been paid. Such records must identify each 
such policy or other instrument in such a manner as to clearly establish 
the following: (1) The gross premium paid; (2) whether such policy or 
other instrument is (i) a policy of casualty insurance or an indemnity 
bond subject to tax under section 4371(1), (ii) a policy of life, 
sickness, or accident insurance or an annuity contract subject to tax 
under section 4371(2), or (iii) a policy of reinsurance subject to tax 
under section 4371(3); (3) the identity of the insured (as defined in 
section 4372(d)); (4) the identity of the foreign insurer or reinsurer 
(as defined in section 4372(a)); and (5) the total premium charged and, 
if the premium is to be paid in installments, the amount and anniversary 
date of each such installment.
    (b) The records required under the provisions of this section must 
be kept on file at the place of business or at some other convenient 
location, for a period of at least 3 years from the date any part of the 
tax became due or the date any part of the tax is paid, whichever is 
later, in such manner as to be readily accessible to authorized internal 
revenue officers or employees. The person having control or possession 
of a policy or other instrument subject to tax under section 4371 shall 
retain such policy or other instrument for at least 3 years from the 
date any part of the tax with respect to such policy was paid.

[T.D. 7023, 35 FR 1012, Jan. 24, 1970. Redesignated by T.D. 8328, 56 FR 
189, Jan. 3, 1991, as amended by T.D. 8442, 57 FR 48186, Oct, 22, 1992]





Sec. 46.4374-1   Payment of tax.

    (a) In general. In the case of premiums paid on or after January 1, 
1966, the tax imposed by section 4371 shall be paid on the basis of a 
return. Such tax shall be remitted by the person who makes the payment 
of the premium to a foreign insurer or reinsurer or to any nonresident 
agent, solicitor, or broker. For purposes of this paragraph, the person 
who makes payment means that resident person who actually transfers the 
money, check, or its equivalent to the foreign insurer or reinsurer 
(including transfers to any bank, trust fund, or similar recipient, 
designated by the foreign insurer or reinsurer), or to any nonresident 
agent, solicitor, or broker. (See section 4372(a) for definition of 
foreign insurer or reinsurer.) For persons liable for the tax imposed by 
section 4371, see section 4384 and the regulations thereunder.
    (b) When liability for tax attaches. The liability for the tax 
imposed by section

[[Page 65]]

4371 shall attach at the time the premium payment is transferred to the 
foreign insurer or reinsurer (including transfers to any bank, trust 
fund, or similar recipient, designated by the foreign insurer or 
reinsurer), or to any nonresident agent, solicitor, or broker. A person 
required to remit tax under this section may remit such tax before the 
time the tax attaches if he keeps records consistent with such practice.
    (c) Penalty for failure to pay tax. Any person who on or after 
January 1, 1966, fails to comply with the requirements of paragraph (a) 
of this section with intent to evade the tax shall, in addition to other 
penalties provided therefor, pay a fine of double the amount of tax. 
(See section 7270.)



       Subpart C--Excise Tax on Obligations Not in Registered Form





Sec. 46.4701-1  Tax on issuer of registration-required obligation not in registered form.

    (a) In general. Section 4701 imposes a tax (determined under 
paragraph (c) of this section) on any person (referred to as the issuer) 
who issues an obligation that--
    (1) Is a registration-required obligation, and
    (2) Is not issued in registered form.
    (b) Definitions--(1) Person. The term ``person'' includes all 
governmental entities.
    (2) Obligation. The term ``obligation'' includes bonds debentures, 
notes, certificates and other evidences of indebtedness regardless of 
how denominated.
    (3) Registration-required obligation. The term ``registration-
required obligation'' has the same meaning as when used in section 
163(f) (and the regulations thereunder) which relates to the denial of a 
deduction for interest on certain obligations not in registered form. 
However, the term ``registration-required obligation'' does not include 
any obligation which would otherwise be exempt from Federal income tax 
under section 103(a) or any other provision of law.
    (4) Registered form. The term ``registered form'' has the same 
meaning as when used in section 103(j) (and the regulations thereunder) 
which relates to obligations which must be in registered form to be tax-
exempt.
    (5) Issuer. Except as provided in Sec. 1.163-5T(d) (relating to 
pass-through certificates) and Sec. 1.163-5T(e) (relating to REMICs), 
the ``issuer'' is the person whose interest deduction would be 
disallowed solely by reason of section 163(f)(1).
    (6) Date of Issuance. (i) For obligations intended to be offered to 
the public, the term ``date of issuance'' means the date the obligation 
is first sold to the public at the issue price.
    (ii) For an obligation which is privately placed, the term ``date of 
issuance'' is the date the obligation is first sold by the issuer.
    (7) Issue price. See section 1273 (b) and the regulations thereunder 
for the definition of ``issue price''.
    (c) Rate and computation of tax. The tax under section 4701(a) is 
imposed in an amount equal to the product of--
    (1) 1 percent of the principal amount of the obligation, multiplied 
by
    (2) The number of calendar years (or portions thereof) during the 
period beginning on the date of issuance of the obligation and ending on 
the date of maturity.

For purposes of this paragraph, the term ``principal amount'' for a 
discounted obligation is the issue price, and for all other obligations, 
including obligations sold at a premium, the term ``principal amount'' 
is the stated redemption price at maturity.
    (d) Payment of tax. Every person who incurs liability for the tax 
imposed by section 4701 is required to file a return in accordance with 
section 6011 and Sec. 46.6011(a)-1 relating to the general requirement 
of a return, statement or list.
    (e) Effective date. The provisions of this section shall apply to 
obligations issued after December 31, 1982, unless issued on the 
exercise of a warrant or the conversion of a convertible obligation if 
the warrant or obligation was offered or sold outside the United States 
without registration under the Securities Act of 1933 and was issued 
before August 10, 1982. See section

[[Page 66]]

310(d)(3) of the Tax Equity and Fiscal Responsibility Act of 1982.

[T.D. 8102, 51 FR 33594, Sept. 22, 1986; 51 FR 36392, Oct. 10, 1986, as 
amended by T.D. 8300, 55 FR 19627, May 10, 1990]



PART 47--FLOOR STOCKS TAXES--Table of Contents






                          Subpart A--[Reserved]

Sec.
47.1-1 through 47.1-5  [Reserved]

               Subpart B--Vaccine Floor Stocks Tax of 1993

47.2-1  Scope of this subpart B and effective date.
47.2-2  Definitions relating to the vaccine floor stocks tax.
47.2-3  Imposition of vaccine floor stocks tax.
47.2-4  De minimis exception to vaccine floor stocks tax.
47.2-5  Requirements with respect to payment and return.

      Subpart C--Fuel Floor Stocks Taxes Under the Omnibus Budget 
                       Reconciliation Act of 1993

47.3-1  Scope of this subpart C and effective date.
47.3-2  Definitions relating to the floor stocks taxes under this 
          subpart C.
47.3-3  Imposition of the October 1, 1993, floor stocks tax on fuel held 
          on October 1, 1993.
47.3-4  Exceptions to the October 1, 1993, floor stocks tax.
47.3-5  Requirements with respect to payment and return for the October 
          1, 1993, floor stocks tax.
47.3-6  Imposition of the January 1, 1994, floor stocks tax on diesel 
          fuel held on January 1, 1994.
47.3-7  Exception to the January 1, 1994, floor stocks tax.
47.3-8  Requirements with respect to payment and return for the January 
          1, 1994, floor stocks tax.
47.3-9  Imposition of the October 1, 1995, floor stocks tax on 
          commercial aviation fuel held on October 1, 1995.
47.3-10  Exceptions to the October 1, 1995, floor stocks tax.
47.3-11  Requirements with respect to payment and return for the October 
          1, 1995, floor stocks tax.

    Authority: 26 U.S.C. 7805.
    Section 47.2-5 also issued under section 13421(c) of Pub. L. 103-66 
(107 Stat. 312, 565).

    Source: T.D. 8561, 59 FR 43040, Aug. 22, 1994, unless otherwise 
noted.



                          Subpart A--[Reserved]

Secs. 47.1-1 through 47.1-5  [Reserved]



               Subpart B--Vaccine Floor Stocks Tax of 1993





Sec. 47.2-1  Scope of this subpart B and effective date.

    The regulations in this subpart B relate to the vaccine floor stocks 
tax imposed by section 13421(c) of the Omnibus Budget Reconciliation Act 
of 1993 (Pub. L. 103-66; 107 Stat. 312, 565). The tax is imposed on 
untaxed vaccines held at the last moment of August 10, 1993. The 
regulations in this subpart B describe the specific articles subject to 
tax, the rates of tax, and the persons liable for tax. The regulations 
in this subpart B also provide an exception to the tax and requirements 
for payment of tax and filing a return reporting the tax. The 
regulations in this subpart B are effective on August 10, 1993.





Sec. 47.2-2  Definitions relating to the vaccine floor stocks tax.

    (a) Terms used in section 4131. For purposes of this subpart, terms 
that are also used in section 4131 have the same meaning as when so 
used.
    (b) Other terms. For purposes of this section--
    Act refers to the Omnibus Budget Reconciliation Act of 1993.
    Controlled group means--
    (1) Any controlled group of corporations within the meaning of 
section 1563(a), except that the phrase ``more than 50 percent'' is 
substituted for the phrase ``at least 80 percent'' each place it appears 
therein and a controlled group of corporations includes members that are 
described in section 1563(b)(2) (relating to excluded members); and
    (2) Any other group of organizations, at least one member of which 
is not a corporation, that is a brother-sister group under common 
control or a combined group under common control, with terms having the 
following meanings for this purpose:
    (i) Organization means a sole proprietorship, a partnership, a 
trust, an estate, or a corporation.

[[Page 67]]

    (ii) Brother-sister group under common control means two or more 
organizations if--
    (A) The same five or fewer persons who are individuals, estates, or 
trusts own (directly and with the application of Sec. 1.414(c)-4 of this 
chapter) a controlling interest of each organization;
    (B) Taking into account the ownership of each person only to the 
extent that person's ownership is identical with respect to each 
organization, such persons are in effective control of each 
organization; and
    (C) The five or fewer persons whose ownership is considered for 
purposes of the controlling interest requirement for each organization 
are the same persons whose ownership is considered for purposes of the 
effective control requirement.
    (iii) Controlling interest means--
    (A) In the case of a corporation, ownership of stock possessing at 
least 50 percent of the total combined voting power of all classes of 
stock entitled to vote or at least 50 percent of the total value of the 
shares of all classes of stock of the corporation;
    (B) In the case of a trust or estate, ownership of an actuarial 
interest (determined under Sec. 1.52-1(f) of this chapter) of at least 
50 percent of the trust or estate;
    (C) In the case of a partnership, ownership of at least 50 percent 
of the profit interest or capital interest of the partnership; and
    (D) In the case of a sole proprietorship, ownership of the sole 
proprietorship.
    (iv) Effective control has the meaning given that term in Sec. 1.52-
1(d)(3) of this chapter.
    (v) Combined group under common control has the meaning given that 
term in Sec. 1.52-1(e) of this chapter.





Sec. 47.2-3  Imposition of vaccine floor stocks tax.

    (a) Vaccines subject to tax. Section 13421(c) of the Act imposes a 
floor stocks tax on any taxable vaccine (as defined in section 
4132(a)(1) of the Internal Revenue Code)--
    (1) Which was sold by the manufacturer, producer, or importer on or 
before August 10, 1993;
    (2) On which no tax was imposed under section 4131 (or on which such 
tax was imposed and subsequently credited or refunded); and
    (3) Which is held at the last moment of August 10, 1993, by any 
person for sale or use.
    (b) Rates of tax. The rate of floor stocks tax on each taxable 
vaccine is the rate of tax specified in section 4131(b)(1) of the 
Internal Revenue Code.
    (c) Person liable for tax. The person liable for the floor stocks 
tax on any vaccine subject to tax is the person that holds the vaccine 
at the last moment of August 10, 1993. For purposes of the floor stocks 
tax, a vaccine is held at the last moment of August 10, 1993, by the 
person that has title to the vaccine (whether or not delivery to that 
person has been made) at such time, as determined under applicable local 
law. There is no exemption from the floor stocks tax for the United 
States or for State or local governments. Each business unit that has, 
or is required to have, its own employer identification number is 
treated as a separate person for purposes of the floor stocks tax.





Sec. 47.2-4  De minimis exception to vaccine floor stocks tax.

    (a) De minimis exception--(1) In general. Except as otherwise 
provided in this section, if the aggregate amount of floor stocks tax 
payable by a person does not exceed $1,000, that person is not required 
to report or pay the tax.
    (2) All amounts held subject to tax if threshold exceeded. If the 
aggregate amount of floor stocks tax payable by a person exceeds $1,000, 
that person is required to report and pay the total amount of tax as 
determined without regard to this section.
    (3) Controlled groups. A member of a controlled group (as defined in 
Sec. 47.2-2) is not excepted from reporting and paying floor stocks tax 
under this section if the aggregate amount of floor stocks tax payable 
by all members of the controlled group exceeds $1,000.
    (b) Examples. The following examples illustrate the rules of this 
section:

    Example 1. A holds 50 doses of DPT vaccine and 60 doses of polio 
vaccine on the last moment of August 10, 1993. A is not a member of a 
controlled group. A is not required to report and pay the floor stocks 
tax on any of

[[Page 68]]

the taxable vaccines because the aggregate amount of floor stocks tax 
payable by A (determined without regard to this section) does not exceed 
$1,000 ((50 x $4.56 per dose of DPT vaccine) + (60 x $0.29 per dose of 
polio vaccine) = $245.40).
    Example 2. D, E, and F are members of the same controlled group. On 
the last moment of August 10, 1993, D holds 100 doses of DPT vaccine and 
160 doses of polio vaccine; E holds 80 doses of DPT vaccine, 10 doses of 
MMR vaccine and 60 doses of polio vaccine; and F holds 20 doses of MMR 
vaccine and 10 doses of DT vaccine. Without regard to this section, D is 
liable for a tax of $502.40 ((100 x $4.56 per dose of DPT 
vaccine)+(160 x $0.29 per dose of polio vaccine)); E is liable for a tax 
of $426.60 ((80 x $4.56 per dose of DPT vaccine)+(10 x $4.44 per dose of 
MMR vaccine)+(60 x $0.29 per dose of polio vaccine)); and F is liable 
for a tax of $89.40 ((20 x $4.44 per dose of MMR vaccine)+(10 X $0.06 
per dose of DT vaccine)). Because the aggregate amount of floor stocks 
tax payable by all members of the group ($1,018.40) exceeds $1,000, each 
member of the controlled group must report and pay the floor stocks tax.





Sec. 47.2-5  Requirements with respect to payment and return.

    (a) Payment of tax. The floor stocks tax is to be paid without 
assessment or notice on or before February 28, 1994.
    (b) Filing of return--(1) Form 720. Except as provided in Sec. 47.2-
4(a) (relating to the de minimis exception), every person liable for the 
floor stocks tax must make a return of the tax on Form 720, Quarterly 
Federal Excise Tax Return. The return is to be prepared and filed in 
accordance with the instructions relating to the return.
    (2) Time for filing--(i) In general. The Form 720 required by 
paragraph (b)(1) of this section must be filed on or before February 28, 
1994, and is a return for the fourth calendar quarter of 1993. A first 
return reporting only floor stocks tax is also a final return and 
therefore, in accordance with the instructions to Form 720, the box for 
``final return'' must be marked.
    (ii) Return reporting other taxes. A person must file only one Form 
720 for a quarter. If a person is required under part 40 of this chapter 
to file Form 720 for the fourth calendar quarter of 1993 for other 
excise taxes earlier than February 28, 1994, that person files a single 
Form 720 for the quarter by February 28, 1994. This paragraph (b)(2)(ii) 
does not extend the time for making deposits or paying any excise tax.



      Subpart C--Fuel Floor Stocks Taxes Under the Omnibus Budget 
                       Reconciliation Act of 1993





Sec. 47.3-1  Scope of this subpart C and effective date.

    The regulations in this subpart C relate to the fuel floor stocks 
taxes imposed by sections 13241(h), 13243, and 13245 of the Omnibus 
Budget Reconciliation Act of 1993 (Act). The tax under section 13241(h) 
of the Act is imposed on previously taxed gasoline, diesel fuel, and 
aviation fuel held by any person at the first moment of October 1, 1993 
(the October 1, 1993, floor stocks tax). The tax under section 13243 of 
the Act is imposed on untaxed diesel fuel that does not satisfy the 
requirements of section 4082 (as amended by section 13242 of the Act) 
and that is held by any person at the first moment of January 1, 1994, 
at a point in the distribution chain outside the bulk transfer/terminal 
system (the January 1, 1994, floor stocks tax). The tax under section 
13245 of the Act is imposed on commercial aviation fuel on which tax was 
imposed under section 4091 (even if only at the Leaking Underground 
Storage Tank Trust Fund financing rate) before October 1, 1995, and that 
is held by any person at the first moment of October 1, 1995 (the 
October 1, 1995, floor stocks tax). The regulations in this subpart 
describe the specific fuels subject to tax, the rates of tax, and the 
persons liable for tax. The regulations in this subpart also provide 
exceptions to tax and requirements for payment of tax and filing a 
return reporting tax. This subpart is effective on October 1, 1993.





Sec. 47.3-2  Definitions relating to the floor stocks taxes under this subpart C.

    Act is the Omnibus Budget Reconciliation Act of 1993.
    Aviation fuel is any liquid (other than any product taxable under 
section 4081) that is commonly or commercially known or sold as a fuel 
that is suitable for use in an aircraft.
    Commercial aviation fuel is any aviation fuel that is held for use 
or sale for

[[Page 69]]

use in a business of transporting persons or property for compensation 
or hire by air.
    Controlled group means--
    (1) Any controlled group of corporations within the meaning of 
section 1563(a), except that the phrase ``more than 50 percent'' is 
substituted for the phrase ``at least 80 percent'' each place it appears 
therein and a controlled group of corporations includes members that are 
described in section 1563(b)(2) (relating to excluded members); and
    (2) Any other group of organizations, at least one member of which 
is not a corporation, that is a brother-sister group under common 
control or a combined group under common control, with terms having the 
following meanings for this purpose:
    (i) Organization means a sole proprietorship, a partnership, a 
trust, an estate, or a corporation.
    (ii) Brother-sister group under common control means two or more 
organizations if--
    (A) The same five or fewer persons who are individuals, estates, or 
trusts own (directly and with the application of Sec. 1.414(c)-4 of this 
chapter) a controlling interest of each organization;
    (B) Taking into account the ownership of each person only to the 
extent that person's ownership is identical with respect to each 
organization, such persons are in effective control of each 
organization; and
    (C) The five or fewer persons whose ownership is considered for 
purposes of the controlling interest requirement for each organization 
are the same persons whose ownership is considered for purposes of the 
effective control requirement.
    (iii) Controlling interest means--
    (A) In the case of a corporation, ownership of stock possessing at 
least 50 percent of the total combined voting power of all classes of 
stock entitled to vote or at least 50 percent of the total value of the 
shares of all classes of stock of the corporation;
    (B) In the case of a trust or estate, ownership of an actuarial 
interest (determined under Sec. 1.52-1(f) of this chapter) of at least 
50 percent of the trust or estate;
    (C) In the case of a partnership, ownership of at least 50 percent 
of the profit interest or capital interest of the partnership; and
    (D) In the case of a sole proprietorship, ownership of the sole 
proprietorship.
    (iv) Effective control has the meaning given that term in Sec. 1.52-
1(d)(3) of this chapter.
    (v) Combined group under common control has the meaning given that 
term in Sec. 1.52-1(e) of this chapter.
    Diesel fuel means any liquid (other than gasoline) that is suitable 
for use in a diesel-powered highway vehicle, diesel-powered train, or, 
after December 31, 1993, diesel-powered boat.
    Fuel means gasoline, diesel fuel, and aviation fuel (including after 
September 30, 1995, commercial aviation fuel).
    Gasoline means--
    (1) All products (including gasohol) that are commonly or 
commercially known or sold as gasoline and are suitable for use as a 
motor fuel (other than products that are not sold as gasoline and have 
an American Society for Testing Materials octane number of less than 75 
as determined by the motor method); and
    (2) Gasoline blend stocks (as defined in Sec. 48.4081-1(j) of this 
chapter).
    Person includes each business unit that has, or is required to have, 
its own employer identification number.





Sec. 47.3-3  Imposition of the October 1, 1993, floor stocks tax on fuel held on October 1, 1993.

    (a) Fuels subject to tax. Section 13241(h)(1) of the Act imposes a 
floor stocks tax on gasoline (including gasohol), diesel fuel, and 
aviation fuel--
    (1) On which tax was imposed under section 4081 or 4091 before 
October 1, 1993; and
    (2) That is held at the first moment of October 1, 1993, by any 
person.
    (b) Rate of tax. The rate of the October 1, 1993, floor stocks tax 
is 4.3 cents per gallon.
    (c) Person liable for tax. The person liable for tax on any fuel 
subject to the October 1, 1993, floor stocks tax is the person that 
holds the fuel at the first moment of October 1, 1993. Fuel is held by a 
person if the person has title to the fuel (whether or not delivery to

[[Page 70]]

that person has been made) at such time, as determined under applicable 
local law.





Sec. 47.3-4  Exceptions to the October 1, 1993, floor stocks tax.

    (a) Exception for fuel held for an exempt use--(1) Gasoline. The 
October 1, 1993, floor stocks tax does not apply to gasoline held 
exclusively for an exempt use. In determining whether gasoline is held 
exclusively for an exempt use, the following rules in paragraphs (a)(1) 
(i) through (iii) of this section apply:
    (i) An exempt use, with respect to gasoline, is any use of gasoline 
(other than use in producing gasohol) that is described in section 6420, 
6421, or 6427 and that entitles the ultimate purchaser to a credit or 
payment equal to the tax imposed by section 4081. Thus, for example, 
exempt use of gasoline includes use on a farm for farming purposes; use 
in an off-highway business use; use in certain intercity, local, and 
school buses; exclusive use by a State or local government or nonprofit 
educational organization; and use in commercial aircraft.
    (ii) Gasoline is held exclusively for an exempt use only if the 
person that holds gasoline at the first moment of October 1, 1993, 
actually uses the gasoline in an exempt use.
    (iii) Gasoline is not held exclusively for an exempt use if, at the 
first moment of October 1, 1993, the gasoline is held for resale 
(including resale to a person that will use the gasoline in an exempt 
use). Thus, for example, gasoline held by a gasoline service station for 
sale to a farmer for use on a farm for farming purposes is not exempt 
from the October 1, 1993, floor stocks tax. However, the farmer would be 
eligible to claim an income tax credit for an amount equal to the tax 
under sections 34 and 6420.
    (2) Diesel fuel. The October 1, 1993, floor stocks tax does not 
apply to diesel fuel held exclusively for an exempt use. In determining 
whether diesel fuel is held exclusively for an exempt use, the following 
rules in paragraphs (a)(2) (i) through (iv) of this section apply:
    (i) An exempt use, with respect to diesel fuel, is any use of diesel 
fuel (other than use in producing a diesel fuel/alcohol mixture or as 
fuel in a diesel-powered train) that is described in section 6427 and 
that entitles the ultimate purchaser to a credit or payment equal to the 
tax imposed by section 4091. Thus, for example, exempt uses of diesel 
fuel include use other than as a fuel in a diesel-powered highway 
vehicle (as defined in Sec. 48.4041-8(b)(4) of this chapter), use on a 
farm for farming purposes, exclusive use by a State or local government 
or nonprofit educational organization, and use in an off-highway 
business use.
    (ii) Diesel fuel held for use in a diesel-powered train is not 
exempt from the October 1, 1993, floor stocks tax under this paragraph 
(a)(2) unless the fuel is held by a State or local government. Thus, the 
exemptions for use other than as fuel in a diesel-powered highway 
vehicle and off-highway business use do not apply to fuel used in a 
diesel-powered train. See section 6427(l)(3) as amended by section 13241 
of the Act.
    (iii) Diesel fuel is held exclusively for an exempt use only if the 
person that holds the fuel at the first moment of October 1, 1993, 
actually uses the diesel fuel in an exempt use.
    (iv) Diesel fuel is not held exclusively for an exempt use if, at 
the first moment of October 1, 1993, the diesel fuel is held for resale 
(including resale to a person that will use the diesel fuel in an exempt 
use). Thus, for example, diesel fuel held by a retailer for sale to a 
construction company for use in the construction company's off-road 
machinery is not exempt from the October 1, 1993, floor stocks tax. 
However, the construction company would be eligible to claim a credit or 
payment equal to the tax under section 6427.
    (3) Aviation fuel. The October 1, 1993, floor stocks tax does not 
apply to aviation fuel held exclusively for an exempt use. In 
determining whether aviation fuel is held exclusively for an exempt use, 
the following rules in paragraphs (a)(3) (i) through (iii) of this 
section apply:
    (i) An exempt use, with respect to aviation fuel, is any use of 
aviation fuel that is described in section 6427 and that entitles the 
ultimate purchaser to a credit or payment equal to the tax imposed by 
section 4091. Thus, for example, exempt use of aviation

[[Page 71]]

fuel includes any use on a farm for farming purposes, exclusive use by a 
State or local government or nonprofit educational organization, and use 
other than use as a fuel in an aircraft in noncommercial aviation (as 
defined in section 4041(c)).
    (ii) Aviation fuel is held exclusively for an exempt use only if the 
person that holds the aviation fuel at the first moment of October 1, 
1993, actually uses the aviation fuel in an exempt use.
    (iii) Aviation fuel is not held exclusively for an exempt use if, at 
the first moment of October 1, 1993, the aviation fuel is held for 
resale (including resale to a person that will use the aviation fuel in 
an exempt use). Thus, for example, aviation fuel held by a fixed-base 
operator for sale to an airline for use in commercial aviation is not 
exempt from the October 1, 1993, floor stocks tax. However, the airline 
would be eligible to claim a credit or payment equal to the tax under 
section 6427.
    (b) Exception for gasoline or diesel fuel held in vehicle fuel 
supply tank. The October 1, 1993, floor stocks tax does not apply to 
gasoline or diesel fuel held at the first moment of October 1, 1993, in 
the fuel supply tank of a motor vehicle (as defined in Sec. 48.4041-8(c) 
of this chapter) or motorboat. This exception does not apply to fuel 
held in the fuel supply tank of a train or an aircraft.
    (c) Exception for certain amounts of fuel--(1) In general. The 
October 1, 1993, floor stocks tax does not apply to--
    (i) Gasoline that a person holds at the first moment of October 1, 
1993, if the aggregate amount of gasoline held by that person at that 
moment does not exceed 4,000 gallons; and
    (ii) Diesel fuel or aviation fuel that a person holds at the first 
moment of October 1, 1993, if the aggregate amount of diesel fuel or the 
aggregate amount of aviation fuel held by that person at that moment 
does not exceed 2,000 gallons.
    (2) Additional rules--(i) Coordination with other exemptions. In 
determining the aggregate amount of gasoline, diesel fuel, or aviation 
fuel held by a person at the first moment of October 1, 1993, there is 
excluded the amount of gasoline, diesel fuel, or aviation fuel exempt 
from the October 1, 1993, floor stocks tax by reason of paragraph (a) of 
this section (relating to fuel held for exempt uses), or paragraph (b) 
of this section (relating to gasoline and diesel fuel held in the fuel 
supply tank of a motor vehicle or motorboat).
    (ii) All amounts held subject to tax if threshold exceeded. The 
October 1, 1993, floor stocks tax applies to all amounts of gasoline, 
diesel fuel, or aviation fuel (as the case may be) held by a person (and 
not exempt from tax under paragraph (a) or (b) of this section) if the 
aggregate amount of fuel held by the person at the first moment of 
October 1, 1993, exceeds 4,000 gallons in the case of gasoline or 2,000 
gallons in the case of diesel fuel or aviation fuel.
    (iii) Controlled groups. A member of a controlled group (as defined 
in Sec. 47.3-2) holds more than 4,000 gallons of gasoline if the 
aggregate amount of all gasoline held by all members of the controlled 
group exceeds 4,000 gallons. A member of a controlled group holds more 
than 2,000 gallons of diesel fuel or aviation fuel if the aggregate 
amount of all diesel fuel or aviation fuel, as the case may be, held by 
all members of the controlled group exceeds 2,000 gallons.
    (3) Examples. The following examples illustrate the rules of this 
section:

    Example 1. On October 1, 1993, A holds 10,000 gallons of gasoline, 
6,000 gallons of which are held exclusively for use on a farm for 
farming purposes. The remaining 4,000 gallons are held for use in A's 
highway vehicles. A is not a member of a controlled group. A is not 
liable for the floor stocks tax on any of the 10,000 gallons because the 
aggregate amount of fuel held by A for uses other than exempt uses does 
not exceed 4,000 gallons.
    Example 2. On October 1, 1993, B holds 1,900 gallons of diesel fuel 
and 3,900 gallons of gasoline. B is not a member of a controlled group. 
B is not liable for the floor stocks tax on diesel fuel because B's 
holdings of diesel fuel do not exceed 2,000 gallons. B is not liable for 
the floor stocks tax on gasoline because B's holdings of gasoline do not 
exceed 4,000 gallons.
    Example 3. On October 1, 1993, C holds 4,100 gallons of gasoline for 
resale at a service station. C is liable for a floor stocks tax of 
$176.30 (4,100 X $.043) on that gasoline.

[[Page 72]]





Sec. 47.3-5  Requirements with respect to payment and return for the October 1, 1993, floor stocks tax.

    (a) Payment of tax. The October 1, 1993, floor stocks tax is to be 
paid without assessment or notice on or before November 30, 1993.
    (b) Filing of returns--(1) Form 720. Every person liable for the 
October 1, 1993, floor stocks tax must make a return of the tax on Form 
720, Quarterly Federal Excise Tax Return. The return is to be prepared 
and filed in accordance with the instructions relating to the return.
    (2) Time for filing--(i) In general. The Form 720 required by 
paragraph (b)(1) of this section must be filed on or before November 30, 
1993, and is a return for the third calendar quarter of 1993. A first 
return reporting only the October 1, 1993, floor stocks tax is also a 
final return and therefore, in accordance with the instructions to Form 
720, the box for ``final return'' must be marked.
    (ii) Return reporting other taxes. A person must file only one Form 
720 for a quarter. If a person is required under part 40 of this chapter 
to file Form 720 for the third calendar quarter of 1993 for other excise 
taxes earlier than November 30, 1993, that person files a single Form 
720 for the quarter on or before November 30, 1993. This paragraph 
(b)(2)(ii) does not extend the time for making deposits or paying any 
excise tax.





Sec. 47.3-6  Imposition of the January 1, 1994, floor stocks tax on diesel fuel held on January 1, 1994.

    (a) Fuel subject to tax. Section 13243 of the Act imposes a floor 
stocks tax on diesel fuel held at the first moment of January 1, 1994, 
by any person if--
    (1) No tax was imposed on the diesel fuel under section 4041(a) or 
4091 as in effect on December 31, 1993; and
    (2) Tax would have been imposed by section 4081, as amended by 
section 13242 of the Act, on any prior removal, entry, or sale of the 
diesel fuel had section 4081 applied to the diesel fuel for periods 
before January 1, 1994.
    (b) Rate of tax. The rate of the January 1, 1994, floor stocks tax 
is 24.4 cents per gallon.
    (c) Person liable for tax. The person liable for tax on any diesel 
fuel subject to the January 1, 1994, floor stocks tax is the wholesale 
distributor or other registered producer, recreational boat operator, or 
other person that holds the fuel at the first moment of January 1, 1994. 
Fuel is held by a person if the person has title to the fuel (whether or 
not delivery to that person has been made) at such time, as determined 
under applicable local law.





Sec. 47.3-7  Exception to the January 1, 1994, floor stocks tax.

    (a) In general. The January 1, 1994, floor stocks tax does not apply 
to diesel fuel held exclusively for an exempt use. In determining 
whether diesel fuel is held exclusively for an exempt use, the following 
rules apply:
    (1) An exempt use, with respect to diesel fuel, is any use of diesel 
fuel (other than in producing a diesel fuel/alcohol mixture or as fuel 
in a diesel-powered train) that is described in section 6427 (as in 
effect on January 1, 1994) and that would entitle the ultimate purchaser 
to a credit or payment equal to any tax imposed by section 4081 (as in 
effect on such date). Thus, for example, exempt uses of diesel fuel 
include use other than as a fuel in a diesel-powered highway vehicle (as 
defined in Sec. 48.4041-8(b)(4) of this chapter), use on a farm for 
farming purposes, exclusive use by a State or local government or 
nonprofit educational organization, and use in an off-highway business 
use.
    (2) Diesel fuel held for use in a diesel-powered train is not exempt 
from the January 1, 1994, floor stocks tax under paragraph (a)(1) of 
this section unless the fuel is held by a State or local government. 
Thus, the exemptions for use other than as fuel in a diesel-powered 
highway vehicle and off-highway business use do not apply to fuel used 
in a diesel-powered train. For circumstances in which diesel fuel held 
for use in a diesel-powered train may be exempt from the January 1, 
1994, floor stocks tax, see paragraph (b) of this section (relating to 
the exemption for dyed fuel) and Sec. 47.3-6(a)(1), which exempts fuel 
that was previously taxed under section 4041(a) or 4091 (as in effect on 
December 31, 1993).
    (3) Diesel fuel is held exclusively for an exempt use only if the 
person that

[[Page 73]]

holds the fuel at the first moment of January 1, 1994, actually uses the 
diesel fuel in an exempt use.
    (4) Diesel fuel is not held exclusively for an exempt use if, at the 
first moment of January 1, 1994, the diesel fuel is held for resale 
(including resale to a person that will use the diesel fuel in an exempt 
use). Thus, for example, except in the case of dyed fuel described in 
paragraph (b) of this section, diesel fuel held by a heating oil 
retailer for sale for use as home heating oil is not exempt from the 
January 1, 1994, floor stocks tax. However, a homeowner who uses the 
fuel for heating purposes would be eligible to claim a credit or may be 
eligible for a payment equal to the tax under section 6427.
    (b) Exception for dyed fuel. The January 1, 1994, floor stocks tax 
does not apply to diesel fuel that satisfies the dyeing requirements of 
Sec. 48.4082-1T(b) of this chapter by March 31, 1994, or by the time the 
fuel is sold by the person holding the fuel at the first moment of 
January 1, 1994, whichever is earlier. Thus, for example, diesel fuel 
held by a heating oil retailer for sale for use as home heating oil is 
exempt from the January 1, 1994, floor stocks tax if the retailer or 
another person has dyed the fuel and the fuel satisfies the requirements 
of Sec. 48.4082-1T(b) of this chapter.





Sec. 47.3-8  Requirements with respect to payment and return for the January 1, 1994, floor stocks tax.

    (a) Payment of tax. The January 1, 1994, floor stocks tax is to be 
paid without assessment or notice on or before July 31, 1994.
    (b) Filing of returns--(1) Form 720. Every person liable for the 
January 1, 1994, floor stocks tax must make a return of the tax on Form 
720, Quarterly Federal Excise Tax Return. The return is to be prepared 
and filed in accordance with the instructions relating to the return.
    (2) Time for filing--(i) In general. The Form 720 required by 
paragraph (b)(1) of this section must be filed on or before July 31, 
1994, and is a return for the second calendar quarter of 1994. A first 
return reporting only January 1, 1994, floor stocks tax is also a final 
return and therefore, in accordance with the instructions to Form 720, 
the box for ``final return'' must be marked.
    (ii) Return reporting other taxes. A person must file only one Form 
720 for a quarter. If a person is required under part 40 of this chapter 
to file Form 720 for the second calendar quarter of 1994 for other 
excise taxes on or before August 31, 1994, that person files a single 
Form 720 for the quarter on or before August 31, 1994. This paragraph 
(b)(2)(ii) does not extend the time for making deposits or paying any 
excise tax.





Sec. 47.3-9  Imposition of the October 1, 1995, floor stocks tax on commercial aviation fuel held on October 1, 1995.

    (a) Fuel subject to tax. Section 13245 of the Act imposes a floor 
stocks tax on commercial aviation fuel on which tax was imposed under 
section 4091 before October 1, 1995, and which is held on the first 
moment of that date by any person. Tax is imposed under section 4091 
even if imposed only at the Leaking Underground Storage Tank Trust Fund 
financing rate under that section.
    (b) Rate of tax. The rate of the October 1, 1995, floor stocks tax 
is 4.3 cents per gallon.
    (c) Person liable for tax. The person liable for tax on any 
commercial aviation fuel subject to the October 1, 1995, floor stocks 
tax is the person that holds the commercial aviation fuel at the first 
moment of October 1, 1995. Fuel is held by a person if the person has 
title to the fuel (whether or not delivery to that person has been made) 
at such time, as determined under applicable local law.





Sec. 47.3-10  Exceptions to the October 1, 1995, floor stocks tax.

    (a) Exception for commercial aviation fuel held for use as supplies 
for vessels or aircraft. The October 1, 1995, floor stocks tax does not 
apply to commercial aviation fuel held exclusively for use as supplies 
for vessels or aircraft within the meaning of section 4221(d)(3). In 
determining whether commercial aviation fuel is held exclusively for 
such use, the following rules in paragraphs (a) (1) and (2) of this 
section apply:

[[Page 74]]

    (1) Commercial aviation fuel is held exclusively for use as supplies 
for vessels or aircraft only if the person that holds the commercial 
aviation fuel at the first moment of October 1, 1995, actually uses the 
aviation fuel in that exempt use.
    (2) Commercial aviation fuel is not held exclusively for use as 
supplies for vessels or aircraft if, at the first moment of October 1, 
1995, the commercial aviation fuel is held for resale (including resale 
to a person that will use the aviation fuel as supplies for vessels or 
aircraft). Thus, for example, commercial aviation fuel held by a fixed 
base operator for sale to an airline for use in foreign trade is not 
exempt from the October 1, 1995, floor stocks tax. However, the airline 
would be eligible to claim a credit or payment equal to the tax under 
section 6427.
    (b) Exception for certain amounts of fuel--(1) In general. The 
October 1, 1995, floor stocks tax does not apply to commercial aviation 
fuel that a person holds at the first moment of October 1, 1995, if the 
aggregate amount of commercial aviation fuel held by that person at that 
moment does not exceed 2,000 gallons.
    (2) Additional rules relating to the 2,000 gallon exception--(i) 
Coordination with other exemptions. In determining the aggregate amount 
of commercial aviation fuel held by a person at the first moment of 
October 1, 1995, there is to be excluded the amount of commercial 
aviation fuel exempt from the October 1, 1995, floor stocks tax by 
reason of paragraph (a) of this section (relating to fuel held for an 
exempt use).
    (ii) All amounts held subject to tax if threshold exceeded. The 
October 1, 1995, floor stocks tax applies to all amounts of commercial 
aviation fuel held by a person (and not exempt from tax under paragraph 
(a) of this section) if the aggregate amount of commercial aviation fuel 
held by the person at the first moment of October 1, 1995, exceeds 2,000 
gallons.
    (iii) Controlled groups. A member of a controlled group (as defined 
in Sec. 47.3-2) holds more than 2,000 gallons of commercial aviation 
fuel if the aggregate amount of all commercial aviation fuel held by all 
members of the controlled group exceeds 2,000 gallons.
    (3) Example. The following example illustrates the rules of this 
paragraph (b):

    Example. D, E, and F are members of the same controlled group. On 
October 1, 1995, D holds 2,000 gallons of commercial aviation fuel. E 
holds 1,500 gallons of commercial aviation fuel, and F holds 500 gallons 
of commercial aviation fuel. None of the commercial aviation fuel is 
held for an exempt use. Because the aggregate amount held by all members 
of the group is 4,000 gallons, which exceeds 2,000 gallons, all 
commercial aviation fuel held by each member is subject to the floor 
stocks tax. Thus, D is liable for tax of $86.00 (2,000 x $.043), E is 
liable for tax of $64.50 (1,500 x $.043), and F is liable for tax of 
$21.50 (500 x $.043).





Sec. 47.3-11  Requirements with respect to payment and return for the October 1, 1995, floor stocks tax.

    (a) Payment of tax. The October 1, 1995, floor stocks tax is to be 
paid without assessment or notice on or before April 30, 1996.
    (b) Filing of returns--(1) Form 720. Every person liable for the 
October 1, 1995, floor stocks tax must make a return of the tax on Form 
720, Quarterly Federal Excise Tax Return. The return is to be prepared 
and filed in accordance with the instructions relating to the return.
    (2) Time for filing--(i) In general. The Form 720 required by 
paragraph (b)(1) of this section must be filed on or before April 30, 
1996, and is a return for the first calendar quarter of 1996. A first 
return reporting only October 1, 1995, floor stocks tax is also a final 
return and therefore, in accordance with the instructions to Form 720, 
the box for ``final return'' must be marked.
    (ii) Return reporting other taxes. A person must file only one Form 
720 for a quarter. If a person is required under part 40 of this chapter 
to file Form 720 for the first calendar quarter of 1996 for other excise 
taxes on or before May 31, 1996, that person files a single Form 720 for 
the quarter on or before May 31, 1996. This paragraph (b)(2)(ii) does 
not extend the time for making deposits or paying any excise tax.


[[Page 75]]





PART 48--MANUFACTURERS AND RETAILERS EXCISE TAXES--Table of Contents






                         Subpart A--Introduction

48.0-1  Introduction.
48.0-2  General definitions and attatchment of tax.
48.0-3  Exemption certificates.

                         Subpart B-E--[Reserved]

                        Subpart F--Special Fuels

48.4041-0  Applicability of regulations relating to diesel fuel after 
          December 31, 1993.
48.4041-3  Application of tax on sales of special motor fuel for use in 
          motor vehicles and motorboats.
48.4041-4  Application of tax on sales of liquid for use as fuel in 
          aircraft in noncommercial aviation.
48.4041-5  Sales of diesel and special motor fuels and fuel for use in 
          aircraft; rules of general application.
48.4041-6  Application of tax on use of taxable liquid fuel.
48.4041-7  Dual use of taxable liquid fuel.
48.4041-8  Definitions.
48.4041-9  Exemption for farm use.
48.4041-10  Exemption for use as supplies for vessels or aircraft.
48.4041-11  Tax-free sales of fuel for use in noncommercial aviation 
          only if sellers and certain purchasers are registered.
48.4041-12  Sales by United States; etc.
48.4041-13  Other credits or refunds.
48.4041-14  Exemption for sale to or use by certain aircraft museums.
48.4041-15  Sales to States or political subdivisions thereof.
48.4041-16  Sales for export.
48.4041-17  Tax-free retail sales to certain nonprofit educational 
          organizations.
48.4041-18  Fuels containing alcohol.
48.4041-19  Exemption for qualified methanol and ethanol fuel.
48.4041-20  Partially exempt methanol and ethanol fuel.
48.4041-21  Compressed natural gas (CNG).

                Subpart G--Fuel Used on Inland Waterways

48.4042-1  Tax on fuel used in commercial waterway transportation.
48.4042-2  Special rules.
48.4042-3  Certain types of commercial waterway transportation excluded.

 Subpart H--Motor Vehicles, Tires, Tubes, Tread Rubber, and Taxable Fuel

                      Automotive and Related Items

                             motor vehicles

48.4061(a)  [Reserved]
48.4061(a)-1  Imposition of tax; exclusion for light-duty trucks, etc.
48.4061(a)-2  Bonding of importers.
48.4061(a)-3  Definitions.
48.4061(a)-4  Parts or accessories sold on or in connection with 
          chassis, bodies, etc.
48.4061(a)-5  Sale of automobile truck bodies and chassis.
48.4061(b)  [Reserved]
48.4061(b)-1  Imposition of tax.
48.4061(b)-2  Definition of parts or accessories.
48.4061(b)-3  Rebuilt, reconditioned, or repaired parts or accessories.
48.4061-1  Temporary regulations with respect to floor stock refunds or 
          credits on cement mixers.
48.4062(a)  [Reserved]
48.4062(a)-1  Specific parts or accessories.
48.4062(b)  [Reserved]
48.4062(b)-1  Rebuilt parts or accessories sold on an exchange basis.
48.4063-1  Tax-free sales of bodies to chassis manufacturers.
48.4063-2  Tax-free sales of parts or accessories sold for resale on or 
          in connection with the first retail sale of a light-duty 
          truck.
48.4063-3  Other tax-free sales.
48.4064-1  Gas guzzler tax.

                     Tires, Tubes, and Tread Rubber

48.4071-1  Imposition and rates of tax.
48.4071-2  Determination of weight.
48.4071-3  Imposition of tax on tires and tubes delivered to 
          manufacturer's retail outlet.
48.4071-4  Original equipment tires on imported articles.
48.4072-1  Definitions.
48.4073  [Reserved]
48.4073-1  Exemption of tires of certain sizes.
48.4073-2  Exemption of tires with internal wire fastening.
48.4073-3  Exemption of tread rubber used for recapping nonhighway 
          tires.
48.4073-4  Other tax-free sales.

                              Taxabel Fuel

48.4081-1  Taxable fuel; definitions.
48.4081-2  Taxable fuel; tax on removal at a terminal rack.
48.4081-3  Taxable fuel; taxable events other than removal at the 
          terminal rack.
48.4081-4  Gasoline; special rules for gasoline blendstocks.
48.4081-5  Taxable fuel; notification certificate of taxable fuel 
          registrant.
48.4081-6  Gasoline; gasohol.

[[Page 76]]

48.4081-7  Taxable fuel; conditions for refunds of taxable fuel tax 
          under section 4081(e).
48.4081-8  Taxable fuel; measurement.
48.4081-9  Gasoline tax; rules applicable after June 30, 1991, and 
          before January 1, 1993.
48.4082-1  Diesel fuel tax; exemption.
48.4082-2  Diesel fuel tax; notice required with respect to dyed diesel 
          fuel.
48.4082-3  Diesel fuel; visual inspection devices. [Reserved]
48.4082-4  Diesel fuel; back-up tax.
48.4082-5T  Diesel fuel; Alaska (temporary).
48.4083-1  Taxable fuel; administrative authority.
48.4101-1  Registration.
48.4101-2  Information reporting.
48.4102-1  Inspection of records by State or local tax officers.

                             Subpart I--Coal

48.4121-1  Imposition and rate of tax on coal.

                          Subpart J--[Reserved]

                        Subpart K--Sporting Goods

48.4161(a)  [Reserved]
48.4161(a)-1  Imposition and rate of tax; fishing equipment.
48.4161(a)-2  Meaning of terms.
48.4161(a)-3  Parts and accessories.
48.4161(a)-4  Use considered sale.
48.4161(a)-5  Tax-free sales.
48.4161(b)  [Reserved]
48.4161(b)-1  Imposition and rates of tax; bows and arrows.
48.4161(b)-2  Meaning of terms.
48.4161(b)-3  Use considered sale.
48.4161(b)-4  Tax-free sales.
48.4161(b)-5  Effective date.

                          Subpart L--[Reserved]

     Subpart M--Special Provisions Applicable to Manufacturers Taxes

48.4216(a)-1  Charges to be included in sale price.
48.4216(a)-2  Exclusions from sale price.
48.4216(a)-3  Other items relating to tax on sale price.
48.4216(b)-1  Constructive sale price; scope and application.
48.4216(b)-2  Constructive sale price; basic rules.
48.4216(b)-3  Constructive sale price; special rule for arm's length 
          sales.
48.4216(b)-4  Constructive sale price; affiliated corporations.
48.4216(c)-1  Computation of tax on leases and installment sales.
48.4216(d)-1  Sales of installment accounts.
48.4216(e)-1  Exclusion of local advertising charges from sale price.
48.4216(e)-2  Limitation on aggregate of exclusions and price 
          readjustments.
48.4216(e)-3  No exclusion or readjustment for other advertising charges 
          or reimbursements.
48.4216(f)-1  Value of used components excluded from price of certain 
          trucks.
48.4217-1  Lease considered as sale.
48.4217-2  Limitation on amount of tax applicable to certain leases.

             Use by Manufacturer or Importer Considered Sale

48.4218-1  Tax on use by manufacturer, producer, or importer.
48.4218-2  Business or personal use of articles.
48.4218-3  Events subsequent to taxable use of article.
48.4218-4  Use in further manufacture.
48.4218-5  Computation of tax.

   Application of Tax in Case of Sales by Other Than Manufacturer or 
                                Importer

48.4219-1  Sales of taxable articles by a person other than the 
          manufacturer, producer, or importer.

                Subpart N--Exemptions, Registration, Etc.

48.4221-1  Tax-free sales; general rule.
48.4221-2  Tax-free sale of articles to be used for, or resold for, 
          further manufacture.
48.4221-3  Tax-free sale of articles for export, or for resale by the 
          purchaser to a second purchaser for export.
48.4221-4  Tax-free sale of articles for use by the purchaser as 
          supplies for vessels or aircraft.
48.4221-5  Tax-free sale of articles to State and local governments for 
          their exclusive use.
48.4221-6  Tax-free sales of articles to non-profit educational 
          organizations.
48.4221-7  Tax-free sales of tires and tubes.
48.4221-8  Tax-free sales of tires, tubes, and tread rubber used on 
          intercity, local, and school buses.
48.4222(a)-1  Registration.
48.4222(b)-1  Exceptions to the requirement for registration.
48.4222(c)-1  Revocation or suspension of registration.
48.4222(d)-1  Registration in the case of certain other exemptions.
48.4223-1  Special rules relating to further manufacture.
48.4225-1  Exemption of articles manufactured or produced by Indians.

   Subpart O--Refunds and Other Administrative Provisions of Special 
            Application to Retailers and Manufacturers Taxes

48.6412-1  Floor stocks credit or refund.
48.6412-2  Definitions for purposes of floor stocks credit or refund.

[[Page 77]]

48.6412-3  Amount of tax paid on each article.
48.6416(a)-1  Claims for credit or refund of overpayments of taxes on 
          special fuels and manufacturers taxes.
48.6416(a)-2  Credit or refund of tax on special fuels.
48.6416(a)-3  Credit or refund of manufacturers tax under chapter 32.
48.6416(b)(1)-1  Price readjustments causing overpayments of 
          manufacturers tax.
48.6416(b)(1)-2  Determination of price readjustments.
48.6416(b)(1)-3  Readjustment for local advertising charges.
48.6416(b)(1)-4  Supporting evidence required in case of price 
          readjustments.
48.6416(b)(2)-1  Certain exportations, uses, sales, or resales causing 
          overpayments of tax.
48.6416(b)(2)-2  Exportations, uses, sales, and resales included.
48.6416(b)(2)-3  Supporting evidence required in case of manufacturers 
          tax involving exportations, uses, sales, or resales.
48.6416(b)(2)-4  Supporting evidence required in case of special fuels 
          tax involving exportations, uses, sales, or resales of special 
          fuels.
48.6416(b)(3)-1  Tax-paid articles used for further manufacture and 
          causing overpayments of tax.
48.6416(b)(3)-2  Further manufacture included.
48.6416(b)(3)-3  Supporting evidence required in case of tax-paid 
          articles used for further manufacture.
48.6416(b)(4)-1  Tax-paid tires or inner tubes used for further 
          manufacture.
48.6416(b)(5)-1  Return of installment accounts causing overpayments of 
          tax.
48.6416(c)-1  Credit for tax paid on tires or, prior to January 1, 1984, 
          inner tubes.
48.6416(e)-1  Refund to exporter or shipper.
48.6416(f)-1  Credit on returns.
48.6416(h)-1  Accounting procedures for like articles.
48.6420-1  Credits or payments to ultimate purchaser of gasoline used on 
          a farm.
48.6420-2  Time for filing claim for credit or payment.
48.6420-3  Exempt sales; other payments or refunds available.
48.6420-4  Meaning of terms.
48.6420-5  Applicable laws.
48.6420-6  Records to be kept in substantiation of credits or payments.
48.6420-7  Cross references.
48.6420(a)-2  Gasoline includible in claim.
48.6420(c)-2  Payment under section 6420 to be made to aerial 
          applicators in certain cases.
48.6421-0  Off-highway business use.
48.6421-1  Credits or payments to ultimate purchaser of gasoline used 
          for certain nonhighway purposes.
48.6421-2  Credits or payments to ultimate purchasers of gasoline used 
          in intercity, local, or school buses.
48.6421-3  Time for filing claim for credit or payment.
48.6421-4  Meaning of terms.
48.6421-5  Exempt sales; other payments or refunds available.
48.6421-6  Applicable laws.
48.6421-7  Records to be kept in substantiation of credits or payments.
48.6427-0  Off-highway business use.
48.6427-1  Credit or payments to purchaser of special fuels resold or 
          used for nontaxable, farming, or other purposes.
48.6427-2  Credits or payments to purchaser of diesel or special motor 
          fuels used in intercity, local, or school buses.
48.6427-3  Time for filing claim for credit or payment.
48.6427-4  Applicable laws.
48.6427-5  Records to be kept in substantiation of credits or payments.
48.6427-6  Limitation on credit or refund of tax paid on fuel used in 
          intercity, local or shcool buses after July 31, 1984.
48.6427-8  Claims by ultimate purchasers with respect to diesel fuel 
          taxed after December 31, 1993.
48.6427-9  Claims by registered ultimate vendors with respect to diesel 
          fuel taxed after December 31, 1993.
48.6715-1  Penalty for misuse of dyed diesel fuel.
48.6715-2T  Application of section 6715(a)(3) to Alaska (temporary).

    Authority: 26 U.S.C. 7805, unless otherwise noted.

    Section 48.4064-1(b)(3) also issued under 26 U.S.C. 
4064(b)(1)(C)(iii);

    Section 48.4064-1(d)(3)(iii) also issued under 26 U.S.C. 4064(d)(1);

    Section 48.4064-1(d)(5) also issued under 26 U.S.C. 4064(d)(2);

    Section 48.4081-4 also issued under 26 U.S.C. 4083(a)(2).
    Section 48.4081-6 also issued under 26 U.S.C. 4081(c);

    Sections 48.4081-7 and 48.4081-9(e) also issued under 26 U.S.C. 
4081(e)

    Section 48.4082-1 also issued under 26 U.S.C. 4082.
    Section 48.4082-2 also issued under 26 U.S.C. 4082.
    Section 48.4082-5T also issued under 26 U.S.C. 4082.
    Section 48.4101-1 also issued under 26 U.S.C. 4101(a).
    Section 48.4101-2 also issued under 26 U.S.C. 4101(d).
    Section 48.4221-3(e) also issued under 26 U.S.C. 4221(a).

    Section 48.6416(b)(2)-2(b) also issued under 26 U.S.C. 6416(b).

[[Page 78]]

    Section 48.6427-8 also issued under 26 U.S.C. 6427(n).
    Section 48.6427-9 also issued under 26 U.S.C. 6427(n).

    Editorial Note: At 24 FR 3186, Apr. 24, 1959, the Acting Secretary 
of the Treasury authorized an exemption from the tax imposed by section 
4191 of the Internal Revenue Code of 1954 (68A Stat. 491; 26 U.S.C. 
4191) on any payment made under leases of business machines directly to 
the United States for its exclusive use to which section 4217(b) of the 
Internal Revenue Code of 1954, as added by section 117(a) of the Excise 
Tax Technical Changes Act of 1958 (72 Stat. 1280), is applicable: 
Provided, That there is included in the lease agreement a statement to 
the effect that the agreement is a lease of business machines directly 
to the United States for its exclusive use and qualifies for exemption 
under the order of the Secretary of the Treasury dated April 20, 1959, 
authorized by section 4293 of the Internal Revenue Code of 1954. As used 
in this authorization, the phrase ``leases of business machines directly 
to the United States'' does not include leases of business machines 
entered into by a contractor or person other than an officer or employee 
of the United States who is authorized to execute contracts for or on 
behalf of the United States.

(Sec. 4293, 68A Stat. 511; 26 U.S.C. 4293)



                         Subpart A--Introduction





Sec. 48.0-1  Introduction.

    The regulations in this part 48 are designated ``Manufacturers and 
Retailers Excise Tax Regulations.'' The regulations relate to the excise 
taxes imposed by chapter 31 and 32 of the Internal Revenue Code. Chapter 
31 (relating to retail taxes) imposes tax on certain luxury items, 
special fuels, fuel used in commercial transportation on inland 
waterways, and heavy trucks and trailers. Chapter 32 (relating to 
manufacturers taxes) imposes tax on gas guzzler automobiles, highway-
type tires, taxable fuel, aviation fuel, coal, certain vaccines, and 
sporting goods. Although chapter 32 also imposes a tax on firearms, this 
tax is under the jurisdiction of the Bureau of Alcohol, Tobacco, and 
Firearms. See part 40 of this chapter for regulations relating to 
returns, payments, and deposits of taxes imposed by chapters 31 and 32 
(other than the tax on firearms imposed by section 4181).

 [T.D. 8442, 57 FR 48186, Oct. 22, 1992, as amended by T.D. 8659, 61 FR 
10453, Mar. 14, 1996]





Sec. 48.0-2   General definitions and attachment of tax.

    (a) Meaning of terms. As used in the regulations in this part, 
unless otherwise expressly indicated:
    (1) The terms defined in the provisions of law contained in the 
regulations in this part shall have the meanings so assigned to them.
    (2) The term district director means district director of internal 
revenue for an internal revenue district. The term also includes, where 
appropriate, the Director of International Operations.
    (3) The term calendar quarter means a period of 3 calendar months 
ending on March 31, June 30, September 30, or December 31.
    (4)(i) The term manufacturer includes any person who produces a 
taxable article from scrap, salvage, or junk material, or from new or 
raw material, by processing, manipulating, or changing the form of an 
article or by combining or assembling two or more articles. The term 
also includes a ``producer'' and an ``importer''. An ``importer'' of a 
taxable article is any person who brings such an article into the United 
States from a source outside the United States, or who withdraws such an 
article from a customs bonded warehouse for sale or use in the United 
States. If the nominal importer of a taxable article is not its 
beneficial owner (for example, the nominal importer is a customs broker 
engaged by the beneficial owner), the beneficial owner is the 
``importer'' of the article for purposes of chapter 32 and is liable for 
tax on his sale or use of the article in the United States. See section 
4219 and the regulations thereunder for the circumstances under which 
sales by persons other than the manufacturer or importer are subject to 
the manufacturers excise tax.
    (ii) Under certain circumstances, as where a person manufactures or 
produces a taxable article for another person who furnishes materials 
under an agreement whereby the person who furnished the materials 
retains title

[[Page 79]]

thereto and to the finished article, the person for whom the taxable 
article is manufactured or produced, and not the person who actually 
manufactures or produces it, will be considered the manufacturer.
    (iii) A manufacturer who sells a taxable article in a knockdown 
condition is liable for the tax as a manufacturer. Whether the person 
who buys such component parts and assembles a taxable article from them 
will also be liable for tax as a further manufacturer of a taxable 
article will depend on the relative amount of labor, material, and 
overhead required to assemble the completed article and on whether the 
article is assembled for a business or personal use. See section 4218 
and the regulations thereunder.
    (5) The term sale means an agreement whereby the seller transfers 
the property (that is, the title or the substantial incidents of 
ownership) in goods to the buyer for a consideration called the price, 
which may consist of money, services, or other things.
    (6) The term taxable article means any article taxable under section 
4041 or Chapter 32, Subtitle D, of the Code.
    (7) The term vendor includes a lessor except that, with respect to 
the manufacturers excise taxes, this rule applies only where the lessor 
is also the manufacturer of the article.
    (8) The term purchaser includes a lessee except that, with respect 
to the manufacturers excise taxes, this rule applies only where the 
lessor is also the manufacturer of the article.
    (9) The term exporter means the person named as shipper or consignor 
in the export bill of lading.
    (10) The term exportation means the severance of an article from the 
mass of things belonging within the United States with the intention of 
uniting it with the mass of things belonging within some foreign country 
or within a possession of the United States.
    (11) The term possession of the United States includes Guam, the 
Midway Islands, Palmyra, the Panama Canal Zone, the Commonwealth of 
Puerto Rico, American Samoa, the Virgin Islands, and Wake Island.
    (b) Attachment of tax. (1) For purposes of this part, the 
manufacturers excise tax generally attaches when the title to the 
article sold passes from the manufacturer to a purchaser, and the 
retailers excise tax generally attaches when the title to the article 
sold passes from the retailer to a purchaser.
    (2) When title passes is dependent upon the intention of the parties 
as gathered from the contract of sale and the attendant circumstances. 
In the absence of expressed intention, the legal rules of presumption 
followed in the jurisdiction where the sale is made govern in 
determining when title passes.
    (3) In the case of a sale on credit, the tax attaches whether or not 
the purchase price is actually collected.
    (4) Where a consignor (such as a manufacturer) consigns articles to 
a consignee (such as a dealer), retaining ownership in them until they 
are disposed of by the consignee, title does not pass, and the tax does 
not attach, until sale by the consignee. Where the relationship between 
a manufacturer and a dealer is that of principal and agent, title does 
not pass, and the tax does not attach, until sale by the dealer.
    (5) In the case of a lease, an installment sale, a conditional sale, 
or a chattel mortgage arrangement or similar arrangement creating a 
security interest, a proportionate part of the tax attaches to each 
payment. See section 4217 and the regulations thereunder for a 
limitation on the amount of tax payable on lease payments.
    (6) In the case of use by the manufacturer, the tax attaches at the 
time the use begins.

[T.D. 7536, 43 FR 13515, Mar. 31, 1978]





Sec. 48.0-3  Exemption certificates.

    Several sections of the regulations in this part, relating to sales 
exempt from retailers or manufacturers excise tax, require the retailer 
or manufacturer (as the case may be) to obtain an exemption certificate 
from the purchaser to substantiate the exempt character of the sale. 
Many of these sections also contain specimen forms of acceptable 
exemption certificates. However, any form of exemption certificate will 
be acceptable if it includes all the information required to be 
contained in such a certificate by the pertinent sections of the 
regulations in this part. If

[[Page 80]]

it contains all the required information, a form of exemption 
certificate that is processed by data processing equipment is 
acceptable.

[T.D. 7536, 43 FR 13516, Mar. 31, 1978. Redesignated by T.D. 8043, 50 FR 
32014, Aug. 8, 1985]



                        Subparts B-E--[Reserved]



                        Subpart F--Special Fuels

    Source: T.D. 6505, 25 FR 11217, Nov. 26, 1960, unless otherwise 
noted.





Sec. 48.4041-0  Applicability of regulations relating to diesel fuel after December 31, 1993.

    Sections 48.4041-3 through 48.4041-17 do not apply to sales or uses 
of diesel fuel after December 31, 1993. For rules relating to the diesel 
fuel tax imposed by section 4041 after that date, see Sec. 48.4082-4.

[T.D. 8659, 61 FR 10453, Mar. 14, 1996]





Sec. 48.4041-3  Application of tax on sales of special motor fuel for use in motor vehicles and motorboats.

    (a) In general. The tax imposed by paragraph (2)(A) of section 4041 
(a), (or before April 1, 1983, paragraph (1) of section 4041 (b)), 
applies to the taxable sale of special motor fuel by any person to an 
owner, lessee, or other operator of a motor vehicle or motorboat, for 
use as a fuel in the motor vehicle or motorboat. The tax does not apply 
to special motor fuel sold for use on or after April 1, 1983, and before 
October 1, 1988, in an off-highway business use.
    (b) Liability for tax. The tax on the taxable sale of special motor 
fuel is payable by the person who sells the special motor fuel to the 
owner, lessee, or other operator of a motor vehicle or motorboat.
    (c) Rate of tax--(1) In general. Tax is imposed on the sale of 
special motor fuel at the rate applicable on the date on which the 
special motor fuel is sold. See Sec. 48.4041-1(b)(2) for rates. The test 
of taxability at the rates specified in Sec. 48.4041-1(b)(2) (i)(A) and 
(ii)(A) is whether the fuel is to be used in a motor vehicle or 
motorboat. For purposes of paragraphs (c) (2) and (3) of this section, 
the term ``qualified business use'' has the same meaning as that given 
to the term ``off-highway business use'' by section 6421(d)(2).
    (2) Special motor fuel sold for use as a fuel in a motor vehicle. 
Tax at the rates specified in paragraphs (b)(2) (i)(A) and (ii)(A) of 
Sec. 48.4041-1 applies in the case of the sale of special motor fuel for 
use as a fuel in a motor vehicle. Tax at the rates specified in that 
section applies regardless of whether the motor vehicle is a highway 
vehicle. However, a reduced rate of tax from that imposed by paragraphs 
(b)(2)(i)(A) of Sec. 48.4041-1 is allowed by paragraph (b)(2)(i)(C) of 
Sec. 48.4041-1 if special motor fuel is sold for use in a qualified 
business use. An exemption from the tax imposed by paragraph 
(b)(2)(ii)(A) of Sec. 48.4041-1 is allowed by paragraph (b)(2)(ii)(C) of 
Sec. 48.4041-1 if the special motor fuel is sold for use in an off-
highway business use.
    (3) Special motor fuel sold for use as fuel in a motorboat. Tax at 
the rates specified in paragraphs (b)(2)(i)(A) and (ii)(A) of 
Sec. 48.4041-1 applies in the case of the sale of special motor fuel for 
use as fuel in a motorboat. The qualified business use reduced rate of 
tax set forth in paragraph (b)(2)(i)(C) of Sec. 48.4041-1 and the off-
highway business use exemption set forth in paragraph (b)(2)(ii)(C) of 
Sec. 48.4041-1 are not applicable to motorboats unless the motorboat is 
a vessel employed in the fisheries or whaling business. See section 
6421(d)(2)(B).
    (d) Example. Application of the tax to the sale of special motor 
fuels may be illustrated by the following example.

    Example. The N Company is engaged in the manufacture of ceramic 
products. It has a vehicle which is used to haul clay from a clay pit to 
its factory. This vehicle has not been registered for highway use and 
under the applicable State law is not required to be registered for 
highway use since none of the hauling of clay is done on public 
highways. The N Company also uses a ditch digging machine in the 
vicinity of the clay pit for the construction of drains. A fork lift 
truck is used to move cartons of merchandise from place to place inside 
the company's warehouse and to assist in the loading of merchandise onto 
the company's highway trucks for delivery to purchasers. The highway 
trucks are registered by the State for use on highways. Special motor 
fuel is used for the operation of all of these items of equipment. 
Before April 1, 1983, the special motor fuel

[[Page 81]]

sold for use as a fuel in the registered highway trucks is subject to 
tax at the rate specified in Sec. 48.4041-1(b)(2)(i)(A). On or after 
January 1, 1979, and before April 1, 1983, the special motor fuel sold 
for use as a fuel in the unregistered truck used to haul clay from the 
pit to the factory and in the fork lift truck, assuming both of these 
are used in qualified business uses, is subject to tax at the rate 
specified in Sec. 48.4041-1(b)(2)(i)(C). If the unregistered truck and 
forklift are not used in qualified business uses, then the special motor 
fuel sold for use in these vehicles is taxable at the rate specified in 
Sec. 48.4041-1(b)(2)(i)(A) since both are motor vehicles. No tax is 
payable with respect to the special motor fuel sold for use in the ditch 
digging machine since that machine is not a motor vehicle. On and after 
April 1, 1983, and before October 1, 1988, special motor fuel sold for 
use in the registered trucks is taxable at the rate specified in 
Sec. 48.4041-1(b)(2)(ii)(A) because the trucks are motor vehicles. On 
and after April 1, 1983, and before October 1, 1988, special motor fuel 
sold for use in the unregistered truck and the fork lift, assuming that 
both vehicles are used in off-highway business uses, is exempt from tax 
as specified in Sec. 48.4041-1(b)(2)(ii)(C). If the unregistered truck 
and fork lift are not used in off-highway business uses, then the 
special motor fuel sold for use in these vehicles is taxable at the rate 
specified in Sec. 48.4041-1(b)(2)(ii)(A) since both are motor vehicles. 
No tax is payable with respect to the special motor fuel sold for use in 
the ditch digging machine since that machine is not a motor vehicle.
    (e) Cross reference. (1) For the tax applicable in certain cases 
based on the use of special motor fuel as a fuel in a motor vehicle or 
motorboat, see Sec. 48.4041-6.
    (2) For the definition of the terms ``highway'', ``motor vehicle'', 
``special motor fuel'', and ``registered'', see paragraphs (a), (c), 
(f), and (i) of Sec. 48.4041-8. For the definition of the term ``off-
highway business use'', see section 6421(d)(2).
    (3) For the exemption from tax with respect to special motor fuel 
sold for use on a farm for farming purposes or as supplies for vessels, 
see Secs. 48.4041-9 and 48.4041-10, respectively.
    (4) For credit or refund of tax paid on special motor fuel resold or 
used otherwise than for the purpose for which purchased, see section 
6427(a).

[T.D. 8066, 51 FR 14, Jan. 2, 1986]





Sec. 48.4041-4  Application of tax on sales of liquid for use as fuel in aircraft in noncommercial aviation.

    (a) In general. The taxes imposed by subparagraphs (1)(A) and (2)(A) 
of section 4041(c) apply to the taxable sale of any liquid by any person 
to an owner, lessee, or other operator of an aircraft, for use as a fuel 
in the aircraft in noncommercial aviation.
    (b) Liability of tax. The tax on the taxable sale of any liquid used 
as fuel in aircraft in noncommercial aviation is payable by the person 
who sells the liquid to the owner, lessee, or operator of an aircraft in 
noncommercial aviation.
    (c) Rate of tax. Tax is imposed on the sale of liquids used as fuel 
in aircraft in noncommercial aviation at the rate applicable on the date 
on which the liquid is sold. See Sec. 48.4041-1(b)(3) for rates.
    (d) Cross references. (1) For the tax applicable on the basis of the 
use of fuel in an aircraft in noncommercial aviation, see Sec. 48.4041-
6.
    (2) For the definition of the term ``noncommercial aviation'', see 
paragraph (j) of Sec. 48.4041-8.
    (3) For the exemption of tax with respect to liquids used as fuel in 
aircraft in noncommercial aviation sold for use on a farm for farming 
purposes or as supplies for vessels or aircraft, see Secs. 48.4041-9 and 
48.4041-10, respectively. For tax-free sales if sellers and purchasers 
are registered, see Sec. 48.4041-11.
    (4) For credit or refund of tax paid on fuel used in noncommercial 
aviation that is resold or used otherwise than for the purpose for which 
purchased, see section 6427(a).
    (e) Effective date. The provisions of this section shall apply to 
sales or uses occurring before October 1, 1980, and to sales or uses 
occurring on or after September 1, 1982, and ending before January 1, 
1988.

[T.D. 8066, 51 FR 15, Jan. 2, 1986]





Sec. 48.4041-5  Sales of diesel and special motor fuels and fuel for use in aircraft; rules of general application.

    (a) Taxability of liquid fuel delivered into purchaser's tanks--(1) 
Fuel supply tanks. (i) The sale of diesel fuel to an owner, lessee, or 
other operator of a diesel-powered highway vehicle, or of special motor 
fuel to an owner, lessee,

[[Page 82]]

or other operator of a motor vehicle or motorboat, or of fuel to an 
owner, lessee, or other operator of an aircraft used in noncommercial 
aviation is considered a taxable sale of the liquid fuel if the liquid 
fuel is delivered by the seller into the fuel supply tank of the 
vehicle, motorboat, or aircraft. For purpose of this paragraph (a), 
liquid fuel sold at a location unattended by the seller (such as under a 
cardlock or meter system) on or after January 2, 1986, is considered to 
be delivered into the fuel supply tank by the seller except as provided 
in paragraph (a)(1)(ii) of this section. In this regard, see section 
6427(a) for credit or refund of tax if liquid fuel acquired in a 
transaction subject to tax is used in a nontaxable use.
    (ii) If the seller maintains special devices at the unattended 
location to account accurately for sales of liquid fuel for nontaxable 
uses (such as assigning a separate ``nontaxable'' meter or, in a 
cardlock system, issuing a special ``nontaxable'' card to a customer who 
regularly purchases fuel for nontaxable uses), then such sales of liquid 
fuel shall be considered nontaxable. The seller must maintain sufficient 
records of such nontaxable sales and include in these records the name 
of the purchaser, the date of the purchase, and the quantity of fuel 
purchased in each sale.
    (2) Bulk tanks. The sale of diesel fuel to an owner, lessee, or 
other operator of a diesel-powered highway vehicle, or of special motor 
fuel to an owner, lessee, or other operator of a motor vehicle or 
motorboat, or of fuel to an owner, lessee, or other operator of an 
aircraft used in noncommercial aviation is considered a taxable sale of 
the liquid fuel if--
    (i) The liquid fuel is delivered by the seller into a bulk supply 
tank (or other container) that is not the fuel supply tank of a vehicle, 
motorboat, or aircraft; and
    (ii) The purchaser furnishes a written statement to the seller 
before or at the time of the sale stating that the entire quantity of 
the liquid fuel covered by the sale is for a taxable purpose as a fuel 
in such a vehicle, motorboat, or aircraft.

If the purchaser fails to provide the written statement required by 
paragraph (a)(2)(ii) of this section, the purchaser is liable for the 
tax on the later taxable sale or use. If a purchaser acquires both fuel 
that is to be used for taxable purposes and fuel that is to be used for 
nontaxable purposes, and the fuel that is to be used for taxable 
purposes is stored in a different storage tank (or container) from the 
tank used to store the fuel to be used for nontaxable purposes, the 
written statement described in paragraph (a)(2)(ii) of this section will 
relate to the fuel to be used for taxable purposes if proper records are 
kept by the purchaser that sufficiently identify the tanks (or 
containers) into which tax-paid fuel is delivered and the quantities of 
fuel delivered into those tanks (or containers). If only occasional 
sales for delivery into a bulk storage tank (or other container) are 
made to a purchaser, a separate statement must be furnished for each 
order. However, if sales are regularly or frequently made to a 
purchaser, a written statement covering all orders for a specified 
period not to exceed 12 calendar quarters is acceptable.
    (b) Sales for resale and to consignees. (1) A sale to a dealer for 
resale is not subject to tax even if it is known at the time of the sale 
that the liquid fuel will be resold by the dealer for use as a fuel in a 
diesel-powered highway vehicle, motor vehicle, motorboat, or aircraft.
    (2) The tax is payable by the person who makes the taxable sale. If 
a taxable liquid fuel is consigned to a person for sale and the 
consignor retains ownership in the liquid fuel until it is disposed of 
by the consignee, the consignor is the person liable for the tax when a 
taxable sale of the liquid fuel is made by the consignee. If the 
consignor transfers ownership in the taxable liquid fuel to the 
consignee before sale of the liquid fuel by the consignee, the consignee 
is the person liable for the tax upon a subsequent taxable sale of the 
liquid. However, if ownership of the liquid fuel is transferred back to 
the consignor or to another person before a taxable sale is made, as 
described in paragraph (a) of this section, and thereafter a taxable 
sale of the liquid

[[Page 83]]

fuel is made by such person or by another person acting as the person's 
agent, such person is liable for the tax. See paragraph (d) of 
Sec. 48.4041-8 for definition of the term ``taxable liquid fuel.''

[T.D. 8066, 51 FR 15, Jan. 2, 1986, as amended by T.D. 8154, 52 FR 
32008, Aug. 25, 1987]





Sec. 48.4041-6  Application of tax on use of taxable liquid fuel.

    (a) In general--(1) Diesel fuel. (i) If, before April 1, 1983, a 
person acquires any diesel fuel by any means other than through a 
transaction subject to tax under section 4041(a)(1) and uses it as a 
fuel in a diesel powered highway vehicle, the person is liable for a tax 
under section 4041(a)(2) on the quantity of diesel fuel so used at the 
appropriate rate set forth in Sec. 48.4041-1(b)(1)(i). If a person 
acquired any diesel fuel through a transaction which is subject to tax 
at the rate set forth in paragraph (b)(1)(i) (C) or (D) of Sec. 48.4041-
1, and uses it for a use described in paragraph (b) (1) (i) (A) or (B) 
of Sec. 48.4041-1 the person is liable for an additional tax uder 
section 4041(a)(2) on the quantity of diesel fuel so used. See 
Sec. 48.4041-1(b)(1)(i)(E), (F), or (G) for the applicable rate of tax. 
See section 6427(a) for credit or refund of tax where diesel fuel 
acquired in a transaction subject to tax at the rate set forth in 
paragraph (b)(1)(i) (A) or (B) of Sec. 48.4041-1 is used as described in 
paragraph (b)(1)(i) (C) or (D) of Sec. 48.4041-1 or in a nontaxable use.
    (ii) On or after April 1, 1983, and before August 1, 1984, if a 
person acquires any diesel fuel by any means other than through a 
transaction subject to tax under section 4041(a)(1)(A) and uses it as a 
fuel in a diesel-powered highway vehicle, the person is liable for a tax 
under section 4041(a)(1)(B) on the quantity of diesel fuel so used at 
the appropriate rate set forth in paragraph (b)(1)(ii) of Sec. 48.4041-
1. If a person acquired any diesel fuel through a transaction for which 
no tax is imposed by reason of paragraph (b)(1)(ii)(C) of Sec. 48.4041-1 
and uses it in other than a nontaxable use, the person is liable for a 
tax under section 4041(a)(1)(B) on the quantity of fuel so used. See 
paragraph (b)(1)(ii) (D) or (E) of Sec. 48.4041-1 for the applicable 
rate of tax. See section 6427(a) for credit or refund of tax where 
diesel fuel acquired in a transaction subject to tax at the rate set 
forth in paragraph (b)(1)(ii)(A) of Sec. 48.4041-1 is used as described 
in paragraph (b)(1)(ii)(C) of Sec. 48.4041-1 or in another nontaxable 
use.
    (iii) On or after August 1, 1984, and before October 1, 1988, if a 
person acquires any diesel fuel by any means other than through a 
transaction subject to tax under section 4041(a)(1)(A) and uses it as a 
fuel in a diesel-powered highway vehicle, the person is liable for a tax 
under section 4041(a)(1)(B) on the quantity of diesel fuel so used at 
the appropriate rate set forth in paragraph (b)(1)(iii) of Sec. 48.4041-
1. If a person acquired any diesel fuel through a transaction for which 
no tax is imposed by reason of paragraph (b)(1)(iii)(C) of Sec. 48.4041-
1 and uses it in other than a nontaxable use, the person is liable for a 
tax under section 4041(a)(1)(B) on the quantity of fuel so used. See 
paragraph (b)(1)(iii)(D) of Sec. 48.4041-1 for the applicable rate of 
tax. See section 6427(a) for credit or refund of tax where diesel fuel 
acquired in a transaction subject to tax at the rate set forth in 
paragraph (b)(1)(iii)(A) of Sec. 48.4041-1 is used as described in 
paragraph (b)(1)(iii)(C) of Sec. 48.4041-1 or in another nontaxable use.
    (2) Special motor fuel. (i) On or after January 1, 1979, and before 
April 1, 1983, if a person acquired any special motor fuel by any means 
other than through a transaction subject to tax under section 4041(b)(1) 
and uses it as a fuel in a motor vehicle or motorboat, the person is 
liable for a tax under section 4041(b)(2) on the quantity of special 
motor fuel so used at the appropriate rate set forth in Sec. 48.4041-
1(b)(2)(i). If a person acquired any special motor fuel through a 
transaction with is subject to a tax at the rate set forth in paragraph 
(b)(2)(i)(C) of Sec. 48.4041-1 and uses it in a use other than one for 
which the reduced rate applies, the person is liable for an additional 
tax under section 4041(b)(2) on the quantity of special motor fuel so 
used. See Sec. 48.4041-1(b)(2)(i) (D) or (E) for the applicable rate of 
tax. See section 6427(a) for credit or refund of tax where special motor 
fuel acquired in a transaction subject to tax at the rate set forth in 
paragraph (b)(2)(i)(A) of Sec. 48.4041-1 is used for a purpose described 
in paragraph

[[Page 84]]

(b)(2)(i)(C) of Sec. 48.4041-1 or in a nontaxable use.
    (ii) On or after April 1, 1983, and before October 1, 1988, if a 
person acquired any special motor fuel by any means other than through a 
transaction subject to tax under section 4041(a)(2)(A) and uses it as a 
fuel in a motor vehicle or motorboat, the person is liable for a tax 
under section 4041(a)(2)(B) on the quantity of spcial motor fuel so used 
at the appropriate rate set forth in paragraph (b)(2)(ii) of 
Sec. 48.4041-1. If a person acquired any special motor fuel through a 
transaction for which no tax is imposed by reason of paragraph 
(b)(2)(ii)(C) of Sec. 48.4041-1 and uses it in other than a nontaxable 
use, the person is liable for a tax under section 4041(a)(2)(B) on the 
quantity of fuel so used. See paragraph (b)(2)(ii)(D) of Sec. 48.4041-1 
for the applicable rate of tax. See section 6427(a) for credit or refund 
of tax where special motor fuel acquired in a transaction subject to tax 
at the rate set forth in paragraph (b)(2)(ii)(A) of Sec. 48.4041-1 is 
used for a purpose described in paragraph (b)(2)(ii)(C) of Sec. 48.4041-
1 or in another nontaxable use.
    (3) Noncommercial aviation. If a person acquires any liquid fuel by 
any means other than through a transaction subject to tax under section 
4041(c)(1)(A) or section 4041(c)(2)(A) and uses it as fuel in an 
aircraft in noncommercial aviation, the person is liable for a tax under 
section 4041(c)(1)(B) or section 4041(c)(2)(B) on the quantity of the 
liquid fuel so used at the appropriate rate set forth in Sec. 48.4041-
1(b)(3).
    (b) Bulk purchases by users. Taxpayers who purchase taxable liquid 
fuel in bulk delivered into storage tanks or other containers and use it 
for taxable or nontaxable purposes or in registered and nonregistered 
vehicles must maintain adequate records of all fuel used for each 
purpose to permit verification of the tax paid and of any credits, 
refunds, or exemptions claimed.

[T.D. 8066, 51 FR 15, Jan. 2, 1986]





Sec. 48.4041-7  Dual use of taxable liquid fuel.

    Tax applies to all taxable liquid fuel sold for use or used as a 
fuel in the motor which is used to propel a diesel-powered vehicle or in 
the motor used to propel a motor vehicle, motorboat, or aircraft, even 
though the motor is also used for a purpose other than the propulsion of 
the vehicle, motorboat, or aircraft. Thus, if the motor of a diesel-
powered highway vehicle or a motorboat operates special equipment by 
means of a power take-off or power transfer, tax applies to all taxable 
liquid fuel sold for this use or so used, whether or not the special 
equipment is mounted on the vehicle or boat. For example, tax applies to 
diesel fuel sold to operate the mixing unit on a concrete mixer truck if 
the mixing unit is operated by means of a power take-off from the motor 
of the vehicle. Similarly, tax applies to all taxable liquid fuel sold 
for use or used in a motor propelling a fuel oil truck even though the 
same motor is used to operate the pump (whether or not mounted on the 
truck) for discharging the fuel into customers' storage tanks. However, 
tax does not apply to liquid fuel sold for use or used in a separate 
motor to operate special equipment (whether or not the equipment is 
mounted on the vehicle). If the taxable liquid fuel used in a separate 
motor is drawn from the same tank as the one which supplies fuel for the 
propulsion of the vehicle, a reasonable determination of the quantity of 
taxable liquid fuel used in such separate motor or during such period is 
acceptable for purposes of application of the tax. This determination 
must be based, however, on the operating experience of the person using 
the taxable liquid fuel, and the taxpayer must maintain records which 
support the allocation used. Devices to measure the number of miles the 
vehicle has traveled, such as hubometers, may be used in making a 
preliminary determination of the number of gallons of fuel used to 
propel the vehicle. In order to make a final determination of the number 
of gallons of fuel used to propel the vehicle, there must be added to 
this preliminary determination the amount of fuel consumed while idling 
or warming up the motor preparatory to propelling the vehicle.

[T.D. 8066, 51 FR 16, Jan. 2, 1986]

[[Page 85]]





Sec. 48.4041-8  Definitions.

    For purposes of the regulations in this subpart, unless otherwise 
expressly indicated:
    (a) Highway. The term ``highway'' includes any road (whether a 
Federal highway, State highway, city street, rural road, or otherwise) 
in the United States which is not a private roadway.
    (b) Highway vehicle--(1) In general. The term ``highway vehicle'' 
means any self-propelled vehicle, or any trailer or semi-trailer, 
designed to perform a function of transporting a load over highways, 
whether or not also designed to perform other functions, but does not 
include a vehicle described in paragraph (b)(2) of this section. For 
purposes of this definition, a vehicle consists of a chassis, or a 
chassis and a body if the vehicle has a body, but does not include the 
vehicle's load. Therefore, in determining whether a vehicle is a 
``highway vehicle'', it is immaterial that the vehicle is designed to 
perform a highway transportation function for only a particular kind of 
load, such as passengers, furnishings and personal effects (as in a 
house, office, or utility trailer), a special type of cargo, goods, 
supplies, or materials, or, except to the extent otherwise provided in 
paragraph (b)(2)(i) of this section, machinery or equipment specially 
designed to perform some off-highway task unrelated to highway 
transportation. In the case of specially designed machinery or 
equipment, it is also immaterial, except as provided in paragraph 
(b)(2)(i) of this section, that such machinery or equipment is 
permanently mounted on the vehicle. For purposes of paragraph (b) of 
this section, the term ``transport'' includes the term ``tow''. A 
vehicle which is not a highway vehicle within the meaning of this 
paragraph shall be treated as a non-highway vehicle for purposes of 
section 4041. Examples of vehicles that are designed to perform a 
function of transporting a load over the public highways are passenger 
automobiles, motorcycles, buses, and highway-type trucks, truck 
tractors, trailers, and semi-trailers.
    (2) Exceptions--(i) Certain specially designed mobile machinery for 
nontransportation functions. A self-propelled vehicle, or trailer or 
semi-trailer, is not a highway vehicle if it (A) consists of a chassis 
to which there has been permanentaly mounted (by welding, bolting, 
riveting, or other means) machinery or equipment to perform a 
construction, manufacturing, processing, farming, mining, drilling, 
timbering, or other operation similar to any one of the foregoing 
enumerated operations if the operation of the machinery or equipment is 
unrelated to transportation on or off the public highways, (B) the 
chassis has been specially designed to serve only as a mobile carriage 
and mount (and a power source, where applicable) for the particular 
machinery or equipment involved, whether or not such machinery or 
equipment is in operation, and (C) by reason of such special design, 
such chassis could not, without substantial structural modification, be 
used as a component of a vehicle designed to perform a function of 
transporting any load other than that particular machinery or equipment 
or similar machinery or equipment requiring such a specially designed 
chassis.
    (ii) Certain vehicles specially designed for off-highway 
transportation. A self-propelled vehicle, or a trailer or semi-trailer, 
is not a highway vehicle if it is (A) specially designed for the primary 
function of transporting a particular type of load other than over the 
public highway in connection with a construction, manufacturing, 
processing, farming, mining, drilling, timbering, or other operation 
similar to any one of the foregoing enumerated operations, and (B) if by 
reason of such special design, the use of such vehicle to transport such 
load over the public highways is substantially limited or substantially 
impaired. For purposes of applying the rule of clause (b) of this 
paragraph (b)(2)(ii), account may be taken of whether the vehicle may 
travel at regular highway speeds, requires a special permit for highway 
use, is overweight, overheight or overwidth for regular use, and any 
other relevant considerations. Solely for purposes of determinations 
under this paragraph (b)(2)(ii), where there is affixed to the vehicle 
equipment used for loading, unloading, storing, vending, handling, 
processing, preserving, or otherwise

[[Page 86]]

caring for a load transported by the vehicle over the public highways, 
the functions are related to the transportion of a load over the public 
highways even though the functions may be performed off the public 
highways.
    (iii) Certain trailers and semi-trailers specially designed to 
perform nontransportation functions off the public highways. A trailer 
or semi-trailer is not a highway vehicle if it is specially designed to 
serve no purpose other than providing an enclosed stationary shelter for 
the carrying on of a function which is directly connected with and 
necessary to, and at the off-highway site of, a construction, 
manufacturing, processing, mining, drilling, farming, timbering, or 
other operation similar to any one of the foregoing enumerated 
operations, such as a trailer specially designed to serve as an office 
for such an operation.
    (3) Optional application. For purposes of section 4041, if any rules 
existing immediately prior to January 13, 1977, would, if applicable, 
unequivocally resolve an issue involving the definition of a highway 
vehicle with respect to a period prior to such date, at the option of 
the taxpayer, such rules existing prior to such date shall be applied to 
resolve the issue for all periods prior to such date, and the rules of 
paragraph (b) (1) and (2) of this section, which define the term 
``highway vehicle'', shall not apply with respect to such issue for all 
periods prior to such date.
    (4) Diesel-powered highway vehicle. The term ``diesel-powered 
highway vehicle'' means any highway vehicle (within the meaning of 
paragraph (b)(1) of this section) which is also a motor vehicle (as 
defined in paragraph (c) of this section) and which uses diesel fuel (as 
defined in paragraph (e) of this section) for propulsion purposes.
    (c) Motor vehicles. The term ``motor vehicle'' includes all types of 
vehicles propelled by motor that are designed for carrying or towing 
loads from one place to another, regardless of the type of load or 
material carried or towed and whether or not the vehicle is registered 
or required to be registered for highway use. Included are fork lift 
trucks used to carry loads at railroad stations, industrial plants, 
warehouses, etc. The term does not include farm tractors, trench 
diggers, power shovels, bulldozers, road graders or rollers, and similar 
equipment which does not carry or tow a load; nor does it include any 
vehicle which moves exclusively on rails. For periods prior to January 
6, 1977, a vehicle which is designed for towing, but not carrying, loads 
shall not be considered to be a motor vehicle.
    (d) Taxable liquid fuel. The term ``taxable liquid fuel'' (or 
``taxable liquid'') means any liquid which is either--
    (1) Diesel fuel as defined in paragraph (e) of this section,
    (2) Special motor fuel as defined in paragraph (f) of this section, 
or
    (3) Any liquid fuel used in an aircraft in ``noncommercial 
aviation'', as defined in paragraph (h) of this section.
    (e) Diesel fuel. The term ``diesel fuel'' means any liquid (other 
than a product taxable as gasoline under the provisions of section 4081) 
which is sold for use or used as a fuel in a diesel-powered highway 
vehicle.
    (f) Special motor fuel. (1) Except as provided in paragraph (f)(2) 
of this section, special motor fuel means any liquid fuel, including--
    (i) Any liquefied petroleum gas (such as propane, butane, pentane, 
or mixtures of the same);
    (ii) Liquefied natural gas; or
    (iii) Benzol, benzene, naptha, or any other liquid, whether a 
refined, partly refined, or unrefined product, 10 percent of which has 
been recovered when the thermometer reads 347 deg. F. (175 deg. C.) or 
95 percent of which has been recoverd when the thermometer reads 
464 deg. F. (240 deg. C.) when subjected to distillation in accordance 
with the ``Standard Method of Test for Distillation of Gasoline, Naptha, 
Kerosene, and Similar Petroleum Products'' (A.S.T.M. designation: D86) 
of the American Society for Testing Materials, regardless of the trade 
name under which sold.
    (2) The term ``special motor fuel'' does not include any product 
taxable under the provisions of section 4081, nor does it include 
``kerosene, gas oil, or fuel oil'', as defined in paragraph (g) of this 
section.
    (g) Kerosene, gas oil, or fuel oil. (1) The term ``kerosene, gas, 
oil or fuel oil''

[[Page 87]]

means any product (i) 10 percent of which has not been recovered when 
the thermometer reads 347 deg. F. (175 deg. C.), and (ii) 95 percent of 
which has not been recovered when the thermometer reads 464 deg. F. 
(240 deg. C.), when subjected to distillation in accordance with the 
``Standard Method of Test for Distillation of Gasoline, Naptha, 
Kerosene, and Similar Petroleum Products'' (A.S.T.M. designation: D86) 
of the American Society for Testing Materials.
    (2) Products designated as kerosene, gas, oil, or fuel oil which do 
not fall within the specifications of both paragraphs (g)(1) (i) and 
(ii) of this section are taxable as special motor fuel if sold or used 
as a fuel in a motor vehicle or motorboat.
    (h) Fuel used in the aircraft in noncommercial aviation. The term 
``fuel used in an aircraft in noncommercial aviation'' means any liquid 
(including any product taxable under section 4081) that is sold for use 
or used as a fuel in an aircraft in noncommercial aviation (as defined 
in paragraph (j) of this section).
    (i) Registered. The term ``registered'', when used with reference to 
a highway vehicle, means--
    (1) Registered for highway use under the laws of any State, District 
of Columbia, or foreign country, or
    (2) Required to be registered for highway use under the law of the 
State, District of Columbia, or foreign country in which it is operated 
or situated. Any highway vehicle which is operated under a dealer's tag, 
license, or permit is considered to be registered. A highway vehicle is 
not considered to be ``registered'' solely because there has been issued 
a special permit for operation of the vehicle at particular times and 
under specified conditions. However, a highway vehicle which is required 
to be registered and which also has been issued a special permit for 
operation of the vehicle under specified conditions, such as carrying an 
oversized load, is still considered to be ``registered''.
    (j) Noncommercial aviation. The term ``noncommercial aviation'' 
means any use of an aircraft, other than in a business of transporting 
persons or property for compensation or hire by air. The term also 
includes any use of an aircraft, in a business described in the 
preceding sentence, which is properly allocable to any transportation 
exempt from taxes imposed by sections 4261 (transportation of persons) 
and 4271 (transportation of property) by reason of section 4281 (use of 
small aircraft on nonestablished lines) or 4282 (transportation of 
members of affiliated group).

[T.D. 8066, 51 FR 17, Jan. 2, 1986, as amended by T.D. 8609, 60 FR 
40081, Aug. 7, 1995]





Sec. 48.4041-9  Exemption for farm use.

    (a) In general. The tax imposed by section 4041 does not apply to 
diesel fuel or special motor fuel, or fuel used in noncommercial 
aviation, sold for use or used on a farm in the United States for 
farming purposes. The tax applies in the case of diesel fuel delivered 
into the fuel supply tank of a highway vehicle, or special motor fuel 
delivered into the fuel supply tank of a motor vehicle or motorboat, 
even if it is known that the liquid fuel is to be used on a farm for 
farming purposes. Credit or refund of the tax paid in such case may be 
claimed as provided by section 6427(c) upon proof that the taxable 
liquid was used on a farm for farming purposes. A tax-free sale of fuel 
delivered into the fuel supply tank of an aircraft in noncommercial 
aviation where such fuel is to be used on the farm for farming purposes 
may be made only if the requirements of Sec. 48.4041-11 are met. The 
terms ``used on a farm for farming purposes'', and related terms, have 
the same meaning for purposes of the exemption in section 4041(f) and 
the regulations in this section as these terms are defined in paragraphs 
(1), (2), and (3) of section 6420(c) and the regulations contained in 
Sec. 48.6420-4.
    (b) Application of exemption. The exemption referred to in paragraph 
(a) of this section does not apply with respect to diesel fuel or 
special motor fuel or fuel used in noncommercial aviation sold for use 
or used for nonfarming purposes, or diesel fuel or special motor fuel or 
fuel used in noncommercial aviation sold for use or used off a farm, 
regardless of the nature of the use. Thus, if a vehicle, motorboat, or 
aircraft is used both on a farm and off the farm, or if it is used

[[Page 88]]

on a farm both for farming and nonfarming purposes, the exemption 
applies only with respect to that portion of the diesel fuel or special 
motor fuel or fuel used in noncommercial aviation which is sold for use 
or used ``on a farm for farming purposes''. For purposes of this 
exemption, it is immaterial whether or not a vehicle is registered for 
highway use. However, the actual use of the vehicle and the place where 
it is used are material. For example, if a truck used on a farm for 
farming purposes is also used on the highways (even though in connection 
with operating the farm), tax applies to that diesel fuel or special 
motor fuel which is sold for use or used in operating the truck on the 
highways, since the fuel was used off the farm.
    (c) Termination of exemption. The exemption referred to in paragraph 
(a) of this section shall not apply on and after October 1, 1988.

[T.D. 8066, 51 FR 18, Jan. 2, 1986]





Sec. 48.4041-10  Exemption for use as supplies for vessels or aircraft.

    (a) Application of exemption. The tax imposed by section 4041 does 
not apply to any fuels which are sold for use or used as supplies for 
vessels or aircraft within the meaning of section 4221(a)(3) and (d)(3), 
and Sec. 48.4221-4. In the case of a liquid sold for use as fuel in an 
aircraft, a tax-free sale may be made only if the requirements of 
Sec. 48.4041-11 are met. For credit or refund of tax paid on fuels which 
have been sold or used as supplies for vessels or aircraft, see section 
6416(b)(2)(B), section 6427, and paragraph (f) of this section.
    (b) Evidence required to establish exemption. (1) In order to 
establish exemption from tax in the case of a sale of fuels for use as 
supplies for vessels or aircraft, it is necessary that the seller obtain 
from the owner, charterer, or authorized agent of the vessel or aircraft 
and retain in its possession a property executed exemption certificate 
in the form prescribed by paragraph (c) of this section. If fuel is sold 
tax free for use as supplies for civil aircraft employed in foreign 
trade or in trade between the United States and any of its possessions, 
the exemption certificate must show the name of the country in which the 
aircraft is registered.
    (2) If only occasional sales of fuels are made to a purchaser for 
use which is exempt from tax as provided in this section, a separate 
exemption certificate must be furnished for each order. However, if 
sales are regularly or frequently made to a purchaser for such exempt 
use, a certificate covering all orders for a specified period not to 
exceed 12 calendar quarters is acceptable. Such certificates and proper 
records of invoices, orders, etc., relative to tax-free sales must be 
kept for inspection by the district director as provided in section 
6001. If a seller's records with respect to any sale claimed to be tax 
free do not include a proper certificate, with supporting invoices and 
such other evidence as may be necessary to establish the exempt 
character of the sale, tax is payable by the seller on the sale.
    (c) Acceptable form of exemption certificate. The following form of 
exemption certificate, which must be adhered to in substance, is 
acceptable for the purposes of this section.

                          Exemption Certificate

    (For use by purchasers of fuels for use as supplies for certain 
vessels or aircraft (section 4041(g) of the Internal Revenue Code of 
1954).)

(Date), 19--____________________________________________________________

    The undersigned purchaser hereby certifies that he/she is the

_______________________________________________________________________
(owner, charterer, or authorized agent of owner or charterer)
of______________________________________________________________________
(Name of company and vessel)

and that the fuel specified in the accompanying order, or as specified 
below or on the reverse side hereof, will be used only as fuel supplies 
for a vessel belonging to one of the following classes of vessels 
(including aircraft) to which section 4041(g) of the Internal Revenue 
Code applies: (Check class to which vessel belongs):
    (1) Vessels (including aircraft) engaged in foreign trade.
    (2) Vessels engaged in trade between the Atlantic and Pacific ports 
of the United States.
    (3) Vessels (including aircraft) engaged in trade between the United 
States and any of its possessions.
    (4) Vessels employed in the fisheries or whaling business.

[[Page 89]]

    (5) Vessels (including aircraft) of war of the United States or a 
foreign nation.
    The undersigned understands that if the fuels are sold or used 
otherwise than as stated above and for a taxable purpose specified in 
section 4041 of the Internal Revenue Code, the undersigned will be 
liable for the tax upon such sale or use. It is also understood that 
this certificate may not be used in purchasing fuels, if such fuels are 
for use as fuels in pleasure vessels, or of any type of aircraft except 
(1) civil aircraft employed in foreign trade or trade between the United 
States and any of its possessions, and otherwise entitled to exemption, 
and (2) aircraft owned by the United States or any foreign country and 
constituting a part of the armed forces thereof.
    The undersigned understands that the fraudulent use of this 
certificate to secure exemption will subject the undersigned and all 
others making fraudulent use to a penalty equivalent to the amount of 
tax due on the sale of the fuel and, upon conviction, to a fine of not 
more than $10,000, or to imprisonment for not more than 5 years, or 
both, together with the costs of prosecution. The purchaser also 
understands that it must be prepared to establish by satisfactory 
evidence the purpose for which the fuel purchased under this certificate 
was used.

(Signature)_____________________________________________________________

(Address)_______________________________________________________________

_______________________________________________________________________
Registration Number if fuel used as supplies for civil aircraft engaged 
in foreign trade or in trade between the United States and any of its 
possessions.

    (d) Exemption certificate not obtained prior to filing of seller's 
excise tax return. If the exemption certificate is not obtained prior to 
the time the seller files a return covering taxes due for the period 
during which the sale was made, the seller must include the tax on the 
sale in its return for that period. However, if the certificate is later 
obtained, a claim for refund of the tax paid on the sale may be filed on 
Form 843, or a credit for the tax paid may be taken upon a subsequent 
return as provided by section 6416(b)(2)(B) and Sec. 48.6416(b)-2(c).
    (e) Liability of purchaser. The person who purchases fuels tax free 
as provided in this section is liable for the tax imposed by section 
4041 if the person sells or uses such fuel in a sale or use that is not 
exempt under any provision of law applicable to the taxes imposed by 
section 4041.
    (f) Credit or refund. (1) If diesel fuel or special motor fuel upon 
which the tax imposed by section 4041(a) (1) or (2), has been paid, is 
sold or used as supplies for vessels, a credit or refund of the tax is 
available under section 6416(b)(2)(B) to the retail dealer who paid the 
tax. As an alternative, a credit or refund of tax is available under 
section 6427 to the operator of the vessel who used the fuel. Where the 
retail dealer claims refund of the tax, the dealer, in accordance with 
section 6416(a), must reimburse the operator of the vessel for the 
amount of tax or obtain the written consent of the operator to the 
filing of such claim.
    (2) If aviation fuel upon which the tax imposed by section 4041(c) 
has been paid is sold or used as supplies for aircraft, credit or refund 
of the tax is available only as a payment under section 6427 to the 
operator of the aircraft who uses the fuel or to the person who resells 
the fuel for such use.

[T.D. 8066, 51 FR 18, Jan. 2, 1986]





Sec. 48.4041-11  Tax-free sales of fuel for use in noncommercial aviation only if sellers and certain purchasers are registered.

    (a) In general. Any sale of liquid fuel for delivery into a fuel 
supply tank of an aircraft is presumed to be subject to tax under 
section 4041(c), unless both the seller and purchaser of the liquid fuel 
are registered as provided in paragraph (b) of this section or are 
within one of he exceptions provided in paragraph (c) of this section.
    (b) Form of registration. Except as provided in paragraph (c) of 
this section (relating to exceptions for State and local governments, 
for fuel purchased from customs bonded warehouses or continuous customs 
custody, and for fuel purchased for use in certain aircraft of the 
United States or of any foreign nation), tax-free sales under section 
4041(c) may be made only if both the seller and the purchaser have 
registered as required by section 4041(i) and this paragraph (b). If 
fuel is purchased tax paid for use in noncommercial aviation but is used 
for a nontaxable purpose, see section 6427(a) for provisions relating to 
refunds or credits of tax for tax-paid fuels not used for the purpose 
for which sold. Any person

[[Page 90]]

desiring to be registered in order to sell or purchase fuel free of the 
tax imposed by section 4041(c) must, before making any tax-free sale or 
purchase, file Form 637A, in duplicate. Form 637A must be filed with the 
District Director of Internal Revenue for the district in which the 
principal place of business of the applicant is located (or if the 
applicant has no principal place of business in the United States, with 
the Director of International Operations, Internal Revenue Service, 
Washington, DC 20224). The person who receives a validated Certificate 
of Registry (Validated Form 637A) is considered to be registered for 
purposes of selling or purchasing fuel tax free as provided in this 
section.
    (c) Transactions excepted from registration. (1) A State or local 
government purchasing fuel delivered into a fuel supply tank of an 
aircraft it operates for its exclusive use may, but is not required to, 
register as provided in this section.
    (2) Any purchaser of aircraft fuel who purchases fuel from any 
customs bonded warehouse or from continuous customs custody elsewhere 
than in a bonded warehouse is not required to register to purchase 
aircraft fuel from these sources tax free.
    (3) Any purchaser of fuel for use in an aircraft which is owned by 
the United States or any foreign country and constitutes a part of the 
armed forces thereof is not required to register to purchase aircraft 
fuel tax free.
    (4) The exceptions from registration in paragraphs (c) (1), (2), and 
(3) of this section do not relieve purchasers from the requirement of 
furnishing an exemption certificate as required by paragraph (d) of this 
section.
    (d) Evidence of tax-free sale. (1) To establish the right of a 
purchaser to purchase fuel delivered into the fuel supply tank of an 
aircraft tax free, the seller must obtain from the purchaser and retain 
in its possession a certificate, properly executed and signed by or on 
behalf of the purchaser, containing the following information:
    (i) Date of purchase,
    (ii) The purchaser's registration number (or the exception from 
registration which is relied upon), and
    (iii) A brief statement of the intended tax-free use of the fuel 
(for example, by an airline in the business of transporting persons or 
property for hire).
    (2) The following form of certificate, which must be adhered to in 
substance, is acceptable for the purposes of this paragraph.

(Date) __________, 19____
    The undersigned signifies that he/she, or the

_______________________________________________________________________
(Name of purchaser if other than undersigned)

of which the undersigned is

_______________________________________________________________________
(Title)

holds Certificate of Registry No. __________
or has not registered because

_______________________________________________________________________
(Brief statement of exception from registration relied upon)

delivered into a supply tank of the subject aircraft may be purchased 
free of tax because the fuel will be used

_______________________________________________________________________
(Brief statement of tax-free use)
    The undersigned understands that if the fuel is used otherwise than 
as stated above and for a purpose taxable under section 4041 of the 
Internal Revenue Code, the undersigned will be liable for the tax upon 
such use, and that the undersigned must be prepared to establish by 
satisfactory evidence the purpose for which the fuel purchased under 
this certificate was used.
    The undersigned also understands that the fraudulent use of this 
certificate to secure exemption will subject the undersigned and all 
others making fraudulent use to a penalty equivalent to the amount of 
tax due on the sale of the fuel and, upon conviction, to a fine of not 
more than $10,000, or to imprisonment for not more than 5 years, or 
both, together with the costs of prosecution.

_______________________________________________________________________
      (Signature)

_______________________________________________________________________
      (Address)

    (3) Except as provided in paragraph (d)(4) of this section, a 
separate exemption certificate must be furnished for each sale of fuel 
delivered into a fuel supply tank of an aircraft. If a portion of the 
fuel is intended to be used for a nontaxable purpose, the entire amount

[[Page 91]]

of the fuel may be sold tax free. Exemption certificates and proper 
supporting records such as invoices, orders, etc., relative to tax-free 
sales must be readily accessible for inspection by internal revenue 
officers and retained as provided in section 6001 of the Code and the 
regulations thereunder.
    (4) If the purchaser of fuel to be used in an aircraft has 
reasonable grounds to believe that 90 percent or more of the total of 
the fuel to be purchased by it during a specified period not to exceed 
12 calendar quarters will be used in a tax-free use, it may furnish each 
of its suppliers an exemption certificate covering all purchases for the 
specified period. The certificate shall be substantially in the same 
form as the certificate in paragraph (d)(2) of this section, except that 
in place of the date the purchaser shall specify the period covered by 
the certificate, and the purchaser shall give a brief explanation of its 
grounds for belief that 90 percent or more of its total fuel will be 
used in a tax-free use.
    (5) The presumption under section 4041(i) that any liquid delivered 
into a fuel supply tank of an aircraft is taxable places the duty on the 
seller of the liquid fuel to use reasonable diligence to satisfy itself 
that a tax-free sale of fuel to the purchaser is allowed by law. In the 
absence of circumstances surrounding a sale that would raise a question 
as to whether a tax-free sale is allowable, the requirement of 
reasonable diligence is satisfied if the seller receives and retains the 
required certificate evidencing the right of the purchaser to buy the 
fuel tax free. However, if the circumstances are such as to indicate the 
seller has failed to use reasonable diligence, it is not relieved of 
liability for the tax imposed by section 4041(c). In addition, if the 
seller fails to obtain and retain the evidence of tax-free sales as 
required by this paragraph (d), it is not relieved of liability for the 
tax imposed by section 4041(c).

[T.D. 8066, 51 FR 19, Jan. 2, 1986]





Sec. 48.4041-12  Sales by United States, etc.

    The taxes imposed by section 4041 apply to the sale at retail of 
taxable liquid fuels by the United States or by any agency or 
instrumentality of the United States, unless by statute specifically 
exempted from these taxes. However, the exemptions from these taxes 
provided by section 4041 (f), (g), and (h) and the regulations 
thereunder contained in this subpart F are available to the extent 
therein provided.

[T.D. 8066, 51 FR 20, Jan. 2, 1986]





Sec. 48.4041-13  Other credits or refunds.

    (a) In general. For provisions relating to credit or refund of tax 
paid on taxable liquid fuel resold by the purchaser, or used otherwise 
than for the purpose for which purchased, see section 6427 and the 
regulations thereunder contained in Subpart O of this part.
    (b) Tax-paid liquid fuel used by local transit systems. For 
provisions relating to credit or refund in the case of taxable liquid 
fuel used in vehicles while engaged in furnishing scheduled common 
carrier public passenger land transportation service along regular 
routes, see section 6427(b) and the regulations thereunder contained in 
Subpart O of this part.
    (c) Credit or refund of diesel fuel differential amount. For 
provisions relating to an income tax credit or refund of the increased 
diesel fuel tax for original purchasers of diesel-powered automobiles 
and light trucks, see section 6427(g) and the regulations thereunder 
contained in Subpart O of this part.

[T.D. 8066, 51 FR 20, Jan. 2, 1986]





Sec. 48.4041-14  Exemption for sale to or use by certain aircraft museums.

    (a) In general. (1) The tax imposed by section 4041 does not apply 
to liquids which are sold for use or used by an aircraft museum in an 
aircraft or vehicle owned by such museum and used exclusively for the 
procurement, care, and exhibition of aircraft of the type used for 
combat or transport in World War II.
    (2) In the case of liquid sold for use in an aircraft owned by an 
aircraft museum and to be used for the pruposes described in paragraph 
(a)(1) of this section, a tax-free sale may be made only if the 
requirements of Sec. 48.4041-11 are met.

[[Page 92]]

    (b) Cross reference. For the definition of aircraft museum, see 
section 4041(h)(2).

[T.D. 8066, 51 FR 20, Jan. 2, 1986]





Sec. 48.4041-15  Sales to States or political subdivisions thereof.

    (a) Application of exemption. The taxes imposed by section 4041 do 
not apply in the case of a sale of any liquid by any person for the 
exclusive use of any State or any political subdivision thereof, the 
District of Columbia, or in the case of the use of any liquid by any 
State or any political subdivision thereof, or the District of Columbia, 
as a fuel in a a motor vehicle, motorboat, or aircraft.
    (b) Evidence required to establish exemption. Any vendor claiming 
exemption under this section shall be prepared to produce evidence that 
will establish the right to exemption from the tax imposed by section 
4041. Generally, orders or contracts of a State or a political 
subdivision thereof, or the District of Columbia, when signed by an 
authorized officer thereof will be accepted in support of the exemption. 
However, in the absence of such orders or contracts, a certificate 
signed by such an authorized officer that the liquid sold was purchased 
for the exclusive use of a State or political subdivision thereof, or 
the District of Columbia, will be acceptable. The certificate shall be 
in substantially the following form:

                          Exemption Certificate

    (For use by States and local governments. (section 4041(g)(2) of the 
Internal Revenue Code).)

Date __________, 19____.

    I hereby certify that I am ______________ of ______________ (State 
or local government) that I am authorized to execute this certificate; 
and that

                 (Check applicable type of certificate)

------the liquid or liquids specified in the accompanying order, or on 
the reverse side hereof, (or)

------all orders placed by the purchaser for the period commencing 
__________ (Date) and ending __________ (Date) (period not to exceed 12 
calendar quarters) are, or will be, purchased from __________ (Name of 
vendor) for the exclusive use of __________ (Governmental unit) of 
____________________ (State or local government).
    I understand that the exemption from tax in the case of sales of 
liquids under this exemption certificate is limited to the sale of 
articles purchased for the exclusive use of a State, etc. I understand 
that the fraudulent use of this certificate for the purpose of securing 
this exemption will subject me and all parties making such fraudulent 
use of this certificate to a fine of not more than $10,000, or to 
imprisonment for not more than 5 years, or both, together with costs of 
prosecution.

Signature ____________________

Address ____________________

[T.D. 7536, 43 FR 13516, Mar. 31, 1978. Redesignated by T.D. 8066, 51 FR 
14, Jan. 2, 1986]





Sec. 48.4041-16  Sales for export.

    (a) General rule. In order for a sale to be exempt from tax under 
section 4041 as a sale for export, it is necessary that the liquid be 
(1) identified as having been sold by the retailer for export and (2) 
exported in due course. To establish exemption from tax in the case of a 
taxable article for export, it is necessary that the retailer maintain 
adequate records and have in his possession documentary evidence showing 
that the article was so sold.
    (b) Proof of exportation. Exportation may be evidenced by any one of 
(1) a copy of the export bill of lading issued by the delivering 
carrier, (2) a certificate by the agent or representative of the export 
carrier showing actual exportation of the liquid, (3) a certificate of 
landing signed by a customs officer of the foreign country to which the 
liquid is exported, or (4) a statement of the foreign consignee showing 
receipt of the liquid.

[[Page 93]]

    (c) Shipment to possessions of the United States. The same 
provisions as relate to sales for export and proof of exportation will 
apply to sales for shipment to a possession of the United States, within 
the meaning of Sec. 48.0-2.

[T.D. 7536, 43 FR 13516, Mar. 31, 1978. Redesignated by T.D. 8066, 51 FR 
14, Jan. 2, 1986]





Sec. 48.4041-17  Tax-free retail sales to certain nonprofit educational organizations.

    (a) In general. The taxes imposed by section 4041 do not apply in 
the case of a sale of any liquid by any person to a nonprofit 
educational organization (as defined in paragraph (b) of this section) 
for its exclusive use, or in the case of the use of any liquid by such 
an organization. In the case of a school operated as an activity of an 
organization described in section 501(c)(3), as referred to in paragraph 
(b) of this section, the liquid must be sold for the exclusive use of 
the school, or the liquid must be used exclusively by the school.
    (b) Definition of nonprofit educational organization. For purposes 
of section 4041(g)(4) and this section, the term ``nonprofit educational 
organization'' means an organization described in section 
170(b)(1)(A)(ii), that is exempt from income tax under section 501(a), 
whose primary function is the presentation of formal instruction and 
which normally maintains a regular faculty and curriculum and normally 
has a regularly enrolled body of pupils or students in attendance at the 
place where its educational activities are regularly carried on. The 
term also includes a school operated as an activity of an organization 
described in section 501(c)(3) which is exempt from income tax under 
section 501 (a), provided such school normally maintains a regular 
faculty and curriculum and normally has a regularly enrolled body of 
pupils or students in attendance at the place where its educational 
activities are regularly carried on.
    (c) Evidence required to establish tax-free sales to a nonprofit 
educational organization; general rule. To establish the right to 
exemption, the retailer must obtain from the purchaser and retain in its 
possesson a properly executed certificate as set forth in paragraph (d) 
of this section.
    (d) Forms of exemption certificates. The following forms of 
exemption certificates will be acceptable for the purpose of this 
section and must be adhered to in substance.
    (1) Form of certificate for exemption from retailers excise taxes 
for use by a nonprofit educational organization, other than a school 
operated as an activity of a church or other exempt organization that in 
itself is not a nonprofit educational organization.

                          Exemption Certificate

    (For use by a nonprofit educational organization (other than a 
school operated as an activity of a church or other exempt organization 
that in itself is not a nonprofit educational organization) purchasing 
articles subject to retailers excise tax for its exclusive use) ____, 
19____ (Date) I hereby certify that I am __________ (Title) of 
__________ (Exempt organization); that I am authorized to execute this 
certificate; and that the articles specified in the accompanying order 
or on the reverse side hereof are purchased by such organization 
exclusively for use in its educational activities.
    I understand that this exemption certificate is for use only by a 
nonprofit educational organization in the tax-free purchase for its 
exclusive use of articles subject to the retailers excise tax; and it is 
agreed that if any article purchased tax free under this exemption 
certificate is used otherwise, such fact will be reported to the 
retailer from whom the tax-free purchase was made.
    The organization claiming exemption under this certificate has 
received a determination letter (or a ruling) from the Internal Revenue 
Service holding the organization to be exempt from income tax as an 
organization described in section 170(b)(1)(A)(ii) that is exempt from 
income tax under section 501(a) of the Internal Revenue Code (or has 
received a determination letter (or ruling) under the corresponding 
provisions of prior revenue laws). The date of such determination letter 
(or ruling) is ______ and such determination letter (or ruling) has not 
been withdrawn or revoked.
    I understand that the fraudulent use of this certificate for the 
purpose of securing this exemption will subject me and all parties 
making such fraudulent use of this certificate to a fine of not more 
than $10,000, or to imprisonment for not more than 5 years, or both, 
together with costs of prosecution.
_______________________________________________________________________

                  (Signature of authorized individual)

_______________________________________________________________________

[[Page 94]]

                                (Address)

    (2) Form of certificate for exemption from retailers excise taxes 
for use by a school operated as an activity of a church or other 
organization described in section 501(c)(3) that in itself is not an 
educational organization described in section 170(b)(1)(A)(ii) of the 
Code:

                          Exemption Certificate

    (For use by or for a school operated as an activity of a church or 
other organization described in section 501(c)(3) of the Internal 
Revenue Code of 1954, that is not, in itself, an educational 
organization described in section 170(b)(1)(A)(ii), purchasing articles 
subject to retailers excise tax for the exclusive use of the school) --
________, 19____ (Date) I hereby certify that I am __________ (Title) of 
__________ (School, church, parish, etc.); that I am authorized to 
execute this certificate; and that the articles specified in the 
accompanying order or on the reverse side hereof are purchased by such 
institution exclusively for use in its educational activities.
    I understand that this exemption certificate is for use only by a 
school operated as an activity of a church or other organization 
described in section 501(c)(3) of the Internal Revenue Code of 1954, in 
the tax-free purchase for its exclusive use of articles subject to the 
retailers excise tax; or by a church, or other organization in the tax-
free purchase of any such article for the exclusive use of its school 
which qualifies for the exemption; and it is agreed that if any article 
purchased tax free under this exemption certificate is used otherwise, 
such fact will be reported to the retailer from whom the tax-free 
purchase was made.
    The school operated as an activity of the church or other 
organization described in section 501(c)(3) of the Internal Revenue Code 
of 1954, normally maintains a regular faculty and curriculum and 
normally has a regularly enrolled body of pupils or students in 
attendance at the place where its educational activities are regularly 
carried on.
    I understand that the fraudulent use of this certificate for the 
purpose of securing this exemption will subject me and all parties 
making such fraudulent use of this certificate to a fine of not more 
than $10,000, or to imprisonment for not more than 5 years, or both, 
together with costs of prosecution.
.......................................................................

                  (Signature of authorized individual)

.......................................................................

                                (Address)

    (e) Frequency of certificates. Where only occasional sales are made 
by a retailer to a nonprofit educational organization, as defined in 
paragraph (b) of this section, a separate exemption certificate should 
be furnished for each order. However, where sales by the retailer to the 
educational organization are regularly or frequently made, a certificate 
covering all orders for a specified period not to exceed 12 calendar 
quarters will be acceptable. Such certificate and proper records of 
invoices, orders, etc., relative to tax-free sales must be readily 
accessible for inspection by internal revenue officers and retained as 
provided in section 6001 of the Code and the regulations thereunder.
    (f) Prima facie evidence of exempt use. The exemption certificate 
procured by the retailer from the purchasing nonprofit educational 
organization will be acceptable as prima facie evidence that the article 
is purchased for the exclusive use of such organization.
    (g) Exemption certificate not obtained prior to filing of retailer's 
excise tax return. If the sale is otherwise exempt but the exemption 
certificate is not obtained prior to the time the retailer files a 
return covering taxes due for the period in which the sale was made, the 
retailer must include the tax on such sale in its return for that 
period. However, if the certificate is later obtained, a credit may be 
taken on a subsequent return or a claim for refund of the tax paid on 
such sale may be filed, within the period of limitation prescribed by 
section 6511(b) of the Code and Sec. 301.6511(b)-1 of this chapter.

[T.D. 7536, 43 FR 13516, Mar. 31, 1978. Redesignated by T.D. 8066, 51 FR 
14, Jan. 2, 1986]





Sec. 48.4041-18  Fuels containing alcohol.

    (a) In general--(1) Sale or use after December 31, 1984 and before 
January 1, 1993. Under section 4041(k) the rate of tax applicable to the 
sale or use after December 31, 1984 and before January 1, 1993, of any 
liquid fuel described in section 4041(a) (1) or (2) which consists of at 
least 10% alcohol by volume is:
    (i) 9 cents for each gallon of alcohol mixture sold or used in the 
case of mixtures described in section 4041(a)(1); or
    (ii) 3 cents for each gallon of alcohol mixture sold or used in the 
case of mixtures described in section 4041(a)(2). The amount of tax is 
based upon the total volume of fuel and not merely

[[Page 95]]

upon the volume of the nonalcohol components of such fuel. However, see 
section 4041(b)(2) and Sec. 48.4041-19 for rules relating to the 
complete exemption from taxes imposed by section 4041(a) where at least 
85% of the fuel consists of alcohol produced from certain sources.
    (2) Sale or use after March 31, 1983, and before January 1, 1985. 
For rules relating to the rate of tax imposed on the sale or use after 
March 31, 1983, and before January 1, 1985 of any liquid fuel described 
in section 4041(a) (1) or (2) which consists of at least 10% alcohol by 
volume, see section 4041(k) prior to the enactment of the Tax Reform Act 
of 1984 (Pub. L. 98-369, 98 Stat. 1007).
    (3) Sale or use before April 1, 1983. No tax is imposed upon the 
sale or use of any liquid fuel described in section 4041(a) (1) or (a) 
(2) which consists of at least 10% alcohol if the sale or use occurs 
after December 31, 1978 and before April 1, 1983.
    (4) Rate of tax for mixtures which fail to qualify. If an alcohol 
mixture fuel fails to qualify under this section, the entire mixture is 
taxed at the rate of tax specified under section 4041(a)(1) if the 
mixture contains diesel fuel, or section 4041(a)(2) if the mixture 
contains special motor fuel.
    (b) Alcohol mixture fuels qualifying for special tax treatment. In 
order to qualify for the reduced rates of tax described in paragraphs 
(a)(1) and (a)(2) of this section or the exemption from tax described in 
paragraph (a)(3) of this section, at least 10% of an alcohol mixture 
fuel must consist of alcohol as defined in section 4081(c) and 
Sec. 48.4081--2(a)(4) of the regulations. The actual gallonage of each 
component of the mixture (without adjustment for temperature) shall be 
used in determining whether the 10 percent alcohol requirement has been 
met. Further, in determining whether a particular mixture containing 
less than 10 percent alcohol satisfies this percentage requirement, the 
District Director shall take into account the existence of any facts and 
circumstances that establish that but for the commercial and operational 
realities of the blending process, it may reasonably be concluded that 
the mixture would have contained at least 10 percent alcohol. A 
circumstance from which it might be concluded that the mixture would 
have contained 10 percent alcohol but for its existence is 
malfunctioning of the meter measuring the amount of a component pumped 
into a mixture. However, the necessary facts and circumstances will not 
be found to exist if over a period of time the mixtures blended by a 
blender show a consistent pattern of failing to contain 10 percent 
alcohol. In no case will any mixture containing less than 9.802 percent 
alcohol qualify for the reduced rates set forth in this section. See 
paragraph (f) of this section for rules relating to information required 
to be attached to the taxpayer's return of the tax imposed by chapter 31 
relating to the alcohol content of the mixture for which tax is paid.
    (c) Later separation. If a person separates out the alcohol from a 
mixture which has been taxed under the rates of section 4041(k), such 
separation will be treated as a sale of the liquid on the date separated 
and is subject to tax at the rates set forth under section 4041(a)(1) or 
(2). The tax liability incurred upon the separation is reduced by the 
amount of any tax previously imposed under section 4041. Thus, if Y buys 
1000 gallons of alcohol mixture fuel taxed at the rate of 3 cents per 
gallon under section 4041(k) and later separates the fuel into 900 
gallons of special motor fuel and 100 gallons of alcohol, the separation 
is treated as a sale of 900 gallons of special motor fuel, taxed at the 
rate of 9 cents per gallon under section 4041(a), and a sale of 100 
gallons of alcohol, exempt from tax under section 4041(b)(2). The tax of 
$81 on the deemed sale of special motor fuel is reduced by the tax of 
$30 previously paid on the sale of the alcohol mixture fuel.
    (d) Exemption from tax for alcohol mixture fuels sold or used in an 
aircraft in noncommercial aviation--(1) In general. No tax is imposed 
upon the sale or use of any liquid fuel described in section 4041 (a)(1) 
or (a)(2) which consists of at least 10% alcohol if such fuel is sold to 
or used by an owner, lessee or other operator of an aircraft as fuel in 
such aircraft in noncommercial aviation. See section 4041(c)(4) and the 
regulations thereunder for the definition of noncommercial aviation.

[[Page 96]]

    (2) Failure to use alcohol mixture fuel in an aircraft in 
noncommercial aviation. If fuel which is exempt from tax under paragraph 
(d)(1) of this section is not used as fuel in an aircraft in 
noncommercial aviation, any other use or sale of such fuel will be 
considered the use or sale of an alcohol mixture fuel subject to tax 
according to the rules of this section.
    (e) Refunds relating to diesel, special motor and noncommercial 
aviation fuels. See section 6427 for rules which relate to the allowance 
of a refund or credit to a person who uses tax-paid diesel, special 
motor or noncommercial aviation fuels to produce an alcohol mixture 
fuel.
    (f) Records required to be furnished by the taxpayer. A taxpayer 
making a return of the tax imposed by chapter 31 indicating payment of 
the tax under section 4041(k) and Sec. 48.4041-18 at the reduced rate 
must attach a statement to the return indicating the total number of 
gallons of alcohol mixture fuels containing at least 10 percent alcohol 
and the total number of gallons of alcohol mixture fuels containing less 
than 10 percent alcohol but more than 9.802 percent alcohol. However, 
the taxpayer does not have to specify the precise mixture ratio for 
every mixture blended for which tax is being paid. For example, the 
taxpayer pays tax for 10,000 gallons of alcohol mixture fuels. Of these 
mixtures, 1,000 gallons contain 9.9 percent alcohol, 1,500 gallons 
contain 9.91 percent alcohol and 7,500 gallons contain 10 percent 
alcohol. The taxpayer seeks to have all of the mixtures described above 
qualify for taxation at the reduced rate under the rules of paragraph 
(b) of this section. The blender must attach a statement to the return 
of tax filed for these mixtures indicating that of the 10,000 gallons, 
7,500 gallons contain at least 10 percent alcohol and 2,500 gallons 
contain less than 10 percent alcohol.
    (g) Alcohol mixture fuel within the tank of a vehicle--(1) Mixtures 
within the tank of a vehicle before April 1, 1983. If an alcohol mixture 
fuel is put into the tank of a vehicle prior to April 1, 1983, the fuel 
is considered used prior to that date. Thus, such fuel will not be 
subject to the tax described in paragraph (a)(2) of this section and 
will be exempt from tax according to the provision of paragraph (a)(3) 
of this section.
    (2) Mixture within the tank of a vehicle before January 1, 1985. If 
an alcohol mixture is put into the tank of a vehicle prior to January 1, 
1985, the fuel is considered used prior to that date. Thus, such fuel is 
subject to the tax described in paragraph (a)(2) of this section.

[T.D. 8152, 52 FR 31616, Aug. 21, 1987]





Sec. 48.4041-19  Exemption for qualified methanol and ethanol fuel.

    (a) In general. Under section 4041(b)(2), the tax imposed upon the 
sale or use of motor fuels under section 4041(a) does not apply to the 
sale or use of qualified methanol or ethanol fuel.
    (b) Qualified methanol or ethanol fuel defined. For purposes of 
section 4041(b)(2) and this section, qualified methanol or ethanol fuel 
is liquid motor fuel, 85% of the volume of which consists of alcohol, as 
defined in section 4081(c) and Sec. 48.4081-2(a)(4) of the regulations 
as modified by the following sentence. For purposes of section 
4041(b)(2) and this section, the alcohol contained in a qualified 
methanol or ethanol fuel may be produced from coal. The actual gallonage 
of each component of the mixture (without adjustment for temperature) 
shall be used in determining whether the 85 percent alcohol has been 
met. Further, in determining whether a particular mixture containing 
less than 85 percent alcohol satisfies this percentage requirement, the 
District Director shall take into account the existence of any facts and 
circumstances, that establish that but for the commercial and 
operational realities of the blending process, it may reasonably be 
concluded that the mixture would have contained at least 85 percent 
alcohol. The necessary facts and circumstances will not be found to 
exist if over a period of time the mixtures blended by a blender show a 
consistent pattern of failing to contain 85 percent alcohol.
    (c) Mixtures which do not qualify as qualified methanol or ethanol 
fuel. If a methanol or ethanol fuel does not qualify as qualified 
methanol or ethanol fuel under this section, the entire mixture is taxed 
at the rate of tax applicable to sales of special motor fuels under 
section 4041(a)(2) of the Code.

[[Page 97]]

    (d) Refunds relating to fuels used to produce qualified fuels. See 
section 6427 for rules which relate to the allowance of a refund or 
credit to a person who uses tax-paid diesel, special motor or 
noncommercial aviation fuels to produce a qualified methanol or ethanol 
fuel and section 6416 for rules which relate to the allowance of a 
refund or credit to a person who uses tax-paid gasoline to produce a 
qualified methanol or ethanol fuel.
    (e) Later blending. If a qualified methanol or ethanol fuel is 
blended with other motor fuel in a mixture less than 85 percent of which 
consists of alcohol, the subsequent sale or use of such alcohol mixture 
fuel is taxable under the provisions of section 4041 or section 4081 
subject to the requirements, limitations and exemptions of those 
sections. Thus, if the alcohol mixture fuel is at least 10% alcohol by 
volume, sale or use of the fuel is taxed at the rates provided in 
section 4041(k) or section 4081(c), but if the fuel is less than 10% 
alcohol, sale or use of the fuel is taxed at the rates provided in 
section 4041(a) or section 4081(a).
    (f) Effective date. Section 4041(b)(2) applies to sales or uses 
after March 31, 1983, and before October 1, 1988.

[T.D. 8152, 52 FR 31617, Aug. 21, 1987]





Sec. 48.4041-20  Partially exempt methanol and ethanol fuel.

    (a) In general. Under section 4041(m), the sale or use of partially 
exempt methanol or ethanol fuel is taxed at the rate of 4\1/2\ cents per 
gallon of fuel sold or used. The amount of tax is based upon the total 
volume of fuel and not merely upon the nonalcohol portion of the fuel.
    (b) Partially exempt methanol or ethanol fuel defined. For purposes 
of section 4041(m) and this section, partially exempt methanol or 
ethanol fuel is liquid motor fuel, 85% of which by volume consists of 
alcohol, as defined in section 4081 and Sec. 48.4081-2(a)(4) of the 
regulations, as modified by the following sentence. For purposes of 
section 4041(m) and this section, the alcohol contained in partially 
exempt methanol or ethanol fuel must be produced from natural gas. The 
actual gallonage of each component of the mixture (without adjustment 
for temperature) shall be used in determining whether the 85 percent 
alcohol requirement has been met. Further, in determining whether a 
particular mixture containing less than 85 percent alcohol satisfies 
this percentage requirement, the District Director shall take into 
account the existence of any facts and circumstances that establish that 
but for the commercial and operational realities of the blending 
process, it may reasonably be concluded that the mixture would have 
contained at least 85 percent alcohol. The necessary facts and 
circumstances will not be found to exist if over a period of time the 
mixtures blended by a blender show a consistent pattern of failing to 
contain 85 percent alcohol. See paragraph (f) of this section for rules 
relating to information required to be attached to the taxpayer's return 
of the tax imposed by chapter 31 relating to the alcohol content of the 
partially exempt methanol or ethanol fuel for which tax is paid.
    (c) Mixtures which do not qualify as partially exempt methanol or 
ethanol fuel. If methanol or ethanol fuel does not qualify as partially 
exempt methanol or ethanol fuel under this section, the entire mixture 
is taxed at the rate of tax applicable under section 4041(a)(2) of the 
Code.
    (d) Refunds relating to fuels. See section 6427 for rules which 
relate to the allowance of a refund or credit to a person who uses tax-
paid diesel, special motor or noncommercial aviation fuel to produce a 
partially exempt methanol or ethanol fuel and section 6416 for rules 
which relate to the allowance of a refund or credit to a person who uses 
tax-paid gasoline to produce a partially exempt methanol or ethanol 
fuel.
    (e) Later blending. If a partially exempt methanol or ethanol fuel 
is blended with other motor fuel in a mixture less than 85 percent of 
which consists of alcohol, the subsequent sale or use of such blended 
motor fuel is taxable under the provisions of section 4041(a) or section 
4081(a), subject to the requirements, limitations and exemptions of 
those sections.
    (f) Records required to be furnished by the taxpayer. A taxpayer 
making a return of the tax imposed by chapter 31 indicating payment of 
the tax under section 4041(m) and Sec. 48.4041-20 at the

[[Page 98]]

reduced rate must attach a statement to the return indicating the total 
number of gallons of partially exempt methanol or ethanol fuel 
containing at least 85 percent alcohol and the total number of gallons 
of partially exempt methanol or ethanol fuel containing less than 85 
percent alcohol, but qualifying for taxation at the reduced rate under 
the rules of paragraph (b) of this section. However, the taxpayer does 
not have to specify the precise mixture ratio of every mixture blended 
for which tax is being paid.
    (g) Effective date. Section 4041(m) applies to sales and uses after 
July 31, 1984. If methanol or ethanol fuel meeting the requirements of 
paragraph (b) of this section was put into the tank of a vehicle prior 
to August 1, 1984, the fuel is considered used prior to that date and is 
subject to the tax described in paragraph (a) of section 4041.

[T.D. 8152, 52 FR 31617, Aug. 21, 1987]





Sec. 48.4041-21  Compressed natural gas (CNG).

    (a) Delivery of CNG into the fuel supply tank of a motor vehicle or 
motorboat--(1) Imposition of tax. Tax is imposed on the delivery of 
compressed natural gas (CNG) into the fuel supply tank of the propulsion 
engine of a motor vehicle or motorboat unless tax was previously imposed 
on the CNG under paragraph (b) of this section.
    (2) Liability for tax. If the delivery of the CNG is in connection 
with a sale, the seller of the CNG is liable for the tax imposed under 
paragraph (a)(1) of this section. If the delivery of the CNG is not in 
connection with a sale, the operator of the motor vehicle or motorboat, 
as the case may be, is liable for the tax imposed under paragraph (a)(1) 
of this section.
    (b) Bulk sales of CNG--(1) In general. Tax is imposed on the sale of 
CNG that is not in connection with the delivery of the CNG into the fuel 
supply tank of the propulsion engine of a motor vehicle or motorboat if, 
by the time of the sale--
    (i) The buyer has given the seller a written statement stating that 
the entire quantity of the CNG covered by the statement is for use as a 
fuel in a motor vehicle or motorboat; and
    (ii) The seller has given the buyer a written acknowledgement of 
receipt of the statement described in paragraph (b)(1)(i) of this 
section.
    (2) Liability for tax. The seller of the CNG is liable for the tax 
imposed under this paragraph (b).
    (c) Exemptions--(1) In general. The taxes imposed under this section 
do not apply to a delivery or sale of CNG for a use described in 
Sec. 48.4082-4(c)(1) through (c)(4)(i) or (c)(5) through (c)(10). 
However, if the person otherwise liable for tax under this section is 
the seller of the CNG, the exemption under this section applies only if, 
by the time of sale, the seller receives an unexpired certificate (as 
described in this paragraph (c)) from the buyer and has no reason to 
believe any information in the certificate is false.
    (2) Certificate; in general. The certificate to be provided by a 
buyer of CNG is to consist of a statement that is signed under penalties 
of perjury by a person with authority to bind the buyer, should be in 
substantially the same form as the model certificate provided in 
paragraph (c)(4) of this section, and should contain all information 
necessary to complete the model certificate. A new certificate must be 
given if any information in the current certificate changes. The 
certificate may be included as part of any business records normally 
used to document a sale. The certificate expires on the earliest of the 
following dates:
    (i) The date one year after the effective date of the certificate 
(which may be no earlier than the date it is signed).
    (ii) The date a new certificate is provided to the seller.
    (iii) The date the seller is notified by the Internal Revenue 
Service or the buyer that the buyer's right to provide a certificate has 
been withdrawn.
    (3) Withdrawal of the right to provide a certificate. The Internal 
Revenue Service may withdraw the right of a buyer of CNG to provide a 
certificate under this paragraph (c) if the buyer uses CNG to which a 
certificate applies in a taxable use. The Internal Revenue Service may 
notify any seller to whom the buyer has provided a certificate that the 
buyer's right to provide a certificate has been withdrawn.
    (4) Model certificate.

[[Page 99]]

    Certificate of Person Buying Compressed Natural Gas (CNG) for a 
                             Nontaxable Use

(To support tax-free sales of CNG under section 4041 of the Internal 
Revenue Code.)

_______________________________________________________________________
_______________________________________________________________________

Name, address, and employer identification number of seller

    ____________________ (``Buyer'') certifies the following under 
penalties of perjury:
    The CNG to which this certificate relates will be used in a 
nontaxable use.
    This certificate applies to the following (complete as applicable):
    If this is a single purchase certificate, check here ______ and 
enter:
    1. Invoice or delivery ticket number ________________
    2. ________ (number of MCFs) ________
    If this is a certificate covering all purchases under a specified 
account or order number, check here ______ and enter:
    1. Effective date ________________
    2. Expiration date ________________ (period not to exceed 1 year 
after the effective date)
    3. Buyer account or order number ________________
    Buyer will not claim a credit or refund under section 6427 of the 
Internal Revenue Code for any CNG to which this certificate relates.
    Buyer will provide a new certificate to the seller if any 
information in this certificate changes.
    Buyer understands that if Buyer violates the terms of this 
certificate, the Internal Revenue Service may withdraw Buyer's right to 
provide a certificate.
    Buyer has not been notified by the Internal Revenue Service that its 
right to provide a certificate has been withdrawn. In addition, the 
Internal Revenue Service has not notified Buyer that the right to 
provide a certificate has been withdrawn from a purchaser to which Buyer 
sells CNG tax free.
    Buyer understands that the fraudulent use of this certificate may 
subject Buyer and all parties making any fraudulent use of this 
certificate to a fine or imprisonment, or both, together with the costs 
of prosecution.
_______________________________________________________________________
Printed or typed name of person signing

_______________________________________________________________________
Title of person signing

_______________________________________________________________________
Employer identification number

_______________________________________________________________________
Address of Buyer

_______________________________________________________________________
Signature and date signed

    (d) Rate of tax. The rate of the tax imposed under this section is 
the rate prescribed by section 4041(a)(3).
    (e) Effective date. This section is effective October 1, 1995.

[T.D. 8609, 60 FR 40082, Aug. 7, 1995; 60 FR 50245, Sept. 28, 1995; T.D. 
8659, 61 FR 10453, Mar. 14, 1996]



                Subpart G--Fuel Used on Inland Waterways

    Source: T.D. 7536, 43 FR 13516, Mar. 31, 1978, unless otherwise 
noted.





Sec. 48.4042-1  Tax on fuel used in commercial waterway transportation.

    (a) In general. Section 4042(a) imposes an excise tax on the use of 
liquid fuel in the propulsion system of commercial transportation 
vessels while traveling on certain inland and intracoastal waterways 
(see Sec. 48.4042-1 (f)). The tax applies generally to all types of 
vessels, including ships, barges, and tugboats. It is in addition to all 
other taxes imposed on the sale or use of fuel.
    (b) Amount of tax. For the amount of tax, see section 4042(b).
    (c) Person liable for tax. The person operating the vessel in which 
the propulsion fuel is consumed is the user of liquid fuel for purposes 
of section 4042(a). Thus, a person who operates (or whose employees 
operate) a vessel is responsibile for filing returns and paying the tax. 
If a vessel owner (or lessee) contracts with an independent contractor 
to operate the vessel, the independent contractor is the user of liquid 
fuel for purposes of section 4042(a), regardless of who purchases the 
fuel.
    (d) Time of use. Fuel is not taxed by section 4042(a) when put into 
a vessel's tanks. For purposes of section 4042(a), fuel is used when it 
is actually consumed by a vessel's engine.
    (e) Liquid fuel. For purposes of the tax imposed under this section, 
liquid fuel means any liquid fuel including gasoline, diesel fuel, 
special motor fuel, or Bunker C residual fuel oil.
    (f) Commercial waterway transportation--(1) In general. For purposes 
of section 4042(a) and Sec. 48.4042-2(c)(1), the term ``commercial 
waterway transportation'' means the use of a vessel on the waterways 
specified in paragraphs (g) (1) through (27) of this section if:

[[Page 100]]

    (i) Use of the vessel is in the business of transporting property 
for compensation or hire, or
    (ii) Use of the vessel is in transporting property in the business 
of the owner, lessee, or operator of the vessel (whether or not a fee is 
charged).

Except for the operation of certain fishing vessels, the operation of 
all vessels satisfying the requirements of paragraph (f)(1)(i) or 
(1)(ii) of this section will be deemed ``commercial waterway 
transportation,'' regardless of whether the vessel is actually engaged 
in the transportation of property on a particular voyage. Thus, 
``commercial waterway transportation'' includes the operation of vessels 
while moving empty of cargo, while awaiting passage through locks, while 
dislodging vessels grounded on a sandbar, while moving to or from a 
repair facility, while maneuvering around loading and unloading docks, 
and while fleeting barges into a single tow.
    (2) Fishing vessels exception. A vessel does not transport property 
in the business of the owner, lessee, or operator, for purposes of 
paragraph (f)(1)(ii) of this section, by merely transporting fish or 
other aquatic animal life caught on the voyage. The tax imposed by 
section 4042(a) does not apply to fuel used by a fishing vessel while 
traveling to a fishing site, while engaged in fishing, or while 
returning from the fishing site with its catch. However, the tax applies 
to fuel used by a commercial vessel along the taxable waterways while 
traveling to pick up aquatic animal life caught by another vessel and 
while transporting the catch of such other vessel.
    (g) Specified waterways. Only fuel used on those waterways specified 
in section 206 of the Inland Waterways Revenue Act of 1978 (specified 
waterways) is taxable. The specified waterways are as follows:
    (1) Alabama-Coosa Rivers: From junction with the Tombigbee River at 
river mile (hereinafter referred to as RM) 0 to junction with the Coosa 
River at RM 314.
    (2) Allegheny River: From confluence with the Monongahela River to 
form the Ohio River at RM 0 to the head of the existing project at East 
Brady, Pennsylvania, RM 72.
    (3) Apalachicola-Chattachoochee and Flint Rivers: Apalachicola River 
from mouth at Apalachicola Bay (intersection with the Gulf Intracoastal 
Waterway) RM 0 to junction with Chattachoochee and Flint Rivers at RM 
107.8. Chattachoochee River from junction with Apalachicola and Flint 
Rivers at RM 0 to Columbus, Georgia, at RM 155 and Flint River, from 
junction with Apalachicola and Chattachoochee Rivers at RM 0 to 
Bainbridge, Georgia, at RM 28.
    (4) Arkansas River (McClellan-Kerr Arkansas River Navigation 
System): From junction with Mississippi River at RM 0 to port of 
Catoosa, Oklahoma, at RM 448.2.
    (5) Atchafalaya River: From RM 0 at its intersection with the Gulf 
Intracoastal Waterway at Morgan City, Louisiana, upstream to junction 
with Red River at RM 116.8.
    (6) Atlantic Intracoastal Waterway (A.I.W.W.): Two inland water 
routes approximately paralleling the Atlantic coast between Norfolk, 
Virginia, and Miami, Florida, for 1,192 miles via both the Albermarle 
and Chesapeake Canal and Great Dismal Swamp Canal routes. For vessels 
traveling along the A.I.W.W. no matter how short the distance, the 
A.I.W.W. includes the main channel, all alternate channels, and all 
adjoining bays and sounds, regardless of depth. However, vessels merely 
crossing the A.I.W.W. on route either to a coastal port or to a 
nonspecified waterway will not be treated as traveling on the A.I.W.W.
    (7) Black Warrior-Tombigbee-Mobile Rivers: Black Warrior River 
System from RM 2.9, Mobile River (at Chickasaw Creek) to confluence with 
Tombigbee River at RM 45. Tombigbee River (to Demopolis at RM 215.4) to 
port of Birmingham, RM's 374--411 and upstream to head of navigation on 
Mulberry Fork (RM 429.6), Locust Fork (RM 407.8), and Sipsey Fork (RM 
430.4).
    (8) Columbia River (Columbia-Snake Rivers Inland Waterways): From 
The Dalles at RM 191.5 to Pasco, Washington (McNary Pool), at RM 330, 
Snake River from RM 0 at the mouth to RM 231.5 at Johnson Bar Landing, 
Idaho.

[[Page 101]]

    (9) Cumberland River: Junction with Ohio River at RM 0 to head of 
navigation, upstream to Carthage, Tennessee, at RM 313.5.
    (10) Green and Barren Rivers: Green River from junction with the 
Ohio River at RM 0 to head of navigation at RM 149.1.
    (11) Gulf Intracoastal Waterway (G.I.W.W.): From the mouth of St. 
Mark's River, Florida, to Brownsville, Texas, 1,134.5 miles. For vessels 
traveling along the G.I.W.W. no matter how short the distance, the 
G.I.W.W. includes the main channel, all alternate channels, and all 
adjoining bays and sounds, regardless of depth. However, vessels merely 
crossing the G.I.W.W. on route either to a coastal port or to a 
nonspecified waterway will not be treated as traveling on the G.I.W.W.
    (12) Illinois Waterway: Illinois River from junction with the 
Mississippi River at RM 0 to the Des Plaines River and along the Des 
Plaines River to Lockport Lock and Dam at RM 291. Chicago Sanitary and 
Ship Canal from Lockport Lock and Dam at RM 291 to the South Branch 
Chicago River and along the South Branch Chicago River to Lake Street, 
Chicago at RM 325.5 near Chicago Harbor. Calumet-Sag Channel from 
junction with the Chicago Sanitary and Ship Canal to the Little Calumet 
River and along the Little Calumet and Calumet Rivers to turning basin 
5, near the entrance to Lake Calumet, an additional 23.8 RMS. Total 
waterway distance approximately 350 RMs.
    (13) Kanawha River: From junction with Ohio River at RM 0 to RM 90.6 
at Deepwater, West Virginia.
    (14) Kaskaskia River: From junction with the Mississippi River at RM 
0 to RM 36.2 at Fayetteville, Illinois.
    (15) Kentucky River: From junction with Ohio River at RM 0 to 
confluence of Middle and North Forks at RM 258.6.
    (16) Lower Mississippi River: From Baton Rouge, Louisiana, RM 233.9 
to Cairo, Illinois, RM 953.8.
    (17) Upper Mississippi River: From Cairo, Illinois, RM 953.8 to 
Minneapolis, Minnesota, RM 1,811.4.
    (18) Missouri River: From junction with Mississippi River at RM 0 to 
Sioux City, Iowa, at RM 734.8.
    (19) Monongahela River: From junction with Allegheny River to form 
the Ohio River at RM 0 to junction of the Tygart and West Fork Rivers, 
Fairmont, West Virginia, at RM 128.7.
    (20) Ohio River: From junction with the Mississippi River at RM 0 to 
junction of the Allegheny and Monongahela Rivers at Pittsburgh, 
Pennsylvania, at RM 981.
    (21) Ouachita-Black Rivers: From the mouth of the Black River at its 
junction with the Red River at RM 0 to RM 351 at Camden, Arkansas.
    (22) Pearl River: From junction of West Pearl River with the 
Rigolets at RM 0 to Bogalusa, Louisiana, RM 58.
    (23) Red River: From RM 0 to the mouth of Cypress Bayou at RM 236.
    (24) Tennessee River: From junction with Ohio River at RM 0 to 
confluence with Holstein and French Rivers at RM 652.
    (25) Tennessee-Tombigbee Waterway: From its confluence with the 
Tennessee River to the Warrior River at Demopolis, Alabama.
    (26) White River: From RM 9.8 to RM 255 at Newport, Arkansas.
    (27) Willamette River: From RM 21 upstream of Portland, Oregon, to 
Harrisburg, Oregon, at RM 194.

[T.D. 7727, 45 FR 70861, Oct. 27, 1980. Redesignated by T.D. 8066, 51 FR 
14, Jan. 2, 1986, as amended by T.D. 8659, 61 FR 10453, Mar. 14, 1996]





Sec. 48.4042-2  Special rules.

    (a) Dual use of liquid fuels--(1) Dual use by the propulsion engine. 
The tax imposed by section 4042(a) applies to all taxable liquid used as 
a fuel in the propulsion system of the vessel, regardless of whether the 
engine (or other propulsion system) is used for a purpose other than 
propulsion of the vessel. For purposes of this section, any engines 
generating movement of a vessel (including bow thrusters used for 
steering) are part of the propulsion system. The tax does not apply to 
fuel consumed in engines which are not used to generate movement of a 
vessel. When the propulsion engine operates special equipment by means 
of a power take-off or power transfer, the tax applies to all liquid 
fuel consumed by that engine. For example, the tax applies to all fuel

[[Page 102]]

used in the engine operating an alternator, a generator, or pumps, if 
that engine is used to generate movement of a vessel.
    (2) Common tank. If the liquid fuel consumed by a nonpropulsion 
engine is drawn from the same tank as fuel consumed by a propulsion 
engine, a reasonable determination of the quantity of fuel used in such 
a separate engine will be acceptable for purposes of excluding from 
taxation a portion of the fuel consumed by the vessel. The determination 
of the amount of fuel consumed by the nonpropulsion engine may be based 
primarily on the operating experience of the person using the fuel; 
however, in order to exclude fuel from taxation under the rule set out 
in this paragraph (a)(2), the taxpayer must maintain records which will 
support the allocation used.
    (b) Voyages crossing boundaries of the specified waterways. Fuel 
consumed by a vessel traveling along the specified waterways is taxable 
only to the extent of fuel consumed for propulsion while on the 
specified waterways. Generally, the operator may calculate the amount of 
fuel consumed while on the specified waterways during a particular 
voyage by mulitplying total fuel consumed in the propulsion engine by a 
fraction. The numerator of the fraction is the time spent operating on 
the specified waterways; the denominator is the total time spent 
operating on the specified and nonspecified waterways during the voyage. 
This calculation may not be used when it is unreasonable. It may be 
determined to be unreasonable by:
    (1) Better evidence of fuel consumed (e.g., readings from an 
accurate fuel gauge or records from similar voyages); or
    (2) The existence of factors causing a substantial discrepancy 
between the rate of fuel consumption on the specified and nonspecified 
waterways.
    (c) Records required. (1) All operators of vessels used in 
commercial waterway transportation must maintain records sufficient to 
establish to the satisfaction of the district director the amount of 
fuel used for taxable purposes. Those records may include, when relevant 
to establish liability:
    (i) Quantity of fuel and date of acquisition of all liquid fuels 
acquired for both taxable and nontaxable purposes, whether delivered to 
storage tanks or tanks on a vessel;
    (ii) Date and quantity of fuel pumped into tanks on each vessel;
    (iii) Identification number or name of each vessel using fuel; and
    (iv) Departure time, departure point, route traveled, destination, 
and arrival time for each vessel.
    (2) Vessel operators seeking a tax exemption provided by section 
4042(c) must maintain records which will support any exemption claimed. 
Where applicable, the records shall contain:
    (i) The draft of the vessel on each voyage (for exemption under 
section 4042(c)(1));
    (ii) The type of vessel in which fuel is consumed and the type of 
vessel in which cargo is transported (for exemption under section 
4042(c) (1), (2) or (4); and
    (iii) The ultimate use of cargo transported (for exemption under 
section 4042(c)(3)).

[T.D. 7727, 45 FR 70862, Oct. 27, 1980, as amended by T.D. 8442, 57 FR 
48186, Oct. 22, 1992]





Sec. 48.4042-3  Certain types of commercial waterway transportation excluded.

    (a) Deep draft ocean-going vessels--(1) In general. Under section 
4042(c)(1), there is no tax imposed by section 4042(a) if:
     (i) The vessel was designed primarily for use on the high seas; and
    (ii) The vessel has a draft of more than 12 feet on the voyage for 
which the fuel tax exclusion is sought (e.g. 12 feet 1 inch).
    (2) Meaning of ``designed primarily for use on the high seas.'' 
Section 4042(c)(1) requires a determination of the primacy of the design 
features rendering the vessel useful for service on the high seas, as 
opposed to the features which render the vessel useful for service on 
all less turbulent waters. Thus, whether a ship is ``designed primarily 
for use on the high seas'' must be determined from all the facts, 
including structural features and equipment. If the predominant use of a 
vessel is on the high

[[Page 103]]

seas, it shall be presumed to be ``designed primarily for use on the 
high seas.'' If the predominant use of a vessel is on waters other than 
the high seas, it shall be presumed not to be ``designed primarily for 
use on the high seas.''
    (3) Meaning of ``high seas.'' For purposes of this section, ``high 
seas'' shall mean waters other than the territorial waters of the United 
States or any other country. Thus, the high seas shall not include the 
internal waters of any country, the Great Lakes, harbors, or narrow 
coastal indentations.
    (4) Twelve foot draft--(i) Definition. For purposes of section 
4042(c)(1), ``draft'' shall mean the maximum vertical distance between 
the mean water line and the bottom of the keel. In cases where a vessel 
has a skeg or other appendage extending locally below the line of the 
keel, the draft shall be measured from the deepest appendage. A separage 
determination of draft must be made for each voyage when the vessel has 
its greatest load of cargo and fuel. For purposes of this determination, 
the term ``voyage'' means a round trip voyage. Therefore, if a vessel 
travels into the specified waterway system to pick up cargo and has a 
draft sufficient to qualify for the exclusion when loaded, then for 
purposes of section 4042(c)(1) the vessel satisfies the 12 foot draft 
requirement for the entire voyage. Similarly, if a vessel loaded with 
cargo travels into the specified waterway system with a draft sufficient 
to qualify for the exclusion provided by section 4042(c)(1), then the 
fuel consumed on the entire voyage may be excluded, regardless of the 
vessel's draft after the cargo is unloaded.
    (ii) Example. The following example illustrates the application of 
paragraph (a)(4)(i) of this section:

    Example. A ship with a design draft of 20 feet (maximum certified 
draft when fully loaded) travels into a taxable waterway with only a 
partial load, such that the draft is 12 feet. The ship unloads and 
departs the waterway empty. The portion of the fuel consumed for 
propulsion of the vessel on the specified waterway is taxable because 
only vessels with a draft greater than 12 feet are eligible for the 
section 4042(c)(1) exemption from tax.

    (b) Commercial passenger vessels. Under section 4042(c)(2), the tax 
imposed by section 4042(a) does not apply to fuel consumed by vessels 
used primarily for the transportation of persons. Thus, commercial 
passenger vessels while being operated as passenger vessels are not 
subject to tax, even if such vessels in fact transport property in 
addition to transporting passengers. Similarly, ferry boats carrying 
passengers are not subject to tax, even if such vessels carry the 
passengers' automobiles.
    (c) Exemption for State or local governments--(1) In general. Under 
section 4042(c)(3), there is no tax imposed by section 4042(a) if:
     (i) The vessel is being used by a State or local government; and
    (ii) The vessel is being used in transporting property in the State 
or local government's business.
    (2) State or local government. For purposes of paragraph (c)(1)(i) 
of this section a ``vessel is being used by a State or local 
government'' if it is operated by any State, the District of Columbia, 
or any political subdivision of a State. If a private party is 
contracted to haul for a State or local government, the vessel is not 
``being used by a State or local government.'' Similarly, if a person 
other than a State or local government is contracted to supply vessel 
operators, the fuel consumed by the vessel is not used ``by a State or 
local government,'' regardless of ownership of the vessel. However, when 
a local government leases barges and employees of the local government 
operate the barges, the vessel is being used by the local government.
    (3) Government business. The test for whether a vessel is being used 
``in transporting in a State or local government's business,'' within 
the meaning of paragraph (c)(1)(ii) of this section, is whether the 
ultimate use of the cargo is for a function which is ordinarily carried 
out by governmental units. For example, when the cargo transported is 
salt to be spread on icy roads, the vessel is being used ``in 
transporting in a State or local business'' because the use to which the 
cargo will be put (road maintenance) is a function ordinarily performed 
by governmental units. Fuel consumed in a vessel transporting property 
for compensation or in furtherance of a business not ordinarily carried 
out by a governmental unit is

[[Page 104]]

not exempt from taxation by section 4042(c)(3).
    (d) Ocean-going barges. Under section 4042(c)(4), the tax imposed by 
section 4042(a) does not apply to fuel consumed by tugs moving 
exclusively barges released by ocean-going carriers solely to pick up or 
deliver international cargos. The tax exemption provided by section 
4042(c)(4) applies to LASH barges, SEABEE barges, and all other ocean-
going barges carried aboard ocean-going vessels. There is no exemption 
under section 4042(c)(4) while:
    (1) One or more of the barges in the tow is not a LASH barge, SEABEE 
barge, or other ocean-going barge carried aboard on ocean-going vessel; 
or
    (2) One or more of the barges in the tow is not on an international 
voyage; or
    (3) Part of the cargo in the tow is not being transported 
internationally.

[T.D. 7727, 45 FR 70862, Oct. 27, 1980]



 Subpart H--Motor Vehicles, Tires, Tubes, Tread Rubber, and Taxable Fuel

                      Automotive and Related Items

    Source: T.D. 6648, 28 FR 3633, Apr. 13, 1963, unless otherwise 
noted.

                             motor vehicles

Sec. 48.4061(a)  [Reserved]





Sec. 48.4061(a)-1  Imposition of tax; exclusion for light-duty trucks, etc.

    (a) Imposition of tax--(1) In general. Section 4061(a)(1) imposes a 
tax on the sale by the manufacturer, producer, or importer of the 
following articles (including in each case parts and accessories 
therefor sold on or in connection therewith or with the sale thereof):
    (i) Automobile truck and bus chassis and bodies;
    (ii) Truck and bus trailer and semitrailer chassis and bodies; and
    (iii) Tractors of the kind chiefly used for highway transportation 
in combination with a trailer or semitrailer.

For purposes of this section, a sale of an automobile truck or bus, or a 
truck or bus trailer or semitrailer, shall be considered to be a sale of 
a chassis and of a body enumerated in this paragraph (a)(1).
    (2) Special rule applicable to chassis and bodies. A chassis or body 
enumerated in paragraph (a)(1) of this section is taxable under section 
4061(a)(1) only if such chassis or body is, within the meaning of 
paragraph (e) of this section, sold for use as a component part of a 
highway vehicle (as defined in paragraph (d) of this section), which is 
an automobile truck or bus, a truck or bus trailer or semitrailer, or a 
tractor of the kind chiefly used for highway transportation in 
combination with a trailer or semitrailer. Furthermore, a chassis or 
body which is not enumerated in paragraph (a)(1) of this section is not 
taxable under section 4061(a)(1) even though such chassis or body is 
used as a component part of a highway vehicle (e.g., a chassis or body 
of a passenger automobile).
    (3) Equipment installed on chassis or bodies. (i) For purposes of 
the tax imposed by section 4061(a)(1), equipment or machinery installed 
on a taxable chassis or body is considered to be an integral part of the 
taxable chassis or body if the machinery or equipment contributes toward 
the highway transportation function of the chassis or body, regardless 
of whether separate sales of the machinery or equipment would be subject 
to the tax on automotive parts or accessories imposed by section 
4061(b). Therefore, the amount of the sale price of a taxable chassis or 
body that is attributable to such machinery or equipment must be 
included in the tax base when computing the tax due on a manufacturer's 
or importer's sale or use of a taxable chassis or body. Examples of the 
type of machinery or equipment that contribute to the highway 
transportation function of a chassis or body are the following: Loading 
and unloading equipment; towing winches; and all other machinery or 
equipment contributing to either the maintenance or safety of the 
vehicle, the preservation of cargo (other than refrigeration units), or 
the comfort or nvenience of the driver or passengers.
    (ii) Amounts charged for machinery or equipment that is installed on 
a taxable chassis or body are not part of the taxable sale price of the 
chassis or

[[Page 105]]

body if (A) such machinery or equipment does not contribute toward the 
highway transportation function of the chassis or body and (B) the 
reasonableness of the charge for the machinery or equipment is 
supportable by adequate records. Examples of such machinery or equipment 
are the following: equipment designed to spread materials on the 
highway; machinery or equipment used solely in the operation of mobile 
amusement rides; television equipment mounted in a mobile television 
studio; machine shop equipment mounted in a mobile machine shop; and car 
crushing equipment mounted on the chassis of a mobile car crusher.
    (4) Passenger automobile chassis and bodies, motorcycles, etc. No 
tax is imposed under section 4061(a) on the sale of a motorcycle or, in 
the case of a sale made after December 10, 1971, on the sale of 
automobile chassis and bodies not enumerated in paragraph (a)(1) of this 
section, or of trailer and semitrailer chassis and bodies suitable for 
use in combination with passenger automobiles. For tax on certain sales 
made after December 31, 1958, and before December 11, 1971, see 
paragraph (b)(4) of this section.
    (5) Cross references. For additional rules relating to the sale of a 
chassis or body enumerated in this paragraph for use as a component part 
of a highway vehicle, see paragraph (e) of this section. For exclusion 
of certain light-duty highway vehicles, see paragraph (f) of this 
section. For provisions relating to the tax-free sale of bodies to 
certain manufacturers, see section 4063(b) and the regulations 
thereunder. For other exemptions from the tax imposed under section 
4061(a), see sections 4063 and 4221 and the regulations thereunder. For 
special rules relating to the sale by a manufacturer of a vehicle 
consisting of a tax-paid chassis and a body manufactured by him, see 
Sec. 48.4061(a)-5.
    (b) Rate and computation of tax--(1) In general. With respect to the 
articles enumerated in paragraph (a)(1) of this section, the rate of tax 
imposed by section 4061(a)(1) is:


                                                                        
                                                                Percent 
                                                                        
(i) For articles sold during the period beginning on January            
 1, 1959, and ending on September 30, 1979...................         10
(ii) For articles sold on or after October 1, 1979...........          5
                                                                        

    (2) Determination of price subject to tax. The tax is computed by 
applying to the price for which the article is sold the rate in effect 
at the time of the sale. For definition of the term ``price'' and for 
application of the tax to leases of articles, see sections 4216 and 
4217, respectively, and the regulations thereunder. If an article 
subject to tax under section 4061(a) has equipment mounted thereon to 
perform functions other than in connection with the transportation of 
persons or property, no tax under section 4061(a) attaches to that part 
of the selling price of the completed unit which is reasonably 
attributable to such equipment provided such part of the selling price 
is billed separately on the invoice to the customer or can otherwise be 
established by adequate records. For other rules relating to the sale of 
parts or accessories in connection with the sale of a chassis, body, or 
completed unit, see Sec. 48.4061(a)-4. For special rules relating to the 
determination of selling price when equipment or machinery is 
permanently installed on a taxable chassis or body, see paragraph (a)(3) 
of this section.
    (3) Tax on trailers sold before December 11, 1971. With respect to 
sales made after December 31, 1958, and before December 11, 1971, the 
rate of tax imposed under section 4061(a) on a trailer or semitrailer 
chassis or body that is a highway vehicle within the meaning of 
paragraph (d) of this section depends upon a classification of the 
article. The sale during this period of a trailer or semitrailer chassis 
or body (other than a house trailer) suitable for use in combination 
with passenger automobiles is subject ot tax as set forth in paragraph 
(b)(4) of this section. A trailer suitable for use in combination with a 
passenger automobile which is designed for purposes other than living or 
sleeping, commonly referred to as a ``utility trailer'', is an example 
of a trailer taxable at the 7 percent rate set forth in paragraph (b)(4) 
of this section. The

[[Page 106]]

sale of a trailer or semitrailer chassis or body that is not suitable 
for use in combination with passenger automobiles is subject to tax as 
set forth in paragraph (b)(1) of this section.
    (4) Passenger automobile chassis and bodies and related articles 
sold before December 11, 1971. With respect to the sale after December 
31, 1958, and before December 11, 1971, of (i) automobile chassis and 
bodies not enumerated in paragraph (a)(1) of this section or (ii) 
trailer and semitrailer chassis and bodies suitable for use in 
combination with passenger automobiles, the tax imposed by section 
4016(a) is computed in accordance with paragraph (b)(2) of this section 
at the rate of 10 percent for sales prior to June 22, 1965, and at the 
rate of 7 percent thereafter.
    (c) Liability for tax. The tax imposed by section 4061(a) is payable 
by the manufacturer, producer, or importer making the sale.
    (d) Highway vehicle--(1) Definition. For purposes of this 
subchapter, the term ``highway vehicle'' means any self-propelled 
vehicle, or any trailer or semitrailer, designed to perform a function 
of transporting a load over public highways, whether or not also 
designed to perform other functins, but does not include a vehicle 
described in paragraph (d)(2) of this section. For purposes of this 
definition, a vehicle consists of a chassis, or a chassis and a body if 
the vehicle has a body, but does not include the vehicle's load. 
Therefore, in determining whether a vehicle is a ``highway vehicle'', it 
is immaterial that the vehicle is designed to perform a highway 
transportation function for only a particular kind of load, such as 
passengers, furnishings and personal effects (as in a house, office, or 
utility trailer), a special type of cargo, goods, supplies, or 
materials, or, except to the extent otherwise provided in paragraph 
(d)(2)(i) of this section, machinery or equipment specially designed to 
perform some off-highway task unrelated to highway transportation. In 
the case of specially designed machinery or equipment, it is also 
immaterial, except as provided in paragraph (d)(2)(i) of this section, 
that such machinery or equipment is permanently mounted on the vehicle. 
For purposes of paragraph (d) of this section, the term ``transport'' 
includes the term ``tow'', and the term ``public highway'' includes any 
road (whether a Federal highway, State highway, city street, or 
otherwise) in the United States which is not a private roadway. A 
vehicle which is not a highway vehicle within the meaning of this 
paragraph shall be treated as a nonhighway vehicle for purposes of this 
subchapter. Examples of vehicles that are designed to perform a function 
of transporting a load over the public highways are passenger 
automobiles, motorcycles, buses, and highway-type trucks, truck 
tractors, trailers, and semi-trailers.
    (2) Exceptions--(i) Certain specially designed mobile machinery for 
nontransportation functions. A self-propelled vehicle, or trailer or 
semi-trailer, is not a highway vehicle if it (A) consists of a chassis 
to which there has been permanently mounted (by welding, bolting, 
riveting, or other means) machinery or equipment to perform a 
construction, manufacturing, processing, farming, mining, drilling, 
timbering, or operation similar to any one of the foregoing enumerated 
operations if the operation of the machinery or equipment or equipment 
is unrelated to transportation on or off the public highways, (B) the 
chassis has been specially designed to serve only as a mobile carriage 
and mount (and a power source, where applicable) for the particular 
machinery or equipment involved, whether or not such machinery or 
equipment is in operation, and (C) by reason of such special design, 
such chassis could not, without substantial structural modification, be 
used as a component of a vehicle designed to perform a function of 
transporting any load other than that particular machinery or equipment 
or similar machinery or equipment requiring such a specially designed 
chassis.
    (ii) Certain vehicles specially designed for offhighway 
transportation. A self-propelled vehicle, or a trailer or semitrailer, 
is not a highway vehicle if it is (A) specially designed for the primary 
function of transporting a particular type of load other than over the 
public highway in connection with a construction, manufacturing, 
processing, farming, mining, drilling, timbering, or operation similar 
to any one of

[[Page 107]]

the foregoing enumerated operations, and (B) if by reason of such 
special design, the use of such vehicle to transport such load over the 
public highways is substantially limited or substantially impaired. For 
purposes of applying the rule of (B) of this subdivision, account may be 
taken of whether the vehicle may travel at regular highway speeds, 
requires a special permit for highway use, is overweight, overheight or 
overwidth for regular use, and any other relevant considerations. Soley 
for purposes of determinations under this paragraph (d)(2)(ii), where 
there is affixed to the vehicle equiplment used for loading, unloading, 
storing, vending, handling, processing, preserving, or otherwise caring 
for a load transported by the vehicle over the public highways, the 
functions are related to the transportation of a load over the public 
highways even though such functions may be performed off the public 
highways.
    (iii) Certain trailers and semi-trailers specially designed to 
perform non-transportation functions off the public highways. A trailer 
or semi-trailer is not a highway vehicle if it is specially designed to 
serve no purpose other than providing an enclosed stationary shelter for 
the carrying on of a function which is directly connected with and 
necessary to, and at the off-highway site of, a construction, 
manufacturing, processing, mining, drilling, farming, timbering, or 
operation similar to any one of the foregoing enumerated operations such 
as a trailer specially designed to serve as an office for such an 
operation.
    (3) Optional application. For purposes of this subchapter, if any 
rules existing immediately prior to January 13, 1977 would, if 
applicable, unequivocally resolve an issue involving the definition of a 
highway vehicle with respect to a period prior to such date, at the 
option of the taxpayer, such rules existing prior to such date shall be 
applied to resolve the issue for all periods prior to such date, and the 
rules of paragraphs (d) (1) and (2) of this section, which define the 
term ``highway vehicle'', shall not apply with respect to such issue for 
all periods prior to such date.
    (4) Highway vehicles not subject to section 4061 tax. Although for 
purposes of this paragraph (d) passenger automobiles, automobile 
trailers and semitrailers, motor homes, motorcycles, light-duty trucks, 
etc., will be considered to be highway vehicles because they are 
designed to perform a function of transporting a load over public 
highways, the tax imposed under section 4061(a) does not apply to the 
sale of such vehicles because they either are not articles subject to 
tax under such section or are excluded from tax under section 4061 
(a)(2). See also paragraphs (a) (4) and (f) of this section. Despite the 
fact that passenger automobiles, passenger automobile trailers and semi-
trailers, motor homes, motorcycles, light-duty trucks, etc., are not 
subject to the manufacturers excise tax on highway vehicles imposed by 
section 4061(a), the fact that they are nevertheless considered highway 
vehicles for purposes of this subchapter can be of material significance 
in determining the applicability of such excise taxes as the tax imposed 
by section 4041 (relating to diesel and special motor fuels), the tax 
imposed by section 4071(a)(1) (relating to tires of the type used on 
highway vehicles), or the tax imposed by section 4481 (relating to 
highway use tax on highway motor vehicles). In addition, the definition 
of the term ``highway vehicle'' is material in determining the credits 
or refunds provided by section 6416(b)(2)(I) (relating to diesel fuel 
used in certain highway vehicles), section 6421(a) (relating to gasoline 
used for a nonhighway purpose), section 6424 (relating to lubricating 
oil used otherwise than in a highway motor vehicle), and section 6427(a) 
(relating to diesel or special motor fuel not used for a taxable 
purpose).
    (e) Sale of a chassis or body for use as a component of a vehicle 
other than a highway vehicle--(1) In general. Except as otherwise 
provided in paragraphs (a)(4), (e)(2), or (f) of this section, the sale 
of a chassis or body shall be deemed to be a sale of a chassis or body 
enumerated in paragraph (a)(1) of this section if such chassis or body 
is, in any sense, reasonably suitable for use as a component part of a 
highway vehicle that is either an automobile truck or bus, a truck or 
bus trailer or semitrailer, or a tractor of the kind

[[Page 108]]

chiefly used for highway transportation in combination with a trailer or 
semitrailer.
    (2) Exceptions based on unitary concept--(i) Completed vehicles not 
qualifying as highway vehicles. With respect to the sale of a vehicle 
after January 13, 1977 which would otherwise be treated under paragraph 
(e)(1) of this section as a sale of a chassis or body enumerated in 
paragraph (a)(1) of this section, the tax imposed under section 4061(a) 
shall not apply to such sale if the vehicle (considered as a completed 
unit) is not considered to be a highway vehicle within the meaning of 
paragraph (d) of this section.
    (ii) Tax-free sales of chassis and bodies. With respect to the sale 
after January 13, 1977 of a chassis or body (not including the sale of a 
completed vehicle described in paragraph (e)(2)(i) of this section) 
which would otherwise be treated under paragraph (e)(1) of this section 
as a sale of a chassis or body enumerated in paragraph (a)(1) of this 
section, the tax imposed under section 4061(a) shall not apply to such 
sale if the chassis or body is actually sold for use, or for resale for 
use, as a component part of a vehicle that is not a highway vehicle 
within the meaning of paragraph (d) of this section. For purposes of 
determining the liability of the manufacturer or reseller for the tax 
imposed under section 4061(a), the test of the preceding sentence will 
be considered to be met if (A) the purchaser furnishes the statement set 
forth in paragraph (e)(2)(iv) of this section to the seller before the 
manufacturer files a return covering excise taxes for the period in 
which the sale was made, and (B) the manufacturer or reseller complies 
with the requirements set forth in paragraph (e)(2)(iii) of this 
section. However, even though the purchaser and manufacturer (or 
reseller) have complied with the foregoing, the tax imposed under 
section 4061(a), shall apply to such sale if the manufacturer or 
reseller has received a written notification (applicable with respect to 
such sale) from the Internal Revenue Service that sales of a specified 
type or types of chassis or bodies may not be made tax free pursuant to 
this paragraph (e)(2)(ii) until further notification. Any such 
notification issued by the Internal Revenue Service shall be effective 
only with respect to sales after the manufacturer has received such 
notification.
    (iii) Requirements to be met. In order for a manufacturer or 
reseller to sell free of tax under paragraph (e)(2)(ii) of this section 
an otherwise taxable chassis or body, the manufacturer or reseller must:
    (A) Retain in his possession the statement required to be furnished 
by the purchaser and such other evidence as may be furnished by the 
purchaser to support the tax-free sale. Such evidence shall be retained 
for at least 3 years from the due date of the tax that would be due if 
the transaction in question had been a taxable sale; and
    (B) Indicate on the invoice with respect to the sale of the chassis 
or body that the sale of such article is made free of tax under 
paragraph (e)(2)(ii) of this section.
    (iv) Form of statement. In order for an otherwise taxable chassis or 
body to be sold free of tax under paragraph (e)(2)(ii) of this section, 
the purchaser must execute and furnish to the manufacturer or reseller a 
statement that substantially complies with the following form:
                                                  ______________, 19____
    Under the penalty of perjury, the undersigned certifies that he, or 
the ____________________________, (Name of purchaser if other than the 
undersigned) of which he is __________________ (Title), is in the 
business of ______________________ (State nature of business), and that 
the chassis and/or bodies covered by the accompanying order or contract 
for purchase from ____________________ (Name and address of seller) are 
purchased for (check One) ____ {time}  use, or for {time}  resale for 
use, as components of the following type or types of nonhighway 
vehicles:
1.______________________________________________________________________
2.______________________________________________________________________
3.______________________________________________________________________

    The undersigned understands that he must be prepared to establish by 
satisfactory evidence the actual use or disposition of such chassis or 
bodies and that, upon their use or disposition other than use as 
components of a nonhighway vehicle, he consents to be treated as the 
manufacturer of any such chassis or body purchased by him free of the 
tax imposed by section 4061(a).
    The undersigned also understands that he and all guilty parties 
will, for use of this statement to willfully attempt to evade or

[[Page 109]]

defeat the tax imposed under section 4061, be subject, under section 
7201, to a fine of not more than $10,000, or imprisonment for not more 
than 5 years, or both, together with the costs of prosecution.
    The undersigned agrees to retain in his possession a copy of this 
statement for at least 3 years from its date.
_______________________________________________________________________
                                                             (Signature)
_______________________________________________________________________
                                                               (Address)

    (v) Refund or credit of overpayment. If a purchaser furnished the 
manufacturer with the statement described in paragraph (e)(2)(iv) of 
this section after the time the manufacturer has filed a return covering 
excise taxes for the period in which the sale was made, the manufacturer 
must include the tax on the sale in his return for the period. However, 
in such case, if the conditions prescribed in paragraph (e)(2)(iii) of 
this section are met, a claim for refund of the tax paid on such sale 
may be filed by the manufacturer on Form 843, or a credit taken on a 
subsequent return, in accordance with the provisions of sections 6402(a) 
and 6416(a) and Sec. 48.6416(a)-1.
    (vi) Cross reference. For special rules relating to the sale by a 
manufacturer of a vehicle consisting of a tax-paid chassis and a body 
manufactured by him, see Sec. 48.4061(a)-5.
    (f) Exclusion of light-duty trucks, buses, and related articles from 
tax--(1) In general. (i) No tax is imposed by section 4061(a)(1) on the 
sale after December 10, 1971, of the following articles, if suitable for 
use with a vehicle having a gross vehicle weight of 10,000 pounds or 
less (as determined under paragraph (f)(3) of this section):
    (A) Automobile truck and bus chassis and bodies, and
    (B) Truck trailer and semitrailer chassis and bodies, suitable for 
use with a trailer or semitrailer having a gross vehicle weight of 
10,000 pounds or less (as so determined).
    (ii) For purposes of this part, a chassis or body is suitable for 
use with a vehicle having a gross vehicle weight of 10,000 pounds or 
less (hereafter referred to in this paragraph (f) as a ``light-duty 
vehicle'') if such chassis or body is commonly used with such a vehicle 
or possesses actual, practical, and commercial fitness for such use. A 
truck or bus chassis, sold after December 10, 1971, which is suitable 
for use with a light-duty vehicle, is not subject to the tax imposed by 
section 4061(a)(1) regardless of the body actually mounted thereon. 
Similarly, a truck trailer or semitrailer chassis sold after such date, 
suitable for use with a trailer or semitrailer having a gross vehicle 
weight of 10,000 pounds or less, which trailer or semitrailer is 
suitable for use in connection with a light-duty towing vehicle, is not 
subject to such tax regardless of the body actually mounted thereon. A 
truck or bus body, sold after such date, which is suitable for use with 
a light-duty vehicle, is not subject to such tax even though it may also 
be suitable for use with (and is actually a component of) a vehicle 
having a gross vehicle weight in excess of 10,000 pounds. Similarly, a 
truck trailer or semitrailer body sold after such date, suitable for use 
with a trailer or semitrailer having a gross vehicle weight of 10,000 
pounds or less, which trailer or semitrailer is suitable for use with a 
light-duty towing vehicle, is not subject to such tax even though it may 
also be suitable for use with (and is actually a component of) a trailer 
or semitrailer having a gross vehicle weight of more than 10,000 pounds, 
or is used in connection with a vehicle having a gross vehicle weight of 
more than 10,000 pounds.
    (iii) Where an exempt body is mounted on a taxable chassis, or a 
taxable body is mounted on an exempt chassis, the taxable chassis or 
taxable body, as the case may be, nevertheless remains subject to such 
tax, if the resulting vehicle is a highway vehicle as defined in 
paragraph (d) of this section.
    (iv) Where the modification of an article, exempt from tax when sold 
by the original manufacturer, constitutes further manufacture after the 
original manufacturer's sale, a tax may be imposed on the subsequent 
manufacturer's sale or use of the modified article.
    (2) Parts and accessories. (i) The sale of a part or accessory 
which, if sold on December 10, 1971, would be subject to the tax imposed 
by section 4061(a)(1) as in effect at such time, is not subject to the 
tax imposed by section 4061(a)(1) as in effect after such date if:

[[Page 110]]

    (A) It is sold by the manufacturer on or in connection therewith, or 
with the sale of, a vehicle enumerated in paragraph (f)(1)(i) of this 
section which is not subject to such tax, and
    (B) It is not a replacement part (as defined in paragraph (f)(2)(ii) 
of this section).
    (ii) For purposes of this paragraph (f)(2), a part or accessory is 
considered sold with a vehicle if, as of the time the article is sold by 
the manufacturer, the part or accessory has been ordered from such 
manufacturer for use with the vehicle. Thus, for example, original 
equipment sold after December 10, 1971, with a light-duty vehicle, 
consisting of parts and accessories which are ordered from the 
manufacturer of the vehicle not later than the time at which such 
vehicle is sold by him (whether or not installed as of such time) are 
not subject to such tax. For purposes of this paragraph (f)(2), a part 
is a replacement part, regardless of when ordered,if its use with a 
vehicle is as a replacement for a part of such vehicle. Therefore, spare 
parts or accessories sold separately or ordered with a light-duty truck 
are subject to the tax imposed on sales of parts or accessories by 
section 4061(b)(1), unless they are excluded from tax as articles used 
interchangeably between truck and passenger vehicles under the 
provisions of section 4061(b)(2).
    (3) Gross vehicle weight. (i) For purposes of paragraph (f)(1) of 
this section gross vehicle weight means the maximum total weight of a 
loaded vehicle. Except as otherwise provided in this paragraph (f)(3), 
such maximum total weight shall be the gross vehicle weight rating of 
the article (as manufactured) as secified or established by the 
manufacturer of the completed article, unless such rating is 
unreasonable in light of the facts and circumstances in a particular 
case.
    (ii) A manufacturer must specify or establish a weight rating for 
each chassis, body, or vehicle sold by him after September 22, 1971, if 
such article requires no additional manufacture other than (A) the 
addition of readily attachable articles, such as tire or rim assemblies 
or minor accessories, (B) the performance of minor finishing operations, 
such as painting, or (C) in the case of a chassis, the addition of a 
body. If an article is specially manufactured to the purchaser's 
specifications, such specifications may be used to establish the gross 
vehicle weight of the article.
    (iii) A manufacturer shall maintian a record of the gross vehicle 
weight rating of each truck, bus, trailer, and semitrailer sold by him 
and excluded from the tax imposed by section 4061(a)(1) by reason of 
section 4061(a)(2) and this paragraph (f). For this purpose, a record of 
the serial number of each such article shall be treated as a record of 
the gross vehicle weight rating of the article if such rating is 
indicated by the serial number.
    (iv) If (A) the manufacturer's rating indicated in a label or 
identifying device affixed to an article, (B) the rating set forth in 
his sales invoice or warranty agreement, and (C) his advertised rating 
for that article (or two or more identical articles) are inconsistent, 
the highest of such ratings will be considered to be the manufacturer's 
gross vehicle weight rating specified or established for purposes of the 
tax imposed by section 4061(a)(1).
    (v) With respect to articles sold after January 31, 1972, the 
manufacturer's gross vehicle weight rating must take into account the 
strength of the chassis frame, the axle capacity and placement, and the 
spring, brake, rim, and tire capacities. The component with the lowest 
weight rating ordinarily shall be considered determinative of the gross 
vehicle weight. If the capacity of any of the readily attachable 
components (springs, brakes, rims, or tires) would otherwise be 
determinative of a gross vehicle weight rating of 10,000 pounds or less, 
no readily attachable component will be taken into account in 
determining such rating unless the rating determined solely on the basis 
of the chassis frame or the total of the axle ratings is 12,000 pounds 
or less.
    (vi) For purposes of paragraph (f)(3)(v) of ths section, the term 
``total of the axle ratings'' means the sum of the maximum load carrying 
capability (capacity and placement) of the axles (without regard to 
springs, brakes, rims, and tires) and, in the case of a trailer or 
semitrailer, the weight, if

[[Page 111]]

any, that is to be borne by a vehicle used in combination with the 
trailer or semitrailer for which gross vehicle weight is determined.

[T.D. 7461, 42 FR 2672, Jan. 13, 1977, as amended by T.D. 7461, 42 FR 
5695, Jan. 31, 1977; T.D. 7566, 43 FR 41389, Sept. 18, 1978]





Sec. 48.4061(a)-2   Bonding of importers.

    (a) Authority for requiring bond. Section 623 of the Tariff Act of 
1930, as amended (19 U.S.C. 1623), provides as follows:

    Sec. 623. Bonds and other security. (a) In any case in which bond or 
other security is not specifically required by law, the Secretary of the 
Treasury may by regulation or specific instruction require, or authorize 
collectors of customs to require, such bonds or other security as he, or 
they, may deem necessary for the protection of the revenue or to assure 
compliance with any provision of law, regulation, or instruction which 
the Secretary of the Treasury or the Customs Service may be authorized 
to enforce.
    (b) Whenever a bond is required or authorized by a law, regulation, 
or instruction which the Secretary of the Treasury or the Customs 
Service is authorized to enforce, the Secretary of the Treasury may--
    (1) Except as otherwise specifically provided by law, prescribe the 
conditions and form of such bond, and fix the amount of penalty thereof, 
whether for the payment of liquidated damages or of a penal sum: 
Provided, That when a consolidated bond authorized by paragraph 4 of 
this subsection is taken, the Secretary of the Treasury may fix the 
penalty of such bond without regard to any other provision of law, 
regulation, or instruction.
    (2) Provide for the approval of the sureties on such bond, without 
regard to any general provision of law.
    (3) Authorize the execution of a term bond the conditions of which 
shall extend to and cover similar cases of importations over such period 
of time, not to exceed one year, or such longer period as he may fix 
when in his opinion special circumstances existing in a particular 
instance require such longer period.
    (4) Authorize, to the extent that he may deem necessary, the taking 
of a consolidated bond (single entry on term), in lieu of separate bonds 
to assure compliance with two or more provisions of law, regulations, or 
instructions which the Secretary of the Treasury or the Customs Service 
is authorized to enforce. A consolidated bond taken pursuant to the 
authority contained in this subsection shall have the same force and 
effect in respect of every provision of law, regulation, or instruction 
for the purposes for which it is required as though separate bonds had 
been taken to assure compliance with each such provision.
    (c) The Secretary of the Treasury may authorize the cancellation of 
any bond provided for in this section, or of any charge that may have 
been made against such bond, in the event of a breach of any condition 
of the bond, upon the payment of such lesser amount or penalty or upon 
such other terms and conditions as he may deem sufficient.
    (d) No condition in any bond taken to assure compliance with any 
law, regulation, or instruction which the Secretary of the Treasury or 
the Customs Service is authorized to enforce shall be held invalid on 
the ground that such condition is not specified in the law, regulation, 
or instruction authorizing or requiring the taking of such bond.
    (e) The Secretary of the Treasury is authorized to permit the 
deposit of money or obligations of the United States, in such amount and 
upon such conditions as he may by regulation prescribe, in lieu of 
sureties on any bond required or authorized by a law, regulation, or 
instruction which the Secretary of the Treasury or the Customs Service 
is authorized to enforce.

    (b) Application for determination whether bond required--(1) 
Requirement of application--(i) In general. Except as otherwise provided 
in subparagraph (2) of this paragraph, every importer of articles 
taxable under section 4061(a) shall make application for a determination 
whether the importer is required to give bond in accordance with the 
provisions of paragraph (c) of this section. Such application shall be 
submitted in writing to the district director for the district in which 
the importer will file returns of any tax under section 4061(a) for 
which he may incur liability.
    (ii) Form of application. No form is prescribed for making the 
application required under subdivision (i) of this subparagraph, but 
such application shall include the following information:
    (a) The name of the person making the application and the address of 
his principal place of business, and, if the principal place of business 
of such person is outside the United States, the address of his 
principal place of business, office, or agency in the United States.
    (b) Information establishing that the person making the application 
is an importer of articles taxable under section 4061(a).

[[Page 112]]

    (c) The kind and approximate number of automobiles, trucks, buses, 
etc., which the importer may be expected to import during an average 
calendar quarter and the approximate amount of tax under section 4061(a) 
for which the importer may be expected to incur liability in respect of 
such articles.
    (d) Whether the importer has filed returns of tax under chapter 31 
or chapter 32 within the 2-year period immediately preceding the date on 
which the application is filed, and, if so, the internal revenue 
district in which such returns were filed.
    (e) Facts pertaining to the importer's assets and liabilities which 
will aid the district director in determining whether a bond shall be 
required.
    (2) Exceptions. The provisions of subparagraph (1) of this paragraph 
shall have no application in any case where an article taxable under 
section 4061(a) is:
    (i) Incidentally imported by an individual for his personal use.
    (ii) Brought into the United States for export to a foreign country 
or possession of the United States.
    (iii) Admitted to the United States free of duty as an instrument of 
international traffic.
    (iv) Admitted to the United States free of duty as a temporary 
importation under bond.
    (v) Returned to the United States after having been sold in the 
United States and exported.
    (c) Requirement of bond--(1) In general. If the district director 
determines that a bond is necessary in order to insure payment of the 
tax under section 4061(a), and to assure compliance with all provisions 
of the Code and regulations thereunder, with respect to articles 
imported by any importer required to make application for a 
determination under paragraph (b) of this section, such bond shall be 
given by such importer. Such bond shall be submitted, in duplicate, to 
the district director for the district in which the importer will file 
returns of any tax under section 4061(a) for which he may incur 
liability.
    (2) Execution of bond--(i) In general. The bond required under this 
paragraph shall be executed with satisfactory surety. (For provisions as 
to what will be considered ``satisfactory surety'', see subparagraph (3) 
of this paragraph.) Such bond shall be conditioned that the principal 
shall not engage in any attempt, by himself or by collusion with others, 
to defraud the United States of any tax under section 4061(a); that he 
shall render truly and completely all returns, statements, and other 
documents required of him by law or regulations in respect of such tax; 
that he shall timely pay all such tax for which he is liable; and, in 
the case of any such tax in respect of an article released from customs 
custody by reason of such bond that he shall pay such tax whether the 
liability therefor is incurred by him or by some other person as the 
importer of the articles covered by the bond, unless such other person 
makes payment of such tax on or before the due date. The bond shall be 
in an amount which the district director believes to be sufficient to 
protect the interests of the United States with respect to all articles 
taxable under section 4061(a) which are released from customs custody by 
reason of such bond, but in no event shall the bond be in an amount less 
than the approximate amount of tax under section 4061(a) for which the 
principal may be expected to incur liability during an average calendar 
quarter. Such bond shall be signed by the individual, if the principal 
is an individual; the president, vice president, or other principal 
officer, if the principal is a corporation; a responsible and duly 
authorized member or officer having knowledge of its affairs, if the 
principal is a partnership or other unincorporated organization; or the 
fiduciary, if the principal is a trust or estate.
    (ii) Cancellation clause. The bond required under this paragraph may 
be accepted with a cancellation clause incorporated therein. Such 
cancellation clause shall provide that:
    (a) Any surety on the bond may at any time give notice to the 
principal and the district director that he desires to be relieved of 
liability under said bond after a date named, which shall be at least 60 
days after the receipt of notice by the district director.
    (b) If the notice is not withdrawn in writing prior to the date 
named in the notice, the rights of the principal as

[[Page 113]]

supported by said bond shall be terminated on such date (unless 
supported by another bond or bonds). The surety shall, however, remain 
liable with respect to any tax under section 4061(a) (plus penalties and 
interest) the liability for which is incurred in respect of articles 
released from customs custody by reason of the bond.
    (c) Said notice may not be given by an agent of the surety, unless 
it is accompanied by power of attorney duly executed by the surety 
authorizing the agent to give such notice or by a verified statement 
that such power of attorney is on file with the Treasury Department.
    (iii) Changes in bond. After filing of the bond required under this 
paragraph, no change may be made in the terms thereof except with the 
consent of the surety or sureties and subject to the approval of the 
district director.
    (3) Satisfactory surety--(i) Approved surety company or bonds or 
notes of the United States. For purposes of subparagraph (2) of this 
paragraph, a bond shall be considered executed with satisfactory surety 
if:
    (a) It is executed by a surety company holding a certificate of 
authority from the Secretary as an acceptable surety on Federal bonds; 
or
    (b) It is secured by bonds or notes of the United States as provided 
in 6 U.S.C. 15 (see 31 CFR Part 225).
    (ii) Other surety acceptable in discretion of district director. For 
purposes of subparagraph (2) of this paragraph, a bond may, in the 
discretion of the district director, be considered executed with 
satisfactory surety if, in lieu of being executed or secured as provided 
in subdivision (i) of this subparagraph, it is:
    (a) Executed by a corporate surety (other than a surety company), 
provided such corporate surety establishes that it is within its 
corporate powers to act as surety for another corporation or an 
individual;
    (b) Executed by two or more individual sureties, provided such 
individual sureties meet the conditions contained in subdivision (iii) 
of this subparagraph;
    (c) Secured by a mortgage on real or personal property;
    (d) Secured by a certified, cashier's, or treasurer's check drawn on 
any bank or trust company incorporated under the laws of the United 
States or any State, Territory, or possession of the United States, or 
by a United States postal, bank, express, or telegraph money order;
    (e) Secured by corporate bonds or stocks, or by bonds issued by a 
State or political subdivision thereof, of recognized stability; or
    (f) Secured by any other acceptable collateral. Collateral shall be 
deposited with the district director or, in his discretion, with a 
responsible financial institution acting as escrow agent.
    (iii) Conditions to be met by individual sureties. If a bond is 
executed by two or more individual sureties, the following conditions 
must be met by each such individual surety:
    (a) He must reside within the State in which the principal place of 
business or legal residence of the primary obligor is located;
    (b) He must have property subject to execution of a current market 
value, above all encumbrances, equal to at least the penalty of the 
bond;
    (c) All real property which he offers as security must be located in 
the State in which the principal place of business or legal residence of 
the primary obligor is located;
    (d) He must agree not to mortgage, or otherwise encumber, any 
property offered as security while the bond continues in effect without 
first securing the permission of the district director; and
    (e) He must file with the bond, and annually thereafter so long as 
the bond continues in effect, an affidavit as to the adequacy of his 
security, executed on the appropriate form furnished by the district 
director.

Partners may not act as sureties upon bonds of their partnership. 
Stockholders of a corporate principal may be accepted as sureties 
provided their qualifications as such are independent of their holdings 
of the stock of the corporation.
    (iv) Adequacy of surety. No surety or security shall be accepted if 
it does not adequately protect the interest of the United States.

[[Page 114]]

    (4) New or additional bond. The district director may require a new 
or additional bond under this section in any case where he deems it 
necessary or desirable in order to protect the interests of the United 
States.
    (d) Termination of requirement--(1) Application for relief from 
requirement. Any importer who has given bond as required under paragraph 
(c) of this section may make application for relief from such 
requirement at any time after the last day of the first month following 
the close of the calendar quarter in which the bond was given. Any such 
application shall be submitted to the district director to whom the bond 
was furnished and shall set forth such facts as will be of assistance to 
the district director in determining whether the relief shall be 
granted.
    (2) Relief from requirement. In any case where the district director 
determines that the bond required under paragraph (c) of this section to 
be given by an importer is no longer necessary to insure payment of any 
tax under section 4061(a) for which liability may be incurred by such 
importer, such importer shall no longer be required to give such bond.
    (e) Evidence required for release of imported articles from customs 
custody--(1) In general. Each article taxable under section 4061(a) 
which arrives in the United States from any foreign country or 
possession of the United States on or after the first day of the first 
calendar quarter beginning more than 60 days after the date of 
publication of this Treasury decision in the Federal Register, and which 
is imported by any person required under paragraph (b) of this section 
to make application for a determination whether bond shall be given, 
shall not, if subject to customs examination and release, be released 
from customs custody until the evidence prescribed in subparagraph (2) 
(i) or (ii) of this paragraph has been furnished by such person to the 
collector of customs.
    (2) Form of evidence. The evidence required under subparagraph (1) 
of this paragraph shall be in the form of a statement, executed, signed, 
and dated by the district director. Such statement shall show the 
following:
    (i) Bond required. If the importer is required to give bond under 
this section the statement shall show:
    (a) The total number of articles in respect of which the statement 
is given.
    (b) The model number of each such article.
    (c) The name and address of the importer of such articles.
    (d) If the articles are to be released from customs custody to a 
person other than the importer, the name and address of such other 
person.
    (e) That the importer has given a bond which the district director 
finds sufficient to protect the interests of the United States with 
respect to any tax under section 4061(a) for which liability may be 
incurred in respect of such articles.

A statement under this subdivision shall be furnished to the importer by 
the district director, upon request of the importer, in every case where 
such importer furnishes the district director with information which 
establishes to the satisfaction of the district director that the 
importer has given bond in an amount sufficient to protect the interests 
of the United States with respect to any tax under section 4061(a) which 
may become due in respect of the articles to which the request relates, 
and with such other information as is required under this subdivision to 
be shown in the statement. Such request, together with such information, 
shall be submitted by the importer immediately upon receipt by him of 
notice that articles taxable under section 4061(a) have been exported to 
his order. A separate request shall be made in respect of each shipment. 
Each statement given under this subdivision shall be executed in 
duplicate. The original of such statement shall be furnished by the 
district director to the importer and the copy shall be retained by the 
district director.
    (ii) No bond required. If the importer is not required to give bond 
under this section, the statement shall show:
    (a) The name and address of the importer.
    (b) That bond under this section is not required of such importer.

A statement under this subdivision shall be furnished to the importer by

[[Page 115]]

the district director on the date on which the district director 
determines that the importer is not required to give a bond under this 
section. Such statement shall be executed in triplicate. The original of 
such statement and one signed copy shall be furnished by the district 
director to the importer, and one copy shall be retained by the district 
director. Additional signed copies of such statement will be furnished 
by the district director to the importer upon request of the importer. 
However, once such statement, or a signed copy thereof, has been 
furnished by the importer to a collector of customs, the requirements 
imposed by subparagraph (1) of this paragraph are deemed to be satisfied 
in respect of all articles taxable under section 4061(a) which 
thereafter arrive in the United States for release to or for the 
importer in a port under the jurisdiction of such collector of customs, 
until such time, if any, as such collector of customs receives written 
notification from the district director or the Commissioner of Customs 
that such statement has been withdrawn.

(46 Stat. 759; 19 U.S.C. 1623)

[T.D. 6499, 25 FR 10347, Oct. 28, 1960, as amended by T.D. 7517, 42 FR 
58935, Nov. 14, 1977]





Sec. 48.4061(a)-3   Definitions.

    For purposes of the tax imposed by section 4061, unless otherwise 
expressly indicated:
    (a) Automobile truck. The term ``automobile truck'' includes 
automobile buses, and truck and bus trailers and semitrailers.
    (b) Other automobile. The term ``other automobile'' means all 
automobiles other than automobile trucks, and includes trailers and 
semitrailers suitable for use in connection with passenger automobiles, 
but does not include house trailers.
    (c) Tractor. The term ``tractor'' means any tractor chiefly used for 
highway transportation in combination with a trailer or semitrailer.





Sec. 48.4061(a)-4   Parts or accessories sold on or in connection with chasis, bodies, etc.

    (a) In general. The tax attaches in respect of parts or accessories 
for articles specified in section 4061(a) sold on or in connection 
therewith or with the sale thereof at the rate applicable to the sale of 
the basic article. The tax attaches in such case whether or not the 
parts or accessories are billed separately. For the tax applicable to 
parts or accessories which are not sold on or in connection with the 
sale of a taxable chassis, body, or tractor, see Sec. 48.4061(b)-1.
    (b) Essential equipment. If taxable chassis, bodies, or tractors are 
sold by the manufacturer, producer, or importer without parts or 
accessories which are considered equipment essential for the operation 
or appearance of such articles, the sale of such parts or accessories 
will be considered, in the absence of evidence to the contrary, to have 
been made in connection with the sale of the basic article even though 
they are shipped separately at the same time or on a different date. For 
example, if a manufacturer sells to any person a chassis and the bumpers 
for such chassis, or sells a taxable tractor and the fifth wheel and 
attachments, the tax applies to such parts or accessories at the same 
rate as on the chassis or tractor regardless of the method of billing or 
the time at which the shipments were made.





Sec. 48.4061(a)-5  Sale of automobile truck bodies and chassis.

    (a) Sale of completed vehicle. An automobile truck (as defined by 
Sec. 48.4061(a)-3(a)) for purposes of the tax imposed by section 4061(a) 
consists of two parts, namely, a body and a chassis. Generally, the tax 
applies to the sale by the manufacturer of each. Thus, if the purchaser 
of a tax-paid chassis attaches to it a taxable body manufactured by him 
and sells the completed vehicle, he is liable for tax based on the sale 
price of the body only. However, in such a case, the tax attaches to the 
selling price of the entire vehicle unless adequate records are 
available to show the portion of the total selling price attributable to 
the body.
    (b) Cross references. For special rules relating to the sale of a 
chassis or body to a purchaser who will use it in the manufacture or 
assembly of a nonhighway vehicle, see Sec. 48.4061(a)-1(e). With respect 
to bodies sold to a chassis

[[Page 116]]

manufacturer, see also section 4063(b) and the regulations thereunder.

[T.D. 7461, 42 FR 2675, Jan. 13, 1977]
Sec. 48.4061(b)  [Reserved]





Sec. 48.4061(b)-1   Imposition of tax.

    (a) In general. Section 4061(b) imposes a tax on the sale by the 
manufacturer, producer, or importer of parts or accessories (other than 
tires and inner tubes and other than automobile radio and television 
receiving sets) for any of the articles enumerated in section 4061 (a) 
(see paragraph (a) of Sec. 48.4061 (a)-1).
    (b) Rates of tax. Tax is imposed on the sale of parts or accessories 
for any of the articles enumerated in section 4061(a) at the rates 
specified below:

                                                                        
                                                                Percent 
                                                                        
(1) Parts or accessories sold during the period January 1,              
 1959, to June 30, 1965, inclusive...........................          8
(2) Parts or accessories sold on or after July 1, 1965.......          5
                                                                        
                                                                        

The tax is computed by applying to the price for which the part or 
accessory is sold the rate in effect at the time of the sale. For 
definition of the term ``price'' see section 4216 and the regulations 
thereunder contained in Subpart M of this part.
    (c) Liability for tax. The tax imposed by section 4061(b) is payable 
by the manufacturer, producer, or importer making the sale.

[T.D. 6648, 28 FR 3633, Apr. 13, 1963, as amended by T.D. 6753, 29 FR 
12717, Sept. 9, 1964]





Sec. 48.4061(b)-2   Definition of parts or accessories.

    (a) In general. The term ``parts or accessories'' includes (1) any 
article the primary use of which is to improve, repair, replace, or 
serve as a component part of an automobile truck or bus chasis or body, 
or other automobile chassis or body, or taxable tractor, (2) any article 
designed to be attached to or used in connection with such chassis, 
body, or tractor to add to its utility or ornamentation, and (3) any 
article the primary use of which is in connection with such chassis, 
body, or tractor, whether or not essential to its operation or use. The 
term ``parts or accessories'' includes all articles which have reached 
such a stage of manufacture as to be commonly known as parts or 
accessories whether or not fitting operations are required in connection 
with their installation. An article shall not be deemed to be a taxable 
part or accessory even though it is designed to be attached to the 
vehicle or to be primarily used in connection therewith if the article 
is in effect the load being transported and the primary function of the 
article is to serve a purpose unrelated to the vehicle as such. For 
example, a construction derrick attached to a truck is not a taxable 
part or accessory inasmuch as the derrick is the load of the truck and 
its use is in connection with construction work at a construction site 
rather than in connection with the transportation or loading or 
unloading function of the truck. On the other hand, an article such as a 
towing cradle or loading or unloading equipment designed to be attached 
to or to be primarily used in connection with a truck is a taxable part 
or accessory inasmuch as the articles contributes to the load-carrying 
function of the truck. The term ``parts or accessories'' does not 
include tires, inner tubes, or automobile radio or television receiving 
sets, since these articles are expressly exempted by section 4061(b) 
from the tax. However, the term ``parts or accessories'' includes tire 
valves designed for use on tires or tubes for articles taxable under 
section 4061(a).
    (b) Articles of a general use. The term ``parts or accessories'' 
does not include articles which are not used primarily in the 
manufacture, repair, etc., of automobile trucks, other automobiles, or 
tractors, but have a general use in the manufacture, repair, etc., of 
various articles. For example, commodities such as ball and roller 
bearings, bolts, nuts, washers, screws, nails, tacks, rivets, pins, 
studs, cotters, pipe fittings such as plugs, tees, ells, and elbows, 
drain cocks, grease cups, oilers, and similar articles are not of 
themselves parts or accessories unless so constructed as to be used 
primarily in the manufacture, repair, etc., of automobile trucks, other 
automobiles, or tractors. On the other hand, parts for automobile parts 
or accessories are in

[[Page 117]]

themselves taxable unless they are articles of a type not specifically 
designed for use primarily in the automobile field. For example, the tax 
applies to the sale of gears, flexible shafts and flexible housings 
designed as replacement parts for automotive speedometers; as well as 
replacement parts for automobile engines, transmissions, differentials, 
steering mechanisms, timers, windshild-wiper motors, and other 
automobile parts or accessories.
    (c) Materials of a general use--(1) General rule. The term ``parts 
or accessories'' also does not include material such as glass, cloth, 
leather, matting linoleum, and other materials sold in rolls or by the 
foot, such as brake lining, tape, binding, wire, cable, metal and rubber 
tubing, packing, conduit, and similar material. However, except as 
provided in subparagraph (2) of this paragraph, when any such material 
is cut or otherwise transformed by any person into an automobile part or 
accessory, tax attaches at the time such part or accessory is sold by 
such person.
    (2) Articles made for immediate installation or repair. If in 
connection with an immediate installation in an automobile truck, other 
automobile, or tractor an article is produced through the use of special 
machinery or as a result of specialized skills from lengths or rolls of 
material, the person producing such article is considered to have 
manufactured an automobile part or accessory and the tax applies to his 
sale of such part or accessory. For example, tax applies to the sale of 
automobile glass cut to size to replace broken glass, or automobile seat 
covers, automobile floor mats, or fitted truck top covers produced to 
replace worn seat covers, floor mats, or truck top covers. However, if 
an article of a minor nature is produced by simple operation from 
lengths or rolls of material for immediate use by a repairman in the 
repair of an automobile truck, other automobile, or tractor on which he 
is then working, the person producing such article is not considered to 
have manufactured an automobile part or accessory and tax does not apply 
on his sale of such article. For example, tax does not apply where a 
wire, hose, or board is cut to size in order to replace a damaged wire, 
hose, or board of an automobile truck, other automobile, or tractor.
    (d) Examples of articles taxable as parts or accessories. Examples 
of articles which are taxable as parts or accessories are: Automobile 
air conditioners; baby seats for automobiles; automobile beds; 
automobile hammocks; automobile clutches; bottle warmers and heating 
pads designed to operate from an automobile cigarette lighter; 
automobile radio antennae; automobile license plate frames; automobile 
clocks; automobile mirrors and mirror brackets; purses for carrying 
parking meter coins or cases for carrying registration cards when 
designed for attachment to an automobile; safes primarily designed for 
use in taxable motor vehicles; electric bulbs primarily designed and 
adapted for use on automobiles; automobile floor mats; jacks of the 
mechanical or hydraulic bumper, screw, ratchet, scissors, or other type 
primarily designed to be carried as accessories in automobiles as 
distinguished from jacks designed especially for use in garages and 
repair shops; dollies of the type commonly known as converter dollies 
which are used as connectors to convert semitrailers to full trailers; 
tool kits recommended for use with automobiles; automobile seat covers 
of any construction whether they are ready-made or custom fitted; fitted 
truck top covers; glass cut to size for installation in automobiles; and 
automobile bearings, such as automobile crankshaft or connecting rod 
bearings.
    (e) Effective date. This section shall be effective with respect to 
sales made on or after January 1, 1964. For the definition of parts or 
accessories applicable to sales thereof prior to such date, see 
Sec. 40.4061(b)-2 of this chapter (Manufacturers and Retailers Excise 
Tax Regulations).
    (f) Cross references. For provisions relating to the tax imposed 
upon:
    (1) Tires and inner tubes, see section 4071 and the regulations 
thereunder contained in Subpart H of this part;
    (2) Automobile radio and television receiving sets, see section 4141 
and the regulations thereunder contained in Subpart J of this part; and

[[Page 118]]

    (3) Fare registers and fare boxes for use on buses and automobiles, 
see section 4191 and the regulations thereunder contained in Subpart L 
of this part.

[T.D. 6648, 28 FR 3633, Apr. 13, 1963, as amended by T.D. 6655, 28 FR 
5235, May 25, 1963]





Sec. 48.4061(b)-3   Rebuilt, reconditioned, or repaired parts or accessories.

    (a) Rebuilt parts or accessories. Rebuilding of automobile parts or 
accessories, as distinguished from reconditioning or repairing, 
constitutes manufacturing, and the rebuilder of such parts or 
accessories is liable for the tax imposed by section 4061(b) with 
respect to his sales of such rebuilt parts or accessories. Reboring or 
other machining, rewinding, and comparable major operations constitute 
rebuilding. The person owning the part or accessory being rebuilt is the 
manufacturer of the article and is liable for the tax on his sale of the 
rebuilt part or accessory. The tax attaches whether the machining or 
other operation is performed by the rebuilder himself or by some other 
person in his behalf. For example, the tax attaches with respect to 
sales of (1) rebuilt batteries, (2) rebabbited or machined connecting 
rods, (3) reassembled clutches after operations such as the resurfacing 
of clutch plates, (4) rewound armatures, (5) reassembled generators with 
armatures rewound by or for the person reassembling the generator, (6) 
reground or remetalized crankshafts, and (7) engines in which blocks are 
machined (such as cylinders rebored or new sleeves inserted with or 
without cylinders being rebored) or new blocks installed. For provisions 
relating to the sale price of rebuilt parts or accessories, see 
Sec. 48.4062(b)-1.
    (b) Reconditioned parts or accessories. The mere disassembling, 
cleaning, and reassembling (with any necessary replacements of worn 
parts) of automobile parts or accessories, such as fuel pumps, water 
pumps, carburetors, distributors, shock absorbers, windshield-wiper 
motors, brake shoes, clutch disks, voltage regulators, and other parts 
or accessories, are regarded as reconditioning operations rather than 
the manufacturing or production of rebuilt parts or accessories. The 
sale of a reconditioned part or accessory is not subject to tax if 
previous to the reconditioning there had been a prior sale of such part 
or accessory in the United States. Any new taxable parts or accessories 
produced, or purchased tax free for use in further manufacture, and used 
as replacements in reconditioning such units are subject to tax when 
used by the reconditioner.
    (c) Repaired parts or accessories. The tax does not apply to the 
amount paid for the repair of automobile parts or accessories for the 
owner thereof. Repairing consists of the restoration, whether by 
rebuilding or reconditioning, of an owner's part or accessory to usable 
condition for his own use rather than for sale. The person who performs 
the repairing must retain in his possession evidence or documents from 
which the nontaxable nature of the operation can be ascertained. Any 
person engaged in rebuilding parts or accessories for purposes of sale 
incurs liability for tax with respect to his own use of any part or 
accessory rebuilt by him for sale.





Sec. 48.4061-1   Temporary regulations with respect to floor stock refunds or credits on cement mixers.

    (a) In general--(1) Refund or credit. Pub. L. 91-678 (84 Stat. 2062, 
Jan. 12, 1971) provides that if:
    (i) A manufacturer, producer, or importer paid the tax imposed by 
section 4061 (relating to imposition of tax on motor vehicles) on the 
sale of a cement mixer after June 30, 1968, and before January 1, 1970, 
and
    (ii) Such cement mixer was held by a dealer on January 1, 1970, for 
purposes of resale and was not used,

the manufacturer, producer, or importer is entitled to a credit or 
refund (without interest) of the amount of tax he paid on his sale of 
such cement mixer.
    (2) Time for filing claim. The manufacturer, producer, or importer 
entitled to a credit or refund under subparagraph (1) of this paragraph 
shall file his claim for credit or refund on or before October 31, 1971, 
based upon a request submitted to the manufacturer, producer, or 
importer on or before July 31, 1971, by the dealer who held the cement 
mixer in respect of which the credit or refund is claimed. Before he 
files his

[[Page 119]]

claim for credit or refund, the manufacturer, producer, or importer 
shall either reimburse the dealer for the amount of tax he is claiming 
with respect to the cement mixer or obtain written consent from the 
dealer to claim such tax.
    (3) Other provisions applicable. All provisions of law, including 
penalties, applicable in respect of the taxes imposed by section 4061 of 
such Code shall, insofar as applicable and not inconsistent with Pub. L. 
91-678 apply in respect of the credits and refunds provided for in this 
section to the same extent as if the credits or refunds constituted 
overpayments of the taxes.
    (b) Definitions. For purposes of this section:
    (1) Cement mixer. The term ``cement mixer'' means:
    (i) Any article designed to be placed or mounted on an automobile 
truck chassis or truck trailer or semitrailer chassis and to be used to 
process or prepare concrete, and
    (ii) Parts or accessories designed primarily for use on or in 
connection with an article described in subdivision (i) of this 
subparagraph.
    (2) Dealer. The term ``dealer'' includes a wholesaler, jobber, 
distributor, or retailer.
    (3) Held by a dealer. A cement mixer shall be considered as ``held 
by a dealer'' if title thereto has passed to the dealer (whether or not 
delivery to him has been made), and if for purposes of consumption title 
to the cement mixer or possession thereof had not at any time prior to 
January 1, 1970, been transferred to any person other than a dealer. For 
purposes of paragraph (a) of this section and notwithstanding the 
preceding sentence, a cement mixer shall be considered as ``held by a 
dealer'' and not to have been used, although possession of such cement 
mixer has been transferred to another person, if such cement mixer is 
returned to the dealer in a transaction under which any amount paid or 
deposited by the transferee for such cement mixer is refunded to him 
(other than amounts retained by the dealer to cover damage to the cement 
mixer). Moreover, such a cement mixer shall be considered as held by a 
dealer on January 1, 1970, even though it was in the possession of the 
transferee on such day, if it was returned to the dealer (in a 
transaction described in the preceding sentence) before January 31, 
1970. The determination as to the time title passes or possession is 
obtained for purposes of consumption shall be made under applicable 
local law. (See subdivisions (iii), (iv), and (v) of paragraph (b)(4) of 
Sec. 145.2-1 of this subchapter for examples illustrating the provisions 
of this subparagraph.)
    (c) Other requirements. All the requirements of paragraph (c) 
(relating to participation of dealers), paragraph (d) (relating to claim 
for credit or refund), paragraph (e) (relating to evidence to be 
retained), and paragraph (f) (relating to effect on other claims for 
refund or credit) of Sec. 48.6412-1 are applicable (to the extent they 
are not inconsistent with section 4061 and Pub. L. 91-678) with respect 
to a claim for credit or refund under this section. With respect to 
claims for credit or refund under this section, the term ``dealer 
request limitation date'' and ``claim limitation date'' used in 
paragraphs (c) and (d) of Sec. 48.6412-1 means July 31, 1971, and 
October 31, 1971, respectively.

[T.D. 7090, 36 FR 3893, Mar. 2, 1971]
Sec. 48.4062(a)  [Reserved]





Sec. 48.4062(a)-1   Specific parts or accessories.

    Spark plugs, storage batteries, leaf springs, coils, timers, and 
tire chains, which are suitable for use on or in connection with, or as 
component parts of, automobile trucks, other automobiles, tractors, or 
other vehicles enumerated in section 4061(a), are considered parts of, 
or accessories for, such articles whether or not primarily designed or 
adapted for such use.
Sec. 48.4062(b)  [Reserved]





Sec. 48.4062(b)-1   Rebuilt parts or accessories sold on an exchange basis.

    The sale price of a rebuilt part or accessory on which the tax is to 
be computed shall not include the value of a like part or accessory 
accepted in exchange. The total amount charged in excess of the amount 
allowed for a like article accepted in an exchange will be

[[Page 120]]

the basis for tax. For example, if a rebuilt automobile engine is sold 
for $100, plus another automobile engine, the tax on the rebuilt engine 
will be computed on the basis of $100.





Sec. 48.4063-1  Tax-free sales of bodies to chassis manufacturers.

    Under the provisions of section 4063(b), the tax imposed by section 
4061(a) shall not apply to bodies sold by the manufacturer thereof to a 
manufacturer (but not an importer) of automobile trucks (as defined by 
Sec. 48.4061(a)-3(a)) to be sold by the purchaser. Thus, a manufacturer 
of automobile truck bodies is permitted to sell such bodies tax free to 
manufacturers of automobile truck chassis. This section does not apply 
with respect to the sale of an automobile truck chassis to manufacturers 
of automobile truck bodies. However, see Sec. 48.4061(a)-1(e) with 
respect to the sale of an automobile truck chassis for use in the 
manufacture or assembly of a nonhighway vehicle (within the meaning of 
Sec. 48.4061(a)-1(d)). In order to effect a tax-free sale of a body as 
provided in this section, both the seller and purchaser must comply with 
the registration and other requirements of section 4222 and the 
regulations thereunder. A chassis manufacturer who purchases a body tax 
free as provided in this section shall, for purposes of application of 
the tax imposed by section 4061(a), be considered the manufacturer of 
such body.

[T.D. 7461, 42 FR 2675, Jan. 13, 1977]





Sec. 48.4063-2  Tax-free sales of parts or accessories sold for resale on or in connection with the first retail sale of a light-duty truck.

    (a) In general. Under section 4063(e), the 8-percent manufacturers 
excise tax imposed by section 4061(b) on the sale of truck parts or 
accessories does not apply to the sale by the manufacturer, producer, or 
importer of any parts which are to be resold by the purchaser on or in 
connection with the first retail sale of a light-duty truck as defined 
in section 4061(a)(2), or which are to be resold by the purchaser to a 
second purchaser for resale by the second purchaser on or in connection 
with the first retail sale of a light-duty truck. A tax-free sale is 
also allowed under section 4063(e) if an ultimate purchaser makes a 
direct purchase from a manufacturer of a part or accessory for use on or 
in connection with a substantially contemporaneous purchase of a new 
light-duty truck.
    (b) Evidence required for tax-free sales of light-duty truck parts 
and accessories--(1) In general. The provisions of section 4063(e) do 
not apply with respect to any sale unless the manufacturer, the first 
purchaser, and the second purchaser, if any, are all registered as 
required under section 4222, and unless they comply with all the 
requirements under that section relating to tax-free sales. To 
effectuate a tax-free sale directly from the manufacturer, first or 
second purchaser to an ultimate purchaser, the ultimate purchaser must, 
in every case, satisfy the provisions of paragraphs (b)(3)(i), (ii) and 
(iii) of this section. Persons not required to be registered under 
section 4222(b) may purchase articles tax free by following the same 
procedures that apply to them in the case of other tax-free sales. See 
Sec. 48.4222(b)-1.
    (2) Revocation or suspension of registration or right to use 
exemption certificate.  A person's registration and right to sell or 
purchase articles tax free through the use of an exemption certificate 
may be revoked or suspended. See Sec. 48.4222(c)-1. Such a revocation or 
suspension shall be in addition to any other penalties that may apply. 
Any person who purchases articles tax free and who sells or uses them 
for a non-exempt purpose shall notify its vendor of the taxable sale or 
use.
    (3) Exemption certificate--(i) To establish exemption from tax under 
section 4061(b) in those instances where a sale is made directly to an 
ultimate purchaser, the manufacturer, first, or second purchaser must 
obtain (prior to or at the time of sale) from the ultimate purchaser and 
retain in its possession a properly executed exemption certificate in 
the form prescribed in paragraph (b)(3)(iii) of this section.
    (ii) Where only occasional sales are made, a separate exemption 
certificate shall be furnished for each order. However, where sales are 
regularly or frequently made to a purchaser for such exempt use, a 
certificate covering all

[[Page 121]]

sales for a specified period not to exceed 12 calendar quarters will be 
acceptable. Such certificates and proper records of invoices, orders, 
etc. relative to tax-free sales must be kept for inspection by the 
district director as provided in section 6001 and the regulations 
thereunder.
    (iii) The following form of exemption certificate will be acceptable 
for purposes of this section and must be adhered to in substance.

                          Exemption Certificate

    (For use by ultimate purchaser who purchase parts or accessories 
from a manufacturer, producer, importer, first or second purchaser for 
use on or in connection with the first retail sale of a light-duty 
truck. (Section 4063 of the Internal Revenue Code.))

    (Date)__________ 19____.

    1. I, the undersigned, certify that I am, or the (Name of company 
__________________ of which I am (Position held __________, is 
purchasing from the manufacturer, producer, importer, first or second 
purchaser the parts or accessories specified in section 2 below (or in 
the purchase order or invoice attached hereto) for use on or in 
connection with a substantially contemporaneous purchase of a new light-
duty truck specified in section 3 below. I also certify that (check 
applicable type of certificate) ______ the article or articles specified 
in the accompanying order, as described below, or __________ all orders 
placed by the purchaser for the period commencing (Date) ______ and 
ending (Date) ______ (period not to exceed 12 calendar quarters), will 
be used only for the above stated tax-exempt purposes and will not be 
used as a replacement part.
    I understand that the willful use of this exemption certificate to 
evade or defeat the manufacturers excise tax otherwise applicable to 
these parts or accessories will subject me to a fine of not more than 
$10,000 or imprisonment for not more than 5 years, or both, together 
with cost of prosecution.
(Signature)____________________.

(Address)____________________.
    2. Description of parts and accessories

                                                                        
------------------------------------------------------------------------
                  Type                    Quantity    Price      Total  
------------------------------------------------------------------------
                                         .........  .........  .........
                                         .........  .........  .........
------------------------------------------------------------------------

    3. Description of new light-duty truck
    (a) Type: (b) Quantity, (c) Serial Number.
    (d) GVWR: (e) Date of Sale, (f) Invoice Number.
    (g) Name and Address of Vendor of Vehicle.

    (c) Information; records--(1) Information to be furnished to vendee. 
A vendor (including the manufacturer) selling light-duty truck parts and 
accessories tax free under section 4063(e) shall indicate to its vendee 
that the vendee is obtaining the parts or accessories tax free for the 
purpose of resale (or use) on or in connection with the first retail 
sale of a light-duty truck. This information may be transmitted by any 
convenient means, such as coding of sales invoices, provided that the 
information is presented with sufficient particularity so that the 
purchaser is informed that the purchaser has obtained the light-duty 
truck parts or accessories tax free.
    (2) Records of vendor. A manufacturer or vendor selling light-duty 
truck parts or accessories tax free under section 4063(e) shall maintain 
in its records the identity of the purchaser, a signed statement of the 
exempt purpose for purchasing the light-duty truck parts or accessories, 
and the quantity of light-duty truck parts or accessories sold tax free 
to each purchaser.
    (3) Records of vendee. A person purchasing light-duty truck parts or 
accessories tax free under section 4063(e) must maintain sufficient 
records to establish that the parts or accessories purchased tax free 
have actually been resold (or used) on or in connection with the first 
retail sale of a light-duty truck or have been resold to a second 
purchaser for such a resale by the second purchaser.
    (d) Duty of selling manufacturer to ascertain validity of tax-free 
sale. The selling manufacturer of light-duty truck parts is not relieved 
of liability under the provisions of section 4063(e) by reason of 
section 4221(c) for the tax imposed by section 4061(b) if at the time of 
sale the selling manufacturer has knowledge or reason to believe that 
the light-duty truck parts or accessories sold by it to the purchaser 
are not intended for resale (or use) on or in connection with the first 
retail sale of a light-duty truck. The selling manufacturer is also not 
relieved of liability if it has knowledge or reason to believe that the 
purchaser has failed to register, refused to execute an exemption 
certificate, or that its registration or its right to purchase tax free 
through

[[Page 122]]

the use of an exemption certificate has been revoked or suspended.
    (e) Cross reference. For credit or refund, see section 6416(b)(2).
    (f) Effective date. Section 4063(e) (relating to light-duty truck 
parts and accessories) applies to sales on or after December 1, 1978. 
Light-duty truck parts or accessories sold prior to that date are not 
exempt from tax under section 4061(b) by reason of section 4063(e).

[T.D. 7834, 47 FR 42344, Sept. 27, 1982]





Sec. 48.4063-3   Other tax-free sales.

    For provisions relating to tax-free sales of articles referred to in 
section 4061, see:
    (a) Section 4221, relating to certain tax-free sales;
    (b) Section 4222, relating to registration; and
    (c) Section 4223, relating to special rules pertaining to further 
manufacture;

and the regulations thereunder contained in Subpart N of this part.

[T.D. 7727, 28 FR 3633, Apr. 13, 1963. Redesignated by T.D. 7834, 47 FR 
42344, Sept. 27, 1982]





Sec. 48.4064-1  Gas guzzler tax.

    (a) General rule--(1) In general. Section 4064 imposes on the sale 
by the manufacturer of an automobile a tax determined in accordance with 
the tables in section 4064(a) (1) through (7), and in paragraph (a)(2) 
of this section. The tax is applicable to model types of 1980 and later 
model year automobiles that have a fuel economy level below the 
applicable tax-free fuel economy level. Paragraph (b) of this section 
defines the following terms: sale, manufacturer, automobile, model year, 
model type, fuel economy, and fuel. Paragraph (c) of this section 
contains rules relating to the determination of fuel economy. Paragraph 
(d) of this section contains a special rule for certain small 
manufacturers. Paragraph (e) of this section contains rules relating to 
the tax-free sales of emergency vehicles.
    (2) Tables. (i) In the case of a 1980 model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 15...............................................         0
    At least 14 but less than 15..............................      $200
    At least 13 but less than 14..............................       300
    Less than 13..............................................       550
                                                                        

    (ii) In the case of a 1981 model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 17...............................................         0
    At least 16 but less than 17..............................      $200
    At least 15 but less than 16..............................       350
    At least 14 but less than 15..............................       450
    At least 13 but less than 14..............................       550
    Less than 13..............................................       650
                                                                        

    (iii) In the case of a 1982 model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 18.5.............................................         0
    At least 17.5 but less than 18.5..........................      $200
    At least 16.5 but less than 17.5..........................       350
    At least 15.5 but less than 16.5..........................       450
    At least 14.5 but less than 15.5..........................       600
    At least 13.5 but less than 14.5..........................       750
    At least 12.5 but less than 13.5..........................       950
    Less than 12.5............................................     1,200
                                                                        

    (iv) In the case of a 1983 model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 19...............................................         0
    At least 18 but less than 19..............................      $350
    At least 17 but less than 18..............................       500
    At least 16 but less than 17..............................       650
    At least 15 but less than 16..............................       800
    At least 14 but less than 15..............................     1,000
    At least 13 but less than 14..............................     1,250
    Less than 13..............................................     1,550
                                                                        

    (v) In the case of a 1984 model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

[[Page 123]]



                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 19.5.............................................         0
    At least 18.5 but less than 19.5..........................      $450
    At least 17.5 but less than 18.5..........................       600
    At least 16.5 but less than 17.5..........................       750
    At least 15.5 but less than 16.5..........................       950
    At least 14.5 but less than 15.5..........................     1,150
    At least 13.5 but less than 14.5..........................     1,450
    At least 12.5 but less than 13.5..........................     1,750
    Less than 12.5............................................     2,150
                                                                        

    (vi) In the case of a 1985 model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 21...............................................         0
    At least 20 but less than 21..............................      $500
    At least 19 but less than 20..............................       600
    At least 18 but less than 19..............................       800
    At least 17 but less than 18..............................     1,000
    At least 16 but less than 17..............................     1,200
    At least 15 but less than 16..............................     1,500
    At least 14 but less than 15..............................     1,800
    At least 13 but less than 14..............................     2,200
    Less than 13..............................................     2,650
                                                                        

    (vii) In the case of a 1986 or later model year automobile:

    If the fuel economy of the model type in which the automobile falls 
is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 22.5.............................................         0
    At least 21.5 but less than 22.5..........................      $500
    At least 20.5 but less than 21.5..........................       650
    At least 19.5 but less than 20.5..........................       850
    At least 18.5 but less than 19.5..........................     1,050
    At least 17.5 but less than 18.5..........................     1,300
    At least 16.5 but less than 17.5..........................     1,500
    At least 15.5 but less than 16.5..........................     1,850
    At least 14.5 but less than 15.5..........................     2,250
    At least 13.5 but less than 14.5..........................     2,700
    At least 12.5 but less than 13.5..........................     3,200
    Less than 12.5............................................     3,850
                                                                        

    (3) Liability for tax. The tax imposed by section 4064 is payable by 
the manufacturer making the sale. An automobile sold before the time a 
determination of fuel economy is made for the model type (as defined in 
paragraph (b)(6) of this section) is subject to tax if it is 
subsequently determined that the fuel economy level of that model type 
of automobile is within the taxable range (see paragraph (a)(1) of this 
section).
    (b) Definitions--(1) Sale. Sale includes the use (within the meaning 
of section 4218) or the first lease (within the meaning of section 
4217(e)) of an automobile by the manufacturer.
    (2) Manufacturer. The term ``manufacturer'' has the same meaning 
assigned to such term under Sec. 48.0-2(a)(4). The term ``manufacturer'' 
includes a producer or importer. An importer is a person who imports an 
automobile whether or not in connection with a trade or business.
    (3) Automobile. The term ``automobile'' means any four-wheeled 
vehicle--
    (i) Propelled by an engine powered by fuel;
    (ii) Manufactured primarily for use on public streets, roads, and 
highways (except any vehicle operated exclusively on a rail or rails);
    (iii) Rated at 6,000 pounds gross vehicle weight or less; and
    (iv) Requiring no further manufacturing operations to perform its 
intended function, other than the addition of readily attachable 
components, such as mirrors or tire and rim assemblies, or minor 
finishing operations, such as painting. For this purpose, gross vehicle 
weight means the value specified by the manufacturer as the maximum 
design loaded weight of a single vehicle. An automobile does not include 
a nonpassenger automobile as defined in regulations in effect on 
November 9, 1978 (49 CFR 523.5 (1978)), which were prescribed by the 
Secretary of Transportation for section 501 of the Motor Vehicle 
Information and Cost Savings Act (15 U.S.C. 2001). In addition, an 
automobile does not include the following: any vehicle sold for use and 
used primarily as an ambulance or combination ambulance-hearse; any 
vehicle sold for use and used by the United States or by a State or 
local government primarily for police or other law enforcement purposes; 
or any vehicle sold for use and used primarily for firefighting 
purposes.
    (4) Model year. The term ``model year'' means the manufacturer's 
annual production period (as determined by the Administrator of the 
Environmental Protection Agency) which includes January 1 of any 
particular calendar year. If the manufacturer has no

[[Page 124]]

annual production year, the model year is the calendar year.
    (5) Model type. The term ``model type'' means a particular class of 
automobile, as determined by regulations in effect on November 9, 1978 
(40 CFR 600.002-79(a)(19) (1978)), which were prescribed by the 
Administrator of the Environmental Protection Agency.
    (6) Fuel economy. The term ``fuel economy'' means the average number 
of miles traveled by an automobile per gallon of fuel consumed, rounded 
to the nearest .1 mile per gallon. The fuel economy for any model type 
is determined by the Environmental Protection Agency (as determined in 
accordance with the procedures provided in paragraph (c) of this 
section). For this purpose, the fuel economy is a combined (urban-
highway weighted average) mileage figure estimated in connection with 
the determination (or redetermination) of general label value (fuel 
economy information displayed on a sticker that is affixed to new 
automobiles) mandated under section 506 of the Motor Vehicle Information 
and Cost Savings Act (15 U.S.C. 2006) and regulations thereunder (40 CFR 
Part 600).
    (7) Fuel. The term ``fuel'' means gasoline and diesel fuel.
    (c) Determination of fuel economy. For purposes of this section, the 
fuel economy for any model type is determined (or redetermined) in 
accordance with the testing and calculation procedures utilized by the 
Environmental Protection Agency Administrator for model year 1975 
(weighted 55 percent urban cycle and 45 percent highway cycle), or any 
other procedures (yielding comparable results) established by the 
Administrator. The Environmental Protection Agency's determination (or 
redetermination) of a model type's fuel economy is made at the time the 
general label fuel economy value is calculated (or recalculated). This 
determination (or redetermination) is conclusive for purposes of this 
section. A redetermination of a model type's fuel economy value shall be 
effective only with respect to those automobiles for which the 
manufacturer is required (or is permitted and chooses) under 
Environmental Protection Agency regulations to affix labels with the 
recalculated general label fuel economy value.
    (d) Special rule for small manufacturers--(1) In general. A small 
manufacturer (as defined in subparagraph (2)(i) of this paragraph) may 
apply for a determination that it is not feasible for that manufacturer 
to meet the statutory tax-free fuel economy level for the model year, 
with respect to all automobiles produced by that manufacturer, or with 
respect to a particular model type. For this purpose, the Commissioner 
(or his delegate) will make a determination of maximum feasible fuel 
economy level with respect to the automobiles that are the subject of 
the determination, but only after consultation with the Secretary of 
Energy, the Secretary of Transportation, and the Administrator of the 
Environmental Protection Agency (or their delegates) to obtain their 
views. A finding that it is not feasible for the manufacturer to meet 
the statutory tax-free fuel economy level will be made by the Internal 
Revenue Service if the maximum feasible fuel economy level (as defined 
in subparagraph (3)(i) of this paragraph) of the automobiles that are 
the subject of the determination is lower than the statutory tax-free 
fuel economy level for those automobiles. If it is determined that it is 
not feasible for a small manufacturer to meet the statutory tax-free 
fuel economy level, the Secretary (or his delegate) has the discretion 
to grant to the manufacturer the alternate rate schedule prescribed in 
paragraph (d)(3)(iii) of this section in lieu of the applicable 
statutory tax table prescribed in section 4064(a). The decision whether 
to grant the alternate rate schedule shall be based on the consideration 
set forth in paragraph (d)(3)(ii) of this section. If a small 
manufacturer for which an alternate rate schedule under this paragraph 
(d) is applicable sells an automobile to an importer, the alternate rate 
schedule applies to the sale by the importer of such automobile if such 
automobile is of the model year and type to which such alternate 
schedule applies.
    (2) Definitions--(i) Small manufacturer. A small manufacturer is any 
manufacturer who produced (whether or not in the United States) fewer 
than 10,000 automobiles in the second model year

[[Page 125]]

preceding the affected model year (the model year for which the 
determination under this paragraph is being made), and who can 
reasonably be expected to produce (whether or not in the United States) 
fewer than 10,000 automobiles in the affected model year.
    (ii) Manufacturer. For purposes of this paragraph, the term 
``manufacturer'' does not include a person who is only an importer, but 
does include a producer of automobiles outside the United States who is 
also an importer.
    (iii) Members of a controlled group. For purposes of this paragraph, 
persons who are members of a controlled group of corporations (as 
defined in section 1563(a) of the Internal Revenue Code, except that 
``more than 50 percent'' is substituted for ``at least 80 percent'' each 
place it appears in section 1563(a)) are treated as one manufacturer.
    (3) Basis for determination--(i) Maximum feasible fuel economy 
level. For purposes of this paragraph, the maximum feasible fuel economy 
level is determined by taking into account the same factors used in 
determining the maximum feasible fuel economy level under section 502(e) 
of the Motor Vehicle Information and Cost Savings Act (as amended) and 
the regulations thereunder in effect on November 9, 1978. (Those 
regulations for small manufacturers are prescribed in 49 CFR Part 525 
(1978).) In making this determination, the Commissioner (or his 
delegate) will consult with the National Highway Traffic Safety 
Administration of the Department of Transportation.
    (ii) Decision to grant alternate rate schedule. In deciding whether 
to grant an alternate rate schedule, the Secretary (or his delegate) 
will consider whether the use (in the United States) of the automobile 
serves an important public policy (e.g., providing public transportation 
or transportation for the handicapped) that overrides the United States' 
need to conserve energy. The manufacturer has the burden of 
demonstrating that the public policy consideration involved overrides 
the United States' need to conserve energy. The Commissioner (or his 
delegate), after consultation with the Secretary of Energy, the 
Secretary of Transportation, and the Administratior of the Environmental 
Protection Agency (or their delegates), will review the information 
submitted by the manufacturer and report findings and recommendations to 
the Secretary (or his delegate).
    (iii) Alternate rate schedule and tax. If an alternate rate schedule 
is granted, the maximum feasible fuel economy level shall be deemed to 
be the statutory tax-free fuel economy level. Accordingly, a tax is 
imposed only on automobiles sold that fail to meet the deemed tax-free 
fuel economy level. The alternate rate schedule shall be determined by 
substituting the maximum feasible fuel economy level for the tax-free 
fuel economy level in the applicable statutory tax table set forth in 
section 4064(a), and by substituting for the miles per gallon amount 
prescribed in that applicable table an amount that is the tax-free level 
decreased by one mile per gallon increments, while keeping the same 
corresponding tax amount prescribed in the applicable table. The rule 
for determining an alternate rate schedule may be illustrated by the 
following example:

    Example. Manufacturer X, a small manufacturer of automobiles 
specifically designed to accommodate disabled passengers, applied for a 
determination that it is not feasible for X to meet the statutory tax-
free fuel economy level for a particular model type of X's 1982 model 
year automobiles. It was determined that the maximum feasible fuel 
economy level for that model type was 15 miles per gallon. The Secretary 
decided to grant X an alternate rate schedule. The alternate rate 
schedule for the model type would be as follows:
    If the fuel economy of the automobile is:

                                                                        
                                                                 The tax
                                                                  is--  
                                                                        
Miles per gallon:                                                       
    At least 15...............................................         0
    At least 14 but less than 15..............................      $200
    At least 13 but less than 14..............................       350
    At least 12 but less than 13..............................       450
    At least 11 but less than 12..............................       600
    At least 10 but less than 11..............................       750
    At least 9 but less than 10...............................       950
    Less than 9...............................................     1,200
                                                                        


[[Page 126]]

Thus, if X's 1982 automobiles of that model year and type attain only 12 
miles per gallon (because X fails to modify them to reach the maximum 
feasible fuel economy level before they are sold), the tax imposed upon 
the sale of each automobile is $450 (instead of the $1,200 tax (see the 
applicable statutory tax table set forth in section 4064(a)(3)), which 
would have been imposed had no alternate rate schedule been prescribed).

    (4) Duration of determination. A determination under this paragraph 
does not apply to more than three model years.
    (5) Requirements for application. Each application for a 
determination under this section must--
    (i) Identify the model year or years, and particular model type or 
types for which a determination is requested;
    (ii) (A) In the case of an application for model year 1980, be 
submitted not later than May 8, 1980;
    (B) In case of an application for model year 1981, be submitted not 
later than 9 months before the beginning of that model year or March 10, 
1980, whichever is later;
    (C) In the case of an application for model year 1982 or any 
subsequent model year, be submitted not later than 9 months before that 
model year;
    (iii) Be submitted in three copies to: Commissioner of Internal 
Revenue, Attention: Associate Chief Counsel (Technical), 1111 
Constitution Avenue, NW., Washington, DC 20224;
    (iv) Be written in the English language;
    (v) Set forth the full name, address, and title of the official 
responsible for preparing the application;
    (vi) State whether the applicant is a member of a controlled group 
of corporations (as defined in paragraph (d) (2) (iii) of this section);
    (vii) State the total number of automobiles manufactured (whether or 
not in the United States) by the applicant (or the controlled group of 
corporations in the case where the applicant is a member of the group) 
in the second model year immediately preceding each affected model year 
and the total number of automobiles likely to be manufactured in the 
affected model year;
    (viii) Set forth the same information required by an application 
pursuant to section 502 (c) of the Motor Vehicle Information and Cost 
Savings Act (as amended) and the regulations thereunder (see 49 CFR Part 
525 (1978)) and state whether or not the applicant under this paragraph 
has also made an application pursuant to such Act; and
    (ix) Set forth the reasons why an alternate rate schedule should be 
granted under paragraph (d) (3) (ii) of this section.
    (6) Update of application. A manufacturer making an application 
under this section must update the application when a material change of 
circumstances occurs or material information not available at the time 
of applying becomes available. The manufacturer must also furnish any 
further information that may be required by the Internal Revenue 
Service.
    (7) Processing of applications. If a manufacturer's application is 
found not to contain the information required by this paragraph, the 
applicant will be informed of the areas of insufficiency. The 
application will not receive further consideration until the required 
information is submitted. Each applicant will be informed in writing 
whether an application has been granted or denied.
    (e) Tax-free sales of emergency vehicles--(1) In general. The tax 
imposed by section 4064 (a) shall not apply to vehicles sold by a 
manufacturer for use and used (i) primarily as an ambulance or 
combination ambulance-hearse, (ii) by the United States or by a State or 
local government primarily for police or other law enforcement purposes, 
or (iii) primarily for fire-fighting purposes. A vehicle may be sold 
tax-free by the manufacturer under this paragraph only in those cases 
where the sale is made directly to a purchaser for an emergency use 
prescribed in this subparagraph. In order to effect a tax-free sale, the 
requirements of section 4222 and the regulations thereunder must be met.
    (2) Credit or refund. Where tax is paid on the sale of a vehicle, 
but the vehicle is used or resold for an emergency use prescribed in 
subparagraph (1) of this paragraph, a claim for refund of the tax paid 
on such sale may be filed by the manufacturer on Form 8849 (or on such 
other form as the Commissioner may designate), or a credit may be taken 
on

[[Page 127]]

a subsequent return, in accordance with the provisions of sections 6402 
(a) and 6416 (a) and Sec. 48.6416 (a)-1.

[T.D. 8036, 50 FR 29960, July 23, 1985, as amended by T.D. 8659, 61 FR 
10453, Mar. 14, 1996]

                     Tires, Tubes, and Tread Rubber





Sec. 48.4071-1  Imposition and rates of tax.

    (a) Imposition of tax--(1) Imposition of tax before January 1, 1984. 
Section 4071 imposes a tax at the rates set forth in paragraph (b)(1) of 
this section on tires made wholly or in part of rubber, inner tubes (for 
tires) made wholly or in part of rubber and tread rubber which are sold 
by the manufacturer thereof before January 1, 1984.
    (2) Imposition of tax after December 31, 1983. Section 4071 imposes 
a tax at the rates set forth in paragraph (b)(2) of this section on 
tires of the type used on highway vehicles and made wholly or in part of 
rubber which are sold by the manufacturer thereof after December 31, 
1983.
    (3) Definitions. For definitions of the terms ``tires,'' ``inner 
tubes,'' ``tread rubber,'' ``rubber'' and ``manufacturer,'' see 
Sec. 48.4072-1 of the regulations.
    (b) Rates and computation of tax--(1) Rates of tax before January 1, 
1984.
    (i) Tires:
    (A) Of the type used on highway vehicles:
    (1) For the period July 1, 1965 to December 31, 1980, inclusive--10 
cents per pound.
    (2) For the period January 1, 1981 to December 31, 1983, inclusive--
9.75 cents per pound.
    (B) Of the type used on other than highway vehicles:
    (1) For the period July 1, 1965, to December 31, 1980, inclusive--5 
cents per pound.
    (2) For the period January 1, 1981 to December 31, 1983, inclusive--
4.875 cents per pound.
    (C) Laminated tires for the period July 1, 1965 to December 31, 
1983, inclusive--1 cent per pound.
    (ii) Inner tubes:
    For the period July 1, 1965 to December 31, 1983, inclusive--10 
cents per pound.
    (iii) Tread Rubber:
    For the period July 1, 1965 to December 31, 1983, inclusive--5 cents 
per pound.
    (2) Rates of tax on or after January 1, 1984. Tires of the type used 
on highway vehicles:
    (i) Tires weighing not more than 40 pounds--0 cents.
    (ii) Tires weighing more than 40 pounds but not more than 70 
pounds--15 cents for each pound in excess of 40 pounds.
    (iii) Tires weighing more than 70 pounds but not more than 90 
pounds--$4.50 plus 30 cents for each pound in excess of 70 pounds.
    (iv) Tires weighing more than 90 pounds--$10.50 plus 50 cents for 
each pound in excess of 90 pounds.
    (3) Computation of tax. The tax on tires, inner tubes, and tread 
rubber is computed by applying to the total weight (including a 
fractional part of a pound) of the article the rate in effect at the 
time the article is sold. See Sec. 48.4071-2, relating to determination 
of weight.
    (c) Liability for tax. The tax imposed by section 4071 is payable by 
the manufacturer when the manufacturer makes a sale of a taxable 
article, or as provided in section 4071 (b) and Sec. 48.4071-3 for a 
manufacturer who sells at retail, when the manufacturer delivers a 
taxable article to a retail store, or to a retail outlet, of the 
manufacturer.
    (d) Recapped or retreaded tires. The recapping or retreading of a 
tire, whether from shoulder-to-shoulder or bead-to-bead, does not 
constitute manufacture of a taxable tire. The tax on tires imposed by 
section 4071 does not apply to the sale of a recapped or retreaded tire, 
except that a used tire or carcass not previously sold in the United 
States that is recapped or retreaded from shoulder-to-shoulder or bead-
to-bead in a foreign country and imported into the United States is 
subject to the tax imposed by section 4071 when such tire is sold or 
used by the importer. This paragraph (d) is effective for recapped

[[Page 128]]

and retreaded tires sold on or after January 1, 1984.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6005, Feb. 10, 1982, as amended by T.D. 8057, 50 FR 
41491, Oct. 11, 1985; T.D. 8152, 52 FR 31618, Aug. 21, 1987]





Sec. 48.4071-2  Determination of weight.

    (a) In general--(1) Tires. (i) Metal rims or rim bases are not to be 
included in determining the total weight of a tire. However, the wire, 
staples, darts, clips, and other material or fastening devices which 
form a part of the tire or are required for its use must be included in 
determining the total weight of the tire. Studs are considered to be 
part of a tire and are to be included when determining the weight of a 
tire. In the case of a tubeless tire, the total weight includes the 
weight of the air valve and stem or any other mechanism that functions 
as a part of the tire and is used in connection with inflating the tire 
or maintaining its air pressure.
    (ii) When tires are sold with metal rims or rim bases attached, the 
manufacturer must maintain records that will establish what portion of 
the total weight of the finished product represents the tire exclusive 
of the metal rim or rim base.
    (2) Inner tubes. The total weight of an inner tube includes the 
weight of the air valve and stem or any other mechanism attached to the 
inner tube that is used in connection with inflating the tube or 
maintaining its air pressure.
    (b) Alternative method of determining weight of tires after December 
31, 1983. A manufacturer who has received permission from the 
Commissioner may, subject to such conditions as the Commissioner may 
prescribe, determine total weight of tires manufactured and sold by the 
manufacturer on the basis of the average weight for each type, size, 
grade, and classification. The average weights must be established in 
accordance with the method approved by the Commissioner and apply for 
such periods as the Commissioner may prescribe. The Commissioner may 
terminate the approval granted any manufacturer. In the case of the 
termination of the approval granted any manufacturer, the termination 
becomes effective 10 days from the date of the receipt by the 
manufacturer of the notice of termination. A manufacturer may effect 
termination, as of a specified date, of the privilege to determine total 
weight in accordance with provisions of this paragraph by giving no less 
than 10 days written notice of such intention to the Commissioner. The 
termination of the approval given a manufacturer does not affect a 
manufacturer's tax liability for tires sold prior to the effective date 
of the notice of termination.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6005, Feb. 10, 1982, as amended by T.D. 8152, 52 FR 
31618, Aug. 21, 1987]





Sec. 48.4071-3  Imposition of tax on tires and tubes delivered to manufacturer's retail outlet.

    (a) General rule. If, on or after October 1, 1966, a tire or inner 
tube is delivered by the manufacturer thereof to a retail outlet of the 
manufacturer, the manufacturer is liable for tax in respect of the tire 
or tube at the rate set forth in section 4071 in the same manner as if 
the tire or tube had been sold at the time it was delivered to the 
retail outlet. The amount of tax payable shall be computed in accordance 
with the provisions of paragraph (b)(2) of Sec. 48.4071-1, and of 
Sec. 48.4071-2.
    (b) Definition of retail outlet. For purposes of this section, the 
term ``retail outlet'' includes the term ``retail store.'' A retail 
outlet is a facility maintained by a manufacturer for selling tires or 
tubes at retail. A facility may be a retail outlet even though some 
sales are made at wholesale at such facility; see paragraph (d)(1) of 
this section. A facility may also be considered to a retail outlet for 
the purposes of this section notwithstanding that its main activity is 
in another area than selling tires or inner tubes. For example, if a 
manufacturer operates a facility for both automotive repair and the 
selling of tires at retail, the facility is considered a retail outlet 
for the purposes of this section even if

[[Page 129]]

the primary activity of the facility is automotive repair. No facility 
is considered a retail outlet for the purposes of this section if it is 
determined that less than 15 percent of the taxable tires and inner 
tubes removed from such facility are sold at retail by such facility. 
The determination described in the preceding sentence is made on the 
basis of the experience of a representative period, of at least 12 
consecutive calendar months during the 2-year period immediately 
preceding the first day included in the return period for which tax 
under section 4071(b) is reported. If a facility has not been in 
existence during such a 12-month period, the determination is made on 
the basis of the available experience of the manufacturer. See also 
paragraph (c)(3) of this section, relating to imposition of tax where a 
retail outlet is maintained as an adjunct to a production facility or 
distribution center.
    (c) Delivery--(1) In general. A manufacturer of tires or inner tubes 
may, at its option, treat either of the following events as constituting 
delivery to a retail outlet:
    (i) Delivery of tires or inner tubes to a common carrier (or, where 
the tires or tubes are transported by the manufacturer, the placing of 
the tires or tubes into the manufacturer's over-the-road vehicle) for 
shipment from the plant in which the tires or tubes are manufactured, or 
from a regional distribution center of tires and inner tubes, to a 
retail outlet or to a location in the immediate vicinity of a retail 
outlet primarily for future delivery to the retail outlet.
    (ii) Arrival of the tires or tubes at the retail outlet, or, where 
shipment is to a location in the immediate vicinity of a retail outlet 
primarily for future delivery to the retail outlet, the arrival of the 
tires or tubes at such location.

In its excise tax return for the first return period beginning after 
September 30, 1966, a manufacturer of tires or inner tubes must elect to 
determine the date of delivery to retail outlets in accordance with one 
of the two subdivisions of this paragraph (c)(1) and must determine the 
dates of all deliveries made to all retail outlets in accordance with 
the subdivision which the manufacturer has elected to apply. The 
election may be made in a statement attached to the return for such 
period. Having elected to treat one of the events listed in subdivision 
(i) or (ii) of this paragraph (c)(1) as constituting delivery to a 
retail outlet for purposes of its return for the first return period 
after September 30, 1966, the manufacturer may not use a different 
criterion for a subsequent return period unless permission of the 
district director is obtained in advance.
    (2) Deliveries made in the immediate vicinity of a retail outlet 
primarily for future delivery to the retail outlet. (i) For purposes of 
this section, any delivery which is made in the immediate vicinity of a 
retail outlet primarily for future delivery to the retail outlet is 
deemed to be a delivery to the retail outlet. For the purpose of the 
preceding sentence, a location is considered to be in the immediate 
vicinity of a retail outlet if the distance between the location and the 
retail outlet is sufficiently small so that it is feasible to transport 
tires and inner tubes between the location and the retail outlet by 
means of dollies, fork lift trucks, pushcarts, and similar vehicles of 
the type normally used around the premises of factories and similar 
establishments, as opposed to highway motor vehicles. For the purpose of 
the preceding sentence, it is immaterial that a public thoroughfare must 
be used in order to transport tires or inner tubes to a retail outlet 
from another location. Tires and inner tubes delivered to a location in 
the immediate vicinity of a retail outlet are considered to to be 
delivered to the location ``primarily for future delivery'' to the 
retail outlet if it is determined that a majority (by number) of the 
tires and tubes removed from the location are delivered to the retail 
outlet. The determination described in the preceding sentence is made on 
the basis of the experience of a representative period of at least 12 
consecutive calendar months during the 2-year period immediately 
preceding the first day included in the return period for which tax 
under section 4071(b) is reported. If a facility has not been in 
existence during such a 12-month period, the determination is made on 
the basis of the

[[Page 130]]

available experience of the manufacturer. If it is determined that the 
majority of all tires and inner tubes removed from a given location are 
delivered to a retail outlet of the manufacturer in the immediate 
vicinity of the location, tax is imposed upon all tires and tubes 
delivered by the manufacturer to the location, even though all or part 
of the tires or tubes comprising a particular shipment to the location 
may be intended for further transportation to a location other than the 
retail outlet. If it is determined that a majority of all tires and 
inner tubes removed from a given location are not delivered to a retail 
outlet of the manufacturer in the immediate vicinity of the location, 
tax is imposed upon the removal of a tire or inner tube from the 
location to the premises of the retail outlet. See also paragraph (d)(2) 
of this section, relating to sales by the manufacturer at facilities 
other than retail outlets.
    (ii) The provisions of this paragraph (c)(2) may be illustrated by 
the following examples.

    Example. A manufacturer of tires and tubes whose plant is located in 
City X operates two facilities in City Y; Warehouse A and Store Q. Store 
Q is a retail outlet within the meaning of paragraph (b) of this 
section, and Warehouse A is in the immediate vicinity of Store Q. During 
the 12-month period ending September 30, 1966, 60 percent of the tires 
and inner tubes removed from Warehouse A were delivered to Store Q. All 
tires or inner tubes delivered by the manufacturer to Warehouse A are 
subject to a tax under section 4071(b) and this section (unless, before 
such delivery, tax was imposed on the same tires and tubes).

    (3) Retail outlet maintained as adjunct of production or 
distribution facility. If a retail outlet is maintained as an adjunct to 
and in the immediate vicinity of a facility which is not a retail outlet 
(as, for example, a production plant or a regional distribution center), 
delivery to the retail outlet is deemed to occur at the earlier of:
    (i) The date when a tire or inner tube is removed from the general 
storage facilities in the facility which is not a retail outlet for 
transfer to the premises of the retail outlet, or
    (ii) The date when a tire or inner tube is designated to be sold by 
or at the retail outlet.
    (d) Special rules--(1) Retail outlets which also sell at wholesale. 
Tax applies to all shipments of tires and inner tubes delivered to a 
retail outlet as defined in paragraph (b)(2) of this section. Thus, for 
the purposes of section 4071(b) and this section, it is immaterial that 
all or part of the tires or inner tubes of a particular delivery to a 
retail outlet are intended for sale at wholesale. See also paragraph 
(d)(3) of this section.
    (2) Sales by manufacturer at facilities other than retail outlets. 
Sales by the manufacturer of tires and inner tubes at facilities other 
than retail outlets are subject to tax under section 4071(a).
    (3) Deliveries of tires or tubes on which tax has been previously 
imposed. (i) Tax is not imposed under section 4071(b) and this section 
on any tire or inner tube in respect of which there was previously 
imposed a tax under section 4071(a). Similarly, a tire or inner tube is 
taxed only once under section 4071(b) and this section.
    (ii) The provisions of this paragraph (d)(3) may be illustrated by 
the following example:

    Example. A manufacturer has two selling facilities, Store No. 1 and 
Store No. 2. Only retail sales are made at Store No. 2, which obtains 
its merchandise from Store No. 1. Assume that, although wholesaling and 
distribution activities are conducted at Store No. 1, the sale of tires 
and tubes at retail is conducted at Store No. 1 to the extent that Store 
No. 1 is a retail outlet within the meaning of paragraph (b) of this 
section, with the result that tax is imposed on deliveries by the 
manufacturer of tires and tubes to Store No. 1. Tax is not imposed on a 
delivery of tires or inner tubes from Store No. 1 to Store No. 2.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6005, Feb. 10, 1982]





Sec. 48.4071-4  Original equipment tires on imported articles.

    The tax imposed by section 4071(a) applies with respect to tires and 
inner tubes (other than bicycle tires and inner tubes) that are original 
equipment for an imported article upon which no tax is imposed under 
section 4061 if the article is sold on or after December 11, 1971. In 
such a case, the importer of the article is treated as the

[[Page 131]]

manufacturer and vendor of the tires and inner tubes with which the 
article is equipped. However, the tax imposed by section 4071(a) is not 
imposed with respect to tires and inner tubes if the imported article is 
an automobile bus chassis or an automobile bus body. Solely for purposes 
of this section, the provisions of section 4218 (relating to use by a 
manufacturer or importer considered a sale) do not apply in cases where 
an individual imports an article having original equipment tires and 
tubes and on which article no tax is imposed under section 4061 if the 
article is imported solely for the individual's personal use and is so 
used.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6006, Feb. 10, 1982]





Sec. 48.4072-1  Definitions.

    For purposes of the regulations in this part, unless otherwise 
expressly indicated:
    (a) Rubber. The term ``rubber'' includes synthetic and substitute 
rubber.
    (b) Tread rubber. The term ``tread rubber'' means any material (1) 
which is commonly or commercially known as tread rubber or camelback, or 
(2) which is a substitute for any material commonly or commercially 
known as tread rubber or camelback and is of a type used in recapping or 
retreading tires. The term includes, for example, strips of material, 
wholly or partially of rubber, natural or synthetic, intended to be 
vulcanized or otherwise affixed to a tire casing to form the outside 
perimeter of the tire, smooth or treaded. It also includes treading 
material produced by reprocessing scrap, salvage, or junk rubber and a 
continuous rubber ribbon produced through an extrusion process for 
direct application in recapping or retreading a tire casing. The term 
does not include rubber in various forms such as strip, slab, pellet, 
etc. which is used as raw material for the extrusion process. Tread 
rubber loses its identity as such when it has been used in the recapping 
or retreading of a tire of a type used on a highway vehicle (without 
regard to the actual use ultimately made of the tire) or has 
deteriorated in quality to the point where it is no longer suitable for 
use in recapping or retreading of a tire. (In the case of such 
deterioration, see section 6416(b)(2) and Sec. 48.6416(b)-2 to secure a 
refund or credit of the tax paid.)
    (c) Tires of the type used on highway vehicles. (1) The term ``tires 
of the type used on highway vehicles'', for purposes of Secs. 48.4071-1 
through 48.4073-3 means tires of the type used on:
    (i) Motor vehicles that are highway vehicles (within the meaning of 
Sec. 48.4061(a)-1(d)), or
    (ii) Vehicles of the type used in connection with motor vehicles 
that are highway vehicles (within the meaning of Sec. 48.4061(a)-1(d)).

The term ``tires of the type used on highway vehicles'' does not include 
bicycle tires. Bicycle tires, however, are included in the term ``other 
tires'' as used in section 4071(a)(2).
    (2) For purposes of paragraph (c)(1)(i) of this section, tires of 
the type used on motor vehicles that are highway vehicles include tires 
used on motor trucks, buses, passenger automobiles, motor homes, highway 
tractors, trolley buses or coaches, and motorcycles.
    (3) For purposes of paragraph (c)(1)(ii) of this section, tires of 
the type used on vehicles of the type used in connection with motor 
vehicles that are highway vehicles include tires used on truck or bus 
trailers, truck semitrailers, mobile homes, housetrailers, or utility 
trailers.
    (d) Inner tubes. The term ``inner tubes'' includes air containers of 
all types made wholly or in part of rubber and designed and manufactured 
for use in pneumatic tires.
    (e) Tires. The term ``tires'' includes rubber casings, hoops, and 
strips or bands of all kinds designed and shaped or built to form the 
tread of or to fit a vehicle wheel. Tires of either the pneumatic or 
solid type which fit or form the tread for wheels of any article which 
is capable of use as a means of transporting a person or burden are 
taxable as tires. Examples of articles which may be equipped with 
taxable tires are motor scooters, minibikes, industrial trucks, farm 
tractors, wheelbarrows, and similar articles. See section 4073(a) and 
Sec. 48.4073-1 with respect to the exemption of tires of certain

[[Page 132]]

sizes, and section 4073(b) and Sec. 48.4073-2 with respect to the 
exemption for tires with internal wire fastening.
    (f) Laminated tires. For purposes of the tax imposed by section 
4071, the term ``laminated tires'' means tires (1) which are not ``tires 
of the type used on highway vehicles'' within the meaning of paragraph 
(c) of this section, and (2) which consist wholly of scrap rubber from 
used tire casings with an internal metal fastening agent.
    (g) Manufacturer. The term ``manufacturer'' means manufacturer, 
producer, or importer. A person who converts, by any process, a new tire 
taxable under section 4071 at one rate of tax into a tire taxable under 
section 4071 at a different rate (as for example, an off highway-type 
tire converted into a highway-type tire) is considered to be a 
manufacturer of the converted tire. If a conversion results in a reduced 
rate of tax for the converted tire, see section 6416(b)(2) and 
Sec. 48.6416(b)-2 to secure a credit or refund of part of the tax paid. 
The term ``manufactured'' includes ``produced'' and ``imported''.
    (h) Cross references. For other definitions, see Sec. 48.0-2.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6007, Feb. 10, 1982]
Sec. 48.4073  [Reserved]





Sec. 48.4073-1  Exemption of tires of certain sizes.

    The tax does not apply to sales of tires of all-rubber construction 
(whether hollow center or solid) if they have no fabric or metal 
reinforcement and do not exceed either of these measurements: (a) 20 
inches in diameter measured to the outside circumferences, and (b) 1\3/
4\ inches in cross-section. The exemption provided by section 4073(a) is 
to be determined solely on the measurements of the tire and not on the 
purpose for which it is designed or used.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6007, Feb. 10, 1982]





Sec. 48.4073-2  Exemption of tires with internal wire fastening.

    The tax does not apply to sales of tires of any size or dimension 
manufactured from extruded tiring that is fastened or held together by 
means of internal wire or other metallic material.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6007, Feb. 10, 1982]





Sec. 48.4073-3  Exemption of tread rubber used for recapping nonhighway tires.

    (a) Sold direct by manufacturer for nontaxable use. The tax does not 
apply to the sale of tread rubber by the manufacturer to any person for 
use by that person otherwise than in the recapping or retreading of 
tires of the type used on highway vehicles. In determining whether tread 
rubber is sold for a taxable or nontaxable use, the type of vehicle on 
which the recapped or retreaded tire is to be used, or the actual or 
intended use of the recapped or retreaded tire, is immaterial. The 
controlling factor is whether the tire resulting from the recapping or 
retreading is of a type that is used otherwise than on a highway 
vehicle. For definition of ``tires of the type used on highway 
vehicles'', see paragraph (c) of Sec. 48.4072-1.
    (b) Sales for resale for nontaxable use. No sale of tread rubber may 
be made tax free for resale even though it is known at the time of the 
sale that the tread rubber will be resold for use otherwise than in the 
recapping or retreading of tires of the type used on highway vehicles. 
However, where the

[[Page 133]]

tread rubber is resold for such use, the manufacturer who paid the tax 
on a sale of the tread rubber may secure a refund or credit in 
accordance with the provisions of section 6416(b)(2) and 
Sec. 48.6416(b)-2.
    (c) Evidence required to establish exemption. (1) To establish the 
right to sell tread rubber tax free under section 4073(c), the 
manufacturer must obtain from the purchaser and retain in its possession 
a properly executed exemption certificate.
    (2) Where only occasional sales of tread rubber for exempt use are 
made to a purchaser, a separate exemption certificate should be 
furnished for each order. However, where sales are regularly and 
frequently made to a purchaser for exempt use, a certificate covering 
all purchases during the period not to exceed 12 calendar quarters is 
acceptable. The certificates and proper records of invoices, orders, 
etc., relative to tax-free sales must be kept for inspection by the 
district director as provided in section 6001 and the regulations in 
Subpart Q.
    (d) Acceptable form of exemption certificate. The following form of 
exemption certificate is acceptable for the purposes of this section and 
must be adhered to in substance:

                          Exemption Certificate

    (For use by persons who purchase tread rubber from the manufacturer, 
producer, or importer thereof for use otherwise than in recapping or 
retreading tires of the type used on highway vehicles (section 4073(c) 
of the Internal Revenue Code).)

(Date) __________, 19____

    I, the undersigned, certify that I am the purchaser, or the (Title) 
______ of (Name of purchaser if other than the undersigned) __________ 
who is the purchaser of: ---- The tread rubber specified in the 
accompanying order or contract, or ---- All tread rubber specified in 
contracts or orders entered into or placed with (Name of seller) ------ 
for the period commencing ------ and ending ------ (period not to exceed 
12 calendar quarters), and that such tread rubber will not be used in 
the recapping or retreading of tires of the type used on highway 
vehicles, but will be used for the following purposes:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
    The undersigned understands that if the tread rubber is used for the 
recapping or retreading of tires of the type used on highway vehicles, 
or is sold or otherwise disposed of, such fact must be promptly reported 
to the manufacturer. The undersigned also understands that the 
fraudulent use of this certificate for the purpose of securing this 
exemption will subject the undersigned or any other party making such 
fraudulent use to a fine of not more than $10,000, or to imprisonment 
for not more than 5 years, or both, together with costs of prosecution. 
The purchaser also understands that the purchaser must be prepared to 
establish by satisfactory evidence the purpose for which the tread 
rubber was used.
(Signature)_____________________________________________________________
(Address)_______________________________________________________________

    (e) Exemption certificate not obtained prior to filing of 
manufacturer's excise tax return. If the sale is otherwise exempt but 
the exemption certificate is not obtained prior to the time the 
manufacturer files a return covering taxes due for the period during 
which the sale was made, the manufacturer must include the tax on the 
sale in its return for that period. However, if the certificate is later 
obtained, a claim for refund of the tax paid on the sale may be filed, 
or a credit for the amount may be taken upon a subsequent return, as 
provided by section 6416(b)(2) and Sec. 48.6416(b)-2.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954. (80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 
4071(c); 70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7809, 47 FR 6007, Feb. 10, 1982]





Sec. 48.4073-4  Other tax-free sales.

    (a) Cross references. For provisions relating to tax-free sales of 
articles referred to in section 4071, see:
    (1) Section 4221, relating to certain tax-free sales, and the 
regulations thereunder in Subpart H;
    (2) Section 4222, relating to registration, and the regulations 
thereunder in Subpart H;
    (3) Section 4223, relating to special rules pertaining to further 
manufacture, and the regulations thereunder in Subpart H; and
    (4) 28 FR 348, January 12, 1963, relating to the authorization of an 
exemption from the tax imposed by section 4071 by the Secretary of the 
Treasury under section 4293 for sales of certain

[[Page 134]]

tires and inner tubes sold to the American Red Cross on or after March 
1, 1963.

(Secs. 4071(b), 4071(c), 4073(c), and 7805, Internal Revenue Code of 
1954; 80 Stat. 331, 26 U.S.C. 4071(b); 68A Stat. 482, 26 U.S.C. 4071(c); 
70 Stat. 389, 26 U.S.C. 4073(c); 68A Stat. 917, 26 U.S.C. 7805)

[T.D. 7809, 47 FR 6008, Feb. 10, 1982]

                              Taxable Fuel

    Source: T.D. 8421, 57 FR 32424, July 22, 1992, unless otherwise 
noted.





Sec. 48.4081-1  Taxable fuel; definitions.

    (a) Overview. This section provides definitions for purposes of the 
tax on taxable fuel imposed by section 4081.
    (b) Definitions.
    Approved terminal or refinery means a terminal or refinery that is 
operated, respectively, by a taxable fuel registrant that is a terminal 
operator, or by a taxable fuel registrant that is a refiner.
    Blender means any person that produces blended taxable fuel.
    Bulk transfer means any transfer of taxable fuel by pipeline or 
vessel.
    Bulk transfer/terminal system means the taxable fuel distribution 
system consisting of refineries, pipelines, vessels, and terminals. 
Thus, taxable fuel in a refinery, pipeline, vessel, or terminal is in 
the bulk transfer/terminal system. Taxable fuel in the fuel supply tank 
of any engine, or in any tank car, rail car, trailer, truck, or other 
equipment suitable for ground transportation is not in the bulk 
transfer/terminal system.
    Bus means automobile bus.
    Diesel-powered boat means any waterborne vessel of any size or 
configuration that is propelled, in whole or in part, by a diesel-
powered engine.
    Diesel-powered bus means any bus that is propelled by a diesel-
powered engine.
    Diesel-powered highway vehicle means a highway vehicle, as defined 
in Sec. 48.4041-8(b), that is propelled by a diesel-powered engine.
    Diesel-powered train means any diesel-powered equipment or machinery 
that rides on rails. Thus, for example, the term includes a locomotive, 
work train, switching engine, and track maintenance machine.
    Enterer generally means the importer of record (under customs law) 
with respect to the taxable fuel. However, if the importer of record is 
acting as an agent (for example, the importer of record is a customs 
broker engaged by the owner of the taxable fuel), the person for whom 
the agent is acting is the enterer. If there is no importer of record 
for taxable fuel entered into the United States, the owner of the 
taxable fuel at the time it is brought into the United States is the 
enterer.
    Entry of taxable fuel into the United States occurs when--
    (1) The taxable fuel is brought into the United States and 
applicable customs law requires that the taxable fuel be entered into 
the United States for consumption, use, or warehousing; or
    (2) The taxable fuel is brought into the United States from Puerto 
Rico and applicable customs law would require that the taxable fuel be 
entered into the United States for consumption, use, or warehousing if 
the taxable fuel were brought into the United States from somewhere 
other than Puerto Rico.
    Finished gasoline means all products (including gasohol (as defined 
in Sec. 48.4081-6(b)(2))) that are commonly or commercially known or 
sold as gasoline and are suitable for use as a motor fuel, other than 
products that have an ASTM octane number of less than 75 as determined 
by the motor method.
    Gasoline means finished gasoline and gasoline blendstocks.
    Industrial user means any person that receives gasoline blendstocks 
by bulk transfer for its own use in the manufacture of any product other 
than finished gasoline.
    Position holder means, with respect to taxable fuel in a terminal, 
the person that holds the inventory position in the taxable fuel, as 
reflected on the records of the terminal operator. A person holds the 
inventory position in taxable fuel when that person has a contractual 
agreement with the terminal operator for the use of storage facilities 
and terminaling services at a terminal with respect to the taxable fuel. 
The term also includes a terminal operator that owns taxable fuel in its 
terminal.

[[Page 135]]

    Rack means a mechanism for delivering taxable fuel from a refinery 
or terminal into a truck, trailer, railroad car, or other means of 
nonbulk transfer.
    Refiner means any person that owns, operates, or otherwise controls 
a refinery.
    Refinery means a facility used to produce taxable fuel from crude 
oil, unfinished oils, natural gas liquids, or other hydrocarbons and 
from which taxable fuel may be removed by pipeline, by vessel, or at a 
rack. However, the term does not include a facility where only blended 
fuel or gasohol (as defined in Sec. 48.4081-6(b)(2)), and no other type 
of taxable fuel, is produced. For this purpose blended fuel is any 
mixture that, if produced outside the bulk transfer/terminal system, 
would be blended taxable fuel.
    Removal means any physical transfer of taxable fuel, and any use of 
taxable fuel other than as a material in the production of taxable fuel 
or special fuels (as defined in Sec. 48.4041-8(f)). However, taxable 
fuel is not removed when it evaporates or is otherwise lost or 
destroyed.
    Sale means--
    (1) The transfer of title to, or substantial incidents of ownership 
in, taxable fuel (other than taxable fuel in a terminal) to the buyer 
for a consideration, which may consist of money, services, or other 
property; or
    (2) The transfer of the inventory position in the taxable fuel in a 
terminal if the transferee becomes the position holder with respect to 
the taxable fuel.
    State includes any State, any political subdivision of a State, the 
District of Columbia, the American Red Cross, and, subject to the 
limitations of section 7871, any Indian tribal government.
    Taxable fuel means gasoline and diesel fuel.
    Taxable fuel registrant means an enterer, industrial user, refiner, 
terminal operator, or throughputter that is registered under section 
4101.
    Terminal means a taxable fuel storage and distribution facility that 
is supplied by pipeline or vessel, and from which taxable fuel may be 
removed at a rack. However, the term does not include any facility at 
which gasoline blendstocks are used in the manufacture of products other 
than finished gasoline and from which no gasoline is removed.
    Terminal operator means any person that owns, operates, or otherwise 
controls a terminal.
    Throughputter means any person that--
    (1) Owns taxable fuel within the bulk transfer/terminal system 
(other than in a terminal); or
    (2) Is a position holder.
    Vessel means a waterborne taxable fuel transporting vessel.
    (c) Blended taxable fuel, diesel fuel, and gasoline blendstocks; 
definitions--(1) Blended taxable fuel--(i) In general. Except as 
provided in paragraphs (c)(1)(ii) and (c)(iii) of this section, blended 
taxable fuel means any mixture that is produced outside the bulk 
transfer/terminal system and that consists of--
    (A) Taxable fuel with respect to which tax has been imposed under 
section 4041(a)(1) or 4081(a); and
    (B) Any other liquid on which tax has not been imposed under section 
4081.
    (ii) Exclusion; minor blending. A mixture described in paragraph 
(c)(1)(i) of this section is not blended taxable fuel if, during the 
calendar quarter in which the blender removes or sells the mixture, all 
such mixtures removed or sold by the blender contain, in the aggregate, 
less than 400 gallons of liquid described in paragraph (c)(1)(i)(B) of 
this section.
    (iii) Exclusion; gasohol. Blended taxable fuel does not include any 
gasohol (as defined in Sec. 48.4081-6(b)(2)) if, disregarding the 
alcohol, the gasohol is not blended taxable fuel and contains, in 
addition to permitted amounts of liquids described in paragraph 
(c)(1)(i)(B) of this section, only gasoline with respect to which--
    (A) Tax was imposed under section 4081(a) at a rate described in 
Sec. 48.4081-6(e) (relating to the gasohol production tax rate and the 
gasohol tax rate); or
    (B) A valid claim is made under section 6427(f).
    (2) Diesel fuel. (i) Effective April 1, 1996, diesel fuel means any 
liquid (other than gasoline) that, without further processing or 
blending, is suitable for use as a fuel in a diesel-powered highway 
vehicle, diesel-powered train, or

[[Page 136]]

diesel-powered boat. However, diesel fuel does not include kerosene, No. 
5 and No. 6 fuel oils (as described in ASTM Specification D 396, which 
may be obtained from the American Society for Testing and Materials, 100 
Barr Harbor Drive, West Conshohocken, PA 19428), or F-76 (Fuel Naval 
Distillate MIL-F-16884, which may be obtained from Standardization 
Document Order Desk, Building 4, Section D, 700 Robbins Avenue, 
Philadelphia, PA 19111).
    (ii) Before April 1, 1996, diesel fuel means any liquid (other than 
kerosene) that is commonly or commercially known or sold as a fuel that 
is suitable for use in a diesel-powered highway vehicle, diesel-powered 
train, or diesel-powered boat. A liquid meets this requirement if, 
without further processing or blending, the liquid has practical and 
commercial fitness for use in the propulsion engine of the highway 
vehicle, train, or boat. A liquid may possess this practical and 
commercial fitness even though the specified use is not the liquid's 
predominant use. However, a liquid does not possess this practical and 
commercial fitness solely by reason of its possible or rare use as a 
fuel in the propulsion engine of a highway vehicle, train, or boat.
    (iii) Cross reference. For the tax on blended taxable fuel, see 
Sec. 48.4081-3(g). For the back-up tax on certain uses of liquids other 
than diesel fuel, see Sec. 48.4082-4.
    (3) Gasoline blendstocks--(i) In general. Except as provided in 
paragraph (c)(3)(ii) of this section, gasoline blendstocks means--
    (A) Alkylate;
    (B) Butane;
    (C) Butene;
    (D) Catalytically cracked gasoline;
    (E) Coker gasoline;
    (F) Ethyl tertiary butyl ether (ETBE);
    (G) Hexane;
    (H) Hydrocrackate;
    (I) Isomerate;
    (J) Methyl tertiary butyl ether (MTBE);
    (K) Mixed xylene (not including any separated isomer of xylene);
    (L) Natural gasoline;
    (M) Pentane;
    (N) Pentane mixture;
    (O) Polymer gasoline;
    (P) Raffinate;
    (Q) Reformate;
    (R) Straight-run gasoline;
    (S) Straight-run naphtha;
    (T) Tertiary amyl methyl ether (TAME);
    (U) Tertiary butyl alcohol (gasoline grade) (TBA);
    (V) Thermally cracked gasoline;
    (W) Toluene; and
    (X) Transmix containing gasoline.

    (ii) Exclusion. Gasoline blendstocks does not include any product 
that cannot, without further processing, be used in the production of 
finished gasoline. For example, a mixed hydrocarbon stream that is 
produced in a natural gas processing plant is not a gasoline blendstock 
if the stream cannot be used to produce finished gasoline without 
further processing.
    (d) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10453, Mar. 14, 1996]





Sec. 48.4081-2  Taxable fuel; tax on removal at a terminal rack.

    (a) Overview. This section provides the general rule that all 
removals of taxable fuel at a terminal rack are subject to tax and the 
position holder with respect to the fuel is liable for the tax.
    (b) Imposition of tax. Except as provided in Sec. 48.4081-4 
(relating to gasoline blendstocks) and Sec. 48.4082-1 (relating to dyed 
diesel fuel), tax is imposed on the removal of taxable fuel from a 
terminal if the taxable fuel is removed at the rack.
    (c) Liability for tax--(1) In general. The position holder with 
respect to the taxable fuel is liable for the tax imposed under 
paragraph (b) of this section.
    (2) Joint and several liability of terminal operator; unregistered 
position holder--(i) In general. The terminal operator is jointly and 
severally liable for the tax imposed under paragraph (b) of this section 
if--
    (A) The position holder with respect to the taxable fuel is a person 
other than the terminal operator and is not a taxable fuel registrant; 
and
    (B) The terminal operator has not met the conditions of paragraph 
(c)(2)(ii) of this section.
    (ii) Conditions for avoidance of liability. A terminal operator is 
not liable for tax under this paragraph (c)(2) if, at

[[Page 137]]

the time of the removal, the terminal operator--
    (A) Is a taxable fuel registrant;
    (B) Has an unexpired notification certificate (as described in 
Sec. 48.4081-5) from the position holder; and
    (C) Has no reason to believe that any information in the 
notification certificate is false.
    (3) Joint and several liability of terminal operator; incorrect 
information provided. The terminal operator is jointly and severally 
liable for the tax imposed under paragraph (b) of this section if, in 
connection with the removal of diesel fuel that is not dyed and marked 
in accordance with Sec. 48.4082-1, the terminal operator provides any 
person (including the position holder with respect to the fuel) with any 
bill of lading, shipping paper, record, or similar document indicating 
that the diesel fuel is dyed and marked in accordance with Sec. 48.4082-
1.
    (4) Example. The following example illustrates this paragraph (c) 
and Sec. 48.4082-1:

    Example. (i) TO is a terminal operator and PH is the position holder 
with respect to, and owner of, 8,000 gallons of diesel fuel stored in 
TO's terminal. TO and PH are taxable fuel registrants. When the fuel is 
removed from the terminal at the rack, the fuel is not dyed and marked 
in accordance with Sec. 48.4082-1, and TO does not provide any person 
with any paperwork indicating that the fuel is dyed and marked. After 
the removal from the terminal, PH sells the fuel to individuals for use 
as heating oil, a nontaxable use.
    (ii) Because PH is the position holder of the fuel at the time of 
the removal from the terminal, PH is liable for the tax imposed by 
section 4081. The removal is subject to tax because the fuel is not dyed 
and marked in accordance with Sec. 48.4082-1, and later use of the fuel 
in a nontaxable use does not make the removal from the terminal exempt 
from tax.
    (iii) Because PH is a taxable fuel registrant and TO did not provide 
any person with any paperwork indicating that the fuel is dyed and 
marked, TO is not jointly and severally liable for tax under paragraph 
(c) (2) or (3) of this section.

    (d) Rate of tax. For the rate of tax generally, see section 4081(a). 
For the rate of tax on gasohol and on gasoline removed for gasohol 
production, see Sec. 48.4081-6.
    (e) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10455, Mar. 14, 1996]





Sec. 48.4081-3  Taxable fuel; taxable events other than removal at the terminal rack.

    (a) Overview. Although tax is imposed when taxable fuel is removed 
from the terminal at the rack, tax also is imposed in certain other 
situations described in this section. For the back-up tax on the use of 
dyed diesel fuel, see Sec. 48.4082-4.
    (b) Tax on removal from a refinery--(1) Imposition of tax. Except as 
provided in paragraph (b)(2) of this section (relating to an exemption 
for certain refineries), Sec. 48.4081-4 (relating to gasoline 
blendstocks), and Sec. 48.4082-1 (relating to dyed diesel fuel), tax is 
imposed on the following removals from a refinery:
    (i) A removal by bulk transfer if the refiner or the owner of the 
taxable fuel immediately before the removal is not a taxable fuel 
registrant.
    (ii) A removal at the rack.
    (iii) After September 30, 1995, a removal of a batch of gasohol from 
an approved refinery by bulk transfer if the refiner treats itself with 
respect to the removal as a person that is not registered under section 
4101. See Sec. 48.4101-1(a). For the rule providing that no deposit is 
required in the case of the tax imposed under this paragraph 
(b)(1)(iii), see Sec. 40.6302(c)-1(e)(4) of this chapter. For the rule 
allowing inspections of facilities where gasohol is produced, see 
section 4083.
    (2) Exception for certain refineries. The tax imposed under 
paragraph (b)(1)(ii) of this section does not apply to a removal of 
taxable fuel if--
    (i) The taxable fuel is removed from an approved refinery that is 
not served by pipeline (other than a pipeline for the receipt of crude 
oil) or vessel;
    (ii) The taxable fuel is received at a facility that is operated by 
a taxable fuel registrant and is located within the bulk transfer/
terminal system;
    (iii) The removal from the refinery is by--
    (A) Rail car; or
    (B) In the case of diesel fuel, a trailer or semi-trailer that is 
used exclusively for the transport service described in

[[Page 138]]

paragraphs (b)(2)(i) and (b)(2)(ii) of this section;
    (iv) In the case of taxable fuel removed by rail car, the facility 
at which the fuel is received is operated by the same person that 
operates the refinery from which the fuel was removed; and
    (v) In the case of diesel fuel removed by a trailer or semi-trailer, 
the facility at which the fuel is received is less than 20 miles from 
the refinery from which the diesel fuel was removed.
    (3) Liability for tax. The refiner is liable for the tax imposed 
under paragraph (b)(1) of this section.
    (c) Tax on entry into the United States--(1)Imposition of tax. 
Except as provided in Sec. 48.4081-4 (relating to gasoline blendstocks) 
and Sec. 48.4082-1 (relating to dyed diesel fuel), a tax is imposed on 
the entry of taxable fuel into the United States if--
    (i) The entry is by bulk transfer and the enterer is not a taxable 
fuel registrant; or
    (ii) The entry is not by bulk transfer.
    (2) Liability for tax. The enterer is liable for the tax imposed 
under paragraph (c)(1) of this section.
    (d) Tax on bulk transfers from a terminal by an unregistered 
position holder--(1) Imposition of tax. A tax is imposed on the removal 
by bulk transfer of taxable fuel from a terminal if the position holder 
with respect to the taxable fuel is not a taxable fuel registrant.
    (2) Liability for tax--(i) In general. The position holder with 
respect to the taxable fuel is liable for the tax imposed under 
paragraph (d)(1) of this section.
    (ii) Joint and several liability of terminal operator. The terminal 
operator is jointly and severally liable for the tax imposed under 
paragraph (d)(1) of this section if--
    (A) The position holder with respect to the taxable fuel is a person 
other than the terminal operator; and
    (B) The terminal operator has not met the conditions of paragraph 
(d)(2)(iii) of this section.
    (iii) Conditions for avoidance of liability. A terminal operator is 
not liable for tax under this paragraph (d)(2) if, at the time of the 
bulk transfer, the terminal operator--
    (A) Is a taxable fuel registrant;
    (B) Has an unexpired notification certificate (described in 
Sec. 48.4081-5) from the position holder; and
    (C) Has no reason to believe that any information in the 
notification certificate is false.
    (e) Tax on bulk transfers not received at an approved terminal or 
refinery--(1) Imposition of tax. Except as provided in Sec. 48.4081-4 
(relating to gasoline blendstocks) and Sec. 48.4082-1 (relating to dyed 
diesel fuel), a tax on taxable fuel is imposed if--
    (i) Taxable fuel is removed by bulk transfer from a refinery or 
terminal, or entered by bulk transfer into the United States;
    (ii) No tax was imposed on such removal or entry under paragraph 
(b), (c), or (d) of this section; and
    (iii) Upon removal from the pipeline or vessel, the taxable fuel is 
not received at an approved terminal or refinery (or at another pipeline 
or vessel).
    (2) Liability for tax--(i) In general. The owner of the taxable fuel 
when it is removed from the pipeline or vessel is liable for the tax 
imposed under paragraph (e)(1) of this section if the owner has not met 
the conditions of paragraph (e)(2)(ii) of this section.
    (ii) Conditions for avoidance of liability. An owner of taxable fuel 
is not liable for tax under paragraph (e)(2)(i) of this section if, at 
the time the taxable fuel is removed from the pipeline or vessel, the 
owner of the taxable fuel--
    (A) Is a taxable fuel registrant;
    (B) Has an unexpired notification certificate (described in 
Sec. 48.4081-5) from the operator of the terminal or refinery where the 
taxable fuel is received; and
    (C) Has no reason to believe that any information in the 
notification certificate is false.
    (iii) Liability of the operator of the facility where the taxable 
fuel is received. The operator of the facility where the taxable fuel is 
received is liable for the tax imposed under paragraph (e)(1) of this 
section if the owner of the taxable fuel has met the conditions of 
paragraph (e)(2)(ii) of this section and is jointly and severally liable 
for the tax if the owner has not met such conditions.
    (f) Tax on sales within the bulk transfer/terminal system--(1) 
Imposition of tax.

[[Page 139]]

Except as provided in paragraph (f)(2) of this section and Sec. 48.4082-
1 (relating to dyed diesel fuel), a tax is imposed on the sale of 
taxable fuel located within the bulk transfer/terminal system if the 
sale is to a person that is not a taxable fuel registrant and tax has 
not been imposed on such taxable fuel under Sec. 48.4081-2, or paragraph 
(b), (c), (d), or (e) of this section.
    (2) Exception for certain sales of taxable fuel for export. The tax 
imposed under paragraph (f)(1) of this section does not apply to a sale 
of taxable fuel if--
    (i) The buyer's principal place of business is not within the United 
States;
    (ii) The sale of the fuel occurs as the fuel is delivered into a 
transport vessel;
    (iii) The vessel has a capacity of at least 20,000 barrels of fuel;
    (iv) The seller is a taxable fuel registrant and the exporter of 
record of the fuel; and
    (v) The fuel was exported in due course.
    (3) Liability for tax--(i) In general. The seller of the taxable 
fuel is liable for the tax imposed under paragraph (f)(1) of this 
section if the seller has not met the conditions of paragraph (f)(3)(ii) 
of this section.
    (ii) Conditions for avoidance of liability. A seller is not liable 
for tax under paragraph (f)(3)(i) of this section if, at the time of the 
sale, the seller--
    (A) Is a taxable fuel registrant;
    (B) Has an unexpired notification certificate (described in 
Sec. 48.4081-5) from the buyer; and
    (C) Has no reason to believe that any information in the certificate 
is false.
    (iii) Liability of the buyer. The buyer of the taxable fuel is 
liable for the tax imposed under paragraph (f)(1) of this section if the 
seller of the taxable fuel has met the conditions of paragraph 
(f)(3)(ii) of this section and is jointly and severally liable for the 
tax if the seller has not met such conditions.
    (4) Example. The following example illustrates this paragraph (f) 
and the definition of the term sale in Sec. 48.4081-1:

    Example. PH owns one million gallons of untaxed gasoline that is 
stored in TO's terminal. PH also is the position holder with respect to 
the gasoline. While the gasoline remains stored in the terminal, PH 
transfers title to 200,000 gallons of the gasoline to A, a person that 
is not a taxable fuel registrant. PH continues to hold the inventory 
position on TO's records with respect to the one million gallons. 
Because PH continues as the position holder with respect to the 
gasoline, the transfer of title to the gasoline from PH to A is not a 
sale of gasoline. Because this transfer of title from PH to A is not a 
sale of gasoline, the tax imposed under paragraph (f) of this section 
does not apply to the transfer.

    (g) Tax on removal or sale of blended taxable fuel by the blender--
(1) Imposition of tax. A tax is imposed on the removal or sale of 
blended taxable fuel by the blender thereof. Tax is computed on the 
difference between the total number of gallons of blended taxable fuel 
removed or sold and the number of gallons of previously taxed taxable 
fuel used to produce the blended taxable fuel. For this purpose, the 
alcohol in gasohol is treated as previously taxed taxable fuel.
    (2) Liability for tax. The blender is liable for the tax imposed 
under paragraph (g)(1) of this section.
    (3) Example. The following example illustrates the provisions of 
this paragraph (g) and the definition of the term blended taxable fuel 
in Sec. 48.4081-1(c):

    Example. (i) X, a gasoline wholesale distributor, buys 9,500 gallons 
of gasoline at a terminal rack. The gasoline is delivered into a tank 
trailer. The position holder is liable for tax under Sec. 48.4081-2 when 
the gasoline is removed at the rack. X then goes to another location 
where 500 gallons of alcohol (a substance not subject to tax under 
section 4081) are delivered into the tank trailer already containing the 
9,500 gallons of gasoline. The gasoline and alcohol are splash blended 
as X drives to X's retail service station where X pumps the blended 
gasoline into a storage tank for sale to consumers.
    (ii) X is a blender within the meaning of Sec. 48.4081-1 because X 
has produced blended taxable fuel, as defined in Sec. 48.4081-1, by 
mixing the 9,500 gallons of gasoline on which tax has been imposed under 
Sec. 48.4081-2(b) with 500 gallons of alcohol, a substance not subject 
to tax under section 4081. The 10,000 gallon mixture is not gasohol 
because it does not satisfy the alcohol-content requirement described in 
Sec. 48.4081-6(b)(2). X, the blender, is liable for the tax imposed 
under this paragraph (g) on the blended gasoline. The tax is imposed 
when the blended gasoline is removed from the tank trailer at the retail 
station. Tax on the blended mixture is computed on 500 gallons, the 
number of gallons not previously subject to tax under section 4081.


[[Page 140]]


    (h) Rate of tax. For the rate of tax generally imposed under this 
section, see section 4081(a). For the rate of tax on gasohol and on 
gasoline removed or entered for gasohol production, see Sec. 48.4081-6.
    (i) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10455, Mar. 14, 1996]





Sec. 48.4081-4  Gasoline; special rules for gasoline blendstocks.

    (a) Overview. This section provides rules exempting from tax certain 
removals, entries, and sales of gasoline blendstocks. Generally, under 
prescribed conditions, tax is not imposed on gasoline blendstocks that 
are not used to produce finished gasoline or that are received at an 
approved terminal or refinery.
    (b) Nonbulk removals and entries of gasoline blendstocks not used to 
produce gasoline--(1) Removals and entries not in connection with sales. 
Tax is not imposed under Sec. 48.4081-2(b), Sec. 48.4081-3(b)(1)(ii), or 
Sec. 48.4081-3(c)(1)(ii) on the removal or entry of gasoline blendstocks 
not in connection with a sale if--
    (i) The person otherwise liable for tax under Sec. 48.4081-2(c)(1) 
(the position holder), Sec. 48.4081-3(b)(3) (the refiner), or 
Sec. 48.4081-3(c)(2) (the enterer) is a taxable fuel registrant; and
    (ii) Such person does not use the gasoline blendstocks to produce 
finished gasoline.
    (2) Removals and entries in connection with sales. Tax is not 
imposed under Sec. 48.4081-2(b), Sec. 48.4081-3(b)(1)(ii), or 
Sec. 48.4081-3(c)(1)(ii) on the removal or entry of gasoline blendstocks 
in connection with a sale if--
    (i) The person otherwise liable for tax under Sec. 48.4081-2(c)(1) 
(the position holder), Sec. 48.4081-3(b)(3) (the refiner), or 
Sec. 48.4081-3(c)(2) (the enterer) is a taxable fuel registrant; and
    (ii) At the time of the sale, such person has an unexpired 
certificate (described in paragraph (e) of this section) from the buyer 
and has no reason to believe any information in the certificate is 
false.
    (3) Tax on sales after certain nonbulk removals or entries--(i) In 
general. If paragraph (b) (1) or (2) of this section applies to the 
removal or entry of gasoline blendstocks, tax is imposed on any sale of 
such blendstocks unless, at the time of the sale, the seller--
    (A) Has an unexpired certificate (described in paragraph (e) of this 
section) from its buyer; and
    (B) Has no reason to believe any information in the certificate is 
false.
    (ii) Liability for tax. The seller is liable for the tax imposed 
under this paragraph (b)(3).
    (iii) Rate of tax. For the rate of tax, see section 4081.
    (c) Nonbulk removals and entries of gasoline blendstocks received at 
an approved terminal or refinery. Tax is not imposed under Sec. 48.4081-
2(b), Sec. 48.4081-3(b)(1)(ii), or Sec. 48.4081-3(c)(1)(ii) on the 
removal or entry of gasoline blendstocks that are received at a terminal 
or refinery if the person otherwise liable for tax under Sec. 48.4081-
2(c)(1) (the position holder), Sec. 48.4081-3(b)(3) (the refiner), or 
Sec. 48.4081-3(c)(2) (the enterer)--
    (1) Is a taxable fuel registrant;
    (2) Has an unexpired notification certificate (described in 
Sec. 48.4081-5) from the operator of the terminal or refinery where the 
gasoline blendstocks are received; and
    (3) Has no reason to believe that any information in the certificate 
is false.
    (d) Bulk transfer to a registered industrial user. Tax is not 
imposed under Sec. 48.4081-3(e)(1) if, upon the removal of gasoline 
blendstocks from a pipeline or vessel, the gasoline blendstocks are 
received by a taxable fuel registrant that is an industrial user.
    (e) Certificate--(1) In general. The certificate to be provided by a 
buyer of gasoline blendstocks consists of a statement that is signed 
under penalties of perjury by a person with authority to bind the buyer, 
is in substantially the same form as the model certificate provided in 
paragraph (e)(3) of this section, and contains all information necessary 
to complete such model certificate. A new certificate must be given if 
any information in the current certificate changes. The certificate may 
be included as part of any business records normally used to document a 
sale. The certificate expires on the earliest of the following dates:
    (i) The date one year after the effective date of the certificate 
(which may be no earlier than the date it is signed).

[[Page 141]]

    (ii) The date a new certificate is provided to the seller.
    (iii) The date the seller is notified by the Internal Revenue 
Service or the buyer that the buyer's right to provide a certificate has 
been withdrawn.
    (2) Withdrawal of right to provide certificate. The Internal Revenue 
Service may withdraw the right of a buyer of gasoline blendstocks to 
provide a certificate under this paragraph (e) if such buyer uses 
gasoline blendstocks to which a certificate applies in the production of 
finished gasoline or resells the gasoline blendstocks without obtaining 
a certificate from its buyer. The Internal Revenue Service may notify 
any seller to whom the buyer has provided a certificate that the buyer's 
right to provide a certificate has been withdrawn.
    (3) Model certificate.

Certificate of Person Buying Gasoline Blendstocks for use Other Than in 
                   the Production of Finished Gasoline

(To support tax-free sales under section 4081 of the Internal Revenue 
Code)
_______________________________________________________________________
_______________________________________________________________________
    Name, address, and employer identification number of seller
    The undersigned buyer (``Buyer'') hereby certifies the following 
under penalties of perjury:
    The gasoline blendstocks to which this certificate relates will not 
be used to produce finished gasoline.
    This certificate applies to the following (complete as applicable):
    If this is a single purchase certificate, check here ______ and 
enter:
    1. Invoice or delivery ticket number ______
    2. ______ (number of gallons) of ______ (type of gasoline 
blendstocks)
    If this is a certificate covering all purchases under a specified 
account or order number, check here ______ and enter:
    1. Effective date ______
    2. Expiration date ______

(period not to exceed 1 year after the effective date)
    3. Type (or types) of gasoline blendstocks ______
    4. Buyer account or order number ______
    Buyer will not claim a credit or refund under section 6427(h) of the 
Internal Revenue Code for any gasoline blendstocks covered by this 
certificate.
    Buyer will provide a new certificate to the seller if any 
information in this certificate changes.
    If Buyer resells the gasoline blendstocks to which this certificate 
relates, Buyer will be liable for tax unless Buyer obtains a certificate 
from the purchaser stating that the gasoline blendstocks will not be 
used to produce finished gasoline and otherwise complies with the 
conditions of Sec. 48.4081-4(b)(3) of the Manufacturers and Retailers 
Excise Tax Regulations.
    Buyer understands that if Buyer violates the terms of this 
certificate, the Internal Revenue Service may withdraw Buyer's right to 
provide a certificate.
    Buyer has not been notified by the Internal Revenue Service that its 
right to provide a certificate has been withdrawn. In addition, the 
Internal Revenue Service has not notified Buyer that the right to 
provide a certificate has been withdrawn from a purchaser to which Buyer 
sells gasoline blendstocks tax free.
    Buyer understands that the fraudulent use of this certificate may 
subject Buyer and all parties making such fraudulent use of this 
certificate to a fine or imprisonment, or both, together with the costs 
of prosecution.
_______________________________________________________________________
    Signature and date signed
_______________________________________________________________________
    Printed or typed name of person signing
_______________________________________________________________________
    Title of person signing
_______________________________________________________________________
    Name of Buyer
_______________________________________________________________________
    Employer identification number
_______________________________________________________________________
    Address of Buyer

    (f) Effective date. This section is effective January 1, 1994.

[T.D. 8421, 57 FR 32424, July 22, 1992; 57 FR 39421, Aug. 31, 1992, as 
amended by T.D. 8659, 61 FR 10457, Mar. 14, 1996]





Sec. 48.4081-5  Taxable fuel; notification certificate of taxable fuel registrant.

    (a) Overview. This section sets forth requirements for the 
notification certificate used under Secs. 48.4081-2(c)(3), 48.4081-
3(d)(2)(iii), 48.4081-3(e)(2)(iii), 48.4081-3(f)(2)(ii), and 48.4081-
4(c) to notify another person of the taxable fuel registrant's 
registration status.
    (b) Certificate.--(1) In general. The certificate to be provided by 
a taxable fuel registrant consists of a statement that is signed under 
penalties of perjury by a person with authority to bind the registrant, 
is in substantially the same form as the model provided in paragraph 
(b)(2) of this section, and contains all information necessary to 
complete such model. A new certificate must be given if any information 
in the

[[Page 142]]

most recently provided certificate changes. The certificate may be 
included as part of any business records normally used to document a 
sale. The certificate expires on the earlier of the following dates:
    (i) The date the registrant provides a new certificate.
    (ii) The date the recipient of the certificate is notified by either 
the Internal Revenue Service or the registrant that the registrant's 
registration has been revoked or suspended.
    (2) Model certificate.

           Notification Certificate of Taxable Fuel Registrant

_______________________________________________________________________
_______________________________________________________________________
    Name, address, and employer identification number of person 
receiving certificate
    The undersigned gasoline registrant (``Registrant'') hereby 
certifies under penalties of perjury that Registrant is registered by 
the Internal Revenue Service with registration number ______ and that 
Registrant's registration has not been revoked or suspended by the 
Internal Revenue Service.
    Registrant understands that the fraudulent use of this certificate 
may subject Registrant and all parties making such fraudulent use of 
this certificate to a fine or imprisonment, or both, together with the 
cost of prosecution.
_______________________________________________________________________
Signature and date signed
_______________________________________________________________________
Printed or typed name of person signing
_______________________________________________________________________
Title of person signing
_______________________________________________________________________
Name of registrant
_______________________________________________________________________
Employer identification number
_______________________________________________________________________
Address of registrant

    (3) Use of Form 637 or letter of registration as a notification 
certificate prohibited. A copy of the certificate of registry (Form 637) 
or letter of registration issued to a registrant by the Internal Revenue 
Service is not a notification certificate described in paragraph (b)(2) 
of this section.
    (c) Effective date. This section is effective January 1, 1994.

[T.D. 8421, 57 FR 32424, July 22, 1992; 57 FR 39422, Aug. 31, 1992, as 
amended by T.D. 8659, 61 FR 10457, Mar. 14, 1996]





Sec. 48.4081-6  Gasoline; gasohol.

    (a) Overview. This section provides rules for determining the 
applicability of reduced rates of tax on a removal or entry of gasohol 
or of gasoline used to produce gasohol. Rules are also provided for the 
imposition of tax on the separation of gasoline from gasohol and the 
failure to use gasoline that has been taxed at a reduced rate to produce 
gasohol.
    (b) Explanation of terms--(1) Alcohol--(i) In general; source of the 
alcohol. Except as provided in paragraph (b)(1)(ii) of this section, 
alcohol means any alcohol that is not a derivative product of petroleum, 
natural gas, or coal (including peat). Thus, the term includes methanol 
and ethanol that are not derived from petroleum, natural gas, or coal 
(including peat). The term also includes alcohol produced either within 
or outside the United States.
    (ii) Proof and denaturants. Alcohol does not include alcohol with a 
proof of less than 190 degrees (determined without regard to added 
denaturants). If the alcohol added to a fuel/alcohol mixture (the added 
alcohol) includes impurities or denaturants, the volume of alcohol in 
the mixture is determined under the following rules:
    (A) The volume of alcohol in the mixture includes the volume of any 
impurities (other than added denaturants and any fuel with which the 
alcohol is mixed) that reduce the purity of the added alcohol to not 
less than 190 proof (determined without regard to added denaturants).
    (B) The volume of alcohol in the mixture includes the volume of any 
approved denaturants that reduce the purity of the added alcohol, but 
only to the extent that the volume of the approved denaturants does not 
exceed five percent of the volume of the added alcohol (including the 
approved denaturants). If the volume of the approved denaturants exceeds 
five percent of the volume of the added alcohol, the excess over five 
percent is considered part of the nonalcohol content of the mixture.
    (C) For purposes of this paragraph (b)(1)(ii), approved denaturants 
are any denaturants (including gasoline and nonalcohol fuel denaturants) 
that reduce the purity of the added alcohol

[[Page 143]]

and are added to such alcohol under a formula approved by the Secretary.
    (iii) Products derived from alcohol. If alcohol described in 
paragraphs (b)(1)(i) and (ii) of this section has been chemically 
transformed in producing another product (that is, the alcohol is no 
longer present as a separate chemical in the other product) and there is 
no significant loss in the energy content of the alcohol, any mixture 
containing the product includes the volume of alcohol used to produce 
the product. Thus, for example, a mixture of gasoline and ethyl tertiary 
butyl ether (ETBE), or of gasoline and methyl tertiary butyl ether 
(MTBE), includes any alcohol described in paragraphs (b)(1)(i) and (ii) 
of this section that is used to produce the ETBE or MTBE, respectively, 
in a chemical reaction in which there is no significant loss in the 
energy content of the alcohol.
    (2) Gasohol--(i) In general--(A) Gasohol is a mixture of gasoline 
and alcohol that is 10 percent gasohol, 7.7 percent gasohol, or 5.7 
percent gasohol. The determination of whether a particular mixture is 10 
percent gasohol, 7.7 percent gasohol, or 5.7 percent gasohol is made on 
a batch-by-batch basis. A batch of gasohol is a discrete mixture of 
gasoline and alcohol.
    (B) If a particular mixture is produced within the bulk transfer/
terminal system (for example, at a refinery), the determination of 
whether the mixture is gasohol is made at the time of the taxable 
removal or entry of the mixture.
    (C) If a particular mixture is produced outside of the bulk 
transfer/terminal system (for example, by splash blending after the 
gasoline has been removed from the terminal at the rack), the 
determination of whether the mixture is gasohol is made immediately 
after the mixture is produced. In such a case, the contents of the batch 
typically correspond to a gasoline meter delivery ticket and an alcohol 
meter delivery ticket, each of which shows the number of gallons of 
liquid delivered into the mixture. The volume of each component in a 
batch (without adjustment for temperature) ordinarily is determined by 
the number of metered gallons shown on the delivery tickets for the 
gasoline and alcohol delivered. However, if metered gallons of gasoline 
and alcohol are added to a tank already containing more than a minor 
amount of liquid, the determination of whether a batch satisfies the 
alcohol-content requirement will be made by taking into account the 
amount of alcohol and non-alcohol fuel contained in the liquid already 
in the tank. Ordinarily, any amount in excess of 0.5 percent of the 
capacity of the tank will not be considered minor.
    (ii) 10 percent gasohol--(A) In general. A batch of gasoline/alcohol 
mixture is 10 percent gasohol if it contains at least 9.8 percent 
alcohol by volume, without rounding.
    (B) Batches containing less than 10 percent but at least 9.8 percent 
alcohol. If a batch of mixture contains less than 10 percent alcohol but 
at least 9.8 percent alcohol, without rounding, only a portion of the 
batch is considered to be 10 percent gasohol. That portion equals the 
number of gallons of alcohol in the batch multiplied by 10. Any 
remaining liquid in the mixture is excess liquid.
    (iii) 7.7 percent gasohol--(A) In general. A batch of gasoline/
alcohol mixture is 7.7 percent gasohol if it contains less than 9.8 
percent alcohol but at least 7.55 percent alcohol by volume, without 
rounding.
    (B) Batches containing less than 7.7 percent but at least 7.55 
percent alcohol. If a batch of mixture contains less than 7.7 percent 
alcohol but at least 7.55 percent alcohol, without rounding, only a 
portion of the batch is considered to be 7.7 percent gasohol. That 
portion equals the number of gallons of alcohol in the batch multiplied 
by 12.987. Any remaining liquid in the mixture is excess liquid.
    (iv) 5.7 percent gasohol--(A) In general. A batch of gasoline/
alcohol mixture is 5.7 percent gasohol if it contains less than 7.55 
percent alcohol but at least 5.59 percent alcohol by volume, without 
rounding.
    (B) Batches containing less than 5.7 percent but at least 5.59 
percent alcohol. If a batch of mixture contains less than 5.7 percent 
alcohol but at least 5.59 percent alcohol, without rounding, only a 
portion of the batch is considered to be 5.7 percent gasohol. That 
portion equals the number of gallons of alcohol in the batch multiplied 
by 17.544. Any

[[Page 144]]

remaining liquid in the mixture is excess liquid.
    (v) Tax on excess liquid. If tax was imposed on the excess liquid in 
any gasohol at the gasohol production tax rate (as defined in paragraph 
(e)(1) of this section), the excess liquid in the batch is considered to 
be gasoline with respect to which there is a failure to blend into 
gasohol for purposes of paragraph (f) of this section. If tax was 
imposed on the excess liquid at the rate of tax described in section 
4081(a), a credit or refund under section 6427(f) is not allowed with 
respect to the excess liquid.
    (vi) Examples. The following examples illustrate this paragraph 
(b)(2). In these examples, a gasohol blender creates a gasoline/alcohol 
mixture by pumping a specified amount of gasoline into an empty tank and 
then adding a specified amount of alcohol.

    Example 1. Mixtures containing exactly 10 percent alcohol. The 
applicable delivery tickets show that the mixture is made with 7200 
metered gallons of gasoline and 800 metered gallons of alcohol. 
Accordingly, the mixture contains 10 percent alcohol (as determined 
based on the delivery tickets provided to the blender) and qualifies as 
10 percent gasohol.
    Example 2. Mixtures containing less than 10 percent alcohol but at 
least 9.8 percent alcohol. The applicable delivery tickets show that the 
mixture is made with 7205 metered gallons of gasoline and 795 metered 
gallons of alcohol. Because the mixture contains less than 10 percent 
alcohol, but more than 9.8 percent alcohol (as determined based on the 
delivery tickets provided to the blender), 7950 gallons of the mixture 
qualify as 10 percent gasohol. If tax was imposed on the gasoline in the 
mixture at the gasohol production rate applicable to 10 percent gasohol, 
the remaining 50 gallons of the mixture (the excess liquid) are treated 
as gasoline with respect to which there was a failure to blend into 
gasohol for purposes of paragraph (f) of this section. If tax was 
imposed on the gasoline in the mixture at the rate of tax described in 
section 4081(a), a credit or refund under section 6427(f) is allowed 
only with respect to 7155 gallons of gasoline.
    Example 3. Mixtures containing less than 5.59 percent alcohol. The 
applicable delivery tickets show that the mixture is made with 7568 
metered gallons of gasoline and 436 metered gallons of alcohol. Because 
the mixture contains only 5.45 percent alcohol (as determined based on 
the delivery tickets provided to the blender), the mixture does not 
qualify as gasohol.

    (3) Gasohol blender. Gasohol blender means any person that regularly 
buys gasoline and alcohol and produces gasohol for use in its trade or 
business or for resale.
    (4) Registered gasohol blender. Registered gasohol blender means a 
person that is registered under section 4101 as a gasohol blender.
    (c) Rate of tax on gasoline removed or entered for gasohol 
production--(1) In general. The rate of tax imposed on gasoline under 
Sec. 48.4081-2(b) (relating to tax imposed at the terminal rack), 
Sec. 48.4081-3(b)(1) (relating to tax imposed at the refinery), or 
Sec. 48.4081-3(c)(1) (relating to tax imposed on entries) is the gasohol 
production tax rate if--
    (i) The person liable for tax under Sec. 48.4081-2(c)(1) (the 
position holder), Sec. 48.4081-3(b)(3) (the refiner), or Sec. 48.4081-
3(c)(2) (the enterer) is a taxable fuel registrant and a registered 
gasohol blender, and such person produces gasohol with the gasoline 
within 24 hours after removing or entering the gasoline; or
    (ii) The gasoline is sold in connection with the removal or entry, 
the person liable for tax under Sec. 48.4081-2(c)(1) (the position 
holder), Sec. 48.4081-3(b)(3) (the refiner), or Sec. 48.4081-3(c)(2) 
(the enterer) is a taxable fuel registrant and the person, at the time 
of the sale,--
    (A) Has an unexpired certificate (as described in paragraph (c)(2) 
of this section) from the buyer; and
    (B) Has no reason to believe that any information in the certificate 
is false.
    (2) Certificate--(i) In general. The certificate referred to in 
paragraph (c)(1)(ii)(A) of this section is a statement that is to be 
provided by a registered gasohol blender that is signed under penalties 
of perjury by a person with authority to bind the registered gasohol 
blender, is in substantially the same form as the model certificate 
provided in paragraph (c)(2)(ii) of this section, and contains all 
information necessary to complete such model certificate. A new 
certificate must be given if any information in the current certificate 
changes. The certificate may be included as part of any business records 
normally used to document a sale. The certificate expires on the 
earliest of the following dates:
    (A) The date one year after the effective date of the certificate 
(which may be no earlier than the date it is signed).

[[Page 145]]

    (B) The date the registered gasohol blender provides a new 
certificate to the seller.
    (C) The date the seller is notified by the Internal Revenue Service 
or the gasohol blender that the gasohol blender's registration has been 
revoked or suspended.
    (ii) Model certificate.

                Certificate of Registered Gasohol Blender

(To support sales of gasoline at the gasohol production tax rate under 
section 4081(c) of the Internal Revenue Code)

_______________________________________________________________________
Name, address, and employer identification number of seller
    ____________________ (Buyer) certifies the following under penalties 
of perjury:
    Buyer is registered as a gasohol blender with registration number 
________________. Buyer's registration has not been suspended or revoked 
by the Internal Revenue Service.
    The gasoline bought under this certificate will be used by Buyer to 
produce gasohol (as defined in Sec. 48.4081-6(b) of the Manufacturers 
and Retailers Excise Tax Regulations) within 24 hours after buying the 
gasoline.
    Type of gasohol Buyer will produce (check one only):

______ 10% gasohol
______ 7.7% gasohol
______ 5.7% gasohol

    If the gasohol the Buyer will produce will contain ethanol, check 
here: ______
    This certificate applies to the following (complete as applicable):
    If this is a single purchase certificate, check here ______ and 
enter:
    1. Account number ________________
    2. Number of gallons ________________
    If this is a certificate covering all purchases under a specified 
account or order number, check here ______ and enter:
    1. Effective date ________________
    2. Expiration date ________________ (period not to exceed 1 year 
after the effective date)
    3. Buyer account or order number ________________
    Buyer will not claim a credit or refund under section 6427(f) of the 
Internal Revenue Code for any gasoline covered by this certificate.
    Buyer agrees to provide seller with a new certificate if any 
information on this certificate changes.
    Buyer understands that Buyer's registration may be revoked if the 
gasoline covered by this certificate is resold or is used other than in 
Buyer's production of the type of gasohol identified above.
    Buyer will reduce any alcohol mixture credit under section 40(b) by 
an amount equal to the benefit of the gasohol production tax rate under 
section 4081(c) for the gasohol to which this certificate relates.
    Buyer understands that the fraudulent use of this certificate may 
subject Buyer and all parties making any fraudulent use of this 
certificate to a fine or imprisonment, or both, together with the costs 
of prosecution.

_______________________________________________________________________
Printed or typed name of person signing

_______________________________________________________________________
Title of person signing

_______________________________________________________________________
Employer identification number

_______________________________________________________________________
Address of Buyer

_______________________________________________________________________
Signature and date signed

     (iii) Use of Form 637 or letter of registration as a gasohol 
blender's certificate prohibited. A copy of the certificate of registry 
(Form 637) or letter of registration issued to a gasohol blender by the 
Internal Revenue Service is not a gasohol blender's certificate 
described in paragraph (c)(2)(ii) of this section.
     (d) Rate of tax on gasohol removed or entered. The rate of tax 
imposed on removals or entries of any gasohol under Secs. 48.4081-2(b), 
48.4081-3(b)(1), and 48.4081-3(c)(1) is the gasohol tax rate. The rate 
of tax imposed on removals and entries of excess liquid described in 
paragraph (b)(2) of this section is the rate of tax applicable to 
gasoline under section 4081(a).
     (e) Tax rates--(1) Gasohol production tax rate. The gasohol 
production tax rate is the applicable rate of tax determined under 
section 4081(c)(2)(A).
     (2) Gasohol tax rate. The gasohol tax rate is the applicable 
alcohol mixture rate determined under section 4081(c)(4)(A).
     (f) Later separation and failure to blend--(1) Later separation--
(i) Imposition of tax. A tax is imposed on the removal or sale of 
gasoline separated from gasohol with respect to which tax was imposed at 
a rate described in paragraph (e) of this section or with respect to 
which a credit or payment was allowed or made by reason of section 
6427(f)(1).
     (ii) Liability for tax. The person that owns the gasohol at the 
time gasoline is separated from the gasohol is liable for the tax 
imposed under paragraph (f)(1)(i) of this section.
     (iii) Rate of tax. The rate of tax imposed under paragraph 
(f)(1)(i) of this

[[Page 146]]

section is the difference between the rate of tax applicable to gasoline 
not described in this section and the applicable gasohol production tax 
rate.
     (2) Failure to blend--(i) Imposition of tax. Tax is imposed on the 
entry, removal, or sale of gasoline (including excess liquid described 
in paragraph (b)(2) of this section) with respect to which tax was 
imposed at a gasohol production tax rate if--
     (A) The gasoline was not blended into gasohol; or
     (B) The gasoline was blended into gasohol but the gasohol 
production tax rate applicable to the type of gasohol produced is 
greater than the rate of tax originally imposed on the gasoline.
     (ii) Liability for tax. (A) In the case of gasoline with respect to 
which tax was imposed at the gasohol production tax rate under paragraph 
(c)(1)(i) of this section, the person liable for the tax imposed by 
paragraph (f)(2)(i) of this section is the person that was liable for 
tax on the entry or removal.
     (B) In the case of gasoline with respect to which tax was imposed 
at the gasohol production tax rate under paragraph (c)(1)(ii) of this 
section, the person that bought the gasoline in connection with the 
entry or removal is liable for the tax imposed under paragraph (f)(2)(i) 
of this section.
     (iii) Rate of tax. The rate of tax imposed on gasoline described in 
paragraph (f)(2)(i)(A) of this section is the difference between the 
rate of tax applicable to gasoline not described in this section and the 
rate of tax previously imposed on the gasoline. The rate of tax imposed 
on gasoline described in paragraph (f)(2)(i)(B) of this section is the 
difference between the gasohol production tax rate applicable to the 
type of gasohol produced and the rate of tax previously imposed on the 
gasoline.
     (iv) Example. The following example illustrates this paragraph 
(f)(2):

     Example. (i) A registered gasohol blender bought gasoline in 
connection with a removal described in paragraph (c)(1)(ii) of this 
section. Based on the blender's certification (described in paragraph 
(c)(2) of this section) that the blender would produce 10 percent 
gasohol with the gasoline, tax at the gasohol production tax rate 
applicable to 10 percent gasohol was imposed on the removal.
     (ii) The blender then produced a mixture by splash blending in a 
tank holding approximately 8000 gallons of mixture. The applicable 
delivery tickets show that the mixture was blended by first pumping 7220 
metered gallons of gasoline into the empty tank, and then pumping 780 
metered gallons of alcohol into the tank. Because the mixture contains 
9.75 percent alcohol (as determined based on the delivery tickets 
provided to the blender) the entire mixture qualifies as 7.7 percent 
gasohol, rather than 10 percent gasohol.

     (iii) Because the 7220 gallons of gasoline were taxed at the 
gasohol production tax rate applicable to 10 percent gasohol but the 
gasoline was blended into 7.7 percent gasohol, a failure to blend has 
occurred with respect to the gasoline. As the person that bought the 
gasoline in connection with the taxable removal, the blender is liable 
for the tax imposed under paragraph (f)(2)(i) of this section. The 
amount of tax imposed is the difference between--

     (A) 7220 gallons times the gasohol production tax rate applicable 
to 7.7 percent gasohol; and

     (B) 7220 gallons times the gasohol production tax rate applicable 
to 10 percent gasohol.

     (iv) Because the gasohol does not contain exactly 7.7 percent 
alcohol, the benefit of the gasohol production tax rate with respect to 
the alcohol is less than the amount of the alcohol mixture credit under 
section 40(b) (determined before the application of section 40(c)). 
Accordingly, the blender may be entitled to claim an alcohol mixture 
credit for the alcohol used in the gasohol. Under section 40(c), 
however, the amount of the alcohol mixture credit must be reduced to 
take into account the benefit provided with respect to the alcohol by 
the gasohol production tax rate.

     (g) Effective date. This section is effective August 7, 1995.

[T.D. 8609, 60 FR 40082, Aug. 7, 1995, as amended by T.D. 8659, 61 FR 
10457, Mar. 14, 1996]





Sec. 48.4081-7  Taxable fuel; conditions for refunds of taxable fuel tax under section 4081(e).

    (a) Overview. This section provides reporting requirements and other 
conditions that a person paying tax to the government under section 4081 
must satisfy to receive a refund (but not a credit) under section 
4081(e) with respect to taxable fuel on which a prior tax was paid to 
the government under section 4081. No credit against any tax imposed 
under the Internal Revenue Code is allowed under this section.

[[Page 147]]

    (b) Conditions to allowance of refund. A claim for refund of tax 
imposed by section 4081 with respect to taxable fuel is allowed under 
section 4081(e) and this section only if--
    (1) A tax imposed by section 4081 with respect to the taxable fuel 
was paid to the government and not credited or refunded (the ``first 
tax'');
    (2) After imposition of the first tax, another tax was imposed by 
section 4081 with respect to the same taxable fuel and was also paid to 
the government (the ``second tax'');
    (3) The person that paid the second tax to the government has filed 
a timely claim for refund that contains the information required under 
paragraph (d) of this section; and
     (4) The person that paid the first tax to the government has met 
the reporting requirements of paragraph (c) of this section.
    (c) Reporting requirements--(1) Reporting by persons paying the 
first tax. Except as provided in paragraph (c)(3) of this section, the 
person that paid the first tax under Sec. 48.4081-3 (the first taxpayer) 
must file a report that is in substantially the same form as the model 
report provided in paragraph (c)(2) of this section (or such other model 
report as the Commissioner may prescribe) and contains all information 
necessary to complete such model report (the first taxpayer's report). A 
first taxpayer's report must be filed with the return to which the 
report relates (or at such other time, or in such other manner, as 
prescribed by the Commissioner).
    (2) Model first taxpayer's report.

                         First Taxpayer's Report

1.______________________________________________________________________
_______________________________________________________________________
First Taxpayer's name, address, and employer identification number

2.______________________________________________________________________
_______________________________________________________________________
Name, address, and employer identification number of the buyer of the 
taxable fuel subject to tax

3.______________________________________________________________________
    Date and location of removal, entry, or sale

4.______________________________________________________________________
    Volume and type of taxable fuel removed, entered, or sold

5. Check type of taxable event:
    __________ Removal from refinery
    __________ Entry into United States
    __________ Bulk transfer from terminal by unregistered position 
holder
    __________ Bulk transfer not received at an approved terminal
    __________ Sale within the bulk transfer/terminal system
    __________ Removal at the terminal rack
    __________ Removal or sale by the blender

6.______________________________________________________________________
    Amount of Federal excise tax paid on account of the removal, entry, 
or sale

7.______________________________________________________________________
    Location of IRS service center where this report is filed

    The undersigned taxpayer (the ``Taxpayer'') has not received, and 
will not claim, a credit with respect to, or a refund of, the tax on the 
taxable fuel to which this form relates.
    Under penalties of perjury, the Taxpayer declares that Taxpayer has 
examined this statement, including any accompanying schedules and 
statements, and, to the best of Taxpayer's knowledge and belief, they 
are true, correct and complete.
_______________________________________________________________________
Signature and date signed
_______________________________________________________________________
Printed or typed name of person signing this report
_______________________________________________________________________
Title

     (3) Optional reporting for certain taxable events. Paragraph (c)(1) 
of this section does not apply with respect to a tax imposed under 
Sec. 48.4081-2 (removal at a terminal rack), Sec. 48.4081-3(c)(1)(ii) 
(nonbulk entries into the United States), or Sec. 48.4081-3(g) (removals 
or sales by blenders). However, if the person liable for the tax expects 
that another tax will be imposed under section 4081 with respect to the 
taxable fuel, that person should (but is not required to) file a first 
taxpayer's report.
    (4) Information provided to subsequent owners, etc.--(i) By person 
required to file first taxpayer's report. A first taxpayer required to 
file a first taxpayer's report under paragraph (c)(1) of this section 
must give a copy of the report to--
    (A) The person to whom the first taxpayer sells (within the meaning 
of Sec. 48.4081-1)) the taxable fuel within the bulk transfer/terminal 
system; or
    (B) The owner of the taxable fuel immediately before the imposition 
of the first tax, if the first taxpayer is not the owner at that time.

[[Page 148]]

    (ii) By person filing optional first taxpayer's report. A first 
taxpayer filing a first taxpayer's report under paragraph (c)(3) of this 
section should (but is not required to) give a copy of the report to--
    (A) The person to whom the first taxpayer sells the taxable fuel; or
    (B) The owner of the taxable fuel immediately before the imposition 
of the first tax, if the first taxpayer is not the owner at that time.
    (iii) By person receiving first taxpayer's report. A person that 
receives a copy of the first taxpayer's report and subsequently sells 
(within the meaning of Sec. 48.4081-1)) the taxable fuel within the bulk 
transfer/terminal system must give the copy and a statement that 
satisfies the requirements of paragraph (c)(4)(iv) of this section to 
the buyer. A person that receives a copy of the first taxpayer's report 
and subsequently sells the taxable fuel outside the bulk transfer/
terminal system should (but is not required to) give the copy and a 
statement that satisfies the requirements of paragraph (c)(4)(iv) of 
this section to the buyer, if that person expects that another tax will 
be imposed under section 4081 with respect to the taxable fuel.
    (iv) Form of statement--(A) In general. A statement satisfies the 
requirements of this paragraph (c)(4)(iv) if it is provided at the 
bottom or on the back of the copy of the first taxpayer's report (or in 
an attached document). This statement must contain all information 
necessary to complete the model statement provided in paragraph 
(c)(4)(iv)(B) of this section (or such other model statement as the 
Commissioner may prescribe) but need not be in the same format.
    (B) Model statement describing subsequent sale.

                     Statement of Subsequent Seller

1.______________________________________________________________________

_______________________________________________________________________

Name, address, and employer identification number of seller in 
subsequent sale

2.______________________________________________________________________

_______________________________________________________________________

Name, address, and employer identification number of buyer in subsequent 
sale

3.______________________________________________________________________

Date and location of subsequent sale

4.______________________________________________________________________

Volume and type of taxable fuel sold
    The undersigned seller (the ``Seller'') has received the copy of the 
first taxpayer's report provided with this statement in connection with 
Seller's purchase of the taxable fuel described in this statement.
    Under penalties of perjury, Seller declares that Seller has examined 
this statement, including any accompanying schedules and statements, 
and, to the best of Seller's knowledge and belief, they are true, 
correct and complete.
_______________________________________________________________________

Signature and date signed

_______________________________________________________________________

Printed or typed name of person signing this statement

_______________________________________________________________________

Title

    (v) Sale to multiple buyers. If the first taxpayer's report relates 
to gasoline divided among more than one buyer, multiple copies of the 
first taxpayer's report must be made at the stage that the gasoline is 
divided and each buyer must be given a copy of the report.
     (d) Form and content of claim--(1) In general. The following rules 
apply to claims for refund under section 4081(e):
     (i) The claim must be made by the person that paid the second tax 
to the government and must include all the information described in 
paragraph (d)(2) of this section.
     (ii) The claim must be made on Form 8849 (or such other form as the 
Commissioner may designate) in accordance with the instructions on the 
form. The form should be marked Section 4081(e) Claim at the top. 
Section 4081(e) claims must not be included with a claim for a refund 
under any other provision of the Internal Revenue Code.
     (2) Information to be included in the claim. Each claim for a 
refund under section 4081(e) must contain the following information with 
respect to the taxable fuel covered by the claim:
     (i) Volume and type of taxable fuel.
     (ii) Date on which the claimant incurred the tax liability to which 
this claim relates (the second tax).
     (iii) Amount of second tax that claimant paid to the government and 
a statement that claimant has not included the amount of this tax in the 
sales price of the taxable fuel to which this claim relates and has not 
collected

[[Page 149]]

that amount from the person that bought the taxable fuel from claimant.
     (iv) Name, address, and employer identification number of the 
person that paid the first tax to the government.
     (v) A copy of the first taxpayer's report that relates to the 
taxable fuel covered by the claim.
     (vi) If the taxable fuel covered by the claim was bought other than 
from the first taxpayer, a copy of the statement of subsequent seller 
that the claimant received with respect to that taxable fuel.
    (e) Time for filing claim. A claim for refund under section 4081(e) 
may be filed any time after the claimant has filed the return of the 
second tax and before the end of the period prescribed by section 6511 
for the filing of a claim for a refund.
    (f) Examples. The following examples illustrate the provisions of 
this section.

    Example 1. (i) A is a gasoline registrant that owns 10,000 gallons 
of gasoline, and on April 5, 1996, is transporting the gasoline by barge 
on a waterway in the United States. That day, A sells the gasoline to B, 
a person that is not a gasoline registrant. A is liable for tax on the 
sale under Sec. 48.4081-3(f). A pays this tax to the government and 
attaches to its return of the gasoline tax for the 2nd quarter of 1996 
the first taxpayer's report described in paragraph (c) of this section. 
A also gives a copy of this report to B.
    (ii) On April 9, 1996, B sells the gasoline to C, a gasoline 
registrant. B also gives C a copy of the first taxpayer's report and the 
statement of subsequent seller (required under paragraph (c)(4) of this 
section). On April 14, 1996, the gasoline is removed from a terminal at 
the rack. C is the position holder of the gasoline at the time of the 
removal and thus is liable for tax on the removal under Sec. 48.4081-
2(c)(1). C pays this tax to the government.
    (iii) After C has filed a return of the second tax and before the 
end of the period prescribed by section 6511 for filing a claim for a 
refund, C files a claim for a refund of the second tax. The claim is in 
the form prescribed in paragraph (d)(2) of this section. C includes with 
its claim a copy of the first taxpayer's report and statement of 
subsequent seller. Because the conditions to allowance of a refund under 
paragraph (b) of this section have been met, C is allowed a refund of 
the second tax.
    Example 2. The facts are the same as in Example 1 except that A does 
not pay the tax to the government. Because the first tax was not paid to 
the government as required by paragraph (b)(1) of this section, the 
conditions to allowance of a refund under paragraph (b) of this section 
have not been met. Therefore, C is not allowed a refund of the second 
tax.

     (g) Effective date. This section is effective in the case of 
taxable fuel with respect to which the first tax is imposed after 
September 30, 1995.

[T.D. 8421, 57 FR 32424, July 22, 1992, as amended by T.D. 8609, 60 FR 
40086, Aug. 7, 1995; T.D. 8659, 61 FR 10457, Mar. 14, 1996]





Sec. 48.4081-8  Taxable fuel; measurement.

    (a) In general. For purposes of the tax imposed by section 4081, 
gallons of taxable fuel may be measured on the basis of--
    (1) Actual volumetric gallons;
    (2) Gallons adjusted to 60 degrees Fahrenheit; or
    (3) Any other temperature adjustment method approved by the 
Commissioner.
    (b) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10457, Mar. 14, 1996]





Sec. 48.4081-9  Gasoline tax; rules applicable after June 30, 1991, and before January 1, 1993.

    (a) Overview. This section provides transitional rules for applying 
the amendments made to section 4081 by the Revenue Reconciliation Act of 
1990 during the period beginning July 1, 1991 (the effective date of 
those amendments) and ending December 31, 1992 (the last day before the 
effective date of Secs. 48.4081-1 through 48.4081-8.
    (b) Imposition of tax. For the imposition of tax, see sections 4081 
and 4082.
    (c) Liability for tax--(1) Primary liability. The owner of the 
gasoline immediately before the taxable event is liable for the tax 
imposed under sections 4081 and 4082.
    (2) Secondary liability. The terminal operator is secondarily liable 
for tax imposed under section 4081(a)(1)(ii) if it permits an 
unregistered owner of gasoline to remove the gasoline at its terminal 
rack. However, the terminal operator may rely on the rules of Notice 87-
83, 1987-2 C.B. 393, to avoid such liability.
    (d) Reliance on previously issued guidance. Taxpayers may rely on 
guidance

[[Page 150]]

previously published by the Internal Revenue Service under sections 4081 
and 4082 to the extent the guidance is not inconsistent with sections 
4081 and 4082 (as amended by the Revenue Reconciliation Act of 1990). 
The relevant guidance includes Notice 87-83, 1987-2 C.B. 393, Notice 88-
16, 1988-1 C.B. 482, Notice 88-109, 1988-2 C.B. 446, Notice 89-101, 
1989-2 C.B. 435, and Rev. Rul. 88-70, 1988-2 C.B. 338
    (e) Conditions for refunds of gasoline tax under section 4081(e)--
(1) Conditions to allowance of refund. A claim for refund of tax imposed 
by section 4081 with respect to gasoline is allowed under section 
4081(e) and this section only if--
    (i) A tax imposed by section 4081 with respect to the gasoline was 
paid to the government and not credited or refunded (the ``first tax'');
    (ii) After imposition of the first tax, another tax was imposed by 
section 4081 with respect to the same gasoline and was also paid to the 
government (the ``second tax''); and
    (iii) The person that paid the second tax to the government has 
filed a timely claim for refund that contains the information required 
under paragraph (d)(2) of this section.
    (2) Form and content of refund claim. The claim for refund under 
section 4081(e) shall be made by the person that paid the second tax. 
The claim must be made on Form 843, Claim for Refund and Request for 
Abatement (or such other form as the Commissioner may designate), in 
accordance with the instructions on the form. Each claim for a refund 
under this section must contain the following information with respect 
to the gasoline covered by the claim:
    (i) The volume and type of gasoline.
    (ii) The name, address, employer identification number, and 
registration number of the first taxpayer.
    (iii) The date on which the claimant bought the gasoline.
    (iv) The location at which the claimant bought the gasoline.
    (v) The date on which the claimant incurred the tax liability to 
which the claim relates.
    (3) Time for filing claim. A claim for refund under section 4081(e) 
may be filed any time after the claimant has filed the return of the 
second tax and before the end of the period prescribed by section 6511 
for the filing of a claim for a refund.
    (f) Effective date. This section is effective after June 30, 1991, 
and before January 1, 1993, except that paragraph (e) of this section 
applies to any refund relating to a first tax imposed before January 1, 
1993.





Sec. 48.4082-1  Diesel fuel tax; exemption.

    (a) Exemption. Tax is not imposed by section 4081 on the removal, 
entry, or sale of any diesel fuel if--
    (1) The person otherwise liable for tax is a taxable fuel 
registrant;
    (2) In the case of a removal from a terminal, the terminal is an 
approved terminal; and
    (3) The diesel fuel satisfies the dyeing and marking requirements of 
paragraphs (b), (c), and (d) of this section.
    (b) Dyeing requirements. Diesel fuel satisfies the dyeing 
requirement of this paragraph (b) only if it contains--
    (1) The dye Solvent Red 164 (and no other dye) at a concentration 
spectrally equivalent to at least 3.9 pounds of the solid dye standard 
Solvent Red 26 per thousand barrels of diesel fuel; or
    (2) Any dye of a type and in a concentration that has been approved 
by the Commissioner.
    (c) Marking requirements. [Reserved]
    (d) Time for adding the dye and marker. [Reserved]
    (e) Effective date. This section is effective March 14, 1996.

[T.D. 8659, 61 FR 10457, Mar. 14, 1996]





Sec. 48.4082-2  Diesel fuel tax; notice required with respect to dyed diesel fuel.

    (a) In general. A legible and conspicuous notice stating: DYED 
DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE must be posted 
by a seller on any retail pump or other delivery facility where it sells 
dyed diesel fuel for use by its buyer. Any seller that fails to post the 
required notice on any retail pump or other delivery facility where it 
sells dyed diesel fuel is, for purposes of the penalty imposed by 
section 6715, presumed to know that the fuel will not be used for a 
nontaxable use.

[[Page 151]]

    (b) Cross reference; terminal operators. For the requirement that 
terminal operators provide a notice with respect to dyed diesel fuel, 
see Sec. 48.4101-1(h)(3) (relating to terms and conditions of 
registration for terminal operators).
    (c) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10457, Mar. 14, 1996, as amended by T.D. 8685, 61 FR 
58007, Nov. 12, 1996]





Sec. 48.4082-3  Diesel fuel; visual inspection devices. [Reserved]





Sec. 48.4082-4  Diesel fuel; back-up tax.

    (a) Imposition of tax--(1) In general. Tax is imposed by section 
4041 on the delivery into the fuel supply tank of the propulsion engine 
of a diesel-powered highway vehicle (other than a diesel-powered bus) or 
diesel-powered boat of--
    (i) Any diesel fuel on which tax has not been imposed by section 
4081;
    (ii) Any diesel fuel on which a credit or payment has been allowed 
under section 6427; or
    (iii) Any liquid other than gasoline or diesel fuel.
    (2) Liability for tax--(i) In general. The operator of the highway 
vehicle or boat into which the fuel is delivered is liable for the tax 
imposed under paragraph (a)(1) of this section.
    (ii) Joint and several liability of the seller. The seller of the 
fuel is jointly and severally liable for the tax imposed under paragraph 
(a)(1) of this section if the seller knows or has reason to know that 
the fuel will not be used in a nontaxable use.
    (3) Rate of tax. The rate of tax is the rate imposed on diesel fuel 
by section 4081(a).
    (b) Tax on diesel fuel; buses and trains--(1) In general.Tax is 
imposed by section 4041 on the delivery into the fuel supply tank of the 
propulsion engine of a diesel-powered bus or a diesel-powered train of--
    (i) Any diesel fuel on which tax has not been imposed by section 
4081;
    (ii) Any diesel fuel on which a credit or payment has been allowed 
under section 6427; or
    (iii) Any liquid other than gasoline or diesel fuel.
    (2) Liability for tax--(i) In general. Except as provided in 
paragraph (b)(2)(ii) of this section, the operator of the bus or train 
into which the fuel is delivered is liable for the tax imposed under 
paragraph (b)(1) of this section.
    (ii) Special rule for certain train operators. The person that 
delivers the fuel into the fuel supply tank of a train, rather than the 
train operator, is liable for the tax imposed under paragraph (b)(1) of 
this section if, at the time of the delivery--
    (A) The deliverer of the fuel and the operator of the train are both 
registered as train operators under Sec. 48.4101-1; and
    (B) A written agreement between the deliverer of the fuel and the 
operator requires the deliverer to pay the tax imposed under paragraph 
(b)(1) of this section.
    (3) Rate of tax--(i) Buses--(A) In general. The rate of tax under 
paragraph (b)(1) of this section is the sum of the rates described in 
sections 4041(a)(1)(C)(iii)(I) and 4041(d)(1) (the bus rate) if the bus 
is used to furnish (for compensation) passenger land transportation 
available to the general public and either such transportation is 
scheduled and along regular routes or the seating capacity of the bus is 
at least 20 adults (not including the driver). A bus is available to the 
general public if the bus is available for hire to more than a limited 
number of persons, groups, or organizations.
    (B) Other uses. The rate of tax under paragraph (b)(1) of this 
section is the rate of tax imposed on diesel fuel by section 4081(a) if 
the bus is used for a purpose other than that described in paragraph 
(b)(3)(i)(A) of this section.
    (ii) Trains. The rate of tax under paragraph (b)(1) of this section 
is the rate prescribed in section 4041 for diesel fuel sold for use in a 
train (the train rate).
    (4) Cross reference. For the registration requirement relating to 
certain bus and train operators, see Sec. 48.4101-1(c)(2).
    (c) Exemptions. The taxes imposed under paragraphs (a) and (b) of 
this section do not apply to a delivery of any liquid for--

[[Page 152]]

    (1) Use on a farm for farming purposes as that term and related 
terms are defined in Sec. 48.6420-4 (a) through (g);
    (2) The exclusive use of a State;
    (3) Use described in section 4041(h) (relating to use in a vehicle 
owned by an aircraft museum);
    (4) Use in a boat employed in--
    (i) The business of commercial fishing;
    (ii) The business of transporting persons or property for 
compensation or hire; or
    (iii) Any other trade or business, unless the boat is used in any 
activity of a type generally considered to constitute entertainment, 
amusement, or recreation (within the meaning of section 274(a)(1)(A) and 
the regulations under that section);
    (5) Use in a bus while the bus is engaged in the transportation of 
students and employees of schools (as defined in the last sentence of 
section 4221(d)(7)(C));
    (6) Use in a qualified local bus (as defined in section 
6427(b)(2)(D)) while the bus is engaged in furnishing (for compensation) 
intracity passenger land transportation that is available to the general 
public and is scheduled and along regular routes;
    (7) Use in a highway vehicle that--
    (i) Is not registered (and is not required to be registered) for 
highway use under the laws of any State or foreign country; and
    (ii) Is used in the operator's trade or business or in an activity 
of the operator described in section 212 (relating to the production of 
income);
    (8) The exclusive use of a nonprofit educational organization, as 
defined in Sec. 48.4221-6(b);
    (9) Use in a highway vehicle that is owned by the United States and 
is not used on the highway; or
    (10) Use in any boat operated by the United States for the exclusive 
use of the United States or any vessel of war of any foreign nation, as 
described in Sec. 48.4221-4(b)(5).
    (d) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10458, Mar. 14, 1996]





Sec. 48.4082-5T  Diesel fuel; Alaska (temporary).

    (a) Application. This section applies to diesel fuel removed, 
entered, or sold in Alaska for ultimate sale or use in an exempt area of 
Alaska.
    (b) Definitions.
    Exempt area of Alaska means the area of Alaska in which the sulfur 
content requirements for diesel fuel (see section 211(i) of the Clear 
Air Act (42 U.S.C. 7545(i))) do not apply because the Administrator of 
the Environmental Protection Agency has granted an exemption under 
section 211(i)(4) of that Act.
    Nontaxable use means a use described in section 4082(b).
    Qualified dealer means any person that holds a qualified dealer 
license from the state of Alaska.
    (c) Tax-free removals and entries. Notwithstanding Sec. 48.4082-1, 
tax is not imposed by section 4081 on the removal or entry of any diesel 
fuel in an exempt area of Alaska if--
    (1) The person that would be liable for tax under Sec. 48.4081-2 or 
48.4081-3 is a taxable fuel registrant and satisfies the requirements of 
paragraph (e) of this section;
    (2) In the case of a removal from a terminal, the terminal is an 
approved terminal; and
    (3) The owner of the diesel fuel immediately after the removal or 
entry holds the fuel for its own use in a nontaxable use or is a 
qualified dealer.
    (d) Sales after removals and entries--(1) In general. Paragraph (c) 
of this section does not apply with respect to diesel fuel that is 
subsequently sold by a qualified dealer unless--
    (i) The fuel is sold in an exempt area of Alaska;
    (ii) The buyer purchases the fuel for its own use in a nontaxable 
use or is a qualified dealer; and
    (iii) The seller satisfies the requirements of paragraph (e) of this 
section.
    (2) Tax imposed at time of sale; liability for tax. Notwithstanding 
Secs. 48.4081-2 and 48.4081-3, in any case in which paragraph (c) of 
this section does not apply with respect to diesel fuel because of a 
subsequent sale by a qualified dealer, the tax with respect to that fuel 
is imposed at the time of the subsequent

[[Page 153]]

sale and the qualified dealer is liable for the tax.
    (3) Rate of tax. For the rate of tax, see section 4081.
    (e) Evidence of tax-free transactions. The requirements of section 
4082(c)(2) (relating to certification) and this paragraph (e) are 
satisfied if the person otherwise liable for tax is able to show the 
district director satisfactory evidence of the exempt nature of the 
transaction and has no reason to believe that the evidence is false. 
Satisfactory evidence may include copies of qualified dealer licenses or 
exemption certificates obtained for state tax purposes.
    (f) Cross reference. For the tax on previously untaxed diesel fuel 
that is used for a taxable purpose, see Sec. 48.4082-4.
    (g) Effective date. This section is applicable with respect to 
diesel fuel removed or entered after December 31, 1996.

[T.D. 8693, 61 FR 66216, Dec. 17, 1996]





Sec. 48.4083-1  Taxable fuel; administrative authority.

    (a) In general--(1) Authority to inspect. Officers or employees of 
the IRS designated by the Commissioner, upon presenting appropriate 
credentials and a written notice to the owner, operator, or agent in 
charge, are authorized to enter any place and to conduct inspections in 
accordance with paragraphs (a) through (c) of this section.
    (2) Reasonableness. Inspections will be performed in a reasonable 
manner and at times that are reasonable under the circumstances, taking 
into consideration the normal business hours of the place to be entered.
    (b) Place of inspection--(1) In general. Inspections may be at any 
place at which taxable fuel is (or may be) produced or stored or at any 
inspection site where evidence of activities described in section 
6715(a) may be discovered. These places may include, but are not limited 
to--
    (i) Any terminal;
    (ii) Any fuel storage facility that is not a terminal;
    (iii) Any retail fuel facility; or
    (iv) Any designated inspection site.
    (2) Designated inspection sites. A designated inspection site is any 
State highway inspection station, weigh station, agricultural inspection 
station, mobile station, or other location designated by the 
Commissioner to be used as a fuel inspection site. A designated 
inspection site will be identified as a fuel inspection site.
    (c) Scope of inspection--(1) Inspection. Officers or employees may 
physically inspect, examine or otherwise search any tank, reservoir, or 
other container that can or may be used for the production, storage, or 
transportation of fuel, fuel dyes, or fuel markers. Inspection may also 
be made of any equipment used for, or in connection with, production, 
storage, or transportation of fuel, fuel dyes, or fuel markers. This 
includes any equipment used for the dyeing or marking of fuel. This also 
includes books and records, if any, that are maintained at the place of 
inspection and are kept to determine excise tax liability under section 
4081.
    (2) Detainment. Officers or employees may detain any vehicle, train, 
or boat for the purpose of inspecting its fuel tanks and storage tanks. 
Detainment will be either on the premises under inspection or at a 
designated inspection site. Detainment may continue for such reasonable 
period of time as is necessary to determine the amount and composition 
of the fuel.
    (3) Removal of samples. Officers or employees may take and remove 
samples of fuel in such quantities as are reasonably necessary to 
determine the composition of the fuel.
    (d) Refusal to submit to inspection--(1) Imposition of penalty. Any 
person that refuses to allow an inspection will be fined $1,000 for each 
refusal. This penalty is in addition to any other penalty or tax that 
may be imposed upon that person or any other person liable for tax under 
section 4081 or penalty under section 6715.
    (2) Assessment of penalty. This penalty is an assessable penalty and 
is assessed in accordance with section 6671.
    (e) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10458, Mar. 14, 1996, as amended by T.D. 8685, 61 FR 
58007, Nov. 12, 1996]





Sec. 48.4101-1  Registration.

    (a) In general. (1) This section provides rules relating to 
registration

[[Page 154]]

under section 4101 for purposes of the federal excise tax on taxable 
fuel imposed by sections 4041(a)(1) and 4081 and the credit or payment 
allowed to registered ultimate vendors of diesel fuel under section 
6427.
    (2) A person is registered under section 4101 only if the district 
director has issued a registration letter to the person and the 
registration has not been revoked or suspended.
    (3) A refiner that is registered under section 4101 may, with 
respect to the bulk removal of any batch of gasohol from its refinery, 
treat itself as a person that is not registered. See Sec. 48.4081-
3(b)(1)(iii).
    (4) Each business unit that has, or is required to have, a separate 
employer identification number is treated as a separate person. Thus, 
two business units (for example, a parent corporation and a subsidiary 
corporation, or a proprietorship and a related partnership), each of 
which has a different employer identification number, are two persons.
    (5) A registration in effect on December 31, 1993, with respect to 
the tax on gasoline or diesel fuel is subject to the district director's 
review, and to revocation or suspension, under the standards set forth 
in this section, but remains in effect until the earlier of--
    (i) The effective date of a registration issued under paragraph 
(g)(3) of this section; or
    (ii) The effective date of the revocation or suspension of the 
registration under paragraph (i) of this section.
    (b) Definitions--(1) Applicant. An applicant is a person that has 
applied for registration under paragraph (e) of this section.
    (2) Bonded registrant. A bonded registrant is a person that has 
given a bond to the district director under paragraph (j) of this 
section as a condition of registration.
    (3) Gasohol bonding amount. The gasohol bonding amount is the 
product of--
    (i) The rate of tax applicable to later separation, as described in 
Sec. 48.4081-6(f)(1)(iii); and
    (ii) The total number of gallons of gasoline expected to be bought 
at the gasohol production tax rate by the gasohol blender during a 
representative 6-month period (as determined by the district director).
    (4) Penalized for a wrongful act. A person has been penalized for a 
wrongful act if the person has--
    (i) Been assessed any penalty under chapter 68 of the Internal 
Revenue Code (or similar provision of the law of any State) for 
fraudulently failing to file any return or pay any tax, and the penalty 
has not been wholly abated, refunded, or credited;
    (ii) Been assessed any penalty under chapter 68 of the Internal 
Revenue Code, such penalty has not been wholly abated, refunded, or 
credited, and the district director determines that the conduct 
resulting in the penalty is part of a consistent pattern of failing to 
deposit, pay, or pay over a substantial amount of tax;
    (iii) Been convicted of a crime under chapter 75 of the Internal 
Revenue Code (or similar provision of the law of any State), or of 
conspiracy to commit such a crime, and the conviction has not been 
wholly reversed by a court of competent jurisdiction;
    (iv) Been convicted, under the laws of the United States or any 
State, of a felony for which an element of the offense is theft, fraud, 
or the making of false statements, and the conviction has not been 
wholly reversed by a court of competent jurisdiction;
    (v) Been assessed any tax under section 4103 and the tax has not 
been wholly abated, refunded, or credited; or
    (vi) Had its registration under section 4101 or 4222 revoked.
    (5) Related person. A related person is a person that--
    (i) Directly or indirectly exercises control over an activity of the 
applicant if the activity is described in paragraph (c)(1) or (d) of 
this section;
    (ii) Owns, directly or indirectly, five percent or more of the 
applicant;
    (iii) Is under a duty to assure the payment of a tax for which the 
applicant is responsible;
    (iv) Is a member, with the applicant, of a group of organizations 
(as defined in Sec. 1.52-1(b) of this chapter) that would be treated as 
a group of trades or businesses under common control for purposes of 
Sec. 1.52-1 of this chapter; or
    (v) Distributed or transferred assets to the applicant in a 
transaction in

[[Page 155]]

which the applicant's basis in the assets is determined by reference to 
the basis of the assets in the hands of the distributor or transferor.
    (6) Registrant. A registrant is a person that the district director 
has, in accordance with paragraph (g)(3) of this section, registered 
under section 4101 and whose registration has not been revoked or 
suspended.
    (c) Persons required to be registered--(1) In general. A person is 
required to be registered under section 4101 if the person is a--

    (i) Blender;
    (ii) Enterer;
    (iii) Refiner;
    (iv) Terminal operator; or
    (v) Position holder.

    (2) Bus and train operators. Every operator of a bus or train is 
required to be registered under section 4101 at any time it incurs any 
liability for tax under section 4041 at the bus rate (as described in 
Sec. 48.4082-4(b)(3)(i)) or the train rate (as described in 
Sec. 48.4082-4(b)(3)(ii)).
    (3) Consequences of failing to register. For the criminal penalty 
imposed for failure to register, see section 7232. For the civil penalty 
imposed for failure to register, see section 7272.
    (d) Persons that may, but are not required to, be registered. A 
person may, but is not required to, be registered under section 4101 if 
the person is a--

    (1) Gasohol blender;
    (2) Industrial user;
    (3) Throughputter that is not a position holder; or
    (4) Ultimate vendor of diesel fuel.

    (e) Application instructions. Application for registration under 
section 4101 must be made in accordance with the instructions for Form 
637 (or such other form as the Commissioner may designate).
    (f) Registration tests--(1) In general--(i) Persons other than 
ultimate vendors. Except as provided in paragraph (f)(1)(ii) of this 
section, the district director will register an applicant only if the 
district director determines that the applicant meets the following 
three tests (collectively, the registration tests):
    (A) The activity test of paragraph (f)(2) of this section.
    (B) The acceptable risk test of paragraph (f)(3) of this section.
    (C) The adequate security test of paragraph (f)(4) of this section.
    (ii) Ultimate vendors. The district director will register an 
applicant as an ultimate vendor of diesel fuel only if the district 
director--
    (A) Determines that the applicant meets the activity test of 
paragraph (f)(2) of this section; and
    (B) Is satisfied with the filing, deposit, payment, and claim 
history for all federal taxes of the applicant and any related person.
    (2) The activity test. An applicant meets the activity test of this 
paragraph (f)(2) only if the district director determines that the 
applicant--
    (i) Is, in the course of its trade or business, regularly engaged as 
an operator of a bus or train or in the characteristic activity of a 
person described in paragraph (c)(1) or (d) of this section; or
    (ii) Is likely to be (because of such factors as the applicant's 
business experience, financial standing, or trade connections), in the 
course of its trade or business, regularly engaged as an operator of a 
bus or train or in the characteristic activity of a person described in 
paragraph (c)(1) or (d) of this section within a reasonable time after 
becoming registered under section 4101.
    (3) Acceptable risk test--(i) In general. An applicant meets the 
acceptable risk test of this paragraph (f)(3) only if--
    (A) Neither the applicant nor a related person has been penalized 
for a wrongful act; or
    (B) Even though the applicant or a related person has been penalized 
for a wrongful act, the district director determines, after review of 
evidence offered by the applicant, that the registration of the 
applicant does not create a significant risk of nonpayment or late 
payment of the tax imposed by sections 4041(a)(1) and 4081.
    (ii) Significant risk of nonpayment or late payment of tax. In 
making the determination described in paragraph (f)(3)(i)(B) of this 
section, the district director may consider factors such as the 
following:
    (A) The time elapsed since the applicant or related person was 
penalized for a wrongful act.

[[Page 156]]

    (B) The present relationship between the applicant and any related 
person that was penalized for any wrongful act.
    (C) The degree of rehabilitation of the person penalized for any 
wrongful act.
    (D) The amount of bond given by the applicant. In this regard, the 
district director may accept a bond under paragraph (j) of this section, 
without regard to the limits on the amount of the bond set by paragraph 
(j)(2) of this section.
    (4) Adequate security test--(i) In general. An applicant meets the 
adequate security test of this paragraph (f)(4) only if the district 
director determines that the applicant has both adequate financial 
resources and a satisfactory tax history, or the applicant gives the 
district director a bond (under the provisions of paragraph (j) of this 
section).
    (ii) Adequate financial resources--(A) In general. An applicant has 
adequate financial resources only if the district director determines 
that the applicant is financially capable of paying--
    (1) Its expected tax liability under sections 4041(a)(1) and 4081 
for a representative 6-month period (as determined by the district 
director);
    (2) In the case of a terminal operator, the expected tax liability 
under section 4081 of persons other than the terminal operator with 
respect to taxable fuel removed at the racks of its terminals during a 
representative 1-month period (as determined by the district director); 
and
    (3) In the case of a gasohol blender, the gasohol bonding amount.
    (B) Basis for determination. The determination under this paragraph 
(f)(4)(ii) must be based on financial information such as the 
applicant's income statement, balance sheet or bond ratings, or other 
information related to the applicant's financial status.
    (iii) Satisfactory tax history. An applicant has a satisfactory tax 
history only if the district director is satisfied with the filing, 
deposit, and payment history for all federal taxes of the applicant and 
any related person.
    (g) Action on the application by the district director--(1) Review 
of application. The district director may investigate the accuracy and 
completeness of any representations made by an applicant, request any 
additional relevant information from the applicant, and inspect the 
applicant's premises during normal business hours without advance 
notice.
    (2) Denial. If the district director determines that an applicant 
does not meet all of the applicable registration tests described in 
paragraph (f) of this section, the district director must notify the 
applicant, in writing, that its application for registration is denied 
and state the basis for the denial.
    (3) Approval. If the district director determines that an applicant 
meets all of the applicable registration tests described in paragraph 
(f) of this section, the district director must register the applicant 
under section 4101 and issue the applicant a letter of registration 
containing the effective date of the registration. The effective date of 
the registration must be no earlier than the date on which the district 
director signs the letter of registration. A copy of an application for 
registration (Form 637) is not a letter of registration.
    (h) Terms and conditions of registration--(1) Affirmative duties. 
Each registrant must--
    (i) Make deposits, file returns, and pay taxes required by the 
Internal Revenue Code and the regulations;
    (ii) Keep records sufficient to show the registrant's tax liability 
under sections 4041(a)(1) and 4081 and payments or deposits of such 
liability;
    (iii) Make all information reports required under section 4101(d) 
and Sec. 48.4101-2;
    (iv) Make available for inspection on demand by the Internal Revenue 
Service during normal business hours records relevant to a determination 
of tax liability under sections 4041(a)(1) and 4081; and
    (v) Notify the district director of any change (such as a change in 
ownership) in the information the registrant submitted in connection 
with its application for registration, or previously submitted under 
this paragraph (h)(1)(v), within 10 days after the change occurs.
    (2) Prohibited actions. A registrant may not--
    (i) Sell, lease or otherwise allow another person to use its 
registration;

[[Page 157]]

    (ii) Make any false statement to the district director in connection 
with a submission under paragraph (h)(1) or (h)(3) of this section;
    (iii) Make any false statement on, or violate the terms of--
    (A) A notification certificate of a taxable fuel registrant (as 
described in Sec. 48.4081-5(b)); or
    (B) A certificate of a registered gasohol blender (as described in 
Sec. 48.4081-6(c)(2)).
    (3) Additional terms and conditions for terminal operators--(i) 
Notice required with respect to dyed diesel fuel. A legible and 
conspicuous notice stating: DYED DIESEL FUEL, NONTAXABLE USE ONLY, 
PENALTY FOR TAXABLE USE must be provided by each terminal operator to 
any person that receives dyed diesel fuel at a terminal rack of that 
operator. This notice must be provided by the time of the removal and 
must appear on all shipping papers, bills of lading, and similar 
documents that are provided by the terminal operator to accompany the 
removal of the fuel.
    (ii) Records to be maintained relating to removals of diesel fuel. 
Each terminal operator must keep the following information with respect 
to each rack removal of diesel fuel at each terminal it operates:
    (A) The bill of lading or other shipping document.
    (B) The record of whether the fuel was dyed and marked in accordance 
with Sec. 48.4082-1.
    (C) The volume and date of the removal.
    (D) The identity of the person, such as a common carrier, that 
physically received the fuel.
    (E) Any other information required by the Commissioner.
    (iii) Records to be maintained relating to dye. With respect to each 
of its terminals, a terminal operator must keep records relating to dye 
inventories and usage.
    (iv) Retention of information. In addition to any other requirement 
relating to the retention of records, the terminal operator must--
    (A) Maintain the information described in paragraph (h)(3)(ii) of 
this section at the terminal from which the removal occurred for at 
least 3 months after the removal to which it relates; and
    (B) Maintain the information described in paragraph (h)(3)(iii) of 
this section at the terminal where the dye was received for at least 3 
months after the receipt.
    (v) Prohibition on providing incorrect information. In connection 
with the removal of diesel fuel that is not dyed and marked in 
accordance with Sec. 48.4082-1, a terminal operator may not provide any 
person (including the position holder with respect to the fuel) with any 
bill of lading, shipping paper, or similar document indicating that the 
diesel fuel is dyed and marked in accordance with Sec. 48.4082-1.
    (i) Adverse actions by the district director against a registrant--
(1) Mandatory revocation or suspension. The district director must 
revoke or suspend the registration of any registrant if the district 
director determines that the registrant, at any time--
    (i) Does not meet one or more of the applicable registration tests 
under paragraph (f) of this section and has not corrected the deficiency 
within a reasonable period of time after notification by the district 
director;
    (ii) Has used its registration to evade, or attempt to evade, the 
payment of any tax imposed by section 4041(a)(1) or 4081, or to postpone 
or in any manner to interfere with the collection of any such tax, or to 
make a fraudulent claim for a credit or payment;
    (iii) Has aided or abetted another person in evading, or attempting 
to evade, payment of any tax imposed by section 4041(a)(1) or 4081, or 
in making a fraudulent claim for a credit or payment; or
    (iv) Has sold, leased, or otherwise allowed another person to use 
its registration.
    (2) Remedial action permitted in other cases. If the district 
director determines that a registrant has, at any time, failed to comply 
with the terms and conditions of registration under paragraph (h) of 
this section, made a false statement to the district director in 
connection with its application for registration or retention of 
registration, or otherwise used its registration in a manner that 
creates a significant

[[Page 158]]

risk of nonpayment or late payment of tax, then the district director 
may--
    (i) Revoke or suspend the registrant's registration;
    (ii) In the case of a registrant other than an ultimate vendor, 
require the registrant to give a bond under the provisions of paragraph 
(j) of this section as a condition of retaining its registration; and
    (iii) In the case of a registrant other than an ultimate vendor, 
require the registrant to file monthly or semimonthly returns under 
Sec. 40.6011(a)-1(b) of this chapter as a condition of retaining its 
registration.
    (3) Action by the district director to revoke or suspend a 
registration. If the district director revokes or suspends a 
registration, the district director must so notify the registrant in 
writing and state the basis for the revocation or suspension. The 
effective date of the revocation or suspension may not be earlier than 
the date on which the district director notifies the registrant.
    (j) Bonds--(1) Form. Each bond given to the district director as a 
condition of registration under paragraph (f)(4)(i) or (i)(2)(ii) of 
this section must be executed in the form prescribed by the district 
director. Each bond must be--
    (i) A public debt obligation of the United States Government;
    (ii) An obligation the principal and interest of which are 
unconditionally guaranteed by the United States Government;
    (iii) A bond executed by a surety company listed in Department of 
the Treasury Circular 570 as an acceptable surety or reinsurer of 
federal bonds (a surety bond); or
    (iv) Any other bond with security (including liens under section 
4101(b)(1)(B)) considered acceptable by the district director.
    (2) Amount of bond. A bond given under this paragraph (j) must be in 
an amount that the district director determines will ensure timely 
collection of the taxes imposed by sections 4041(a)(1) and 4081, taking 
into account the applicant's financial capabilities, tax history, and 
expected liability under sections 4041(a)(1) and 4081. The district 
director may increase or decrease the amount of the required bond to 
take into account changes in the applicant's financial capabilities, tax 
history, and expected liability under sections 4041(a)(1) and 4081. 
However, in no case may the amount of the bond be greater than the 
amount that the district director determines is equal to--
    (i) The applicant's expected tax liability under sections 4041(a)(1) 
and 4081 for a representative 6-month period (as determined by the 
district director);
    (ii) In the case of a terminal operator, the expected tax liability 
of persons other than the terminal operator under section 4081 with 
respect to taxable fuel removed at the racks of its terminals 
(determined as if all removals of taxable fuel were taxable) during a 
representative 1-month period (as determined by the district director); 
and
    (iii) In the case of a gasohol blender, the gasohol bonding amount.
    (3) Collection of taxes from a bond. If a bonded registrant does not 
pay the amount of tax it incurs under section 4041(a)(1) or 4081 by the 
time prescribed in section 6151 for paying that tax, the district 
director may collect the amount of the unpaid tax (including penalties 
and interest with respect to that tax) from the bonded registrant's 
bond.
    (4) Termination of bonds--(i) Surety bonds. A surety on a bond may 
give written notice to the district director and the bonded registrant 
that the surety desires to be relieved of liability under the bond after 
a certain date, which date must be at least 60 days after the receipt of 
the notice by the district director. The surety will be relieved of any 
liability that the bonded registrant incurs after the date named in the 
notice. However, the surety remains liable for the amount of tax that 
the bonded registrant incurred under sections 4041(a)(1) and 4081 during 
the term of the bond and for penalties and interest with respect to that 
tax.
    (ii) Other bonds. A bond (other than a surety bond) given to the 
district director may be returned to the bonded registrant only after 
the earlier of--
    (A) The district director's determination that the bonded registrant 
has paid all taxes that the bonded registrant incurred under sections 
4041(a)(1) and 4081 during the period

[[Page 159]]

covered by the bond and any penalties and interest with respect to the 
taxes;
    (B) The expiration of the period for assessment of the taxes that 
the bonded registrant incurred under sections 4041(a)(1) and 4081 taxes 
during the period covered by the bond, as determined under the 
provisions of subchapter A of chapter 66 of the Internal Revenue Code; 
or
    (C) The date that the district director receives from the registrant 
a substitute bond given under this paragraph (j).
    (5) Determination that bond is no longer required. If the district 
director determines that the bonded registrant meets the adequate 
security test of paragraph (f)(4) of this section without a bond, the 
registrant is to be released from the obligation to give a bond as a 
condition of registration under section 4101.
    (k) Cross references. For a rule relating to the filing of monthly 
and semimonthly returns by certain persons that are registered under 
section 4101, see Sec. 40.6011(a)-1(b)(2) of this chapter. For rules 
relating to the tax on taxable fuel, see Secs. 48.4081-1 through 
48.4083-1. For rules relating to claims by registered ultimate vendors, 
see Sec. 48.6427-9.
    (l) Effective dates. (1) Except as otherwise provided in this 
paragraph (l), this section is applicable as of January 1, 1994.
    (2) Paragraph (c)(1) of this section (relating to persons required 
to be registered) is applicable as of January 1, 1995.
    (3) Paragraph (h)(3)(iii) of this section (relating to certain 
recordkeeping requirements) is applicable as of July 1, 1996.

[T.D. 8659, 61 FR 10459, Mar. 14, 1996; 61 FR 28053, June 4, 1996]





Sec. 48.4101-2  Information reporting.

    (a) In general--(1) Taxable fuel registrants. Each taxable fuel 
registrant must make a return showing--
    (i) The name and registration number (if any) of each person that is 
a position holder at each terminal it operates;
    (ii) The amount of taxable fuel received at each terminal it 
operates;
    (iii) The identity of each position holder with respect to--
    (A) All rack removals of taxable fuel from each terminal it 
operates, and the volume and dates of the removals; and
    (B) In the case of rack removals of diesel fuel, whether the fuel 
was dyed and marked at the operator's terminal in accordance with 
Sec. 48.4082-1;
    (iv) The amount of taxable fuel stored at each terminal it operates;
    (v) The destination (by state) of all taxable fuel removed at a 
terminal rack of each terminal it operates, to the extent such 
information has been provided to the registrant;
    (vi) The name and registration number (if any) of the operator of 
each terminal at which it is a position holder;
    (vii) The volume and date of the removal with respect to all rack 
removals of taxable fuel for which it is the position holder;
    (viii) In the case of nonbulk removals and entries of gasoline 
blendstocks for which it would be liable for tax but for the special 
rule in Sec. 48.4081-4(c), the name and registration number of each 
operator of each refinery and terminal where the gasoline blendstocks 
are received;
    (ix) The name and registration number (if any) of each person to 
which it sells (within the meaning of Sec. 48.4081-1) taxable fuel 
located in the bulk transfer/terminal system;
    (x) The name and registration number of each person from which it 
receives a certificate described in Sec. 48.4081-6(c) (relating to 
certificate of registered gasohol blender);
    (xi) With respect to any liability incurred under Sec. 48.4081-3(e) 
(relating to tax on bulk transfers not received at an approved terminal 
or refinery)--
    (A) The date on which the removal of the taxable fuel from a 
pipeline or vessel gave rise to the liability; and
    (B) The location of the taxable fuel at the time of the removal; and
    (xii) Any other information required by the Commissioner.
    (2) Gasohol blenders. Each registered gasohol blender must make a 
return showing, with respect to each batch of gasohol it produced from 
gasoline it bought at the gasohol production tax rate--
    (i) The name and registration number of the person that sold it the 
gasoline;

[[Page 160]]

    (ii) The date and location of the purchase of the gasoline;
    (iii) The volume of the gasoline;
    (iv) The name, address, and employer identification number of the 
person that sold it the alcohol;
    (v) The date and location of the purchase of the alcohol;
    (vi) The volume and type of the alcohol; and
    (vii) Any other information required by the Commissioner.
    (3) Pipeline and vessel operators. Each operator of a pipeline or 
vessel that makes a bulk transfer of taxable fuel to a terminal or 
refinery must make a return showing--
    (i) The location of the terminal or refinery where the taxable fuel 
was delivered;
    (ii) The date of the delivery; and
    (iii) Any other information required by the Commissioner.
    (b) Form and time of return. Each return required under this section 
must be made at the time and in the form required by the Commissioner.
    (c) Consequences for failure to make a return. For the consequences 
for failing to make an information return required by this section, see 
Sec. 48.4101-1(i) (relating to adverse actions against a registrant) and 
section 6721 (relating to a penalty for failure to file an information 
return).
    (d) Effective date. This section is applicable as of April 1, 1996.

[T.D. 8659, 61 FR 10462, Mar. 14, 1996]





Sec. 48.4102-1  Inspection of records by State or local tax officers.

    (a) Inspection of records maintained by taxpayer. The records that a 
taxpayer is required to keep with respect to the taxes imposed by 
section 4081 or 4091 must be open to inspection by any officer of any 
State or political subdivision thereof, or of the District of Columbia, 
who is charged with the enforcement or collection of any tax on taxable 
fuel or aviation fuel.
    (b) Inspection of records maintained by Internal Revenue Service--
(1) In general. The records maintained by the Internal Revenue Service 
with respect to the taxes imposed by sections 4081 and 4091 shall, upon 
the request of an officer (described in paragraph (b)(2) of this 
section) of a State or political subdivision thereof, or of the District 
of Columbia, be open to inspection by the officer for purposes of 
collection or enforcement.
    (2) Requests for inspection. Requests for inspection under this 
paragraph shall be made in writing, signed by any officer of a State, 
political subdivision, or the District of Columbia, who is charged with 
the enforcement or collection of any tax on taxable fuel or aviation 
fuel imposed by the State, political subdivision, or the District of 
Columbia, and shall be addressed to the director of the Internal Revenue 
Service Center having custody of the records which it is desired to 
inspect. Each such request shall state (i) the kind of records (whether 
pertaining to taxable fuel or aviation fuel) it is desired to inspect, 
(ii) the period or periods covered by the records involved, (iii) the 
name of the officer by whom the inspection is to be made, (iv) the name 
of the representative of the officer who has been designated to make the 
inspection, (v) by specific reference, the law of the State, political 
subdivision, or the District of Columbia imposing the tax which the 
officer is charged with collecting or enforcing, and the law under which 
the officer is so charged, and (vi) the purpose for which the inspection 
is to be made. The service center director will notify the person making 
the request upon approval or disapproval of the request.
    (3) Time and place for inspection. In any case where a request for 
inspection under this paragraph (b) is approved, the inspection shall be 
made in the office of the service center director having custody of the 
records which it is desired to inspect, but only in the presence of an 
internal revenue officer or employee and during the regular hours of 
business of the office.

[T.D. 7908, 48 FR 40222, Sept. 6, 1983, as amended by T.D. 8659, 61 FR 
10462, Mar. 14, 1996]



                             Subpart I--Coal





Sec. 48.4121-1  Imposition and rate of tax on coal.

    (a) Imposition of tax--(1) In general. Section 4121(a) imposes a tax 
on coal mined at any time in this country if the coal is sold or used by 
the producer

[[Page 161]]

after March 31, 1978 (see section 4218 and the regulations under that 
section for rules relating to the use of coal being treated as a sale of 
coal). For purposes of this section, the term ``producer'' means the 
person in whom is vested ownership of the coal under state law 
immediately after the coal is severed from the ground, without regard to 
the existence of any contractual arrangement for the sale or other 
disposition of the coal or the payment of any royalties between the 
producer and third parties. The term includes any person who extracts 
coal from coal waste refuse piles or from the silt waste product which 
results from the wet washing (or similarly processing) of coal. However, 
the excise tax does not apply to a producer who sells the silt waste 
product without extracting the coal from it, or to the producer who uses 
the silt waste product without extracting the coal from it. Furthermore, 
the excise tax does not apply to the sale or use of the silt waste 
product after any coal has been extracted from it.
    (2) Examples. Paragraph (a)(1) of this section may be illustrated by 
the following examples:

    Example (1). A, a limited partnership, is the owner of land on which 
a coal mine is located. A contracts with XYZ Company to extract the coal 
for a set price per ton. XYZ Company is an independent contractor and 
has no ownership interest in the coal mined. Under state law, A is the 
owner of the coal immediately after severance. After XYZ extracts the 
coal from the mine, A sells the coal. A is the producer of the coal and 
is responsible for the payment of the excise tax.
    Example (2). A, a limited partnership, is the owner of land on which 
a coal mine is located. A leases the land to XYZ Company, and XYZ 
Company extracts coal from the mine and sells it. Under state law, XYZ 
is the owner of the coal immediately after the coal is severed from the 
ground. XYZ Company is the producer and must pay the excise tax. This is 
true even though the lease agreement requires XYZ to pay a royalty to A.
    Example (3). XYZ Company purchases a coal waste refuse pile from B 
and extracts the coal from the waste refuse pile and sells the coal. XYZ 
is the producer and must pay the excise tax.
    Example (4). XYZ Company is a producer of coal and operates its own 
cleaning plant. After wet washing the coal, it sells the coal and the 
silt waste product. The sale of the coal is subject to the excise tax 
whereas the sale of the silt is not.
    Example (5). Assume the same facts as in example (4) except that 
before selling the silt waste product XYZ Company extracts a small 
quantity of finely sized coal from the silt waste product and then sells 
both the finely sized coal and the silt waste product. The sale of the 
finely sized coal is subject to the excise tax whereas the sale of the 
silt is not.

    (b) Rate of tax--(1) Underground mines; surface mines. The rate of 
tax imposed on coal from underground mines located in the United States 
is the lower of 50 cents per ton (2,000 pounds), or 2 percent of the 
sale price. The rate of tax imposed on coal from surface mines located 
in the United States is the lower of 25 cents per ton (2,000 pounds) or 
2 percent of the sale price. If a sale or use includes a portion of a 
ton, the tax is applied proportionately. Thus, if 1,200 pounds of coal 
from an underground mine are sold for $35.00, the tax is 30 cents.
    (2) Combination. If a single mine yields coal from both surface and 
underground mining, the producer must determine the rate (50 cents or 25 
cents per ton) for each ton of coal mined: It is presumed that coal is 
mined from underground mines (50 cents per ton) unless the producer 
keeps sufficient records to establish to the satisfaction of the 
Secretary that the coal was mined from a surface mine.
    (c) Exemptions--(1) Lignite or imported coal. The excise tax of coal 
does not apply to lignite or imported coal. Lignite is defined in 
accordance with the standard specification for classification of coals 
by rank of the American Society for Testing and Materials (Annual Book 
of ASTM Standards Part 26, D 388). The procedures specified in D 388 
must be followed. If a producer extracts both taxable coal and lignite, 
then the producer must maintain adequate records to establish the 
portion of the mineral mined that is exempt from the tax. In determining 
whether all or a portion of the mineral extracted is lignite, the 
Service will consider all the facts and circumstances. For example, if a 
producer sells lignite and coal, the Service will examine all the facts 
and circumstances, including

[[Page 162]]

the contract price, contract specifications, and the amount of lignite 
extracted as it compares to the amount of lignite sold.
    (2) Other exemptions not applicable. There are no exemptions for 
sales for further manufacture, for export, for use as supplies for 
vessels or aircraft, for the use of a State or local government, or for 
the use of a nonprofit educational organization. Furthermore, the 
Secretary does not have discretion to exempt sales of coal for use of 
the United States from the tax. There is also no exemption from the coal 
excise tax when the coal is used in further manufacture of another 
article that is subject to manufacturers excise tax. For example, if a 
producer of coal converts coal into gasoline which the producer then 
sells, the producer is liable for the coal excise tax when the coal is 
converted into gasoline and also liable for the manufacturers excise tax 
on gasoline when the gasoline is sold.
    (d) Definitions and special rules--(1) Coal produced from surface 
mine. Coal is treated as produced from a surface mine if all of the 
geological matter (e.g., trees, earth, rock) above the coal is removed 
before the coal is mined. In addition, both coal mined by auger and coal 
that is reclaimed from coal waste refuse piles are treated as produced 
from a surface mine.
    (2) Coal produced from underground mine. Coal is treated as produced 
from an underground mine if it is not produced from a surface mine.
    (3) Coal used by the producer. For purposes of this section, the 
term ``coal used by the producer'' means use by the producer in other 
than a mining process. A mining process is determined the same way it is 
determined for percentage depletion purposes. For example, a producer 
who mines coal does not ``use'' the coal and thereby becomes liable for 
the tax merely because, before selling the coal, the producer breaks it, 
cleans it, sizes it, or applies one of the other processes listed in 
section 613(c)(4)(A) of the Code. In such a case, the producer will be 
liable for the tax only when he sells the coal. On the other hand, a 
producer who mines coal does become liable for the tax when he uses the 
coal as fuel, as an ingredient in making coke, or in another process not 
treated as ``mining'' under section 613(c).
    (4) Tonnage sold and sales price. For purposes of determining both 
the amount of coal sold by a producer and the sales price of the coal, 
the point of sale is f.o.b. mine, or f.o.b. cleaning point if the 
producer cleans the coal before selling it. This is true even if the 
producer sells the coal on the basis of a delivered price. Accordingly, 
f.o.b. mine or cleaning point is the point at which the number of tons 
sold is to be determined for purposes of applying the applicable tonnage 
rate, and the point at which the sales price is to be determined for 
purposes of the tax under the 2 percent rate.
    (5) Constructive sale price. If a producer uses coal mined by the 
producer in other than a mining process, a constructive sale price must 
be used in determining the tax under the 2 percent rate. This 
constructive price is determined under sections 613(c) and 4218(e) of 
the Code, and is based on sales of like kind and grade of coal by the 
producer or other producers made f.o.b. mine (if the coal is used 
without first being cleaned) or f.o.b. cleaning plant (if the coal is 
cleaned before it is used). Normally, this constructive price will be 
the same as the constructive price used in determining the producer's 
percentage depletion deduction.

[T.D. 7726, 45 FR 66453, Oct. 7, 1980; 45 FR 69214, Oct. 20, 1980; T.D. 
8448, 57 FR 48186, Oct. 22, 1992]



                          Subpart J--[Reserved]



                        Subpart K--Sporting Goods

    Source: Sections 48.4161(a)-1 to 48.4161(b)-5 contained in T.D. 
7328, 39 FR 36586, Oct. 11, 1974 unless otherwise noted. Sections 
48.4181-1 to 48.4182-2 contained in T.D. 6454, 25 FR 1774, Mar. 1, 1960, 
unless otherwise noted.
Sec. 48.4161(a)  [Reserved]





Sec. 48.4161(a)-1   Imposition and rate of tax; fishing equipment.

    (a) Imposition of tax. Section 4161(a) imposes a tax on the sale of 
the following articles of fishing equipment (including in each case 
parts or accessories of such articles sold on or in connection therewith 
or with the sale

[[Page 163]]

thereof) by the manufacturer, producer, or importer thereof:
    (1) Fishing rods;
    (2) Fishing creels;
    (3) Fishing reels; and
    (4) Artificial lures, baits, and flies.
The tax applies only to those items of fishing equipment specified in 
section 4161(a) and this paragraph. Therefore, other items of fishing 
equipment, such as fishing nets, lines, hooks, sinkers, gaffs, etc., are 
not subject to the tax. Furthermore, the tax applies only to those 
specified articles of fishing equipment that are designed or constructed 
for use in the sport of fishing. Accordingly, the tax does not apply to 
those articles which, although nominally articles that are specified in 
section 4161(a), are in the nature of toys or novelties that merely 
simulate articles of a type referred to in section 4161(a), and are not 
designed or constructed for practical use in the sport of fishing.
    (b) Rate of tax. Tax is imposed on the sale of the articles 
enumerated in section 4161(a) and paragraph (a) of this section at the 
rate of 10 percent of the price for which such articles are sold. For 
the definition of the term ``price'' see section 4216 and the 
regulations thereunder.
    (c) Liability for tax. The tax imposed by section 4161(a) is payable 
by the manufacturer, producer, or importer making the sale. For 
determining who is the manufacturer, producer, or importer, see 
Sec. 48.0-2(a)(4).

[T.D. 7328, 39 FR 36586, Oct. 11, 1974, as amended by T.D. 8043, 50 FR 
32014, Aug. 8, 1985]





Sec. 48.4161(a)-2   Meaning of terms.

    (a) Fishing rods. The term ``fishing rods'' includes all articles, 
however, designated, that are designed or constructed for use in 
conjunction with a fishing reel for casting a line and hook in the sport 
of fishing. The term does not include any article that is neither 
designed for use in casting, nor suitable for such use. A so-called 
fishing rod ``blank'' is not considered to be a ``fishing rod'' unless 
the blank contains an affixed handle and reel seat, or is sold in the 
form of a kit that contains a rod blank, a handle, and a reel seat.
    (b) Fishing creels. The term ``fishing creels'' includes all 
portable containers, of whatever material made, that are designed for 
storing and carrying fish from the time they are caught until such time 
as they are removed from the container for consumption or preservation. 
The term does not include any article primarily designed for use in the 
commercial fishing industry, or an article such as a collapsible wire 
basket designed to be hung over the side of a boat to keep fish captive 
and alive in the water.
    (c) Fishing reels. The term ``fishing reels'' includes all 
mechanical and electrical devices that contain a spool for dispensing 
and recovering fishing line, and are designed for use with fishing rods 
in casting and in reeling in hooked fish in the sport of fishing. The 
term also includes reels designed for use with bows, in the sport of 
bowfishing.
    (d) Artificial lures, baits, and flies. The term ``artificial lures, 
baits, and flies'' includes all artifacts, of whatever materials made, 
that simulate an article considered edible by fish and are designed to 
be attached to a line or hook to attract fish so that they may be 
captured. Thus, the term includes such artifacts as imitation flies, 
blades, spoons, and spinners, and edible materials that have been 
processed so as to resemble a different edible article considered more 
attractive to fish, such as bread crumbs treated so as to simulate 
salmon eggs, and pork rind cut and dyed to resemble frogs, eels, or 
tadpoles.

[T.D. 7328, 39 FR 36586, Oct. 11, 1974, as amended by T.D. 8043, 50 FR 
32014, Aug. 8, 1985]





Sec. 48.4161(a)-3   Parts and accessories.

    (a) In general. The tax attaches with respect to parts and 
accessories for articles specified in section 4161(a) and 
Sec. 48.4161(a)-1 that are sold on or in connection with such articles, 
or with the sale thereof, at the same rate applicable to the sale of the 
basic articles. The tax attaches in such cases whether or not charges 
for the parts or accessories are billed separately. To be considered a 
part or accessory for an article specified in section 4161(a), an item 
must be either essential to the operation of the specified article, or 
be designed to directly improve the performance of the

[[Page 164]]

specified article, or to improve its appearance. For example, a carrying 
case for a fishing rod is not considered to be a part or accessory for a 
fishing rod, despite the fact that it is designed for use with the rod, 
because it is neither essential to the use of the rod, nor does it in 
any way improve its performance or appearance. A sale of a part or 
accessory which would otherwise be considered a sale ``on or in 
connection with'' the sale of an article taxable under section 4161(a), 
is not subject to tax if the part or accessory is sold as a replacement 
for an identical part or accessory being sold with the taxable article.
    (b) Essential equipment. If taxable articles are sold by the 
manufacturer, producer, or importer thereof, without parts or 
accessories that are essential for their operation, or are designed 
directly to improve the performance or appearnace of the articles, the 
separate sale of the parts accessories to the same vendee will be 
considered, in the absense of evidence to the contrary, to have been 
made in connection with the sale of the basic article, even though the 
parts or accessories are shipped separately at the same time or on a 
different date.

[T.D. 7328, 39 FR 36586, Oct. 11, 1974, as amended by T.D. 8043, 50 FR 
32014, Aug. 8, 1985]





Sec. 48.4161(a)-4   Use considered sale.

    For provisions relating to the tax on use of taxable articles by the 
manufacturer, producer, or importer thereof, see section 4218 relating 
to use by a manufacturer being considered a sale, and the regulations 
thereunder.





Sec. 48.4161(a)-5   Tax-free sales.

    For provisions relating to the tax-free sales of articles referred 
to in section 4161(a) see:
    (a) Section 4221, relating to certain tax-free sales;
    (b) Section 4222, relating to registration;
    (c) Section 4223, pertaining to special rules relating to further 
manufacture; and
    (d) Section 4225, relating to exemption of articles manufactured or 
produced by Indians;

and the regulations thereunder.
Sec. 48.4161(b)  [Reserved]





Sec. 48.4161(b)-1   Imposition and rates of tax; bows and arrows.

    (a) Imposition of tax. Section 4161(b) imposes a tax on the sale of 
the following articles by the manufacturer, producer, or importer 
thereof:
    (1) Any bow that has a draw weight of 10 pounds or more;
    (2) Any arrow that measures 18 inches overall or more in length;
    (3) Any part or accessory (other than a fishing reel) suitable for 
inclusion in or attachment to a bow or arrow described in subparagraph 
(1) or (2) of this paragraph; and
    (4) Any quiver suitable for use with arrows described in 
subparagraph (2) of this paragraph.
    (b) Rate of tax. The tax is imposed on the sale of articles 
enumerated in section 4161(b) and paragraph (a) of this section at the 
rate of 11 percent of the price for which such articles are sold. For 
the definition of the term ``price'', see section 4216 and the 
regulations thereunder.
    (c) Liability for tax. (1) The tax imposed by section 4161(b) is 
payable by the manufacturer, producer, or importer making the sale. For 
determining who is the manufacturer, producer, or importer, see 
Sec. 48.0-2(a)(4).

[T.D. 7328, 39 FR 36586, Oct. 11, 1974, as amended by T.D. 8043, 50 FR 
32014, Aug. 8, 1985]





Sec. 48.4161(b)-2   Meaning of terms.

    (a) For purposes of the tax imposed by section 4161(b), and unless 
otherwise expressly indicated:
    (1) Bows. The term ``bows'' includes all articles made of flexible 
materials, that are designed to be equipped with a string and used for 
the propelling of arrows in the sport of archery (target shooting), or 
in hunting or fishing.
    (2) Arrows. The term ``arrows'' includes all articles designed or 
constructed to be propelled by a bow in the sport of archery (target 
shooting), or in hunting or fishing. The overall length of an arrow is 
to be measured from the point of the tip or arrow-head to the end of the 
arrow nock. In the case of arrows sold by the manufacturer without 
heads, tips, or nocks, the overall length is to include the length of 
the

[[Page 165]]

shaft plus the length of the nock and head or tip that is normally used 
with the particular type of arrow shaft.
    (b) Parts and accessories--(1) In general. ``Parts and accessories'' 
for bows and arrows include all articles (other than fishing reels) 
suitable for inclusion in, or attachment to, a bow or arrow of the type 
described in section 4161(b)(1) and paragraph (a) of this section. 
Examples of parts and accessories for bows are bow handles, bow limbs, 
bow strings, bow string silencers, bow stabilizers, arrow rests, bow 
slings, bow sights, bow levels, bow tip protectors, brush buttons, 
camouflaged bow covers, and all other articles designed to be attached 
to or included in a bow to assist in aiming or propelling an arrow, or 
to protect the bow while in use. Example of parts and accessories for 
arrows are arrow shafts, nocks, tips, heads, head adapters, and 
feathers.
    (2) General purpose materials and articles. General purpose 
materials and articles that are not specifically designed to directly 
improve the performance or appearance of bows or arrows, or to protect 
them while in use, are not considered to be ``parts and accessories'' 
for bows or arrows, even though such materials may be intended, after 
further processing, to be included in or attached to bows or arrows. An 
example of a nontaxable article that is designed for use with a bow, but 
is neither attached to a bow, nor serves a purpose directly related to 
the efficient use of a bow, is a carrying case for a bow. Examples of 
nontaxable general purpose materials or articles are glues and cements, 
feathers before they are prepared for use with arrows, and bowstring 
thread before it is processed into bowstrings. Arrow-shaft material is 
considered to be a taxable part for an arrow, unless the manufacturer, 
producer, or importer can establish that the particular material is 
unsuitable for use in the manufacture of arrows that are subject to the 
tax imposed by section 4161(b)(1)(B). In addition, the term ``parts and 
accessories'' does not include articles in the nature of expendable 
supplies, even though such articles are designed to be applied to, or 
used with, bows or arrows. Examples of such supply materials are 
bowstring wax, and archery powder.
    (c) Quivers. The term ``quivers'' includes all articles, of whatever 
material made, that are designed to contain, and to provide ready access 
to, taxable arrows during the time an archer is engaged in target 
shooting, hunting, or fishing. The term does not include any article 
designed solely for storing or transporting arrows during times when the 
arrows are not in use.





Sec. 48.4161(b)-3   Use considered sale.

    For provisions relating to the tax on use of taxable articles by the 
manufacturer, producer, or importer thereof, see section 4218 relating 
to use by a manufacturer considered a sale, and the regulations 
thereunder.





Sec. 48.4161(b)-4   Tax-free sales.

    For provisions relating to tax-free sales of articles referred to in 
section 4161(b) see:
    (a) Section 4221, relating to certain tax-free sales;
    (b) Section 4222, relating to registration;
    (c) Section 4223, pertaining to special rules relating to further 
manufacture; and
    (d) Section 4225, relating to exemption of articles manufactured or 
produced by Indians;

and the regulations thereunder.





Sec. 48.4161(b)-5   Effective date.

    The taxes imposed by section 4161(b) are effective with respect to 
sales made on and after January 1, 1975.



                          Subpart L--[Reserved]



     Subpart M--Special Provisions Applicable to Manufacturers Taxes





Sec. 48.4216(a)-1  Charges to be included in sale price.

    (a) In general. The ``price'' for which an article is sold includes 
the total consideration paid for the article, whether that consideration 
is in the form of money, services, or other things. See Sec. 48.0-2 (a) 
(5). However, for purposes of the taxes imposed under Chapter 32 certain 
collateral charges made in connection with the sale of a taxable article 
must be included in the

[[Page 166]]

taxable sale price, whereas others may be excluded. Any charge which is 
required by a manufacturer, producer, or importer to be paid as a 
condition of its sale of a taxable article and which is not attributable 
to an expense falling within one of the exclusions provided in section 
4216 or the regulations thereunder is includible in the taxable sale 
price. It is immaterial for this purpose that the charge may be paid to 
a person other than the manufacturer, producer, or importer, or that it 
may be separately billed to the purchaser as a charge earmarked for 
expenses incurred or to be incurred in his behalf, such as charges for 
demonstration or display of the article, for sales promotion programs, 
or otherwise. With respect to the rules relating to exclusion (in the 
case of sales after December 31, 1960) of charges for local advertising 
of a manufacturer's products, see section 4216(e) and Sec. 48.4216(e)-1. 
In the case of sales on credit, a carrying, finance, or service charge 
is excludable from the sale price if it is reasonably related to the 
costs of carrying the deferred portion of the sale price (such as 
interest on the deferred portion of the sale price, expenses of 
bookkeeping necessary to keep the records of such sales, and expenses of 
correspondence and other communication in connection with collection).
    (b) Tools and dies. Separate charges for tools and dies used in the 
manufacture or production of a taxable article are to be included, in 
whole or in part, in the sale price on which the tax is based. It is 
immaterial whether the charges for such items are billed in a lump sum 
or are amortized or allocated to each of the taxable articles. If, at 
the termination of a contract to manufacture taxable articles, the tools 
and dies used in production pass to the purchaser, only the amount of 
depreciation of the tools and dies incurred in production, computed on a 
``production output'' basis, should be included in the sale price. If 
the purchaser furnishes the tools and dies, the amount of the cost 
thereof, to the extent that such cost has been depreciated in the 
production of the taxable articles (computed on a ``production output'' 
basis), shall be included in determining the sale price of the articles 
for purposes of computing the tax. This paragraph applies to sales by 
manufacturers after May 5, 1974.
    (c) Charges for warranty. A charge for a warranty of an article 
which the manufacturer, producer, or importer requires the purchaser to 
pay in order to obtain the article shall be included in the sale price 
of the article on which the tax is computed. On the other hand, a charge 
for a warranty of a taxable article paid at the purchaser's option shall 
not be included in the sale price for purposes of computing tax thereon.
    (d) Charges for coverings, containers, and packing. Any charge by 
the manufacturer, producer, or importer for coverings and containers of 
whatever nature used to pack an article for shipment shall be included 
as part of the sale price for the purpose of computing the tax, whether 
or not the charges are identified as such on the invoice or are billed 
separately. Even though there is an agreement that the manufacturer, 
producer, or importer will repay all or a portion of the charge for the 
coverings or containers upon the return thereof, the full charge 
nevertheless shall be included in the sale price. It is immaterial 
whether the charge made at the time of sale is more or less than the 
actual value of the covering or container. See paragraph (b)(4) of 
Sec. 48.6416(b)-1 for provisions relating to the claiming of a credit or 
refund in the case of a price readjustment due to the return or 
repossession of a covering or container. Packing charges are to be 
included in the sale price whether the charges cover normal packing or 
special packing services, such as for extra protection of the article or 
for odd-lot quantities. This rule shall apply whether the packing 
services are initiated by the manufacturer, producer, or importer or are 
furnished at the request of the purchaser and whether the packing is 
performed by the manufacturer, producer, or importer or by another 
person at his request. If the purchaser supplies packing materials, the 
fair market value of such materials must be included in the tax base 
when computing tax liability on the sale of the article.
    (e) Taxable and nontaxable articles sold as a unit. Where a taxable 
article and a

[[Page 167]]

nontaxable article are sold by the manufacturer as a unit, the tax 
attaches to that portion of the manufacturer's sale price of the unit 
which is properly allocable to the taxable article. For example, where a 
fishing reel (an article subject to tax under section 4161(a)) is 
equipped with a fishing line (a nontaxable article) and the reel and 
line are sold as a unit, the tax imposed by section 4161(a) applies only 
to that portion of the manufacturer's sale price of the unit which is 
properly allocable to the fishing reel. Normally, the taxable portion of 
such a unit may be determined by applying to the manufacturer's sale 
price of the unit the ratio which the manufacturer's separate sale price 
of the taxable article bears to the sum of the sale prices of both the 
taxable and nontaxable articles, if such articles are sold separately by 
the manufacturer. Where the articles (or either one of them) are not 
sold separately by the manufacturer and do not have established sale 
prices, the taxable portion is to be determined from a comparison of the 
actual costs of the articles to the manufacturer. Thus, if the cost of 
the taxable article represents four-fifths of the total cost of the 
complete unit, the tax applies to four-fifths of the price charged by 
the manufacturer for the unit.

[T.D. 7536, 43 FR 13517, Mar. 31, 1978]





Sec. 48.4216(a)-2  Exclusions from sale price.

    (a) Tax--(1) Tax not part of taxable sale price. The tax imposed by 
Chapter 32 of the Code on the sale of an article is not part of the 
taxable sale price of the article. Thus, if a manufacturer computes the 
tax on a sale price which is determined without regard to the tax, and 
it charges the proper tax as a separate item, the amount of tax so 
charged does not become a part of the taxable sale price and no tax is 
due on the tax so charged. Where no separate charge is made as tax, it 
will be presumed that the price charged to the purchaser for the article 
includes the proper tax, and the proper percentage of such price will be 
allocated to the tax.
    (2) Computation of tax. If an article subject to tax at the rate of 
10 percent is sold for $100 and an additional item of $10 is billed as 
tax, $100 is the taxable selling price and $10 is the amount of tax due 
thereon. However, if the article is sold for $100 with no separate 
billing or indication of the amount of the tax, it will be presumed that 
the tax is included in the $100, and a computation will be necessary to 
determine what portion of the total amount represents the sale price of 
the article and what portion represents the tax. The computation is as 
follows:

    Taxable sale price=sale price including tax/100+rate of tax.

Thus, if the tax rate is 10 percent and the sale price including tax is 
$100, the taxable sale price is $90.91 (that is, $100 divided by 
(100+10)), and the tax is 10 percent of $90.91, or $9.09.
    (b) Transportation, delivery, insurance, or installation charges--
(1) Charges incurred pursuant to sale. Charges for transportation, 
delivery, insurance, installation, and other expenses actually incurred 
in connection with the delivery of an article to a purchaser pursuant to 
a bona fide sale shall be excluded from the sale price in computing the 
tax. Such charges include all items of transportation, delivery, 
insurance, installation, and similar expense incurred after shipment to 
a customer begins, in response to the customer's order, pursuant to a 
bona fide sale. However, costs of such nature incurred by a 
manufacturer, producer, or importer in transporting, in the normal 
course of business and for its benefit and convenience, articles from a 
factory or port of entry to a warehouse or other facility (regardless of 
the location of such warehouse or facility) are not considered as being 
incurred in connection with the delivery of an article to a purchaser 
pursuant to a bona find sale, and charges therefor cannot be excluded 
from the sale price in computing tax liability. Similarly, an allowance 
granted by a manufacturer as reimbursement for expenses incurred by the 
purchaser in shipping used articles to the manufacturer for credit 
against the purchase price of taxable articles shall not be excluded 
from the sale price when computing tax due on the sale of the taxable 
articles. In any event, no charge may be excluded from the sale price 
unless the conditions set

[[Page 168]]

forth in subparagraph (2) of this paragraph are complied with. Said 
conditions are prescribed under the authority granted the Secretary or 
his delegate in section 4216(a).
    (2) Only actual expenses to be excluded. Where a separate charge is 
made for transportation or other expenses incurred in connection with 
the delivery of an article to the purchaser pursuant to a bona fide 
sale, there shall be excluded in arriving at the sale price subject to 
tax only that portion of the charge which represents the actual expenses 
incurred for the transportation or other excludible expenses. Where a 
separate charge is less than the actual expense, the difference is 
presumed to be included in the billed price. Such difference, together 
with the separate charge, shall be excluded in arriving at the sale 
price on which the tax is computed. Similarly, where no separate charge 
is made but the manufacturer, producer, or importer incurs an expense of 
the type to which this paragraph has application, the amount of such 
expense actually incurred shall be excluded from the sale price on which 
the tax is computed. Where transportation expense is incurred in 
conjunction with a shipment composed of both taxable and nontaxable 
articles, only the portion of the expense allocable to the taxable 
articles shall be excludible. In general, unless the taxpayer 
establishes to the satisfaction of the district director that another 
method reasonably apportions such freight expense between taxable and 
nontaxable articles, such expense should be apportioned on the basis of 
the relative weights (or, if available, the relative published tariff 
rates applicable to) the taxable and nontaxable articles. Where it is 
not feasible to apportion such expense on the basis of relative weights 
or tariff rates, the expense shall be apportioned on another reasonable 
basis; for example, in the case of a shipment including both taxable and 
nontaxable automotive parts which are subject to the same tariff rate, 
it may be appropriate to apportion the transportation expense on the 
basis of the relative sale prices. A charge for insurance in connection 
with the delivery of an article to a purchaser is considered to 
represent an expense actually incurred only to the extent that an amount 
equivalent to such charge is paid or payable by the manufacturer to a 
person authorized to assume such insurance risk.
    (3) Transportation, delivery, or installation services performed by 
manufacturer. For purposes of computing the taxable sale price of 
articles, it is immaterial whether the transportation, delivery, or 
other services of the type to which this paragraph has application are 
performed by a common carrier or independent agency for or on behalf of 
the manufacturer, producer, or importer, or are performed by the 
manufacturer, producer, or importer with the use of its own vehicles or 
other facilities. Thus, where a manufacturer, producer, or importer 
performs the transportation, delivery, or other services with its 
equipment, tools, employees, etc., the cost of such services allocable 
to the sale of the taxable article shall be excluded. In determining 
whether an expense is an excludible transportation or delivery expense, 
only those expenses incurred by reason of the fact that the purchaser 
accepts delivery at some point other than the manufacturer's place of 
business shall be considered excludible transportation or delivery 
expenses. All expenses incurred in placing an article packed, ready for 
shipment on the loading dock at the manufacturer's factory are not 
excludible transportation or delivery expenses. An allowance granted by 
the manufacturer, producer, or importer to the purchaser for 
transportation, delivery, or other expenses incurred or to be incurred 
by the purchaser in connection with the sale shall be excluded in 
computing the taxable sale price, if charges for similar expenses would 
be excludible if incurred by the manufacturer.
    (4) Records in support of exclusion. Every manufacturer, producer, 
or importer making sales of taxable articles shall keep records which 
will disclose the amount of transportation, delivery, insurance, 
installation or other expense actually incurred by it in connection with 
the delivery of a taxable article to a purchaser pursuant to a bona fide 
sale.
    (c) Other charges. A charge or expense not within the scope of 
paragraph (a)

[[Page 169]]

or (b) of this section, whether or not separately stated, may not be 
excluded in computing the taxable sale price unless it can be shown by 
adequate records that the charge or expense properly is not to be 
included as a manufacturing or selling expense or is in no way 
incidental to placing the article in condition packed ready for 
shipment. Commissions to manufacturers' agents, or allowances, payments, 
or adjustments made to, and for the benefit of, persons other than the 
purchaser may not be excluded or deducted, under any condition, in 
computing the sale price upon which the tax is computed.

[T.D. 7536, 43 FR 13518, Mar. 31, 1978; T.D. 7536, 43 FR 16974, Apr. 21, 
1978]





Sec. 48.4216(a)-3  Other items relating to tax on sale price.

    (a) Exchanges. If, in connection with the sale of an article subject 
to a tax imposed under Chapter 32 on the price for which sold, a 
manufacturer receives from its vendee another article in exchange, the 
tax on the manufacturer's sale shall be computed on the basis of the 
amount allowed for the article received from the vendee, plus any 
additional amount charged the vendee.
    (b) Replacements under warranty. If an article, subject to a tax 
imposed under Chapter 32 on the price for which sold, is returned to the 
manufacturer by reason of the failure of the article under a warranty as 
to its quality or service, and a new article is given by the 
manufacturer, free, or at a reduced price, the tax on the new article 
shall be computed on the actual amount, if any, to be paid to the 
manufacturer for the new article. See paragraph (b)(2) of 
Sec. 48.6416(b)-1 for the circumstances under which the allowance made 
by the manufacturer, producer, or importer upon the return of the first 
article constitutes a price readjustment of the sale price of first 
article and the extent, if any, to which a credit may be allowed, or 
refund made, of the tax paid by the manufacturer, producer, or importer 
on the sale of the first article.
    (c) Readjustments in sale price. Readjustment in sale price (such as 
allowable discounts, rebates, bonuses, etc.) cannot be anticipated. The 
tax must be based upon the original price unless the readjustments have 
actually been made prior to the close of the period for which the tax 
upon the sale is returned. However, if the price upon which the tax was 
computed is subsequently readjusted, credit may be taken against the tax 
due on a subsequent return or a claim for refund filed as provided by 
section 6416(b)(1) and the regulations thereunder.

[T.D. 7536, 43 FR 13519, Mar. 31, 1978]





Sec. 48.4216(b)-1  Constructive sale price; scope and application.

    (a) In general. Section 4216(b) pertains to those taxes imposed 
under Chapter 32 that are based on the price for which an article is 
sold, and contains the provisions for constructing a tax base other than 
the actual sale price of the article, under certain defined conditions.
    (b) Specific applications. (1) Section 4216(b)(1) applies to:
    (i) Arm's-length sales at retail or on consignment, other than those 
sales at retail and to retailers to which section 4216(b)(2) and 
Sec. 48.4216(b)-3 apply; and
    (ii) Sales otherwise than at arm's length, and at less than fair 
market price.
    (2) Section 4216(b)(2) applies generally to arm's-length sales of an 
article at retail or to retailers, or both, where the manufacturer also 
sells the same article to wholesale distributors.
    (3) Section 4216(b)(3) provides a formula for determining a 
constructive sale price for sales of taxable articles between members of 
an affiliated group of corporations (as ``affiliated group'' is defined 
in section 1504(a)) in those instances where the purchasing corporation 
regularly resells to retailers but does not regularly resell to 
wholesale distributors, and except for situations where section 4216(b) 
(4) or (5) applies.
    (4) Section 4216(b)(4) provides a special method for computing a 
constructive sale price for sales of taxable articles between affiliated 
corporations where the purchasing corporation sells only to retailers, 
and the normal method of selling within the industry is for 
manufacturers to sell to wholesale distributors.
    (5) Section 4216(b)(5) provides a special method for computing a 
constructive sale price for sales of articles subject to a tax imposed 
by section 4061(a)

[[Page 170]]

(trucks, buses, tractors, etc.) between affiliated corporations, where 
the purchasing corporation regularly sells such articles in arm's-length 
transactions to independent retailers.
    (c) Definitions. For purposes of section 4216(b) and the regulations 
thereunder and unless otherwise indicated:
    (1) Sale at retail. A ``sale at retail,'' or a ``retail sale'', is a 
sale of an article to a purchaser who intends to use or lease the 
article rather than resell it. The fact that articles are sold in 
wholesale lots, or at wholesale prices, will not change the character of 
such sales as ``sales at retail'' if the purchaser is not engaged in the 
business of reselling such articles, and acquires them for the purpose 
of using them rather than reselling them.
    (2) Retail dealers. A ``retail dealer'', or ``retailer'', is a 
person engaged in the business of selling articles at retail.
    (3) Wholesale distributor. The term ``wholesale distributor'' means 
a person engaged in the business of selling articles to persons engaged 
in the business of reselling such articles.

[T.D. 7613, 44 FR 23824, Apr. 23, 1979]





Sec. 48.4216(b)-2  Constructive sale price; basic rules.

    (a) In general. Section 4216(b)(1) sets forth the conditions that 
require the Secretary to construct a sale price on which to compute a 
tax imposed under Chapter 32 on the price for which an article is sold. 
The section requires a constructive sale price to be established where a 
taxable article is (1) sold at retail, (2) sold while on consignment, or 
(3) sold otherwise than through an arm's-length transaction at less than 
fair market price. See Sec. 48.4216 (b)-2 (c) for the treatment of 
articles taxable under section 4061(a).
    (b) Sales at retail. Section 4216(b)(1)(A) relates to the 
determination of a constructive sale price for sales of taxable articles 
sold at arm's length and at retail. In the case of such sales, the 
constructive sale price is the highest price for which such articles are 
sold to wholesale distributors, in the ordinary course of trade, by 
manufacturers or producers thereof, as determined by the Secretary. If 
the constructive sale price is less than the actual sale price, the 
constructive sale price shall be used as the tax base. If the 
constructive sale price is not less than the actual sale price, the 
actual sale price shall be considered as not less than fair market, and 
shall be used as the tax base. In determining the highest price for 
which articles are sold by manufacturers to wholesale distributors, 
there must be taken into consideration the normal industry practices 
with respect to section 4216 (a) and (f) inclusions and exclusions. 
However, once a constructive sale price has been determined by the 
Secretary or his delegate, no further adjustment of such price shall be 
made. The provisions of section 4216(b)(1)(A) and this paragraph shall 
not apply in those instances where the provisions of section 4216(b)(2) 
and Sec. 48.4216(b)-3 apply.
    (c) Sales of articles taxable under section 4061(a). With respect to 
sales made after December 31, 1978, in the case of an article the sale 
of which is taxable under section 4061(a) and which is sold at retail, 
the tax under this chapter shall be computed on a percentage (as 
determined by the Secretary but not greater than 100 percent) of the 
actual selling price based on the highest price for which such articles 
are sold by manufacturers and producers in the ordinary course of trade. 
The constructive sale price under this section shall be determined 
without regard to any individual manufacturer's or producer's cost.
    (d) Sales on consignment. As in the case of sales at retail, the 
constructive sale price for sales on consignment shall be the price for 
which such articles are sold, in the ordinary course of trade, by 
manufacturers or producers thereof, as determined by the Secretary or 
his delegate. For purposes of section 4216(b)(1)(B) and this paragraph, 
an article is considered to be sold on consignment if it is sold while 
it is on consignment to a person which has the right to sell, and does 
sell, such article in its own name, but never receives title to the 
article from the manufacturer. Ordinarily, the constructive sale price 
of an article sold on consignment is the net price received by the 
manufacturer from the consignee. The provisions of section 4216(b)(1)(B) 
and this paragraph shall

[[Page 171]]

not apply if the provisions of section 4216(b)(2) and Sec. 48.4216(b)-3 
apply.
    (e) Sales not at arm's length. For purposes of section 4216(b)(1)(C) 
and this paragraph, a sale is considered to be made under circumstances 
otherwise than at ``arm's length'' if:
    (1) One of the parties is controlled (in law or in fact) by the 
other, or there is common control, whether or not such control is 
actually exercised to influence the sale price, or
    (2) The sale is made pursuant to special arrangements between a 
manufacturer and a purchaser.

In the case of an article sold otherwise than at arm's length, and at 
less than fair market price, the constructive sale price shall be the 
price for which such articles are sold, in the ordinary course of trade, 
by manufacturers or producers thereof, as determined by the Secretary. 
Once such a constructive sale price has been determined, no further 
adjustment of such price shall be made. See sections 4216(b) (3), (4), 
and (5), and Sec. 48.4216 (b)-4, for specific methods for determining 
constructive sale prices for intercompany sales under certain defined 
conditions.

[T.D. 7613, 44 FR 23825, Apr. 23, 1979; 44 FR 47767, Aug. 15, 1979]





Sec. 48.4216(b)-3  Constructive sale price; special rule for arm's-length sales.

    (a) In general. Section 4216 (b)(2) provides a special rule under 
which a manufacturer shall determine a constructive sale price for his 
sales of taxable articles at retail, and to retail dealers, under 
certain conditions. The rule is applicable where:
    (1) The manufacturer regularly sells such articles at retail, or to 
retailers, or both, as the case may be,
    (2) The manufacturer also regularly sells such articles to one or 
more wholesale distributors in arm's-length transactions, and the 
manufacturer establishes that its prices in such cases are determined 
without regard to any benefit to be derived under section 4216(b)(2),
    (3) The transactions are arm's-length transactions, and
    (4) With respect to articles to which the tax imposed by section 
4061(a) applies (relating to trucks, buses, tractors, etc.), the normal 
method of sales for such articles within the industry is not to sell 
such articles at retail or to retailers, or combinations thereof.

A manufacturer meeting the foregoing requirements shall base its tax 
liability for sales at retail and sales to retailers on the lower of its 
actual sale price or the highest price for which it sells the same 
articles under the same conditions to wholesale distributors.
    (b) Definitions. For purposes of section 4216(b)(2) and this 
section:
    (1) Actual sale price. ``Actual sale price'' means the actual 
selling price of an article determined in the same manner as sale price 
is determined for a taxable sale. Accordingly, such price must reflect 
the inclusions and exclusions set forth in sections 4216 (a) and (f), 
and any price adjustments described in section 6416(b)(1).
    (2) Highest price to wholesale distributors. The ``highest price'' 
charged wholesale distributors for an article by a manufacturer, 
producer, or importer thereof, is the highest price at which the 
manufacturer, producer, or importer sells the article to wholesale 
distributors, determined without regard to quantity. Such price shall be 
determined in the same manner as sale price is determined for a taxable 
sale with respect to sections 4216 (a) and (f) inclusions and 
exclusions; however, since the price is to be a ``highest'' price, no 
further adjustment may be made for price readjustments under section 
6416(b)(1).
    (3) Regular sales. An article is considered to sold ``regularly'' at 
retail or to retailers if sales are made at retail or to retailers 
periodically and recurringly as a regular part of the seller's business. 
If a seller makes only isolated or casual sales of an article at retail 
or to retailers, it is not considered to be selling ``regularly'' at 
retail or to retailers. Similarly, a manufacturer is considered to be 
making regular sales for an article to one or more distributors if it 
sells the article to at least one distributor periodically and 
recurringly as a regular part of its business.
    (4) Normal method of sales in industry. In the absence of a showing 
to the Commissioner of Internal Revenue of a more appropriate manner of 
determining the normal method of sales within

[[Page 172]]

an industry which is practical in application, the normal method of 
sales within an industry shall be regarded as not being at retail or to 
retailers, or both, if the industry dollar volume of sales which are at 
retail or to retailers, or both, is less than half the total industry 
dollar volume of sales at all levels of distribution by manufacturers, 
producers, or importers, including sales to other manufacturers, 
producers, or importers.
    (5) Industry. Each of the following categories of articles upon 
which tax is imposed by section 4061(a) constitutes a separate 
``industry'':
    (i) Taxable automobile trucks (consisting of automobile truck bodies 
and chassis);
    (ii) Taxable automobile buses (consisting of automobile bus bodies 
and chassis);
    (iii) Taxable truck and bus trailers and semitrailers (consisting of 
chassis and bodies of such trailers and semi-trailers); and
    (iv) Taxable tractors of the kind chiefly used for highway 
transportation in combination with a trailer or semi-trailer.
    (6) Application of section 4216(b)(2) to certain sales before June 
22, 1965. In the case of sales before June 22, 1965, of articles then 
taxable under section 4121 (relating to electric, gas, and oil 
appliances), section 4216(b)(2) also applied in the case of a sale of 
such an article to a special dealer. The applicability of section 
4216(b)(2) to such a sale may be determined by inserting ``or to a 
special dealer'' following ``or to a retailer'' in so much of section 
4216(b)(2) as precedes subparagraph (A); by inserting ``or to special 
dealers'' following ``retailers'' in section 4216(b)(2)(A); and by 
inserting ``(other than special dealers)'' after ``wholesale 
distributors'' in section 4216(b)(2)(B) and so much of section 
4216(b)(2) as follows section 4216(b)(2)(D). A ``special dealer'' was a 
distributor of articles taxable under section 4121 who did not maintain 
a sales force to resell the article whose constructive sale price was 
established under section 4216(b)(2) but relied on salesmen of the 
manufacturer, producer, or importer of the article. In the case of sales 
before June 22, 1965, of articles taxable under section 4191 (relating 
to business machines) or section 4211 (relating to matches), section 
4216(b)(2) was applicable in the same manner as in the case of articles 
taxable under section 4061(a). With respect to sales after September 30, 
1972, section 4216(b)(2)(C) applied only to articles taxable under 
section 4061(a), 4191, or 4211. Section 4216(b)(2)(C) was applicable to 
sales before October 1, 1962, of all articles subject to tax under 
Chapter 32.

[T.D. 7613, 44 FR 23825, Apr. 23, 1979]





Sec. 48.4216(b)-4  Constructive sale price; affiliated corporations.

    (a) In general. Sections 4216(b) (3), (4), and (5) establish 
procedures for determining a constructive sale price under section 
4216(b)(1)(C) for sales between corporations that are members of the 
same ``affiliated group'', as that term is defined in section 1504(a).
    (b) Sales to which section 4216(b)(3) applies. Section 4216(b)(3), 
which applies to articles sold after December 31, 1969, provides a 
procedure for determining a constructive sale price under section 
4216(b)(1)(C) in those instances where:
    (1) A manufacturer, producer or importer regularly sells a taxable 
article (other than an article subject to a tax imposed by section 
4061(a) (trucks, buses, etc.)) to a wholesale distributor which is a 
member of the same affiliated group as the manufacturer, producer or 
importer, and
    (2) The wholesale distributor regularly sells such article to one or 
more independent retailers, but does not regularly sell to wholesale 
distributors.

Under such circumstances the constructive sale price for the article 
shall be an amount equal to 90 percent of the lowest price for which the 
distributor regularly sells the article in arm's-length transactions to 
such independent retailers. Once the constructive sale price has been 
determined, no adjustment shall be made for sections 4216 (a) and (f) 
inclusions or exclusions or section 6416(b)(1) price readjustments. If 
both section 4216(b)(3) and section 4216(b)(4) apply with respect to the 
sale of an article, the constructive sale price for such article shall 
be the lower of the prices computed under section 4216(b)(3) and section 
4216(b)(4).

[[Page 173]]

    (c) Sales to which section 4216(b)(4) applies. Section 4216(b)(4), 
which applies to articles sold after December 31, 1969, provides a 
procedure for determining a constructive sale price under section 
4216(b)(1)(C) in those instances where:
    (1) A manufacturer, producer, or importer regularly sells (except 
for tax-free sales) a taxable article only to a wholesale distributor 
which is a member of the same affiliated group as the manufacturer, 
producer, or importer,
    (2) The distributor regularly sells (except for tax-free sales) such 
article only to retail dealers, and
    (3) The normal method of sales for such articles within the industry 
is to sell such articles in arm's-length transactions to wholesale 
distributors.

Section 4216(b)(4) applies with respect to articles taxable under 
section 4061(a) (relating to trucks, buses, etc.) only as to sales after 
December 31, 1969, and before January 1, 1971. Under section 4216(b)(4), 
the constructive sale price of such article shall be the median price at 
which the distributor, at the time of the sale by the manufacturer, 
resells the article to retail dealers, reduced by a percentage of such 
price equal to the percentage which:
    (i) The difference between the median price for which comparable 
articles are sold to wholesale distributors, in the ordinary course of 
trade, by manufacturers of producers thereof, and the median price at 
which such wholesale distributors in arm's-length transactions sell such 
comparable articles to retailers, is of
    (ii) The median price at which such wholesale distributors in arm's-
length transactions sell such comparable articles to retailers.

For purposes of this paragraph, the ``median price'' for which an 
article is sold at a particular level of distribution is the price 
midway between the highest and lowest prices charged vendees at the 
particular level of distribution. Where only one price is charged at a 
level of distribution, ``median price'' is equivalent to ``actual 
price''. All sale prices referred to in paragraphs (b), (c), (d), and 
(e) of this section are prices that must reflect the inclusions and 
exclusions set forth in sections 4216(a) and (f). However, once a 
constructive sale price has been determined under these paragraphs, no 
further adjustment of such price is allowed.
    (d) Application of section 4216(b)(4). The application of section 
4216(b)(4) and paragraph (c) of this section may be illustrated by the 
following example:

    Example. M, a corporation engaged in the manufacture of article X, 
sold 100 of such articles at $10.00 per article to a wholesale 
distributor N, a corporation engaged in the business of selling X 
articles to independent retail dealers. N is a member of the same 
affiliated group of corporations as M. M sells X articles only to N. The 
normal method of manufacturers' sales of X articles in the industry is 
to sell to independent wholesale distributors. N corporation sells X 
articles to retailers for $15.00 each. The price for which comparable X 
articles are sold to wholesale distributors in the ordinary course of 
trade by manufacturers thereof is $12.00 per article. Wholesale 
distributors sell X articles to retailers in the ordinary course of 
trade for $16.00 per article. Under the foregoing facts the constructive 
sale price determined under section 4216(b)(4) and this paragraph is 
$11.25, computed as follows:

                                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
                                                                                                                $16.00-$12.00                           
                                           constructive sale price =         $15.00-<5-line (>$15.00  x        --------------      <5-ln )> = $11.25    
                                                                                                                   $16.00                               
                                                                                                                                                        

    (e) Sales to which section 4216(b)(5) applies. Section 4216(b)(5), 
which applies to articles sold after December 31, 1970, provides a 
procedure for determining a constructive sale price under section 
4216(b)(1)(C) in those circumstances where:
    (1) A manufacturer, producer, or importer of an article subject to a 
tax imposed by section 4061(a) (trucks, buses, etc.) regularly sells 
such article to a wholesale distributor that is a member of the same 
affiliated group of corporations as the manufacturer, producer, or 
importer, and
    (2) Such distributor regularly sells such articles to independent 
retail dealers.


[[Page 174]]


Under such circumstances the constructive sale price of such articles 
shall be 98\1/2\ percent of the lowest price for which such distributor 
regularly sells the article in arms's-length transactions to the 
independent retail dealers. Once the constructive sale price has been 
determined, no adjustment shall be made for section 4216 (a) and (f) 
inclusions or exclusions or section 6416(b)(1) price readjustments.
    (f) Determination of ``lowest price''. (1) In addition to other 
considerations, in determining a ``lowest price'' for purposes of 
section 4216(b) (1), (3), and (5) and Sec. 48.4216(b)-4(b), and 
48.4216(b)-4(e), such price shall be determined:
    (i) Without requiring that a given percentage of sales be made at 
that price (provided that the volume of sales made at that price is 
great enough to indicate that those sales have not been engaged in 
primarily to establish a lower tax base), and
    (ii) Without including any charge for a fixed amount that the 
purchaser has an unconditional right to recover on the basis of a 
contractual arrangement existing at the time of sale.
    (2) For purposes of applying section 4216(b)(1) and Sec. 48.4216(b)-
2, section 4216(b)(6) and this paragraph apply to articles sold after 
June 30, 1962. For purposes of applying section 4216(b)(3) and paragraph 
(b) of this section, section 4216(b)(6) and this paragraph apply to 
articles sold after December 31, 1969. For purposes of applying section 
4216(b)(5) and paragraph (e) of this section, section 4216(b)(6) and 
this paragraph apply to articles sold after December 31, 1970.
    (g) Definitions. For purposes of this section and paragraphs (3), 
(4), and (5) of section 4216(b), the term ``regularly sells'' has the 
same meaning as that accorded the term ``regular sales'' in subparagraph 
(3) of Sec. 48.4216(b)-3(b), and the term ``normal method of sales in 
the industry'' has the same meaning as accorded that term in 
subparagraph (4) of Sec. 48.4216(b)-3(b).

[T.D. 7613, 44 FR 23826, Apr. 23, 1979; 44 FR 47767, Aug. 15, 1979]





Sec. 48.4216(c)-1  Computation of tax on leases and installment sales.

    (a) Leases. When a taxable article is leased by a manufacturer, 
producer, or importer, liability for tax is incurred, except as provided 
by section 4217(b) and Sec. 48.4217-2, on each payment made with respect 
to such lease. Tax is payable on each lease payment as long as the 
article is leased by the manufacturer, producer, or importer. The tax 
payable with respect to each lease payment is a percentage of each 
payment based on the rate of tax, if any, in effect on the date the 
lease payment is due. If the article is subsequently sold by the 
manufacturer, producer, or importer, the tax applies also to such sale, 
without regard to the tax paid when the article was leased. For 
definition of the term ``lease'', see paragraph (a) of Sec. 48.4217-
1(a).
    (b) Installment sales. When a taxable article is sold under an 
installment payment contract with title reserved in the seller, or under 
a conditional sale contract, chattel mortgage arrangement or other 
arrangement creating a security interest with payments to be made in 
installments, tax shall be computed and paid on each payment made by the 
purchaser. The tax payable with each payment is a percentage of each 
payment based on the rate of tax, if any, in effect on the date the 
payment is due. The part of each payment that is subject to tax is that 
portion of the payment equal to the percentage of the total charge for 
the article that is subject to tax. For example, if the total charge for 
the article is $1,000, and of the total amount charged only 90 percent 
thereof, or $900, is subject to tax by reason of exclusions, then only 
90 percent of the installment payment is subject to tax. If the tax base 
is a constructive sale price computed under section 4216(b) that is less 
than the actual sale price of the article, the portion of each payment 
subject to tax is the percentage of such payment equal to the percentage 
that the constructive sale price bears to the actual sale price. For 
example, if an article is sold at retail for $100, and the constructive 
sale price for such an article computed under the provisions of section 
4216(b)(1)(A) is $75, the percentage which the constructive sale price 
bears to the actual sale price is 75 percent. Accordingly, only 75 
percent of each installment payment is subject to tax.

[[Page 175]]

    (c) Sales on credit. Where articles are sold on credit under 
conditions other than those specified in paragraph (b) of this section, 
the entire tax shall be reported and paid with the return covering the 
period in which the sale is made, even though the price may not be paid 
to the manufacturer, producer, or importer until a later date, or not 
paid at all.
    (d) Effective dates of paragraphs (a) and (b) of this section. The 
rules set forth in paragraphs (a) and (b) of this section are effective 
as of June 22, 1965. As in effect before June 22, 1965, section 4216(c) 
required, in the case of a transaction described in section 4216(c) (1), 
(2), (3), or (4), that there be paid upon each payment with respect to 
an article that portion of the total tax which was proportionate to the 
portion of the total amount to be paid represented by such payment.

[T.D. 7536, 43 FR 13519, Mar. 31, 1978]





Sec. 48.4216(d)-1  Sales of installment accounts.

    (a) In general. Except as provided in paragraph (d) of this section, 
in case of a sale or other disposition by a manufacturer, producer, or 
importer of an installment account of the type specified in section 
4216(c), the tax shall not apply to subsequent installment payments on 
such account. Instead, there shall be paid an amount equal to the 
difference between the tax previously paid on such installment account 
and the total tax computed by applying:
    (1) To each installment due before the sale of the installment 
account, the rate of tax applicable at the time payment thereof was due, 
and
    (2) To each installment, the time for payment of which has not 
arrived, the rate of tax which, under the provisions of Chapter 32 as in 
effect on the date of the sale of the installment account, is (or is to 
be) in effect on the date such installment is due.

However, see paragraph (b) of this section if the sale is made in a 
bankruptcy or insolvency proceeding. The tax due under this paragraph 
shall be included in the return for the period in which the account is 
sold.
    (b) Sale in bankruptcy or insolvency proceeding. In the case of a 
sale of an installment account of a manufacturer, producer, or importer 
pursuant to the order of, or subject to the approval of, a court of 
competent jurisdiction in a bankruptcy or insolvency proceeding, the 
amount of tax due shall be computed and paid as provided in paragraph 
(a) of this section but shall not exceed the amount of tax computed by 
multiplying (1) the proportionate share of the amount for which such 
accounts are sold which is allocable to each unpaid installment payment, 
by (2) the rate of tax which, under the provisions of chapter 32 as in 
effect on the date of the sale of the installment account, is (or is to 
be) in effect on the date such payment is due.
    (c) Collection of installment accounts on behalf of the 
manufacturer. Where a manufacturer, producer, or importer retains title 
to an installment account but turns it over to another person for 
collection on a fee basis, no sale of such account (or other disposition 
as contemplated in section 4216(d)) has been made. The tax shall 
continue to be paid as provided by section 4216(c).
    (d) Returned installment accounts. Where an installment account 
which has been sold or otherwise disposed of is returned to the 
manufacturer, producer, or importer who sold it under an agreement under 
which the account was sold, and credit or refund has been allowed under 
section 6416(b)(5) and the regulations thereunder, the manufacturer, 
producer, or importer shall pay tax as provided by section 4216(c) and 
Sec. 48.4216(c)-1 on any subsequent payments made on such returned 
installment account until such time as there shall have been paid the 
total tax liability with respect to the account as computed under 
paragraph (a) of this section.
    (e) Limitation. The sum of the amounts payable under this section 
and Sec. 48.4216(c)-1 on an installment account shall not exceed the 
total amount of tax which would be payable if such installment account 
had not been sold or otherwise disposed of (computed as provided in 
subsection (c)).
    (f) Applicability of paragraphs (a) and (b) of this section. The 
rules set forth in paragraphs (a) and (b) of this section

[[Page 176]]

apply in the case of installment accounts sold after June 21, 1965. In 
the case of installment accounts sold before June 22, 1965, paragraph 
(b) of this section shall be applied by substituting, in lieu of 
subparagraph (2) thereof, ``the rate of tax, as set forth in chapter 32 
of the Code, which applied on the day on which the transaction giving 
rise to such installment accounts took place.''

[T.D. 7536, 43 FR 13520, Mar. 31, 1978]





Sec. 48.4216(e)-1   Exclusion of local advertising charges from sale price.

    (a) In general. Section 4216(e) deals with the treatment to be 
accorded charges made by a manufacturer for, and reimbursements by a 
manufacturer of expenditures in connection with, the advertising of 
certain articles subject to excise tax under chapter 32 of the Code. 
Section 4216(e) provides an exclusion (which is in addition to the 
exclusions provided by section 4216(a) and the regulations thereunder) 
in respect of charges for local advertising, as defined in paragraph (b) 
of this section, for purposes of determining the price for which an 
article is sold. See paragraph (c) of this section. The exclusion 
provided by section 4216(e) and paragraph (c) of this section has 
application only if:
    (1) In the case of articles sold during the period January 1, 1961, 
through December 31, 1962, the advertising is broadcast over a radio or 
television station, or appears in a newspaper; and
    (2) In the case of articles sold on or after January 1, 1963, the 
advertising is broadcast over a radio or television station, appears in 
a newspaper or magazine, or is displayed by means of an outdoor 
advertising sign or poster.

Section 4216(e) also provides an overall limitation in respect of the 
sum of the amount of the exclusions from price as charges for local 
advertising and the amount of the readjustments authorized under section 
6416(b)(1) (relating to credits or refunds for price readjustments) in 
respect of reimbursements by a manufacture of expenditures for local 
advertising. See Sec. 48.4216(e)-2. For provisions prohibiting exclusion 
from price or readjustment of price in respect of charges for, and 
reimbursements of expenditures for, advertising other than local 
advertising, see Sec. 48.4216(e)-3.
    (b) Definition of local advertising-- (1) In general. For purposes 
of the regulations under sections 4216(e) and 6416(b)(1), the term 
``local advertising'' means advertising which relates to an article with 
respect to which tax is imposed under Chapter 32 of the Code on the 
price for which sold and which:
    (i) Is initiated or obtained by the purchaser or any subsequent 
vendee,
    (ii) Names the article for which the price is determinable under 
section 4216 and states the location at which such article may be 
purchased at retail, and
    (iii) (a) In the case of articles sold on or after January 1, 1961, 
and before January 1, 1963, is broadcast over a radio station or 
television station or appears in a newspaper, or
    (b) In the case of articles sold on or after January 1, 1963, is 
broadcast over a radio station or television station, appears in a 
newspaper or magazine, or is displayed by means of an outdoor 
advertising sign or poster.
    (2) Initiating or obtaining advertising. For purposes of 
subparagraph (1) of this paragraph, the advertising must be initiated or 
obtained by one or more of the persons in the chain of distribution of 
the article (wholesale distributor, jobber, dealer, etc.) who purchased 
the article for resale. For purposes of this subparagraph, the 
manufacturer is not considered to be one of the persons in the chain of 
distribution of the article. In general, advertising of an article is 
considered to be initiated or obtained by one or more persons in the 
chain of distribution of the article if any such person:
    (i) Takes an active part in the actual planning and development, or 
in the arrangements or negotiations leading to the development, of the 
form and content of the advertising, or
    (ii) Contracts for the placement of the advertising.

The participation by the manufacturer of the article in the planning, 
development, or placement of the advertising is immaterial provided the 
advertising is in fact initiated or obtained by one or more persons in 
the chain of distribution of the article. Furthermore,

[[Page 177]]

it is immaterial whether or not the advertising is subject to the 
approval of the manufacturer of the article. However, if no person in 
the chain of distribution of the article takes an active part in the 
actual planning and development, or in the arrangements or negotiations 
leading to the development, of the form and content of the advertising, 
but, rather, all such planning, development, arrangements, and 
negotiations are accomplished by the manufacturer of the article, then 
such manufacturer is considered to have initiated the advertising, and 
if he also contracts for the placement of the advertising, such 
advertising does not qualify as ``local advertising''.
    (3) Identification of article and sales location. To meet the 
requirements of subparagraph (1) of this paragraph, the advertising must 
identify the article for which the price is determinable under section 
4216 and give the location or locations at which the article may be 
purchased at retail. All products taxable at the same rate under the 
same section of chapter 32 of the Code shall be considered to be an 
``article'' for purposes of the preceding sentence. No specific method 
or means of identification is prescribed. The identification of the 
article may be made through the use of the name of the manufacturer or 
the use of an established trade-mark, such as a seal, picture, letter or 
letters, etc., or a combination thereof. The advertising must identify 
the particular retail establishment or establishments at which the 
article may be purchased at retail but need not specify the location of 
any such establishment in terms of the number by which the premises are 
designated or the name of the street on which the retail premises are 
situated. However, the location of the retail premises must be described 
sufficiently, as, for example, by reference to a particular named 
shopping area or shopping center, to enable consumers to find the retail 
establishment.
    (4) Determination of costs of local advertising. Where an 
advertisement identifies more than one article, and all such articles 
are not taxable, or are not taxable at the same rate under the same 
section of Chapter 32 of the Code, a reasonable allocation of the cost 
of the advertisement must be made among (i) articles taxable at the same 
rate under the same section of the Code and (ii) articles which are not 
taxable under Chapter 32 of the Code. For example, in the case of a 
single page newspaper or magazine advertisement, an allocation of costs 
reflecting the lineage or space devoted to the specified categories will 
be considered to reflect a reasonable allocation of the cost of 
advertising the different articles. As a general rule, only the cost of 
the ``spot'' portion identifying the retail establishment is considered 
``local advertising'' in the case of national television or radio 
programs.
    (5) Meaning of ``newspaper''. The term ``newspaper'', as used in 
subparagraph (1) of this paragraph, is limited to those publications 
which are commonly understood to be newspapers and which are printed and 
distributed periodically at daily, weekly, or other short intervals for 
the dissemination of news of a general character and of a general 
interest. The term does not include handbills, circulars, flyers, or the 
like, unless printed and distributed as a part of a publication which 
constitutes a newspaper within the meaning of this subparagraph. Neither 
does the term include any publication which is issued to supply 
information on certain subjects of interest to particular groups unless 
such publication otherwise qualifies as a newspaper within the meaning 
of this subparagraph. For purposes of this subparagraph, advertising is 
not considered to be news of a general character and of a general 
interest.
    (6) Meaning of ``magazine''. The term ``magazine'', as used in 
subparagraph (1) of this paragraph, is limited to those publications 
which are (i) commonly understood to be magazines, (ii) printed and 
distributed periodically at least twice a year, and (iii) published for 
the dissemination of information of a general nature or of special 
interest to particular groups. The term does not include handbills, 
circulars, flyers or the like, unless printed and distributed as a part 
of a publication which constitutes a magazine within the meaning of this 
subparagraph. For purposes of this subparagraph, advertising is not

[[Page 178]]

considered to be information of a general nature or information of 
special interest to particular groups within the contemplation of 
subdivision (iii) of this subparagraph.
    (7) Meaning of ``outdoor advertising sign or poster''. The term 
``outdoor advertising sign or poster'', as used in subparagraph (1) of 
this paragraph, means a sign or poster displaying advertising matter, 
which is located outside of a roofed enclosure. This term includes both 
signs or posters on billboards, whether placed on or affixed to land, 
buildings, or other structures, and those which are displayed on or 
attached to moving objects, provided the signs or posters are located 
outside of a roofed enclosure. The term ``roofed enclosure'' means a 
roof structure which is enclosed on more than one-half of its sides by 
walls, fences, or other barriers.
    (c) Exclusion--(1) Conditions and limitations. A charge for local 
advertising which is required by a manufacturer to be paid as a 
condition to his sale of an article is not a part of the taxable price 
of the article, to the extent that such charge meets each of the 
following conditions and limitations:
    (i) Such charge does not exceed 5 percent of the difference between 
(a) an amount which would constitute to taxable price of the article 
(computed at the time of the sale of the article) if no part of any 
charge for local advertising were excludable in computing taxable price 
and (b) the amount of any separate charge for local advertising, 
whatever the amount of such charge may be,
    (ii) Such charge is specifically shown as a separate charge for 
local advertising on the invoice or statement covering the sale of the 
article.
    (iii) Such charge is billed by the manufacturer with the intention 
on his part of repaying the amount of the charge to the person 
purchasing the article from him, or to any person who subsequently 
purchases the article for resale, in reimbursement of costs incurred or 
local advertising of such article or some other article or articles 
taxable at the same rate under the same section of the Code. In the 
absence of evidence to the contrary, the fact of such intention will be 
assumed in all cases where the manufacturer and his vendees are parties 
to an advertising plan which calls for such repayments, or the 
manufacturer can otherwise establish that the vendees to whom he bills 
such charges understand and expect that such repayments will be made.
    (2) When exclusion ceases to apply. To the extent that charge for 
local advertising meets the conditions and limitations stated in 
subparagraph (1) of this paragraph, such charge is excludable in 
computing the taxable price of the article in respect of which the 
charge was made. However, the exclusion will cease to apply in respect 
of any part of such charge which the manufacturer fails to repay, before 
May 1 of the calendar year following the calendar year in which the 
article was sold, to the person who purchased the article from him, or 
to some other person who subsequently purchases the article for resale, 
in reimbursement of costs incurred for local advertising of such article 
or some other article or articles taxable at the same rate under the 
same section of the Code. If, before such May 1, any part of the charge 
so excluded has not been so repaid, the manufacturer becomes liable for 
tax on such May 1 in the same manner as if an article taxable under such 
section of the Code had been sold by him on such May 1 at a taxable 
price equivalent to that part of the charge not so repaid. However, see 
paragraph (c)(2) of Sec. 48.6416(b)-1, relating to price readjustments 
in cases where local advertising charges are not repaid before such May 
1 but are subsequently paid over by the manufacturer to his vendees in 
reimbursement of costs for local advertising. For provisions relating to 
the method of determining whether a payment by a manufacturer is or is 
not attributable to an excluded local advertising charge, see paragraph 
(b)(3) of Sec. 48.4216(e)-2. In any case where the payment is determined 
to be attributable to such a charge, the date of the sale in connection 
with which the charge was made shall be determined on a first-in-first-
out basis in respect of the vendee to whom the charge was billed by the 
manufacturer.
    (d) Examples. The application of this section may be illustrated by 
the following examples:


[[Page 179]]


    Example (1). During the first calendar quarter of 1961, a 
manufacturer sold refrigerators to one of his distributors at a total 
charge of $10,500, exclusive of tax, transportation charges, delivery 
charges, or other charges which are excludable in computing taxable 
price pursuant to section 4216(a). This total charge of $10,500 was 
billed as follows:

Refrigerators...............................................     $10,000
Local advertising charge....................................         500
                                                             -----------
  Total charge..............................................      10,500
                                                                        

At the time of the manufacturer's sales of the refrigerators, it was his 
intention, in accordance with the agreement between him and the 
distributor, to make repayment to the distributor of the local 
advertising charge, to the extent of expenditures by the distributor for 
radio, television, or newspaper advertising specifically naming 
refrigerators or other articles taxable at the same rate under section 
4111 which were manufactured by the manufacturer, and giving the 
location of various retail stores within the distributor's territory 
where such articles may be purchased. Pursuant to such agreement, the 
selection of the advertising medium to be employed is to be made by the 
distributor, who is to plan the advertising subject to approval by the 
manufacturer, and contract for its placement. In this example, the 
advertising for which the charge is made qualifies as local advertising, 
the charge is billed to the manufacturer's vendee as a separate charge, 
the manufacturer intends to repay the charge to his vendee in 
reimbursement of costs incurred by the vendee for local advertising, and 
the charge does not exceed 5 percent of $10,000. Accordingly, the 
manufacturer's charge of $500 for local advertising is not includible in 
the taxable price of the refrigerators for purposes of computing and 
paying the tax imposed by section 4111.
    Example (2). Assume the same facts as those stated in Example (1), 
and assume further that prior to May 1, 1962, the manufacturer has 
repaid to the distributor, in reimbursement of local advertising 
expenses incurred by the distributor in connection with refrigerators or 
other articles taxable at the same rate under section 4111 sold to him 
by the manufacturer, $400 of the $500 billed as a local advertising 
charge by the manufacturer in connection with his sale of refrigerators 
to the distributor in the first quarter of 1961. The manufacturer is 
liable, as of May 1, 1962, for tax in respect of the $100 which has not 
been repaid to the distributor. The amount of the tax is determinable at 
the rate in effect under section 4111 on May 1, 1962, in respect of 
refrigerators and is includible in the manufacturer's return of tax 
under such section for the second quarter of 1962.
    Example (3). During the first calendar quarter of 1961, a 
manufacturer sold refrigerators to one of his distributors at a total 
charge of $11,000, exclusive of tax, transportation charges, delivery 
charges, or other charges which are excludable in computing taxable 
price under section 4216(a). This total charge of $11,000 was billed as 
follows:

Refrigerators...............................................     $10,000
Local advertising charge....................................       1,000
                                                             -----------
  Total charge..............................................      11,000
                                                                        

At the time of the manufacturer's sales of the refrigerators, it was his 
intention, in accordance with the terms of a cooperative advertising 
plan to which the manufacturer and the distributor were parties, to make 
repayment to the distributor of the local advertising charge. Pursuant 
to the plan, the repayment would be made to the extent of expenditures 
by the distributor for radio, television, or newspaper advertising, 
initiated or obtained by him, specifically naming refrigerators or other 
articles taxable at the same rate under section 4111 which were 
manufactured by the manufacturer, and giving the location of various 
retail stores within the distributor's territory where such articles may 
be purchased. In this example, only $500 of the manufacturer's charge of 
$1,000 for local advertising may be excluded in determining the taxable 
price of the refrigerators for purposes of reporting and paying the tax 
imposed by section 4111. The remaining $500 may not be excluded in 
computing the taxable price of the refrigerators since this is the 
amount by which the $1,000 local advertising charge exceeds 5 percent of 
$10,000. Thus, the taxable price of the refrigerators in this example is 
$10,500.
    Example (4). Assume the same facts as those stated in Example (1), 
except that, pursuant to the agreement between the manufacturer and the 
distributor, the manufacturer is to contract for the placement of the 
local advertising. Payment of the $500 local advertising charge is to be 
made by the manufacturer to the person with whom the advertising is 
placed in satisfaction of the manufacturer's contractual liability to 
such person. Under these circumstances, the manufacturer's payment of 
the $500 charge to the person with whom the advertising is placed does 
not constitute a refund to the purchaser in reimbursement of costs 
incurred for local advertising.

[T.D. 6635, 28 FR 1201, Feb. 7, 1963, as amended by T.D. 6686, 28 FR 
11410, Oct. 24, 1963. Redesignated and amended by T.D. 7536, 43 FR 
13520, Mar. 31, 1978]





Sec. 48.4216(e)-2   Limitation on aggregate of exclusions and price readjustments.

    (a) In general. The sum of the amount excluded from taxable price in 
respect

[[Page 180]]

of charges for local advertising, as provided in section 4216(e)(1) and 
Sec. 48.4216(e)-1, plus the amount of the readjustments for which 
credits or refunds may be claimed in respect of local advertising, as 
provided in section 6416(b)(1) and paragraph (c) of Sec. 48.6416(b)-1, 
is subject to an over-all 5 percent limitation. This limitation applies 
to each manufacturer, as of the close of each calendar quarter, in 
respect of all articles taxable under the same section of Chapter 32 
which were sold by such manufacturer in such quarter (and the preceding 
quarter of quarters, if any, in the calendar year). For example, a 
manufacturer selling articles taxable under section 4061 (relating to 
automobiles, trucks, buses, etc.), and also selling articles taxable 
under section 4111 (relating to refrigerators, quick-freeze units, 
etc.), who makes separate charges for local advertising in connection 
with his sales, or who makes reimbursement of local advertising expenses 
to his vendees out of moneys previously included in taxable price, in 
respect of any one or more articles in each of the two groups must apply 
the limitation separately in relation to the articles taxable under 
section 4061 and in relation to the articles taxable under section 4111. 
However, in such case, no breakdown of the separate articles taxable 
under section 4061, or of the separate articles taxable under section 
4111, is required.
    (b) Computation of over-all 5 percent limitation--(1) In general. 
The limitation prescribed by section 4216(e)(2) (the ``over-all 5 
percent limitation'' referred to in paragraph (a) of this section) as to 
the total of the exclusions from price and readjustments of price which 
may be claimed for local advertising in respect of all articles taxable 
under the same section of Chapter 32 of the Code shall be computed as of 
the close of each calendar quarter of the calendar year. The over-all 5 
percent limitation is 5 percent of the difference between (i) the amount 
which would constitute the total taxable price (computed at the time of 
sale) of all articles taxable under the same section of Chapter 32 of 
the Code sold by the manufacturer during the elapsed calendar quarters 
of the calendar year, if no part of any charge for local advertising 
were excludable in computing taxable price, and (ii) the total of all 
amounts billed as separate charges for local advertising of such 
articles (whatever the amount of any single charge of the total of all 
charges). In making the computations under subdivisions (i) and (ii) of 
this subparagraph, credits or refunds under section 6416(b) of tax paid 
on the sale of any such articles are to be disregarded and articles sold 
tax-free by the manufacturer are to be excluded. The amount by which the 
over-all 5 percent limitation computed as of the close of a particular 
calendar quarter in respect of articles taxable under the same section 
of the Code exceeds the sum of the charges for local advertising 
excluded in computing the taxable price and the amount of reimbursements 
for local advertising of such articles made during the elapsed calendar 
quarters of the calendar year, in respect of which credit or refund has 
been claimed, represents the unused portion of the over-all 5 percent 
limitation. Such unused portion is the maximum amount of reimbursements 
for local advertising in respect of which credit or refund may be 
claimed at the close of the particular calendar quarter, subject to the 
applicable conditions and limitations governing the right to claim a 
credit or refund in respect of local advertising (see Sec. 48.6416(b)-
1). The unused portion of the over-all 5 percent limitation as of the 
close of the fourth calendar quarter of a calendar year in respect of 
which credit or refund may not be claimed as of the close of such 
quarter must be disregarded in computing the over-all 5 percent 
limitation for any subsequent calendar quarter. Moreover, the amount of 
any reimbursements for local advertising made by a manufacturer in a 
calendar year which is in excess of the amount of such reimbursements in 
respect of which credit or refund may be claimed, within the over-all 
limitation, as of the close of the calendar year, may not subsequently 
serve as the basis for a credit or refund.
    (2) Alternative method of computation in certain cases. If during 
the portion of the calendar year ending with the date as of which the 
over-all 5 percent limitation is being computed the amount of the local 
advertising charge separately billed by the manufacturer has not, in

[[Page 181]]

respect of any sale of any articles taxable under the same section of 
Chapter 32 of the Code, exceeded the amount excludable pursuant to 
paragraph (c) of Sec. 48.4216(e)-1 in computing taxable price, the over-
all 5 percent limitation as of the close of a particular calendar 
quarter in respect of articles taxable under such section is 5 percent 
of the total taxable price (computed at the time of the sale) of all 
such articles sold taxpaid during the calendar year.
    (3) Allocation of amounts paid in reimbursement of expenditures for 
local advertising. If a manufacturer makes contributions to a local 
advertising program in connection with which he makes excludable local 
advertising charges, it is necessary that reimbursements by the 
manufacturer for local advertising be attributed to the charges for 
local advertising, to the manufacturer's contributions, or allocated 
between them. Whether an amount paid by a manufacturer in reimbursement 
of expenses for local advertising is or is not a repayment of a local 
advertising charge which was excluded from taxable price under section 
4216(e)(1) and Sec. 48.4216(e)-1, shall be determined on the basis of an 
allocation made under the agreement between the manufacturer and his 
vendee (or any subsequent vendee).
    (c) Examples. The application of paragraphs (a) and (b) of this 
section may be illustrated by the following examples:

    Example (1). During the first and second calendar quarters of 1961, 
a manufacturer makes sales of articles taxable under section 4111 to his 
distributors. The total charges for such sales, exclusive of the tax, 
transportation charges, delivery charges, or other charges which are 
excludable, pursuant to section 4216(a), in computing taxable price, are 
as follows:

                              First Quarter                             
Articles taxable under section 4111.........................    $100,000
Local advertising charges...................................       3,000
                                                             -----------
  Total charge..............................................    $103,000
                                                                        


                             Second Quarter                             
Articles taxable under section 4111.........................    $150,000
Local advertising charges...................................       4,000
                                                             -----------
  Total charge..............................................    $154,000
                                                                        

Assume further that the manufacturer contributes to the advertising plan 
and that the manufacturer pays $5,500 and $1,000 during the first and 
second calendar quarters of 1961, respectively, to his distributors in 
reimbursement of expenses incurred by them for local advertising of the 
articles purchased from the manufacturer.

            Computation as of close of first calendar quarter           
1. Amount which would constitute total taxable price                    
 (computed at time of sale) if not part of any charge for               
 local advertising were excludable in computing taxable                 
 price......................................................    $103,000
2. Amounts billed as separate charges for local advertising.       3,000
                                                             -----------
3. Difference...............................................    $100,000
4. Over-all 5 percent limitation (5 percent of item 3)......      $5,000
5. Amount excluded in computing taxable price...............       3,000
                                                             -----------
6. Unused portion of limitation.............................      $2,000
7. Allocation, pursuant to agreement, or $5,500 paid to                 
 distributors:                                                          
    Charges for local advertising...........................      $3,000
    Contributions by manufacturer...........................       2,500
                                                                        

Readjustment may be claimed in respect of that portion of the total 
amount repaid to the distributors which is allocated to the 
manufacturer's contribution ($2,500) to the extent that such portion 
does not exceed the unused portion of the over-all 5 percent limitation 
($2,000). Accordingly, as of the close of the first calendar quarter the 
manufacturer may claim credit or refund in respect of a readjustment or 
price in the amount of $2,000.

           Computation as of close of second calendar quarter           
1. Amount which would constitute total taxable price                    
 (computed at time of sale) if not part of any charge for               
 local advertising were excludable in computing taxable                 
 price $103,000+ $154,000)..................................    $257,000
2. Amounts billed as separate charges for local advertising             
 ($3,000+$4,000)............................................       7,000
                                                             -----------
3. Difference...............................................    $250,000
4. Over-all 5 percent limitation (5 percent of item 3)......     $12,500
5. Amount excluded in computing taxable price                           
 ($3,000+$4,000) plus readjustment claimed at end of first              
 calendar quarter ($2,000)..................................       9,000
                                                             -----------
6. Unused portion of limitation.............................      $3,500
7. Allocation, pursuant to agreement, of $6,500                         
 ($5,500+$1,000) paid to distributors:                                  
    Charges for local advertising...........................      $3,500
    Contributions by manufacturer...........................       3,000
                                                                        


[[Page 182]]

Although the total reimbursements for local advertising expenses 
attributable to contributions by the manufacturer ($3,000) does not 
exceed the unused portion of the over-all 5 percent limitation ($3,500), 
the manufacturer having taken, at the close of the first calendar 
quarter, a price readjustment in the amount of $2,000 in respect of his 
contributions is entitled at the close of the second calendar quarter to 
claim credit or refund in respect of a price readjustment in the amount 
of $1,000 ($3,000-$2,000).
    Example (2). During the first calendar quarter of 1961, a 
manufacturer sold articles taxable under section 4111 to his 
distributors at a total charge of $106,000, exclusive of the tax, 
transportation charges, delivery charges, or other charges which are 
excludable, pursuant to section 4216(a), in computing taxable price. 
This total charge of $106,000 was billed as follows:

Articles taxable under section 4111.........................    $100,000
Local advertising charges...................................       6,000
                                                             -----------
    Total charge............................................    $106,000
                                                                        

Assume further that the manufacturer contributes to the advertising plan 
and that the manufacturer pays $3,000 during the first calendar quarter 
of 1961 to his distributors in reimbursement of expenses incurred by 
them for local advertising of the articles purchased from the 
manufacturer.

            Computation as of close of first calendar quarter           
1. Amount which would constitute total taxable price                    
 (computed at time of sale) if not part of any charge for               
 local advertising were excludable in computing taxable                 
 price......................................................    $106,000
2. Amounts billed as separate charges for local advertising.       6,000
                                                             -----------
3. Difference...............................................    $100,000
                                                             -----------
4. Over-all 5 percent limitation (5 percent of item 3)......      $5,000
5. Amount excluded in computing taxable price (see paragraph            
 (c) of Sec.  48.4216(e)-1).................................       5,000
                                                             -----------
6. Unused portion of limitation.............................          $0
                                                             -----------
7. Allocation, pursuant to agreement, of $3,000 paid to                 
 distributors:                                                          
    Charges for local advertising...........................      $2,000
    Contributions by manufacturer...........................       1,000
                                                                        

Credit or refund may not be claimed in respect of that portion of the 
total amount repaid to the distributors ($3,000) which is allocated to 
the manufacturer's contribution ($1,000) since the amount excluded in 
computing taxable price is equal to the over-all 5 percent limitation.

[T.D. 6635, 28 FR 1203, Feb. 7, 1963. Redesignated and amended by T.D. 
7536, 43 FR 13520, Mar. 31, 1978]





Sec. 48.4216(e)-3   No exclusion or readjustment for other advertising charges or reimbursements.

    (a) Exclusions from price. No exclusion in computing the taxable 
price of any article sold by the manufacturer may be allowed in respect 
of any charge for advertising if, and to the extent that, such charge:
    (1) Is for advertising which does not qualify as local advertising 
within the meaning of section 4216(e)(4) and paragraphs (a) and (b) of 
Sec. 48.4216(e)-1, or
    (2) Does not satisfy all of the conditions and limitations stated in 
section 4216(e)(1) and paragraph (c) of Sec. 48.4216(e)-1.
    (b) Readjustments of price. No credit or refund under section 
6416(b)(1) may be allowed in respect of any amount which was included in 
the taxable price of an article sold by the manufacturer and which was 
later paid by him to his vendee in reimbursement of costs incurred for 
advertising, if, and to the extent that, the amount so paid:
    (1) Is for advertising which does not qualify as local advertising 
within the meaning of section 4216(e)(4) and paragraph (b) of 
Sec. 48.4216(e)-1, or
    (2) Is not within the limitation provided in section 4216(e)(2), as 
computed in accordance with Sec. 48.4216(e)-2, as of the close of the 
calendar quarter in which the amount is so paid over or as of the close 
of any subsequent calendar quarter in the same calendar year. See, 
however, paragraph (c)(2)(ii) of Sec. 48.6416(b)-1, relating to 
redetermination of price readjustments in cases where local advertising 
charges excluded from taxable price in one calendar year become taxable 
as of May 1 of the following calendar year.

[T.D. 6686, 28 FR 11411, Oct. 24, 1963. Redesignated and amended by T.D. 
7536, 43 FR 13521, Mar. 31, 1978]





Sec. 48.4216(f)-1  Value of used components excluded from price of certain trucks.

    For purposes of the tax imposed by section 4061(a)(1) (relating to 
trucks, buses, etc.), in determining the price for which an article is 
sold, the value of any previously used component of such article shall 
be excluded from the price if the person furnishing the component is the 
first user of the finished

[[Page 183]]

article. For example, where a manufacturer builds a truck for a customer 
who intends to use, rather than resell the truck, incorporating used 
parts furnished by the customer, the value of the previously used parts 
shall not be included in the price for which the truck is considered 
sold by the manufacturer.

[T.D. 7536, 43 FR 13521, Mar. 31, 1978]





Sec. 48.4217-1  Lease considered as sale.

    For purposes of Chapter 32 of the Code, the lease of an article by a 
manufacturer, producer, or importer shall be considered a sale of the 
article. The term ``lease'' means a contract or agreement, written or 
verbal, which gives the lessee an exclusive, continuous right to the 
possession or use of a particular article for a period of time. The term 
includes any renewal or extension of a lease or any subsequent lease of 
the article. However, in the case of the lease of an automobile the sale 
of which by the manufacturer would be taxable under section 4064, the 
term includes only the first lease (excluding any renewal or extension 
of the lease) of such automobile by the manufacturer.

[T.D. 7536, 43 FR 13521, Mar. 31, 1978, as amended by T.D. 8036, 50 FR 
29963, July 23, 1985]





Sec. 48.4217-2  Limitation on amount of tax applicable to certain leases.

    (a) Conditions for eligibility. Section 4217(b) provides for a 
limitation on the amount of tax that shall apply to the lease, any 
renewal, or further lease, of an article which, if sold, would be 
subject to tax on the basis of sale price. Such limitation on the amount 
of the tax applies with respect to the lease of an article only if, at 
the time of making the lease, the lessor is engaged in the business of 
selling in arm's length transactions the same type and model of article. 
In case of a lease to which section 4217(b) does not apply, tax shall be 
computed and paid as provided in section 4216(c) and paragraph (a) of 
Sec. 48.4216(c)-1.
    (b) Lessor engaged in business of selling. The lessor will be 
regarded as being engaged in the business of selling in arm's length 
transactions the same type and model of an article as the one being 
leased if it periodically and recurringly makes bona fide offers for 
sale of such articles in the regular course of operation of its 
business, which offers if accepted would constitute sales at arm's 
length. Whether the offers are bona fide shall be determined on the 
basis of the facts in each case, such as sales actually made, the nature 
of the advertising, sales literature, and other means used to effectuate 
sales. It is not necessary that the offers for sale be made to the same 
class of purchasers as those to whom the article is being leased.
    (c) Same type and model of article. To qualify as the ``same type 
and model of article'', the article offered for sale must be an unused 
article essentially the same in size, design, and function as the 
article being leased. For example, a van-type truck trailer would not be 
the same type and model as a stake-body of flat-bed truck trailer. 
Neither would a 25-foot van-type trailer be the same type and model as a 
35-foot van-type trailer. Slight differences in appearance or 
accessories will not render articles dissimilar which are identical in 
all other respects.
    (d) Basis for tax--(1) Tax payable until total tax is paid. In case 
of a lease of an article to which section 4217 (b) applies, tax shall be 
paid on each lease payment in an amount computed by applying to such 
lease payment a percentage equal to the rate of tax in effect on the 
date of the lease payment. Such tax payments shall continue to be made 
under such lease, or any subsequent lease of the article, until the 
cumulative total of the tax payments equals the total tax. Lease 
payments made thereafter with respect to that article shall not be 
subject to tax. For definition of the term ``total tax'', see paragraph 
(e) of this section.
    (2) Changes in tax rates. Except as provided in:
    (i) Section 701 (a) (3) of the Excise Tax Reduction Act of 1965 (79 
Stat. 155) in the case of certain reductions in tax rates effective June 
22, 1965, or January 1, 1966, and
    (ii) Section 401(h)(3) of the Revenue Act of 1971 (85 Stat. 534) in 
the case of certain reductions in tax rates effective December 11, 1971, 
if the rate of

[[Page 184]]

tax is increased or decreased during a lease period, the new rate shall 
apply to the lease payments made on and after the date of the change, 
but the amount of the total tax shall remain the same.
    (e) Total tax. For purposes of this section, the term ``total tax'' 
means the amount of tax, computed at the rate in effect on the date of 
the first lease of the article to which section 4217(b) applies, which 
would be due on the constructive sale price of the article as determined 
under section 4216(b) and Sec. 48.4216(b)-2, as if the article had been 
sold by a manufacturer at retail on such date.
    (f) Sale of article before total tax becomes payable. If the lessor 
sells the article before the total tax has become payable, the tax 
payable on the sale shall be the lesser of the following amounts:
    (1) The difference between (i) the total tax, and (ii) the aggregate 
tax applicable to lease payments already received; or
    (2) A tax computed, at the rate in effect on the date of the sale, 
on the price for which the article is sold.

For purposes of subparagraph (2) of this paragraph, the provisions of 
section 4216(b) for determining a constructive sale price shall not 
apply if the sale is at arm's length. If the sale is not at arm's 
length, the tax referred to in subparagraph (2) of this paragraph shall 
be computed on a constructive sale price as provided in Sec. 48.4216(b)-
2.
    (g) Sale of article after total tax has become payable. If the 
lessor sells an article after the total tax has become payable, the tax 
imposed under Chapter 32 of the Code shall not apply to such sale.
    (h) Special rules applicable to certain leases entered into before 
January 1, 1959. For purposes of this section, in the case of any lease 
entered into before, and existing on, January 1, 1959:
    (1) Such lease shall be considered to have been entered into on 
January 1, 1959.
    (2) The total tax shall be computed on the fair market value of the 
article on January 1, 1959.
    (3) The lease payments under such lease shall include only payents 
attributable to periods beginning after December 31, 1958.
    (i) Cross-reference. In the case of the lease of an automobile the 
sale of which by the manufacturer would be taxable under section 4064, 
the foregoing provisions of this section shall not apply. See section 
4217 (e) for the rules relating to the payment of the gas guzzler tax.

[T.D. 7536, 43 FR 13521, Mar. 31, 1978, as amended by T.D. 8036, 50 FR 
29963, July 23, 1985]

             Use by Manufacturer or Importer Considered Sale





Sec. 48.4218-1   Tax on use by manufacturer, producer, or importer.

    (a) In general. Section 4218 imposes tax in respect of certain uses 
of articles by the actual manufacturer, producer, or importer thereof. 
This section also applies in respect of the use of articles by any other 
person who, pursuant to a provision of Chapter 32 of the Code, is 
considered to be, or is treated as, the manufacturer or producer of the 
articles. See, for example, section 4223 relating to articles purchased 
tax free for use in further manufacture.
    (b) Taxable articles in general--(1) Application of tax. If the 
manufacturer, producer, or importer of an article taxable under Chapter 
32 of the Code (other than an article referred to in paragraph (a), (d), 
or (e) of this section) uses the article for any purpose other than that 
indicated in subparagraph (3) or (4) of this paragraph, he shall be 
liable for tax with respect to the use of such article in the same 
manner as if the article were sold by him.
    (2) Taxable use in manufacture of nontaxable articles--(i) In 
general. In the case of an article to which subparagraph (1) of this 
paragraph applies, tax attaches when the manufacturer, producer, or 
importer of the article uses it as material in the manufacture or 
production of, or as a component part of, another article which is not 
taxable under Chapter 32 of the Code, regardless of the disposition made 
of such other article. (See paragraph (c) of Sec. 48.4218-5 for 
computation of tax on such use.)

[[Page 185]]

    (ii) Types of use in manufacture of nontaxable articles. Taxable use 
may consist of the incorporation of a taxable article, such as an 
electric light bulb, into a nontaxable article, such as a flashlight. 
Taxable use may also result from the combining of a taxable article (or 
the components thereof) with a nontaxable article (or the components of 
a nontaxable article) resulting in a combination end article which 
itself is not taxable. Although the taxable article may not be a 
completely separable unit, within the contemplation of the law a taxable 
article has been produced and incorporated in the combination end 
article. The following are examples of taxable articles so used:
    (a) Household type electric or gas clothes drier incorporated in a 
combination washer-drier.
    (b) Household type electric, gas, or oil cooking range combined 
either with a range using other means of heating or with a nontaxable 
space heater.
    (c) Taxable radio receiving set incorporated in a combination radio 
receiver-transmitter or in a combination radio receiver-
intercommunication system.

If an automobile part or accessory, radio or television component, or 
camera lens is used as material in the manufacture or production of, or 
as a component part of, a taxable article to which subparagraph (1) of 
this paragraph has application and such article in turn is used in the 
manufacture or production of, or as a component part of, a nontaxable 
article, the part or accessory, component, or lens is considered to have 
been used in the manufacture of the taxable article, and not in the 
manufacture of the nontaxable article. For example, the use of taxable 
radio components in the production of a taxable radio receiving set is 
exempt from tax (see paragraph (d) of this section), but the use of the 
radio receiving set in the production of a nontaxable combination radio 
receiver-transmitter is subject to tax. See section 6416(b)(2) or 
6416(b)(3) and the regulations thereunder contained in Subpart O for 
credit or refund of tax paid in respect of such radio receiver if the 
combination radio receiver-transmitter is by any person exported, sold 
to a State or local government for its exclusive use, sold to a 
nonprofit educational organization for its exclusive use, or used or 
sold for use as supplies for vessels or aircraft.
    (3) Nontaxable use in manufacture of taxable articles. The tax on 
the use of an article to which subparagraph (1) of this paragraph has 
application shall not apply if the article is used by the manufacturer, 
producer, or importer thereof as material in the manufacture or 
production of, or as a component part of, another article taxable under 
Chapter 32 to be manufactured or produced by him. It is immaterial what 
disposition is made of such other article.
    (4) Gasoline. The tax on the use of an article shall not apply in 
the case of gasoline used on or after October 1, 1961, by any person, 
for nonfuel purposes, as a material in the manufacture or production of 
another article to be manufactured or produced by him. See section 4221 
and the regulations thereunder contained in Subpart N. For provisions 
applicable to use of gasoline by a producer or importer otherwise than 
in the production of other gasoline, or special motor fuel taxable under 
section 4041(b), see section 4082(c) and paragraph (c) of Sec. 48.4082-1 
contained in Subpart H.
    (c) Tires, inner tubes, and automobile radio or television receiving 
sets. If the manufacturer, producer, or importer of a tire or inner tube 
taxable under section 4071 (other than a bicycle tire or inner tube 
referred to in paragraph (e) of this section), or an automobile radio or 
television receiving set taxable under section 4141, sells such article 
on or in connection with the sale of any other article or uses it for 
any purpose, he shall be liable for tax with respect to such tire, inner 
tube, or radio or television receiving set in the same manner as if it 
were sold by him as a separate article. However, tax does not apply 
where the manufacturer, producer, or importer of the tire, inner tube, 
or automobile radio or television receiving set sells such article on or 
in connection with the sale of another article manufactured by him for 
any of the exempt purposes specified in paragraphs (2) to (5), 
inclusive, of section 4221(a) and the regulations thereunder contained 
in Subpart N.

[[Page 186]]

    (d) Automobile parts or accessories, radio or television components, 
and camera lenses--(1) Application of tax. If the manufacturer, 
producer, or importer of an automobile part or accessory taxable under 
section 4061(b), a radio or television component taxable under section 
4141, or a camera lens taxable under section 4171, uses the article for 
any purpose other than that indicated in subparagraph (2) of this 
paragraph, he shall be liable for tax with respect to the use of the 
article in the same manner as if the article were sold by him. For 
example, tax applies if the manufacturer, producer, or importer uses the 
article referred to in this subparagraph for repair or replacement 
purposes in connection with equipment used by him in the operation of 
his business.
    (2) Nontaxable use in manufacture of other articles. The tax on the 
use of an article referred to in subparagraph (1) of this paragraph 
shall not apply if the article is used by the manufacturer, producer, or 
importer thereof as material in the manufacture or production of, or as 
a component part of, any other article (whether or not taxable under 
Chapter 32) to be manufactured or produced by him. It is immaterial what 
disposition is made of such other article.
    (e) Bicycle tires and inner tubes--(1) Application of tax. If the 
manufacturer, producer, or importer of a bicycle tire as defined in 
section 4221(e)(4)(B) or an inner tube for such a tire uses the tire or 
inner tube for any purpose other than as indicated in subparagraph (2) 
of this paragraph, he shall be liable for tax with respect to the use of 
the tire or inner tube in the same manner as if the article were sold by 
him.
    (2) Nontaxable use in manufacture of other articles. The tax on the 
use of a bicycle tire or inner tube referred to in subparagraph (1) of 
this paragraph shall not apply if the tire or inner tube is used by the 
manufacturer, producer, or importer thereof as material in the 
manufacture or production of, or as a component part of, a new bicycle 
to be manufactured or produced by him. It is immaterial what disposition 
is made of the new bicycle. Tax, however, applies in the case of the use 
of a bicycle tire or inner tube by the manufacturer, producer, or 
importer thereof in the rebuilding or reconditioning of a used bicycle.
    (3) Effective date. The provisions of this paragraph shall apply to 
the use on or after May 1, 1960, of a bicycle tire or inner tube by the 
manufacturer, producer, or importer thereof. Liability for tax on the 
use prior to that date of a bicycle tire or inner tube by the 
manufacturer, producer, or importer thereof shall be based on the 
provisions of paragraph (c) of this section which apply to tires and 
inner tubes in general.
    (f) Use after lease. If the manufacturer, producer, or importer of a 
taxable article leases such article and thereafter uses the article, he 
incurs liability for tax on such use as provided in these regulations to 
the same extent as if the article were sold after being leased. See 
section 4217 and the regulations thereunder in this subpart for 
application and computation of tax in case of leased articles.
    (g) Time of application of tax. In the case of a taxable use of an 
article by the manufacturer, producer, or importer thereof, the tax 
attaches at the time such use begins. If tax applies by reason of the 
sale of an article by the manufacturer, producer, or importer thereof on 
or in connection with his sale of another article, the tax attaches at 
the time of the sale of such other article.
    (h) Exemptions because of other statutory provisions. Tax does not 
apply on the use of an article by the manufacturer, producer, or 
importer thereof if under the applicable provisions of the Code the sale 
of the article for a similar use would not be subject to tax. For 
example, the use of gasoline by the producer thereof to propel tankers 
engaged in foreign trade which are owned or leased by the producer would 
not be subject to tax under section 4218 since a sale for such use would 
be exempt from tax as provided in section 4221(a)(3). Also, tax need not 
be paid with respect to the use of an article by the manufacturer, 
producer, or importer thereof if such use would qualify, under the 
provisions of section 6416(b), for credit or refund of the tax paid.

[T.D. 6687, 28 FR 11780, Nov. 5, 1963]

[[Page 187]]





Sec. 48.4218-2   Business or personal use of articles.

    (a) Business use. Section 4218 applies to the use by a person, in 
the operation of any business in which he is engaged, of a taxable 
article which has been manufactured, produced, or imported by him or his 
agent. For example, a person engaged in the operation of a dairy 
business incurs liability for tax with respect to a truck body 
manufactured by him and used in the operation of his dairy business.
    (b) Personal use. The tax on use of a taxable article does not 
attach in cases where an individual incidentally manufactures, produces, 
or imports a taxable article for his personal use or causes a taxable 
article to be manufactured, produced, or imported for his personal use.

[T.D. 6687, 28 FR 11781, Nov. 5, 1963]





Sec. 48.4218-3   Events subsequent to taxable use of article.

    Liability for tax incurred on the use of an article is not 
extinguished or reduced because of any subsequent sale or lease of the 
article even if such sale or lease would have been exempt if the article 
had been so sold or leased prior to use. If a manufacturer, producer, or 
importer of an article incurs liability for tax on his use thereof, and 
thereafter sells or leases the article in a transaction which otherwise 
would be subject to tax, liability for tax is not incurred on such sale 
or lease.

[T.D. 6687, 28 FR 11781, Nov. 5, 1963]





Sec. 48.4218-4   Use in further manufacture.

    For purposes of section 4218 and Sec. 48.4218-1, an article is used 
as material in the manufacture or production of, or as a component part 
of, another article, if it is incorporated in, or is a part or accessory 
of, the other article. Lubricating oil in the crankcase of a new truck 
is an example of a taxable article use as material in the manufacture or 
production of, or as a component part of, another article. In addition, 
an article (other than gasoline used as a fuel) is considered to be used 
as material in the manufacture of another article if it is partly or 
entirely consumed in testing such other article; for example, shells or 
cartridges used in testing new firearms. similarly, if an article is 
partly or wholly consumed in quality testing a production run of like 
articles (as, for example, an automotive part destroyed in stress 
testing) such article is also considered to have been used as material 
in the manufacture of another article. However, if a taxable article 
that has been used tax free and only partly consumed in testing is later 
sold, or put to a taxable use, by the manufacturer, tax attaches to such 
sale or use. An article that is consumed in the manufacturing process 
other than in testing, so that it is not a physical part of the 
manufactured article, is not used as material in the manufacture or 
production of, or as a component part of, such other article. Thus, 
lubricating oil consumed in operating plant machinery in the course of 
the manufacture of automobile truck chassis is not used as material in 
the manufacture or production of, or as a component part of, the truck 
chassis.

[T.D. 6687, 28 FR 11781, Nov. 5, 1963, as amended by T.D. 7536, 43 FR 
13521, Mar. 31, 1978]





Sec. 48.4218-5   Computation of tax.

    (a) Tax based on price. Except as provided in paragraph (d) of this 
section, tax liability incurred on the use of an article shall be 
computed on the price at which such or similar articles are sold in the 
ordinary course of trade by manufacturers, producers, or importers 
thereof and in the absence of special arrangements. For additional 
provisions applicable in computing the tax in the case of the use of an 
article by a manufacturer and producer who purchased the article free of 
tax under section 4221(a)(1) for use by him in further manufacture, see 
section 423(b) and the regulations thereunder.
    (b) Articles regularly sold by manufacturer. If the manufacturer, 
producer, or importer of an article regularly sells such articles at 
wholesale in arm's length transactions, tax liability on his use of any 
such article shall be computed on his lowest established wholesale price 
for such articles in effect at the time of the taxable use. In 
establishing such price, there shall be included and excluded, as 
applicable, the charges and readjustments specified in

[[Page 188]]

sections 4216(a), 4216(f), and 6416(b)(1), as in effect at the time tax 
liability on the use of the article is incurred, and the regulations 
thereunder contained in this subpart and Subpart O. If the manufacturer, 
producer, or importer of an article does not regularly sell such 
articles at wholesale in arm's length transactions, a constructive price 
on which the use tax shall be computed will be determined by the 
Commissioner. This price will be established after considering the 
selling practices and price structures of manufacturers, producers, and 
importers of similar articles.
    (c) Articles governed by section 4218(a) used in manufacture of 
nontaxable combination articles. If the manufacturer, producer, or 
importer of an article to which section 4218(a) applies does not 
regularly sell such article separately but uses it as material in the 
manufacture or production of, or as a component part of, a nontaxable 
combination article consisting of a taxable and nontaxable article, 
liability for tax on his use shall be computed on the constructive price 
of the taxable article at the time of use. To determine the constructive 
price of the taxable article in such case, the combination article is 
considered to be composed of (1) parts used exclusively in the 
functioning of the taxable article in the combination, (2) parts used 
exclusively in the functioning of the nontaxable article in the 
combination, and (3) parts, called common parts, which serve a dual 
function in connection with the parts in both subparagraphs (1) and (2) 
of this paragraph. The ratio which the cost of the parts in subparagraph 
(1) of this paragraph bears to the sum of the cost of such parts and the 
parts in subparagraph (2) of this paragraph is applied to the lowest 
established wholesale price for which like combination articles are at 
the time of the taxable use being sold by the manufacturer or producer 
in the ordinary course of trade. The resulting amount is the 
constructive sale price for the taxable article on which tax is to be 
computed. The cost of the common parts is allocable to the parts in 
subparagraphs (1) and (2) of this paragraph in the same ratio, and, 
therefore, need not be taken into account in the computation since the 
inclusion and allocation of the cost of such parts in the determination 
would not result in a different ratio. In determining the lowest 
established wholesale price for the combination article, there shall be 
included and excluded, as applicable, the charges and readjustments 
specified in sections 4216(a), 4216(f), and 6416(b)(1), as in effect at 
the time tax liability on the use of the taxable article is incurred, 
and the regulations thereunder contained in this subpart and Subpart O 
of this part. The tax applicable to the use of the article for which a 
constructive sale price has been computed is not affected by any charges 
or readjustments of the price for which the nontaxable combination 
article is sold, whether by reason of the return or repossession of the 
nontaxable article or its covering or container, or by a bona fide 
discount, rebate, allowance, or other factor. The application of this 
subparagraph may be illustrated by the following example:

    Example. A manufacturer of a nontaxable washer-drier combination 
produces and uses an electric clothes drier taxable under section 4121 
in the manufacture of the combination article. The lowest established 
wholesale price of the manufacturer for the washer-drier combination at 
the time of the taxable use is $150 with respect to identical 
combinations after including and excluding applicable charges and 
readjustments. The manufacturer does not regularly sell such drier 
separately. In the manufacture of the washer-drier the two units are 
integrated to the extent that certain component parts function both in 
the operation of the washer and of the drier. The parts used exclusively 
in the operation of the washer cost $30 and those used exclusively in 
the operation of the drier cost $20. The taxable cost ratio in this 
instance is 20/50, or 40 percent. Applying 40 percent to the 
manufacturer's lowest established wholesale price of $150 for the 
washer-drier results in $60 as the constructive price for the taxable 
article in the combination at the time tax liability is incurred. No 
additional charges or readjustments in connection with, or subsequent 
to, the sale of the washer-drier combination may affect the tax 
liability incurred at the time of use.

    (d) Tax based on weight or volume. Where liability for tax is 
incurred on the use of an article subject, if sold, to a tax based on:
    (1) The weight of the article (such as a tire), or

[[Page 189]]

    (2) The volume of the article (such as gasoline or lubricating oil),

the tax due shall be computed on the basis which would be applicable if 
such article were sold.

[T.D. 6687, 28 FR 11781, Nov. 5, 1963]

   Application of Tax in Case of Sales by Other Than Manufacturer or 
                                Importer





Sec. 48.4219-1   Sales of taxable articles by a person other than the manufacturer, producer, or importer.

    (a) General rule. If the title to, or ownership of, an article 
taxable under Chapter 32 of the Code is transferred from the 
manufacturer, producer, or importer thereof, and, under the law, no tax 
attaches to such transfer, the subsequent sale, lease, or use of such 
article by the transferee is subject to tax to the same extent and in 
the same manner as if such transferee were the manufacturer, producer, 
or importer of the article. The following examples illustrate this rule:
    (1) The surviving spouse, child or children, executors or 
administrators, or other legal representatives, as the case may be, of a 
deceased manufacturer, producer, or importer of taxable articles, incur 
liability for tax on all such articles sold by them.
    (2) A receiver or trustee in bankruptcy who under a court order 
conducts or liquidates the business of a manufacturer, producer, or 
importer of taxable articles, incurs liability for tax on all taxable 
articles sold by him, regardless of whether the articles were 
manufactured, produced, or imported before or after he took charge of 
the business.
    (3) An assignee for the benefit of creditors of a manufacturer, 
producer, or importer incurs liability for tax with respect to all 
taxable articles sold by him as such assignee.
    (4) If one or more members of a partnership withdraw, or if new 
partners are admitted, the new partnership so constituted incurs 
liability for tax on all taxable articles sold by it regardless of when 
such articles were manufactured, produced, or imported.
    (5) A person who acquires title to taxable articles as a result of 
default of the manufacturer, producer, or importer pursuant to an 
agreement under the terms of which the articles were pledged as 
collateral incurs liability for tax with respect to his sale of the 
articles so acquired.
    (6) A person who succeeds to the business of a manufacturer, 
producer, or importer of taxable articles, such as:
    (i) A corporation which results from a consolidation, merger, or 
reorganization;
    (ii) A corporation which acquires the business of an individual or 
partnership; or
    (iii) A stockholder in a corporation who, after its dissolution, 
continues the business;

incurs liability for tax on all taxable articles sold by such person. 
However, where a manufacturer, producer, or importer sells only his 
assets, rather than ownership of his business, he incurs liability for 
tax on the sale of any taxable articles included in such assets.
    (b) Transfer of title to damaged articles. If title to a damaged 
taxable article is transferred by the manufacturer, producer, or 
importer thereof to a carrier or insurance company in adjustment of a 
damage claim, such transfer is not considered a taxable sale of the 
article. If the article is usable, even though damaged, the carrier or 
insurance company incurs liability for tax on its sale, lease, or use of 
the article. Where the article has been damaged to the extent that its 
only value is as scrap, and it is not restored to usable condition, sale 
thereof by the carrier or insurance company is not subject to tax.

[T.D. 6687, 28 FR 11782, Nov. 5, 1963]



                Subpart N--Exemptions, Registration, Etc.

    Source: T.D. 7536, 43 FR 13522, Mar. 31, 1978, unless otherwise 
noted.





Sec. 48.4221-1  Tax-free sales; general rule.

    (a) Application of regulations under section 4221--(1) In general. 
The regulations under section 4221 provide rules under which the 
manufacturer, producer, or importer of an article subject to tax under 
chapter 32 (or the retailer of an article subject to tax under 
subchapter A or C of chapter 31) may sell the article tax free under 
section 4221.

[[Page 190]]

    (2) Limitations. The following restrictions must be taken into 
account in applying the regulations under section 4221:
    (i) The exemptions under section 4221 (a)(4) and (a)(5) do not apply 
to the tax imposed by section 4064 (gas guzzler tax).
    (ii) The exemptions under section 4221 do not apply to the tax 
imposed by section 4081 (gasoline and diesel fuel tax).
    (iii) The exemptions under section 4221 do not apply to the tax 
imposed by section 4091 (aviation fuel tax). For rules relating to tax-
free sales of aviation fuel, see section 4092 and the regulations 
thereunder.
    (iv) The exemptions under section 4221 do not apply to the tax 
imposed by section 4121 (coal tax).
    (v) The exemptions under section 4221 (a)(3) through (a)(5) do not 
apply to the tax imposed by section 4131 (vaccine tax). In addition, the 
exemption under section 4221(a)(2) applies to the vaccine tax only to 
the extent provided in Sec. 48.4221-3(e) (relating to tax-free sales of 
vaccine for export).
    (vi) The exemptions under section 4221(a) apply only in those cases 
where the exportation or use referred to is to occur before any other 
use.
    (b) Manufacturer relieved of liability in certain cases--(1) General 
rule. Under the provisions of section 4221(c), if an article subject to 
tax under Chapter 32 of the Code is sold free of tax by the manufacturer 
of the article for an exempt purpose referred to in section 4221(c) and 
paragraph (b)(2) of this section, the manufacturer shall be relieved of 
any tax liability under Chapter 32 with respect to such sale if the 
manufacturer in good faith accepts a proper certification by the 
purchaser that the article or articles will be used by the purchaser in 
the stated exempt manner. See paragraph (b)(2) of this section for a 
list of the exempt purposes referred to in section 4221(c).
    (2) The following are situations wherein section 4221(c) is 
applicable with respect to sales made tax free on the assumption that 
one of the following sections of the Code provides exemption for such 
sales:
    (i) Section 4221(a)(1), to the extent that it relates to sales for 
further manufacture by a first purchaser (see Sec. 48.4221-2),
    (ii) Section 4221(a)(3), relating to supplies for vessels and 
aircraft (see Sec. 48.4221-4),
    (iii) Section 4221(a)(4), relating to sales to State or local 
governments (see Sec. 48.4221-5),
    (iv) Section 4221(a)(5), relating to sales to nonprofit educational 
organizations (see Sec. 48.4221-6), and
    (v) Section 4221(e)(3) relating to the sale of tires used on 
intercity, local, or school buses (see Sec. 48.4221-8).
    (3) Duty of seller to ascertain validity of tax-free sale. If the 
manufacturer at the time of its sale has reason to believe that the 
article sold by it is not intended for the exempt purpose indicated by 
the purchaser, or that the purchaser has failed to register as required, 
the manufacturer is not considered to have accepted certification from 
the purchaser in good faith, and is not relieved from liability under 
the provisions of section 4221(c).
    (4) Information to be furnished to purchaser. A manufacturer selling 
articles free of tax under this section after December 31, 1978, shall 
indicate to the purchaser that (i) certain articles normally subject to 
tax are being sold tax free and (ii) the purchaser is obtaining those 
articles tax free for an exempt purpose under an exemption certificate 
or its equivalent. The manufacturer may transmit this information by any 
convenient means, such as coding of sales invoices, provided that the 
information is presented with sufficient particularity so that the 
purchaser is informed that he has obtained the articles tax free and:
    (i) The purchaser can compute and remit the tax due if an article 
sold tax free for further manufacture is diverted to a taxable use,
    (ii) The manufacturer can remit the tax due with respect to an 
article purchased tax free for resale for use in further manufacture or 
for export if, within the 6-month period described in Sec. 48.4221-2(c) 
or Sec. 48.4221-3(c), the manufacturer does not receive proof that the 
article has been exported or resold for use in further manufacture, or
    (iii) The purchaser can notify the manufacturer if an article 
otherwise

[[Page 191]]

purchased tax free is diverted to a taxable use.
    (c) Evidence required in support of tax-free sales--(1) Purchasers 
required to be registered. Every purchaser who is required to be 
registered (see Sec. 48.4222(a)-1) shall furnish to the seller, as 
evidence in support of each tax-free sale made by the seller to such 
purchaser, the exempt purpose for which the article or articles are 
being purchased and the registration number of the purchaser. Such 
information must be in writing and may be noted on the purchase order or 
other document furnished by the purchaser to the seller in connection 
with each sale.
    (2) Purchasers not required to be registered. For the evidence which 
purchasers not required to register must furnish to the seller in 
support of each tax-free sale made by the seller to such purchasers, see 
paragraph (b) of Sec. 48.4221-3 for sales or resales to a foreign 
purchaser for export, paragraph (d) of Sec. 48.4221-4 for sales of 
supplies to vessels or aircraft, paragraph (c) of Sec. 48.4221-5 for 
sales to State and local governments, and paragraph (c) of 
Sec. 48.4222(b)-1 for sales and purchases by the United States.

[T.D. 6687, 28 FR 11782, Nov. 5, 1963, as amended by T.D. 7834, 47 FR 
42345, Sept. 27, 1982; T.D. 8036, 50 FR 29963, July 23, 1985; T.D. 8659, 
61 FR 10463, Mar. 14, 1996]





Sec. 48.4221-2  Tax-free sale of articles to be used for, or resold for, further manufacture.

    (a) Further manufacture--(1) In general. Under prescribed 
conditions, an article subject to tax under Chapter 32 (other than a 
tire taxable under section 4071, which is given special treatment under 
section 4221(e)(2) and Sec. 48.4221-7) may be sold tax free by the 
manufacturer, pursuant to section 4221(a)(1), for use by the purchaser 
in further manufacture, or for resale by the purchaser to a second 
purchaser for use by the second purchaser in further manufacture. See 
section 4221(d)(6) and paragraph (b) of this section for the 
circumstances under which an article is considered to have been sold for 
use in further manufacture. See section 6416(b)(3) and Sec. 48.6416(b)-3 
for the circumstances under which credit or refund is available when 
tax-paid articles are used in further manufacture.
    (2) Proof of resale for use in further manufacture. See section 
4221(b)(1) and paragraph (c) of this section for provisions under which 
the exemption provided in section 4221(a)(1) shall cease to apply in the 
case of an article sold by the manufacturer to a purchaser for resale to 
a second purchaser for use in further manufacture unless the 
manufacturer receives timely proof of resale for further manufacture.
    (b) Circumstances under which an article is considered to have been 
sold for use in further manufacture. (1) An article shall be treated as 
sold for use in further manufacture if the article is sold for use by 
the buyer as material in the manufacture or production of, or as a 
component part of, another article taxable under chapter 32 of the 
Internal Revenue Code.
    (2) An article is used as material in the manufacture or production 
of, or as a component of, another article if it is incorporated in, or 
is a part or accessory of, the other article when the other article is 
sold by the manufacturer. In addition, an article is considered to be 
used as material in the manufacture of another article if it is consumed 
in whole or in part in testing such other article. However, an article 
that is consumed in the manufacturing process other than in testing, so 
that it is not a physical part of the manufactured article, is not 
considered to have been used as material in the manufacture of, or as a 
component part of, another article.
    (c) Proof of resale for further manufacture--(1) Cessation of 
exemption. The exemption provided in section 4221(a)(1) and described in 
paragraph (a) of this section in respect of an article sold by the 
manufacturer to a purchaser for resale to a second purchaser for use by 
the second purchaser in further manufacture shall cease to apply on the 
first day following the close of the 6-month period which begins on the 
date of the sale of such article by the manufacturer, or the date of 
shipment of the article by the manufacturer, whichever is earlier, 
unless, within such 6-month period, the manufacturer receives proof, in 
the form prescribed by paragraph (c) (2) of this section, that the

[[Page 192]]

article was actually resold by the purchaser to a second purchaser for 
such use. If, on the first day following the close of the 6-month 
period, such proof has not been received, the manufacturer shall become 
liable for tax at that time at the rate in effect when the sale was made 
but otherwise in the same manner as if the article had been sold by it 
on such first day at a taxable price equivalent to that at which the 
article was actually sold. If the manufacturer later obtains such proof, 
it may file a claim for refund or credit of this tax. The payment of 
this tax by the manufacturer is not considered an overpayment by the 
subsequent manufacturer or producer for which the subsequent 
manufacturer or producer is entitled to a credit or refund under section 
6416(b)(3). See section 4221(d)(6) and paragraph (b) of this section for 
the circumstances under which an article is considered to have been sold 
for use in further manufacture.
    (2) Proof of resale--(i) Certificate of purchaser. The proof of 
resale to be received by the manufacturer, as required under section 
4221(b)(1), may consist of either a copy of the invoice of the 
manufacturer's vendee directed to his purchaser which discloses the 
certificate of registry number held by each party or a statement 
described below. In the case of an invoice of manufacturer's vendee, it 
must appear from such invoice (or by statement attached thereto) that 
the article was in fact resold for use in further manufacture. In lieu 
of such an invoice, proof of resale may consist of a statement, executed 
and signed by the manufacturer's vendee. Such statement shall be in 
substantially the following form:

                   Statement of Manufacturer's Vendee

    (To support tax-free sales of taxable articles to a purchaser for 
resale to a second purchaser for use in further manufacture (section 
4221(a)(1) of the Internal Revenue Code).)

                  (Date) ____________________, 19____.

    The undersigned, or the ______________________________________ (Name 
of manufacturer's vendee if other than undersigned), of which I am 
__________ (Title), holds certificate of registry No. ____, issued by 
the District Director of Internal Revenue at __________________.
    The article or articles specified below or on the reverse side 
hereof were purchased tax free by me, or by 
________________________________ (Name of manufacturer's vendee if other 
than undersigned), on __________ (Date) and were thereafter resold to a 
purchaser who holds certificate of registry No. ____, issued by the 
District Director of Internal Revenue at __________________, for use by 
it as material in the manufacture or production of, or as a component 
part or parts of, an article or articles taxable under chapter 32 of the 
Internal Revenue Code, or, if the article or articles are automobile 
parts or accessories (to which section 4061(b) applies) or gasoline, for 
use by it as material (for nonfuel uses in the case of gasoline) in the 
manufacture or production of, or as a component part or parts of, any 
article or articles.
    The undersigned, or __________________________________ (Name of 
manufacturer's vendee if other than undersigned), has in my/its 
possession proof of tax-free resale of such article or articles in the 
form of related purchase orders and sales invoices, and proof of tax-
free resale will be retained by me or 
____________________________________ (Name of manufacturer's vendee if 
other than undersigned), for at least 3 years from the date of this 
statement, and will be made readily available for inspection by 
Government officers during such 3-year period.
    I have not previously executed a statement in respect of such 
certificate of resale, and I understand that the fraudulent use of this 
statement may subject me and all parties making such fraudulent use of 
this statement to a fine of not more than $10,000, or imprisonment for 
not more than 5 years, or both, together with the costs of prosecution.
.......................................................................
                                                         (Signature)    
.......................................................................
                                                           (Address)    

    (ii) Period covered. Any statement executed and signed by the 
manufacturer's vendee, as provided in subdivision (i) of this paragraph 
(c)(2), may be executed with respect to any one or more articles 
purchased tax free from a manufacturer and resold for use in further 
manufacture within the 6-month period prescribed in section 4221 (a)(1) 
and paragraph (c)(1) of this section. Such statement (or other 
prescribed proof of resale) must be retained for inspection

[[Page 193]]

by the district director as provided in section 6001.

(Sec. 4222 (72 Stat. 1284; 26 U.S.C. 422); secs. 4051, 4052, 4061 and 
7805 of the Internal Revenue Code of 1954 (96 Stat. 2174, 2175 and 2173; 
68A Stat. 917; 26 U.S.C. 4051, 4052, 4061, and 7805) and secs. 522 and 
523 of the Highway Revenue Act of 1982 (Pub. L. 97-424, 96 Stat. 2185, 
2186))

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 7681, 45 FR 
13728, Mar. 3, 1980; T.D. 7753, 46 FR 2999, Jan. 13, 1981; T.D. 7882, 48 
FR 14362, Apr. 4, 1983; T.D. 8659, 61 FR 10463, Mar. 14, 1996]





Sec. 48.4221-3  Tax-free sale of articles for export, or for resale by the purchaser to a second purchaser for export.

    (a) In general. (1) An article subject to tax under Chapter 32 of 
the Code may be sold tax free by the manufacturer, pursuant to section 
4221(a)(2) and this section, for export, or for resale by the purchaser 
to a second purchaser for export. See paragraph (a)(10) of Sec. 48.0-2 
for the meaning of the term ``export''. An article may be sold tax free 
by the manufacturer under the provisions of this section only if the 
person to whom the manufacturer sells the article intends either to 
export the article or to resell it to a person who intends to export it. 
An article may not be sold tax free under the provisions of this section 
by a manufacturer to a purchaser for resale to a second purchaser which 
does not intend to export the article itself but plans to resell it to a 
third purchaser for export. See section 6416 (b)(2)(A) and paragraph 
(b)(1) of Sec. 48.6416(b)-2 for the circumstances under which credit or 
refund of tax is available where tax-paid articles are exported from the 
United States.
    (2) If an article, otherwise taxable under Chapter 32 of the Code:
    (i) Is sold tax free by the manufacturer pursuant to section 
4221(a)(2) and this section, and
    (ii) Is returned subsequently to the United States in an unused and 
undamaged condition,

then the importer is liable for the tax imposed by Chapter 32 on the 
subsequent sale or use of the article in the United States. The 
provisions of this paragraph (a)(2) may be illustrated by the following 
examples:

    Example (1). Q, a U.S. motor vehicle manufacturer, previously sold a 
truck chassis to R, a company in Canada. The sale was tax free under 
section 4221(a)(2). R mounted a truck body on the truck chassis and sold 
the completed vehicle to S. Thereafter S sold the completed new vehicle 
to T who imported the vehicle into the United States and sold it. The 
sale of the completed truck subjects T to an excise tax liability under 
section 4061(a)(1) with respect to both the body and the chassis.
    Example (2). X, a U.S. manufacturer of trucks, sold a trash 
collection truck to Y, a company in France. The sale was tax free under 
section 4221(a)(2). The truck was sold by Y to the City of Nice, France. 
After initial use, the city determined that the truck was not suited for 
its needs and resold the truck to X. X returned the truck to the United 
States where it was resold. The resale of the truck by X does not 
subject X to an excise tax liability under section 4061(a)(1).

    (b) Sales or resales to a foreign purchaser for export. In the case 
of sales or resales to a foreign purchaser for export, where the first 
purchaser or the second purchaser is located in a foreign country or 
possession of the United States, such purchaser is not required to 
register as provided in section 4222(a) and Sec. 48.4222(a)-1. To 
establish the right to sell articles tax free for export to a purchaser 
who is not registered and who is located in a foreign country or a 
possession of the United States, the manufacturer must obtain from such 
purchaser at the time title to the article passes or at the time of 
shipment, whichever is earlier, either:
    (1) A written order or contract of sale showing that the 
manufacturer is to ship the article to a foreign destination; or
    (2) Where delivery by the manufacturer is to be made within the 
United States, a statement from the purchaser showing:
    (i) That the article is purchased either to fill existing or future 
orders for delivery to a foreign destination or for resale to another 
person engaged in the business of exporting who will export the article, 
and
    (ii) That such article will be transported to its foreign 
destination in due course prior to use or further manufacture and prior 
to any resale except for export.

See section 4221(b) and paragraphs (c) and (d) of this section for 
requirements

[[Page 194]]

as to timely proof of exportation and cessation of the exemption for 
export unless the evidence to show actual exportation has been received 
by the manufacturer.
    (c) Cessation of exemption. The exemption provided in section 
4221(a)(2) and paragraph (a) of this section for an article sold by the 
manufacturer for export or for resale by the purchaser to a second 
purchaser for export shall cease to apply on the first day following the 
close of the 6-month period which begins on the date of the sale of the 
article by the manufacturer, or the date of shipment of the article by 
the manufacturer, whichever is earlier, unless within the 6-month period 
the manufacturer receives proof, in the form prescribed by paragraph (d) 
of this section, that the article was actually exported. If, on the 
first day following the close of the 6-month period, the proof has not 
been received, the manufacturer shall become liable for tax at that time 
at the rate in effect when the sale was made but otherwise in the same 
manner as if the article had been sold by it on such first day at a 
taxable price equivalent to that at which the article was actually sold.
    (d) Proof of exportation. (1) Exportation may be evidenced by:
    (i) A copy of the export bill of lading issued by the delivering 
carrier,
    (ii) A certificate by the agent or representative of the export 
carrier showing actual exportation of the article,
    (iii) A certificate of landing signed by a customs officer of the 
foreign country to which the article is exported,
    (iv) Where the foreign country has no customs administration, a 
statement of the foreign consignee showing receipt of the article, or
    (v) Where a department or agency of the United States Government is 
unable to furnish any one of the foregoing four types of proof of 
exportation, a statement or certification on the department or agency 
stationery, executed by an authorized officer, that the listed or 
identified articles have, in fact, been exported.
    (2) In any case where the manufacturer is not the exporter, the 
manufacturer must have in its possession a statement from the vendee to 
whom the manufacturer sold the article stating that the article was in 
fact exported in due course by the vendee or was sold to another person 
who in due course exported the article. The statement must state what 
evidence is available to establish that the article was in fact exported 
in due course prior to use or further manufacture and prior to resale in 
the United States other than for export. Such evidence must be that 
described in paragraph (d)(1) of this section, and the statement must 
show where such evidence is readily available for inspection by 
Government officers, and should be in substantially the following form:

                   Statement of Manufacturer's Vendee

    (To support tax-free sales of taxable articles to a purchaser for 
export or for resale to a second purchaser for export (section 
4221(a)(2) of the Internal Revenue Code).)
    The undersigned, or the ______________________________ (Name of 
manufacturer's vendee if other than undersigned) of which I am 
__________ (Title) holds certificate of registry No. ____, issued by the 
District Director of Internal Revenue at __________________.
    The article or articles specified below or on the reverse side 
hereof were purchased tax free by me or by ____________________________ 
(Name of manufacturer's vendee if other than undersigned) on __________ 
(Date), and were thereafter exported.
    The undersigned or ____________________________ (Name of 
manufacturer's vendee if other than undersigned) has in my/its 
possession proof of exportation in respect of such article or articles. 
The evidence of export available is __________________ and is located at 
______________________________ (If other than address below). Such proof 
of exportation will be retained by ______________________________ (Name 
of manufacturer's vendee) for at least 3 years from the date of this 
statement and will be made readily available for inspection by 
Government officers.
    I have not previously executed a statement in respect of the article 
or articles covered by this statement, and I understand that the 
fraudulent use of this statement will subject me and all parties making 
such fraudulent use of this statement to a fine of not more than 
$10,000, or imprisonment for not more

[[Page 195]]

than 5 years, or both, together with the costs of prosecution.
________________________________________________________________________
                                                             (Signature)
________________________________________________________________________
                                                               (Address)
________________________________________________________________________
                                                                  (Date)

    (3) The statement executed and signed by the manufacturer's vendee, 
as provided in paragraph (d)(2) of this section, may be executed with 
respect to any one or more articles purchased tax free from a 
manufacturer and exported within the 6-month period prescribed in 
section 4221(b)(2) and paragraph (c) of this section. Such statement 
shall be kept for inspection by the district director as provided in 
section 6001 and the regulations thereunder.
    (e) Vaccines. The exemption provided by section 4221(a)(2) applies 
after August 10, 1993, to the tax imposed on vaccines by section 4131, 
but only if--
    (1) The vaccine is sold by the manufacturer after August 10, 1993; 
and
    (2) In the case of vaccine sold to, or sold for resale to, the 
United States or any of its agencies or instrumentalities, the United 
States or such agency or instrumentality notifies the manufacturer that 
the vaccine is intended for uses other than the vaccination of persons 
described in 42 U.S.C. 300aa-11(c)(1)(B)(i)(II) (relating to certain 
U.S. citizens who are vaccinated outside the United States).

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 7729, 45 FR 
72653, Nov. 3, 1980; T.D. 8561, 59 FR 43045, Aug. 22, 1994]





Sec. 48.4221-4  Tax-free sale of articles for use by the purchaser as supplies for vessels or aircraft.

    (a) Supplies for vessels or aircraft--(1) In general. An article 
subject to tax under Chapter 32 may be sold tax free by the 
manufacturer, pursuant to section 4221(a)(3) and this section, for use 
by the purchaser as supplies for vessels or aircraft. See paragraph (b) 
of this section for the meaning of the term ``supplies for vessels or 
aircraft.'' An article may be sold tax free under the provisions of this 
section only in those cases where the sale of an article by the 
manufacturer is made directly to the owner, officer, charterer, or 
authorized agent of a vessel or aircraft for use as supplies for the 
vessel or aircraft. No sale may be made tax free to a dealer for resale 
for use as supplies for vessels or aircraft, even though it is known at 
the time of sale by the manufacturer that the article will be so resold. 
See section 6416(b)(2)(B) and paragraph (b)(2) of Sec. 48.6416 (b)-2 for 
circumstances under which credit or refund of tax is available where 
tax-paid articles are used, or sold for use, as supplies for vessels or 
aircraft. An article may not be sold tax free under the provisions of 
this section by the manufacturer to passengers or members of the crew of 
a vessel or aircraft.
    (2) Civil aircraft of foreign registry. In the case of any article 
sold by the manufacturer for use by the purchaser as supplies for civil 
aircraft of foreign registry employed in foreign trade or in trade 
between the United States and any of its possessions, the provisions of 
this paragraph apply only if the reciprocity requirements of section 
4221(e)(1) are met. See paragraph (c) of this section.
    (b) Meaning of terms--(1) Supplies for vessels or aircraft.  The 
term ``supplies for vessels or aircraft'' means fuel supplies, ships' 
stores, sea stores, or legitimate equipment on vessels of war of the 
United States or of any foreign nation, vessels employed in the 
fisheries or in the whaling business, or vessels actually engaged in 
foreign trade or trade between the Atlantic and Pacific ports of the 
United States or between the United States and any of its possessions.
    (2) Fuel supplies, ships' stores, and legitimate equipment. The 
terms ``fuel supplies'', ``ships' stores'', and ``legitimate equipment'' 
include all articles, materials, supplies, and equipment necessary for 
the navigation, propulsion, and upkeep of vessels of war of the United 
States or of any foreign nation, vessels employed in the fisheries or in 
the whaling business, or vessels actually engaged in foreign trade or in 
trade between the Atlantic and Pacific ports of the United States or 
between the United States and any of its possessions, even though such 
vessels may make intermediate stops in the United States. The term does 
not include supplies for vessels engaged in trade (i) between domestic 
ports in the Atlantic

[[Page 196]]

Ocean and the Gulf of Mexico, (ii) between domestic ports on the Pacific 
Ocean, (iii) between domestic ports on the Great Lakes, or (iv) on the 
inland waterways of the United States.
    (3) Sea stores. The term ``sea stores'' includes any article 
purchased for use or consumption by the passengers or crew, or both, of 
a vessel during its voyage.
    (4) Vessels. The term ``vessel'' includes (i) every description of 
watercraft or other contrivance used, or capable of being used, as a 
means of transportation on water, (ii) civil aircraft registered in the 
United States and employed in foreign trade or in trade between the 
United States and any of its possessions, and (iii) civil aircraft 
registered in a foreign country and employed in foreign trade or in 
trade between the United States and any of its possessions.
    (5) Vessels of war of the United States or of any foreign nation. 
The term ``vessels of war of the United States or of any foreign 
nation'' includes (i) every description of watercraft or other 
contrivance used, or capable of being used, as a means of transportation 
on water and constituting equipment of the armed forces (including the 
U.S. Coast Guard and U.S. National Guard) of the United States or of a 
foreign nation, and (ii) aircraft owned by the United States or by any 
foreign nation and constituting equipment of the armed forces thereof. 
For purposes of this section, vessels or aircraft owned by armed forces 
are not considered to be equipment of such armed forces while on lease 
or loan to an organization that is not part of the armed forces.
    (6) Vessels used in fisheries or whaling business. The exemption 
provided by section 4221(a)(3) and paragraph (a) of this section in the 
case of articles sold for the prescribed use on vessels employed in the 
fisheries or whaling business is limited to articles sold by the 
manufacturer for such use on vessles while employed, and to the extent 
employed, exclusively in the fisheries or in the whaling business. For 
purposes of this section, vessels engaged in sport fishing are not 
considered to be employed in the fisheries.
    (7) Civil aircraft. The exemption provided by section 4221(a)(3) and 
paragraph (a) of this section relating to supplies for vessels or 
aircraft, with respect to civil aircraft, extends only to civil aircraft 
when employed in foreign trade, or in trade between the United States 
and any of its possessions. Sales of supplies to civil aircraft when 
engaged in trade between the Atlantic and the Pacific ports of the 
United States are not exempt from the tax imposed under Chapter 32. See 
section 4221(e)(1) and paragraph (c) of this section for requirement of 
reciprocal exemption in the case of a civil aircraft registered in a 
foreign country.
    (8) Trade. The term ``trade'' includes the transportation of persons 
or property for hire and the making of the necessary preparations for 
such transportation. The term ``trade'' also includes the transportation 
of property on a vessel or aircraft owned or chartered by the owner of 
the property in connection with the purchase, sale, or exchange of the 
property in a commercial business operation. However, a vessel owned or 
chartered by a company and used in the transportation of personnel or 
property of such company to or from its business properties located in a 
foreign country, or in a possession of the United States, is not engaged 
in ``trade''.
    (c) Reciprocity required in the case of civil aircraft. The 
exemption provided by section 4221(a)(3) and paragraph (a) of this 
section with respect to the sales of supplies for civil aircraft 
registered in a foreign country is further limited in that the privilege 
of exemption may be granted only if the Secretary of Commerce advises 
the Secretary of the Treasury that the foreign country allows, or will 
allow, substantially the same reciprocal privileges. If a foreign 
country discontinues the allowance of such substantially reciprocal 
exemption, the exemption allowed by the United States will not apply 
after the Secretary of the Treasury is notified by the Secretary of 
Commerce of the discontinuance of the exemption allowed by the foreign 
country.
    (d) Evidence required to establish exemption--(1) In general. The 
exemption provided in section 4221(a)(3) and paragraph (a) of this 
section for articles sold for use by the purchaser as supplies for 
vessels or aircraft applies only

[[Page 197]]

(i) if both the manufacturer and purchaser are registered under the 
provisions of section 4222 or (ii) the purchaser or both the 
manufacturer and the purchaser are not registered but have satisfied the 
provisions of paragraph (d)(2) of this section. See paragraph (c) of 
Sec. 48.4221-1 for the evidence required to establish exemption where 
the purchaser is registered pursuant to section 4222 and 
Sec. 48.4222(a)-1.
    (2) Exemption certificates for use in support of tax-free sales of 
supplies for vessels and aircraft. (i) In order to establish exemption 
from tax under section 4221(a)(3) in those instances where the purchaser 
or both the manufacturer and purchaser are not registered under section 
4222, the manufacturer must obtain (prior to or at the time of the sale) 
from the owner, charterer, or authorized agent of the vessel or aircraft 
and retain in the manufacturer's possession a properly executed 
exemption certificate in the form prescribed by subdivision (iii) of 
this paragraph (d)(2). If articles are sold tax free for use as supplies 
for civil aircraft employed in foreign trade or in trade between the 
United States and any of its possessions, the exemption certificate must 
show the name of the country in which the aircraft is registered.
    (ii) Where only occasional sales of articles are made to a purchaser 
for use as supplies for vessels or aircraft, a separate exemption 
certificate shall be furnished for each order. However, where sales are 
regularly or frequently made to a purchaser for such exempt use, a 
certificate covering all orders for a specified period not to exceed 12 
calendar quarters will be acceptable. Such certificates and proper 
records of invoices, orders, etc., relative to tax-free sales must be 
kept for inspection by the district director as provided in section 6001 
and the regulations thereunder.
    (iii) Acceptable form of exemption certificate. The following form 
of exemption certificate will be acceptable for the purposes of this 
section and must by adhered to in substance:

                          Exemption Certificate

(For use by purchasers of articles for use as fuel supplies, ships 
stores, sea stores, of legitimate equipment on certain vessels or 
aircraft (sections 4221 and 4222 of the Internal Revenue Code of 1954).)

                                     (Date)__________________, 19--____.

    I, the undersigned purchaser, hereby certify that I am the 
________________ (Owner, charterer, or authorized agent) of __________ 
(Name of company and vessel) and that: (Check applicable type of 
certificate)
---- the article or articles specified in the accompanying order, or on 
the reverse side hereof, (or)
---- all orders placed by the purchaser for the period commencing (Date) 
------ and ending (Date) ------ (period not to exceed 12 calendar 
quarters), will be used only for fuel supplies, ships' stores, sea 
stores, or legitimate equipment on a vessel belonging to one of the 
following classes of vessels to which section 4221 of the Internal 
Revenue Code applies: (Check class to which vessel belongs.)

                                     (1) Vessels engaged in foreign     
                                      trade.                            
                                     (2) Vessels engaged in trade       
                                      between the Atlantic and Pacific  
                                      ports of the United States.       
                                     (3) Vessels engaged in trade       
                                      between the United States and any 
                                      of its possessions.               
                                     (4) Vessels employed in the        
                                      fisheries or whaling business.    
                                     (5) Vessels of war of the United   
                                      States or a foreign nation.       
                                                                        

    If the articles are purchased for use on civil aircraft engaged in 
trade as specified in (1) or (3) above, state the name of the country in 
which the aircraft is registered:
_______________________________________________________________________
    I understand that if the articles are used for any purpose other 
than as stated in this certificate, or are resold or otherwise disposed 
of, I must report such fact to the manufacturer. I understand that this 
certificate may not be used in purchasing articles tax free for use as 
fuel supplies, etc., on pleasure vessels, or on any type of aircraft 
except that (i) civil aircraft employed in foreign trade or trade 
between the United States and any of its possessions, and (ii) aircraft 
owned by the United States or any foreign country and constituting a 
part of the armed forces thereof.
    I understand that the fraudulent use of this certificate to secure 
exemption will subject me and all parties making such fraudulent use of 
this certificate to a fine of not more than $10,000, or to imprisonment 
for not more than 5 years, or both, together with costs of prosecution. 
I also understand that I must be prepared to establish by satisfactory

[[Page 198]]

evidence the purpose for which the article was used.

.......................................................................
                                                           (Signature)  
.......................................................................
                                                             (Address)  





Sec. 48.4221-5  Tax-free sale of articles to State and local governments for their exclusive use.

    (a) In general. An article (excluding an automobile subject to tax 
under section 4064) subject to tax under Chapter 32 of the Code may be 
sold tax free by the manufacturer, pursuant to section 4221(a)(4) and 
this section, to a State or local government for the exclusive use of 
such State or local government. See paragraph (b) of this section for 
the meaning of the term ``State or local government''. An article may be 
sold tax free by the manufacturer under this paragraph only in those 
cases where the sale is made directly to a State or local government for 
its exclusive use. Accordingly, no sale may be made tax free to a dealer 
for resale to a State or local government for its exclusive use, even 
though it is known at the time of sale by the manufacturer that the 
article will be so resold. A sale of an article to a State or local 
government for resale is not considered to be a sale for the ``exclusive 
use'' of the State or local government, within the meaning of section 
4221(a)(4), and, therefore, such sales may not be made tax free. Such 
sales are not exempt regardless of whether the resales are made to 
government employees, or the fact that the article is an item of 
equipment the employee is required to possess in carrying out his 
duties. For example, pistols or revolvers may not be sold tax free to a 
State or local government for resale to its police officers. See section 
6416(b)(2)(C), and paragraph (b)(3) of Sec. 48.6416(b)-2, for the 
circumstances under which credit or refund of tax is available where 
tax-paid articles are sold for the exclusive use of a State or local 
government.
    (b) State or local government. The term ``State or local 
government'' includes any State, the District of Columbia, and any 
political subdivision of any of the foregoing.
    (c) Evidence required in support of tax-free sales to States or 
local governments. (1) The evidence required in support of a tax-free 
sale to the State or local government shall, except as provided in 
paragraph (c)(2) of this section, consist of a certificate, executed and 
signed by an officer or employee authorized by the State or local 
government to execute and sign the certificate. If it is impracticable 
to furnish a separate certificate for each order or contract because of 
a frequency of purchases, a certificate covering all orders between 
given dates (such period not to exceed 12 calendar quarters) will be 
acceptable. The certificates and proper records of invoices, orders, 
etc., relative to tax-free sales must be retained by the manufacturer as 
provided in section 6001 and the regulations thereunder. The certificate 
shall be in substantially the following form:

                          Exemption Certificate

(For use by States and local governments (section 4221(a)(4) of the 
Internal Revenue Code))
                                      (Date) __________________, 19____.

    I hereby certify that I am __________________ (Title of Officer) of 
__________________ (State or local government) that I am authorized to 
execute this certificate; and that:

                 (Check applicable type of certificate)

---- the article or articles specified in the accompanying order, or on 
the reverse side hereof, (or)

---- all orders placed by the purchaser for the period commencing 
__________________ (Date) and ending __________________ (Date) (period 
not to exceed 12 calendar quarters), are, or will be, purchased from 
__________________ (Name of manufacturer) for the exclusive use of 
__________________ (Governmental unit) of __________________ (State or 
local government).
    I understand that the exemption from tax in the case of sales of 
articles under this exemption certificate to a State, etc., is limited 
to the sale of articles purchased for its exclusive use. I understand 
that the fraudulent use of this certificate for the purpose of securing 
this exemption will subject me and all parties making such fraudulent 
use of this certificate to a fine of not more than $10,000, or to 
imprisonment for not more than 5 years, or both, together with costs of 
prosecution.

.......................................................................
                                                           (Signature)  
.......................................................................
                                                             (Address)  


[[Page 199]]


    (2) A purchase order, provided that all of the information required 
by paragraph (c)(1) of this section is included therein, is acceptable 
in lieu of a separate exemption certificate.
    (d) Resale of articles purchased tax free by a State or local 
government. If articles purchased tax free for the exclusive use of a 
State or local government are prior to use by the State or local 
government resold under circumstances that do not amount to an exclusive 
use by the State or local government (such as tires that are resold by a 
volunteer fire department to volunteer firemen), the parties responsible 
in the State or local government are required to inform the 
manufacturer, producer, or importer from whom the articles were 
purchased that they were disposed of in a manner that did not amount to 
an exclusive use by the State or local government. A willful failure to 
supply the manufacturer, producer, or importer with the information 
required by this subparagraph will subject responsible parties to the 
penalties provided by section 7203.

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 8036, 50 FR 
29963, July 23, 1985; T.D. 8659, 61 FR 10463, Mar. 14, 1996]





Sec. 48.4221-6  Tax-free sales of articles to nonprofit educational organizations.

    (a) In general. An article (excluding an automobile subject to tax 
under section 4064) subject to tax under Chapter 32 of the Code may be 
sold tax free by the manufacturer, pursuant to section 4221(a)(5) and 
this section, to a nonprofit educational organization for its exclusive 
use. See paragraph (b) of this section for the meaning of the term 
``nonprofit educational organization''. An article may be sold tax free 
by the manufacturer under this paragraph only in those cases where the 
sale of an article by the manufacturer is made directly to a nonprofit 
educational organization for its exclusive use. Accordingly, no sale may 
be made tax free to a dealer for resale to a nonprofit educational 
organization for its exclusive use even though it is known at the time 
of sale by the manufacturer that the article will be so resold. See 
section 6416(b)(2)(D), and paragraph (b)(4) of Sec. 48.6416(b)-2, for 
the circumstances under which credit or refund of tax is available where 
tax-paid articles are sold for the exclusive use of a nonprofit 
educational organization.
    (b) Nonprofit educational organization. The term ``nonprofit 
educational organization'' means an organization described in section 
170(b)(1)(A)(ii) that is exempt from income tax under section 501(a). 
Section 170(b)(1)(A)(ii) describes an ``educational organization'' as 
one that normally maintains a regular faculty and curriculum and 
normally has a regularly enrolled body of pupils or students in 
attendance at the place where its educational activities are regularly 
carried on. The term also includes a school operated as an activity of 
an organization described in section 501(c)(3) which is exempt from 
income tax under section 501(a), provided the primary function of such 
school is the presentation of formal instruction and provided such 
school normally maintains a regular faculty and curriculum and normally 
has a regularly enrolled body of pupils or students in attendance at the 
place where its educational activities are regularly carried on.
    (c) Evidence required in support of tax-free sales to nonprofit 
educational organizations. Every nonprofit educational organization 
purchasing tax free under section 4221(a)(5) must furnish the following 
information to the seller:
    (1) The exempt purpose for which the article or articles are being 
purchased, and
    (2) Its registration number, and the district director's office that 
issued the registration number.

Such information must be in writing and may be noted on the purchase 
order or other document furnished by the purchaser to the seller in 
connection with each sale ``except that a single notification containing 
the information described in this paragraph may cover all sales by the 
seller to the purchaser made during a designated period not to exceed 12 
successive calendar quarters.''. See paragraph (c) of Sec. 48.4221-1 for 
the evidence required to establish exemption.

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 7686, 45 FR 
17574, Mar. 19, 1980; T.D. 8036, 50 FR 29963, July 23, 1985]

[[Page 200]]





Sec. 48.4221-7  Tax-free sales of tires and tubes.

    (a) In general. A manufacturer of tires or inner tubes that are 
taxable under section 4071 may sell such articles tax free if the sale 
meets the conditions prescribed in section 4221(e)(2) and paragraph (a) 
(1) and (2) of this section. The following are conditions under which 
articles taxable under section 4071 may be sold tax free:
    (1) The tire or tube is sold for use by the purchaser for sale on or 
in connection with the sale of another article manufactured or produced 
by the purchaser; and
    (2) The other article is to be sold in a tax-free sale by the 
purchaser for export, for use as supplies for vessels or aircraft, to a 
State or local government for its exclusive use, or to a nonprofit 
educational organization for its exclusive use, or the other article is 
to be sold by the purchaser for any of such purposes in a sale which 
would be tax-free but for the fact that the other article is not subject 
to tax under Chapter 32 of the Code.

See section 6416(b)(2)(F) and paragraph (b)(6) of Sec. 48.6416(b)-2 for 
the circumstances under which credit or refund of tax is available for 
tax-paid tires or tubes that are resold for the purposes described in 
this paragraph (a).
    (b) Registration requirements. In order to effect a tax-free sale 
under section 4221(e)(2)(A), both the manufacturer and purchaser (except 
for purchasers who are exempt from the registration requirement under 
Sec. 48.4222(b)-1) must be registered with the District Director of 
Internal Revenue as required in Sec. 48.4222(a)-1. At the time of sale, 
the registration number assigned to the purchaser by the district 
director together with the purpose for which the article was purchased 
must be shown on (or attached to) the invoice, purchase order, or other 
document used for the sale.
    (c) Proof required in support of tax-free sales of tires and tubes--
(1) Cessation of exemption. The exemption allowed under section 
4221(e)(2)(A) and this section on the sale of a tire or inner tube shall 
cease to apply unless, within the 6-month period which begins on the 
date of the tax-free sale by the manufacturer of such article (or, if 
earlier, on the date of shipment by such manufacturer), the manufacturer 
receives proof from the purchaser that such article has been used on or 
in connection with the sale of another article which has been sold for 
one of the tax-exempt purposes referred to in paragraph (a)(2) of this 
section. If the manufacturer has not received the required information 
within such 6-month period, the temporary suspension of the liability 
for the payment of the tax ceases, and the manufacturer shall include 
the tax on the sale of the tire or inner tube in his return for the 
period in which the 6-month period expires. If the required information 
is received after the expiration of the 6-month period, the manufacturer 
may file a claim for credit or refund of tax so paid on his sale of the 
tire or inner tube.
    (2) Required information. The information which the manufacturer 
must receive within the 6-month period, referred to in paragraph (c)(1) 
of this section, shall be in substantially the following form:

                   Statement of Manufacturer's Vendee

(To support tax-free sales of tires or inner tubes by the manufacturer 
          thereof for use on or in connection with the sale of another 
          article (section 4221(e)(2) of the Internal Revenue Code))

                                        (Date) __________________, 19--.

    I certify that I, or the __________________, (Name of purchaser if 
other than undersigned) of which I am __________________ (Title) am/is 
in the business of selling __________________ (Products handled) and 
hold(s) certificate of registry No. ____ issued by the District Director 
of Internal Revenue at __________________; and that the tires or inner 
tubes which were purchased or shipped on ____________, 19____, as 
specified on the back hereof, have been used on or in connection with 
the sale of __________________ (Products sold) by such undersigned.

                                Check one

---- for export by __________________ (Name of carrier) to 
__________________ (Name of foreign country or U.S. possession) and was 
so exported on __________, 19--____ (Date). (A copy of the bill of 
lading or other proof of exportation is attached.)

---- for use as supplies on __________________ (Name of vessel or 
aircraft) which is registered in __________________ (Name of country in 
which vessel or aircraft is registered).


[[Page 201]]


---- to __________________ (Name of State or local government).

---- to __________________ (Name and address of the nonprofit 
educational organization).

    I understand that the fraudulent use of this certificate for the 
purpose of substantiating the tax-free sale will subject me and all 
parties making such fraudulent use of this certificate to revocation of 
the privilege of purchasing articles tax free and to a fine of not more 
than $10,000 or to imprisonment for not more than 5 years, or both, 
together with costs of prosecution.

.......................................................................
                                                           (Signature)  
.......................................................................
                                                             (Address)  





Sec. 48.4221-8  Tax-free sales of tires, tubes, and tread rubber used on intercity, local, and school buses.

    (a) In general. Under section 4221(e)(5), the taxes imposed by 
section 4071(a)(1), (3) and (4) shall not apply to sales by a 
manufacturer, producer, or importer of tires of the type used on highway 
vehicles or inner tubes for tires sold for use by the purchaser on or in 
connection with a qualified bus, or to the sales by a manufacturer, 
producer, or importer of tread rubber sold for use by the purchaser in 
the recapping or retreading of any tire to be used by the purchaser on 
or in connection with a qualified bus if the requirements of this 
section are met.
    (b) Meaning of terms--(1) Qualified bus. ``Qualified bus'' means an 
intercity, local, or school bus.
    (2) Intercity or local bus. ``Intercity or local bus'' means any 
automobile bus which is used predominantly (more than 50 percent) in 
furnishing (for compensation) passenger land transportation available to 
the general public if such transportation is scheduled and along regular 
routes, or if the seating capacity of the bus is at least 20 adults (not 
including the driver). In determining predominant use, mileage travelled 
with passengers as well as mileage travelled incidental to such 
passenger transportation, such as ``deadheading'', is counted. Under the 
first alternative, the size of the bus is not relevant for purposes of 
determining whether or not the use of the bus qualifies for the 
exemption. Under the second alternative, for non-scheduled bus 
operations, such as that provided by charter buses, the exemption is 
available only if the bus has a passenger seating capacity of at least 
20 adults and the transportation is available to the general public. For 
purposes of determining whether the bus has a seating capacity of at 
least 20 adults, the bus driver is not included. Service is available to 
the general public if bus service is used in a passenger transportation 
business in which service is offered to more than a limited number of 
persons, groups, or organizations.
    (3) School bus. ``School bus'' means any automobile bus in which 
``substantially all'' (85 percent or more) of the use involves 
transporting students and employees of a school. Incidental use 
(deadheading) of the school bus without passengers to or from a point to 
which students or employees of school are transported is considered to 
be a use which involves transporting students or employees of schools. A 
school is any educational organization which normally maintains a 
regular faculty and curriculum and normally has a regularly enrolled 
body of pupils or students in attendance at the place where its 
educational activities are carried on. Tax-exempt schools, taxable 
schools, and a private contractor who operates a bus for tax-exempt or a 
taxable school may qualify for the tax exemption if all the requirements 
of this section are met.
    (b) Registration requirements for tires, tubes, and tread rubber; 
vendees purchasing tax free. The provisions of section 4221(e)(5) do not 
apply with respect to any sale unless the manufacturer and the vendee 
are registered as required under section 4222, and unless they comply 
with all the requirements under that section relating to tax-free sales. 
See Sec. 48.4222 (a)-1. Persons not required to be registered under 
section 4222(b) may purchase articles tax free by following the same 
procedures that apply to them in the case of other tax-free sales. See 
Sec. 48.4222(b)-1. A person's registration and right to sell or purchase 
articles tax free may be revoked or suspended as provided in 
Sec. 48.4222(c).1. Such a revocation or suspension shall be in addition 
to any other penalties that may apply.
    (c) Cross reference. For credit or refund, see section 6416(b)(2).

[[Page 202]]

    (d) Information; records--(1) Information to be furnished to 
purchaser. A manufacturer selling tires, tubes, or tread rubber tax free 
under section 4221(e)(5) shall indicate to the purchaser that the 
purchaser is obtaining the tires or tubes tax free for the purpose of 
use on or in connection with a qualified bus, and that the purchaser is 
obtaining the tread rubber tax free for use in the recapping or 
retreading of tires to be used by the purchaser on or in connection with 
a qualified bus. The manufacturer may transmit this information by any 
convenient means, such as coding of sales invoices, provided that the 
information is presented with sufficient particularity so that the 
purchaser is informed that the purchaser has obtained the tires, tubes, 
and tread rubber tax free.
    (2) Records of manufacturer. A manufacturer selling tires, tubes, or 
tread rubber tax free under section 4221(e)(5) shall maintain in its 
records the identity of the purchaser, a signed statement of the exempt 
purpose for purchasing the tires, tubes, or tread rubber, and the 
quantity of tires, tubes, or tread rubber sold tax free to each 
purchaser.
    (3) Records of purchaser. A person purchasing tires, tubes, or tread 
rubber tax free under section 4221(e)(5) must maintain sufficient 
records to establish that the tires, tubes, or tread rubber purchased 
tax free has actually been used for that purpose.
    (e) Duty of selling manufacturer to ascertain validity of tax-free 
sale. The selling manufacturer is not relieved of liability under the 
provisions of section 4221(e)(5) by reason of section 4221(c) for the 
tax imposed by section 4061(b) if at the time of sale the selling 
manufacturer has knowledge or reason to believe that the tires, tubes, 
or tread rubber sold by it to the purchaser are not intended for use on 
an intercity, local, or school bus, or that the purchaser has failed to 
register, or that its registration has been revoked or suspended.
    (f) Effective date. Section 4221(e)(5) (relating to tires, tubes, 
and tread rubber) applies to sales on or after December 1, 1978. The 
sale of tires, tubes, or tread rubber sold prior to that date is not 
exempt from tax under section 4221(e)(5).

[T.D. 7834, 47 FR 42346, Sept. 27, 1982. Redesignated by T.D. 8659, 61 
FR 10463, Mar. 14, 1996]





Sec. 48.4222(a)-1  Registration.

    (a) General rule. Except as provided in Sec. 48.4222(b)-1, tax-free 
sales under section 4221 may be made only if the manufacturer, first 
purchaser, and second purchaser, as the case may be, have been 
registered by the Internal Revenue Service.
    (b) Application instructions. Application for registration under 
section 4222 must be made in accordance with instructions for Form 637 
(or such other form as the Commissioner may designate).
    (c) Evidence required in support of tax-free sales. See subparagraph 
(1) of Sec. 48.4221-1(c) for evidence required in support of tax-free 
sales to purchasers who are required to be registered.
    (d) Failure to register. If either the seller or purchaser is not 
registered as required by this section of the regulations, tax-free 
sales may not be made, except as indicated in Sec. 48.4222(b)-1.
    (e) Cross references. (1) For exceptions to the requirement for 
registration, see section 4222(b) and Sec. 48.4222(b)-1.
    (2) For revocation or suspension of registration, see 
Sec. 48.4222(c)-1.
    (3) For applicability of section 4222 and these regulations to 
exemptions provided by sections 4063(b), 4182(b), and 4293, see 
Sec. 48.4222(d)-1

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 8659, 61 FR 
10463, Mar. 14, 1996]





Sec. 48.4222(b)-1  Exceptions to the requirement for registration.

    (a) State and local governments. The Internal Revenue Service will 
not register State or local governments under section 4222. To establish 
the right to sell articles tax free to a State or local government, the 
manufacturer must obtain the information described in Sec. 48.4221-5(c).
    (b) Sales or resales to foreign purchasers for export. Persons whose 
principal place of business is not within the United States may, but are 
not required to, register in order to purchase articles tax free for 
export. To establish the right to sell articles tax free

[[Page 203]]

for export to a purchaser who is not registered and who is located in a 
foreign country or a possession of the United States, the manufacturer 
must obtain the evidence required by paragraph (b) of Sec. 48.4221-3.
    (c) United States. Except as provided in paragraph (f) of 
Sec. 48.4222(d)-1 (relating to sales to the American Red Cross) the 
registration requirements of the regulations in this part do not apply 
to purchases and sales by the United States or any of its agencies or 
instrumentalities. The evidence required in support of such tax-free 
purchases and sales is a notation on the purchase order or other 
document furnished to the seller clearly indicating that the article or 
articles are being purchased tax free as authorized by Chapter 32 of the 
Code.
    (d) Supplies for vessels and aircraft. An article subject to an 
excise tax imposed by Chapter 32 of the Code may be sold tax free by the 
manufacturer under the provisions of Sec. 48.4221-4 for use by the 
purchaser as supplies for a vessel or aircraft if both the manufacturer 
and the purchaser are registered under the provisions of 
Sec. 48.4222(a)-1. The article also may, on or after July 1, 1965, be 
sold tax free for such use even though neither the manufacturer nor the 
purchaser is so registered if the provisions of paragraph (d) of 
Sec. 48.4221-4 are satisfied.

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 8659, 61 FR 
10463, Mar. 14, 1996]





Sec. 48.4222(c)-1  Revocation or suspension of registration.

     The district director or the Director of International Operations, 
as the case may be, is authorized to revoke or temporarily suspend, upon 
written notice, the registration of any person and the right of such 
person to sell or purchase articles tax free under section 4221 of the 
Code in any case in which he finds that (1) the registrant is not a bona 
fide manufacturer, or a purchaser reselling direct to manufacturers or 
exporters; (2) the registrant is for some other reason not eligible 
under these regulations to retain a Certificate of Registry; (3) the 
registrant has used his registration to avoid the payment of any tax 
imposed by Chapter 32 of the Code, or to postpone or interfere in any 
manner with the collection of such tax; (4) such revocation or 
suspension is necessary to protect the revenue; or (5) the registrant 
failed to comply with the requirements of paragraph (c) of Sec. 48.4222 
(a)-1, relating to the evidence required to support a tax-free sale. The 
revocation or suspension of registration is in addition to any other 
penalty that may apply under the law for any act or failure to act.

(Secs. 4222 (72 Stat. 1284; 26 U.S.C. 4222) and 7805 (68A Stat. 917; 26 
U.S.C. 7805) of the Internal Revenue Code of 1954); secs. 4051, 4052, 
4061 and 7805 of the Internal Revenue Code of 1954 (96 Stat. 2174, 2175 
and 2173; 68A Stat. 917; 26 U.S.C. 4051, 4052, 4061, and 7805) and secs. 
522 and 523 of the Highway Revenue Act of 1982 (Pub. L. 97-424, 96 Stat. 
2185, 2186))

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 7753, 46 FR 
2999, Jan. 13, 1981; T.D. 7882, 48 FR 14362, Apr. 4, 1983]





Sec. 48.4222(d)-1  Registration in the case of certain other exemptions.

    The registration procedure set forth in Sec. 48.4222 (a)-1 also 
applies in the following cases:
    (a) Tax-free sales on or after March 10, 1980, under section 
4064(b)(1)(C) (relating to emergency vehicles). Both the vendor and 
vendee (other than a State or local government) must be registered.
    (b) Tax-free sales under section 4293 to any corporation created by 
Act of Congress to act in matters of relief under the treaty of Geneva 
of August 22, 1864 (American Red Cross) for its exclusive use. Both the 
vendor and the vendee must be registered.

[T.D. 7536, 43 FR 13522, Mar. 31, 1978, as amended by T.D. 7834, 47 FR 
42347, Sept. 27, 1982; T.D. 8036, 50 FR 29963, July 23, 1985; T.D. 8659, 
61 FR 10463, Mar. 14, 1996]





Sec. 48.4223-1  Special rules relating to further manufacture.

    (a) Purchasing manufacturer to be treated as the manufacturer. For 
purposes of Chapter 32, a manufacturer or producer to whom an article is 
sold or resold tax free under section 4221(a)(1) of the Code for use by 
it in further manufacture shall be treated as the manufacturer or 
producer of such article. If a manufacturer who purchases an article tax 
free for further manufacture does not use the article for further

[[Page 204]]

manufacture, the sale of the article by it, or its use of the article 
other than in further manufacture, shall, for purposes of the taxes 
imposed by Chapter 32 of the Code, be treated as a sale or use of the 
article by the manufacturer thereof. See paragraphs (b) and (c) of this 
section for determination of taxable sale price where an article 
purchased tax free for further manufacture is resold, or used other than 
in further manufacture.
    (b) Computation of tax. Except as provided in paragraph (c) of this 
section, the tax liability referred to in paragraph (a) of this section 
shall be based on the price for which the article was sold by the 
purchasing manufacturer, or, where the manufacturer uses the article for 
a purpose other than which it was purchased, the tax shall be based on 
the price at which such or similar articles are sold, in the ordinary 
course of trade by manufacturers, producers, or importers thereof. See 
section 4218(e) and Sec. 48.4218-5.
    (c) Election. (1) Instead of computing the tax as described under 
paragraph (b) of this section, the purchasing manufacturer who has 
incurred liability for tax on its sale or use of an article as provided 
by paragraph (a) of this section may compute the tax incurred under 
Chapter 32 by using as the tax base either the price for which the 
article was sold to it by the first purchaser, if any, or the price for 
which such article was sold by the actual manufacturer, producer, or 
importer of such article. The purchasing manufacturer must have in its 
possession information upon which to substantiate such basis for tax. 
For purposes of this paragraph, the price for which the article was sold 
by the actual manufacturer or by the first purchaser shall be determined 
as provided in section 4216 and the regulations thereunder. However, 
such price shall not be adjusted for any discount, rebate, allowance, 
return, or repossession of a container or covering, or otherwise.
    (2) The election under this paragraph shall be in the form of a 
statement attached to the return reporting the tax applicable to the 
sale or use of the article which gave rise to such tax liability. Such 
election, once made, may not be revoked.





Sec. 48.4225-1  Exemption of articles manufactured or produced by Indians.

    The exemption provided under section 4225 applies to articles 
taxable under Chapter 32 of the Code that are of native Indian 
handicraft and are manufactured or produced by Indians on Indian 
reservations or in Indian schools, or manufactured or produced by 
Indians who are under the jurisdiction of the United States Government 
in Alaska. For purposes of this section, Indians who reside on 
allotments of land adjacent to an Indian reservation and are subject to 
the supervision, control, and jurisdiction of the Bureau of Indian 
Affairs are considered to be ``Indians on Indian reservations''.



   Subpart O--Refunds and Other Administrative Provisions of Special 
            Application to Retailers and Manufacturers Taxes





Sec. 48.6412-1  Floor stocks credit or refund.

    (a) In general. This section sets forth the procedures to be 
followed in claiming the credit or refund authorized by section 6412 for 
manufacturers excise taxes paid in respect of certain articles held by 
dealers as floor stocks on October 1, 1988. See Sec. 48.6412-2 for 
definitions of the following terms when used in this section: ``floor 
stocks'', ``inventory date'', ``dealer'', ``held by a dealer'', ``old 
rate'', ``new rate'', ``dealer request limitation date'', ``claim 
limitation date'', and ``tax paid''. See Sec. 48.6412-3 for determining 
the amount of tax paid on articles that are held as floor stocks. The 
manufacturers excise taxes for which credit or refund may be claimed 
under this section are those imposed by section 4071, relating to tires 
of the type used on highway vehicles; and section 4081, relating to 
gasoline. For definition of the term ``highway vehicle'', see 
Sec. 48.4061(a)-1(d).
    (b) Computation of the amount of floor stocks credit or refund. The 
amount of floor stocks credit or refund which may be claimed by the 
manufacturer under section 6412(a)(1) may not exceed an amount equal to 
the difference between the tax paid by the manufacturer on the sale of 
the article and the amount of tax made applicable to the article on

[[Page 205]]

the inventory date. No interest is allowable with respect to any amount 
of tax credited or refunded under section 6412 and this section. In 
applying the floor stocks credit or refund provisions, the date on which 
the manufacturer paid the tax with respect to the article held as floor 
stocks is not relevant. Thus, the period of limitations provided in 
section 6511 with respect to claims for credit or refund does not apply; 
however, see paragraph (f) of this section. For definition of the term 
``manufacturer'', see Sec. 48.0-2(a)(4).
    (c) Limitation. Except as provided in Sec. 48.6412-3, no credit or 
refund is allowable under this section for an amount paid as tax which 
may be credited or refunded under any provisions of law other than 
section 6412(a)(1), or which was allowable as a credit or refund under 
section 6412 with respect to an earlier inventory date.
    (d) Relationship between credits or refunds for floor stocks and 
credits or refunds for price readjustments. The amount which may be 
credited or refunded for floor stocks and for price readjustments on an 
article may not in the aggregate exceed the tax paid in respect of the 
article. A credit or refund computed on the basis of the old tax rate 
will be allowed with respect to a price readjustment of an article on 
which a floor stock credit or refund was allowed, but only if the amount 
of the floor stock credit or refund otherwise allowable was reduced by 
taking into account such price readjustment, as determined under 
Sec. 48.6412-3(e). The manufacturer must keep readily available for 
inspection sufficient records to enable examining officers of the 
Internal Revenue Service to ascertain the correctness of any claim for 
credit or refund for a price readjustment of an article on which a floor 
stock refund was claimed.
    (e) Participation of dealers--(1) Request by dealer. On or before 
the dealer request limitation date, a dealer may submit to a 
manufacturer a request with respect to a credit or refund allowable 
under this section for tax paid by the manufacturer with respect to 
articles held by the dealer as floor stocks. This request may be 
submitted directly to the manufacturer, or it may be submitted to him 
indirectly through another dealer in the distribution chain if the 
request is received by the manufacturer or an authorized agent of the 
manufacturer on or before the dealer request limitation date.
    (2) Requirements for claim by manufacturer. No amount of credit or 
refund under this section may be claimed by a manufacturer with respect 
to articles held by a dealer as floor stocks unless--
    (i) The claim for the amount is based upon a request submitted by 
the dealer to the claimant on or before the dealer request limitation 
date;
    (ii) The amount is paid by the claimant to the dealer, or the 
dealer's written consent to allowance of the credit or refund has been 
received by the claimant, on or before the claim limitation date; and
    (iii) The request by the dealer is supported by an inventory 
statement, made under the penalties of perjury and signed by the dealer 
or by the dealer's authorized representative, setting forth the 
following information:
    (A) The name and address of the dealer and of the applicable 
manufacturer, (if the name and address of the applicable manufacturer is 
unknown to the dealer, these items may be added by any person in the 
chain of distribution);
    (B) The identification number, if any, of the article, such as a 
serial, stock, model, type, or class number, or some other suitable 
means of identification;
    (C) A brief description of the article, such as its common name or 
designation; and
    (D) The quantity of articles held by the dealer as floor stocks on 
the inventory date.
    (3) Actual manufacturer unknown. If a dealer addresses a request to 
the person, who from markings on the article the dealer presumes to be 
the manufacturer, the request may be treated as made to the actual 
manufacturer if the actual manufacturer accepts the dealer's request.
    (4) Payment to dealer by claimant. Payment may be made directly to 
the dealer or to the dealer's authorized agent or representative by the 
claimant or by the claimant's authorized agent or representative. If a 
claimant pays a dealer

[[Page 206]]

through the claimant's agent or representative, the evidence must show 
that the dealer actually received the payment. If a dealer authorizes 
the claimant to pay the dealer through the dealer's agent or 
representative, evidence showing receipt of the payment by the agent or 
representative will be accepted as proof of actual payment to the 
dealer. Payment shall be made, at the manufacturer's option, in cash, by 
check, or by credit to the dealer's account as maintained by the 
claimant. The amount of the payment which may be made by crediting the 
dealer's account may not exceed the undisputed debit balance due at the 
time the credit is made. However, payment may be made in merchandise at 
the dealer's option with the concurrence of the manufacturer.
    (5) Date of performance. The date on which any act described in this 
paragraph (e) is performed by an agent or representative on behalf of a 
claimant or dealer is deemed to be the date on which the act is 
performed by the principal.
    (6) Record of inventories. For provisions relating to the record of 
a dealer's inventories to be kept by the claimant, see paragraph (g) of 
this section.
    (7) Sample written consent. No particular form is prescribed or 
required for the written consent of the dealer described in paragraph 
(e)(2)(ii) of this section. However, the following is an example of an 
acceptable consent statement by a dealer:

                       Consent Statement of Dealer

    (For use by dealer in requesting manufacturer, producer, or importer 
to obtain credit under section 6412 of the Internal Revenue Code of 1954 
with respect to floor stocks.)
    I hereby consent to the allowance to the manufacturer, producer, or 
importer of the floor stocks credit or refund of the excise tax imposed 
by the Internal Revenue Code of 1954 with respect to the articles in my 
inventory on __________.
_______________________________________________________________________
(Name)
By______________________________________________________________________
(Signature of Officer)
_______________________________________________________________________
(Title)
_______________________________________________________________________
(Date)

    (f) Procedure for claiming credit or refund--(1) In general. Each 
claim for credit or refund under this section shall be filed on or 
before the applicable claim limitation date, in the manner and subject 
to the conditions stated in this section and in Sec. 301.6402-2 of this 
chapter (Regulations on Procedure and Administration). Either credit or 
refund, or a combination thereof, may be claimed, but the amount which 
may be claimed as a credit on a return shall not exceed the total tax 
liability shown on the return, reduced by the amount of any deposits 
made under Sec. 48.6302(c)-1 with respect to the return and by any 
amount of credit claimed on the return pursuant to any provision of law 
other than section 6412. If the total amount which may be claimed 
exceeds the amount that may be claimed as credit on a return, the excess 
amount may be claimed on or before the applicable claim limitation date 
either as a refund or as a credit on a subsequent return. If credit is 
claimed the amount of the credit shall be entered as a credit on a 
timely-filed return of tax. The statement described in paragraph (f)(2) 
of this section must show the amount and date of each previous and 
concurrent claim for credit or refund under this section and indicate 
whether any future claims are expected to be filed.
    (2) Supporting evidence to be submitted by the manufacturer. No 
credit or refund shall be allowed under this section unless there is 
submitted, in support of the claim for credit or refund, a statement 
signed by the person making the claim, that describes in general terms 
the articles covered by the claim, sets forth the method of computing 
the amount claimed (including a description of any procedures used 
pursuant to Sec. 48.6412-3), and states that--
    (i) The claimant paid to the district director or the director of 
the internal revenue service center the tax for which credit or refund 
is claimed;
    (ii) The total amount claimed represents payments requested by 
dealers before the dealer request limitation date;
    (iii) The total amount claimed either was paid by the claimant to 
the dealers, or the claimant received the written consent of the dealers 
to the allowance of the amount claimed:

[[Page 207]]

    (iv) The claimant has in his possession, and available for 
inspection by internal revenue officers, the evidence with respect to 
inventories required by paragraph (g)(2) of this section, and any 
written consents referred to in paragraph (f)(2)(iii) of this section; 
and
    (v) No other claim for credit or refund under this section has been 
or will be made by the claimant with respect to any amount covered by 
the claim.
    (g) Evidence to be retained in the manufacturer's records. Every 
person filing a claim for credit or refund pursuant to this section 
shall support the claim by keeping as part of the claimant's records--
    (1) The dealer's inventory statements required by paragraph 
(e)(2)(iii) of this section, to the extent that the articles are covered 
by the claim;
    (2) Records, in respect of the articles held by each dealer, 
showing--
    (i) The name and address of the dealer,
    (ii) The quantities of each article held by the dealer as floor 
stocks by taxable category, for example, by model or type number,
    (iii) The amount of tax considered to be paid by the manufacturer 
with respect to each article held by the dealer, as determined under 
Sec. 48.6412-3,
    (iv) The amount of tax, if any, which the claimant would pay on the 
sale of each article held by the dealer if the tax were computed at the 
new rate,
    (v) The total amount of reimbursement due the dealer,
    (vi) The date on which the claimant received from the dealer the 
request described in paragraph (e)(1) of this section, but only if 
payment was not made to the dealer before the dealer request limitation 
date, and
    (vii) The date and amount of each payment to a dealer, or the date 
of receipt by the claimant from the dealer of a written consent, as set 
forth in paragraph (e)(2)(ii) of this section; and
    (3) Any such written consent received from a dealer.
    (h) Special rules where the presumed manufacturer is the agent of 
the actual manufacturer. For purposes of this section, if a manufacturer 
sells articles tax-paid to a second manufacturer for resale by the 
second manufacturer under its own brand name, the second manufacturer 
may perform any acts and keep any records which are a prerequisite to 
the first manufacturer's filing a claim for floor stocks credit or 
refund with respect to the articles. If such a procedure is followed, 
the claim filed by the first manufacturer shall include a statement 
indicating the name and address of the second manufacturer and the 
amount of its claim which relates to articles sold to the second 
manufacturer.
    (i) Effect on other claims for credit or refund. If a claim for 
credit or refund is made pursuant to section 6416 and the regulations 
thereunder, relating in part to returned sales, sales for export or for 
exempt use, sales to States, etc., with respect to a tax imposed by 
section 4071 or section 4081, and if the claim is made with respect to 
articles sold by the claimant before the date on which the tax is 
reduced in rate or terminated, the claim shall be based on the new rate 
of tax unless the claimant can establish that the tax was imposed at the 
old rate and that no refund or credit under this section was allowed 
with respect to the articles. See, however, paragraph (d) of this 
section.
    (j) Other applicable provisions. All provisions of law, including 
penalties, applicable in respect of the taxes imposed by sections 4071 
and 4081 shall, insofar as applicable and not inconsistent with section 
6412, apply in respect to the credits and refunds provided for in 
section 6412 to the same extent as if the credits or refunds constituted 
overpayments of the taxes. For provisions under which timely mailing is 
treated as timely filing, and for provisions applicable to the time for 
performance of acts when the last day falls on Saturday, Sunday, or a 
legal holiday, see Secs. 301.7502-1 and 301.7503-1, respectively, of 
this chapter (Regulations on Procedure and Administration).

[T.D. 8043, 50 FR 32019, Aug. 8, 1985]





Sec. 48.6412-2  Definitions for purposes of floor stocks credit or refund.

    For purposes of section 6412 and the regulations thereunder--
    (a) Floor stocks. The term ``floor stocks'' means any article 
subject to the tax imposed by section 4071 or section 4081 which--

[[Page 208]]

    (1) Is sold by the manufacturer (otherwise than in a tax-free sale) 
before October 1, 1988,
    (2) Is held by a dealer at the first moment on October 1, 1988, and 
has not been used, and
    (3) Is intended for sale.

However, the term ``floor stocks'' does not include gasoline in retail 
stocks held at the place where intended to be sold at retail, nor with 
respect to gasoline held for sale by a producer or importer of gasoline.
    (b) Inventory date. The term ``inventory date'' means the first 
moment on the date on which an article is treated as floor stocks within 
the meaning of paragraph (a) of this section.
    (c) Dealer. The term ``dealer'' includes a wholesaler, jobber, 
distributor, or retailer.
    (d) Held by a dealer--(1) In general. (i) An article is considered 
as ``held by a dealer'' if title to the article has passed to the dealer 
(whether or not delivery to the dealer has been made), and if, for 
purposes of consumption, title to or possession of the article has not 
at any time been transferred to any person other than a dealer.
    (ii) Floor samples, demonstrators, and articles undergoing repair 
(whether or not on the dealer's premises) that are carried in stock to 
be sold as new articles, and articles purchased tax-paid by a 
manufacturer or a sales subsidiary and held by the person on the 
inventory date for resale as such, will be considered as unused and held 
by a dealer, if title to or possession of the article has not at any 
time been transferred to any person for purposes of consumption.
    (iii) Articles sold by a dealer to a consumer before the inventory 
date and thereafter repossessed by the dealer, and articles purchased 
tax-paid by a manufacturer for use in further manufacture within the 
meaning of section 4221(d)(6), will not be considered as held by a 
dealer.
    (iv) The determination as to the time title or possession passes for 
purposes of consumption shall be made under applicable local law.
    (2) Examples. The application of this paragraph (d) may be 
illustrated by the following examples:

    Example (1). If, under local law, title to an article sold by a 
dealer under a conditional sales contract is in the dealer on the 
inventory date, but the consumer has physical possession of the article 
on that date, the article is not considered as held by the dealer.
    Example (2). If, under local law, title to an article is in the 
consumer on the inventory date because the article is specifically 
identified with a contract, but on that date the dealer still has 
physical possession of the article, for example, in his will-call 
department, the article is not considered as held by the dealer on that 
date because title to the article has passed to the consumer for 
purposes of consumption.
    Example (3). If, under local law, title to an article is in the 
consumer on the inventory date because the dealer transferred the 
article to a common carrier for delivery to the consumer, the article in 
transit is not considered as held by the dealer on that date because 
title has passed to the consumer for purposes of consumption, even 
though neither the dealer nor the consumer has physical possession of 
the article.
    Example (4). If, under local law, title to an article is in the 
dealer on the inventory date and does not pass to the consumer until 
delivery by a common carrier, the article in transit shall be considered 
as held by the dealer on that date because neither the title nor 
possession has passed to the consumer for purposes of consumption.
    Example (5). If an article has been mortgaged or otherwise 
hypothecated by a dealer as security for a loan and, under local law, 
title to the article is in the creditor on the inventory date, and 
physical possession is in the dealer, the article shall be considered as 
held by the dealer on that date because neither title nor possession has 
passed to the consumer for purposes of consumption.

    (e) Old rate. The term ``old rate'' means the rate of tax in effect 
with respect to the sale of an article before the date designated in 
paragraph (a) or (b) of this section on which the tax is reduced in rate 
or is terminated.
    (f) New rate. The term ``new rate'' means the rate of tax, if any, 
in effect with respect to the sale of an article on the date designated 
in paragraph (a) or (b) of this section on which the tax is reduced in 
rate or is terminated.
    (g) Dealer request limitation date. The term ``dealer request 
limitation date'' is the date prescribed by section 6412(a)(1) before 
which the request on which the manufacturer's claim is based must be 
submitted to the manufacturer by the dealer who held the floor stocks on 
the inventory date. In the case of an article held by a dealer

[[Page 209]]

on October 1, 1988, the dealer request limitation date is January 1, 
1989.
    (h) Claim limitation date. The term ``claim limitation date'' means 
the last date prescribed by section 6412(a)(1) on which refund or credit 
with respect to floor stocks may be claimed by a manufacturer. In the 
case of an article held by a dealer on October 1, 1988, the claim 
limitation date is March 31, 1989.
    (i) Tax paid. A tax is considered paid if it was paid or was offset 
by an allowable credit on the return on which it was reported.

[T.D. 8043, 50 FR 32021, Aug. 8, 1985]





Sec. 48.6412-3  Amount of tax paid on each article.

    (a) General rule. For purposes of making the claim for credit or 
refund under Sec. 48.6412-1 in respect of floor stocks held by a dealer, 
the tax paid on each article must be separately computed. If desired, 
the procedures set forth in paragraphs (b) through (g) of this section 
may be used in making the computation. The procedure used in determining 
the tax paid on an article must also be used in determining the amount 
of tax, if any, made applicable to the article on the effective date of 
reduction or repeal of the tax involved. Prior approval of the Internal 
Revenue Service for the method of computation need not be obtained and 
should not be requested.
    (b) Selling price. In determining the price of an article on which 
the tax paid is to be computed, the average of the gross selling prices 
of identical articles sold during a representative period may be used. 
For example, truck chassis of the same model that are sold by the 
manufacturer with the same equipment and accessories are identical 
articles whose selling prices may be computed on the basis of an 
average.
    (c) Transportation charges. In determining the price of an article 
on which the tax paid is to be computed, the average of the exclusions 
authorized by section 4216(a) for transportation, delivery, insurance, 
installation, etc., for a reasonable category of articles during a 
representative period may be used.
    (d) Credits for tax paid on inner tubes. The average of the credits 
authorized by section 6416(c) for tax paid on tires or inner tubes may 
be averaged for a reasonable category of articles during a 
representative period. The credits shall be subtracted from the gross 
excise tax to arrive at the net excise tax paid.
    (e) Price readjustments. (1) In determining the price on which the 
tax paid is to be computed, there must be taken into account any price 
readjustments with respect to which the manufacturer has filed a claim 
for credit or refund under section 6416(b). Other price readjustments 
which have been, or are reasonably expected to be, made with respect to 
the article may, at the option of the manufacturer, be taken into 
account in computing the price of the article.
    (2) Price readjustments which cannot be attributed to specific 
articles as of the inventory date (as, for example, a price readjustment 
of a flat dollar amount which is made to dealers who meet a sales quota) 
may be taken into account on the basis of an average of the adjustments 
which is computed for a reasonable category of articles over a 
representative period.
    (3) Price readjustments related to specific items (as, for example, 
an automatic rebate of a specific percentage of the price of each unit 
sold to a dealer) may not be averaged, and in such a case only the 
actual price readjustment attributable to a particular article may be 
taken into account in computing the tax on that article.
    (4) If, because of the facts in a case, a price readjustment can be 
attributed to specific articles for purposes of consumer refunds but 
cannot be attributed to specific articles for purposes of floor stocks 
credits or refunds, the price adjustment may be averaged for purposes of 
both consumer refunds and floor stocks credits and refunds.
    (f) Representative period. A period will be considered a 
representative period if--
    (1) It covers (i) at least four consecutive calendar quarters, the 
last of which ends with a period of six calendar months immediately 
preceding the effective date of the tax reduction or repeal involved or 
(ii) any other period of time which the taxpayer can

[[Page 210]]

demonstrate constitutes a representative period for the particular 
category, and
    (2) The number of articles in the category involved sold by the 
manufacturer during the period either (i) equals or exceeds the number 
of articles in the category to which the average amount is to be applied 
or (ii) can be demonstrated by the taxpayer to be a representative 
quantity.
    (g) Reasonable category. Examples of a reasonable category of 
articles are articles that are identified by a common stock or class 
number or which are of the same model, class, or line. For the purpose 
of averaging exclusions, another example of a reasonable category of 
articles is a grouping of articles that are shipped in the same 
container. If a manufacturer sells articles bearing his own trademark 
and also sells articles as private brands, separate computations of the 
two brands must be made under this section.

[T.D. 8043, 50 FR 32022, Aug. 8, 1985]





Sec. 48.6416(a)-1  Claims for credit or refund of overpayments of taxes on special fuels and manufacturers taxes.

    Any claims for credit or refund of an overpayment of a tax imposed 
by chapter 31 or chapter 32 shall be made in accordance with the 
applicable provisions of this subpart and the applicable provisions of 
Sec. 301.6402-2 of this chapter (Regulations on Procedure and 
Administration). A claim on Form 843 is not required in the case of a 
claim for credit, but the amount of the credit shall be claimed by 
entering that amount as a credit on a return of tax under this subpart 
filed by the person making the claim. In this regard, see 
Sec. 48.6416(f)-1.

[T.D. 8043, 50 FR 32022, Aug. 8, 1985]





Sec. 48.6416(a)-2  Credit or refund of tax on special fuels.

    (a) Overpayments not described in section 6416(b)(2)--(1) Claims 
included. This paragraph applies only to claims for credit or refund of 
an overpayment of tax imposed by section 4041(a)(1)(A) (relating to tax 
on the sale of diesel fuel), section 4041(a)(2)(A) (relating to tax on 
the sale of special motor fuels), section 4041(c)(1)(A) (relating to tax 
on the sale of fuel for use in noncommercial aviation), or section 
4041(c)(2)(A) (relating to the tax on sale of gasoline for use in 
noncommercial aviation). It does not apply, however, to a claim for 
credit or refund of any overpayment described in paragraph (b) of this 
section which arises by reason of the application of section 6416(b)(2).
    (2) Supporting evidence required. No credit or refund of any 
overpayment to which this paragraph (a) applies shall be allowed unless 
the person who paid the tax submits with the claim a written consent of 
the ultimate purchaser to the allowance of the credit or refund, or 
submits with the claim a statement, supported by sufficient available 
evidence, asserting that--
    (i) The person has neither included the tax in the price of the fuel 
with respect to which it was imposed nor collected the amount of the tax 
from a vendee, and identifying the nature of the evidence available to 
establish these facts, or
    (ii) The person has repaid the amount of the tax to the ultimate 
purchaser of the fuel.
    (3) Ultimate purchaser. The term ``ultimate purchaser'', as used in 
paragraph (a)(2) of this section, means the vendee to whom the fuel was 
sold tax-paid by the person claiming credit or refund.
    (b) Overpayments determined under section 6416(b)(2)--(1) Claims 
included. This paragraph applies only to claims for credit or refund of 
amounts paid as tax under section 4041(a)(1)(A) (relating to tax on the 
sale of diesel fuel) or section 4041(a)(2)(A) (relating to tax on the 
sale of special motor fuels) that are determined to be overpayments by 
reason of section 6416(b)(2) (relating to tax payments in respect of 
certain uses, sales, or resales of a taxable article).
    (2) Supporting evidence required. No credit or refund of an 
overpayment to which this paragraph (b) applies shall be allowed unless 
the person who paid the tax submits with the claim a statement, 
supported by sufficient available evidence, asserting that--
    (i) The person has neither included the tax in the price of the fuel 
with respect to which it was imposed nor collected the amount of the tax 
from a vendee, and identifying the nature of

[[Page 211]]

the evidence available to establish these facts, or
    (ii) The person has repaid, or agreed to repay, the amount of the 
tax to the ultimate vendor of the fuel, or
    (iii) The person has secured, and will submit upon request of the 
Service, the written consent of the ultimate vendor to the allowance of 
the credit or refund.
    (3) Ultimate vendor.  The term ``ultimate vendor'', as used in 
paragraph (b)(2) of this section, means the seller making the sale which 
gives rise to the overpayment or which last precedes the exportation or 
use which gives rise to the overpayment.
    (c) Nonapplication to tax on use of special fuels. This section 
shall not have any effect on overpayments of tax under section 
4041(a)(1)(B) (relating to tax on the use of diesel fuel), section 
4041(a)(2)(B) (relating to tax on the use of special motor fuels), 
section 4041(c)(1)(B) (relating to tax on the use of fuel other than 
gasoline in noncommercial aviation), section 4041(c)(2)(B) (relating to 
tax on the use of gasoline in noncommercial aviation), or section 4042 
(relating to tax on fuel used in commercial transportation on inland 
waterways).

[T.D. 8043, 50 FR 32022, Aug. 8, 1985]





Sec. 48.6416(a)-3  Credit or refund of manufacturers tax under chapter 32.

    (a) Overpayment not described in section 6416(b)(3)(C) or (4) (prior 
to April 1, 1983) and section 6416(b)(2)--(1) Claims included. This 
paragraph applies only to claims for credit or refund of an overpayment 
of manufacturers tax imposed by chapter 32. It does not apply, however, 
to a claim for credit or refund on any overpayment described in 
paragraph (b) of this section which arises by reason of the application 
of section 6416(b)(2), (3)(C), or (4).
    (2) Supporting evidence required. No credit or refund of any 
overpayment to which this paragraph (a) applies shall be allowed unless 
the person who paid the tax submits with the claim a written consent of 
the ultimate purchaser to the allowance of the credit or refund, or 
submits with the claim a statement, supported by sufficient availabe 
evidence, asserting that--
    (i) The person has neither included the tax in the price of the 
article with respect to which it was imposed nor collected the amount of 
the tax from a vendee, and identifying the nature of the evidence 
available to establish these facts, or
    (ii) The person has repaid the amount of the tax to the ultimate 
purchaser of the article.
    (3) Ultimate purchaser--(i) General rule. The term ``ultimate 
purchaser'', as used in paragraph (a)(2) of this section, means the 
person who purchased the article for consumption, or for use in the 
manufacture of other articles and not for resale in the form in which 
purchased.
    (ii) Special rule under section 6416(a)(3). (A) Conditions to be 
met.--If tax under chapter 32 is paid in respect of an article and the 
Commissioner determines that the article is not subject to tax under 
chapter 32, the term ``ultimate purchaser'', as used in paragraph (a)(2) 
of this section, includes any wholesaler, jobber, distributor, or 
retailer who, on the 15th day after the date of the determination, holds 
for sale any such article with respect to which tax has been paid, if 
the claim for credit or refund of the overpayment in respect of the 
articles held for sale by the wholesaler, jobber, distributor, or 
retailer is filed on or before the date on which the person who paid the 
tax is required to file a return for the period ending with the first 
calendar quarter which begins more than 60 days after the date of the 
determination by the Commissioner.
    (B) Supporting statement--A claim for credit or refund of an 
overpayment of tax in respect of an article as to which a wholesaler, 
jobber, distributor, or retailer is the ultimate purchaser, as provided 
in this paragraph (a)(3)(ii), must be supported by a statement that the 
person filing the claim has a statement, by each wholesaler, jobber, 
distributor, or retailer whose articles are covered by the claim, 
showing total inventory, by model number and quantity, of all such 
articles purchased tax-paid and held for sale as of 12:01 a.m. of the 
15th day after the date of the determination by the Commissioner that 
the article is not subject to tax under chapter 32.

[[Page 212]]

    (C) Inventory requirement--The inventory shall not include any such 
article, title to which, or possession of which, has previously been 
transferred to any person for purposes of consumption unless the entire 
purchase price was repaid to the person or credited to the person's 
account and the sale was rescinded or any such article purchased by the 
wholesaler, jobber, distributor, or retailer as a component part of, or 
on or in connection with, another article. An article in transit at the 
first moment of the 15th day after the date of the determination is 
regarded as being held by the person to whom it was shipped, except that 
if title to the article does not pass until delivered to the person the 
article is deemed to be held by the shipper.
    (b) Overpayments described in section 6416(b) (3)(C) or (4) (prior 
to April 1, 1983) and section 6416(b)(2)--(1) Claims included--This 
paragraph applies only to claims for credit or refund of amounts paid as 
tax under chapter 32 that are determined to be overpayments by reason of 
section 6416(b)(2) (relating to tax payments in respect of certain uses, 
sales, or resales of a taxable article), section 6416(b)(3)(C) (relating 
to tax-paid tires or inner tubes used for further manufacture), or 
section 6416(b)(4) (relating to tires or inner tubes used by the 
manufacturer on another manufactured article).
    (2) Supporting evidence required.--No credit or refund of an 
overpayment to which this paragraph (b) applies shall be allowed unless 
the person who paid the tax submits with the claim a statement, 
supported by sufficient available evidence, asserting that--
    (i) The person neither included the tax in the price of the article 
with respect to which it was imposed nor collected the amount of the tax 
from a vendee, and identifying the nature of the evidence available to 
establish these facts, or
    (ii) The person repaid, or agreed to repay, the amount of the tax to 
the ultimate vendor of the article, or
    (iii) The person has secured, and will submit upon request of the 
Service, the written consent of the ultimate vendor to the allowance of 
the credit or refund.
    (3) Ultimate vendor--(i) General rule--The term ``ultimate vendor'', 
as used in paragraph (b)(2) of this section, means the seller making the 
sale which gives rise to the overpayment or which last precedes the 
exportation or use which has given rise to the overpayment.
    (ii) Special rule under section 6416(a)(3)(B) prior to revision by 
the Highway Revenue Act of 1982--In the case of an overpayment 
determined under section 6416(b) (2)(F), (3)(C), or (4) in respect of 
tires or inner tubes, where the taxable article is used as a component 
part of, or sold on or in connection with or with the sale of, a second 
article which is exported, sold to a nonprofit educational organization 
for its exclusive use, sold to a State or local government for the 
exclusive use of a State or local government or used or sold for use as 
supplies for vessels or aircraft, the term ``ultimate vendor'', as used 
in paragraph (b)(2) of this section, means the ultimate vendor of the 
second article. See Secs. 48.6416(b)(2)-2(g), 48.6416(b)(3)-2(d), and 
48.6416(b)(4)-1(b), respectively.
    (c) Overpayments not included. This section does not apply to any 
overpayment determined under section 6416(b)(1) (relating to price 
readjustments), section 6416(b)(3)(A) (relating to certain cases in 
which refund or credit is allowable to the manufacturer who uses, in the 
further manufacture of a second article, a taxable article purchased by 
the manufacturer tax-paid), section 6416(b)(3)(B) prior to April 1, 1983 
(relating to parts or accessories taxable under section 4061(b) and used 
by a subsequent manufacturer or producer as material or a component part 
of any other article manufactured or produced by him), section 
6416(b)(4) after March 31, 1983 (relating to tires), section 6416(b)(5) 
(relating to the return to the seller of certain installment accounts 
which the seller had previously sold) or section 6416(b)(6) (relating to 
truck chassis, bodies, and semi-trailers used for further manufacture). 
In this regard, see Secs. 48.6416(b)(1)-1, 48.6416(b)(3)-1, and 
48.6416(b)(5)-1.

[T.D. 8043, 50 FR 32023, Aug. 8, 1985]

[[Page 213]]





Sec. 48.6416(b)(1)-1  Price readjustments causing overpayments of manufacturers tax.

    In the case of any payment of tax under chapter 32 that is 
determined to be an overpayment by reason of a price readjustment within 
the meaning of section 6416(b)(1) and Sec. 48.6416(b)(1)-2 or 
Sec. 48.6416(b)(1)-3, the person who paid the tax may file a claim for 
refund of the overpayment or may claim credit for the overpayment on any 
return of tax under this subpart which the person subsequently files. 
Price readjustments may not be anticipated. However, if the readjustment 
has actually been made before the return is filed for the period in 
which the sale was made, the tax to be reported in respect of the sale 
may, at the election of the taxpayer, be based either (a) on the price 
as so readjusted or (b) on the original sale price and a credit or 
refund claimed in respect of the price readjustment. A price 
readjustment will be deemed to have been made at the time when the 
amount of the readjustment has been refunded to the vendor or the vendor 
has been informed that the vendor's account has been credited with the 
amount. No interest shall be paid on any credit or refund allowed under 
this section. For provisions relating to the evidence required in 
support of a claim for credit or refund, see Sec. 301.6402-2 of this 
chapter (Regulations on Procedure and Administration), Sec. 48.6416(a)-
3(a)(2), and Sec. 48.6416(b)(1)-4. For provisions authorizing the taking 
of a credit in lieu of filing a claim for refund, see section 6416(d) 
and Sec. 48.6416(f)-1.

[T.D. 8043, 50 FR 32024, Aug. 8, 1985]





Sec. 48.6416(b)(1)-2  Determination of price readjustments.

    (a) In general--(1) Rules of usual application--(i) Amount treated 
as overpayment.--If the tax imposed by chapter 32 has been paid and 
thereafter the price of the article on which the tax was based is 
readjusted, that part of the tax which is proportionate to the part of 
the price which is repaid or credited to the purchaser is considered to 
be an overpayment. A readjustment of price to the purchaser may occur by 
reason of--
    (A) The return of the article,
    (B) The repossession of the article,
    (C) The return or repossession of the covering or container of the 
article, or
    (D) A bona fide discount, rebate, or allowance against the price at 
which the article was sold.
    (ii) Requirements of price readjustment. A price readjustment will 
not be deemed to have been made unless the person who paid the tax 
either--
    (A) Repays part or all of the purchase price in cash to the vendee,
    (B) Credits the vendee's account for part or all of the purchase 
price, or
    (C) Directly or indirectly reimburses a third party for part or all 
of the purchase price for the direct benefit of the vendee.

In addition, to be deemed a price readjustment, the payment or credit 
must be contractually or economically related to the taxable sale that 
the payment or credit purports to adjust. Thus, commissions or bonuses 
paid to a manufacturer's own agents or salesperson for selling the 
manufacturer's taxable products are not price readjustments for purposes 
of this section, since those commissions or bonuses are not paid or 
credited either to the manufacturer's vendee or to a third party for the 
vendee's benefit. On the other hand, a bonus paid by the manufacturer to 
a dealer's salesperson for negotiating the sale of a taxable article 
previously sold to the dealer by the manufacturer is considered to be a 
readjustment of the price on the original sale of the taxable article, 
regardless of whether the payment to the salesperson is made directly by 
the manufacturer or to the salesperson through the dealer. In such a 
case, the payment is related to the sale of a taxable article and is 
made for the benefit of the dealer because it is made to the dealer's 
salesperson to encourage the sale of a product owned by the dealer. 
Similarly, payments or credits made by a manufacturer to a vendee as 
reimbursement of interest expense incurred by the vendee in connection 
with a so-called ``free flooring'' arrangement for the purchase of 
taxable articles is a price readjustment, regardless of whether the 
payment or credit is made directly to the vendee or to the vendee's 
creditor on behalf of the vendee.
    (iii) Limitation on credit or refund. The credit or refund allowable 
by reason of a price readjustment in respect of the

[[Page 214]]

sale of a taxable article may not exceed an amount which bears the same 
ratio to the total tax originally due and payable on the article as the 
amount of the tax-included readjustment bears to the original tax-
included sale price of the article.

    Example. A manufacturer sells a taxable article for $100 plus $10 
excise tax, and reports and pays tax liability accordingly. Thereafter, 
the manufacturer credits the customer's account for $11 (tax included) 
in readjustment of the original sale price. The overpayment of tax is 
$1, determined as follows:

Tax-included readjustment x 
Tax-included sale price
Original tax due=
Tax overpayment.

$11 x $10=
$1 tax overpaid.

$110

    (2) Rules of special application--(i) Constructive sale price.--If, 
in the case of a taxable sale, the tax imposed by chapter 32 is based on 
a constructive sale price determined under any paragraph of section 
4216(b) and the regulations thereunder, as determined without reference 
to section 4218, then any price readjustment made with respect to the 
sale may be taken into account under this section only to the extent 
that the price readjustment reduces the actual sale price of the article 
below the constructive sale price.

    Example. (A) A manufacturer sells a taxable article at retail for 
$110 tax included. Under section 4216(b)(1) the constructive sale price 
(tax included) of the article is determined to be $93. Thereafter, the 
manufacturer grants an allowance of $10 to the purchaser, which reduces 
the actual selling price (tax included) to $100. Since the readjustment 
price still exceeds the amounts of the constructive sale price, this 
readjustment is not recognized as a price readjustment under this 
section.
    (B) Subsequently, the manufacturer extends to the purchaser an 
additional price allowance of $10, thereby reducing the actual sale 
price to $90. Since the actual sale price is now $3 less than the 
constructive sale price of $93, the manufacturer has overpaid by the 
amount of tax attributable to the $3. Assuming the tax rate involved is 
10 percent, and the prices involved are tax-included, the overpayment of 
tax would be $0.27, determined as follows:
[GRAPHIC] [TIFF OMITTED] TC05OC91.031

    (ii) Price determined under section 4223(b)(2). If a manufacturer 
(within the meaning of section 4223(a)) to whom an article is sold or 
resold free of tax in accordance with the provisions of section 
4221(a)(1) for use in further manufacture diverts the article to a 
taxable use or sells it in a taxable sale, and pursuant to the 
provisions of section 4223(b)(2) computes the tax liability in respect 
of the use or sale on the price for which the article was sold to the 
manufacturer or on the price at which the article was sold by the actual 
manufacturer, a reduction of the price on which the tax was based does 
not result in an overpayment within the meaning of section 6416(b)(1) of 
this section. Moreover, if a manufacturer purchases an article tax free 
and computes the tax in respect of a subsequent sale of the article 
pursuant to the provisions of section 4223(b)(2), an overpayment does 
not arise by reason of readjustment of the price for which the article 
was sold by the manufacturer except where the readjustment results from 
the return or repossession of the article by the manufacturer, and all 
of the purchase price is refunded by the manufacturer. See, however, 
paragraph (b)(4) of this section as to repurchased articles.
    (b) Return of an article--(1) Price readjustment. If a taxable 
article is returned to the manufacturer who paid the tax imposed by 
chapter 32 on the sale of the article, a price readjustment giving rise 
to an overpayment results--
    (i) If the article is returned before use, and all of the purchase 
price is repaid to the vendee or credited to the vendee's account, or

[[Page 215]]

    (ii) If the article is returned under an express or implied warranty 
as to quality or service, and all or a part of the purchase price is 
repaid to the vendee or credited to the vendee's account, or
    (iii) If title is still in the seller, as, for example, in the case 
of certain installment sales contracts, and all or a part of the 
purchase price is repaid to the vendee or credited to the vendee's 
account.
    (2) Return of purchase price. For purposes of paragraph (b)(1) of 
this section, if all of the purchase price of an article has been 
returned to the vendee, except for an amount retained by the 
manufacturer pursuant to contract as reimbursement of expense incurred 
in connection with the sale (such as a handling or restocking charge), 
all of the purchase price is considered to have been returned to the 
vendee.
    (3) Taxability of subsequent sale or use. If, under any of the 
conditions described in paragraph (b)(1) of this section, an article is 
returned to the manufacturer who paid the tax and all of the purchase 
price is returned to the vendee, the sale is considered to have been 
rescinded. Any subsequent sale or use of the article by the manufacturer 
will be considered to be an original sale or use of the article by the 
manufacturer which is subject to tax under chapter 32 unless otherwise 
exempt. If under any such condition an article is returned to the 
manufacturer who paid the tax and only part of the purchase price is 
returned to the vendee, a subsequent sale of the article by the 
manufacturer will be subject to tax to the extent that the sale price 
exceeds the adjusted sale price of the first taxable sale.
    (4) Treatment of other transactions as repurchases. Except as 
provided in paragraph (b)(1) of this section, a price readjustment will 
not result when a taxable article is returned to the manufacturer who 
paid the tax on the sale of the article, even though all or a part of 
the purchase price is repaid to the vendee or credited to the vendee's 
account, since such a transaction will be considered to be a repurchase 
of the article by the manufacturer.
    (c) Repossession of an article. If a taxable article is repossessed 
by the manufacturer who paid the tax imposed by chapter 32 on the sale 
of the article, and all or a part of the purchase price is repaid to the 
vendee or credited to the vendee's account, a price readjustment giving 
rise to an overpayment will result. However, if the manufacturer later 
resells the repossessed article for a price in excess of the original 
adjusted sale price, the manufacturer will be liable for tax under 
chapter 32 to the extent that the resale price exceeds the original 
adjusted sale price.
    (d) Return or repossession of covering or container. If the covering 
or container of a taxable article is returned to, or repossessed by the 
manufacturer who paid the tax imposed by chapter 32 on the sale of the 
article, and all or a portion of the purchase price is repaid to the 
vendee or credited to the vendee's account by reason of the return or 
repossession of the covering or container, a price adjustment giving 
rise to an overpayment will result. If a taxable article is considered 
to have been repurchased, as provided in paragraph (b)(4) of this 
section, and the covering or container accompanies the taxable article 
as part of the transaction, the covering or container will also be 
considered to have been repurchased.
    (e) Bona fide discounts, rebates, or allowances--(1) In general. 
Except as provided in Sec. 48.6416(b)(1)-3 (relating to readjustments in 
respect of local advertising), the basic consideration in determining, 
for purposes of this section, whether a bona fide discount, rebate, or 
allowance has been made is whether the price actually paid by, or 
charged against, the purchaser has in fact been reduced by subsequent 
transactions between the parties. Generally, the price will be 
considered to have been readjusted by reason of a bona fide discount, 
rebate, or allowance, only if the manufacturer who made the taxable sale 
repays a part of the purchase price in cash to the vendee, or credits 
the vendee's account, or directly or indirectly reimburses a third party 
for part or all of the purchase price for the direct benefit of the 
vendee, in consideration of factors which, if taken into account at the 
time of the original transaction, would have resulted at that time in a 
lower sale price. For example, a price readjustment will be considered 
to have been made when a bona

[[Page 216]]

fide discount, rebate, or allowance is given in consideration of such 
factors as prompt payment, quantity buying over a specified period, the 
vendee's inventory of an article when new models are introduced, or a 
general price reduction affecting articles held in stock by the vendee 
as of a certain date. On the other hand, repayments made to the vendee 
do not effectuate price readjustments if given in consideration of 
circumstances under which the vendee has incurred, or is required to 
incur, an expense which, if treated as a separate item in the original 
transaction, would have been includible in the price of the article for 
purposes of computing the tax.
    Examples. The provisions of paragraph (e)(1) of this section may be 
illustrated by the following examples:

    Example (1). B, a manufacturer of fishing rods, bills its 
distributors in a specified amount per fishing rod purchased by them. 
Thereafter, B issues to each distributor a credit memorandum in the 
amount of X dollars for each demonstration by the distributor of the 
fishing rods at a sporting goods exhibition. The credit which B allows 
the distributor for demonstration of B's product does not effect a 
readjustment of price.
    Example (2). C, a manufacturer of automobiles, bills its dealers in 
a specified amount per automobile purchased by them. Thereafter, C 
remits to the dealer X dollars of the original sale price for each 
automobile sold by the dealer in the last month of the model year. An 
additional amount of Y dollars is paid to the dealer upon a showing by 
the dealer that the dealer has paid Y dollars to the salesperson who 
made the sale. In this case, the X dollars paid to the dealer by C 
constitutes a bona fide discount, rebate, or allowance since payment of 
such amount is in the nature of a price reduction by reason of the 
dealer's inventory when new models are introduced. In addition, the Y 
dollars paid to the dealer in reimbursement for the amount paid by the 
dealer to the salesperson who made the sale, also constitutes a bona 
fide discount, rebate, or allowance.

    (2) Inability to collect price. A charge-off of an amount 
outstanding in an open account, due to inability to collect, is not a 
bona fide discount, rebate, or allowance and does not, in and of itself, 
give rise to a price readjustment within the meaning of this section.
    (3) Loss or damage in transit. If title to an article has passed to 
the vendee, the subsequent loss, damage, or destruction of the article 
while in the possession of a carrier for delivery to the vendee does 
not, in and of itself, affect the price at which the article was sold. 
However, if the article was sold under a contract providing that, if the 
article was lost, damaged, or destroyed in transit, title would revert 
to the vendor and the vendor would reimburse the vendee in full for the 
sale price, then the original sale is considered to have been rescinded. 
The vendor is entitled to credit or refund of the tax paid upon 
reimbursement of the full tax-included sale price to the vendee.

[T.D. 8043, 50 FR 32024, Aug. 8, 1985; 50 FR 42518, Oct. 21, 1985]





Sec. 48.6416(b)(1)-3  Readjustment for local advertising charges.

    (a) In general. If a manufacturer has paid the tax imposed by 
chapter 32 on the price of any article sold by the manufacturer and 
thereafter has repaid a portion of the price to the purchaser or any 
subsequent vendee in reimbursement of expenses for local advertising of 
the article or any other article sold by the manufacturer which is 
taxable at the same rate under the same section of chapter 32, the 
reimbursement will be considered a price readjustment constituting an 
overpayment which the manufacturer may claim as a credit or refund. The 
amount of the reimbursement may not, however, exceed the limitation 
provided by section 4216(e)(2) and Sec. 48.4216(e)-2, determined as of 
the close of the calendar quarter in which the reimbursement is made or 
as of the close of any subsequent calendar quarter of the same calendar 
year in which it is made. The term ``local advertising'', as used in 
this section, has the same meaning as prescribed by section 4216(e)(4) 
and includes generally, advertising which is broadcast over a radio 
station or television station, or appears in a newspaper or magazine, or 
is displayed by means of an outdoor advertising sign or poster.
    (b) Local advertising charges excluded from taxable price in one 
year but repaid in following year--(1) Determination of price 
readjustments for year in which charge is repaid. If the tax imposed by 
chapter 32 was paid with respect to local advertising charges that were 
excluded in computing the taxable price

[[Page 217]]

of an article sold in any calendar year but are not repaid to the 
manufacturer's purchaser or any subsequent vendee before May 1 of the 
following calendar year, the subsequent repayment of those charges by 
the manufacturer in reimbursement of expenses for local advertising will 
be considered a price readjustment constituting an overpayment which the 
manufacturer may claim as a credit or refund. The amount of the 
reimbursement may not, however, exceed the limitation provided by 
section 4216(e)(2) and Sec. 48.4216(e)-(2), determined as of the close 
of the calendar quarter in which the reimbursement is made or as of the 
close of any subsequent calendar quarter of the same calendar year in 
which it is made.
    (2) Redetermination of price readjustments for year in which charge 
was made. If the tax imposed by chapter 32 was paid with respect to 
local advertising charges that were excluded in computing the taxable 
price of an article sold in any calendar year but are not repaid to the 
manufacturer's purchaser or any subsequent vendor before May 1 of the 
following calendar year, the manufacturer may make a redetermination, in 
respect of the calendar year in which the charge was made, of the price 
readjustments constituting an overpayment which the manufacturer may 
claim as a credit or refund. This redetermination may be made by 
excluding the local advertising charges made in the calendar year that 
became taxable as of May 1 of the following calendar year.

[T.D. 8043, 50 FR 32026, Aug. 8, 1985]





Sec. 48.6416(b)(1)-4  Supporting evidence required in case of price readjustments.

    No credit or refund of an overpayment arising by reason of a price 
readjustment described in Sec. 48.6416(b)(1)-2 or Sec. 48.6416(b)(1)-3 
shall be allowed unless the manufacturer who paid the tax submits a 
statement, supported by sufficient available evidence--
    (a) Describing the circumstances which gave rise to the price 
readjustment,
    (b) Identifying the article in respect of which the price 
readjustment was allowed,
    (c) Showing the price at which the article was sold, the amount of 
tax paid in respect of the article, and the date on which the tax was 
paid,
    (d) Giving the name and address of the purchaser to whom the article 
was sold, and
    (e) Showing the amount repaid to the purchaser or credited to the 
purchaser's account.

[T.D. 8043, 50 FR 32026, Aug. 8, 1985]





Sec. 48.6416(b)(2)-1  Certain exportations, uses, sales, or resales causing overpayments of tax.

    In the case of any payment of tax under section 4041 (a)(1) or 
(a)(2) (diesel fuel and special fuels tax) or under chapter 32 
(manufacturers tax) that is determined to be an overpayment by reason of 
certain exportations, uses, sales, or resales described in section 
6416(b)(2) and Sec. 48.6416(b)(2)-2, the person who paid the tax may 
file a claim for refund of the overpayment or, in the case of 
overpayments under chapter 32, may claim credit for the overpayment on 
any return of tax under this subpart which the person subsequently 
files. However, under the circumstances described in section 6416(c) and 
Sec. 48.6416(e)-1, the overpayments under chapter 32 may be refunded to 
an exporter or shipper. In the case of overpayments of tax under section 
4041 resulting from certain nontaxable uses of tax-paid fuel after June 
30, 1970, see also section 6427 and the regulations thereunder. No 
interest shall be paid on any credit or refund allowed under this 
section. For provisions relating to the evidence required in support of 
a claim for credit or refund under this section, see Sec. 301.6402-2 of 
this chapter (Regulations on Procedure and Administration) and 
Secs. 48.6416(b)(2)-3 and 48.6416(b)(2)-4. For provisions authorizing 
the taking of a credit in lieu of filing a claim for refund, see section 
6416(d) and Sec. 48.6416(f)-1.

[T.D. 8043, 50 FR 32026, Aug. 8, 1985]





Sec. 48.6416(b)(2)-2  Exportations, uses, sales, and resales included.

    (a) In general. The payment of tax imposed by section 4041 (a)(1) or 
(a)(2), or by chapter 32, as the case may be, on the sale of any 
article, other than coal

[[Page 218]]

taxable under section 4121, will be considered to be an overpayment by 
reason of any exportation, use, sale, or resale described in any one of 
paragraphs (b) to (o), inclusive, of this section. This section applies 
only in those cases where the exportation, use, sale, or resale (or any 
combination thereof) referred to in any one or more of these paragraphs 
occurs before any other use. If any article is sold or resold for a use 
described in any one of these paragraphs and is not in fact so used, the 
paragraph is treated in all respects as inapplicable.
    (b) Exportation of tax-paid articles--(1) In general. Subject to the 
limitations of section 6416(b)(2) and paragraph (b)(2) of this section, 
tax paid under chapter 31 or 32 on the sale of any article will be 
considered to be an overpayment under section 6416(b)(2)(A) if the 
article is exported by any person. Except in the case of articles 
subject to the tax imposed by section 4061(a), prior to April 1, 1983, 
it is immaterial for purposes of this paragraph (b), whether the person 
who made the taxable sale had knowledge at the time of the sale that the 
article or fuel was being purchased for export to a foreign country or 
shipment to a possession of the United States. See Sec. 48.6416(e)-1 for 
the circumstances under which a claim for refund by reason of the 
exportation of an article may be claimed by the exporter or shipper, 
rather than by the person who paid the tax. For definition of the term 
``possession of the United States'', see Sec. 48.0-2(a)(11).
    (2) Rule for exportation of vaccines. Paragraph (b)(1) of this 
section applies to tax paid under section 4131 on the sale of a vaccine, 
but only if the sale by the manufacturer occurs after August 10, 1993, 
and, in the case of vaccine sold to the United States or any of its 
agencies or instrumentalities, the condition of Sec. 48.4221-3(e)(2) is 
satisfied.
    (c) Supplies for vessels or aircraft. A payment of tax under chapter 
32 on the sale of any article, or under section 4041 (a)(1) or (a)(2) on 
the sale of diesel fuel or special motor fuel, will be considered to be 
an overpayment under section 6416(b)(2)(B) if the article or fuel is 
used by any person, or is sold by any person for use by the purchaser, 
as supplies for vessels or aircraft.
    The term ``supplies for vessels or aircraft'', as used in this 
paragraph, has the same meaning as when used in sections 4041(g), 
4221(a)(3), 4221(d)(3), and 4221(e)(1), and the regulations thereunder.
    (d) Use by State or local government. A payment of tax under chapter 
32 on the sale of any article, or under section 4041 (a)(1) or (a)(2) on 
the sale of diesel fuel or special motor fuel, will be considered to be 
an overpayment under section 6416(b)(2)(C) if the article of fuel is 
sold by any person to a State, any political subdivision thereof, or the 
District of Columbia for the exclusive use of a State, any political 
subdivision thereof, or the District of Columbia. For provisions 
relating to tax-free sales to a State, any political subdivision 
thereof, or the District of Columbia, see section 4221(a)(4) and the 
regulations thereunder.
    (e) Use by nonprofit educational organization. A payment of tax 
under chapter 32 on the sale of any article, or under section 4041 
(a)(1) or (a)(2) on the sale of diesel fuel or special motor fuel, will 
be considered to be an overpayment under section 6416(b)(2)(D) if the 
article or fuel is sold by any person to a nonprofit educational 
organization for its exclusive use. The term ``nonprofit educational 
organization'', as used in this paragraph (e), has the same meaning as 
when used in section 4221 (a)(5) or (d)(5), whichever applies, and the 
regulations thereunder.
    (f) Tax-paid tires or inner tubes resold for use in further 
manufacture. A payment of tax under section 4071 on the sale of a tire 
or, prior to January 1, 1984, on the sale of an inner tube will be 
considered to be an overpayment under section 6416(b)(2)(E) if--
    (1) The tire or inner tube is, after the original sale of the 
article by the manufacturer, resold by any person to another 
manufacturer;
    (2) The other manufacturer sells the tire or inner tube on or in 
connection with, or with the sale of, any other article manufactured or 
produced by the other manufacturer; and
    (3) That other article is by any person either--
    (i) Exported to a foreign country or to a possession of the United 
States,

[[Page 219]]

    (ii) Sold to a State, any political subdivision thereof, or the 
District of Columbia for the exclusive use of a State, any political 
subdivision thereof, or the District of Columbia,
    (iii) Sold to a nonprofit educational organization for its exclusive 
use, or
    (iv) Used or sold for use as supplies for vessels or aircraft.

The overpayment described in this paragraph (f) is to be distinguished 
from the overpayment described in section 6416(b)(3)(C) prior to 
amendment by the Highway Revenue Act of 1982 and section 6416(b)(3) as 
amended by the Highway Revenue Act of 1982, and Sec. 48.6416(b)(3)-2 (d) 
in that the overpayment here described arises from a ``resale'' for the 
use described in this paragraph, while the section 6416(b)(3)(C) 
overpayment arises from the ``use'' of tires or inner tubes in the 
manufacture of other articles by a subsequent manufacturer who purchases 
tax-paid tires or tubes and disposes of finished articles on the basis 
of one of the exemptions set forth in section 6416(B)(3)(C). A 
manufacturer claiming a credit or refund under this paragraph (f) must 
have substantially the same information available in support of the 
claim as is required under Sec. 48.4221-7(c)(2) in support of exempt 
sales of tires or inner tubes under the provisions of section 
4221(e)(2), except that none of the parties involved need be registered 
under section 4222.

[T.D. 8043, 50 FR 32027, Aug. 8, 1985, as amended by T.D. 8561, 59 FR 
43045, Aug. 22, 1994; T.D. 8659, 61 FR 10463, Mar. 14, 1996]





Sec. 48.6416(b)(2)-3  Supporting evidence required in case of manufacturers tax involving exportations, uses, sales, or resales.

    (a) Evidence to be submitted by claimant. No claim for credit or 
refund of an overpayment, within the meaning of section 6416(b)(2) and 
Sec. 48.6416(b)(2)-2, of tax under chapter 32 shall be allowed unless 
the person who paid the tax submits with the claim the evidence required 
by paragraph (b)(2) of Sec. 48.6416(a)-3 and a statement, supported by 
sufficient available evidence--
    (1) Showing the amount claimed in respect of each category of 
exportations, uses, sales, or resales on which the claim is based and 
which give rise to a right of credit or refund under section 6416(b)(2) 
and Sec. 48.6416(b)(2)-1,
    (2) Identifying the article, both as to nature and quantity, in 
respect of which credit or refund is claimed,
    (3) Showing the amount of tax paid in respect of the article or 
articles and the dates of payment, and
    (4) In the case of an overpayment determined under section 
6416(b)(2)(A) and paragraph (b) of Sec. 48.6416(b)(2)-2 in respect of an 
article which was taxable prior to April 1, 1983 under section 4061(a), 
indicating that, pursuant to section 6416(g), the person claiming a 
credit or refund possessed at the time that person shipped the article 
or at the time title to the article passed to the vendee, whichever is 
earlier, evidence that the article was to be exported to a foreign 
country or shipped to a possession of the United States, or
    (5) In the case of any overpayment other than an overpayment 
determined under section 6416(b)(2)(E) and paragraph (f) of 
Sec. 48.6416(b)(2)-2, indicating that the person claiming a credit or 
refund possesses evidence (as set forth in paragraph (b)(1) of this 
section) that the article has been exported, or has been used, sold, or 
resold in a manner or for a purpose which gives rise to an overpayment 
within the meaning of section 6416(b)(2) and Sec. 48.6416(b)(2)-2, or
    (6) In the case of an overpayment determined under section 
6416(b)(2)(E) and paragraph (f) of Sec. 48.6416(b)(2)-2, relating to a 
tax-paid tire or inner tube sold on or in connection with, or with the 
sale of, a second article that has been manufactured, indicating that 
the person claiming credit or refund possesses (i) evidence (as set 
forth in paragraph (b)(2) of this section) that the second article has 
been exported, or has been used or sold as provided in 
Sec. 48.6416(b)(2)-2(f), and (ii) a statement, executed and signed by 
the ultimate purchaser of the tire or inner tube, that the ultimate 
purchaser purchased the tire or inner tube from a person other than the 
person who paid the tax on the sale of the tire or inner tube.
    (b) Evidence required to be in possession of claimant--(1) Evidence 
required under paragraph (a)(5)--(i) In general. The evidence required 
to be retained by the person who paid the tax, as provided in

[[Page 220]]

paragraph (a)(5) of this section, must, in the case of an article 
exported, consist of proof of exportation in the form prescribed in the 
regulations under section 4221 or must, in the case of other articles 
sold tax-paid by that person, consist of a certificate, executed and 
signed by the ultimate purchaser of the article, in the form prescribed 
in paragraph (b)(1)(ii) of this section. However, if the article to 
which the claim relates has passed through a chain of sales from the 
person who paid the tax to the ultimate purchaser, the evidence required 
to be retained by the person who paid the tax may consist of a 
certificate, executed and signed by the ultimate vendor of the article, 
in the form provided in paragraph (b)(1)(iii) of this section, rather 
than the proof of exportation itself or the certificate of the ultimate 
purchaser.
    (ii) Certificate of ultimate purchaser.
    (A) The certificate executed and signed by the ultimate purchaser of 
the article to which the claim relates must identify the article, both 
as to nature and quantity; show the address of the ultimate purchaser of 
the article, and the name and address of the ultimate vendor of the 
article; and describe the use actually made of the article in sufficient 
detail to establish that credit or refund is due, except that the use to 
be made of the article must be described in lieu of actual use if the 
claim is made by reason of the sale or resale of an article for a 
specified use which gives rise to the overpayment.
    (B) If the certificate sets forth the use to be made of any article, 
rather than its actual use, it must show that the ultimate purchaser has 
agreed to notify the claimant if the article is not in fact used as 
specified in the certificate.
    (C) The certificate must also contain a statement that the ultimate 
purchaser understands that the ultimate purchaser and any other party 
may, for fraudulent use of the certificate, be subject under section 
7201 to a fine of not more than $10,000, or imprisonment for not more 
than 5 years, or both, together with the costs of prosecution.
    (D) A purchase order will be acceptable in lieu of a separate 
certificate of the ultimate purchaser if it contains all the information 
required by this paragraph (b)(1)(ii).
    (iii) Certificate of ultimate vendor. Any certificate executed and 
signed by an ultimate vendor as evidence to be retained by the person 
who paid the tax, as provided in paragraph (a)(5) of this section, may 
be executed with respect to any one or more overpayments by the person 
which arose under section 6416(b)(2) and Secs. 48.6416(b)(2)-2 by reason 
of exportations, uses, sales or resales, occurring within any period of 
not more than 12 consecutive calendar quarters, the beginning and ending 
dates of which are specified in the certificate.
    The certificate must be in substantially the following form:

                      Statement of Ultimate Vendor

    (For use in claiming credit or refund of overpayment determined 
under section 6416(b)(2) (other than section 6416(b)(2)(E)) of the 
Internal Revenue Code.)
    The undersigned or the
_______________________________________________________________________
(Name of ultimate vendor if other than undersigned) of which the 
undersigned is (Title), is the ultimate vendor of the article specified 
below or on the reverse side hereof.
    The article was purchased by the ultimate vendor tax-paid and was 
thereafter exported, used, sold, or resold (as indicated below or on the 
reverse side hereof).
    The ultimate vendor possesses
_______________________________________________________________________
(Proof of exportation in respect of the article, or a certificate as to 
use executed by the ultimate purchaser of the article)
The_____________________________________________________________________
(Proof of exportation or certificate)
    (1) is retained by the ultimate vendor, (2) will, upon request, be 
forwarded to
_______________________________________________________________________
(Name or person who paid the tax)
at any time within 3 years from the date of this statement for use by 
that person to establish that credit or refund is due in respect of the 
article, and (3) will otherwise be held by the ultimate vendor for the 
required 3-year period.
    According to the best knowledge and belief of the undersigned, no 
statement in respect of the

[[Page 221]]

_______________________________________________________________________
(Proof of exportation or certificate)
has previously been executed, and the undersigned understands that the 
fraudulent use of this statement may, under section 7201, subject the 
undersigned or any other party making such fraudulent use to a fine of 
not more than $10,000, or imprisonment for not more than 5 years, or 
both, together with the costs of prosecution.
_______________________________________________________________________
(Signature)
_______________________________________________________________________
(Address)
_______________________________________________________________________
(Date)

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                Exported or use 
        Vendor's invoice               Articles         Date of resale         Quantity       made or to be made
                                                                                                   (specify)    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

    (2) Evidence required under paragraph (a)(6)--(i) In general--The 
evidence required to be retained by the person who paid the tax, as 
provided in paragraph (a)(6) of this section, must, in the case of an 
exportation of the second article, consist of proof of exportation of 
the second article in the form prescribed in the regulations under 
section 4221 or must, in other cases, consist of a certificate, executed 
and signed by the ultimate purchaser of the second article, in the form 
prescribed in paragraph (b)(2)(ii) of this section. However, the 
evidence required to be retained by the person who paid the tax may 
consist of a certificate, executed and signed by the ultimate vendor of 
the second article, in the form provided in paragraph (b)(2)(iii) of 
this section, rather than the proof of exportation itself or the 
certificate of the ultimate purchaser.
    (ii) Certificate of ultimate purchaser--The certificate of the 
ultimate purchaser of the second article must contain the same 
information as that required in paragraph (b)(1)(ii) of this section, 
except that the information must be furnished in respect of the second 
article, rather than the article to which the claims relates.
    (iii) Certificate of ultimate vendor--Any certificate executed and 
signed by an ultimate vendor as evidence to be retained by the person 
who paid the tax, as provided in paragraph (a)(6) of this section, may 
be executed with respect to any one of more overpayments by that person 
which arose under section 6416(b)(2)(E) and Sec. 48.6416(b)(2)-2 (f) by 
reason of exportations, uses, sales, or resales of a second article 
occurring within any period of not more than 12 consecutive calendar 
quarters, the beginning and ending dates of which are specified in the 
certificate. The certificate must be in substantially the following 
form:

                      STATEMENT Of ULTIMATE VENDOR

    (For use in claiming credit or refund of overpayment determined 
under section 6416 (b)(2)(E), Internal Revenue Code, involving tires or 
inner tubes sold on or with another article.)
    The undersigned or the
_______________________________________________________________________
(Name of ultimate vendor of second article if other than undersigned)

of which the undersigned is (Title), is the

ultimate vendor of an article, specified below or on the reverse side 
hereof, on which or with which a tax-paid tire or inner tube was sold.

    The ultimate vendor possesses

_______________________________________________________________________
(Proof of exportation in respect of the article on which or with which 
the tire or inner tube was sold, or a certificate as to use of the 
article executed by the ultimate purchaser of the article)
The
_______________________________________________________________________
(Proof of exportation or certificate) (1) is retained by the ultimate 
vendor, (2) will, upon request, be forwarded to

_______________________________________________________________________
(Name of person who paid the tax on the tire or inner tube)

at any time within 3 years from the date of this statement for use in 
establishing that credit or refund is due in respect of the tire or 
inner tube, and (3) will otherwise be held by the ultimate vendor for 
the required 3-year period.

    According to the best knowledge and belief of the undersigned, no 
statement in respect of the

[[Page 222]]

_______________________________________________________________________
(Proof of exportation or certificate)

has previously been executed, and the undersigned understands that the 
fraudulent use of this statement may, under section 7201, subject the 
undersigned or any other party making such fraudulent use to a fine of 
not more than $10,000, or imprisonment for not more than 5 years, or 
both, together with the costs of prosecution.
_______________________________________________________________________
(Signature)

_______________________________________________________________________
(Address)

_______________________________________________________________________
(Date)

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                         Vendor's                              Date of   Exported or use made of
  Tires or inner tubes (specify and     invoice on   Second article (specify   sale of    or to be made (specify
           state quantity)                second       and state quantity)      second     in respect of second 
                                         article                               article           article)       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------

    (3) Repayment or consent of ultimate vendor. If the person claiming 
credit or refund of an overpayment to which this section applies has 
repaid, or agreed to repay, the amount of the overpayment to the 
ultimate vendor or if the ultimate vendor consents to the allowance of 
the credit or refund, a statement to that effect, signed by the ultimate 
vendor, must be shown on, or made a part of, the evidence required under 
this section to be retained by the person claiming the credit or refund. 
In this regard, see Sec. 48.6416(a)-3(b)(2).

[T.D. 8043, 50 FR 32028, Aug. 8, 1985]





Sec. 48.6416(b)(2)-4  Supporting evidence required in case of special fuels tax involving exportations, uses, sales, or resales of special fuels.

    (a) Evidence to be submitted by claimant. No claim for credit or 
refund of an overpayment, within the meaning of section 6416(b)(2) and 
Sec. 48.6416(b)(2)-2 of tax under section 4041 (a)(1) or (b)(2) shall be 
allowed unless the person who paid the tax submits with the claim the 
evidence required by paragraph (b)(2) of Sec. 48.6416(a)-2 and a 
statement, supported by sufficient available evidence--
    (1) Showing the amount claimed in respect of each category of 
exportations, uses, sales, or resales on which the claim is based and 
which give rise to right of credit or refund under section 6416(b)(2) 
and Sec. 48.6416(b)(2)-1,
    (2) Identifying the fuel, both as to nature and quantity, in respect 
of which credit or refund is claimed,
    (3) Showing the amount of tax paid in respect of the fuel and the 
dates of payment, and
    (4) Indicating that the fuel has been exported, or has been used, 
sold, or resold in a manner or for a purpose which gives rise to an 
overpayment within the meaning of section 6416(b)(2) and 
Sec. 48.6416(b)(2)-2.
    (b) Evidence required to be in possession of claimant. (1) The 
evidence required to be retained by the person who paid the tax, as 
provided in paragraph (a)(4) of this section, must, in the case of fuel 
exported, consist of proof of exportation or must, in the case of other 
fuel sold tax-paid by that person, consist of a certificate, executed 
and signed by the person who purchased the fuel in a resale or for the 
use which gave rise to the overpayment.
    (2) The certificate must identify the fuel, both as to nature and 
quantity, in respect of which credit or refund is claimed; show the 
address of the purchaser; show the name and address of the person from 
whom the fuel was purchased and the date or dates on which the fuel was 
purchased; and show that the fuel was resold and the date of the resale.
    (3) If the claim is not based on resale of the fuel, the certificate 
must describe the use actually made of the fuel in sufficient detail to 
establish that credit or refund is due. However, the

[[Page 223]]

use to be made of the fuel must be described in lieu of actual use if 
the claim is made by reason of the sale of the fuel for a specified use 
which gives rise to an overpayment under Sec. 48.6416(b)(2)-2.
    (4) If the certificate sets forth the use to be made of the fuel, 
rather than its actual use, it must show that the purchaser has agreed 
to notify the claimant if the fuel is not in fact used as specified in 
the certificate.
    (5) The certificate must also contain a statement that the purchaser 
has not previously executed a certificate in respect of the fuel and 
understands that any party may, for fraudulent use of the certificate, 
be subject under section 7201 to a fine of not more than $10,000, or 
imprisonment for not more than 5 years, or both, together with the costs 
of prosecution.

[T.D. 8043, 50 FR 32030, Aug. 8, 1985]





Sec. 48.6416(b)(3)-1  Tax-paid articles used for further manufacture and causing overpayments of tax.

    In the case of any payment of tax under chapter 32 that is 
determined to be an overpayment under section 6416(b)(3) and 
Sec. 48.6416(b)(3)-2 by reason of the sale of an article (other than 
coal taxable under section 4121), directly or indirectly, by the 
manufacturer of the article to a subsequent manufacturer who uses the 
article in further manufacture of a second article or who sells the 
article with, or as a part of, the second article manufactured or 
produced by the subsequent manufacturer, the subsequent manufacturer may 
file claim for refund of the overpayment or may claim credit for the 
overpayment on any return of tax under this subpart subsequently filed. 
No interest shall be paid on any credit or refund allowed under this 
section. For provisions relating to the evidence required in support of 
a claim for credit or refund, see Sec. 301.6402-2 of this chapter 
(Regulations on Procedure and Administration) and Secs. 48.6416(a)-3 and 
48.6416(b)(3)-3. For provisions authorizing the taking of a credit in 
lieu of filing a claim for refund, see section 6416(d) and 
Sec. 48.6416(f)-1.

[T.D. 8043, 50 FR 32030, Aug. 8, 1985]





Sec. 48.6416(b)(3)-2  Further manufacture included.

    (a) In general. The payment of tax imposed by chapter 32 on the sale 
of any article (other than coal taxable under section 4121) by a 
manufacturer of the article will be considered to be an overpayment by 
reason of any use in further manufacture, or sale as part of a second 
manufactured article, described in any one of paragraphs (b) through (f) 
of this section. This section applies in those cases where the 
exportation, use, or sale (or any combination of those activities) 
referred to in any one or more of those paragraphs occurs before any 
other use. For provisions relating to overpayments arising by reason of 
resales of tax-paid articles for use in further manufacture as provided 
in this section, see section 6416(b)(2)(E) and paragraph (f) of 
Sec. 48.6416(b)(2)-2.
    (b) Use of tax-paid articles in further manufacture described in 
section 6416(b)(3)(A). A payment of tax under chapter 32 on the sale of 
any article (other than coal taxable under section 4121), directly or 
indirectly, by the manufacturer of the article to a subsequent 
manufacturer will be considered to be an overpayment under section 
6416(b)(3)(A) if the article is used by the subsequent manufacturer as 
material in the manufacture or production of, or as a component part of, 
a second article manufactured or produced by the subsequent manufacturer 
which is--
    (1) Taxable under chapter 32, or
    (2) An automobile bus chassis or an automobile bus body.

For this purpose it is immaterial whether the second article is sold or 
otherwise disposed of, or if sold, whether the sale is a taxable sale. 
Any article to which this paragraph (b) applies which would have been 
used in the manufacture or production of a second article, except for 
the fact that it was broken or rendered useless in the process of 
manufacturing or producing the second article, will be considered to 
have been used as a component part of the second article. This paragraph 
(b) does not apply to articles sold and used as provided in any of 
paragraphs (c) through (f) of this section.

[[Page 224]]

    (c) Use of truck, bus, etc., parts or accessories. A payment of tax 
under section 4061 (b) on the sale prior to January 7, 1983, of any 
truck, bus, etc., part or accessory, directly or indirectly, by the 
manufacturer of the article to a subsequent manufacturer will be 
considered to be an overpayment under section 6416(b)(3)(B) if the part 
or accessory is used by the subsequent manufacturer as material in the 
manufacture or production of, or as a component part of, a second 
article manufactured or produced by the subsequent manufacturer. For 
this purpose it is immaterial whether the second article is or is not 
taxable under chapter 32. Any article to which this paragraph (c) 
applies which would have been used in the manufacture or production of a 
second article, except for the fact that it was broken or rendered 
useless in the process of manufacturing or producing the second article, 
will be considered to have been used as a component part of the second 
article.
    (d) Tax-paid tires or inner tubes used in further manufacture. (1) A 
payment of tax under section 4071 on the sale prior to January 1, 1984, 
of a tire or inner tube, directly or indirectly, by the manufacturer of 
the article to a subsequent manufacturer will be considered to be an 
overpayment under section 6416(b)(3)(C) if the subsequent manufacturer 
sells the tire or inner tube on or in connection with, or with the sale 
of, any other article manufactured or produced by the subsequent 
manufacturer and if the other article is--
    (i) An automobile bus chassis or automobile bus body, or
    (ii) By any person (A) exported to a foreign country or to a 
possession of the United States, (B) sold to a State, any political 
subdivision thereof, or the District of Columbia for the exclusive use 
of a State, any political subdivision thereof, or the District of 
Columbia, (C) sold to a nonprofit educational organization for its 
exclusive use, or (D) used or sold for use as supplies to vessels or 
aircraft.
    For tax-paid tires used in further manufacture after December 31, 
1983, see section 6416(b)(3)(A) and the regulations thereunder.
    (2) The overpayment in this paragraph (d) is to be distinguished 
from that overpayment described in section 6416(b)(2)(E) and 
Sec. 48.6416(b)(2)-2(f) in that this overpayment arises from the ``use'' 
described in this paragraph, whereas the overpayment under section 
6416(b)(2)(E) arises from the ``resale'' of tax-paid tires or inner 
tubes by any person to a subsequent manufacturer who disposes of the 
articles on or in connection with, or with the sale of, a second article 
manufactured or produced by the subsequent manufacturer which is 
disposed of on the basis of one of the exemptions set forth in section 
6416(b)(3)(C).
    (3) If the second article is exported or shipped as provided in this 
paragraph (d), it is immaterial whether the subsequent manufacturer sold 
the article with the knowledge that it would be exported or shipped.
    (4) An overpayment arises under paragraph (d)(1) of this section 
only if the tire or inner tube constitutes a part of, or is associated 
with, the second article at the time the second article is exported, 
shipped, sold, used, or sold for use, as prescribed in this paragraph.
    (5) For definition of certain terms used in this paragraph, see 
section 4221 and the regulations thereunder.
    (6) For provisions relating to overpayments arising by reason of 
tires or inner tubes sold tax-paid by the manufacturer of the same, on 
or in connection with, or with the sale of, any article manufactured or 
produced by that manufacturer and exported, sold, or used or sold for 
use, as provided in this paragraph (d), see section 6416(b)(4) and 
Sec. 48.6416(b)(4)-1.
    (7) For provisions relating to credit allowable in respect of tires 
and inner tubes sold on or in connection with, or with the sale of, 
another article taxable under chapter 32, prior to January 1, 1984, see 
section 6416(c) and Sec. 48.6416(c)-1.
    (8) If a second article referred to in paragraph (d)(1) of this 
section is sold for a use described in that paragraph and is not so 
used, this paragraph (d) is in all respects inapplicable.
    (e) Use of bicycle tires or tubes in further manufacture. A payment 
of tax under section 4071 on the sale, prior to January 1, 1984, of a 
bicycle or tricycle

[[Page 225]]

tire or inner tube, directly or indirectly, by the manufacturer of the 
same to a subsequent manufacturer will be considered to be an 
overpayment under section 6416(b)(3)(E) if the tire or tube is used by 
the subsequent manufacturer as material in the manufacture or production 
of, or as a component part of, a bicycle or tricycle manufactured or 
produced by the subsequent manufacturer which is not a rebuilt or 
reconditioned bicycle or tricycle. For definition of the term ``bicycle 
tire'', see section 4221(e)(4)(B) and the regulations thereunder.
    (f) Use of gasoline in further manufacture. A payment of tax under 
section 4081 on the sale of gasoline, directly or indirectly, by the 
manufacturer of the same to a subsequent manufacturer will be considered 
an overpayment under section 6416(b)(3)(B) if the gasoline is used for 
nonfuel purposes by the subsequent manufacturer as a material in the 
manufacture or production of any other article manufactured or produced 
by the subsequent manufacturer. For this purpose it is immaterial 
whether the other article is or is not taxable under chapter 32. For 
provisions relating to the use of gasoline for nonfuel purposes, see 
section 4221 and the regulations thereunder.

[T.D. 8043, 50 FR 32030, Aug. 8, 1985]





Sec. 48.6416(b)(3)-3  Supporting evidence required in case of tax-paid articles used for further manufacture.

    (a) Evidence to be submitted by claimant. No claim for credit or 
refund of an overpayment, within the meaning of section 6416(b)(3) and 
Sec. 48.6416(b)(3)-2 shall be allowed unless the subsequent manufacturer 
submits with the claim the evidence required by Sec. 48.6416(a)-3 and a 
statement, supported by sufficient available evidence--
    (1) Showing the amount claimed in respect of each category of 
exportations, uses, or sales on which the claim is based and which give 
rise to a right of credit or refund under section 6416(b)(3) and 
Sec. 48.6416(b)(3)-1,
    (2) Showing the name and address of the manufacturer, producer, or 
importer of the article in respect of which credit or refund is claimed,
    (3) Identifying the article, both as to nature and quantity, in 
respect of which credit or refund is claimed,
    (4) Showing the amount of tax paid in respect of the article by the 
manufacturer or producer of the article and the date of payment,
    (5) Indicating that the article was used by the claimant as material 
in the manufacture or production of, or as a component part of, a second 
article manufactured or produced by the manufacturer or was sold on or 
in connection with, or with the sale of, a second article manufactured 
or produced by the manufacturer,
    (6) Identitying the second article, both as to nature and quantity, 
and
    (7) In the case of an overpayment determined under section 
6416(b)(3)(C) as it existed prior to January 1, 1984, and paragraph 
(d)(1) of Sec. 48.6416(b)(3)-2 in respect of a tire or inner tube 
taxable under section 4071, indicating that the manufacturer has 
evidence available (as set forth in paragraph (b) of this section) that 
the second article is an automobile bus chassis or automobile bus body, 
or has been exported, used, or sold as provided in section 
6416(b)(3)(C)(ii) and Sec. 48.6416(b)(3)-2(d)(1)(ii).
    (b) Evidence required to be in possession of claimant--(1) In 
general. The evidence required to be retained by the person claiming 
credit or refund, as provided in paragraph (a)(7) of this section, must, 
in the case of an exportation of the second article, consist of proof of 
exportation of the second article in the form prescribed in the 
regulations under section 4221, or must, in other cases (except when the 
second article is an automobile bus chassis or automobile bus body), 
consist of a certificate, executed and signed by the ultimate purchaser 
of the second article, in the form prescribed in paragraph (b)(2) of 
this section. However, if the second article has passed through a chain 
of sales from the manufacturer of the second article to the ultimate 
purchaser of the second article, the evidence may consist of a 
certificate, executed and signed by the ultimate vendor of the second 
article, in the form provided in paragraph (b)(3) of this section, 
rather than the proof of exportation itself of the second article or the

[[Page 226]]

certificate of the ultimate purchaser of the second article.
    (2) Certificate of ultimate purchaser of second article. The 
certificate executed and signed by the ultimate purchaser of the second 
article must contain the same information as that required in paragraph 
(b)(1)(ii) of Sec. 48.6416(b)(2)-3, except that the information must be 
furnished in respect of the second article, rather than the article to 
which the claim relates.
    (3) Certificate of ultimate vendor of second article. Any 
certificate executed and signed by an ultimate vendor as evidence to be 
retained by the person claiming credit or refund must be executed in the 
same form and manner as that provided in paragraph (b)(2)(iii) and 
Sec. 48.6416(b)(2)-3.
    (4) Repayment or consent of ultimate vendor. If the person claiming 
credit or refund of an overpayment to which this section applies has 
repaid, or agreed to repay, the amount of the overpayment to the 
ultimate vendor or if the ultimate vendor consents to the allowance of 
the credit or refund, a statement to that effect, signed by the ultimate 
vendor, must be shown on, or made a part of, the evidence required to be 
retained by the person claiming the credit or refund. In this regard, 
see Sec. 48.6416(a)-3(b)(2).

[T.D. 8043, 50 FR 32032, Aug. 8, 1985]





Sec. 48.6416(b)(4)-1  Tax-paid tires or inner tubes used for further manufacture.

    (a) In general. In the case of any payment of tax under section 4071 
on the sale of tires or prior to January 1, 1984, inner tubes that is 
determined to be an overpayment under section 6416(b)(4) and paragraph 
(b) of this section by reason of any exportation, use, or sale described 
in paragraph (b) of this section, the person who paid the tax may file a 
claim for refund of the overpayment or may claim a credit for the 
overpayment on any return of tax under this subpart subsequently filed. 
No interest shall be paid on any credit or refund allowed under this 
section. For provisions relating to the evidence required in support of 
a claim for credit or refund under this section, see Sec. 301.6402-2 of 
this chapter (Regulations on Procedure and Administrations) and 
paragraph (c) of this section. For provisions authorizing the taking of 
a credit in lieu of filing a claim for refund, see section 6416(d) and 
Sec. 48.6416(f)-1.
    (b) Conditions causing overpayment. (1) The payment of tax under 
section 4071 on the sale of a tire or inner tube by the manufacturer of 
the article will be considered to be an overpayment under section 
6416(b)(4) if the tire or inner tube is sold by that manufacturer on or 
in connection with, or with the sale of, any other article manufactured 
or produced by that manufacturer and such other article--
    (i) Is an automobile bus chassis or an automobile bus body, or
    (ii) Is by any person (A) exported to a foreign country or shipped 
to a possession of the United States, (B) sold to a State, any political 
subdivision thereof, or the District of Columbia for the exclusive use 
of a State, any political subdivision thereof, or the District of 
Columbia, (C) sold to a nonprofit educational organization for its 
exclusive use, or (D) used or sold for use as supplies for vessels or 
aircraft.
    (2) If the second article is exported or shipped as provided in this 
paragraph (b), it is immaterial whether the manufacturer sold the 
article with the knowledge that it would be exported or shipped.
    (3) An overpayment arises under paragraph (b)(1) of this section 
only if the tire or inner tube constitutes a part of, or is associated 
with, the second article at the time the second article is exported, 
shipped, sold, used, or sold for use, as prescribed in this paragraph.
    (4) Paragraph (b)(1) of this section applies only in those cases 
where the exportation, use, or sale (or any combination thereof) occurs 
before any other use.
    (5) For definition of certain terms used in this paragraph (b), see 
section 4221 and the regulations thereunder.
    (6) For provisions relating to overpayments arising by reason of the 
tax-paid sale of tires or inner tubes by the manufacturer of the same 
and their resale by any person to another manufacturer for use as 
provided in this paragraph, see section 6416(b)(2)(E) and 
Sec. 48.6416(b)(2)-2(f).

[[Page 227]]

    (7) For provisions relating to overpayments arising by reason of the 
tax-paid sale of tires or inner tubes, directly or indirectly, by the 
manufacturer of the same, to a subsequent manufacturer who uses them as 
provided in this paragraph (b), see section 6416(b)(3)(C) as it existed 
prior to January 1, 1984, and section 6416 (b)(3) as amended by the 
Highway Revenue Act of 1982 and Sec. 48.6416(b)(3)-2(d).
    (8) For provisions relating to the credit allowable in respect of 
tires or inner tubes sold on or in connection with, or with the sale of, 
another article taxable under chapter 32, see section 6416(c) as it 
existed prior to January 1, 1984, and Sec. 48.6416(c)-1.
    (9) If a second article referred to in paragraph (b)(1)(ii) of this 
section is sold for a use described in that paragraph and is not so 
used, this paragraph (b) is in all respects inapplicable.
    (c) Evidence to be submitted by claimant. (1) No claim for credit or 
refund of an overpayment prior to January 1, 1984, within the meaning of 
section 6416(b)(4) and paragraph (b) of this section, shall be allowed 
unless the person who paid the tax submits with the claim the evidence 
required by Sec. 48.6416(a)-3(b)(2) and a statement, supported by 
sufficient available evidence--
    (i) Showing the amount claimed in respect of each category of 
exportations, uses, or sales on which the claim is based and which give 
rise to a right of credit or refund under section 6416(b)(4) and 
paragraph (a) of this section,
    (ii) Indicating that the person claiming the credit or refund is the 
manufacturer of the articles in respect of which credit or refund is 
claimed.
    (iii) Identifying the article, both as to nature and quantity, in 
respect of which credit or refund is claimed,
    (iv) Showing the amount of tax paid in respect of the article and 
the date of payment of the tax,
    (v) Indicating that the person claiming the credit or refund sold 
the article on or in connection with, or with the sale of, or used the 
article as a component part of, a second article manufactured or 
produced by that person,
    (vi) Identifying the second article, both as to nature and quantity, 
and
    (vii) Indicating that the person claiming the credit or refund has 
evidence available (as set forth in paragraph (b) of this section) that 
the second article is an automobile bus chassis or body, or has been 
exported, used, or sold as provided in section 6416(b)(4)(B)(ii) and 
paragraph (b)(1)(ii) of this section.
    (2) No claim for credit or refund of an overpayment after December 
31, 1983, within the meaning of section 6416 (b)(4) and paragraph (b) of 
this section shall be allowed unless the person who paid the tax submits 
with the claim a statement supported by the evidence listed in paragraph 
(c)(1)(i) through (vii) of this section.
    (d) Evidence required to be in possession of claimant--(1) In 
general. The evidence required to be retained by the person claiming 
credit or refund, as provided in paragraph (c)(1)(vii) of this section, 
must, in the case of an exportation of the second article, consist of 
proof of exportation of the second article in the form prescribed in the 
regulations under section 4221 or must, in other cases (except when the 
second article is an automobile bus chassis or automobile body) consist 
of a certificate, executed and signed by the ultimate purchaser of the 
second article, in the form prescribed in paragraph (d)(2) of this 
section. However, if the second article has passed through a chain of 
sales from the manufacturer of the second article to the ultimate 
purchaser of the second article, the evidence may consist of a 
certificate, executed and signed by the ultimate vendor of the second 
article, in the form prescribed in paragraph (d)(3) of this section, 
rather than the proof of exportation itself of the second article or the 
certificate of the ultimate purchaser of the second article.
    (2) Certificate of ultimate purchaser of second article. The 
certificate executed and signed by the ultimate purchaser of the second 
article must contain the same information as that required in paragraph 
(b)(1)(ii) of Sec. 48.6416(b)(2)-3, except that the information shall be 
furnished in respect of the second article, rather than the article to 
which the claim relates.
    (3) Certificate of ultimate vendor of second article. Any 
certificate executed

[[Page 228]]

and signed by an ultimate vendor as evidence to be retained by the 
person claiming credit or refund must be executed in the same form and 
manner as that provided in paragraph (b)(2)(iii) of Sec. 48.6416(b)(2)-
3.
    (4) Repayment or consent of ultimate vendor. If the person claiming 
credit or refund of an overpayment to which this section applies, has 
repaid, or agreed to repay, the amount of the overpayment to the 
ultimate vendor or if the ultimate vendor consents to the allowance of 
the refund or credit, a statement to the effect, signed by the ultimate 
vendor, must be shown on, or made a part of, the evidence required to be 
retained by the person claiming refund or credit. In this regard, see 
Sec. 48.6416(a)-3(b)(2).

[T.D. 8043, 50 FR 32032, Aug. 8, 1985]





Sec. 48.6416(b)(5)-1   Return of installment accounts causing overpayments of tax.

    (a) In general. In the case of any payment of tax under section 
4216(d)(1) in respect of the sale of any installment account that is 
determined to be an overpayment under section 6416(b)(5) and paragraph 
(b) of this section upon return of the installment account, the person 
who paid the tax may file a claim for refund of the overpayment or may 
claim credit for the overpayment on any return of tax under this subpart 
which that person subsequently files. No interest shall be paid on any 
credit or refund allowed under this section. For provisions relating to 
the evidence required in support of a claim for credit or refund under 
this section, see Sec. 301.6402-2 of this chapter (Regulations on 
Procedure and Administration) and paragraph (c) of this section. For 
provisions authorizing the taking of a credit in lieu of filing a claim 
for refund, see section 6416(d) and Sec. 48.6416(f)-1.
    (b) Overpayment of tax allocable to repaid consideration. The 
payment of tax imposed by section 4216(d)(1) on the sale of an 
installment account by the manufacturer will be considered to be an 
overpayment under section 6416(b)(5) to the extent of the tax allocable 
to any consideration repaid or credited to the purchaser of the 
installment account upon the return of the account to the manufacturer 
pursuant to the agreement under which the account originally was sold, 
if the readjustment of the consideration occurs pursuant to the 
provisions of the agreement. The tax allocable to the repaid or credited 
consideration is the amount which bears the same ratio to the total tax 
paid under section 4216(d)(1) with respect to the installment account as 
the amount of consideration repaid or credited to the purchaser bears to 
the total consideration for which the account was sold. This paragraph 
(b) does not apply where an installment account is originally sold 
pursuant to the order of, or subject to the approval of, a court of 
competent jurisdiction in a bankruptcy or insolvency proceeding.
    (c) Evidence to be submitted by claimant. No claim for credit of 
refund of an overpayment, within the meaning of section 6416(b)(5) and 
paragraph (b) of this section, of tax under section 4216(d)(1) shall be 
allowed unless the person who paid the tax submits with the claim a 
statement supported by sufficient available evidence, indicating--
    (1) The name and address of the person to whom the installment 
account was sold,
    (2) The amount of tax due under section 4216(d)(1) by reason of the 
sale of the installment account, the amount of the tax paid under 
section 4216(d)(1) with respect to the sale, and the date of payment,
    (3) The amount for which the installment account was sold,
    (4) The amount which was repaid or credited to the purchaser of the 
account by reason of the return of the account to the person claiming 
the credit or refund, and
    (5)(i) The fact that the amount repaid or credited to the purchaser 
of the account was so repaid or credited pursuant to the agreement under 
which the account was sold, and
    (ii) The fact that the account was returned to the manufacturer 
pursuant to that agreement.

[T.D. 8043, 50 FR 32033, Aug. 8, 1985]





Sec. 48.6416(c)-1  Credit for tax paid on tires or, prior to January 1, 1984, inner tubes.

    (a) Allowance of credit against tax on sale of taxable article. If 
tax has been paid under section 4071 on the sale, or

[[Page 229]]

under section 4218 on the use, of a tire or inner tube, and the 
manufacturer of a another article taxable under chapter 32 sells the 
tire or inner tube on or in connection with the sale of that other 
article, a credit in respect of the tire or inner tube is allowable 
under section 6416(c) against the tax imposed on the sale of that other 
article. The amount of the credit is to be determined as provided in 
paragraph (b) or (c) of this section.
     (b) Tires or tubes purchased by manufacturer of the other article. 
If the manufacturer of the other article purchased the tire or inner 
tube tax-paid, the amount of the credit shall be determined by applying 
to the purchase price of the tire or inner tube the percentage rate of 
tax applicable to the sale of the other article. For this purpose, the 
purchase price shall be determined by including any tax passed on to the 
manufacturer and, in the case of a tire, by excluding any part of the 
price attributable to the metal rim or rim base. For example, if the 
selling price of an automobile truck is $24,000, tax equivalent to 10 
percent of the price (i.e., $2,400) is imposed under section 4601(a) on 
the sale (before April 1, 1983) of the automobile truck. If the tires or 
inner tubes sold on or in connection with the automobile truck are 
purchased by the manufacturer of the automobile truck for $1,500 
(computed as provided in this paragraph) a credit of $150 (10 percent of 
$1,500) is allowable against the tax imposed on the sale of the 
automobile truck.
    (c) Tires or tubes manufactured by manufacturer or other articles. 
If the manufacturer of the other article is also the manufacturer of the 
tire or inner tube and incurs tax liability under section 4218 on the 
use by that manufacturer of the tire or inner tube, the amount of the 
credit shall be determined by applying to the fair market price of the 
tire or inner tube, the percentage rate of tax applicable to the sale of 
the other article. For this purpose, the fair market price of the tire 
or inner tube shall be the price at which the same or similar tires or 
inner tubes are sold by manufacturers of tires or inner tubes in the 
ordinary course of trade, as determined by the Commissioner, and by 
excluding, in the case of a tire, any part of the price attributable to 
the metal rim or rim base. The determination of the Commissioner shall 
be made in the same manner as determinations made under section 4218.
    (d) Other applicable rules. (1) For purposes of this section, the 
term ``manufacturer'' includes the original manufacturer of the other 
article and any succeeding purchaser of the article who further 
manufactures the article so as to become liable as a manufacturer of an 
article taxable under chapter 32. Therefore, the credit provided by 
section 6416(c) and this section is available both to the original 
manufacturer of the other article and also to every succeeding purchaser 
of that article who sells that article on or in connection with, or with 
the sale of, another article taxable under chapter 32.
    (2) No interest shall be paid on any credit allowed under this 
section.
    (3) If credit is not claimed under this section against the tax 
applicable to the sale of the other article, the manufacturer of the 
other article may claim refund of an amount equivalent to the credit or 
may claim credit on any return of tax under this subpart subsequently 
filed.

[T.D. 8043, 50 FR 32034, Aug. 8, 1985]





Sec. 48.6416(e)-1  Refund to exporter or shipper.

    (a) In general. Any payment of tax imposed by sections 4041, 4051 or 
chapter 32 that is determined to be an overpayment within the meaning of 
section 6416(b)(2) (A) or (E), section 6416(b)(3)(C) (prior to January 
7, 1983), or section 6416(b)(4), and the regulations thereunder, by 
reason of the exportation of any article may be refunded to the exporter 
or shipper of the article pursuant to section 6416(c) of this section, 
if--
    (1) The exporter or shipper files a claim for refund of the 
overpayment, and
    (2) The person who paid the tax waives the right to claim credit or 
refund of the tax.

No interest shall be paid on any refund allowed under this section. For 
provisions relating to the evidence required in support of a claim under 
this paragraph (a), see Sec. 301.6402 of this chapter

[[Page 230]]

(Regulations on Procedure and Administration) and paragraph (b) of this 
section.
    (b) Supporting evidence required. No claim for refund of any 
overpayment of tax to which this section applies shall be allowed unless 
the exporter or shipper submits with that claim proof of exportation in 
the form prescribed by the regulations under section 4221, and a 
statement, signed by the person who paid the tax, showing--
    (1) That the person who paid the tax waives the right to claim 
credit or refund of the tax,
    (2) In the case of an overpayment determined under section 
6416(b)(2)(A) and paragraph (b) of Sec. 48.6416(b)(2)-2 in respect of a 
truck, bus, tractor, etc., taxable under section 4061(a), that, pursuant 
to section 6416(g), the person who paid the tax possessed at the time 
that person shipped the article or at the time title to the article 
passed to that perons's vendee, whichever is earlier, evidence that the 
article was to be exported to a foreign country or shipped to a 
possession of the United States.
    (3) The amount of tax paid on the sale of the article and the date 
of payment, and
    (4) The internal revenue service office to which the tax was paid.

[T.D. 8043, 50 FR 32034, Aug. 8, 1985]





Sec. 48.6416(f)-1  Credit on returns.

    Any person entitled to claim refund of any overpayment of tax 
imposed by section 4041, 4042, 4051 or chapter 32 may, in lieu of 
claiming refund of the overpayment, claim credit for the overpayment on 
any return of tax under this subpart subsequently filed. Any such credit 
claimed on a return must be supported by the evidence prescribed in the 
applicable regulations in this subpart and Sec. 301.6402 of this chapter 
(Regulations on Procedure and Administration).

[T.D. 8043, 50 FR 32034, Aug. 8, 1985]





Sec. 48.6416(h)-1  Accounting procedures for like articles.

    (a) Identification of manufacturer. In applying section 6416 and the 
regulations thereunder, a person who has purchased like articles from 
various manufacturers may determine the particular manufacturer from 
whom that person purchased any one of those articles by a first-in-
first-out (FIFO) method, by a last-in-first-out (LIFO) method, or by any 
other consistent method approved by the district director. For the first 
year for which a person makes a determination under this section, the 
person may adopt any one of the following methods without securing prior 
approval by the district director.
    (1) FIFO method.
    (2) LIFO method.
    (3) Any method by which the actual manufacturer of the article is in 
fact identified.

Any other method of determining the manufacturer of a particular article 
must be approved by the district director before its adoption. After any 
method for identifying the manufacturer has been properly adopted, it 
may not be changed without first securing the consent of the district 
director.
    (b) Determining amount of tax paid. In applying section 6416 and the 
regulations thereunder, if the identity of the manufacturer of any 
article has been determined by a person pursuant to a method prescribed 
in paragraph (a) of this section, that manufacturer of the article must 
determine the tax paid under chapter 32 with respect to that article 
consistently with the method used in identifying the manufacturer.

[T.D. 8043, 50 FR 32035, Aug. 8, 1985]





Sec. 48.6420-1  Credits or payments to ultimate purchaser of gasoline used on a farm.

    (a) In general. If gasoline is used on a farm for farming purposes 
after June 30, 1965, a credit (under the circumstances described in 
paragraph (b) of this section) or a payment (under the circumstances 
described in paragraph (c) of this section) in respect of the gasoline 
shall be allowed or made to the ultimate purchaser of the gasoline in an 
amount determined by multiplying (1) the number of gallons of gasoline 
so used by (2) the rate of tax on gasoline under section 4081 that 
applied on the date the gasoline was purchased by the ultimate 
purchaser. No interest shall be paid on any payment, allowed under 
paragraph (c) of this section. However, interest may be paid on

[[Page 231]]

any overpayment (as defined by section 6401) arising from a credit 
allowed under paragraph (b) of this section. See section 34(a), relating 
to credit for certain uses of gasoline and special fuels, and 
lubricating oil used prior to January 7, 1983). See Sec. 48.6420-2 for 
the time within which a claim for credit or payment must be made. See 
section 4081 and the regulations thereunder for the rates of tax on 
gasoline. See Sec. 48.6420-2 for meaning of the terms ``Used on a farm 
for farming purposes,'' ``farm,'' ``gasoline,'' ``ultimate purchaser,'' 
and ``taxable year.''
    (b) Allowance of income tax credit in lieu of payment. With respect 
to persons subject to income tax, repayment of the tax paid under 
section 4081 on gasoline used on a farm for farming purposes may be 
obtained only by claiming a credit for the amount of this tax against 
the income tax imposed by subtitle A of the Code. The amount of the 
credit shall be an amount equal to the payment which would be made under 
section 6420 with respect to gasoline used during the taxable year on a 
farm for farming purposes if section 6420(g)(1) and paragraph (c) of 
this section did not apply. See section 34(a)(1).
    (c) Allowance of payment. Payments in respect of gasoline upon which 
tax was paid under section 4081 that is used on a farm for farming 
purposes shall be made only to--
    (1) The United States or agency or instrumentality thereof, a State, 
a political subdivision of a State, or an agency or instrumentality of 
one or more States or political subdivisions of a State, or the District 
of Columbia, or
    (2) An organization which is exempt from tax under section 501(a) 
and is not required to made a return of the income tax imposed under 
subtitle A for its taxable year.
    (d) Use of gasoline. (1) The credit or payment described in 
paragraph (a) of this section is allowable only in respect of gasoline 
used on a farm in the United States for farming purposes. The credit or 
payment is not allowable with respect to gasoline used for nonfarming 
purposes, or gasoline used off a farm, regardless of the nature of the 
use. If a vehicle or other equipment is used both on a farm and off the 
farm, or if it is used on a farm both for farming and nonfarming 
purposes, the credit or payment is allowable only with respect to that 
portion of the gasoline which was ``used on a farm for farming 
purposes'' as defined in paragraph (a) of Sec. 48.6420-4. In determining 
if this requirement is met, neither the type of equipment or vehicle 
used nor its registration for highway use is material. However, the 
actual use of the equipment or vehicle and the place where it is used 
are material. For example, if a truck used on a farm for farming 
purposes is also used on the highways, gasoline used in connection with 
operating the truck on the highways is not taken into account in 
computing the credit or payment.
    (2) For purposes of determining the allowable credit or payment in 
respect of gasoline used on a farm for farming purposes, gasoline on 
hand shall be considered used in the order in which it was purchased. 
Thus, if the owner, tenant, or operator of a farm has on hand gasoline 
acquired in two purchases made at different times and subject to 
different rates of tax, in determining credit or payment for gasoline 
used on a farm for farming purposes, it will be assumed that the 
gasoline purchased first was the first gasoline used, and the rate 
applicable to that purchase will apply in determining the credit or 
payment, until all that gasoline is accounted for.

[T.D. 8043, 50 FR 32035, Aug. 8, 1985]





Sec. 48.6420-2  Time for filing claim for credit or payment.

    (a) In general. A claim for credit or payment described in 
Sec. 48.6420-1 with respect to gasoline used after June 30, 1965, on a 
farm for farming purposes, shall cover only gasoline used during the 
taxable year on a farm for farming purposes. Therefore, gasoline on hand 
at the end of a taxable year as, for example, in fuel supply tanks of 
farm machinery or in storage tanks or drums, must be excluded from a 
claim filed for that taxable year (but may be included in a claim filed 
for a later taxable year if used during that later year on a farm for 
farming purposes). Gasoline used during a taxable year may be covered by 
a claim filed for that taxable year although the gasoline was not paid 
for

[[Page 232]]

at the time the claim is filed. For purposes of applying this section, a 
governmental unit or exempt organization described in Sec. 48.6420-1 (c) 
is considered to have as its taxable year, the calendar year or fiscal 
year on the basis of which it regularly keeps its books; see paragraph 
(h) of this section.
    (b) Time for filing. (1) A claim for credit with respect to gasoline 
used on a farm for farming purposes shall not be allowed unless it is 
filed no later than the time prescribed by section 6511 and the 
regulations thereunder for filing a claim for credit or refund of income 
tax for the particular taxable year.
    (2) A claim for payment of a governmental unit or exempt 
organization described in Sec. 48.6420-1(c) must be filed no later than 
3 years following the close of its taxable year. (See paragraph (h) of 
this section.)
    (3) See Sec. 301.7502-1 of this chapter (Regulations on Procedure 
and Administration) for provisions treating timely mailing as timely 
filing and Sec. 301.7502-1 of this chapter for time for performance of 
an act where the last day falls on Saturday, Sunday, or a legal holiday.
    (c) Limit of one claim per taxable year. Not more than one claim may 
be filed under section 6420 by any person with respect to gasoline used 
during the same taxable year.
    (d) Form and content of claim--(1) Claim for credit. (i) The claim 
for credit with respect to gasoline used on a farm for farming purposes 
must be made by attaching a Form 4136 to the income tax return of an 
individual or a corporation. Form 4136 must be executed in accordance 
with the instructions prescribed for the preparation of the form. A 
partnership may not file Form 4136. When a partnership files Form 1065, 
U.S. Partnership Return of Income, it must include a statement showing 
how many gallons of gasoline are allocated to each partner and the use 
made of the gasoline.
    (ii) If an individual dies during the taxable year, the claim for 
credit may be made only for that portion of the individual's taxable 
year ending with the date of death. If a sole proprietorship, a 
partnership or corporation is terminated or liquidated during the 
taxable year, the claim for credit may be made only for the portion of 
its year ending with the date of the termination or liquidation.
    (2) Claim for payment. The claim for payment with respect to 
gasoline used on a farm for farming purposes by a governmental unit or 
exempt organization described in Sec. 48.6420-1(c) must be made on Form 
843 in accordance with the instructions prescribed for the preparation 
of the form. The claim by such a unit or organization must be filed with 
the service center for the internal revenue region in which the 
principal place of business or principal office of the claimant is 
located.

[T.D. 8043, 50 FR 32035, Aug. 8, 1985]





Sec. 48.6420-3  Exempt sales; other payments or refunds available.

    (a) Exempt sales. Credits or payments are allowable only for 
gasoline that was sold by the producer or importer in a transaction that 
was subject to tax under section 4081. No credit or payment shall be 
allowed or made under Sec. 48.6420-1 with respect to gasoline which was 
exempt from the tax imposed by section 4081. For example, a State or 
local government may not file a claim with respect to any gasoline which 
it purchased tax free from the producer, even though the State or local 
government used the gasoline on a farm for farming purposes. Similarly, 
payment may not be made with respect to gasoline purchased by a State 
tax free for its exclusive use, as provided in section 4221, which is 
used on a State prison farm for farming purposes.
    (b) Other payments or refunds available. Any amount which, without 
regard to the second sentence of section 6420(d) and this paragraph (b), 
would be allowable as a credit or payable to any person under 
Sec. 48.6420-1 with respect to any gasoline is reduced by any other 
amount which is allowable as a credit or payable under section 6420, or 
is refundable under any other provision of the Code, to any person with 
respect to the same gasoline. Thus, a person who is the ultimate 
purchaser of gasoline may not file a claim for credit or payment with 
respect to that gasoline if another person is entitled to claim a 
payment, credit, or refund with respect to the same gasoline. For 
example, a

[[Page 233]]

State or local government may not file a claim for payment if it has 
executed, or intends to execute, a written consent to enable the 
producer to claim a credit or refund for the tax that was paid. See, for 
example, Secs. 48.6416(a)-3(b)(2), 48.6416(b)(2)-2(d), and 
48.6416(b)(2)-3(b)(1).

[T.D. 8043, 50 FR 32036, Aug. 8, 1985]





Sec. 48.6420-4  Meaning of terms.

    For purposes of the regulations under section 6420, unless otherwise 
expressly indicated--
    (a) Used on a farm for farming purposes. The term ``used on a farm 
for farming purposes'' applies only to gasoline which is used (1) in 
carrying on a trade or business of farming, (2) on a farm in the United 
States, and (3) for farming purposes. Gasoline used in an aircraft will 
qualify if its use otherwise satisfies these requirements. For the 
meaning of the term ``trade or business of farming,'' see paragraph (b) 
of this section. For the definition of the term ``farm,'' see paragraph 
(c) of this section. For the definition of the term ``farming 
purposes,'' see paragraphs (d) through (g) of this section. The term 
``United States'' has the meaning assigned to it by section 7701(a)(9).
    (b) Trade or business of farming. A person will be considered to be 
engaged in the trade or business of farming if the person cultivates, 
operates, or manages a farm for gain or profit, either as an owner or a 
tenant. A person engaged in forestry or the growing of timber is not 
thereby engaged in the trade or business of farming. A person who 
operates a garden plot, orchard, or farm for the primary purpose of 
growing produce for the person's own use is not considered to be engaged 
in the trade or business of farming. Generally, the operation of a farm 
does not constitute the carrying on of a trade or business if the farm 
is occupied by a person primarily for residential purposes or is used 
primarily for pleasure, such as for the entertainment of guests or as a 
hobby.
    (c) Farm. The term ``farm'' is used in its ordinary and accepted 
sense, and generally means land used for the production of crops, 
fruits, or other agricultural products or for the sustenance of 
livestock or poultry. The term ``livestock'' includes cattle, hogs, 
horses, mules, donkeys, sheep, goats, and captive fur-bearing animals. 
The term ``poultry'' includes chickens, turkeys, geese, ducks, and 
pigeons. Thus, a farm includes livestock, dairy, poultry, fish, fruit, 
fur-bearing animals, and truck farms, plantations, ranches, nurseries, 
ranges, orchards, feed yards for fattening cattle, and greenhouses and 
other similar structures used primarily for the raising of agricultural 
or horticultural commodities. Greenhouses and other similar structures 
that are used primarily for purposes other than the raising of 
agricultural or horticultural commodities do not constitute farms, as, 
for example, structures that are used primarily for the display, 
storage, fabrication, or sale of wreaths, corsages, and bouquets. A fish 
farm is an area where fish are grown or raised, as opposed to merely 
caught or harvested.
    (d) Gasoline used in cultivating, raising, or harvesting. Gasoline 
is used for ``farming purposes'' when it is used on a farm by the owner, 
tenant, or operator of the farm in connection with cultivating the soil, 
raising or harvesting any agricultural or horticultural commodity, or 
raising, shearing, feeding, caring for, training, or managing livestock, 
poultry, bees, or wildlife. Examples of operations which are considered 
to be operations for ``farming purposes'' within the meaning of this 
paragraph include plowing, seeding, fertilizing, weed killing, corn or 
cotton picking, threshing, combining, baling, silo filling, and chopping 
silage.
    (e) Gasoline used in handling, packing, or storing. (1) Gasoline is 
used for ``farming purposes'' when it is used by the owner, tenant, or 
operator of the farm in handling, drying, packing, grading, or storing 
any agricultural or horticultural commodity in its unmanufactured state, 
but only if the owner, tenant, or operator produced more than one-half 
of the commodity which was so treated during the taxable year for which 
claim for credit or payment is filed.
    (2) Gasoline used in connection with canning, freezing, packaging, 
or processing operations will not be considered to be used for farming 
purposes, even though these operations are performed on a farm. Thus, 
for example, although gasoline used on a farm in

[[Page 234]]

connection with the production or harvesting of maple sap or oleoresin 
from a living tree is considered to be used for farming purposes under 
paragraph (d) of this section, gasoline used in the processing of maple 
sap into maple syrup or maple sugar or used in the processing of 
oleoresin into gum spirits of turpentine or gum resin is not used for 
farming purposes, even though these processing operations are conducted 
on a farm.
    (3) Gasoline used in connection with processing operations which 
change a commodity from its raw or natural state, or operations 
performed with respect to a commodity after its character has been 
changed from its raw or natural state by a processing operation, will 
not be considered to be used for farming purposes. For example, gasoline 
used for the extraction of juices from fruits or vegetables is used in a 
processing operation which changes the character of the fruits or 
vegetables from their raw or natural state and will not be considered to 
be used for ``farming purposes.''
    (4) The term ``commodity,'' as used in this paragraph (e), refers to 
a single agricultural or horticultural product. For example, all apples 
are treated as a single commodity while apples and peaches are treated 
as two separate commodities. Operations with respect to each commodity 
are to be considered separately in applying the ``one-half'' production 
test described in paragraph (e)(1) of this section.
    (f) Gasoline used in planting, cultivating, or caring for trees. 
Gasoline is used ``for farming purposes'' when it is used by the owner, 
tenant, or operator of the farm in connection with the planting, 
cultivating, caring for, or cutting of trees that is incidental to the 
farming operations of the farm on which it is performed or incidental to 
the farming operations of the owner, tenant, or operator of the farm, or 
in connection with the preparation (other than milling) of trees for 
market that is incidental to these farming operations. These operations 
include the felling of trees and cutting them into logs or firewood but 
do not include sawing logs into lumber, chipping, or other milling 
operations. Operations of the prescribed character will be considered 
incidental to farming operations only if they are of a minor nature in 
comparison with the total farming operations involved. Therefore, a tree 
farmer or timber grower may not claim credit or payment under 
Sec. 48.6420-1 with respect to gasoline used in connection with the 
trade or business of tree farming or timber growing.
    (g) Gasoline used in the maintenance of a farm or farm equipment. 
Gasoline is used ``for farming purposes'' when it is used by the owner, 
tenant, or operator of a farm in connection with the operation, 
management, conservation, improvement, or maintenance of the farm and 
its tools and equipment. The activities included are those which 
contribute in any way to the conduct of the farm as such, as 
distinguished from any other enterprise in which the owner, tenant, or 
operator may be engaged. Examples of included operations are clearing 
land, repairing fences and farm buildings, building terraces or 
irrigation ditches, cleaning tools or farm machinery, and painting farm 
buildings. Since the gasoline must be used by the owner, tenant, or 
operator of the farm to which the operations relate, gasoline used by an 
organization which contracts with a farmer to renovate his farm 
properties is not used for farming purposes. Gasoline used in a 
gasoline-powered lawn mower for maintaining a lawn is not used for 
farming purposes.
    (h) Taxable year. The ``taxable year'' of a governmental unit or 
tax-exempt organization described in Sec. 48.6420-1(c) is the calendar 
or fiscal year on the basis of which it regularly keeps its books. The 
``taxable year'' of persons subject to income tax shall have the meaning 
as it has under section 7701(a)(23).
    (i) Gasoline. The term ``gasoline'' has the same meaning given to 
this term by section 4082(b) and the regulations thereunder.
    (j) Ultimate purchaser. The term ``ultimate purchaser'' includes 
only a person who is an owner, tenant, or operator of a farm. A person 
who is an owner, tenant, or operator of a farm is an ultimate purchaser 
of gasoline only with respect to such gasoline as is purchased by the 
person and used for farming purposes on a farm of which the person is

[[Page 235]]

the owner, tenant, or operator. Thus the owner of a farm who purchases 
gasoline which is used on the farm by its owner, tenant, or operator for 
farming purposes is generally the ultimate purchaser of the gasoline. 
If, however, the cost of gasoline supplied by an owner, tenant, or 
operator of a farm, is by agreement or other arrangement borne by a 
second person who is an owner, or operator of the farm, the second 
person who bore the cost of the gasoline is considered to be the 
ultimate purchaser of the gasoline.
    (k) Certain farming use by persons other than the owner, tenant or 
operator--(1) In general. Except as provided in paragraph (l) of this 
section, the owner, tenant, or operator of a farm on which gasoline is 
used by any other person for the purposes described in section 
6420(c)(3)(A) and paragraph (d) of this section (relating to gasoline 
used in cultivating, raising, or harvesting) will be treated, for the 
purposes of Sec. 48.6420-1 (a), as the ultimate purchaser who used the 
gasoline on the farm for farming purposes.
    (2) Example. The rule of paragraph (k)(1) of this section may be 
illustrated by the following example.

    Example. Farmer A hired custom operator B to cultivate the soil on 
A's farm. B used 200 gallons of gasoline which B had purchased in 
performing the work on A's farm. In addition, A hired Farmer C to do 
some plowing on A's farm, using C's own tractor and 50 gallons of 
gasoline which C had purchased. A is deemed to be the ultimate purchaser 
and user of the gasoline used on A's farm by B and C, and A is entitled 
to take a credit in respect of the gasoline. Accordingly, no credit in 
respect to the gasoline may be taken by either B or C.

    (l) Aerial applicators treated as ultimate purchasers--(1) General 
rule. Section 6420(c)(3)(A) provides that only the owner, tenant, or 
operator of a farm is entitled to be treated as a user and ultimate 
purchaser. Section 6420(c)(4) provides that, under section 
6420(c)(3)(A), an aerial applicator or other applicator is entitled to 
be treated as the user and ultimate purchaser of gasoline used by it on 
a farm for the purposes described in section 6420(c)(3)(A), but only if 
the owner, tenant, or operator who is otherwise entitled to treatment as 
the user and ultimate purchaser waives the right to credit or payment. 
See paragraph (l)(2) of this section.
    (2) Form and manner of waiver. To waive the right to be treated as 
user and ultimate purchaser of gasoline which is used on a farm by an 
aerial applicator or other applicator, the owner, tenant, or operator of 
a farm who is otherwise entitled to treatment as user and ultimate 
purchaser must execute an irrevocable written agreement (as here 
described) no later than the date on which the aerial applicator or 
other applicator claiming the credit or payment files its return for the 
taxable year in which the gasoline is used. The agreement must identify 
the period for which the owner, tenant, or operator waives the right to 
credit or payment. The effective period of the waiver cannot extend 
beyond the last day of the taxable year of the owner, tenant, or 
operator of the farm on which the gasoline was used. If the owner, 
tenant, or operator's taxable year extends beyond the taxable year of 
the applicator, the applicator can only claim a credit or payment for 
periods included in the applicator's taxable year. Periods after the 
last day of the applicator's taxable year which are included under the 
agreement must be claimed on the applicator's return for the next 
succeeding taxable year. The waiver may be in the form shown under 
paragraph (l)(6) of this section or in any other form that meets the 
requirements of this paragraph and clearly states that the owner, 
tenant, or operator of the farm knowingly waives the right to receive 
the credit or payment.
    (3) Agreement included on aerial applicator's invoice. The agreement 
waiving a right to receive a credit or payment under section 6420 may be 
a separate document or may appear on the invoice for aerial application 
services or other unrelated document from the aerial applicator or other 
applicator to the owner, tenant, or operator of the farm. If the waiver 
agreement appears on an invoice or other unrelated document, however, it 
must be printed in a section of the invoice or other document clearly 
set off from all other material contained in the invoice or other 
document, and it must be printed in type sufficiently large to put the 
owner,

[[Page 236]]

tenant, or operator of the farm on notice that the person has waived the 
right to receive a credit or payment under section 6420. Additionally, 
if the waiver agreement appears as part of any invoice or other 
unrelated document, it must be executed separately from any other item 
included in the invoice or other document which requires the owner, 
tenant, or operator's signature.
    (4) Copies of agreement waiving right to credit or payment. No 
copies of any agreement waiving a right to credits or payments under 
section 6420 are to be submitted to the Internal Revenue Service unless 
a request is made by the Service to the taxpayer for the waivers. Aerial 
applicators must, however, retain copies of all waivers, and a copy of 
each waiver must be supplied by the aerial applicator to the owner, 
tenant, or operator of the farm who waives the right to receive a credit 
or payment. See regulations Sec. 48.6420-6 for general requirements for 
records to be kept.
    (5) Waiver on behalf of owner, tenant, or operator of farm. An agent 
of the owner, tenant, or operator of a farm who is expressly authorized 
to act on behalf of and to bind the owner, tenant, or operator may waive 
that person's rights to a credit or payment under section 6420 by 
signing the waiver on the person's behalf.
    (6) Sample form of agreement. While no specific form is required for 
an effective waiver, an acceptable form waiving the right to receive a 
credit or payment under section 6420 follows:

    I hereby waive my right as owner/tenant/operator of a farm located 
at        (ad- dress)        to receive credit or payment from the 
United States for gasoline used by       (aerial applicator)        on 
the farm in connection with cultivating the soil, or the raising or 
harvesting of any agricultural or horticultural commodity. This waiver 
applies to gasoline used during the period       , both dates inclusive. 
I understand that by signing this waiver, I give up my right to claim 
any credit or payment for gasoline used by the aerial applicator during 
the period indicated, and I acknowledge that I have not previously 
claimed any credit for that gasoline.

_______________________________________________________________________
(Signature of Owner/Tenant/Operator)

[T.D. 8043, 50 FR 32036, Aug. 8, 1985, as amended by T.D. 8152, 52 FR 
31621, Aug. 21, 1987]





Sec. 48.6420-5  Applicable laws.

    (a) Penalties, excessive claims, etc. All provisions of law, 
including penalties, applicable in respect of the tax imposed by section 
4081 shall, to the extent applicable and consistent with section 6420, 
apply in respect of the payments provided for in section 6420 to the 
same extent as if these payments were refunds of overpayments of the tax 
imposed on the sale of gasoline under section 4081. For special rules 
applicable to the assessment and collection of amounts constituting 
excessive payments under section 6420, see section 6206 and the 
regulations thereunder. For the civil penalty assessable in the case of 
excessive claims under section 6420, see section 6675 and the 
regulations thereunder. For the treatment as an overpayment of an amount 
allowable as an excessive credit under section 39 with respect to 
amounts payable under section 6420, see section 6401(b).
    (b) Examination of books and witnesses. For the purpose of 
ascertaining (1) the correctness of any claim made under section 6420 or 
(2) the correctness of any credit or payment made in respect of the 
claim, the Commissioner shall have the same authority granted by 
paragraphs (1), (2), and (3) of section 7602, relating to examination of 
books and witnesses, as if the person claiming credit or payment under 
section 6420 were the person liable for tax.
    (c) Fractional part of a dollar. Section 6420(e)(3) provides that 
section 7504, relating to fractional parts of a dollar, shall not apply 
with respect to the allowance of any amount as a credit or payment under 
section 6420. Accordingly, credits or payments authorized by section 
6420 shall be made in the exact amount to which the claimant is entitled 
and shall not be rounded to the nearest whole dollar amount.

[T.D. 8043, 50 FR 32038, Aug. 8, 1985]





Sec. 48.6420-6  Records to be kept in substantiation of credits or payments.

    (a) In general. Every person making a claim for credit or payment 
under section 6420 must keep records sufficient to enable the district 
director to determine whether the person is entitled to credit or 
payment under section 6420

[[Page 237]]

and, if so, the amount of the credit or payment. No particular form is 
prescribed for keeping the records, but the records must include a copy 
of the income tax return or claim and a copy of any statement or 
document submitted with the return or claim. The records must also show 
with respect to the taxable year covered by the claim--
    (1) The number of gallons of gasoline purchased and the dates of 
purchase,
    (2) The name and address of each vendor from whom gasoline was 
purchased and the total number of gallons purchased from each,
    (3) The number of gallons of gasoline purchased by the claimant and 
used during the taxable year for farming purposes on a farm of which the 
claimant is the owner, tenant, or operator,
    (4) The number of gallons of gasoline used during the taxable year 
for the purposes described in section 6420(c)(3)(A) and Sec. 48.6420-
4(d) (relating to cultivating, raising, or harvesting) by a person other 
than the owner, tenant, or operator on a farm of which the claimant is 
the owner, tenant, or operator, and
    (5) Other information as necessary to establish the correctness of 
the claim.
    (b) Acceptable records. (1) Evidence of purchases of gasoline, and 
the purposes for which it was used, to substantiate claims may include 
paid duplicate sales invoices or tickets from the gasoline dealer or 
other vendor, and detailed records of all fuel used which show the 
amount consumed on a farm for farming purposes and the amount used for 
other purposes.
    (2) Records maintained for Federal or State income tax purposes, or 
to support claims for refund of a State tax on gasoline, may be used to 
the extent that they contain the information necessary to substantiate 
the accuracy of the claim for credit under section 6420. However, the 
records must show separately the number of gallons of gasoline used on a 
farm for farming purposes.
    (3) If trucks or other vehicles are used both on and off the farm, 
an allocation of gasoline used in the vehicle will be required to show 
separately the number of gallons of gasoline used on a farm for farming 
purposes in respect of which the claim is made.
    (4) If the owner, tenant, or operator is entitled under section 
6420(c)(4)(A) to claim credit or payment in respect of gasoline used on 
the person's farm by another person other than an owner, tenant, or 
operator of the farm for a purpose described in section 6420(c)(3)(A) 
and Sec. 48.6420-4(d), the claimant must have records showing (i) the 
name and address of the person who performed the farming operation, (ii) 
a description of the type of work (such as plowing, threshing, 
combining, etc.) and the type of equipment used, (iii) the date or dates 
on which the work was done, and (iv) the number of gallons of gasoline 
so used on the claimant's farm.
    (c) Place and period for keeping records. (1) All records required 
by this section must be kept by the claimant at a convenient and safe 
location within the United States which is accessible to internal 
revenue officers and shall during normal business hours be available for 
inspection by internal revenue officers. If the claimant has a principal 
place of business in the United States, the records must be kept at that 
place of business.
    (2) Records required to substantiate a claim under section 6420 must 
be maintained for a period of at least 3 years from the last date 
prescribed for the filing of the claim for credit or payment.

[T.D. 8043, 50 FR 32038, Aug. 8, 1985]





Sec. 48.6420-7  Cross references.

    (a) Gasoline used by local transit systems or for certain nonhighway 
purposes other than farming. For provisions with respect to payments to 
the ultimate purchaser of gasoline used for certain nonhighway purposes 
(other than farming) or by local transit systems, see section 6421 and 
the regulations thereunder.
    (b) Diesel fuel and special motor fuels used on a farm for farming 
purposes. For provisions with respect to exemption from tax in the case 
of diesel fuel and special motor fuels used on a farm for farming 
purposes, see section 4041(f) and the regulations thereunder. For credit 
or payment in respect of special

[[Page 238]]

fuels used after June 30, 1970, for farming purposes, see section 
6427(c) and Sec. 48.6427-1.

[T.D. 8043, 50 FR 32039, Aug. 8, 1985]





Sec. 48.6420(a)-2   Gasoline includible in claim.

    Payment may be claimed under section 6420 only in respect of 
gasoline used on a farm in the United States for farming purposes. No 
payment is allowable under section 6420 with respect to gasoline used 
for nonfarming purposes, or gasoline used off a farm, regardless of the 
nature of such use. If a vehicle or other equipment is used both on a 
farm and off the farm, or if it is used on a farm both for farming and 
nonfarming purposes, payment is allowable only with respect to that 
portion of the gasoline which was ``used on a farm for farming 
purposes'' as defined in paragraph (a) of Sec. 48.6420(c)-1. The type of 
equipment or vehicle and whether or not it is registered for highway use 
is immaterial. However, the actual use of the equipment or vehicle and 
place where it is used are material. For example, if a truck used on a 
farm for farming purposes is also used on the highways (even though in 
connection with operating the farm), the gasoline used in operating the 
truck on the highways is not to be taken into account in computing the 
payment for which a claim is filed, since such gasoline was used off the 
farm.

[T.D. 6433, 24 FR 10395, Dec. 22, 1959]





Sec. 48.6420(c)-2  Payment under section 6420 to be made to aerial applicators in certain cases.

    (a) Effective date. This regulation is effective for payments for 
gasoline used after March 31, 1979, by aerial applicators on farms for 
farming purposes.
    (b) General rule. Section 6420 provides a payment to the user and 
ultimate purchaser of gasoline used on a farm for farming purposes of an 
amount equal to the tax imposed on gasoline under section 4081. The 
general rule of section 6420(c)(3)(A) is that only the owner, tenant, or 
operator of a farm is entitled to be treated as a user and ultimate 
purchaser. Section 6420(c)(4) provides that under section 6420(c)(3)(A), 
an aerial applicator is entitled to be treated as the user and ultimate 
purchaser of gasoline used by it on a farm for farming purposes, but 
only if the owner, tenant, or operator who is otherwise entitled to 
treatment as the user and ultimate purchaser waives his or her right to 
the payment.
    (c) Form and manner of waiver. To waive the right to be treated as 
user and ultimate purchaser of gasoline which is used on a farm by an 
aerial applicator, the owner, tentant, or operator of a farm who is 
otherwise entitled to treatment as user and ultimate purchaser must 
execute an irrevocable written agreement no later than the date on which 
the aerial applicator claiming the credit files its return for the 
taxable year in which the gasoline is used. The agreement must identify 
the period during which the owner, tenant, or operator waives his or her 
right to payment. The effective period of the waiver cannot extend 
beyond the last day of the taxable year of the owner, tenant, or 
operator of the farm on which the gasoline was used. If the owner, 
tenant, or operator's taxable year extends beyond the taxable year of 
the applicator, the applicator can only claim payment for periods 
included in the applicator's taxable year. Periods after the last day of 
the applicator's taxable year which are included under the agreement 
must be claimed on the applicator's return for the next succeeding 
taxable year. The waiver may be in the form shown under paragraph (g) of 
this section or in any other form that meets the requirements of these 
regulations, but must clearly evidence that the owner, tenant, or 
operator of the farm knowingly gives up the right to receive a payment.
    (d) Agreement included on aerial applicator's invoice. The agreement 
waiving a right to receive a payment under section 6420 may be a 
separate document or may appear on the face or the reverse side of an 
invoice for aerial application services or other unrelated document from 
the aerial applicator to the owner, tenant, or operator of the farm. If 
the waiver agreement appears on an invoice or other unrelated document, 
however, it must be printed in a section of the invoice or other 
document clearly set off from all other material

[[Page 239]]

contained in the invoice or other document, and it must be printed in 
type sufficiently large to put the owner, tenant, or operator of the 
farm on notice that he or she has waived his or her right to receive a 
payment under section 6420. Additionally, if the waiver agreement 
appears as part of any invoice or other unrelated document, it must be 
executed separately from any other item included in the invoice or other 
document which requires the owner, tenant, or operator's signature.
    (e) Copies of agreement waiving right to payment. No copies of any 
agreement waiving a right to payments under section 6420 are to be 
submitted to the Internal Revenue Service unless a request is made by 
the Service to the taxpayer for the waivers. Aerial applicators must, 
however, retain copies of all waivers, and a copy of each waiver must be 
supplied by the aerial applicator to the owner, tenant, or operator of 
the farm who waives his or her right to receive a payment. See 
regulations Sec. 48.6420 (f)-1 for general requirements for records to 
be kept.
    (f) Waiver on behalf of owner, tenant, or operator of farm. If any 
owner, tenant, or operator of a farm desires that an agent (e.g., a 
cooperative) act for him or her or cannot legally bind himself or 
herself due to infancy or other incompetency, a representative expressly 
authorized under local law to bind the owner, tenant, or operator in a 
waiver of his or her rights to a payment under section 6420 may sign the 
waiver on his or her behalf.
    (g) Sample form of agreement. While no specific form is required for 
an effective waiver, an acceptable form waiving the right to receive a 
payment under section 6420 follows:

    I hereby waive my right as owner/tenant/operator of a farm located 
at (address) __________ to receive payment or credit from the United 
States for gasoline used by (aerial applicator) __________ on the farm 
in connection with cultivating the soil, or the raising or harvesting of 
any agricultural or horticultural commodity. This waiver applies to 
gasoline used during the period __________, both dates inclusive.
    I understand that by signing this waiver I give up my right to claim 
any credit or payment for gasoline used by the aerial applicator during 
the period indicated, and I acknowledge that I have not previously 
claimed any credit or payment for that gasoline.
_______________________________________________________________________
(Signature of Owner/Tenant/Operator)
    Taxpayer Identification No.: __________.

(Pub. L. 95-458, 92 Stat. 1257)

[T.D. 7709, 45 FR 49545, July 25, 1980]





Sec. 48.6421-0  Off-highway business use.

    For purposes of the regulations under section 6421, after March 31, 
1983, the term ``off-highway business use'' is used in lieu of the term 
``qualified business use'' and has the same meaning as ``qualified 
business use'' under Sec. 48.6421-4(b).

[T.D. 8043, 50 FR 32039, Aug. 8, 1985]





Sec. 48.6421-1  Credits or payments to ultimate purchaser of gasoline used for certain nonhighway purposes.

    (a) In general. (1) If gasoline is used in a qualified business use 
or as fuel in an aircraft (other than aircraft in noncommercial 
aviation), a credit (under the circumstances described in paragraph (b) 
of this section) or a payment (under the circumstances described in 
paragraph (c) of this section) in respect of the gasoline shall be 
allowed or made to the ultimate purchaser of the gasoline. For gasoline 
used in a qualified business use prior to April 1, 1983, the credit or 
payment under this section shall be an amount equal to 1 cent for each 
gallon of gasoline so used on which the tax was paid at the rate of 3 
cents a gallon, and 2 cents for each gallon of gasoline so used on which 
the tax was paid at the rate of 4 cents a gallon. For gasoline used in 
an off-highway business use after March 31, 1983, the credit or payment 
under this section shall be an amount equal to the amount determined by 
multiplying the number of gallons so used by the rate at which tax was 
imposed on such gasoline under section 4081. For gasoline used as a fuel 
in an aircraft (other than aircraft in noncommercial aviation) the 
credit or payment under this section shall be an amount equal to the 
amount determined by multiplying the number of gallons so used by the 
rate at which tax was imposed on the gasoline under section 4081. No 
interest shall be paid on any payment allowed under paragraph (c) of 
this section. However, interest may be paid on any

[[Page 240]]

overpayment (as defined by section 6401) arising from a credit allowed 
under paragraph (b) of this section. See section 34(a), relating to 
credit for certain uses of gasoline and special fuels (and lubricating 
oil used prior to January 7, 1983). See Sec. 48.6421-3 for the time 
within which a claim for credit or payment must be made under this 
section. See Sec. 48.6421-4 for the meaning of the terms ``gasoline,'' 
``qualified business use,'' ``noncommercial aviation,'' and ``taxable 
year.''
    (2) For purposes of determining the allowable credit or payment in 
respect of gasoline used in a qualified business use or as fuel in an 
aircraft (other than aircraft in noncommercial aviation), gasoline on 
hand shall be considered used in the order in which it was purchased. 
Thus, if the ultimate purchaser has on hand gasoline acquired in two 
purchases made at different times and subject to different rates of tax, 
in determining credit or payment for the gasoline used in a qualified 
business use or as fuel in an aircraft (other than aircraft in 
noncommercial aviation), it will be assumed that the gasoline first 
purchased was the first gasoline used, and the rate applicable to that 
purchase will apply in determining the credit or payment, until all that 
gasoline is accounted for.
    (b) Allowance of income tax credit in lieu of payment. Except as 
provided in paragraph (c) of this section, repayment under this section 
of the tax paid under section 4081 on gasoline used in a qualified 
business use or as a fuel in an aircraft (other than aircraft in 
noncommercial aviation) by a person subject to income tax may be 
obtained only by claiming a credit for the amount of this tax against 
the tax imposed by subtitle A of the Code. The amount of the credit 
shall be an amount equal to the payment which would be made under 
section 6421 with respect to gasoline used during the taxable year in a 
qualified business use or as a fuel in an aircraft (other than aircraft 
in noncommercial aviation) if section 6421(i) and paragraph (c) of this 
section did not apply. See section 34(a)(2).
    (c) Allowance of payment. Payments in respect of gasoline upon which 
tax was paid under section 4081 that is used in a qualified business use 
or as a fuel in an aircraft (other than aircraft in noncommercial 
aviation) shall be made only to--
    (1) The United States or any agency or instrumentality thereof, a 
State, a political subdivision of a State, or an agency or 
instrumentality of one or more State political subdivisions of a State, 
or the District of Columbia,
    (2) An organization which is exempt from tax under section 501(a) 
and is not required to make a return of the income tax imposed under 
subtitle A for its taxable year, or
    (3) A person described in section 6421(c)(2) to whom $1,000 or more 
is payable (without regard to paragraph (b) of this section) under this 
section with respect to gasoline used during any of the first three 
quarters of the person's taxable year.
    (d) Dual use of gasoline. (1) No credit or payment may be claimed in 
respect of gasoline used in a highway vehicle used in a trade or 
business or for the production of income solely by reason of the fact 
that the propulsion motor in the vehicle is also used for a purpose 
other than the propulsion of the vehicle. Thus, if the propulsion motor 
of a highway vehicle (used in a trade or business or for the production 
of income) also operates special equipment, such as a mixing unit on a 
concrete mixer truck or a pump for discharging fuel from a tank truck, 
by means of a power takeoff or power transfer, no credit or payment may 
be claimed in respect of the gasoline used to operate the special 
equipment, even though the special equipment is mounted on the highway 
vehicle.
    (2) If a highway vehicle is equipped with a separate motor to 
operate the special equipment used in a trade or business or for the 
production of income, such as a refrigeration unit, pump, generator, or 
mixing unit, credit or payment may be claimed in respect of the gasoline 
used in the separate motor.
    (3) If gasoline used in a separate motor is drawn from the same tank 
as the one which supplies gasoline for the propulsion of the highway 
vehicle, the determination as to the quantity of gasoline used in the 
separate motor operating the special equipment must be

[[Page 241]]

based on operating experience and supported by records.
    (4) Devices to measure the number of miles the highway vehicle has 
traveled, such as hubometers, may be used in making a preliminary 
determination of the number of gallons of gasoline used to propel the 
vehicle. In order to make a final determination of the number of gallons 
of gasoline used to propel the vehicle, there must be added to this 
preliminary determination the number of gallons of gasoline consumed 
while idling or warming up the motor preparatory to propelling the 
vehicle.
    (e) Gasoline lost or destroyed. Gasoline lost or destroyed through 
spillage, fire, or other casualty is not considered to have been 
``used'' in a qualified business use or as fuel in an aircraft (other 
than aircraft in noncommercial aviation) and, accordingly, credit or 
payment in respect of the gasoline may not be claimed.
    (f) Supporting evidence required. Each claim under this section for 
credit or payment must include a statement showing--
    (1) The total number of gallons of gasoline purchased and used 
during the period covered by the claim in a qualified business use 
multiplied by the rate of payment allowable in respect of the gasoline. 
(For the rate of payment allowable, see paragraph (a)(1) of this 
section.)
    (2) The total number of gallons of gasoline purchased and used 
during the period covered by the claim for use as fuel in an aircraft 
(other than aircraft in noncommercial aviation) multiplied by the rate 
of payment allowable in respect of the gasoline.
    (3) The purpose or purposes for which the gasoline was used, 
determined by reference to general categories, and the amount used for 
each purpose; and
    (4) If a claim on Form 843 is being filed, the internal revenue 
district or service center with which the claimant last filed an income 
tax return (if any).

[T.D. 8043, 50 FR 32039, Aug. 8, 1985]





Sec. 48.6421-2  Credits or payments to ultimate purchasers of gasoline used in intercity, local, or school buses.

    (a) In general. If gasoline is used in an intercity or local bus 
while engaged in furnishing (for compensation) passenger land 
transportation available to the general public or in a school bus 
engaged in the transportation of students or employees of schools, a 
credit (under the circumstances described in paragraph (b) of this 
section) or a payment (under the circumstances described in paragraph 
(c) of this section) in respect to the gasoline shall be allowed or made 
to the ultimate purchaser of the gasoline. The credit or payment under 
this section shall be an amount equal to the product of the number of 
gallons of gasoline so used multiplied by the rate at which tax was 
imposed on the gasoline by section 4081. No interest shall be paid on 
any payment allowed under paragraph (c) of this section. However, 
interest may be paid on an overpayment (as defined by section 6401) 
arising from a credit allowed under paragraph (b) of this section. See 
section 34(a) relating to credit for certain uses of gasoline and 
special fuels, (and lubricating oil used prior to January 7, 1983). See 
Sec. 48.6421-3 for the time within which a claim for credit or payment 
must be made under this section. See Sec. 48.6421-4 for the meaning of 
``gasoline.'' See section 4221(d)(7) and the regulations thereunder for 
the definition of ``intercity bus,'' ``local bus'' and ``school bus.''
    (b) Allowance of income tax credit. Except as provided in paragraph 
(c) of this section, repayment under this section of the tax paid under 
section 4081 of gasoline used while engaged in furnishing (for 
compensation) passenger land transportation available to the general 
public or in school bus transportation operations by a person subject to 
income tax may be obtained only by claiming a credit for the amount of 
this tax against the tax imposed by subtitle A of the Code. The amount 
of the credit shall be an amount equal to the payment which would be 
made under section 6421 with respect to gasoline used during the taxable 
year for this passenger land transportation or school bus operations if 
section 6421(i) and paragraph (c) of this section did not apply. See 
section 34(a)(2).
    (c) Allowance of payment. Payments in respect of gasoline upon which 
tax was paid under section 4081 that is used

[[Page 242]]

while engaged in furnishing (for compensation) passenger land 
transportation available to the general public or in school bus 
transportation operations shall be made only to--
    (1) The United States or any agency or instrumentality thereof, a 
State, or political subdivision of a State, or an agency or 
instrumentality of one or more States or political subdivisions of a 
State, or the District of Columbia,
    (2) An organization which is exempt from tax under section 501(a) 
and is not required to make a return of the income tax imposed under 
subtitle A for its taxable year, or
    (3) A person described in section 6421(c)(2) to whom $1,000 or more 
is payable (without regard to paragraph (b) of this section) under this 
section with respect to gasoline used during any of the first three 
quarters of the person's taxable year.
    (d) Supporting evidence required. Each claim under this section for 
credit or payment must include a statement showing--
    (1) The total number of gallons of gasoline purchased and used 
during the period covered by the claim for each intercity or local bus 
while engaged in furnishing (for compensation) passenger land 
transportation available to the general public multiplied by the rate at 
which tax was imposed on the gasoline by section 4081.
    (2) The total number of gallons of gasoline purchased and used in 
each bus while engaged in school bus transportation operations 
multiplied by the rate at which tax was imposed on the gasoline by 
section 4081, and
    (3) If a claim on Form 843 is being filed, the internal revenue 
district or service center with which the claimant last filed an income 
tax return (if any).

[T.D. 8043, 50 FR 32040, Aug. 8, 1985]





Sec. 48.6421-3  Time for filing claim for credit or payment.

    (a) In general. A claim for credit or payment described in 
Sec. 48.6421-1 with respect to gasoline used in a qualified business use 
or as a fuel in an aircraft (other than aircraft in noncommercial 
aviation) or in Sec. 48.6421-2 with respect to gasoline used either in 
an intercity or local bus while engaged in furnishing (for compensation) 
passenger land transportation available to the general public or in 
school bus transportation operations, shall cover only gasoline used 
during the taxable year, or when paragraph (b)(2) of this section 
applies, gasoline used during the calendar quarter. Therefore, gasoline 
on hand at the end of a taxable year, or, if applicable, a calendar 
quarter, such as gasoline in fuel supply tanks of vehicles or in storage 
tanks or drums, must be excluded from a claim filed for the taxable year 
or calendar quarter, as the case may be. However, this gasoline may be 
included in a claim filed for a later taxable year or a later calendar 
quarter if it is used during that later year or quarter in a qualified 
business use, as fuel in an aircraft (other than aircraft in 
noncommercial aviation), or in intercity, local, or school buses. 
Gasoline used during the taxable year or calendar quarter may be covered 
by the claim for that period although the gasoline was not paid for at 
the time the claim is filed. For purposes of applying this section, a 
governmental unit or exempt organization described in Sec. 48.6421-1(c) 
or Sec. 48.6421-2(c) is considered to have as its taxable year, the 
calendar year or fiscal year on the basis of which it regularly keeps 
its books; see Sec. 48.6421-4(g).
    (b) Time for filing--(1) Annual claims. (i) A claim under this 
section for credit or payment with respect to gasoline shall not be 
allowed unless it is filed no later than the time prescribed by section 
6511 and the regulations thereunder for filing a claim for credit or 
refund of income tax for the particular taxable year.
    (ii) A claim for payment of a governmental unit or exempt 
organization described in Sec. 48.6421-1(c) or Sec. 48.6421-2(c) must be 
filed no later than 3 years following the close of its taxable year (see 
Sec. 48.6421-4).
    (2) Quarterly claims. A claim for payment of $1,000 or more in 
respect of gasoline used during any of the first three quarters of the 
taxable year, filed either under Sec. 48.6421-1(c)(3) in respect of 
gasoline used in a qualified business use or as a fuel in an aircraft 
(other than aircraft used in noncommercial aviation) or under 
Sec. 48.6421-2(c)(3) in respect of gasoline used while engaged in

[[Page 243]]

furnishing (for compensation) passenger land transportation available to 
the general public or in school bus operations, shall not be allowed 
unless the claim is filed on or before the last day of the first 
calendar quarter following the calendar quarter for which the claim is 
filed. No quarterly claim may be filed for the last calendar quarter of 
the taxable year. Amounts for which payment is disallowed under this 
paragraph (b)(2) merely because the claim was not filed on time may be 
included in an annual claim filed under paragraph (b)(1) of this 
section, but other amounts for which a claim for payment has been filed 
under this paragraph (b)(2) may not be included in an annual claim filed 
under paragraph (b)(1) of this section.
    (3) Other applicable rules. See Sec. 301.7502-1 of this chapter 
(Regulations on Procedure and Administration) for provisions treating 
timely mailing as timely filing and Sec. 301.7503-1 of this chapter for 
time for performance of an act where the last day falls on Saturday, 
Sunday, or a legal holiday.
    (c) Limit on claims per taxable year. Not more than one claim may be 
filed under Sec. 48.6421-1 or Sec. 48.6421-2 by any person with respect 
to gasoline used during any taxable year, except to the extent that 
quarterly claims may be filed under paragraph (b)(2) of this section 
with respect to any calendar quarter (other than the last calendar 
quarter) of the taxable year.
    (d) Form and content of claim--(1) Claim for credit. The claim for 
credit to which this section applies must be made by attaching a Form 
4136 to the income tax return of an individual or a corporation. Form 
4136 must be executed in accordance with the instructions prescribed for 
the preparation of the form. A partnership may not file Form 4136. When 
a partnership files Form 1065, U.S. Partnership Return of Income, it 
must include a statement showing how many gallons of gasoline are 
allocated to each partner and the use made of the gasoline.
    (2) Claim for payment. The claim for payment to which this section 
applies must be made on Form 8849 (or on such other form as the 
Commissioner may designate) in accordance with the instructions 
prescribed for the preparation of the form. Each form must designate the 
taxable year, or calendar quarter, for which it is filed. The form must 
be filed with the same service center where the income tax return was 
last filed or, in the case of a governmental unit or exempt organization 
described in Sec. 48.6421-1(c) or Sec. 48.6421-2(c), with the service 
center for the internal revenue region in which the principal place of 
business or principal office of the claimant is located.
    (3) Death or termination. (i) If an individual dies, or if a sole 
proprietorship, partnership, or corporation is terminated or liquidated, 
during the taxable year, the claim for credit or payment may be filed in 
respect of gasoline used during the short taxable year in the same 
manner as is provided for gasoline used in a full taxable year. Those 
months which constitute a quarter of a full taxable year will constitute 
the same quarter of the short taxable year. For example, if a 
corporation using the calendar year is liquidated on September 30, 1982, 
and is entitled to $900 under Sec. 48.6421-1 in respect of gasoline used 
in a qualified business use for the calendar quarters ending June 30 and 
September 30, it may file a claim for payment in respect of the gasoline 
used during the calendar quarters ending June 30, and September 30, 
1981, and take a credit of $900 on its income tax return for the short 
taxable year in respect of the gasoline used during the calendar quarter 
ending March 31, 1982.
    (ii) A claim for payment on behalf of a decedent may be filed by the 
decedent's executor, administrator, or any other person charged with 
responsibility for the decedent's affairs. Such a claim must be 
accompanied by copies of the letters testamentary, letters of 
administration, or, in the case of a claim filed by other than the 
executor or administrator, the information called for in Form 1310 
(Statement of Person Claiming Refund Due a Deceased Taxpayer). The claim 
may cover only gasoline in respect of which the decedent would have been 
entitled to claim payment. For example, if an individual dies on July 
15, 1982, prior to claiming payment under Sec. 48.6421-1 or $1,000 or 
more applicable to gasoline purchased and used in a qualified business 
use during the calendar quarter

[[Page 244]]

ending June 30, 1982, the decedent's executor or other legal 
representative may file a claim for payment covering that calendar 
quarter, and take the credit provided by section 39(a)(2) against the 
decedent's income tax on the income tax return for the short taxable 
year in respect of gasoline purchased by the decedent and so used during 
the period from July 1, 1982 to July 15, 1982, the date of death.
    (e) Restrictions on claims for credit or payment. Credits or 
payments are allowable only in respect of gasoline that was sold by the 
producer or importer in a transaction that was subject to tax under 
section 4081. For example, a State or local government may not file a 
claim with respect to any gasoline which it purchased tax free from the 
producer, even though the State or local government used the gasoline as 
a fuel for the purposes described in paragraph (a) of this section. 
Similarly, a governmental unit or tax-exempt organization that is the 
ultimate purchaser of gasoline may not file a claim for payment if it is 
known that another person is entitled to claim credit, payment, or 
refund with respect to the same gasoline. For example, a State or local 
government may not file a claim for payment if it has executed, or 
intends to execute, a written consent, or other documentation, to enable 
the producer to claim credit or refund for the tax that was paid. See, 
for example, Secs. 48.6416(a)-3 and 48.6416(b)(2)-3(b)(1).

[T.D. 8043, 50 FR 32041, Aug. 8, 1985, as amended by T.D. 8659, 61 FR 
10463, Mar. 14, 1996]





Sec. 48.6421-4  Meaning of terms.

    For purposes of the regulations under section 6421, unless otherwise 
expressly indicated--
    (a) Gasoline. The term ``gasoline'' has the same meaning given to 
such term by section 4082(b) and regulations thereunder.
    (b) Qualified business use. (1) The term ``qualified business use'' 
means any use by a person in a trade or business of the person or in an 
activity of the person described in section 212 (relating to production 
of income) otherwise than as a fuel in a highway vehicle--
    (i) That at the time of the use is registered, or is required to be 
registered, for highway use under the laws of any state, the District of 
Columbia, or a foreign country, or
    (ii) That, in the case of a highway vehicles owned by the United 
States, is used on the highway.

The term ``qualified business use'' does not include any use in a 
motorboat, other than a vessel used in the fisheries or whaling 
business. See paragraph (c) of this section for the definition of 
``highway vehicle.'' See paragraph (d) of this section for the 
definition of ``highway.''
    (2) Any highway vehicle operated under a dealer's tag, license, or 
permit will be considered to be registered. A highway vehicle is not 
considered to be ``registered'' solely because there has been issued a 
special permit for operation of the vehicle at particular times and 
under specified conditions. However, a highway vehicle that is required 
to be registered and that is also issued a special permit for operation 
of the vehicle under specified conditions, such as carrying an oversize 
load, is still considered to be ``registered.''
    (3) Nonbusiness, off-highway use of gasoline by such vehicles and 
equipment as minibikes, snowmobiles, power lawn mowers, chain saws, and 
other yard equipment does not qualify as gasoline used a qualified 
business use.
    (4) Examples of gasoline used in a qualified business use include: 
(i) gasoline used (in a trade or business or for the production of 
income) in stationary engines to operate pumps, generators, compressors, 
and power saws; (ii) gasoline used (in a trade or business or for the 
production of income) for cleaning purposes; (iii) gasoline used (in a 
trade or business or for the production of income) in forklift trucks, 
bulldozers, and earthmovers; and (iv) gasoline used by a nonhighway 
vehicle in connection with the trade or business of construction, mining 
or logging.
    (5) Illustration. The application of this paragraph (b) may be 
illustrated by the following example:

    Example. M Corporation, a logging company, files its income tax 
return on the basis of the calendar year. During 1982, the company used 
20,000 gallons of gasoline in its logging business. Of this amount, 
12,000 gallons were used as fuel in registered highway vehicles which 
were operated both on the

[[Page 245]]

public highways and on the company's private roads. Of the remaining 
8,000 gallons, 6,000 were used in nonhighway vehicles, such as tractors 
and bulldozers, and 2,000 gallons were used in highway vehicles, such as 
heavy trucks which, at the time of use, were neither registered nor 
required to be registered under state law for highway use by reason of 
being operated entirely on the company's property. As the ultimate 
purchaser, M may take a credit on its income tax return for 1982 under 
this section in respect of the 6,000 gallons used in the nonhighway 
vehicles and the 2,000 gallons used in the unregistered highway 
vehicles. However, no credit may be allowed with respect to the 12,000 
gallons used in the registered highway vehicles even though a portion of 
this gasoline was used in operating the vehicles on the company's own 
property.

    (c) Highway vehicle. The term ``highway vehicle'' has the same 
meaning assigned to this term under Sec. 48.4061(a)-1(d).
    (d) Highway. The term ``highway'' includes any road, whether a 
Federal highway, State highway, city street, or otherwise, in the United 
States which is not a private roadway.
    (e) Noncommercial aviation. The term ``non-commercial aviation'' has 
the same meaning given to such term by section 4041(c)(4).
    (f) Calendar quarter. The term ``calendar quarter'' means a period 
of three calendar months ending on March 31, June 30, September 30, or 
December 31.
    (g) Taxable year. The ``taxable year'' of a governmental unit or 
tax-exempt organization described in Sec. 48.6421-1(c) or Sec. 48.6421-
2(c) is the calendar or fiscal year on the basis of which it regularly 
keeps its books. The ``taxable year'' of persons subject to income tax 
shall have the meaning it has under section 7701(a)(23).

[T.D. 8043, 50 FR 32042, Aug. 8, 1985]





Sec. 48.6421-5  Exempt sales; other payments or refunds available.

    (a) Exempt sales. No credit or payment shall be allowed or made 
under Sec. 48.6421-1 or Sec. 48.6421-2 with respect to gasoline which 
was exempt from the tax imposed by section 4081. For example, credit or 
payment may not be allowed or made with respect to gasoline purchased 
tax free for use as supplies for certain vessels and airplanes, or with 
respect to gasoline purchased by a State tax free for its exclusive use, 
as provided in section 4221.
    (b) Other payments or refunds available. Any amount which, without 
regard to the second sentence of section 6421(e)(1) and this paragraph 
(b), would be allowable as a credit or payable to any person under 
Sec. 48.6421-1 or Sec. 48.6421-2 is reduced by any other amount which is 
allowable as a credit or payable under section 6421, or is refundable 
under any other provision of the Code, to any person with respect to the 
same gasoline.
    (c) Gasoline used on farms. Payments with respect to gasoline used 
on a farm for farming purposes shall be claimed under section 6420 and 
Sec. 48.6420-1, and no claim in respect of that gasoline may be made 
under section 6421 and the regulations thereunder.

[T.D. 8043, 50 FR 32042, Aug. 8, 1985]





Sec. 48.6421-6  Applicable laws.

    (a) Penalties, excessive claims, etc. All provisions of law, 
including penalties, applicable in respect of the tax imposed by section 
4081 shall, to the extent applicable and consistent with section 6421, 
apply in respect of the payments provided for in section 6421 to the 
same extent as if these payments were refunds of overpayments of the tax 
imposed on the sale of gasoline by section 4081. For special rules 
applicable to the assessment and collection of amounts constituting 
excessive payments under section 6421, see section 6206 and the 
regulations thereunder. For the civil penalty assessable in the case of 
excessive claims under section 6421, see section 6675 and the 
regulations thereunder. For the treatment as an overpayment of an amount 
allowable as an excessive credit under section 34 (section 39 of the 
Internal Revenue Code of 1954 prior to its revision by the Tax Reform 
Act of 1984) with respect to amounts payable under section 6421, see 
section 6401(b).
    (b) Examination of books and witnesses. For the purpose of 
ascertaining (1) the correctness of any claim made under section 6421 or 
(2) the correctness of any credit or payment made in respect of the 
claim, the Commissioner shall have the same authority granted by 
paragraphs (1), (2), and (3) of section 7602, relating to examination of 
books

[[Page 246]]

and witnesses, as if the person claiming credits or payment under 
section 6421 were the person liable for tax.

[T.D. 8043, 50 FR 32042, Aug. 8, 1985]





Sec. 48.6421-7  Records to be kept in substantiation of credits or payments.

    (a) In general. Every person making a claim for credit or payment 
under section 6421 must keep records sufficient to enable the district 
director to determine whether the person is entitled to credit or 
payment under section 6421 and, if so, the amount of the credit or 
payment. No particular form is prescribed for keeping the records, but 
the records must include a copy of any statement or document submitted 
with the return or claim. The records must also show with respect to the 
period covered by the claim--
    (1) The number of gallons of gasoline purchased and the dates of 
purchase,
    (2) The name and address of each vendor from whom gasoline was 
purchased and the total number of gallons purchased from each,
    (3) The number of gallons of gasoline purchased by the claimant and 
used during the period covered by the claim for nonhighway purposes or 
in intercity, local or school buses,
    (4) Other information as necessary to establish the correctness of 
the claim.
    (b) Acceptable records. (1) Evidence of purchases of gasoline, and 
the purposes for which it was used, to substantiate claims may include 
paid duplicate sales invoices or tickets from the gasoline dealer or 
other vendor, and detailed records of all fuel used which show the 
amount used for the prescribed purpose and the amount used for other 
purposes.
    (2) Records maintained for Federal or State income tax purposes, or 
to support claims for refund of a State tax on gasoline, may be used to 
the extent that they contain the information necessary to substantiate 
the accuracy of the claim for credit under section 6421. However, the 
records must show separately the number of gallons of gasoline used for 
nonhighway purposes or in intercity, local, or school buses during the 
period covered by the claim.
    (c) Place and period for keeping records. (1) All records required 
by this section must be kept by the claimant at a convenient and safe 
location within the United States which is accessible to internal 
revenue officers and shall during normal business hours be available for 
inspection by internal revenue officers. If the claimant has a principal 
place of business in the United States, the records must be kept at that 
place of business.
    (2) Records required to substantiate a claim under section 6421 must 
be maintained for a period of at least 3 years from the last date 
prescribed for the filing of the claim for credit or payment.

[T.D. 8043, 50 FR 32043, Aug. 8, 1985]





Sec. 48.6427-0  Off-highway business use.

    For purposes of the regulations under section 6427, after March 31, 
1983, the term ``off-highway business use'' is used in lieu of the term 
``qualified business use'' and has the same meaning as ``qualified 
business use'' under Sec. 48.6421-1(b).

[T.D. 8043, 50 FR 32046, Aug. 8, 1985]





Sec. 48.6427-1  Credit or payments to purchaser of special fuels resold or used for nontaxable, farming, or other purposes.

    (a) Amount of repayment--(1) Nontaxable or other uses. (i) If tax 
has been paid under section 4041(a)(1) on the sale of diesel fuel for 
use as a fuel in a diesel-powered highway vehicle or under section 
4041(a)(2) on the sale of special motor fuel for use as a fuel in a 
motor vehicle or a motorboat and the fuel is used by the purchaser for a 
nontaxable purpose or for a purpose taxable at a lower rate than the 
purposes for which sold, a credit (under the circumstances described in 
paragraph (b) of this section) or a payment (under the circumstances 
described in paragraph (c) of this section) in respect of the fuel shall 
be allowed or made to the purchaser of the fuel in an amount equal to--
    (A) The amount of the tax imposed on the sale of the fuel to the 
purchaser if the purchaser resells the fuel, or
    (B) If the purchaser uses the fuel, the amount of tax imposed on the 
sale of the fuel to the purchaser, less the amount of tax, if any, that 
would have been imposed on the purchaser's use of

[[Page 247]]

the fuel if no tax had been imposed on the sale of the fuel to the 
purchaser.
    (ii) For purposes of paragraph (a)(1)(i) of this section, and for 
the regulations under section 6427 applying such paragraph, tax imposed 
on the sale of fuel will be treated as an overpayment by the purchaser 
if the person resells the fuel or uses it for a nontaxable purpose or 
for a purpose taxable at a lower rate than that for which sold to the 
purchaser. Thus, for example, special motor fuel which was sold tax paid 
to the purchaser for use otherwise than in a qualified business use in a 
motor vehicle will qualify for the payment under section 6427 if the 
purchaser uses it as a fuel in a qualified business use.
    (2) Used for farming purposes. (i) If tax has been paid under 
section 4041(a)(1) on the sale of diesel fuel for use as a fuel in a 
diesel-powered highway vehicle, or under section 4041(a)(2) on the sale 
of special motor fuel for use as a fuel in a motor vehicle or a motor 
boat and the fuel is used on a farm for farming purposes, a credit 
(under the circumstances described in paragraph (b) of this section) or 
a payment (under the circumstances described in paragraph (c) (1) or (2) 
of this section) in respect of the fuel shall be allowed or made to the 
purchaser of the fuel in an amount equal to the amount of tax that was 
imposed under section 4041 on the sale of the fuel. The provisions of 
section 6420(c) (1), (2), and (3) and Sec. 48.6420-4 shall apply under 
this paragraph (a)(2) in determining whether the fuel is used on a farm 
for farming purposes.
    (ii) The term ``purchaser,'' as used in paragraph (a)(2)(i) of this 
section, includes only a person who is an owner, tenant, or operator of 
a farm. A person who is owner, tenant, or operator of a farm is a 
purchaser of fuel only with respect to such fuel as is purchased by the 
person and used for farming purposes on a farm of which the person is 
the owner, tenant, or operator. Thus, the owner of a farm who purchases 
fuel which is used on the farm by its owner, tenant, or operator for 
farming purposes is generally the purchaser of the fuel. If, however, 
the cost of fuel supplied by an owner, tenant, or operator of a farm, is 
by agreement or other arrangement borne by a second person who is an 
owner, tenant, or operator of the farm, the second person who bore the 
cost of the fuel is considered to be the purchaser of the fuel.
    (iii) Except as provided in paragraph (a)(2)(iv) of this section, if 
fuel is used on a farm by any person other than the owner, tenant, or 
operator for the purposes described in section 6420(c)(3)(A) and 
Sec. 48.6420-4(d) (relating to gasoline used in cultivating, raising, or 
harvesting), the owner, tenant, or operator (as the case may be) will be 
treated for the purposes of Sec. 48.6427-1(a)(2)(i) as the purchaser who 
used the fuel on the farm for farming purposes.
    (iv) Section 6427(c) provides that an aerial applicator or other 
applicator is entitled to be treated as the user and ultimate purchaser 
of fuel that the applicator uses on a farm for the purposes described in 
section 6420(c)(3)(A), but only if the owner, tenant, or operator of the 
farm who is otherwise entitled to be treated as the ultimate purchaser 
waives the right to credit or payment. The rules contained in section 
6420 and the regulations under the section regarding waivers by owners, 
tenants, and operators of farms of their rights to payments under 
section 6420 for gasoline used by aerial applicators on a farm for 
farming purposes apply to waivers under this section.
    (3) Definitions, uses, and other rules. (i) No interest shall be 
paid on any payment allowed under paragraph (c) of this section. 
However, interest may be paid on any overpayment (as defined by section 
6401) arising from a credit. See section 34(a), relating to credit for 
certain uses of gasoline and special fuels. See section 39(a) of the 
Internal Revenue Code of 1954 prior to its revision by the Highway 
Revenue Act of 1982, relating to credit for certain uses of lubricating 
oil. See section 6611, relating to interest on overpayments.
    (ii) See Sec. 48.6427-3 for the time within which a claim for credit 
or payment must be made under this section.
    (iii) See Sec. 48.6420-4 for the meaning of the terms ``used on a 
farm for farming purposes'' and ``farm.'' The term ``gasoline'' has the 
same meaning given to this term by section 4082(b) and the regulations 
thereunder. For the meaning of the terms ``diesel fuel,'' ``special

[[Page 248]]

motor fuel,'' ``motor vehicle,'' ``highway vehicle,'' and ``registered'' 
see section 4041 and the regulations thereunder. The term ``fuel'' means 
diesel fuel, special motor fuel, or gasoline, as the context requires. 
Where appropriate, the term ``use'' includes a resale. See Sec. 48.6421-
4 for the meaning of ``calendar quarter'' and ``taxable year''.
    (iv) For purposes of determining the allowable credit or payment in 
respect of fuel used for nontaxable purposes, on a farm for farming 
purposes, or for purposes taxable at a lower rate, fuel on hand shall be 
considered used in the order in which it was purchased. Thus, if the 
purchaser made purchases at different times and subject to different 
rates of tax, then in determining credit or payment for fuel used for a 
described purpose, it will be assumed that the fuel first purchased was 
the first fuel used, and the rate applicable to that purchase will apply 
in determining the credit of payment, until all of that fuel is 
accounted for.
    (v) Fuel lost or destroyed through spillage, fire, or other casualty 
is not considered to have been ``used'' within the meaning of this 
section, and, accordingly, no credit or payment of the tax paid on the 
sale of the fuel may be made under this section.
    (b) Allowance of income tax credit in lieu of payment. Except as 
provided in paragraph (c) of this section, repayment under this section 
of the tax paid under section 4041 on fuel used by a person subject to 
income tax may be obtained only by claiming a credit for the amount of 
this tax against the tax imposed by subtitle A of the Code. The amount 
of the credit shall be an amount equal to the payment which would be 
made under section 6427 with respect to fuel used during the taxable 
year for nontaxable purposes on a farm for farming purposes, or for 
purposes taxable at a lower rate, if section 6427(i) and paragraph (c) 
of this section did not apply. See section 34(a)(3).
    (c) Allowance of payment. Payments in respect of fuel upon which tax 
was paid under section 4041 that is used for nontaxable purposes, on a 
farm for farming purposes, or for purposes taxable at a lower rate, 
shall be made only to--
    (1) The United States or any agency or instrumentality thereof, a 
State, a political subdivision of a State, or an agency or 
instrumentality of one or more States or political subdivisions of a 
State, or the District of Columbia,
    (2) An organization which is exempt from tax under section 501(a) 
and is not required to make a return of the income tax imposed under 
subtitle A for its taxable year, or
    (3) In the case of fuel used for nontaxable purposes to which 
section 6427(a) applies, to a person described in section 6427(g)(2) to 
whom $1,000 or more is payable (without regard to paragraph (b) of this 
section) under this section with respect to fuel used during any of the 
first three quarters of his taxable year.
    (d) Dual use of fuel. The principles set forth in Sec. 48.4041-7, 
relating to dual use of fuel, for determining whether liability is 
incurred under section 4041 at the time of sale of the fuel, are equally 
applicable in determining whether a credit or payment is to be allowed 
under this section. Thus, if diesel fuel or special motor fuel used in a 
separate motor is drawn from the same tank as the one which supplies 
fuel for the propulsion of the vehicle, a reasonable determination of 
the quantity of the fuel used in the separate motor will be acceptable 
for purposes of computing the payment or credit under this section. The 
determination must be based, however, on the operating experience of the 
person using the fuel, and a statement, signed by the person, evidencing 
the operating experience must be maintained as a part of the records of 
the person claiming the payment or credit.
    (e) Supporting evidence required. Each claim under this section for 
credit or payment must include a statement showing--
    (1) The total number of gallons of fuel purchased and used for 
nontaxable or farming purposes during the period covered by the claim, 
multiplied by the rate of payment allowable under this section with 
respect to such fuel;
    (2) The purpose or purposes for which the fuel was used, determined 
by reference to general categories, and the amount used for each of the 
purposes; and

[[Page 249]]

    (3) If a claim on Form 843 is being filed, the internal revenue 
district or service center with which the claimant last filed an income 
tax return, (if any).
    (f) Illustrations. The application of this section may be 
illustrated by the following example:

    Example. Special motor fuel was sold for use as fuel in a highway 
vehicle that was registered for highway use. Tax was imposed on the sale 
at the rate of 9 cents a gallon under section 4041(a)(2). The special 
motor fuel was eventually used by the purchaser in a qualified business 
use. The credit or payment of tax is to be computed as follows:

                                                                        
------------------------------------------------------------------------
                                                    Cents per gallon    
------------------------------------------------------------------------
Rate at which tax was paid...................  9                        
Less: Rate at which tax would have been        0                        
 imposed on a qualified business use under                              
 sec. 4041(b).                                                          
                                              --------------------------
Net credit or payment under sec. 6427(a).....  9                        
------------------------------------------------------------------------


[T.D. 8043, 50 FR 32046, Aug. 8, 1985, as amended by T.D. 8152, 52 FR 
31621, Aug. 21, 1987]





Sec. 48.6427-2  Credits or payments to purchaser of diesel or special motor fuels used in intercity, local, or school buses.

    (a) In general. (1) If tax has been paid under section 4041(a)(1) on 
the sale of diesel fuel for use as a fuel in a diesel-powered highway 
vehicle or under section 4041(a)(2) on the sale of special motor fuel 
for use as a fuel in a motor vehicle or a motorboat and the fuel is used 
by the purchaser in an intercity or local bus while engaged in 
furnishing (for compensation) passenger land transportation available to 
the general public or in a school bus in the transportation of students 
and employees of schools, a credit (under the circumstances described in 
paragraph (b) of this section) or a payment (under the circumstances 
described in paragraph (c) of this section) in respect of the fuel so 
used shall be allowed or made to the purchaser of the fuel. The credit 
or payment under this section shall be an amount equal to the product of 
the number of gallons of fuel so used multiplied by the rate at which 
tax was imposed on the fuel by section 4041(a)(1) or section 4041(a)(2), 
reduced as limited by section 6427(b)(2). No interest shall be paid on 
any payment allowed under paragraph (c) of this section. However, 
interest may be paid on any overpayment (as defined by section 6401) 
arising from a credit. See section 34(a), relating to credit for certain 
uses of gasoline and special fuels, (and lubricating oil prior to 
January 7, 1983). See section 6611, relating to interest on 
overpayments. See Sec. 48.6427-3 for the time within which a claim for 
credit or payment must be made under this section.
    (2) The terms ``diesel fuel'' and ``special motor fuel'' have the 
same meaning as in section 4041 and the regulations thereunder. The term 
``fuel'' means diesel fuel and special motor fuel. See Sec. 48.6421-4 
for the meaning of ``calendar quarter'' and ``taxable year.''
    (b) Allowance of income tax credit. Except as provided in paragraph 
(c) of this section, repayment under this section of the tax paid under 
section 4041(a)(1) or section 4041(a)(2) on diesel or special motor fuel 
used while engaged in furnishing (for compensation) passenger land 
transportation available to the general public or in school bus 
transportation operations by a person subject to income tax may be 
obtained only by claiming a credit for the amount of this tax against 
the tax imposed by subtitle A of the Code. The amount of the credit 
shall be an amount equal to the payment which would be made under 
section 6427 with respect to fuel used during the taxable year for 
passenger land transportation or school bus operations if section 
6427(i) and paragraph (c) of this section did not apply. See section 
34(a)(3).
    (c) Allowance of payment. Payments in respect of diesel or special 
motor fuel upon which tax was paid under section 4041(a)(1) or section 
4041(a)(2) that is used while engaged in furnishing (for compensation) 
passenger land transportation available to the general public or in 
school bus transportation operations shall be made only to--
    (1) The United States or any agency or instrumentality thereof, a 
State, a political subdivision of a State, or an agency or 
instrumentality of one or more States or political subdivisions of a 
State, or the District of Columbia,

[[Page 250]]

    (2) An organization which is exempt from tax under section 501(a) 
and is not required to make a return of the income tax imposed under 
subtitle A for its taxable year, or
    (3) A person described in section 6427(g)(2) to whom $1,000 or more 
is payable (without regard to paragraph (b) of this section) under this 
section with respect to fuel used during any of the first three quarters 
of the person's taxable year.
    (d) Supporting evidence required. Each claim under this section for 
credit or payment must include a statement showing--
    (1) The total number of gallons of fuel purchased and used in each 
intercity or local bus while engaged in furnishing (for compensation) 
passenger land transportation available to the general public multiplied 
by the rate at which tax was imposed on the fuel by section 4041(a)(1) 
or section 4041(a)(2). See, however, section 6427(b)(2) with respect to 
the limitation on the amount of credit for buses other than qualified 
local buses.
    (2) The total number of gallons of fuel purchased and used in each 
bus while engaged in school bus transportation operations multiplied by 
the rate at which tax was imposed on the fuel by subsection (a)(1) or 
(a)(2) of section 4041. See, however, section 6427(b)(2) with respect to 
the limitation on the amount of credit for buses other than qualified 
local buses.
    (3) If a claim on Form 843 is being filed, the internal revenue 
district or service center with which the purchaser last filed an income 
tax return (if any).

[T.D. 8043, 50 FR 32047, Aug. 8, 1985]





Sec. 48.6427-3  Time for filing claim for credit or payment.

    (a) In general. A claim for credit or payment described in 
Sec. 48.6427-1 with respect to fuel used for nontaxable, farming, or 
other purposes taxable at a lower rate or in Sec. 48.6427-2 with respect 
to fuel used either in an intercity or local bus while engaged in 
furnishing (for compensation) passenger land transportation available to 
the general public or in school bus transportation operations shall 
cover only fuel used during the taxable year, or when paragraph (b)(2) 
of this section applies, used during the calendar quarter. Therefore, 
fuel on hand at the end of a taxable year, or, if applicable, a calendar 
quarter, such as fuel in supply tanks of vehicles or in storage tanks or 
drums, must be excluded from a claim filed for the taxable year or 
calendar quarter, as the case may be. However, this fuel may be included 
in a claim filed for a later taxable year or a later calendar quarter if 
it is used during that later year or quarter for nontaxable or farming 
purposes, or in an intercity or local bus while engaged in furnishing 
(for compensation) passenger land transportation available to the 
general public or in school bus transportation operations. Fuel used 
during the taxable year or calendar quarter may be covered by the claim 
for that period although the fuel has not been paid for at the time the 
claim is filed. The purposes of applying this section, a governmental 
unit or exempt organization described in Sec. 48.6427-1(c) or 
Sec. 48.6427-2(c) is considered to have as its taxable year the calendar 
year or fiscal year on the basis of which it regularly keeps its books; 
see Sec. 48.6421-4.
    (b) Time for filing--(1) Annual claims. (i) A claim under this 
section for credit or payment with respect to fuel used during a taxable 
year shall not be allowed unless it is filed no later than the time 
prescribed by section 6511 and the regulations thereunder for filing a 
claim for credit or refund of income tax for the particular taxable 
year.
    (ii) A claim for payment of a governmental unit or exempt 
organization described in Sec. 48.6427-1(c) or unit or exempt 
organization described in Sec. 48.6427-2(c), must be filed no later than 
3 years following the close of its taxable year. See Sec. 48.6421-4.
    (2) Quarterly claims. A claim for payment of $1,000 or more in 
respect to fuel used during any of the first three quarters of the 
taxable year, filed either under Sec. 48.6427-1(c)(3) in respect of fuel 
used for nontaxable purposes or for purposes taxable at a lower rate, or 
under Sec. 48.6427-2(c)(3) in respect of fuel used while engaged in 
furnishing (for compensation) passenger land transportation available to 
the general public or in school bus transportation operations, shall not 
be allowed unless

[[Page 251]]

the claim is filed on or before the last day of the first calendar 
quarter following the calendar quarter for which the claim is filed. No 
quarterly claim may be filed for the last calendar quarter of the 
taxable year. Amounts for which payment is disallowed under this 
paragraph (b)(2) merely because the claim was not filed on time may be 
included in an annual claim filed under paragraph (b)(1) of this 
section, but other amounts for which a claim for payment has been filed 
under this paragraph (b)(2) may not be included in an annual claim filed 
under paragraph (b)(1) of this section.
    (3) Other applicable rules. See Sec. 301.7502-1 of this chapter 
(Regulations on Procedure and Administration) for provisions treating 
timely mailing as timely filing and Sec. 301.7503-1 of this chapter for 
time for performance of an act where the last day falls on Saturday, 
Sunday, or a legal holiday.
    (c) Limit on claims per taxable year. Not more than one claim may be 
filed under Sec. 48.6427-1 or Sec. 48.6427-2 by any person with respect 
to fuel used during any taxable year, except to the extent that 
quarterly claims may be filed under paragraph (b)(2) of this section 
with respect to any calendar quarter (other than the last calendar 
quarter) of the taxable year.
    (d) Form and content of claim--(1) Claim for credit. The claim for 
credit to which this section applies must be made by attaching a Form 
4136, to the income tax return of an individual or a corporation. Form 
4136 must be executed in accordance with the instructions prescribed for 
the preparation of the form. A partnership may not file Form 4136. When 
a partnership files Form 1065, U.S. Partnership Return of Income, it 
must include a statement showing how many gallons of fuel are allocated 
to each partner and the use made of the fuel.
    (2) Claim for payment. The claim for payment to which this section 
applies must be made on Form 8849 (or on such other form as the 
Commissioner may designate) in accordance with the instructions 
prescribed for the preparation of the form. Each form must designate the 
taxable year, or calendar quarter, for which it is filed. The form must 
be filed with the same service center where the income tax return was 
last filed or, in the case of a governmental unit or exempt organization 
described in Sec. 48.6427-1(c) or Sec. 48.6427-2(d), with the service 
center for the internal revenue region in which the principal place of 
business or principal office of the claimant is located.
    (3) Death or termination. (i) If an individual dies, or if a sole 
proprietorship, partnership, or corporation is terminated or liquidated, 
during the taxable year, the claim for credit or payment may be filed in 
respect of fuel used during the short taxable year in the same manner as 
is provided for fuel used in a full taxable year. Those months which 
constitute a quarter of a full taxable year will constitute the same 
quarter of the short taxable year. For example, if a corporation using 
the calendar year is liquidated on September 30, 1982, and is entitled 
to $900 under Sec. 48.6427-1 in respect of fuel used for nontaxable 
purposes for the calendar quarter ending March 31 and is also entitled 
to payments of $1,500 for each of the calendar quarters ending June 30 
and September 30, it may file a claim for payment in respect of the fuel 
used for nontaxable purposes during the calendar quarters ending June 
30, and September 30, 1982, and take a credit of $900 on its income tax 
return for the short taxable year in respect of the fuel used during the 
calendar quarter ending March 31, 1982.
    (ii) A claim for payment on behalf of a decedent may be filed by the 
decedent's executor, administrator, or any other person charged with 
responsibility for the decedent's affairs. Such a claim must be 
accompanied by copies of the letters testamentary, letters of 
administration, or, in the case of a claim filed by other than the 
executor or administrator, the information called for in Form 1310 
(Statement of Person Claiming Refund Due a Deceased Taxpayer).
    The claim may cover only fuel in respect of which the decedent would 
have been entitled to claim payments. For example, if an individual dies 
on July 15, 1982, prior to claiming payment under Sec. 48.6427-1 of 
$1,000 or more applicable to fuel purchased and used for nontaxable 
purposes during the calendar quarter ending June 30, 1982, the

[[Page 252]]

decedent's executor or other legal representative may file a claim for 
payment covering that calendar quarter, and take the credit provided by 
section 39(a)(3) against the decedent's income tax on the income tax 
return for the short taxable year in respect of fuel purchased by the 
decedent and so used during the period from July 1, 1982, to July 15, 
1982, the date of death.
    (e) Restrictions on claims for credit or payment. Credits or 
payments are allowable only in respect of fuel that was sold by the 
producer or importer in a transaction that was subject to tax under 
section 4041. For example, a State or local government may not file a 
claim with respect to any fuel which it purchased tax free from the 
producer, even though the State or local government used the fuel for 
the purposes described in paragraph (a) of this section. Similarly, a 
State or local government may not file a claim with respect to the use 
of fuel if it is known that another person is entitled to claim a 
payment, credit, or refund with respect to the same fuel. For example, a 
State or local government may not file a claim in respect of tax-paid 
fuel that has been resold by the purchaser to the State or local 
government.

[T.D. 8043, 50 FR 32048, Aug. 8, 1985, as amended by T.D. 8659, 61 FR 
10464, Mar. 14, 1996]





Sec. 48.6427-4  Applicable laws.

    (a) Penalties, excessive claims, etc. All provisions of law, 
including penalties, applicable in respect of the tax imposed by section 
4041 shall, to the extent applicable and consistent with section 6427, 
apply in respect of the payments provided for in section 6427 to the 
same extent as if these payments constituted refunds of overpayments of 
the tax imposed on the sale of fuels by section 4041. For special rules 
applicable to the assessment and collection of amounts constituting 
excessive payments under section 6427, see section 6206 and the 
regulations thereunder. For the civil penalty assessable in the case of 
excessive claims under section 6427, see section 6675 and the 
regulations thereunder. For the treatment as an overpayment of an amount 
allowable as an excessive credit under section 34 with respect to 
amounts payable under section 6427, see section 6401(b).
    (b) Examination of books and witnesses. For the purpose of 
ascertaining (1) the correctness of any claim made under section 6427 or 
(2) the correctness of any credit or payment made in respect of the 
claim, the Commissioner shall have the same authority granted by 
paragraphs (1), (2), and (3) of section 7602, relating to examination of 
books and witnesses, as if the person claiming credit or payment under 
section 6427 were the person liable for tax.

[T.D. 8043, 50 FR 32049, Aug. 8, 1985]





Sec. 48.6427-5  Records to be kept in substantiation of credits or payments.

    (a) In general. Every person making a claim for credit or payment 
under section 6427 must keep records sufficient to enable the district 
director to determine whether the person is entitled to credit or 
payment under such section and, if so, the amount of the credit or 
payment. No particular form is prescribed for keeping the records, but 
the records must include a copy of the income tax return or claim and a 
copy of any statement or document submitted with the return or claim. 
The records must also show with respect to the period covered by the 
claim--
    (1) The number of gallons of fuel purchased and the dates of 
purchase,
    (2) The name and address of each vendor from whom fuel was purchased 
and the total number of gallons purchased from each,
    (3) The number of gallons of fuel purchased by the claimant and used 
during the period covered by the claim for nontaxable purposes, farming 
purposes, for other purposes taxable at a lower rate, in local, 
intercity, or school buses, and
    (4) Other information as necessary to establish the correctness of 
the claim.
    (b) Acceptable records. (1) Evidence of purchases of fuel, and the 
purposes for which it was used, to substantiate claims may include paid 
duplicate sales invoices or tickets from the fuel dealer or other 
vendor, and detailed records of all fuel used which show the amount used 
the prescribed purpose and the amount used for other purposes.

[[Page 253]]

    (2) Records maintained for Federal or State income tax purposes, or 
to support claims for refund of a State tax on fuel, may be used to the 
extent that they contain the information necessary to substantiate the 
accuracy of the claim for credit under section 6427. However, the 
records must show separately the number of gallons of fuel used for 
nontaxable purposes, farming purposes, other purposes taxable at a lower 
rate, or in intercity, local, or school buses during the period covered 
by the claim.
    (c) Place and period for keeping records. (1) All records required 
by this section must be kept by the claimant at a convenient and safe 
location within the United States which is accessible to internal 
revenue officers and shall during normal business hours be available for 
inspection by internal revenue officers. If the claimant has a principal 
place of business in the United States, the records must be kept at that 
place of business.
    (2) Records required to substantiate a claim under section 6427 must 
be maintained for a period of at least 3 years from the last date 
prescribed for the filing of the claim for credit or payment.

[T.D. 8043, 50 FR 32049, Aug. 8, 1985]





Sec. 48.6427-6  Limitation on credit or refund of tax paid on fuel used in intercity, local or school buses after July 31, 1984.

    (a) Limitation on amount of credit or refund--(1) In general. In the 
case of fuel sold or used after July 31, 1984, on which tax was imposed 
under section 4041(a), the amount of credit or refund under section 
6427(b)(1) shall not exceed 12 cents per gallon except where fuel is 
used in a bus while such bus is being operated as a ``qualified local 
bus'' in which case the credit or refund shall be the full amount of tax 
paid under section 4041(a) on such fuel.
    (2) Qualified local bus. A bus is considered to be operated as a 
``qualified local bus'' if such bus--
    (i) Is engaged in furnishing (for compensation) intracity passenger 
land transportation that is available to the general public and is 
scheduled and along regular routes,
    (ii) Has a seating capacity of at least 20 adults (not including the 
driver), and
    (iii) Is under contract with (or is receiving more than a nominal 
subsidy from) any State or local government (as defined in section 
4221(d)(4)) to furnish such transportation.

A company that operates qualified local buses is eligible for a full 
refund or credit only with respect to fuel used while such buses are 
operating as qualified local buses. For example, a company that operates 
its buses along subsidized intracity routes and also on intercity or 
unsubsidized intracity routes may obtain a full refund or credit only 
with respect to fuel used while operating the subsidized intracity 
routes.
    (b) Meaning of terms--(1) Contract with a State or local government. 
A bus is under contract with a State or local government only if the 
contract imposes a bona fide obligation on the operator of the bus to 
furnish the transportation to which the contract relates.
    (2) More than a nominal subsidy. A subsidy is more than nominal if 
the subsidy is reasonably expected to exceed an amount equal to 3 cents 
multiplied by the number of gallons of fuel used while operating on 
subsidized routes.
    (3) Intracity passenger land transportation. The term ``intracity 
passenger land transportation'' means the land transportation of 
passengers to and from points located within the same metropolitan area. 
The term includes transportation along routes that cross State, city or 
county boundaries provided such routes remain within the metropolitan 
area.

[T.D. 8027, 50 FR 21252, May 23, 1985]





Sec. 48.6427-8  Claims by ultimate purchasers with respect to diesel fuel taxed after December 31, 1993.

    (a) Overview. This section provides the rules for obtaining a credit 
or payment with respect to undyed diesel fuel that was taxed after 
December 31, 1993, and that was used in a nontaxable use (other than on 
a farm for farming purposes or by a State). A credit or payment for 
undyed diesel fuel used on a farm for farming purposes or by a State is 
allowable only to a registered

[[Page 254]]

ultimate vendor under the rules of Sec. 48.6427-9.
    (b) Conditions to allowance of credit or payment--(1) In general. 
Except as provided in section 6427(l)(5), a claim for credit or payment 
with respect to diesel fuel is allowable under section 6427(l) only if--
    (i) Tax was imposed by section 4081 on the diesel fuel to which the 
claim relates;
    (ii) The claimant produced or bought the fuel and did not resell it 
in the United States;
    (iii) The claimant has filed a timely claim for a credit or payment 
that contains the information required under paragraph (d) of this 
section;
    (iv) The fuel was not bought under a certificate described in 
Sec. 48.6427-9(e)(2) (relating to certificate of farmer or State to 
support claim of ultimate vendor);
    (v) The fuel was not used on a farm for farming purposes (as defined 
in Sec. 48.6420-4) or by a State; and
    (vi) The fuel was either--
    (A) Used in a use described in Sec. 48.4082-4 (c)(3) through 
(c)(10);
    (B) Exported;
    (C) Used other than as a fuel in a propulsion engine of a diesel-
powered highway vehicle or diesel-powered boat;
    (D) Used as a fuel in a propulsion engine of a diesel-powered train; 
or
    (E) Used as a fuel in the propulsion engine of a diesel-powered bus 
if the bus was used in a use described in section 6427(b)(1) (after the 
application of section 6427(b)(3)).
    (2) Examples. The following examples illustrate this paragraph (b).

    Example 1. (i) In September 1996, F bought 250 gallons of undyed 
diesel fuel. In October 1996, F used 200 gallons of the fuel in a farm 
tractor. This use qualifies as use on a farm for farming purposes (as 
defined in Sec. 48.6420-4). The farm tractor is not a diesel-powered 
highway vehicle (as defined in Sec. 48.4081-1(h)). F used the remaining 
50 gallons to heat F's residence. F filed a complete and timely claim 
for a credit relating to the 250 gallons.
    (ii) A credit or payment is not allowable to F with respect to the 
200 gallons of diesel fuel used in the farm tractor. Even though this 
fuel was used other than as a fuel in a propulsion engine of a diesel-
powered highway vehicle (thus meeting the condition in paragraph 
(b)(1)(vi)(C) of this section), the condition in paragraph (b)(1)(v) of 
this section is not satisfied because the fuel was used on a farm for 
farming purposes.
    (iii) A credit is allowable to F with respect to the 50 gallons F 
used for heating purposes because the conditions in paragraph (b)(1) of 
this section have been met. F used this fuel other than as a fuel in a 
propulsion engine of a diesel-powered highway vehicle and the use of the 
fuel for residential heating is not use on a farm for farming purposes.
    Example 2. (i) In September 1996, W, a wholesale distributor, sold 
3,500 gallons of diesel fuel on which tax has been imposed to C, a 
construction company located in the United States. W's selling price to 
C did not include an amount equal to the federal excise tax on the fuel. 
C used the fuel other than as a fuel in a propulsion engine of a diesel-
powered highway vehicle or diesel-powered boat. Both W and C file a 
complete and timely claim for a credit relating to the fuel.
    (ii) Because W resold the fuel in the United States, the condition 
of paragraph (b)(1)(ii) of this section is not met. Thus, W is not 
allowed a credit or payment with respect to the fuel.
    (iii) C is eligible for a credit or payment with respect to the fuel 
because the conditions to allowance in paragraph (b)(1) of this section 
have been met. The conditions to allowance do not include a requirement 
that C buy the fuel at a price that includes the amount of the tax.

    (c) Form of claim. Each claim for an income tax credit under this 
section must be made on Form 4136 (or on such other form as the 
Commissioner may designate) in accordance with the instructions for that 
form. Each claim for a payment under this section must be made on Form 
8849 (or on such other form as the Commissioner may designate) in 
accordance with the instructions for that form.
    (d) Content of claim. Each claim for a credit or payment under this 
section must contain the following information with respect to all the 
diesel fuel covered by the claim:
    (1) The total number of gallons covered by the claim.
    (2) A statement by the claimant that tax has been imposed on the 
diesel fuel covered by the claim.
    (3) The use made of the diesel fuel covered by the claim described 
by reference to specific categories listed in paragraph (b)(1)(vi) of 
this section (such as use in a boat employed in commercial fishing or 
the exclusive use of a nonprofit educational organization).
    (4) If the diesel fuel covered by the claim was exported, a 
declaration that

[[Page 255]]

the claimant has proof of exportation (as described in Sec. 48.4221-
3(d)(1)).
    (5) A declaration that the claimant has in its possession the name 
and address of the person(s) that sold the diesel fuel to the claimant 
and the date(s) of the purchase(s).
    (e) Time and place for filing claim. For rules relating to the time 
for filing a claim under section 6427, see section 6427(i). A claim 
under this section is not filed unless it contains all the information 
required by paragraph (d) of this section and is filed at the place 
required by the form.
    (f) Effective date. This section is effective January 1, 1994, 
except for paragraph (b)(1)(v) of this section, which is effective for 
diesel fuel bought by ultimate purchasers after June 30, 1994.

[T.D. 8659, 61 FR 10464, Mar. 14, 1996]





Sec. 48.6427-9  Claims by registered ultimate vendors with respect to diesel fuel taxed after December 31, 1993.

    (a) Overview. This section provides the rules for obtaining a credit 
or payment with respect to undyed diesel fuel that was taxed after 
December 31, 1993, and that was used on a farm for farming purposes or 
by a State.
    (b) Definitions. (1) An ultimate vendor, as used in this section, is 
a person that sells undyed diesel fuel to--
    (i) The owner, tenant, or operator of a farm for use by such person 
on a farm for farming purposes (as defined in Sec. 48.6420-4);
    (ii) A person other than the owner, tenant, or operator of a farm 
for use by such person for any of the purposes described in 
Sec. 48.6420-4(d) (relating to cultivating, raising, or harvesting); or
    (iii) Any State for its exclusive use.
    (2) A registered ultimate vendor is--
    (i) An ultimate vendor that is registered under section 4101 as an 
ultimate vendor; or
    (ii) With respect to a claim filed before January 1, 1995, an 
ultimate vendor that is registered as a producer of diesel fuel on 
December 31, 1993, if the registration has not been revoked or 
suspended.
    (c) Conditions to allowance of credit or payment. A claim for a 
credit or payment with respect to diesel fuel is allowable under section 
6427(l)(5) only if--
    (1) Tax was imposed by section 4081 on the diesel fuel to which the 
claim relates;
    (2) The claimant sold the diesel fuel to--
    (i) The owner, tenant, or operator of a farm for use by such person 
on a farm for farming purposes (as defined in Sec. 48.6420-4);
    (ii) A person other than the owner, tenant, or operator of a farm 
for use by such person for any of the purposes described in 
Sec. 48.6420-4(d) (relating to cultivating, raising, or harvesting); or
    (iii) Any State for its exclusive use;
    (3) The claimant is a registered ultimate vendor; and
    (4) The claimant has filed a timely claim for a credit or payment 
that contains the information required under paragraph (e) of this 
section.
    (d) Form of claim. Each claim for an income tax credit under this 
section must be made on Form 4136 (or on such other form as the 
Commissioner may designate) in accordance with the instructions for that 
form. Each claim for a payment under this section must be made on Form 
8849 (or on such other form as the Commissioner may designate) in 
accordance with the instructions for that form.
    (e) Content of claim--(1) In general. Each claim for credit or 
payment under this section must contain the following information with 
respect to all the diesel fuel covered by the claim:
    (i) The total number of gallons covered by the claim.
    (ii) A statement by the claimant that tax has been imposed on the 
diesel fuel covered by the claim.
    (iii) The claimant's registration number.
    (iv) The name and taxpayer identification number of each person that 
bought diesel fuel from the claimant in a transaction described in 
paragraph (c)(2) of this section and the number of gallons that the 
claimant sold to that person.
    (v) A statement that the claimant--
    (A) Has not included the amount of the tax in its sales price of the 
diesel fuel and has not collected the amount of tax from its buyer;
    (B) Has repaid the amount of the tax to the ultimate purchaser of 
the fuel; or

[[Page 256]]

    (C) Has obtained the written consent of its buyer to the allowance 
of the claim.
    (vi) For claims relating to sales by the claimant after March 31, 
1994, a statement that the claimant has in its possession an unexpired 
certificate described in paragraph (e)(2) of this section and the 
claimant has no reason to believe any information in the certificate is 
false.
    (vii) For claims relating to sales by the claimant before April 1, 
1994, either the statement described in paragraph (e)(1)(vi) of this 
section or a statement that--
    (A) The claimant has in its possession an unexpired exemption 
certificate relating to tax-free sales of diesel fuel for use on a farm 
for farming purposes or for the exclusive use of a State;
    (B) The certificate was received from the buyer before January 1, 
1994; and
    (C) The claimant has no reason to believe any information in the 
certificate is false.
    (2) Certificate--(i) In general. The certificate to be provided to 
the ultimate vendor consists of a statement that is signed under 
penalties of perjury by a person with authority to bind the buyer, is in 
substantially the same form as the model certificate provided in 
paragraph (e)(2)(ii) of this section, and contains all information 
necessary to complete such model certificate. A new certificate must be 
given if any information in the current certificate changes. The 
certificate may be included as part of any business records normally 
used to document a sale. The certificate expires on the earlier of the 
following dates:
    (A) The date one year after the effective date of the certificate.
    (B) The date a new certificate is provided to the seller.
    (ii) Model certificate.

                 Certificate of Farming Use or State Use

    (To support vendor's claim for a credit or payment under section 
6427 of the Internal Revenue Code.)
_______________________________________________________________________

_______________________________________________________________________

Name, address, and employer identification number of vendor

    The undersigned buyer (``Buyer'') hereby certifies the following 
under penalties of perjury:
    Buyer will use the diesel fuel to which this certificate relates--
(check one)

______ On a farm for farming purposes (as defined in Sec. 48.6420-4(c) 
of the Manufacturers and Retailers Excise Tax Regulations) and Buyer is 
the owner, tenant, or operator of the farm on which the fuel will be 
used;
______ On a farm (as defined in Sec. 48.6420-4(c)) for any of the 
purposes described in paragraph (d) of that section (relating to 
cultivating, raising, or harvesting) and Buyer is a person that is not 
the owner, tenant, or operator of the farm on which the fuel will be 
used; or
______ For the exclusive use of a State or local government, or the 
District of Columbia.

    This certificate applies to the following (complete as applicable):
    If this is a single purchase certificate, check here ______ and 
enter:
    1. Invoice or delivery ticket number ______
    2. ______ (number of gallons)
    If this is a certificate covering all purchases under a specified 
account or order number, check here ______ and enter:
    1. Effective date ______
    2. Expiration date ______ (period not to exceed 1 year after the 
effective date)
    3. Buyer account or order number ______
    Buyer will provide a new certificate to the vendor if any 
information in this certificate changes.
    If Buyer uses the diesel fuel to which this certificate relates for 
a purpose other than stated in the certificate Buyer will be liable for 
tax.
    Buyer understands that the fraudulent use of this certificate may 
subject Buyer and all parties making such fraudulent use of this 
certificate to a fine or imprisonment, or both, together with the costs 
of prosecution.

_______________________________________________________________________
Printed or typed name of person signing

_______________________________________________________________________
Title of person signing

_______________________________________________________________________
Name of Buyer

_______________________________________________________________________
Employer identification number

_______________________________________________________________________
Address of Buyer

_______________________________________________________________________
Signature and date signed

    (f) Time and place for filing claim. For rules relating to the time 
for filing a claim under section 6427, see section 6427(i). A claim 
under this section is not filed unless it contains all the information 
required by paragraph (e) of

[[Page 257]]

this section and is filed at the place required by the form.
    (g) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10464, Mar. 14, 1996]





Sec. 48.6715-1  Penalty for misuse of dyed diesel fuel.

    (a) In general. If any person willfully alters, or attempts to 
alter, the strength or composition of any dye or marking done pursuant 
to Sec. 48.4082-1 in any dyed fuel, then section 6715(a)(3) provides 
that such person shall pay a penalty in addition to any tax. The penalty 
imposed by section 6715(a)(3) will not apply in the following cases:
    (1) Diesel fuel that satisfies the dyeing and marking requirements 
of Sec. 48.4082-1 (b) and (c) is blended with any undyed liquid and the 
resulting product satisfies the dyeing and marking requirements of 
Sec. 48.4082-1 (b) and (c).
    (2) Diesel fuel that satisfies the dyeing and marking requirements 
of Sec. 48.4082-1 (b) and (c) is blended with any other liquid (other 
than diesel fuel) that contains the type and amount of dye and marker 
required for diesel fuel dyed and marked in accordance with 
Sec. 48.4082-1 (b) and (c).
    (3) Diesel fuel that is dyed one color in accordance with 
Sec. 48.4082-1(b) is blended with diesel fuel that is dyed another color 
in accordance with Sec. 48.4082-1(b).
    (4) Diesel fuel that does not satisfy the dyeing and marking 
requirements of Sec. 48.4082-1 (b) and (c) is blended with diesel fuel 
that satisfies the dyeing and marking requirements of Sec. 48.4082-1 (b) 
and (c) and the blending occurs as part of a use described in 
Sec. 48.4082-4(c) or Sec. 48.6427-8(b)(vi) (C), (D), or (E).
    (b) Effective date. This section is effective January 1, 1994.

[T.D. 8659, 61 FR 10465, Mar. 14, 1996, as amended by T.D. 8685, 61 FR 
58007, Nov. 12, 1996]





Sec. 48.6715-2T  Application of section 6715(a)(3) to Alaska (temporary).

    (a) In general. The penalty provided by section 6715(a)(3) for 
willful alteration of dyed fuel will not be assessed if the alteration 
occurs in an exempt area of Alaska.
    (b) Effective date. This section is applicable as of October 1, 
1996.

[T.D. 8693, 61 FR 66216, Dec. 17, 1996]



PART 49--FACILITIES AND SERVICES EXCISE TAXES--Table of Contents






                         Subpart A--Introduction

Sec.
49.0-1  Introduction.
49.0-2  General definitions and use of terms.

                          Subpart B--[Reserved]

                        Subpart C--Communications

49.4251-1  Imposition of tax.
49.4251-2  Rate and application of tax.
49.4251-3  Applicability of sections 4251 to 4254, inclusive.
49.4252-1  General telephone service.
49.4252-2  Toll telephone service.
49.4252-3  Telegraph service.
49.4252-4  Provisions common to telephone and telegraph services.
49.4252-5  Teletypewriter exchange service.
49.4252-6  Wire mileage service.
49.4252-7  Wire and equipment service.
49.4253-1  Exemption for certain coin-operated service.
49.4253-2  Exemption for news services.
49.4253-3  Exemption for certain organizations.
49.4253-4  Exemption for servicemen in combat zone.
49.4253-5  Exemption for items otherwise taxed.
49.4253-6  Exemption for common carriers and communications companies.
49.4253-7  Exemption for installation charges.
49.4253-8  Exemption for terminal facilities in case of wire mileage 
          service.
49.4253-9  Exemption for certain interior communication systems.
49.4253-10  Exemption for certain private communications services.
49.4253-11  Use and retention of exemption certificates.
49.4253-12  Cross reference.
49.4254-1  Computation of tax.
49.4254-2  Payment for toll telephone service or telegraph service in 
          coin-operated telephones.

                  Subpart D--Transportation of Persons

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.

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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  Seats and berths; rate and application of tax.
49.4261-10  By whom paid.
49.4262(a)-1  Taxable transportation.
49.4262(b)-1  Exclusion of certain travel.
49.4262(c)-1  Definitions.
49.4263-1  Commutation tickets.
49.4263-2  Charges not exceeding 60 cents.
49.4263-3  Transportation furnished to certain organizations.
49.4263-4  Members of the armed forces.
49.4263-5  Small aircraft on nonestablished lines.
49.4263-6  Exemptions applicable with respect to transportation begining 
          before November 16, 1962.
49.4264(a)-1  Duty to collect the tax; payments made outside the United 
          States.
49.4264(b)-1  Duty to collect the tax in the case of certain refunds.
49.4264(c)-1  Special rule for the payment of tax.
49.4264(d)-1  Cross reference.
49.4264(e)-1  Round trips.
49.4264(f)-1  Transportation outside the northern portion of the Western 
          Hemisphere.

                  Subpart E--Transportation of Property

49.4271-1  Tax on transportation of property by air.

        Subpart F--Collection of Tax by Persons Receiving Payment

49.4291-1  Persons receiving payment must collect tax.

    Authority: 26 U.S.C. 7805.



                         Subpart A--Introduction

    Source: T.D. 6430, 24 FR 9664, Dec. 3, 1959, unless otherwise noted.





Sec. 49.0-1  Introduction.

    The regulations in this part 49 are designated ``Facilities and 
Services Excise Taxes.'' The regulations relate to the taxes on 
communications and transportation by air imposed by chapter 33 of the 
Internal Revenue Code. See part 40 of this chapter for regulations 
relating to returns, payments, and deposits of taxes imposed by chapter 
33.

[T.D. 8448, 57 FR 48186, Oct. 22, 1992]





Sec. 49.0-2   General definitions and use of terms.

    As used in the regulations in this part, unless otherwise expressly 
indicated:
    (a) The terms defined in the provisions of law contained in the 
regulations in this part shall have the meanings so assigned to them.
    (b) The Internal Revenue Code of 1954 means the Act approved August 
16, 1954 (68A Stat.), entitled ``An Act to revise the internal revenue 
laws of the United States'', as amended.
    (c) District director means district director of internal revenue. 
The term also includes the Director of International Operations in all 
cases where the authority to perform the functions which may be 
performed by a district director has been delegated to the Director of 
International Operations.
    (d) Calendar quarter means a period of 3 calendar months ending on 
March 31, June 30, September 30, or December 31.



                          Subpart B--[Reserved]



                        Subpart C--Communications

    Source: T.D. 6664, 28 FR 7252, July 16, 1963, unless otherwise 
noted.





Sec. 49.4251-1   Imposition of tax.

    (a) In general. Section 4251 imposes a tax on amounts paid for 
general telephone service; toll telephone service; telegraph service; 
teletypewriter exchange service; wire mileage service; and wire and 
equipment service. See Sec. 49.4251-2 for rate and application of tax.
    (b) Termination of tax on general telephone service. (1) Except as 
otherwise provided in subparagraph (2) of this paragraph, no tax is 
imposed on amounts paid on or after July 1, 1965, for general telephone 
service rendered on or after such date.
    (2) In the case of amounts paid pursuant to bills rendered on or 
after July 1, 1965, for general telephone service for which no previous 
bill was rendered, no tax is imposed on that portion of the amount paid 
pursuant to such bill or bills as is attributable to general telephone 
service rendered subsequent to April 30, 1965. However, the tax applies

[[Page 259]]

to that portion of the amount paid pursuant to any such bill or bills as 
is attributable to general telephone service rendered prior to May 1, 
1965. The tax also applies to amounts paid for general telephone service 
pursuant to bills rendered before July 1, 1965, without regard to when 
the payment is made or the service is rendered.

[T.D. 6664, 28 FR 7252, July 16, 1963, as amended by T.D. 6694, 28 FR 
12929, Dec. 5, 1963; T.D. 6753; 29 FR 12718, Sept. 9, 1964]





Sec. 49.4251-2  Rate and application of tax.

    (a) Rate of tax. Tax is imposed on amounts paid for each of the 
following services rendered at the rate specified below:

                                                                        
                                                                Rate of 
                       Taxable service                            tax   
                                                               (percent)
                                                                        
General telephone service...................................          10
Toll telephone service......................................          10
Telegraph service...........................................          10
Teletypewriter exchange service.............................          10
Wire mileage service........................................          10
Wire and equipment service..................................           8
                                                                        

    (b) Amounts paid. The term ``amounts paid'' means the amounts 
collected for the communication services specified in paragraph (a) of 
this section, without regard to whether the charge therefor is paid or 
satisfied in money, service, or other valuable consideration. For 
additional provisions relating to the term ``amounts paid'' see the 
section of the regulations relating to the particular taxable service 
listed in paragraph (a) of this section.
    (c) Liability for, and return of, tax. The taxes imposed by section 
4251 are payable by the person paying for the services rendered, and 
must be paid to the person rendering the services who is required to 
collect the tax and return and pay over the tax.

[T.D. 6664, 28 FR 7252, July 16, 1963, as amended by T.D. 8442, 57 FR 
48186, Oct. 22, 1992]





Sec. 49.4251-3   Applicability of sections 4251 to 4254, inclusive.

    Except as otherwise provided in this section, the applicability of 
sections 4251 to 4254, inclusive, as amended and in effect on January 1, 
1959, and the regulations in this subpart extends only to amounts paid 
on or after January 1, 1959, for services rendered on or after such 
date. In the case of amounts paid pursuant to bills rendered on or after 
January 1, 1959, for services for which no previous bill was rendered, 
the sections of law and regulations referred to in the preceding 
sentence are applicable in respect of that portion of the amount paid 
pursuant to such bill or bills as is attributable to services rendered 
subsequent to October 31, 1958. For regulations applicable with respect 
to amounts paid for services rendered prior to November 1, 1958, and 
amounts paid for services rendered after October 31, 1958, for which a 
bill was rendered prior to January 1, 1959, see Part 42 of this chapter. 
See also Secs. 49.0-3 and 49.0-4, relating to the scope of the 
regulations and the extent to which prior regulations are superseded.





Sec. 49.4252-1   General telephone service.

    (a) In general. The term ``general telephone service'' means any 
telephone or radio telephone service furnished in connection with any 
fixed or mobile telephone or radio telephone station which may be 
connected, directly or indirectly, to an exchange operated by a person 
engaged in the business of furnishing communication service, if by means 
of such connection communication may be established with any other fixed 
or mobile telephone or radio telephone station. Such term includes 
generally the ordinary residential and business or commercial telephone 
service within a local service area, and includes all types of such 
service, such as individual line and party line telephones, and 
extension telephones. Where, in addition to the basic periodic charge 
for such telephone service within the local service area, there are 
additional charges, for example, for calls in excess of a certain number 
or for calls between certain points within the same local service area, 
the telephone service for which such additional charges are made is 
included within the term ``general telephone service''. These additional 
charges for services within a local service area, generally referred to 
as ``message units'', are not considered to be ``toll charges''. General 
telephone service, however, is not limited to service furnished within a 
local service area. Except as otherwise provided in this

[[Page 260]]

paragraph, the term includes any service furnished which is telephonic 
in nature, regardless of the commercial or other name or term by which 
such service may be known or designated, if the fixed or mobile 
telephone or radio telephone station used in conjunction with such 
service may be connected (directly or indirectly) to an exchange whether 
located within or without the local service area operated by a person 
engaged in the business of furnishing communication service, and if by 
means of such connection communication may be established with any other 
fixed or mobile telephone or radio telephone station. If the described 
facilities may be connected to such an exchange, the service constitutes 
general telephone service whether or not it is the practice of the 
subscriber to the service to make such connection, and whether or not 
the person engaged in the business of furnishing communication service 
permits the subscriber to make such connection. General telephone 
service also includes the use of any private branch exchange (and any 
fixed or mobile telephone or radio telephone station connected, directly 
or indirectly, with a private branch exchange), and any tie line or 
extension line (including an off-premise extension line), which may be 
connected, directly or indirectly, to an exchange operated by a person 
engaged in the business of furnishing communication service, if by means 
of such connection communication may be established with any other fixed 
or mobile telephone or radio telephone station. However, the term does 
not include any service which is toll telephone service or wire and 
equipment service. For the definition of the term ``toll charge'', see 
paragraph (a) of Sec. 49.4252-2. For provisions relating to coin-
operated telephones, see section 4253(a) and Sec. 49.4253-1.
    (b) Amounts paid. For purposes of the tax in respect of general 
telephone service, the term ``amounts paid'' means the amounts collected 
for the service, whether the charge is made on a monthly or other 
periodic basis, or is based on the number of calls made, or is in the 
form of an assessment as in the case of a mutual telephone system. Where 
a basic periodic charge is made for the service, with additional charges 
for all calls or additional calls above a certain number, the additional 
charges are also subject to the tax. Other rules relating to amounts 
paid are as follows:
    (1) Where the charge for telephone service includes an additional 
charge for not making payment within a specified time, the total amount 
paid including the additional charge is the basis for computing the 
amount of tax due. Similarly, where a discount is allowed for the 
payment within a specified time of a charge for service rendered, the 
tax is to be computed on the amount actually paid.
    (2) Assessments or charges paid by members or subscribers of a 
mutual or cooperative telephone company, association, or system for 
switching services, or for the repair or replacement of instruments, 
poles, wires, equipment, etc., incidental to ordinary maintenance, are 
subject to the tax.
    (3) All amounts paid by subscribers for private branch exchange 
service, for the use of switchboard, switching, and other telephone 
equipment, for the use of trunk line facilities, for tie lines 
connecting private branch exchanges, and for any extension line, are 
subject to the tax on general telephone service.
    (4) The tax attaches to the total charge made to a hotel or similar 
subscriber for general telephone service furnished to the hotel or its 
guests, but no tax attaches to any charge made by the hotel for service 
rendered in placing the calls for its guests.
    (5) In cases where a person leases lines or channels, equipment, and 
other facilities used in conjunction with general telephone service, the 
amounts paid by such person for such lines or channels, equipment, and 
other facilities constitute amounts paid for general telephone service, 
notwithstanding the fact that the lines or channels, equipment, and 
other facilities used in conjunction with such service are supplied by 
different persons or in part by the user of such service.
    (c) Cross reference. For other provisions relating to general 
telephone service, see Sec. 49.4252-4.

[[Page 261]]





Sec. 49.4252-2   Toll telephone service.

    (a) In general. The term ``toll telephone service'' means any 
telephone or radio telephone message or conversation for which there is 
a toll charge, and the charge is paid within the United States. A toll 
charge is a charge made for such a message or conversation to a place 
beyond the local service area. For the meaning of the term ``United 
States'', see paragraph (d) of Sec. 49.4252-4.
    (b) Amounts paid. (1) The tax in respect of toll telephone service 
is imposed on the total amount paid for the service, including any 
charge, in addition to the basic toll charge, made for ``overtime'' in 
connection with a telephone or radio telephone message or conversation.
    (2) The tax attaches to the total charge made to a hotel or similar 
subscriber for toll telephone service furnished to the hotel or its 
guests, but no tax attaches to any charge made by the hotel for service 
rendered in placing the calls for its guests.
    (c) Cross reference. For provisions relating to toll telephone 
messages communicated through the use of coin-operated telephones, see 
section 4253(a) and Sec. 49.4253-1. For other provisions relating to 
toll telephone service, see Sec. 49.4252-4.





Sec. 49.4252-3   Telegraph service.

    (a) In general. The term ``telegraph service'' means a telegraph, 
cable, or radio dispatch or message for which the charge is paid within 
the United States. For the meaning of the term ``United States'', see 
paragraph (d) of Sec. 49.4252-4.
    (b) Amounts paid. A charge made for a telephone toll call used by a 
telegraph company in effecting delivery of a telegraph message shall be 
added to the basic charge for the transmission of the telegraph message 
for the purpose of determining the amount subject to tax. In such case, 
the telegraph company is not liable for tax on the amount paid by it to 
the telephone company for the toll call. A charge made for a telephone 
call which is used to reach a telegraph office for the purpose of 
sending a telegraph message should not be added to the basic charge for 
the transmission of the telegraph message, as the telegraph message is 
considered to begin at the telegraph office.
    (c) Cross reference. For provisions relating to telegraph messages 
communicated through the use of coin-operated telephones, see section 
4253(a) and Sec. 49.4253-1. For other provisions relating to telegraph 
service, see Sec. 49.4252-4.





Sec. 49.4252-4   Provisions common to telephone and telegraph services.

    (a) In general. The tax applies to all amounts paid for services 
rendered which are incidental to the transmission of a message or 
conversation. Where dispatches, messages, or conversations are 
transmitted by telephone, radio telephone, telegraph, cable, or radio 
free of any charge whatsoever, no tax attaches, but where the carrier in 
fact makes some charge for the transmission, either in money, service, 
or other valuable consideration, such charge is subject to the tax upon 
the basis of the amount of the charge computed in money or money's 
worth. The tax is payable by the person paying the transmission charge 
and is to be collected by the person receiving the payment. If a 
message, dispatch, or conversation is transmitted ``collect'', the 
person who pays the charge therefor is liable for the tax. All telephone 
and telegraph transmission services when rendered for hire are subject 
to tax whether or not the agency furnishing such services is a common 
carrier. For provisions relating to the computation of tax with respect 
to charges for telephone and telegraph services, see section 4254 and 
Secs. 49.4254-1 and 49.4254-2.
    (b) When transmission begins and ends. Transmission begins when the 
message is delivered by the sender to the carrier, or its agent, and 
continues until receipt by the addressee or his agent. Thus, an amount 
paid to a telephone, telegraph, radio, or cable company for messenger 
service in bringing the recipient of a message to the telephone, or in 
delivering a dispatch or message, must be included in determining the 
total amount subject to tax. However, an amount paid for messenger 
service rendered by a hotel or similar establishment is not to be 
included in the

[[Page 262]]

total charge on which the tax is computed.
    (c) Services rendered under contract. (1) Except as an exemption may 
otherwise be specifically provided for in this part, where, under the 
provisions of a contract, dispatches, messages, or conversations are 
transmitted by telephone, radio telephone, telegraph, cable, or radio in 
consideration of the payment of a lump sum of money or the performance 
of services, the amounts paid for such transmissions are subject to tax 
regardless of whether such dispatches, messages, or conversations relate 
to the operation of the business of a common carrier and whether they 
are ``on line'' or ``off line''.
    (2) Where a telegraph company agrees to transmit over its wires 
dispatches or messages relating to the business of a carrier free or at 
reduced rates in consideration of services to be performed by the 
carrier in transporting men or materials of the telegraph company, all 
such dispatches or messages are subject to tax.
    (d) Meaning of the term ``United States''. For purpose of section 
4252 (b) and (c), the term ``United States'' includes the States and the 
District of Columbia. Such term also includes inland waters (such as 
rivers, lakes, bays, etc.) lying wholly within the United States, and, 
where an international boundary line divides inland waters, such parts 
of such inland waters as lie within the boundary of the United States, 
and also the waters known as a marine league from low tide on the coast 
line. Ships within these limits whether of foreign or domestic registry 
are considered to be within the United States.
    (e) Exemptions. For exemptions from the taxes imposed on amounts 
paid for telephone and telegraph services, see sections 4253, 4292, 
4293, and 4294, and the regulations thereunder contained in this part.





Sec. 49.4252-5   Teletypewriter exchange service.

    (a) In general. The term ``teletypewriter exchange service'' means 
any service where a teletypewriter (or similar device) may be connected, 
directly or indirectly, to an exchange operated by a person engaged in 
the business of furnishing communication service, if by means of such 
connection communication may be established with any other 
teletypewriter (or similar device). If the teletypewriter or similar 
device used in conjunction with such service may be connected to such an 
exchange, the service constitutes teletypewriter exchange service 
whether or not it is the practice of the subscriber to the service to 
make such connection, and whether or not the person engaged in the 
business of furnishing communication service permits the subscriber to 
make such connection.
    (b) Amounts paid. In determining the amount of tax due, the amount 
paid for the service shall include all charges made in connection with 
the furnishing of any teletypewriter exchange service, such as salaries 
of operators, if in the employ of the person furnishing such service, 
charges for equipment, instruments, and other apparatus. In cases where 
a person leases lines or channels, equipment, and other facilities used 
in conjunction with teletypewriter exchange service, the amounts paid by 
such person for such lines or channels, equipment, and other facilities 
constitute amounts paid for teletypewriter exchange service, 
notwithstanding the fact that the lines or channels, equipment, and 
other facilities used in conjunction with such service are supplied by 
different persons or in part by the user of such service.
    (c) Exemptions. For exemptions from the tax imposed on amounts paid 
for teletypewriter exchange service, see sections 4253, 4292, 4293, and 
4294, and the regulations thereunder contained in this part.





Sec. 49.4252-6   Wire mileage service.

    (a) In general. The meaning of the term ``wire mileage service'' 
differs depending upon the date on which the service is furnished. For 
services furnished on or after January 1, 1963, the term means any 
telephone or radiotelephone service not used in the conduct of a trade 
or business, and any other wire or radio circuit service not used in the 
conduct of a trade or business, which is not included in Secs. 49.4252-1 
through 49.4252-3, 49.4252-5, and 49.4252-7. The term ``trade or 
business''

[[Page 263]]

as used in this section includes activities of organizations which are 
conducted with no purpose of gain or profit. For services furnished 
before January 1, 1963, the term means any telephone or radiotelephone 
service, and any other wire or radio circuit service, which is not 
included in Secs. 49.4252-1 through 49.4252-3, 49.4252-5, and 49.4252-7. 
However, regardless of the date on which the service is furnished, any 
service which is exempt from tax for any reason specified in section 
4253 is not included in wire mileage service. In general, the term means 
(except as qualified by the preceding sentences of this paragraph) any 
telephone or radiotelephone service, and any other wire or radio circuit 
service, which may not be connected, directly or indirectly, to an 
exchange operated by a person engaged in the business of furnishing 
communication service. Wire mileage service ordinarily relates to 
private line or private channel service where lines or channels, 
equipment, and other facilities are furnished (usually but not 
necessarily, on a contractual basis) to enable users to communicate 
between specified locations continuously or for specified periods, as 
distinguished from the sending of single dispatches, messages, and 
conversations by telephone, radiotelephone, telegraph, cable, or radio, 
for which tolls are charged by the carrier. The communications may be 
telephonic or in code, or may be reproduced at the terminating end in 
the form of a typewritten page or tape, or picture facsimile. The term 
``wire mileage service'' does not include any service which is used 
exclusively in furnishing wire and equipment service.
    (b) Examples. The following are examples of wire mileage service 
(except that in the case of services furnished on or after January 1, 
1963, wire mileage service does not include any such services used in 
the conduct of a trade or business):

    (1) Channels and equipment for private telephone service,
    (2) Channels and equipment for private code service,
    (3) Channels and equipment for private teletypewriter or teleprinter 
service,
    (4) Channels and equipment for program transmission, and
    (5) Channels and equipment for photograph, picture or facsimile 
transmission, etc.

    (c) Amounts paid. In determining the amount of tax due, the amount 
paid for the service shall include all charges made in connection with 
the furnishing of any wire mileage service, such as salaries of 
operators, if in the employ of the person furnishing such service, 
charges for equipment, instruments, and other apparatus other than 
station terminal equipment. In cases where a person leases lines or 
channels, equipment, and other facilities used in conjunction with wire 
mileage service, the amounts paid by such person for such lines or 
channels, equipment, and other facilities constitute amounts paid for 
wire mileage service, notwithstanding the fact that the lines or 
channels, equipment, and other facilities used in conjunction with such 
service are supplied by different persons or in part by the user of such 
service.
    (d) Exemptions. For exemptions from the tax imposed on amounts paid 
for wire mileage service, see sections 4253, 4292, 4293, and 4294, and 
the regulations thereunder contained in this part.





Sec. 49.4252-7   Wire and equipment service.

    (a) In general. The term ``wire and equipment service'' includes 
stock quotation and information services, burglar alarm or fire alarm 
service, and all other similar services (whether or not oral 
transmission is involved). In general, the term relates to wire lines or 
channels and equipment by means of which information or services are 
furnished to the subscriber. The phrase ``all other similar services'' 
includes innovations in the wire and equipment field. The term does not 
include teletypewriter exchange service or any service furnished by any 
means other than wire communication. Tax is imposed on the amounts paid 
for such wire lines or channels, equipment, and information or services.
    (b) Examples. The following are examples of wire and equipment 
service:

    (1) Burglar, fire, or other alarm service where the service consists 
of wire lines or channels furnished between a remote point and the 
subscriber's premises, or a police or fire station, or a central 
station, and over which a signal is transmitted in the case of illegal 
entry, fire, leakage, etc.
    (2) Wire lines or channels furnished between a point of origin and 
the subscriber's

[[Page 264]]

premises over which are given stock and bond market quotations and 
reports, racing results, baseball scores, and other sporting results, 
news items, musical programs, weather reports, the time, etc.
    (3) Metering services, including wire lines or channels and 
equipment, furnished between a remote point and the subscriber's 
premises, over which signals are transmitted so that the subscriber may 
obtain information as to a given condition at the remote point, such as 
water level, water pressure, gas pressure, etc.
    (4) Remote control wire lines or channels furnished between a remote 
point and the subscriber's premises over which signals are transmitted 
which will actuate an instrument at the remote point.

    (c) Amounts paid. In determining the amount of tax due, the amount 
paid for the service shall include all charges made in connection with 
the furnishing of any wire and equipment services, such as salaries of 
operators, if in the employ of the person furnishing such service, 
charges for equipment, instruments, and other apparatus. Where the 
service rendered includes the furnishing of information or programs such 
as stock market quotations, baseball scores, racing results, weather 
reports, or musical programs, etc., any amounts charged for information 
or programs furnished shall also be included, whether or not individual 
items are charged or billed separately. In cases where a person leases 
lines or channels, equipment, and other facilities used in conjunction 
with wire and equipment service, the amounts paid by such person for 
such lines or channels, equipment, and other facilities constitute 
amounts paid for wire and equipment service, notwithstanding the fact 
that the lines or channels, equipment, and other facilities used in 
conjunction with such service are supplied by different persons or in 
part by the user of such service.
    (d) Relationship to wire mileage service. The tax on wire mileage 
service does not apply in respect of any service which is used 
exclusively in furnishing wire and equipment service. See Sec. 49.4252-
6.
    (e) Exemptions. For exemptions from the tax imposed on amounts paid 
for wire and equipment service, see sections 4253, 4292, 4293, and 4294, 
and the regulations thereunder contained in this part.





Sec. 49.4253-1   Exemption for certain coin-operated service.

    (a) In general. Except as provided in paragraph (b) of this section, 
the tax imposed on amounts paid for general telephone service is not 
applicable to a single telephone conversation paid for by inserting 
coins in a public coin-operated telephone. The tax imposed on amounts 
paid for toll telephone service or telegraph service is not applicable 
to a single telephone conversation for which a tool charge is made (see 
paragraph (a) of Sec. 49.4252-2), or to a telegraph message, if the 
charge for such toll telephone service (including any additional charge 
for overtime) or telegraph service is less than 25 cents and is paid for 
by inserting coins in a public coin-operated telephone.
    (b) Exception where service furnished for a guaranteed amount. Where 
a coin-operated telephone service is furnished for a guaranteed amount, 
the amount paid under such guarantee plus any fixed monthly or other 
periodic charge is subject to the tax imposed on amounts paid for 
general telephone service. The tax applies to the full amount of the 
guarantee whether such amount is paid out of receipts from the coin-box 
of the telephone or from funds of the subscriber.





Sec. 49.4253-2   Exemption for news services.

    (a) In general. The exemption for news services provided by section 
4253(b) is applicable to payments for services of the kind listed in 
section 4251, except general telephone service. The exemption will apply 
only with respect to payments for services which are utilized 
exclusively:
    (1) In the collection of news for the public press or radio or 
television broadcasting or in the dissemination of news through the 
public press or by means of radio or television broadcasting; or
    (2) In the collection or dissemination of news by a news ticker 
service furnishing a general news service similar to that of the public 
press.

For the exemption to apply, the charge for the services must be billed 
in writing to the person paying for the services and such person must 
certify in

[[Page 265]]

writing that the services are so utilized.
    (b) Scope of the exemption. (1) The exemption applies to amounts 
charged for messages from any newspaper, press association, radio or 
television news broadcasting agency, or news ticker service, to any 
other newspaper, press association, radio or television news 
broadcasting agency, or news ticker service or to or from their bona 
fide correspondents, which messages deal exclusively with the collection 
of news items for, or the dissemination of news items through, the 
public press, radio or television broadcasting, or a news ticker service 
furnishing a general news service similar to that of the public press. 
The exemption does not extend to messages of an administrative nature 
such as messages transmitting funds to correspondents, messages to 
correspondents relating to assignments or hotel accommodations, etc.
    (2) The exemption does not extend to the collection and 
dissemination of information or matters for publication in magazines, 
periodicals, and trade and scientific publications issued to supply 
information on certain subjects of interest to particular groups; or to 
amounts paid by newspapers, press associations, radio or television news 
broadcasting agencies or networks, or news ticker services, for general 
telephone service taxable under section 4251.





Sec. 49.4253-3   Exemption for certain organizations.

    (a) The American National Red Cross. The taxes imposed by section 
4251 do not apply to amounts paid for services furnished to the American 
National Red Cross.
    (b) International organizations. The taxes imposed by section 4251 
do not apply to amounts paid for services furnished to an international 
organization. See section 7701(a) (18) for the definition of 
``international organization''. An international organization is 
designated as such by the President of the United States through an 
Executive order or orders. When an organization has been designated by 
the President as entitled to enjoy the privileges, exemptions, and 
immunities conferred by the International Organizations Immunities Act, 
or part thereof, including exemption from tax, the exemption applies to 
the taxes imposed by section 4251 on amounts paid for services unless 
the President otherwise provides. The exemptions is subject to 
withdrawal or revocation by the President. In case of withdrawal or 
revocation, unless otherwise provided by the President, the exemption is 
inapplicable to payments made on or after the date of issuance of the 
order of withdrawal or the date of revocation.
    (c) Exemption certificate. (1) No exemption certificate is required 
under this section where the payment for the services furnished is made 
by the American National Red Cross direct to the person furnishing the 
services. In all other cases the right to exemption under section 
4253(c) shall be evidenced by properly executed exemption certificates 
in substantially the following form:

                        Exemption of Certificate

                                      (Date) ____________________ 19____
I certify that ----------------------___________________________________
                                                       (Name of service)
have been furnished by__________________________________________________
                                    (Telephone, telegraph company, etc.)
to ____________________ (International Organization, etc.); that the 
charges of $______ will be paid from ____________________ (International 
Organization, etc.) funds; and that the charges are exempt from tax 
under section 4253(c) of the Internal Revenue Code.
.......................................................................
                                      (Signature of officer or employee)
.......................................................................
                                                               (Address)
.......................................................................
                                                                 (Title)

    Note: Penalty for fraudulent use, $10,000 or imprisonment or both.





Sec. 49.4253-4   Exemption for servicemen in combat zone.

    (a) In general. The exemption provided by section 4253(d) is 
applicable to any payment received for any telephone or radio telephone 
message or call which originates within a combat zone, as defined in 
section 112, from a member of the Armed Forces of the United States 
performing service in such combat zone, if a properly executed 
certificate of exemption substantially in the form shown in paragraph 
(c) of this section is furnished to the person receiving such payment.

[[Page 266]]

    (b) Service in combat zone. Service is performed in a combat zone 
only if it is performed in an area which the President of the United 
States has designated by Executive order, for the purpose of section 
112, as an area in which Armed Forces of the United States are or have 
engaged in combat, and only if it is performed on or after the date 
designated by the President by Executive order as the date of the 
commencing of combatant activities in such zone and on or before the 
date designated by the President by Executive order as the date of the 
termination of combatant activities in such zone.
    (c) Exemption certificate. (1) The exemption certificate shall be in 
substantially the following form:

                          Exemption Certificate

                       (Overseas Telephone Calls)

                                        (Date) ____________________ 19__

  I certify that the toll charges of $__________
are for telephone or radio telephone messages originating at 
__________________________
                                                       (Point of origin)
within a combat zone from_______________________________________________
                                                                  (Name)
a member of the Armed Forces of the United States performing service in 
such combat zone; that the transmission facilities were furnished by 
____________________ (Name of carrier); and that the charges are exempt 
from tax under section 4253(d) of the Internal Revenue Code.
.......................................................................
                                               (Signature of subscriber)
.......................................................................
                                                               (Address)

    Note: Penalty for fraudulent use, $10,000 or imprisonment or both.

    (2) See Sec. 49.4253-11 for further provisions relating to exemption 
certificates.





Sec. 49.4253-5   Exemption for items otherwise taxed.

    A dispatch, message, or conversation transmitted by toll telephone, 
telegraph, or teletypewriter exchange over the combined facilities of 
several lines or stations of one or more persons is considered to be one 
dispatch, message, or conversation, and is subject to only one payment 
of tax under section 4251.





Sec. 49.4253-6   Exemption for common carriers and communications companies.

    (a) In general. (1) The taxes imposed by section 4251 on amounts 
paid for wire mileage service and wire and equipment service do not 
apply to amounts paid for any such services to the extent that the 
amounts paid are for services utilized by a common carrier, telephone or 
telegraph company, or television or radio broadcasting station or 
network in the conduct of its business as such.
    (2) The tax imposed by section 4251 on amounts paid for general 
telephone service does not apply to amounts paid for the use of a 
continuous telephone or radio telephone line or channel to the extent 
that the amounts paid are for use by a common carrier, telephone or 
telegraph company, or television or radio broadcasting station or 
network in the conduct of its business as such, if such line or channel 
connects stations between any two of which there would otherwise be a 
toll charge. A line or channel connects stations between which there 
would otherwise be a toll charge if the telephone company makes a toll 
charge for a single message transmitted between the two stations in the 
case of the ordinary residential and business or commercial telephone 
service. A line or channel connecting two stations is considered a 
continuous line or channel if such line or channel does not connect with 
any switchboard interposed between the two stations, which makes it 
possible to carry on two or more independent conversations 
simultaneously. Where a line or channel connects with such a 
switchboard, the exemption is inapplicable to so much of the amount paid 
as is attributable to the portion of the line or channel which extends 
from a station to a switchboard located in the same local service area.
    (b) Exemption inapplicable. This particular exemption is not 
applicable in the case of the taxes imposed on amounts paid for other 
services by section 4251, even though such services are utilized by the 
companies described in the conduct of their business as such.

[[Page 267]]





Sec. 49.4253-7   Exemption for installation charges.

    (a) In general. The taxes imposed by section 4251 do not apply to 
any amount paid as is properly attributable to the installation of any 
instrument, wire, pole, switchboard, apparatus, or equipment.
    (b) Maintenance charges subject to tax. The exemption provided by 
section 4253(g) and paragraph (a) of this section is applicable only to 
amounts paid for installation. Amounts paid for the repair or 
replacement of instruments, wires, poles, switchboards, apparatus, or 
equipment, incidental to ordinary maintenance, are subject to tax.





Sec. 49.4253-8   Exemption for terminal facilities in case of wire mileage service.

    The taxes imposed by section 4251 do not apply to so much of any 
amount paid for wire mileage service as is paid for, and properly 
attributable to, the use of any sending or receiving set or device which 
is station terminal equipment. In general, the term ``station terminal 
equipment'' refers to any sending or receiving set or device which is 
located at the terminals of a line or channel, and does not refer to any 
such set or device which is otherwise a part of such line or channel.





Sec. 49.4253-9   Exemption for certain interior communication systems.

    (a) In general. The taxes imposed by section 4251 do not apply to 
amounts paid for wire mileage service or wire and equipment service, if 
such service is rendered through the use of an interior communication 
system.
    (b) Interior communication system. The term ``interior communication 
system'' means any system:
    (1) No part of which is situated off the premises of the subscriber, 
and which may not be connected, directly or indirectly, with any 
communication system any part of which is situated off the premises of 
the subscriber; or
    (2) Which is situated exclusively in a vehicle of the subscriber and 
which is not connected with a communications system.
    (c) Examples. The following are examples of interior communication 
systems:

    (1) Burglar, fire, or other alarm service, where the service 
consists of lines or channels and equipment which are contained solely 
in the building of the subscriber, and by means of which an alarm is 
sounded in the building in the case of illegal entry, fire, leakage, 
etc.
    (2) Metering services, including lines or channels and equipment, 
furnished between two points which are located upon the subscriber's 
property, and which are not separated by property not owned or leased by 
the subscriber, over which signals are transmitted so that the 
subscriber may obtain information as to a given condition at one of the 
points, such as water level, water pressure, gas pressure, etc.





Sec. 49.4253-10   Exemption for certain private communications services.

    (a) In general. The tax imposed by section 4251 on amounts paid for 
general telephone service does not apply to amounts paid for any such 
service furnished on or after January 1, 1963, to the extent that the 
amounts paid are for use of any telephone or radio telephone line or 
channel (including equipment, instruments, and other apparatus furnished 
exclusively for use in connection with the line or channel) in the 
conduct of a trade or business when such line or channel is furnished 
between specified locations in different States or between specified 
locations in different counties, municipalities, or similar political 
subdivisions of a State. The term ``trade or business'' as used in this 
section includes activities of organizations which are conducted with no 
purpose of gain or profit. A line or channel is considered to be 
furnished between specified locations only when the line or channel 
connects preselected points without the use of switching functions 
performed by a communications company exchange. Where an amount is paid 
which includes a charge for such a line or channel and also a charge for 
the service provided by means of switching functions performed by a 
communications company exchange, the exemption is applicable only to 
that portion of the amount so paid as is attributable to such a line or 
channel. The preselected points must be located in different States or 
in different counties or municipalities of the same State. If the 
preselected points are located in a

[[Page 268]]

State in which the political subdivisions are not denominated as 
counties or municipalities, then the preselected points must be in 
different political subdivisions of such State which correspond to 
counties or municipalities. For purposes of this paragraph the term 
``municipality'' means the largest political subdivision of a State 
below the level of county or similar subdivision. For the exemption to 
apply, the charge for the service must be billed in writing to the 
person paying for the service and such person must certify in writing 
that the service is for use in the conduct of a trade or business.
    (b) Exemption inapplicable. This particular exemption is not 
applicable in the case of taxes imposed on amounts paid for other 
services by section 4251, even though such services are utilized in the 
conduct of a trade or business.





Sec. 49.4253-11   Use and retention of exemption certificates.

    A separate exemption certificate (as required by Secs. 49.4253-3 and 
49.4253-4) shall be furnished for each message paid for as a separate 
item, but where periodic payments are made, a blanket certificate (for a 
period not to exceed four calendar quarters) may be accepted as evidence 
of the right to exemption. An agent of a telegraph, telephone, radio, or 
cable company should not accept an exemption certificate unless 
satisfied, on the basis of proper credentials or otherwise, that the 
person who signed it is the person whom he represents himself to be and 
that the exemption claimed is allowable under the law. Exemption 
certificates should be retained with the record of the services rendered 
for inspection by internal revenue officers as provided in section 6001 
and the regulations in Subpart G of this part.





Sec. 49.4253-12   Cross reference.

    For exemptions applicable to amounts received as payment for 
services furnished to the government of any State or political 
subdivision of a State, to the District of Columbia, to the government 
of the United States, or to certain nonprofit educational organizations, 
see sections 4292, 4293, and 4294, and the regulations thereunder 
contained in Subpart F of this part.





Sec. 49.4254-1   Computation of tax.

    (a) General rule. Except as provided in paragraph (b) of this 
section, when a bill is rendered to the taxpayer covering charges for 
general telephone service, toll telephone service, or telegraph service, 
with respect to which a tax is imposed by section 4251, the amount upon 
which the tax with respect to such services shall be based shall be the 
sum of all such charges for such services included in the bill.
    (b) Special rule in certain cases. When a bill is rendered to the 
taxpayer covering charges for general telephone service, toll telephone 
service, or telegraph service, with respect to which a tax is imposed by 
section 4251, by a person who groups individual items for purposes of 
rendering the bill and computing the tax, then the amount on which the 
tax with respect to each such group shall be based shall be the sum of 
all items within that group, and the tax on remaining items not included 
in any such group shall be based on the charge for each item separately.





Sec. 49.4254-2   Payment for toll telephone service or telegraph service in coin-operated telephones.

    Where the tax on a toll telephone or radio telephone message or 
conversation, or a telegraph, cable, or radio dispatch or message is 
paid by inserting coins in a coin-operated telephone, the tax shall be 
computed to the nearest multiple of 5 cents, and where the tax is midway 
between multiples of 5 cents, the next highest multiple shall apply. In 
other words, one-half or a greater fraction of 5 cents shall be treated 
as 5 cents and a smaller fraction shall be ignored.



                  Subpart D--Transportation of Persons

    Source: T.D. 6430, 24 FR 9665, Dec. 3, 1959, unless otherwise noted.

    Note: For exemption from tax on transportation of persons by air of 
amounts paid by the Department of the Interior for fire prevention and 
control activities, see 32 FR 5457, April 1, 1967.

[[Page 269]]





Sec. 49.4261-1   Imposition of tax; in general.

    (a) Transportation beginning before November 16, 1962. Section 4261 
imposes a tax equal to 10 percent of the amount paid for taxable 
transportation of persons by rail, motor vehicle, water, or air which 
begins before November 16, 1962. For the definition of the term 
``taxable transportation'', see section 4262 and Secs. 49.4262(a)-1 and 
49.4262 (b)-1. The tax accrues at the time payment is made for the 
transportation, irrespective of when the transportation is furnished if 
the transportation actually begins before November 16, 1962.
    (b) Transportation beginning after November 15, 1962. Section 4261 
imposes a tax equal to 5 percent of the amount paid for the air portion 
of taxable transportation of persons which begins after November 15, 
1962, and before July 1, 1965. For definition of the term ``taxable 
transportation'', see section 4262 and Secs. 49.4262(a)-1 and 49.4262 
(b)-1. The tax accrues at the time payment is made for the 
transportation, irrespective of when the transportation is furnished if 
the transportation actually begins after November 15, 1962, and before 
July 1, 1965.
    (c) In general. The purpose of the transportation, whether business 
or pleasure, is immaterial. It is not necessary that the transportation 
be between two definite points. If not otherwise exempt, a payment for 
continuous transportation beginning and ending at the same point is 
subject to the tax. For the rate of tax with respect to amounts paid for 
seating and sleeping accommodations in connection with taxable 
transportation, see Sec. 49.4261-9.

[T.D. 6618, 27 FR 11222, Nov. 14, 1962, as amended by T.D. 6753, 29 FR 
12718, Sept. 9, 1964]





Sec. 49.4261-2   Application of tax.

    (a) Tax on total amount paid. The tax is measured by the total 
amount paid, whether paid at one time or collected at intervals during 
the course of a continuous transportation, as in the case of a carrier 
operating under the zone system. For the application of the tax with 
respect to amount paid for seating or sleeping accommodations in 
connection with taxable transportation, see Sec. 49.4261-9.
    (b) Tax on transportation of each person. The tax is determined by 
the amount paid for transportation with respect to each person. Thus, 
where a single payment is made for the transportation of two or more 
persons, the taxability of the payment and the amount of the tax, if 
any, payable with respect thereto, must be determined on the basis of 
the portion of the total payment properly allocable to each person 
transported.
    (c) Charges for nontransportation services. Where a payment covers 
charges for nontransportation services as well as for transportation of 
a person, such as charges for meals, hotel accommodations, etc., the 
charges for the nontransportation services may be excluded in computing 
the tax payable with respect to such payment, provided such charges are 
separable and are shown in the exact amounts thereof in the records 
pertaining to the transportation charge. If the charges for 
nontransportation services are not separable from the charge for 
transportatinon of the person, the tax must be computed upon the full 
amount of the payment.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6518, 25 FR 
13134, Dec. 21, 1960, as amended by T.D. 6618, 27 FR 11222, Nov. 14, 
1962]





Sec. 49.4261-3   Payments made within the United States.

    (a) Transportation beginning and ending in the United States or the 
225-mile zone. The tax imposed by section 4261(a) applies to payments 
made within the United States for transportation which begins in the 
United States or in the 225-mile zone and ends in the United States or 
in the 225-mile zone. For example, an amount paid within the United 
States for transportation between New York and Montreal, Canada; between 
Vancouver, Canada, and Windsor, Canada; or between Nogales, Mexico, and 
Hermosillo, Mexico, would be fully taxable. See section 4262(c) (2) and 
paragraph (b) of Sec. 49.4262(c)-1 for the definition of the term ``225-
mile zone''.
    (b) Other transportation--(1) Transportation beginning before 
November 16, 1962. In the case of transportation beginning before 
November 15, 1962, (other than that described in paragraph (a) of this

[[Page 270]]

section), for which payment is made in the United States, the tax 
applies with respect to the amount paid for that portion of such 
transportation which is directly or indirectly from one port or station 
in the United States to another port or station in the United States. 
Transportation that (i) begins in the United States or in the 225-mile 
zone and ends outside such area, (ii) begins outside the United States 
or the 225-mile zone and ends inside such area, or (iii) begins outside 
the United States and ends outside such area is taxable only with 
respect to such portion of the transportation which is directly or 
indirectly from one port or station in the United States to another such 
port or station. Thus, on a trip from Chicago to London, England, with a 
stopover at New York, for which payment is made in the United States, 
the tax would apply to the part of the payment which is applicable to 
the transportation from Chicago to New York.
    (2) Transportation beginning after November 15, 1962. In the case of 
transportation beginning after November 15, 1962 (other than that 
described in paragraph (a) of this section), for which payment is made 
in the United States, the tax applies with respect to the amount paid 
for that portion of such transportation by air which is directly or 
indirectly from one port or station in the United States to another port 
or station in the United States, but only if such portion is not a part 
of ``uninterrupted international air transportation'' within the meaning 
of section 4262(c) (3) and paragraph (c) of Sec. 49.4262(c)-1. 
Transportation that
    (i) Begins in the United States or the 225-mile zone and ends 
outside such area,
    (ii) Begins outside the United States or the 225-mile zone and ends 
inside such area, or
    (iii) Begins outside the United States and ends outside such area.

is taxable only with respect to such portion of the transportation by 
air which is directly or indirectly from one port or station in the 
United States to another port or station in the United States, but only 
if such portion is not a part of ``uninterrupted international air 
transportation'' within the meaning of section 4262(c) (3) and paragraph 
(c) of Sec. 49.4262(c)-1. Thus, on a trip by air from Chicago to London, 
England, with a stopover at New York, for which payment is made in the 
United States, if the portion from Chicago to New York is not a part of 
``uninterrupted international air transportation'' within the meaning of 
section 4262(c)(3) and paragraph (c) of Sec. 49.4262(c)-1, the tax would 
apply to the part of the payment which is applicable to the 
transportation from Chicago to New York. However, if the portion from 
Chicago to New York is a part of ``uninterrupted international air 
transportation'' within the meaning of section 4262(c) (3) and paragraph 
(c) of Sec. 49.4262(c)-1, the tax would not apply.
    (c) Method of computing tax on taxable portion. Where a payment is 
made for transportation which is partially taxable under paragraph (b) 
of this section:
    (1) The tax may be computed on that proportin of the total amount 
paid which the mileage of the taxable portion of the transportation 
bears to the mileage of the entire trip, or
    (2) The tax may be computed on the basis of the applicable local 
fare for transportation of a like class between the ports or stations 
referred to in paragraph (b) of this section. Where a uniform fare is 
charge for transportation between a station and any coastal gateway 
point of embarkation on a trip to the same international destination, 
the tax may be computed on the basis of such uniform fare. In the 
absence of a fare described in this subparagraph, the tax must be 
determined in accordance with subparagraph (1) of this paragraph. If an 
international trip includes a leg between coastal gateway points of 
embarkation for which no additional fare is charged, no tax shall be 
applicable to such leg of the transportation.
    (d) Cross reference. See section 4262 (b) and Sec. 49.4262(b)-1 for 
a partial exclusion with respect to amounts paid for certain 
transportation.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11222, Nov. 14, 1962]

[[Page 271]]





Sec. 49.4261-4   Payments made within the United States; evidence of nontaxability.

    (a) Presumption of taxability. The tax imposed by section 4261(a) 
shall apply to any amount paid within the United States for the 
transportation of any person, unless the taxpayer establishes in 
accordance with the provisions of this section that at the time of 
payment the transportation is not transportation in respect of which tax 
is imposed by section 4261(a) (see section 4264(d)).
    (b) Through tickets. In the case of transportation which is wholly 
or in part not taxable transportation, the issuance of one ticket 
(commonly known as a ``through ticket'') covering such transportation 
will be sufficient to establish that the amount paid for such 
transportation is wholly or in part not subject to tax. Thus, if A 
purchases a through ticket in the United States for transportation by 
air which begins before November 16, 1962, from Chicago to Edmonton, 
Canada, with a stopover in Minneapolis, no further evidence will be 
required to establish that no tax applies with respect to the amount 
paid for the portion of transportation between Minneapolis and Edmonton. 
A similar result will be reached if a through ticket is purchased for 
the same air transportation which begins after November 15, 1962, and 
the trip is not ``uninterrupted international air transportation'' 
within the meaning of section 4262(c) (3) and paragraph (c) of 
Sec. 49.4262(c)-1. See paragraph (d) of this section for the information 
to be inscribed on all tickets issued for uninterrupted international 
air transportation.
    (c) Separate tickets. Where a separate ticket or order is issued for 
taxable transportation as defined in section 4262 (a) (1) (referred to 
in this subpart as the ``domestic ticket or order''), but the domestic 
ticket or order is to be used in conjunction with a ticket or order for 
additional transportation (referred to in this subpart as the 
``international ticket or order'') which changes the tax consequences, 
unless the domestic ticket or order and the international ticket or 
order are purchased from a single agency or carrier at the same time, 
the person making payment for the domestic ticket or order shall at the 
time of payment exhibit the international ticket or order to the agency 
or carrier receiving such payment. The agency or carrier which receives 
the payment for the domestic ticket or order shall inscribe the tickets 
or orders for the entire journey in the following manner:
    (1) The international ticket or order shall be inscribed or stamped 
with an appropriate legend (for example, ``Cannot be reused to obtain 
any tax exemption on a domestic ticket or order'') to show that a 
domestic ticket or order has been purchased wholly or partially tax free 
for use in conjunction therewith.
    (2) The domestic ticket or order shall be inscribed to show (i) the 
identity of the agency or carrier which received payment therefor 
(unless otherwise shown on the ticket or order), (ii) the origin and 
destination of the additional transportation, (iii) the identify of the 
carrier furnishing the additional transportation, and (iv) the serial 
number of the ticket or order covering such additional transportation. 
If the domestic ticket or order is not large enough to accommodate the 
prescribed inscription, a statement setting forth the required 
information shall be attached to such ticket or order.
    (d) Tickets issued for uninterrupted international air 
transportation. All tickets issued for ``uninterrupted international air 
transportation'' within the meaning of section 4262(c) (3) and paragraph 
(c) of Sec. 49.4262(c)-1, whether through tickets or separate tickets, 
must have inscribed thereon, in addition to the other information 
required in the regulations in this subpart, sufficient information from 
which may be ascertained the scheduled arrival and departure time at 
each stopover to which the six-hour scheduled interval requirement of 
section 4262(c)(3) applies. It will be sufficient, for example, if the 
airline ticket or tickets show the trip number and the date and time of 
departure of the aircraft from each such stopover point, provided the 
published airline schedules show the scheduled time of arrival at each 
such stopover point.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11223, Nov. 14, 1962]

[[Page 272]]





Sec. 49.4261-5   Payments made outside the United States.

    (a) In general. The tax imposed by section 4261(b) applies to 
amounts paid outside the United States for the taxable transportation of 
persons, but only if such transportation begins and ends in the United 
States. Thus, in addition to the exclusion provided for certain travel 
under section 4262(b), the tax imposed by section 4261(b), shall not 
apply unless the transportation both begins and ends within the United 
States. Accordingly, the tax does not apply to a payment made outside 
the United States for one-way or round-trip transportation between a 
point within the United States and a point outside the United States.
    (b) Transportation between two or more points in the United States. 
(1) For purposes of this section, a payment made outside the United 
States for transportation between two or more points in the United 
States is a payment for transportation which begins and ends in the 
United States, even though additional transportation to or from a point 
outside the United States is involved in the entire journey, if at the 
time of making payment for the transportation between two or more points 
in the United States it is not definitely established, under the rules 
set forth in Sec. 49.4261-6, that such transportation is purchased for 
use in making the journey from or to a point outside the United States. 
The fact that the entire journey includes transportation from or to a 
point outside the United States is not in itself determinative of the 
liability for tax.
    (2) The following examples illustrate the application of this 
paragraph:

    Example (1). 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.
    Example (2). 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.

    (c) Cross reference. See section 4262(b) and Sec. 49.4262(b)-1 for a 
partial exclusion with respect to amounts paid for certain 
transportation.





Sec. 49.4261-6   Payments made outside the United States; evidence of nontaxability.

    (a) In general. The tax does not apply to a payment made outside the 
United States for transportation which begins or ends outside the United 
States. For purposes of the preceding sentence, a payment made outside 
the United States for transportation between two or more points within 
the United States (such transportation being referred to hereinafter in 
this section as ``the United States portion''), which is part of 
transportation from or to a point outside the United States is a payment 
for transportation which begins or ends outside the United States, where 
it is definitely established at the time of making payment for the 
United States portion that such portion is purchased for use in making 
the journey from or to a point outside the United States. The nontaxable 
character of the payment made outside the United States for the United 
States portion shall be established under the rules set forth in 
paragraphs (b) through (e) of this section.
    (b) Through tickets. Where one ticket (commonly known as a ``through 
ticket'') is issued to cover all of the United States portion of a 
journey which begins or ends outside the United States and to cover also 
the connecting transportation from or to a point outside the United 
States, no further evidence of the nontaxable character of the

[[Page 273]]

transportation covered by such ticket will be required.
    (c) Separate tickets. Where separate tickets or orders are issued 
for the United States portion of a journey which begins or ends outside 
the United States, the agency or carrier which receives payment for such 
tickets or orders shall definitely determine at the time of receiving 
the payment that the United States portion is being purchased for use in 
conjunction with connecting transportation from or to a point outside 
the United States, and shall appropriately inscribe the tickets or 
orders issued outside the United States for the United States portion 
and for the connecting transportation from or to a point outside the 
United States to show clearly that such tickets or orders are purchased 
for use in conjunction with each other. Such tickets or orders shall be 
inscribed in the following manner:
    (1) The ticket or order for the connecting transportation from or to 
a point outside the United States shall be inscribed or stamped with an 
appropriate legend (for example, ``Not to be used again for purchase of 
tax-free United States transportation'') to show that the United States 
portion has been purchased tax free for use in conjunction therewith.
    (2) Where the ticket for the United States portion is issued outside 
the United States, it shall be inscribed to show (i) the identity of the 
agency or carrier which received payment therefor (unless otherwise 
shown on the ticket), (ii) the origin and destination of the connecting 
transportation, (iii) the identity of the carrier furnishing the 
connecting transportation, and (iv) the serial number of the ticket or 
order covering such connecting transportation. If the ticket is not 
large enough to accommodate the prescribed inscription, a statement 
setting forth the required information shall be attached to such ticket.
    (3) Where an order for the United States portion is issued outside 
the United States, it shall be inscribed to show (i) the origin and 
destination of the connecting transportation, (ii) the identity of the 
carrier furnishing the connecting transportation, and (iii) the serial 
number of the ticket or order covering such connecting transportation.
    (d) Ticket issued pursuant to inscribed order. Where the ticket for 
the United States portion is issued in the United States pursuant to an 
order which was purchased and properly inscribed outside the United 
States under the rules set forth in paragraph (c)(3) of this section, 
liability for payment or collection of tax will not be incurred upon the 
issuance of the ticket provided the agency or carrier issuing such 
ticket stamps or inscribes thereon an appropriate legend, for example, 
``Tax not paid--furnished on order'', or ``Exempt--order''.
    (e) Maintenance of records. In any case where a payment for the 
United States portion is not subject to tax under the rules set forth in 
this section, the carrier furnishing transportation for the United 
States portion shall procure and maintain appropriate evidence which 
will clearly show that the tickets or orders for such transportation 
were purchased for use in conjunction with connecting transportation 
from or to a point outside the United States.
    (f) Examples. The following are examples of nontaxable 
transportation:

    Example (1). Y travels from London, England, to San Francisco by way 
of New York. He purchases from an agency or carrier in England all of 
the transportation involved in such journey, which includes air 
transportation from London to New York and from New York to San 
Francisco, for which separate tickets are issued. The agency or carrier 
which receives the payment for Y's transportation from New York to San 
Francisco will not be required to collect tax with respect to the 
payment, provided it determines at the time such payment is received 
that the transportation in question is being purchased for use in 
conjunction with the connecting transportation from London to New York 
and it appropriately inscribes both of the tickets for the journey.
    Example (2). Z travels from Havana, Cuba, to New York by way of 
Miami. He purchases in Havana a ticket for his transportation by water 
from Havana to Miami, and later purchases from a travel agency in Havana 
air transportation from Miami to New York for which the travel agency 
issues an exchange order. To establish the nontaxable character of the 
payment for Z's transportation from Miami to New York the travel agency 
shall determine at the time payment is received

[[Page 274]]

by it that the transportation is being purchased for use in conjunction 
with the connecting transportation from Havana to Miami, and shall make 
the appropriate inscription on the ticket and the order. The carrier 
which accepts the exchange order and issues the ticket for the 
transportation from Miami to New York will not be required to collect 
tax with respect to the ticket so issued if it appropriately inscribes 
the ticket as provided in paragraph (d) of this section.





Sec. 49.4261-7   Examples of payments subject to tax.

    The following are examples of payments for transportation which, 
unless otherwise exempt under section 4263, 4292, 4293, or 4294 are 
subject to tax:
    (a) Cash fares. The tax applies to payments of so-called ``cash 
fares'' where no ticket or other evidence of the right to transportation 
is issued to the passenger.
    (b) Script books. The tax applies to the amounts paid for scrip 
books. The tax shall be collected from the purchaser at the time the 
scrip book is sold, and not when and as the scrip is used for 
transportation.
    (c) Additional charges. Amounts paid as additional charges for 
changing the class of accommodations, changing the destination or route, 
extending the time limit of a ticket, as ``extra fare'', or for 
exclusive occupancy of a section, etc., are subject to the tax.
    (d) Round-trip tickets. An amount of 61 cents or more paid for a 
round-trip ticket is taxable (1) if the one-way fare of like class is 61 
cents or more, or (2) if there is no established one-way fare of like 
class.
    (e) Commutation or season tickets. (1) Amounts paid for commutation 
or season tickets good for more than one month are subject to tax where 
the single trip is 30 miles or more. For this purpose the term ``30 
miles'' means 30 constructive miles where the rate for transportation is 
fixed on the constructive mileage. The tax shall be collected from the 
purchaser at the time of payment for the commutation or season ticket, 
and not when and as the ticket is used for transportation.
    (2) In the event that a partly used exempt commutation or season 
ticket is redeemed and the carrier, in determining the amount of the 
refund, makes a charge at regular rates for the used portion of the 
ticket, the tax applies to such charge, if the one-way fare is more than 
60 cents.
    (f) Prepaid orders, exchange orders, or similar orders. The tax 
applies to the amounts paid for prepaid orders, exchange orders, or 
similar orders for transportation. Additional amounts paid in procuring 
transportation in connection with the use of prepaid orders, exchange 
orders, or similar orders, are likewise subject to tax.
    (g) Combinations of rail, motor vehicle, water, or air 
transportation. The tax applies to the total amount paid for 
transportation over the lines of a number of connecting carriers; and 
also with respect to transportation beginning before November 16, 1962, 
to the total amount paid for any combination of rail, motor vehicle, 
water, or air transportation, such as rail-air line, air line-motor bus, 
or motor bus-steamship, etc. For transportation beginning after November 
15, 1962, the tax will apply only to the amount paid for any portion of 
such transportation that is by air.
    (h) Chartered conveyances (1) An amount paid for the charter.
    (i) Of a special car, train, motor vehicle, aircraft, or boat for 
transportation which begins before November 16, 1962, or
    (ii) Of an aircraft for transportation which begins after November 
15, 1962, provided no charge is made by the charterer to the persons 
transported, is subject to tax if the amount paid for the charter 
represents a per capita charge of more than 60 cents for each person 
actually transported.
    (2) The charterer of a conveyance who sells transportation to other 
persons must collect and account for the tax with respect to all amounts 
paid to him for transportation which are in excess of 60 cents. In such 
case, no tax will be due on the amount paid for the charter of the 
conveyance but it shall be the duty of the owner of the conveyance to 
advise the charterer of his liability for collecting and accounting for 
the tax.
    (i) All-expense tours. Amounts paid for all-expense tours are 
subject to tax with respect to that portion representing transportation 
which is subject to

[[Page 275]]

tax. See paragraph (c) of Sec. 49.4261-2 and paragraph (f) (4) of 
Sec. 49.4261-8.
    (j) Payments remitted to foreign countries by persons in the United 
States. Payments for transportation tickets, prepaid orders, exchange 
orders, or similar orders are subject to the tax where the payment for 
such tickets or orders is accomplished by the purchaser either (1) by 
transmission from within the United States via telegraph or mail of 
cash, checks, postal or telegraphic money orders, and similar drafts to 
ticket offices or travel agencies, etc., located in any place without 
the United States, or (2) by the delivery of the funds to an agency 
located in the United States for transmission to ticket offices, or 
travel agencies, etc., without the United States. Such payments are 
considered to be payments made within the United States.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11223, Nov. 14, 1962]





Sec. 49.4261-8   Examples of payments not subject to tax.

    In addition to a payment specifically exempt under section 4263, 
4292, 4293, or 4294 the following are examples of payments not subject 
to tax:
    (a) Exchange of prepaid order, scrip, etc., for tickets. A ticket 
issued pursuant to an exchange order, prepaid order, airline pilot 
order, or scrip, is not subject to tax where the tax is paid at the time 
of payment for the order or scrip.
    (b) Caretakers and messengers accompanying freight shipments. The 
tax on the transportation of persons does not apply to amounts paid for 
transportation of freight that includes also the transportation of 
caretakers or messengers for which no specific charge as such is made.
    (c) Special baggage transportation equipment. An amount paid for 
special baggage transportation equipment is not subject to the tax on 
the transportation of persons if separable from the payment for 
transportation of persons and if shown in the exact amount of the charge 
on the records covering the taxable transportation payment.
    (d) Circus or show conveyances. The amount paid pursuant to a 
contract for the movement of a circus or show conveyance where the 
amount covers only the transportation of the performers, laborers, 
animals, equipment, etc., by such conveyances is not subject to the tax 
on the transportation of persons imposed by section 4261. However, if 
the contract payment also covers the issuance to advance agents, bill 
posters, etc., of circus or show scrip books, or other evidence of the 
right to transportation, for use on regular passenger conveyances, that 
portion of the contract payment properly allocable to such scrip books 
or other evidence is subject to the tax on the transportation of 
persons.
    (e) Corpses. The tax on the transportation of persons does not apply 
to the amount paid for the transportation of a corpse, but does apply to 
the amount paid for the transportation of any person accompanying the 
corpse.
    (f) Miscellaneous charges. Where the charge is separable from the 
payment for the transportation of a person and is shown in the exact 
amount thereof on the records pertaining to the transportation payment, 
the tax on the transportation of persons does not apply to the following 
and similar charges:
    (1) Charges for transportation of baggage, including incidental 
charges such as excess value, storage, transfer, parcel checking, 
special delivery, etc.
    (2) Charges for transportation of an automobile in connection with 
the transportation of a person.
    (3) Charges for bridge or road toll, or a ferry charge of 60 cents 
or less, made in connection with the transportation beginning before 
November 16, 1962, of a person by bus. Charges incurred by the carrier 
which are part of its costs of operation, such as bridge tolls, road 
tolls, or ferry charges, paid by the carrier on account of the bus and 
driver, cannot be deducted from the charge made to the passenger in 
determining the taxable charges for transportation.
    (4) Charges for admissions, guides, meals, hotel accommodations, and 
other nontransportation services, for example, where such items are 
included in a lump sum payment for an all-expense tour.
    (5) Charges in connection with the charter of a land, water, or air 
conveyance for the transportation of persons beginning before November 
16, 1962, or

[[Page 276]]

an air conveyance for transportation of persons which begins after 
November 15, 1962, such as for parking, icing, sanitation, ``layover'' 
or ``waiting time'', movement of equipment in deadhead service, dockage, 
or wharfage, etc.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11223, Nov. 14, 1962]





Sec. 49.4261-9   Seats and berths; rate and application of tax.

    (a) Imposition of tax. Section 4261 (c) imposes a tax at a 
prescribed rate upon payments of any amounts for seating or sleeping 
accommodations in connection with transportation with respect to which a 
tax is imposed by section 4261 (a) or (b).
    (b) Rate of tax. The tax is imposed under section 4261(c) upon the 
amount paid for seating or sleeping accommodations at the following 
rates:
    (1) 10 percent with respect to amounts paid in connection with 
taxable transportation by rail, motor vehicle, water, or air which 
begins before November 16, 1962.
    (2) 5 percent with respect to amounts paid in connection with the 
air portion of any transportation which begins after November 15, 1962.
    (c) Application of other rules to seats and berths. The rules and 
provisions of Secs. 49.4261-1 to 49.4261-6, inclusive, with respect to 
the tax on payments for transportation imposed by section 4261 (a) or 
(b) are also applicable to the tax on payments for seating or sleeping 
accommodations.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11223, Nov. 14, 1962]





Sec. 49.4261-10   By whom paid.

    The tax imposed by section 4261 is payable by the person making the 
taxable payment for transportation or for seats, berths, etc., and is 
collectable by the person receiving such payments. See section 4264 (a) 
and (c) for special rules relating to payment and collection of tax.





Sec. 49.4262(a)-1   Taxable transportation.

    (a) In general. Unless excluded under section 4262(b) (see 
Sec. 49.4262(b)-1), taxable transportation means:
    (1) Transportation which begins in the United States or in that 
portion of Canada or Mexico which is not more than 225 miles from the 
nearest point in the continental United States (the ``225-mile zone'') 
and ends in the United States or in the 225-mile zone; and
    (2) In the case of any other transportation, that portion of such 
transportation which is directly or indirectly from one port or station 
in the United States to another port or station in the United States, 
but, with respect to transportation which begins after November 15, 
1962, only if such portion is not part of ``uninterrupted international 
air transportation'' within the meaning of section 4262(c) (3) and 
paragraph (c) of Sec. 49.4262(c)-1. Transportation from one port or 
station in the United States to another port or station in the United 
States occurs whenever a carrier, after leaving any port or station in 
the United States, makes a regularly scheduled stop at another port or 
station in the United States irrespective of whether stopovers are 
permitted or whether passengers disembark.

The provisions of this paragraph are applicable whether the 
transportation is by rail, motor vehicle, water, or air, or any 
combination thereof, except that with respect to transportation which 
begins after November 15, 1962, the tax, if applicable, applies only to 
the amount paid for that portion of the transportation which is by air.
    (b) Illustrations of taxable transportation under section 4262(a) 
(1). In each of the following examples the transportation is taxable 
transportation and the amount paid within the United States for such 
transportation is subject to the tax:
    (1) New York to Seattle;
    (2) New York to Vancouver, Canada, with a stop at Jasper, Canada;
    (3) Chicago to Monterrey, Mexico;
    (4) Montreal, Canada, to Toronto, Canada; and
    (5) Miami to Los Angeles via Panama. If in the examples in 
subparagraphs (1) and (5) of this paragraph, payment for the 
transportation had been made outside the United States, such payment 
would nevertheless have been subject to tax since in each case

[[Page 277]]

the transportation begins and ends in the United States.
    (c) Illustrations of taxable transportation under section 4262(a) 
(2) beginning before November 16, 1962. The following examples will 
illustrate the application of section 4262(a) (2) with respect to 
transportation beginning before November 16, 1962:

    Example (1). A purchases in New York a round-trip ticket for 
transportation by air from New York to Havana, Cuba, with a stop at 
Miami. The amount paid for that part of the transportation between New 
York and Miami on both going and return trips is subject to tax, since 
such transportation is from one station in the United States to another 
station in the United States.
    Example (2). B purchases a ticket in San Francisco for combination 
rail and water transportation from San Francisco to New York to Halifax, 
Canada, to London, England. The amount paid for that part of the 
transportation between San Francisco and New York is subject to tax, 
since such transportation is from one station in the United States to 
another station in the United States. Although Halifax is in the 225-
mile zone, the transportation between New York and Halifax is not 
taxable because it is not transportation from one port in the United 
States to another port in the United States.
    Example (3). C purchases a ticket in Seattle for transportation from 
Seattle to Lisbon, Portugal, with stops at Vancouver, Edmonton, and 
Montreal, Canada, and New York. The amount paid for that part of the 
transportation from Seattle to New York is subject to tax, since it is 
indirectly from one station in the United States to another station in 
the United States.
    Example (4). E purchases in Chicago a ticket for transportation by 
air from Chicago to New York to Gander, Newfoundland, to London, 
England. Only the amount paid for that part of the transportation 
between Chicago and New York is subject to tax. If, while on the New 
York-Gander leg of the journey the aircraft is forced to land at Boston, 
because of weather or other emergency, no tax is imposed by reason of 
such emergency stop.
    Example (5). G charters a plane in New York for transportation to 
Bogota, Colombia, and pays the charter charges in New York. The plane 
stops at an airport in Miami for refueling in accordance with its flight 
plan. The tax attaches with respect to that part of the transportation 
which is between New York and Miami.

    (d) Illustrations of taxable transportation under section 4262(a) 
(2) beginning after November 15, 1962. The following examples will 
illustrate the application of section 4262(a) (2) with respect to 
transportation beginning after November 15, 1962:

    Example (1). A purchases in New York a round-trip ticket for 
transportation by air from New York to Nassau with a scheduled stopover 
of 10 hours in Miami on both the going and return trip. The amount paid 
for that part of the transportation from New York to Miami on the going 
trip is subject to tax, since such transportation is from one station in 
the United States to another station in the United States and the trip 
is not uninterrupted international air transportation because the 
scheduled stopover interval in Miami is greater than six hours. The 
amount paid for the return trip from Miami to New York is subject to tax 
for the same reason.
    Example (2). A purchases a ticket in San Francisco for 
transportation to London with a stopover in New York. He is to travel by 
air from San Francisco to New York and from New York to London by water. 
He is scheduled to stopover in New York for 4 hours. That portion of the 
total amount paid by A for his transportation applicable to the air 
transportation between San Francisco and New York is subject to tax 
since such transportation is from one station in the United States to 
another station in the United States, and is not a part of uninterrupted 
international air transportation since the complete trip from San 
Francisco to London is not entirely by air.
    Example (3). A purchases a through ticket for air transportation 
from San Francisco to London with stopovers at Denver, Chicago, 
Philadelphia, and New York. At each stopover the air carrier has 
scheduled his arrival and departure within 6 hours. After arriving in 
Philadelphia, A, for his own convenience, decides to stopover for more 
than 6 hours. The total amount paid by A for his transportation from San 
Francisco to New York is subject to tax since the scheduled interval 
between the beginning or end and the end or beginning of any two 
segments of the domestic portion of international air transportation 
exceeded 6 hours. If the stopover interval in Philadelphia is extended 
for more than 6 hours by the carrier solely for its own convenience such 
as making repairs to the aircraft, the domestic portion of A's trip will 
not become taxable, provided A continues his international air 
transportation no later than on the first available flight offered by 
the carrier.
    Example (4). A purchases a through ticket for transportation by air 
from Los Angeles to Barbados with stopovers at Houston, Mexico City, 
Mexico, and Miami. At each stopover, except Mexico City, A's scheduled 
time of arrival and departure is within six hours. At Mexico City, A's 
scheduled time of arrival and departure exceeds six hours. The total 
amount paid by A for his transportation

[[Page 278]]

from Los Angeles to Miami, including that part of the transportation to 
and from Mexico City, is subject to tax since the transportation 
includes a portion which is indirectly from one port or station in the 
United States to another port or station in the United States (Houston 
to Miami via Mexico City) and the scheduled interval in Mexico City 
between two segments of such portion exceeds six hours. If A's scheduled 
arrival and departure at each stopover of his transportation which is 
directly or indirectly between ports or stations in the United States, 
including that at Mexico City, had been within a six hour interval and A 
had arrived and departed at each such stopover within that period, the 
transportation would have qualified as uninterrupted international air 
transportation and no part of the amount paid for the transportation by 
air from Los Angeles to Barbados would be subject to tax.

    (e) Illustrations of transportation which is not taxable 
transportation. The following examples will illustrate transportation 
which is not taxable transportation:
    (1) New York to Trinidad with no intervening stops;
    (2) Minneapolis to Edmonton, Canada, with a stop at Winnipeg, 
Canada;
    (3) Los Angeles to Mexico City, Mexico, with stops at Tia Juana and 
Guadalajara, Mexico;
    (4) New York to Whitehorse, Yukon Territory, Canada, after November 
15, 1962, by air with a scheduled stopover in Chicago of five hours.

Amounts paid for the transportation referred to in examples set forth in 
subparagraphs (1), (2), and (3) of this paragraph are not subject to the 
tax regardless of where payment is made, since none of the trips (i) 
begin in the United States or in the 225-mile zone and end in the United 
States or in the 225-mile zone, nor (ii) contain a portion of 
transportation which is directly or indirectly from one port or station 
in the United States to another port or station in the United States. 
The amount paid within the United States for the transportation referred 
to in the example set forth in subparagraph (4) of this paragraph is not 
subject to tax since the entire trip (including the domestic portion 
thereof) is ``uninterrupted international air transportation'' within 
the meaning of section 4262(c) (3) and paragraph (c) of Sec. 49.4262(c)-
1. In the event the transportation is paid for outside the United 
States, no tax is due since the transportation does not begin and end in 
the United States.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11223, Nov. 14, 1962]





Sec. 49.4262(b)-1   Exclusion of certain travel.

    (a) In general. Under section 4262(b) taxable transportation does 
not include that portion of any transportation which meets all four of 
the following requirements:
    (1) Such portion is outside the United States;
    (2) Neither such portion nor any segment thereof is directly or 
indirectly:
    (i) Between (a) a point where the route of the transportation leaves 
or enters the continental United States, or (b) a port or station in the 
225-mile zone, and
    (ii) A port or station in the 225-mile zone;
    (3) Such portion:
    (i) Begins at either (a) the point where the route of the 
transportation leaves the United States, or (b) a port or station in the 
225-mile zone, and
    (ii) Ends at either (a) the point where the route of the 
transportation enters the United States, or (b) a port or station in the 
225-mile zone; and
    (4) A direct line from the point (or the port or station) specified 
in subparagraph (3) (i) of this paragraph, to the point (or the port or 
station) specified in subparagraph (3) (ii) of this paragraph, passes 
through or over a point which is not within 225 miles of the United 
States. For purposes of this section, the route of the transportation 
shall be deemed to leave or enter the United States when it passes over 
(i) the international boundary line between any part of the United 
States and a contiguous foreign country, or (ii) a point three nautical 
miles (3.45 statute miles) from low tide on the coast line.
    (b) Transportation to or from Alaska or Hawaii. (1) Under the 
provisions of section 4262(b) transportation between the continental 
United States or the 225-mile zone and Alaska or Hawaii will be 
partially exempt from the tax. The portion of such transportation which 
(i) is outside the United States, (ii) is not

[[Page 279]]

transportation between ports or stations within the continental United 
States or the 225-mile zone, and (iii) is not transportation between 
ports or stations within Alaska or Hawaii, meets all the requirements 
set forth in section 4262(b) and is excluded from taxable 
transportation.
    (2) The provisions of subparagraph (1) of this paragraph may be 
illustrated by the following examples:

    Example (1). A buys a ticket for transportation by air from Seattle 
to Fairbanks, Alaska, via Ketchikan and Juneau, Alaska, and Whitehorse, 
Yukon Territory, Canada. The portion of the transportation between the 
point where the route of the transportation leaves the continental 
United States and the point where it first enters Alaska (the three-mile 
limit or the international boundary) is not subject to tax.
    Example (2). B purchased combination rail-water transportation 
beginning before November 16, 1962, from Chicago to Juneau, Alaska, by 
way of Vancouver, Canada. The portion of the transportation from 
Vancouver to the point where the route of the transportation enters the 
three-mile limit off the coast of Alaska is not subject to tax.
    Example (3). C purchases a ticket in the United States for 
transportation by air from Vancouver, Canada, to Honolulu, Hawaii. No 
part of the route followed by the carrier passes through or over any 
part of the continental United States. The only part of the payment made 
by C for this transportation which is subject to the tax is that 
applicable to the portion of the transportation between the three-mile 
limit off the coast of Hawaii and the airport in Honolulu.

    (c) Method of computing tax on travel not excluded. (1) Where a 
payment is made for transportation which includes transportation 
excluded under the provisions of section 4262(b):
    (i) The tax may be computed on that proportion of the total amount 
paid which the mileage of the taxable portion of the transportation 
bears to the mileage of the entire trip, or
    (ii) If the taxable portion of the transportation includes 
transportation from one port or station to another port or station for 
which an applicable local fare of a like class is available, the tax may 
be computed on the amount of such local fare, plus an amount equivalent 
to that proportion of the remainder of the total amount paid which the 
mileage of the remainder of the taxable portion of the transportation 
bears to the remainder of the mileage of the entire trip. If the taxable 
transportation includes a leg from a station to a coastal gateway point 
of embarkation for which a uniform fare is charged regardless of the 
gateway point actually used, the tax on such a leg may be computed on 
the basis of such uniform fare. In the absence of a fare described in 
this subparagraph, the tax must be determined in accordance with 
subdivision (i) of this subparagraph. If the taxable portion of the 
transportation includes a leg between coastal gateway points of 
embarkation for which no additional fare is charged no tax shall be 
applicable to such leg of the transportation.
    (2) The basis for determining the proportions described in 
subdivisions (i) and (ii) of subparagraph (1) of this paragraph shall be 
the average mileage of the established route traveled by the carrier 
between given points under normal circumstances.
    (d) Illustration. The application of paragraph (c) of this section 
may be illustrated by the following example:

    Example. On October 10, 1959, A purchases in San Francisco a ticket 
for transportation by air to Honolulu, Hawaii. The portion of the 
transportation which is outside the continental United States and is 
outside Hawaii is excluded from taxable transportation. The tax applies 
to that part of the payment made by A which is applicable to the portion 
of the transportation between the airport in San Francisco and the 
three-mile limit off the coast of California (a distance of 15 miles) 
and between the three-mile limit off the coast of Hawaii and the airport 
in Honolulu (a distance of 5 miles). The part of the payment made by A 
which is applicable to the taxable portion of his transportation and the 
tax due thereon are computed in accordance with paragraph (c)(1) as 
follows:

Mileage of entire trip (San Francisco airport to Honolulu               
 airport) (miles)...........................................       2,400
Mileage in continental United States (miles)................          15
Mileage in Hawaii (miles)...................................           5
                                                             -----------
                                                                      20
Fare from San Francisco to Honolulu.........................     $168.00
Payment for taxable portion (20/2400  x  $168)..............       $1.40
Tax due (10% (rate in effect on date of payment)  x  $1.40).       $0.14
                                                                        


[[Page 280]]

(All distances and fares assumed for purposes of this example. If 
transportation begins after November 15, 1962, the tax applies only to 
the amount paid for transportation by air and should be computed at the 
rate of 5 percent.)

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11224, Nov. 14, 1962]





Sec. 49.4262(c)-1   Definitions.

    (a) The continental United States. For purposes of the regulations 
in this subpart, the term ``continental United States'' includes only 
the 48 States existing on July 25, 1956 (the date of the enactment of 
the Act of July 25, 1956 (Pub. L. 796, 84th Cong., 70 Stat. 644)) and 
the District of Columbia, including inland waters (such as rivers, 
lakes, bays, etc.) lying wholly therein, and, where an international 
boundary line divides inland waters, such parts of such inland waters as 
lie within the boundary of the United States, and also the waters 3 
nautical miles (3.45 statute miles) from low tide on the coast line. For 
purposes of the regulations in this subpart, the term ``continental 
United States'' does not include Alaska or Hawaii for any period either 
prior or subsequent to their admission into the Union as States.
    (b) The 225-mile zone. For purposes of the regulations in this 
subpart, the term ``225-mile zone'' means that portion of Canada and 
Mexico which is not more than 225 miles from the nearest point in the 
continental United States. Whether any point in Canada or Mexico is more 
than 225 miles from the continental United States is to be determined by 
measuring the distance from such point to the nearest point on the 
boundary of the continental United States.
    (c) Uninterrupted International air transportation. (1) For the 
purpose of the regulations in this subpart, the term ``uninterrupted 
international air transportation'' means transportation entirely by air 
which does not begin in the United States or in the 225-mile zone and 
end in the United States or in the 225-mile zone provided that:
    (i) Where the transportation within the United States involves one 
stop, the scheduled interval between the beginning or end of the United 
States portion of such air transportation and the end or beginning of 
the remainder of the air transportation, and
    (ii) Where the United States portion of such transportation involves 
two or more stops, the scheduled interval between the beginning or end 
of one segment and the end or beginning of the continuing segment of 
such portion does not exceed six hours. The transportation is considered 
to be entirely by air even though the passenger may use other means of 
transportation between two airports provided the scheduled six-hour 
limitation for his continuing air transportation is complied with. 
Transportation which otherwise is uninterrupted international air 
transportation does not cease to be such because of the use of non-air 
transportation between ports or stations which are outside the United 
States, provided the non-air transportation is not part of 
transportation which is indirectly from one port or station in the 
United States to another port or station in the United States.
    (2) Where the interval between arrival and departure time at any 
stopover point in the United States exceeds six hours, such 
transportation is not uninterrupted international air transportation 
even though the schedules of the air lines do not make possible a 
scheduling within the six-hour limit. Where any interval scheduled for 
six hours or less is increased to exceed six hours, the transportation 
will continue to be uninterrupted international air transportation if 
the increase in time is attributable to delays in the arrival or 
departure of the scheduled air transportation. In such case the 
transportation shall continue to be uninterrupted international air 
transportation if the passenger continues his transportation no later 
than on the first available flight offered by the continuing carrier 
which affords the passenger substantially the same accommodations as 
originally purchased. However, if for any other reason such interval at 
any stopover is increased to more than 6 hours, the transportation will 
lose its classification of uninterrupted international air 
transportation. The tax applicable in such case shall be paid as 
provided in paragraph (a) (2) of Sec. 49.4264(c)-1. The transportation 
from the point of orgin in the United States

[[Page 281]]

to a port or station outside the United States and the 225-mile zone, 
with a stopover in the United States, must be scheduled before the time 
the initial transportation commences in order for the United States 
portion of such transportation to qualify as uninterrupted international 
air transportation. For example, where transportation by air from 
Chicago to New York only is scheduled in Chicago and transportation by 
air from New York to London, England, is scheduled by the passenger 
after his arrival in New York, the Chicago to New York trip does not 
qualify as uninterrupted international air transportation even though 
the passenger may depart on the London flight within six hours after 
arrival in New York.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11225, Nov. 14, 1962; 27 FR 11691, Nov. 28, 1962]





Sec. 49.4263-1   Commutation tickets.

    (a) Tickets for single trips of less than 30 miles. Amounts paid for 
commutation or season tickets or books for single trips of less than 30 
miles are exempt from the tax imposed by section 4261, regardless of the 
length of time for which such tickets or books are valid. The phrase 
``less than 30 miles'' means less than 30 constructive miles in 
instances where the charge is based on constructive mileage.
    (b) Tickets for one month or less. Amounts paid for commutation 
tickets or books for one month or less are exempt from the tax 
regardless of the distance of a single trip.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959. Redesignated by T.D. 6618, 27 FR 
11225, Nov. 14, 1962]





Sec. 49.4263-2   Charges not exceeding 60 cents.

    (a) In general. The tax imposed by section 4261 does not apply to 
transportation payments of 60 cents or less.
    (b) Round trips. The exemption is determined by the amount paid for 
a single one-way trip. Thus, an amount of more than 60 cents paid for 
round-trip transportation is exempt from the tax, if the regular one-way 
single fare of like class between the terminal points of the round trip 
does not exceed 60 cents.
    (c) Charters. An amount paid for the charter of a car, train, motor 
vehicle, aircraft, or boat with respect to transportation beginning 
before November 16, 1962, or of an aircraft with respect to 
transportation beginning after November 15, 1962, is exempt from the 
tax, if the payment represents a per capita charge of sixty cents or 
less for each person actually transported.
    (d) Seating or sleeping accommodations. Any amount paid for seating 
or sleeping accommodations is not subject to tax under section 4261(c) 
where the amount of the related payment for transportation is 60 cents 
or less. However, where the payment for transportation exceeds 60 cents, 
a payment for seating or sleeping accommodations in connection with such 
transportation is subject to the tax regardless of the amount thereof.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959. Redesignated by T.D. 6618, 27 FR 
11225, Nov. 14, 1962]





Sec. 49.4263-3   Transportation furnished to certain organizations.

    (a) The American National Red Cross. The tax imposed by section 4261 
does not apply to amounts paid for transportation or facilities 
furnished to any corporation created by act of Congress to act in 
matters of relief under the treaty of Geneva of August 22, 1864 (The 
American National Red Cross).
    (b) International organizations. The tax imposed by section 4261 
does not apply to amounts paid for transportation or facilities 
furnished to an international organization. See section 7701(a) (18) for 
the definition of ``international organization''. An international 
organization is designated as such by the President through an Executive 
order or orders. When an organization has been designated by the 
President as entitled to enjoy the privileges, exemptions and immunities 
conferred by the International Organizations Immunities Act, or part 
thereof, including exemption from the tax, the exemption applies to 
amounts so paid unless the President otherwise provides. The exemption 
is subject to withdrawal or revocation by the President. In case of 
withdrawal or revocation, unless otherwise provided by the President, 
the exemption is inapplicable to payments on or after the date of

[[Page 282]]

issuance of the order of withdrawal or the date of revocation.
    (c) Evidence of right to exemption. The right to exemption under 
section 4263(b) (and under former section 4263(d)) shall be established 
by the use of exemption certificate, Form 731. See section 4292 and the 
regulations thereunder for the rules applicable when the right to 
exemption is evidenced by exemption certificates.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959. Redesignated by T.D. 6618, 27 FR 
11225, Nov. 14, 1962]





Sec. 49.4263-4   Members of the armed forces.

    The tax imposed by section 4261 does not apply to amounts paid for 
transportation or for seating or sleeping accommodations furnished under 
special tariffs providing for fares of not more than 2.5 cents per mile 
applicable to round-trip tickets sold to personnel of the United States 
Army, Air Force, Navy, Marine Corps, and Coast Guard, including 
authorized cadets and midshipmen, traveling in uniform of the United 
States at their own expense when on official leave, furlough, or pass. A 
person claiming exemption under this section will be required to exhibit 
to the agent of the carrier a properly executed certificate to show that 
he is traveling on official leave, furlough, or pass, but the submission 
of an exemption certificate on Form 731 is not necessary in such case.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959. Redesignated by T.D. 6618, 27 FR 
11226, Nov. 14, 1962]





Sec. 49.4263-5   Small aircraft on nonestablished lines.

    (a) In general. Amounts paid for the transportation of persons on a 
small aircraft of the type sometimes referred to as ``air taxis'' shall 
be exempt from the tax imposed under section 4261 provided the aircraft 
(1) has a gross take-off weight of less than 12,500 pounds determined as 
provided in paragraph (b) of this section and (2) has a passenger 
seating capacity of less than 10 adult passengers, including the pilot. 
The exemption does not apply, however, if the aircraft is operated on an 
established line.
    (b) Determination of gross take-off weight. The term ``gross take-
off weight of less than 12,500 pounds'' means a maximum certificated 
take-off weight of less than 12,500 pounds. This shall be based on the 
maximum certificated take-off weight shown in the aircraft operating 
record or aircraft flight manual which is part of the air worthiness 
certificate issued by the Federal Aviation Administration.
    (c) Established line. The term ``operated on an established line'' 
means operated with some degree of regularity between definite points. 
It does not necessarily mean that strict regularity of schedule is 
maintained; that the full run is always made; that a particular route is 
followed; or that intermediate stops are restricted. The term implies 
that the person rendering the service maintains and exercises control 
over the direction, route, time, number of passengers carried, etc.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959. Redesignated by T.D. 6618, 27 FR 
11226, Nov. 14, 1962]





Sec. 49.4263-6   Exemptions applicable with respect to transportation beginning before November 16, 1962.

    Section 5(b) of the Tax Rate Extension Act of 1962 repealed the 
exemptions contained in former section 4263(b) for motor vehicles with 
seating capacity of less than ten and in former section 4263(c) for 
fishing trips by boat effective with respect to transportation beginning 
after November 15, 1962. With respect to transportation which began 
before November 16, 1962, the tax imposed by section 4261 does not apply 
with respect to any amount paid for transportation.
    (a) By a motor vehicle having a seating capacity of less than ten 
adult passengers, including the driver, unless such vehicle is operated 
on an established line, or
    (b) By boat where the transportation is for the purpose of fishing 
from such boat.

In the case of the exemption with respect to a motor vehicle having a 
seating capacity of less than ten adult passengers, the terms ``operated 
on an established line'' means operated with some degree of regularity 
between definite points. It does not necessarily mean that strict 
regularity of schedule is maintained; that the full run is always made; 
that a particular route is followed; or that intermediate stops

[[Page 283]]

are restricted. The term implies that the person rendering the service 
maintains and exercises control over the direction, route, time, number 
of passengers carried, etc.

[T.D. 6618, 27 FR 11226, Nov. 14, 1962]





Sec. 49.4264(a)-1   Duty to collect the tax; payments made outside the United States.

    Where payment is made outside the United States for a prepaid order, 
exchange order, or similar order for transportation which begins and 
ends in the United States or for seating or sleeping accommodations in 
connection therewith, the person furnishing the initial transportation 
pursuant to such order shall collect all the tax applicable to such 
transportation or accommodations. See section 4291 and the regulation 
thereunder for cases where persons receiving payment must collect the 
tax.





Sec. 49.4264(b)-1   Duty to collect the tax in the case of certain refunds.

    (a) Special rule for collection of tax. Section 4264(b) provides a 
special rule for the collection of the tax where an unused ticket or 
order (or portion thereof) purchased without payment of tax is presented 
for refund and, as a result of the use of only a portion of the 
transportation purchased in connection with such ticket or order, 
liability for payment of tax has been incurred. In such a case, the 
person making the refund shall deduct the amount of the tax due, to the 
extent available, from the amount which would otherwise be refundable. 
If the redemption value of the unused ticket or order (or portion 
thereof) is less than the amount of the tax due on the amount paid for 
the travel actually performed, the person redeeming the unused ticket or 
order (or portion thereof) shall make no refund but shall apply the 
entire amount against the tax due and shall collect any additional tax 
due or, within 90 days, shall make a report of the amount of the tax 
remaining uncollected, together with the name and address of the person 
who sought the refund. The report shall be made to the office of the 
district director of internal revenue for the district in which the 
person making such report is located, and a copy of the report shall be 
furnished to the person presenting the unused ticket or order for 
redemption.
    (b) Return of tax. Any person who has made a collection of tax in 
accordance with the preceding paragraph shall include such amount in his 
regular return of taxes required to be collected under section 4291.
    (c) Illustration. A carrier receives for redemption a ticket 
purchased in the United States for transportation from Calgary, Canada, 
to Edmonton, Canada, which the purchaser bought for use in conjunction 
with a ticket for nonstop transportation from Seattle to Calgary. The 
person applying for the refund does not establish to the satisfaction of 
the carrier that the tax on the Seattle-Calgary ticket has been paid or 
that the Seattle-Calgary ticket has been redeemed. The carrier, before 
making any refund for the unused ticket, is required to deduct from the 
amount otherwise refundable the tax applicable to the amount paid by the 
purchaser for the transportation from Seattle to Calgary and to report 
the tax so collected in its quarterly return of Form 720. In the event 
that the redemption value of the unused Calgary to Edmonton ticket is 
less than the amount of the tax due on the amount paid for the 
transportation from Seattle to Calgary, the carrier should not make any 
refund but should apply against the outstanding tax the entire amount 
refundable and should either collect the balance of the tax due or make 
a report, within 90 days, to the office of the district director of 
internal revenue for the district in which the carrier is located, 
setting forth the name and address of the person seeking the refund and 
the amount of the tax remaining uncollected.





Sec. 49.4264(c)-1   Special rule for the payment of tax.

    (a) Rule--(1) In general. Except as provided in subparagraph (2) of 
this paragraph, when any tax imposed by section 4261 is not paid at the 
time payment for the transportation is made, then to the extent that 
such tax is not collected under any other provision of law, such tax 
shall be paid by the person paying for the transportation or by the 
person using the transportation.

[[Page 284]]

The provisions of section 4264(c) apply where the amount paid for 
transportation is (i) subject to tax at the time such payment is made, 
but no tax is paid at that time, or (ii) not subject to tax at the time 
such payment is made, but because of some subsequent event the payment 
becomes subject to tax. The payment of tax shall be made to the district 
director of internal revenue for the district in which the taxpayer 
resides, or to the person from whom the transportation was purchased, 
within 30 days after whichever of the following first occurs: (a) The 
rights to the transportation expire, or (b) the transportation becomes 
subject to tax. Such payment shall be accompanied with an explanation 
that it is being made in accordance with section 4264(c).
    (2) Transportation no longer qualifying as uninterrupted 
international air transportation. In the case of a payment for 
transportation beginning after November 15, 1962, which qualifies as 
``uninterrupted international air transportation'' within the meaning of 
section 4262(c)(3) and paragraph (c) of Sec. 49.4262(c)-1 on the date 
such payment was made and which because of some subsequent event ceases 
to be uninterrupted international air transportation, to the extent that 
the tax due is not collected under any other provision of law, such tax 
shall be paid by the person paying for the transportation or by the 
person using the transportation. The payment of the tax shall be made to 
the air carrier which provides the next continuing portion of the 
transportation following the occurrence of the event which caused the 
transportation to cease to be uninterrupted international air 
transportation and such carrier shall collect the tax at the time the 
flight is rescheduled or before furnishing the continuing transportation 
to the passenger, whichever is earlier, unless the carrier has evidence, 
in writing, that the tax has already been paid to (i) a district 
director, or (ii) the person to whom the payment for the international 
air transportation was originally made, or (iii) any person furnishing 
any portion of such transportation. The provisions of this subparagraph 
with respect to the responsibility of the continuing carrier to collect 
the tax due are applicable only if the passenger uses his original 
ticket or is issued a substitute therefor for the purpose of continuing 
his transportation. Such provisions are not applicable if the passenger 
purchases a new ticket to continue his transportation.
    (b) Relationship to other sections. Section 4264(c) and this section 
are not intended in any way to relieve the person receiving the payment 
for taxable transportation of persons from his duty under section 4291 
of collecting the tax at the time such payment is received by him. The 
provisions of section 4264(c) and this section also do not apply in any 
case where the tax is collected in the manner provided in section 4264 
(a) or (b) or in other provisions of law.
    (c) Illustrations. The provisions of this section may be illustrated 
by the following examples:

    Example (1). A purchases in New York a round-trip ticket for 
transportation between New York and London, England, with a stopover in 
Montreal, Canada. After arriving in Montreal A decides not to continue 
his trip to London and returns to New York. A is liable for tax with 
respect to the amount paid for his transportation from New York to 
Montreal and return. The amount paid for A's transportation became 
subject to tax at the time he began his return trip to New York, and 
within 30 days thereafter A must pay the tax to either the person from 
whom he purchased the ticket or his district director of internal 
revenue.
    Example (2). A purchases in Chicago a ticket for air transportation 
to begin after November 15, 1962, from Chicago to London with a stopover 
in New York. A is scheduled to arrive in New York at 4:30 p.m. and 
depart from New York on the international portion at 7:30 p.m. A arrives 
in New York on schedule but for his own convenience reschedules his 
departure on a flight departing at 11:00 p.m. Since A lengthened the 
interval between the end of the United States portion and the beginning 
of the international portion beyond the 6-hour limitation, that portion 
of his international air transportation between Chicago and New York 
became subject to tax. The carrier furnishing A's transportation from 
New York to London shall, before furnishing him with any transportation 
or at the time he reschedules the remaining portion of his trip, 
whichever is earlier, collect the tax due on the Chicago to New York 
portion from A unless the carrier has written evidence that such tax has 
been paid to (i) a district director of internal revenue, or (ii) the 
person to whom the payment

[[Page 285]]

for the international air transportation was originally made, or (iii) 
any person furnishing any other portion of the international air 
transportation.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11226, Nov. 14, 1962]





Sec. 49.4264(d)-1   Cross reference.

    For the rules applicable under section 4264(d) see Sec. 49.4261-4 
relating to payments made within the United States.





Sec. 49.4264(e)-1   Round trips.

    (a) In general. For purposes of the regulations in this subpart, a 
round trip shall be considered to consist of two separate trips, i.e., 
one trip from the point of departure to the destination and a second 
trip in returning from the destination. A round trip includes certain 
journeys in which the same routing is not followed on the return trip 
from the destination to the point of departure as was taken on the going 
trip (sometimes referred to as ``circle trips''). In the case of a 
cruise or tour (i.e., transportation to no set destination but with one 
or more intermediate stops en route) the point farthest from the point 
of departure will be regarded as the destination for purposes of 
applying the term ``round trip''. If a cruise or tour ends at a point 
other than the one at which it began, the rules of ``open jaw'' 
transportation set forth in paragraph (b) of this section apply.
    (b) Open jaw transportation. Transportation which qualifies under 
this paragraph as ``open jaw'' transportation will be treated in the 
same manner as a round trip. For purposes of the regulations in this 
subpart, ``open jaw'' transportation means (1) transportation from the 
point of departure to a specified destination and return from the 
specified destination to a point other than the original point of 
departure, or (2) transportation from the point of departure to a 
specified destination and return from a point other than the specified 
destination to the original point of departure, provided that where the 
points of the open jaw are within the continental United States or the 
225-mile zone, the distance between the points of the open jaw does not 
exceed the distance of the shorter segment traveled. For example, a trip 
from New York to New Orleans via Panama would be considered as one trip 
from New York to Panama and separate trip from Panama to New Orleans, 
since the distance between the points of the open jaw (i.e., New York 
and New Orleans) is shorter than the distance between Panama and New 
Orleans (the shorter of the two segments traveled). Both trips would be 
nontaxable. On the other hand, transportation from New York to Miami via 
Bermuda does not qualify as ``open jaw'' transportation (since the 
points of the open jaw are in the United States and the distance between 
them is greater than the shorter segment traveled) and therefore would 
be considered a single trip from New York to Miami and would be taxable.





Sec. 49.4264(f)-1   Transportation outside the northern portion of the Western Hemisphere.

    (a) Transportation which leaves and re-enters the northern portion 
of the Western Hemisphere. For purposes of the regulations in this 
subpart, transportation, any part of which is outside the northern 
portion of the Western Hemisphere (as defined in paragraph (c) of this 
section) shall, if the route of the transportation leaves and re-enters 
the northern portion of the Western Hemisphere, be considered to consist 
of transportation to the point outside such northern portion and of 
separate transportation thereafter. The amount paid for such 
transportation will be considered to be a payment made for two trips and 
the taxability of the payment will be determined accordingly. Thus, an 
amount paid for transportation from New York to San Francisco with a 
stop at Caracas, Venezuela, will be considered an amount paid for a trip 
from New York to Caracas and for a separate trip from Caracas to San 
Francisco, neither of which is taxable transportation.
    (b) Transportation beginning before November 16, 1962, by water on a 
vessel--(1) Special rule. Section 4264(f)(2) prior to its amendment by 
section 5(b) of the Tax Rate Extension Act of 1962 provided a special 
rule in the case of transportation which begins before November 16, 
1962, any part of which is

[[Page 286]]

outside the northern portion of the Western Hemisphere, by water on a 
vessel which makes one or more intermediate stops at ports within the 
United States on a voyage which (i) begins or ends in the United States, 
and (ii) ends or begins outside the northern portion of the Western 
Hemisphere. In such a case, a stop at an intermediate port within the 
United States at which such vessel is not authorized both to discharge 
and to take on passengers shall not be considered to be a stop at a port 
within the United States. A vessel is considered to be authorized both 
to discharge and to take on passengers at an intermediate port unless 
there is a legal or other authoritative prohibition of such traffic. For 
purposes of the preceding sentence, an order issued by the owner or 
operator of a vessel prohibiting such vessel from either discharging or 
taking on passengers at the intermediate port is not a legal or other 
authoritative prohibition of such traffic.
    (2) Illustrations. The provisions of this paragraph may be 
illustrated by the following examples:

    Example (1). A purchases a steamship ticket in New York for 
transportation from New York to Southampton, England. The vessel on 
which A sails makes an intermediate stop during the course of such 
voyage at Boston to take on passengers. The vessel is not, however, 
authorized to discharge passengers at such port. No tax applies to the 
portion of the transportation between New York and Boston since under 
section 4264(f)(2) the vessel is not considered to have made a stop at 
Boston.
    Example (2). B purchases a steamship ticket in San Francisco for a 
voyage from San Francisco to Tokyo, Japan. The vessel on which B travels 
makes a stop at Honolulu, Hawaii, to discharge passengers. The vessel is 
also permitted to take on passengers in Honolulu. Since the vessel is 
permitted both to discharge and take on passengers at the stop in 
Honolulu, the portion of the transportation between San Francisco and 
Hawaii not excluded under section 4262(b) (i.e., the portion of such 
transportation between the pier in San Francisco and the three-mile 
limit off the coast of California and between the three-mile limit off 
the coast of Hawaii and the pier in Honolulu) is taxable under section 
4262(a)(2) as transportation from one port in the United States to 
another port in the United States.

    (c) Northern portion of the Western Hemisphere. For purposes of the 
regulations in this subpart, the term ``northern portion of the Western 
Hemisphere'' means the area lying west of the 30th meridian west of 
Greenwich, east of the International Date Line, and north of the 
equator, but not including any country of South America.

[T.D. 6430, 24 FR 9665, Dec. 3, 1959, as amended by T.D. 6618, 27 FR 
11227, Nov. 14, 1962]



                  Subpart E--Transportation of Property





Sec. 49.4271-1  Tax on transportation of property by air.

    (a) Purpose of this section. In general, section 4271 of the 
Internal Revenue Code of 1954, as added by the Airport and Airway 
Revenue Act of 1970, imposes a tax equal to 5 percent of the amount paid 
within or without the United States for the transportation of property 
by air which begins after June 30, 1970, if such transportation begins 
and ends in the United States. This section sets forth rules as to the 
general applicability of the tax. This section also sets forth rules as 
authorized by section 4272(b)(2) which exempt from tax payments for the 
transportation of property by air in the course of exportation 
(including shipment to a possession of the United States) by continuous 
movement, and in due course so exported.
    (b) Imposition of tax. (1) The tax imposed by section 4271 applies 
only to amounts paid to persons engaged in the business of transporting 
property by air for hire.
    (2) The tax imposed by section 4271 does not apply to amounts paid 
for the transportation of property by air if such transportation is 
furnished on an aircraft having a maximum certificated takeoff weight 
(as defined in section 4492(b)) of 6,000 pounds or less, unless such 
aircraft is operated on an established line. The tax imposed by section 
4271 also does not apply to any payment made by one member of an 
affiliated group (as defined in section 4282(b)) to another member of 
such group for services furnished in connection with the use of an 
aircraft if such aircraft is owned or leased by a member of the 
affiliated group and is not available for hire by persons who are not 
members of such group.

[[Page 287]]

    (3) Since the tax imposed by section 4271 applies only to amounts 
paid to persons engaged in the business of transporting property by air 
for hire, the tax applies to amounts paid to an air carrier by a freight 
forwarder or express company for the transportation of property by air. 
The tax does not apply to amounts paid by a shipper to a freight 
forwarder or express company.
    (c) Property exported or imported entirely by air. (1) The tax does 
not apply to amounts paid for transportation entirely by air which 
begins in the United States and ends outside the United States, or which 
begins outside the United States and ends in the United States. 
Transportation of property by air will be considered to begin and end at 
the points of origin and destination shown on a through airwaybill 
covering shipment of the property, even though there may be stopovers in 
the United States (such as, for example, to consolidate cargo at a 
``gateway'' city). If a through airwaybill is issued by a person other 
than a person engaged in the business of transporting property by air 
for hire (for example, by a freight forwarder), the air carrier may 
accept an air freight manifest listing the article to be shipped by 
weight and destination as evidence of the existence of a through 
airwaybill.
    (2) If a through airwaybill covering air transportation from its 
beginning in the United States to a foreign destination, or from its 
beginning abroad to a U.S. destination, has not been issued, then the 
export or import character of the shipment must be evidenced by a 
contract or other written evidence clearly showing the beginning point 
and ending point of the air transportation.
    (3) If a through airwaybill has been issued covering air 
transportation to a foreign destination, but the transportation 
nevertheless ends in the United States (for example, because the foreign 
consignee cancels the order before the shipment leaves a gateway city), 
then the amount paid for air transportation is taxable. In such a case 
the air carrier must collect the tax from the shipper or other person 
who paid for the air transportation.
    (4) Any transportation of property by air shipped by the Department 
of Defense through an aerial port of embarkation and debarkation on a 
U.S. Government bill of lading shall be considered to:
    (i) Begin in the United States and end outside the United States if 
the bill of lading states that the shipment is ``For Export'', or
    (ii) Begin outside the United States and end in the United States if 
the bill of lading states that the shipment is ``Imported by Air''.

If a U.S. Government bill of lading stating that a shipment is ``For 
Export'' has been issued but the shipment nevertheless ends in the 
United States, then the amount paid for air transportation is taxable. 
In such a case the Department of Defense shall notify the air carrier 
that the shipment is taxable and shall pay the tax to such carrier.
    (d) Exportation involving two or more modes of transportation. (1) 
Even though transportation of property by air begins and ends in the 
United States, the tax does not apply if the property is being 
transported in the course of exportation by continuous movement and in 
due course is so exported, provided the requirements of this paragraph 
are satisfied. For example, the tax does not apply to air transportation 
from Chicago to New York if the property is in the course of 
exportation, by continuous movement, by boat from New York to Europe and 
in due course is so exported. Delays caused by circumstances beyond the 
control of the shipper (such as labor disputes or natural disasters) 
will not interrupt continuous movement. Property arriving at a gateway 
city by air may be repacked or consolidated with other property without 
interrupting continuous movement.
    (2)(i) Continuous movement in the course of exportation shall be 
evidenced by (a) the execution of the Export Exemption Certificate, Form 
1363, and (b) proof that exportation has actually occurred.
    (ii) Form 1363 may be used in connection with a separate payment 
otherwise subject to tax or it may be used, with the permission of the 
district director, as a blanket exemption certificate by a person who 
expects to make

[[Page 288]]

payments for numerous export shipments over an indefinite period of 
time. If used in connection with a separate payment, the certificate 
shall be executed, in duplicate, by the shipper or other person making 
the payment subject to tax. Such person shall retain the duplicate with 
the shipping papers for at least 3 years from the last day of the month 
during which the shipment was made from the point of origin, and shall 
file the original with the carrier at the time of payment of the 
transportation charge. The carrier receiving the original certificate 
shall retain it along with the document showing payment of the 
transportation charge, for a period of at least 3 years from the last 
day of the month during which the shipment was made from the point of 
origin.
    (iii) Form 1363 may be used as a blanket exemption certificate by a 
person who demonstrates to the satisfaction of the district director 
that it is impracticable to execute a separate Form 1363 for each 
payment. Permission to execute a blanket exemption certificate shall be 
requested, in writing, from the district director for the district in 
which is located the principal place of business or principal office or 
agency of the shipper or other person seeking permission. If permission 
is granted a separate certificate shall be executed in duplicate, by the 
shipper or other person making the payments, for each air carrier to be 
used in making export shipments. Such person shall retain the duplicate 
together with all shipping papers, and shall file the original with the 
air carrier with or before payment of the first transportation charge to 
be covered by the certificate. The air carrier shall retain the original 
certificate together with all documents showing payment of the 
transportation charges. Permission to execute a blanket exemption 
certificate if granted, shall remain in force until withdrawn by the 
person who requested such permission or until withdrawn by the district 
director who granted such permission. Each person shall retain the 
certificate for at least 3 years after the last day of the month during 
which the final shipment covered by the certificate was made from the 
point of origin. Each person shall retain the shipping and payment 
documents for at least 3 years after the last day of the month during 
which the shipment was made from the point of origin.
    (3) The filing of a properly executed Form 1363 with the carrier 
suspends liability for the payment of the tax for a period of 6 months 
from the date of shipment from the point of origin. If the person who is 
liable for the tax has not provided evidence to the carrier of the 
actual exportation of a shipment within such period, then the temporary 
suspension of the liability for the payment of the tax ceases and the 
carrier shall collect the tax from the person who paid the carrier for 
the transportation charge. If, after collection of the tax by the 
carrier, proof of exportation is subsequently received by the carrier, 
credit or refund of the tax may be obtained under the terms set forth in 
section 6415 of the Internal Revenue Code of 1954.
    (4) Documentary evidence of the exportation of the property may 
consist of a copy of export bill of lading, memorandum from the captain 
of the vessel, customs official, or a foreign consignee, shipper's 
export declaration, or other evidence sufficient to establish that the 
property has actually been exported. The person making the payment 
subject to tax shall furnish the appropriate documentary evidence to the 
carrier, or a statement that he holds such documentary evidence. In the 
latter case, the statement must: (i) Certify that the property covered 
by the Export Exemption Certificate, Form 1363 was exported; (ii) 
identify the evidence of exportation; (iii) specify the foreign 
destination or the possession of the United States to which the property 
was shipped; and (iv) show the place where such evidence will be 
available for inspection by internal revenue officers. Any documentary 
evidence or statement, as the case may be, shall be retained by the 
carrier and the person making the payment subject to tax for a period of 
three years from the last day of the month during which the shipment was 
made from the point of origin. If the person making the payment subject 
to tax is not the actual exporter and is unable to obtain documentary 
evidence of exportation,

[[Page 289]]

such person shall obtain from the person having custody of the 
documentary evidence a statement containing the same facts as listed 
above for a statement furnished to the carrier by the person liable for 
the tax. The person making the payment subject to tax shall furnish the 
original of such statement to the carrier and shall retain a copy in his 
records. The statement shall be retained for the same three year period 
as the evidence of exportation is to be retained.
    (e) Definitions--(1) Property. The term ``property'' does not 
include excess baggage accompanying a passenger traveling on an aircraft 
operated on an established line.
    (2) Transportation. The term ``transportation'' includes layover or 
waiting time and movement of the aircraft in deadhead service.
    (3) Taxable transportation. The term ``taxable transportation'' is 
defined in section 4272.
    (f) Collection of tax. The tax imposed by section 4271 shall be paid 
by the person making the payment subject to tax and shall be collected 
by the person engaged in the business of transporting property by air 
for hire who receives such payment, except that in the case of amounts 
subject to tax which are paid by the U.S. Postal Service, the tax shall 
not be collected by the person engaged in the business of transporting 
property by air for hire who receives such payment, but instead shall be 
paid directly by such Service as if it were a collecting agent.

[T.D. 7054, 35 FR 12117, July 29, 1970, as amended by T.D. 7190, 37 FR 
12794, June 29, 1972; T.D. 7316, 39 FR 21126, June 19, 1974; T.D. 7517, 
42 FR 58935, Nov. 14, 1977; T.D. 7953, Redesignated and amended by T.D. 
8328, 56 FR 190, Jan 3, 1991; T.D. 8442, 57 FR 48186, Oct. 22, 1992]



        Subpart F--Collection of Tax By Persons Receiving Payment





Sec. 49.4291-1  Persons receiving payment must collect tax.

    Except as otherwise provided in section 4263(a), every person 
receiving any payment for facilities or services on which a tax is 
imposed upon the payor thereof under chapter 33 shall collect the amount 
of the tax from the person making that payment. Under section 7501, all 
taxes collected in this manner are held by the collecting agent in trust 
for the United States. If the person from whom the tax is required to be 
collected refuses to pay it or if for any reason it is impossible for 
the collecting agent to collect the tax from that person, the collecting 
agent is required to report to the district director the name and 
address of that person, the nature of the facility provided or service 
rendered, the amount paid therefore, and the date on which paid. Upon 
receipt of this information the district director will proceed against 
the person to whom the facilities were provided or the services rendered 
to assert the amount of tax due, affording that person the same district 
conference, protest, and appellate rights as are available to other 
excise taxpayers. In addition, when a field or office audit of a 
collecting agent's records, or of a taxpayer's records, discloses that 
the collecting agent failed during prior reporting periods to collect 
taxes due, the district director may assert those taxes directly against 
the person to whom the facilities were provided or the services 
rendered, whether or not the collecting agent had attempted collection 
or the person liable for the tax had refused payment thereof.

[T.D. 8685, 61 FR 58007, Nov. 12, 1996]
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                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected



[[Page 293]]



                    Table of CFR Titles and Chapters




                      (Revised as of April 1, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

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      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)

[[Page 295]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)

[[Page 296]]

     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)

[[Page 297]]

       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)

[[Page 298]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)

[[Page 299]]

      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

[[Page 300]]

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

[[Page 301]]

       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

[[Page 302]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

[[Page 303]]

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

[[Page 304]]

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)

[[Page 305]]

       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)

[[Page 306]]

         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)

[[Page 307]]

        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)

[[Page 308]]

       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 309]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of April 1, 1997)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I

[[Page 310]]

Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I

[[Page 311]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III

[[Page 312]]

Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301

[[Page 313]]

Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I

[[Page 314]]

  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI

[[Page 315]]

Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI

[[Page 316]]

President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
Special Trustee for American Indians, Office of   25, VII
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I

[[Page 317]]

  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 319]]

                                     

                                     



                   Table of OMB Control NumbersSecs. 



     PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

Sec. 602.101  OMB Control numbers.

    (a) Purpose. This part collects and displays the control numbers 
assigned to collections of information in Internal Revenue Service 
regulations by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1980. The Internal Revenue Service intends 
that this part (together with 26 CFR 601.9000) comply with the 
requirements of Secs. 1320.7(f), 1320.12, 1320.13, and 1320.14 of 5 CFR 
part 1320 (OMB regulations implementing the Paperwork Reduction Act), 
for the display of control numbers assigned by OMB to collections of 
information in Internal Revenue Service regulations. This part does not 
display control numbers assigned by the Office of Management and Budget 
to collections of information of the Bureau of Alcohol, Tobacco, and 
Firearms.
    (b) Cross-reference. For display of control numbers assigned by the 
Office of Management and Budget to Internal Revenue Service collections 
of information in the Statement of Procedural Rules (26 CFR part 601), 
see 26 CFR 601.9000.
    (c) Display.


------------------------------------------------------------------------
                                                             Current OMB
     CFR part or section where identified and described      control No.
------------------------------------------------------------------------
1.23-5.....................................................    1545-0074
1.25-1T....................................................    1545-0922
                                                               1545-0930
1.25-2T....................................................    1545-0922
                                                               1545-0930
1.25-3T....................................................    1545-0922
                                                               1545-0930
1.25-4T....................................................    1545-0922
1.25-5T....................................................    1545-0922
1.25-6T....................................................    1545-0922
1.25-7T....................................................    1545-0922
1.25-8T....................................................    1545-0922
1.28-1.....................................................    1545-0619
1.31-2.....................................................    1545-0074
1.32-2.....................................................    1545-0074
1.37-1.....................................................    1545-0074
1.37-3.....................................................    1545-0074
1.41-2.....................................................    1545-0619
1.41-3.....................................................    1545-0619
1.41-4A....................................................    1545-0074
1.41-4 (b) and (c).........................................    1545-0074
1.41-8(d)..................................................    1545-0732
1.41-9.....................................................    1545-0619
1.42-1T....................................................    1545-0984
                                                               1545-0988
1.42-2.....................................................    1545-1005
1.42-5.....................................................    1545-1291
1.42-6.....................................................    1545-1102
1.42-8.....................................................    1545-1102
1.42-10....................................................    1545-1102
1.42-13....................................................    1545-1357
1.42-14....................................................    1545-1423
1.43-3(a)(3)...............................................    1545-1292
1.43-3(b)(3)...............................................    1545-1292
1.44A-1....................................................    1545-0068
1.44A-3....................................................    1545-0074
1.44B-1....................................................    1545-0219
1.458-1....................................................    1545-0879
1.458-2....................................................    1545-0152
1.46-1.....................................................    1545-0123
                                                               1545-0155
1.46-3.....................................................    1545-0155
1.46-4.....................................................    1545-0155
1.46-5.....................................................    1545-0155
1.46-6.....................................................    1545-0155
1.46-8.....................................................    1545-0155
1.46-9.....................................................    1545-0155
1.46-10....................................................    1545-0118
1.46-11....................................................    1545-0155
1.47-1.....................................................    1545-0166
                                                               1545-0155
1.47-3.....................................................    1545-0166
                                                               1545-0155
1.47-4.....................................................    1545-0123
1.47-5.....................................................    1545-0092
1.47-6.....................................................    1545-0099
1.48-3.....................................................    1545-0155
1.48-4.....................................................    1545-0808
                                                               1545-0155
1.48-5.....................................................    1545-0155
1.48-6.....................................................    1545-0155
1.48-12....................................................    1545-0155
1.50A-1....................................................    1545-0895
1.50A-2....................................................    1545-0895
1.50A-3....................................................    1545-0895
1.50A-4....................................................    1545-0895
1.50A-5....................................................    1545-0895

[[Page 320]]

                                                                        
1.50A-6....................................................    1545-0895
1.50A-7....................................................    1545-0895
1.50B-1....................................................    1545-0895
1.50B-2....................................................    1545-0895
1.50B-3....................................................    1545-0895
1.50B-4....................................................    1545-0895
1.50B-5....................................................    1545-0895
1.51-1.....................................................    1545-0219
                                                               1545-0241
                                                               1545-0244
                                                               1545-0797
1.52-2.....................................................    1545-0219
1.52-3.....................................................    1545-0219
1.56-1.....................................................    1545-0123
1.56(g)-1..................................................    1545-1233
1.56A-1....................................................    1545-0227
1.56A-2....................................................    1545-0227
1.56A-3....................................................    1545-0227
1.56A-4....................................................    1545-0227
1.56A-5....................................................    1545-0227
1.57-5.....................................................    1545-0227
1.58-1.....................................................    1545-0175
1.58-9(c)(5)(iii)(B).......................................    1545-1093
1.58-9(e)(3)...............................................    1545-1093
1.61-2.....................................................    1545-0771
1.61-2T....................................................    1545-0771
1.61-4.....................................................    1545-0187
1.61-15....................................................    1545-0074
1.62-2.....................................................    1545-1148
1.63-1.....................................................    1545-0074
1.67-2T....................................................    1545-0110
1.67-3T....................................................    1545-0118
1.67-3.....................................................    1545-1018
1.71-1T....................................................    1545-0074
1.72-4.....................................................    1545-0074
1.72-6.....................................................    1545-0074
1.72-9.....................................................    1545-0074
1.72-17....................................................    1545-0074
1.72-17A...................................................    1545-0074
1.72-18....................................................    1545-0074
1.74-1.....................................................    1545-1100
1.79-2.....................................................    1545-0074
1.79-3.....................................................    1545-0074
1.83-2.....................................................    1545-0074
1.83-5.....................................................    1545-0074
1.83-6.....................................................    1545-1448
1.103-10...................................................    1545-0123
                                                               1545-0940
1.103-15AT.................................................    1545-0720
1.103-18...................................................    1545-1226
1.103(n)-2T................................................    1545-0874
1.103(n)-4T................................................    1545-0874
1.103A-2...................................................    1545-0720
1.105-4....................................................    1545-0074
1.105-5....................................................    1545-0074
1.105-6....................................................    1545-0074
1.108(a)-1.................................................    1545-0046
1.108(a)-2.................................................    1545-0046
1.108(c)-1.................................................    1545-1421
1.117-5....................................................    1545-0869
1.119-1....................................................    1545-0067
1.120-3....................................................    1545-0057
1.121-1....................................................    1545-0072
1.121-2....................................................    1545-0072
1.121-3....................................................    1545-0072
1.121-4....................................................    1545-0072
                                                               1545-0091
1.121-5....................................................    1545-0072
1.127-2....................................................    1545-0768
1.132-1T...................................................    1545-0771
1.132-2....................................................    1545-0771
1.132-2T...................................................    1545-0771
1.132-5....................................................    1545-0771
1.132-5T...................................................    1545-0771
                                                               1545-1098
1.141-1....................................................    1545-1451
1.141-12...................................................    1545-1451
1.142-2....................................................    1545-1451
1.148-0....................................................    1545-1098
1.148-1....................................................    1545-1098
1.148-2....................................................    1545-1098
                                                               1545-1347
1.148-3....................................................    1545-1098
                                                               1545-1347
1.148-4....................................................    1545-1098
                                                               1545-1347
1.148-5....................................................    1545-1098
1.148-6....................................................    1545-1098
                                                               1545-1451
1.148-7....................................................    1545-1098
1.148-7....................................................    1545-1347
1.148-8....................................................    1545-1098
1.148-11...................................................    1545-1098
1.148-11...................................................    1545-1347
1.149(e)-1.................................................    1545-0720
1.151-1....................................................    1545-0074
1.152-3....................................................    1545-0071
1.152-4....................................................    1545-0074
1.152-4T...................................................    1545-0074
1.162-1....................................................    1545-0139
1.162-2....................................................    1545-0139
1.162-3....................................................    1545-0139
1.162-4....................................................    1545-0139
1.162-5....................................................    1545-0139
1.162-6....................................................    1545-0139
1.162-7....................................................    1545-0139
1.162-8....................................................    1545-0139
1.162-9....................................................    1545-0139
1.162-10...................................................    1545-0139
1.162-11...................................................    1545-0139
1.162-12...................................................    1545-0139
1.162-13...................................................    1545-0139
1.162-14...................................................    1545-0139
1.162-15...................................................    1545-0139
1.162-16...................................................    1545-0139
1.162-17...................................................    1545-0139
1.162-18...................................................    1545-0139
1.162-19...................................................    1545-0139
1.162-20...................................................    1545-0139
1.162-27...................................................    1545-1466
1.163-5....................................................    1545-0786
                                                               1545-1132
1.163-8T...................................................    1545-0995
1.163-10T..................................................    1545-0074
1.163(d)-1.................................................    1545-1421
1.165-1....................................................    1545-0177
1.165-2....................................................    1545-0177
1.165-3....................................................    1545-0177
1.165-4....................................................    1545-0177
1.165-5....................................................    1545-0177
1.165-6....................................................    1545-0177
1.165-7....................................................    1545-0177
1.165-8....................................................    1545-0177
1.165-9....................................................    1545-0177
1.165-10...................................................    1545-0177
1.165-11...................................................    1545-0074
                                                               1545-0177
                                                               1545-0786
1.165-12...................................................    1545-0786
1.166-1....................................................    1545-0123
1.166-2....................................................    1545-1254
1.166-4....................................................    1545-0123
1.166-10...................................................    1545-0123
1.167(a)-5T................................................    1545-1021

[[Page 321]]

                                                                        
1.167(a)-7.................................................    1545-0172
1.167(a)-11................................................    1545-0152
                                                               1545-0172
1.167(a)-12................................................    1545-0172
1.167(d)-1.................................................    1545-0172
1.167(e)-1.................................................    1545-0172
1.167(f)-11................................................    1545-0172
1.167(l)-1.................................................    1545-0172
1.168(d)-1.................................................    1545-1146
1.168(f)(8)-1T.............................................    1545-0923
1.168(i)-1.................................................    1545-1331
1.168-5....................................................    1545-0172
1.169-4....................................................    1545-0172
1.170-1....................................................    1545-0074
1.170-2....................................................    1545-0074
1.170-3....................................................    1545-0123
1.170A-1...................................................    1545-0074
1.170A-2...................................................    1545-0074
1.170A-4(A)(b).............................................    1545-0123
1.170A-8...................................................    1545-0074
1.170A-9...................................................    1545-0052
                                                               1545-0074
1.170A-11..................................................    1545-0123
                                                               1545-0074
1.170A-12..................................................    1545-0020
                                                               1545-0074
1.170A-13..................................................    1545-0074
                                                               1545-0754
                                                               1545-0908
                                                               1545-1431
1.170A-13(f)...............................................    1545-1464
1.170A-14..................................................    1545-0763
1.171-3....................................................    1545-0172
1.172-1....................................................    1545-0172
1.172-13...................................................    1545-0863
1.173-1....................................................    1545-0172
1.174-3....................................................    1545-0152
1.174-4....................................................    1545-0152
1.175-3....................................................    1545-0187
1.175-6....................................................    1545-0152
1.177-1....................................................    1545-0172
1.179-2....................................................    1545-1201
1.179-3....................................................    1545-1201
1.179-5....................................................    1545-0172
1.180-2....................................................    1545-0074
1.182-6....................................................    1545-0074
1.183-1....................................................    1545-0195
1.183-2....................................................    1545-0195
1.183-3....................................................    1545-0195
1.183-4....................................................    1545-0195
1.190-3....................................................    1545-0074
1.194-2....................................................    1545-0735
1.194-4....................................................    1545-0735
1.197-1T...................................................    1545-1425
1.213-1....................................................    1545-0074
1.215-1T...................................................    1545-0074
1.217-2....................................................    1545-0182
1.243-3....................................................    1545-0123
1.243-4....................................................    1545-0123
1.243-5....................................................    1545-0123
1.248-1....................................................    1545-0172
1.261-1....................................................    1545-1041
1.263(e)-1.................................................    1545-0123
1.263A-1...................................................    1545-0987
1.263A-1T..................................................    1545-0187
1.263A-2...................................................    1545-0987
1.263A-3...................................................    1545-0987
                                                               1545-0987
1.263A-8(b)(2)(iii)........................................    1545-1265
1.263A-9(d)(1).............................................    1545-1265
1.263A-9(f)(1)(ii).........................................    1545-1265
1.263A-9(f)(2)(iv).........................................    1545-1265
1.263A-9(g)(2)(iv)(C)......................................    1545-1265
1.263A-9(g)(3)(iv).........................................    1545-1265
1.265-1....................................................    1545-0074
1.265-2....................................................    1545-0123
1.266-1....................................................    1545-0123
1.267(f)-1.................................................    1545-0885
1.268-1....................................................    1545-0184
1.274-1....................................................    1545-0139
1.274-2....................................................    1545-0139
1.274-3....................................................    1545-0139
1.274-4....................................................    1545-0139
1.274-5A...................................................    1545-0139
                                                               1545-0771
1.274-5T...................................................    1545-0074
                                                               1545-0172
                                                               1545-0771
1.274-6....................................................    1545-0139
                                                               1545-0771
1.274-6T...................................................    1545-0074
                                                               1545-0771
1.274-7....................................................    1545-0139
1.274-8....................................................    1545-0139
1.279-6....................................................    1545-0123
1.280C-4...................................................    1545-1155
1.280F-3T..................................................    1545-0074
1.281-4....................................................    1545-0123
1.302-4....................................................    1545-0074
1.305-3....................................................    1545-0123
1.305-5....................................................    1545-1438
1.307-2....................................................    1545-0074
1.312-15...................................................    1545-0172
1.316-1....................................................    1545-0123
1.331-1....................................................    1545-0074
1.332-4....................................................    1545-0123
1.332-6....................................................    1545-0123
1.337(d)-1.................................................    1545-1160
1.337(d)-2.................................................    1545-1160
1.338-1....................................................    1545-1295
1.338(b)-1.................................................    1545-1295
1.338(h)(10)-1.............................................    1545-1295
1.341-7....................................................    1545-0123
1.351-3....................................................    1545-0074
1.355-5....................................................    1545-0123
1.362-2....................................................    1545-0123
1.367(a)-1T................................................    1545-0026
1.367(a)-2T................................................    1545-0026
1.367(a)-3.................................................    1545-0026
                                                               1545-1478
1.367(a)-3T................................................    1545-0026
1.367(a)-6T................................................    1545-0026
1.367(d)-1T................................................    1545-0026
1.367(e)-1T................................................    1545-1487
1.367(e)-2T................................................    1545-1124
1.368-3....................................................    1545-0123
1.371-1....................................................    1545-0123
1.371-2....................................................    1545-0123
1.374-3....................................................    1545-0123
1.381(b)-1.................................................    1545-0123
1.381(c)(4)-1..............................................    1545-0123
                                                               1545-0152
                                                               1545-0879
1.381(c)(5)-1..............................................    1545-0123
                                                               1545-0152
1.381(c)(6)-1..............................................    1545-0123
                                                               1545-0152
1.381(c)(8)-1..............................................    1545-0123
1.381(c)(10)-1.............................................    1545-0123
1.381(c)(11)-1(k)..........................................    1545-0123
1.381(c)(13)-1.............................................    1545-0123
1.381(c)(17)-1.............................................    1545-0045
1.381(c)(25)-1.............................................    1545-0045
1.382-1T...................................................    1545-0123

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1.382-2....................................................    1545-0123
1.382-2T...................................................    1545-0123
1.382-3....................................................    1545-1281
                                                               1545-1345
1.382-4....................................................    1545-1120
1.382-6....................................................    1545-1381
1.382-8T...................................................    1545-1437
1.382-9....................................................    1545-1260
                                                               1545-1120
                                                               1545-1275
                                                               1545-1324
1.382-91...................................................    1545-1260
                                                               1545-1324
1.383-1....................................................    1545-0074
                                                               1545-1120
1.401(a)-11................................................    1545-0710
1.401(a)-20................................................    1545-0928
1.401(a)-31................................................    1545-1341
1.401(a)-50................................................    1545-0710
1.401(a)(31)-1.............................................    1545-1341
1.401(b)-1.................................................    1545-0197
1.401(f)-1.................................................    1545-0710
1.401(k)-1.................................................    1545-1039
                                                               1545-1069
1.401-1....................................................    1545-0020
                                                               1545-0197
                                                               1545-0200
                                                               1545-0534
                                                               1545-0710
1.401-12(n)................................................    1545-0806
1.401-14...................................................    1545-0710
1.402(c)-2.................................................    1545-1341
1.402(f)-1.................................................    1545-1341
1.403(b)-1.................................................    1545-0710
1.403(b)-2.................................................    1545-1341
1.404(a)-4.................................................    1545-0710
1.404(a)-12................................................    1545-0710
1.404A-2...................................................    1545-0123
1.404A-6...................................................    1545-0123
1.408-2....................................................    1545-0390
1.408-5....................................................    1545-0747
1.408-6....................................................    1545-0203
                                                               1545-0390
1.408-7....................................................    1545-0119
1.410(a)-2.................................................    1545-0710
1.410(d)-1.................................................    1545-0710
1.411(a)-11T...............................................    1545-1471
1.411(d)-6T................................................    1545-1477
1.412(b)-5.................................................    1545-0710
1.412(c)(1)-2..............................................    1545-0710
1.412(c)(2)-1..............................................    1545-0710
1.412(c)(3)-2..............................................    1545-0710
1.414(c)-5.................................................    1545-0797
1.414(r)-1.................................................    1545-1221
1.415-2....................................................    1545-0710
1.415-6....................................................    1545-0710
1.417(e)-1T................................................    1545-1471
1.441-3T...................................................    1545-0134
1.442-1....................................................    1545-0074
                                                               1545-0123
                                                               1545-0134
                                                               1545-0152
1.442-2T...................................................    1545-0134
1.442-3T...................................................    1545-0134
1.443-1....................................................    1545-0123
1.444-3T...................................................    1545-1036
1.446-1....................................................    1545-0074
                                                               1545-0152
1.446-4(d).................................................    1545-1412
1.448-1(g).................................................    1545-0152
1.448-1(h).................................................    1545-0152
1.448-1(i).................................................    1545-0152
1.448-2T...................................................    1545-0152
1.451-1....................................................    1545-0091
1.451-3....................................................    1545-0152
                                                               1545-0736
1.451-4....................................................    1545-0123
1.451-5....................................................    1545-0074
1.451-6....................................................    1545-0074
1.451-7....................................................    1545-0074
1.453-1....................................................    1545-0152
1.453-2....................................................    1545-0152
1.453-8....................................................    1545-0152
                                                               1545-0228
1.453-10...................................................    1545-0152
1.453A-1...................................................    1545-0152
                                                               1545-1134
1.453A-2...................................................    1545-0152
                                                               1545-1134
1.453A-3...................................................    1545-0963
1.454-1....................................................    1545-0074
1.455-2....................................................    1545-0152
1.455-6....................................................    1545-0123
1.456-2....................................................    1545-0123
1.456-6....................................................    1545-0123
1.456-7....................................................    1545-0123
1.458-1....................................................    1545-0879
1.458-2....................................................    1545-0152
1.460-6....................................................    1545-1031
1.461-1....................................................    1545-0074
1.461-2....................................................    1545-0096
1.461-4....................................................    1545-0917
1.461-5....................................................    1545-0917
1.463-1T...................................................    1545-0916
1.465-1T...................................................    1545-0712
1.466-1T...................................................    1545-0152
1.466-4....................................................    1545-0152
1.468A-3...................................................    1545-1269
                                                               1545-1378
1.468A-4...................................................    1545-0954
1.468A-7...................................................    1545-0954
1.468A-8...................................................    1545-1269
1.468B-1(j)................................................    1545-1299
1.468B-2(k)................................................    1545-1299
1.468B-2(l)................................................    1545-1299
1.468B-3(b)................................................    1545-1299
1.468B-3(e)................................................    1545-1299
1.468B-5(b)................................................    1545-1299
1.469-1....................................................    1545-1008
1.469-2T...................................................    1545-0712
                                                               1545-1091
1.469-4T...................................................    1545-0985
                                                               1545-1037
1.471-2....................................................    1545-0123
1.471-5....................................................    1545-0123
1.471-6....................................................    1545-0123
1.471-8....................................................    1545-0123
1.471-11...................................................    1545-0123
                                                               1545-0152
1.472-1....................................................    1545-0042
                                                               1545-0152
1.472-2....................................................    1545-0152
1.472-3....................................................    1545-0042
1.472-5....................................................    1545-0152
1.472-8....................................................    1545-0028
                                                               1545-0042
1.475(b)-4.................................................    1545-1496
1.481-4....................................................    1545-0152
1.481-5....................................................    1545-0152
1.482-1....................................................    1545-1364
1.482-4....................................................    1545-1364
1.482-7....................................................    1545-1364
1.501(a)-1.................................................    1545-0056
                                                               1545-0057

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1.501(c)(3)-1..............................................    1545-0056
1.501(c)(9)-5..............................................    1545-0047
1.501(c)(17)-3.............................................    1545-0047
1.501(e)-1.................................................    1545-0814
1.503(c)-1.................................................    1545-0047
                                                               1545-0052
1.505(c)-1T................................................    1545-0916
1.507-1....................................................    1545-0052
1.507-2....................................................    1545-0052
1.508-1....................................................    1545-0052
                                                               1545-0056
1.509(a)-3.................................................    1545-0047
1.509(a)-5.................................................    1545-0047
1.509(c)-1.................................................    1545-0052
1.512(a)-1.................................................    1545-0687
1.512(a)-4.................................................    1545-0047
                                                               1545-0687
1.521-1....................................................    1545-0051
                                                               1545-0058
1.527-2....................................................    1545-0129
1.527-5....................................................    1545-0129
1.527-6....................................................    1545-0129
1.527-9....................................................    1545-0129
1.528-8....................................................    1545-0127
1.533-2....................................................    1545-0123
1.534-2....................................................    1545-0123
1.542-3....................................................    1545-0123
1.545-2....................................................    1545-0123
1.545-3....................................................    1545-0123
1.547-2....................................................    1545-0045
                                                               1545-0123
1.547-3....................................................    1545-0123
1.551-4....................................................    1545-0074
1.552-3....................................................    1545-0099
1.552-4....................................................    1545-0099
1.552-5....................................................    1545-0099
1.556-2....................................................    1545-0704
1.561-1....................................................    1545-0044
1.561-2....................................................    1545-0123
1.562-3....................................................    1545-0123
1.563-2....................................................    1545-0123
1.564-1....................................................    1545-0123
1.565-1....................................................    1545-0043
                                                               1545-0123
1.565-2....................................................    1545-0043
1.565-3....................................................    1545-0043
1.565-5....................................................    1545-0043
1.565-6....................................................    1545-0043
1.585-1....................................................    1545-0123
1.585-3....................................................    1545-0123
1.585-8....................................................    1545-1290
1.586-2....................................................    1545-0123
1.593-1....................................................    1545-0123
1.593-6....................................................    1545-0123
1.593-6A...................................................    1545-0123
1.593-7....................................................    1545-0123
1.595-1....................................................    1545-0123
1.597-2....................................................    1545-1300
1.597-4....................................................    1545-1300
1.597-6....................................................    1545-1300
1.597-7....................................................    1545-1300
1.611-2....................................................    1545-0099
1.611-3....................................................    1545-0007
                                                               1545-0099
1.612-4....................................................    1545-0074
1.612-5....................................................    1545-0099
1.613-3....................................................    1545-0099
1.613-4....................................................    1545-0099
1.613-6....................................................    1545-0099
1.613-7....................................................    1545-0099
1.613A-3...................................................    1545-0919
1.613A-3(e)................................................    1545-1251
1.613A-3(l)................................................    1545-0919
1.613A-5...................................................    1545-0099
1.613A-6...................................................    1545-0099
1.614-2....................................................    1545-0099
1.614-3....................................................    1545-0099
1.614-5....................................................    1545-0099
1.614-6....................................................    1545-0099
1.614-8....................................................    1545-0099
1.617-1....................................................    1545-0099
1.617-3....................................................    1545-0099
1.617-4....................................................    1545-0099
1.631-1....................................................    1545-0007
1.631-2....................................................    1545-0007
1.641(b)-2.................................................    1545-0092
1.642(c)-1.................................................    1545-0092
1.642(c)-2.................................................    1545-0092
1.642(c)-5.................................................    1545-0074
1.642(c)-6.................................................    1545-0020
                                                               1545-0074
                                                               1545-0092
1.642(g)-1.................................................    1545-0092
1.642(i)-1.................................................    1545-0092
1.663(b)-2.................................................    1545-0092
1.664-1....................................................    1545-0196
1.664-2....................................................    1545-0196
1.664-3....................................................    1545-0196
1.664-4....................................................    1545-0020
                                                               1545-0196
1.665(a)-0A through                                                     
1.665(g)-2A................................................    1545-0192
1.666(d)-1A................................................    1545-0092
1.671-4....................................................    1545-1442
1.701-1....................................................    1545-0099
1.702-1....................................................    1545-0074
1.703-1....................................................    1545-0099
1.704-2....................................................    1545-1090
1.706-1....................................................    1545-0099
                                                               1545-0074
                                                               1545-0134
1.706-1T...................................................    1545-0099
1.707-3(c)(2)..............................................    1545-1243
1.707-5(a)(7)(ii)..........................................    1545-1243
1.707-6(c).................................................    1545-1243
1.707-8....................................................    1545-1243
1.708-1....................................................    1545-0099
1.732-1....................................................    1545-0099
1.736-1....................................................    1545-0074
1.743-1....................................................    1545-0074
1.751-1....................................................    1545-0074
                                                               1545-0099
                                                               1545-0941
1.752-5....................................................    1545-1090
1.754-1....................................................    1545-0099
1.755-1....................................................    1545-0099
1.755-2T...................................................    1545-1021
1.761-2....................................................    1545-1338
1.801-1....................................................    1545-0123
                                                               1545-0128
1.801-3....................................................    1545-0123
1.801-5....................................................    1545-0128
1.801-8....................................................    1545-0128
1.804-4....................................................    1545-0128
1.811-2....................................................    1545-0128
1.812-2....................................................    1545-0128
1.815-6....................................................    1545-0128
1.818-4....................................................    1545-0128
1.818-5....................................................    1545-0128
1.818-8....................................................    1545-0128
1.819-2....................................................    1545-0128
1.821-1....................................................    1545-1027
1.821-3....................................................    1545-1027
1.821-4....................................................    1545-1027

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1.822-5....................................................    1545-1027
1.822-6....................................................    1545-1027
1.822-8....................................................    1545-1027
1.822-9....................................................    1545-1027
1.823-2....................................................    1545-1027
1.823-5....................................................    1545-1027
1.823-6....................................................    1545-1027
1.825-1....................................................    1545-1027
1.826-1....................................................    1545-1027
1.826-2....................................................    1545-1027
1.826-3....................................................    1545-1027
1.826-4....................................................    1545-1027
1.826-6....................................................    1545-1027
1.831-3....................................................    1545-0123
1.831-4....................................................    1545-0123
1.832-4....................................................    1545-1227
1.832-5....................................................    1545-0123
1.848-2(g)(8)..............................................    1545-1287
1.848-2(h)(3)..............................................    1545-1287
1.848-2(i)(4)..............................................    1545-1287
1.851-2....................................................    1545-1010
1.851-4....................................................    1545-0123
1.852-1....................................................    1545-0123
1.852-4....................................................    1545-0123
                                                               1545-0145
1.852-6....................................................    1545-0123
                                                               1545-0144
1.852-7....................................................    1545-0074
1.852-9....................................................    1545-0074
                                                               1545-0123
                                                               1545-0144
                                                               1545-0145
1.852-11...................................................    1545-1094
1.853-3....................................................    1545-0123
1.853-4....................................................    1545-0123
1.854-2....................................................    1545-0123
1.855-1....................................................    1545-0123
1.856-2....................................................    1545-0123
                                                               1545-1004
1.856-6....................................................    1545-0123
1.856-7....................................................    1545-0123
1.856-8....................................................    1545-0123
1.857-8....................................................    1545-0123
1.857-9....................................................    1545-0074
1.858-1....................................................    1545-0123
1.860-2....................................................    1545-0045
1.860-4....................................................    1545-0045
                                                               1545-1054
                                                               1545-1057
1.860E-2(a)(5).............................................    1545-1276
1.860E-2(a)(7).............................................    1545-1276
1.860E-2(b)(2).............................................    1545-1276
1.861-2....................................................    1545-0089
1.861-3....................................................    1545-0089
1.861-8....................................................    1545-0126
1.861-8(e)(6) and (g)......................................    1545-1224
1.861-9T...................................................    1545-0121
                                                               1545-1072
1.863-1....................................................    1545-1476
1.863-3....................................................    1545-1467
1.863-3A...................................................    1545-0126
1.863-4....................................................    1545-0126
1.863-7....................................................    1545-0132
1.864-4....................................................    1545-0126
1.871-1....................................................    1545-0096
1.871-6....................................................    1545-0795
1.871-7....................................................    1545-0089
1.871-10...................................................    1545-0089
                                                               1545-0165
1.874-1....................................................    1545-0089
1.881-4....................................................    1545-1440
1.882-4....................................................    1545-0126
1.884-0....................................................    1545-1070
1.884-1....................................................    1545-1070
1.884-2....................................................    1545-1070
1.884-2T...................................................    1545-0126
                                                               1545-1070
1.884-4....................................................    1545-1070
1.884-5....................................................    1545-1070
1.892-1T...................................................    1545-1053
1.892-2T...................................................    1545-1053
1.892-3T...................................................    1545-1053
1.892-4T...................................................    1545-1053
1.892-5T...................................................    1545-1053
1.892-6T...................................................    1545-1053
1.892-7T...................................................    1545-1053
1.897-2....................................................    1545-0123
                                                               1545-0902
1.897-3....................................................    1545-0123
1.897-5T...................................................    1545-0902
1.897-6T...................................................    1545-0902
1.901-2....................................................    1545-0746
1.901-2A...................................................    1545-0746
1.901-3....................................................    1545-0122
1.902-1....................................................    1545-0122
                                                               1545-1458
1.904-1....................................................    1545-0121
                                                               1545-0122
1.904-2....................................................    1545-0121
                                                               1545-0122
1.904-3....................................................    1545-0121
1.904-4....................................................    1545-0121
1.904-5....................................................    1545-0121
1.904(f)-1.................................................    1545-0121
                                                               1545-0122
1.904(f)-2.................................................    1545-0121
1.904(f)-3.................................................    1545-0121
1.904(f)-4.................................................    1545-0121
1.904(f)-5.................................................    1545-0121
1.904(f)-6.................................................    1545-0121
1.904(f)-7.................................................    1545-1127
1.905-2....................................................    1545-0122
1.905-3T...................................................    1545-1056
1.905-4T...................................................    1545-1056
1.905-5T...................................................    1545-1056
1.911-1....................................................    1545-0067
                                                               1545-0070
1.911-2....................................................    1545-0067
                                                               1545-0070
1.911-3....................................................    1545-0067
                                                               1545-0070
1.911-4....................................................    1545-0067
                                                               1545-0070
1.911-5....................................................    1545-0067
                                                               1545-0070
1.911-6....................................................    1545-0067
                                                               1545-0070
1.911-7....................................................    1545-0067
                                                               1545-0070
1.913-13...................................................    1545-0067
1.921-1T...................................................    1545-0190
                                                               1545-0884
                                                               1545-0935
                                                               1545-0939
1.921-2....................................................    1545-0884
1.921-3T...................................................    1545-0935
1.923-1T...................................................    1545-0935
1.924(a)-1T................................................    1545-0935
1.925(a)-1T................................................    1545-0935
1.925(b)-1T................................................    1545-0935
1.926(a)-1T................................................    1545-0935
1.927(a)-1T................................................    1545-0935
1.927(b)-1T................................................    1545-0935
1.927(d)-1.................................................    1545-0884

[[Page 325]]

                                                                        
1.927(d)-2T................................................    1545-0935
1.927(e)-1T................................................    1545-0935
1.927(e)-2T................................................    1545-0935
1.927(f)-1.................................................    1545-0884
1.931-1....................................................    1545-0074
                                                               1545-0123
1.934-1....................................................    1545-0782
1.935-1....................................................    1545-0074
                                                               1545-0087
                                                               1545-0803
1.936-1....................................................    1545-0215
                                                               1545-0217
1.936-4....................................................    1545-0215
1.936-5....................................................    1545-0704
1.936-6....................................................    1545-0215
1.936-7....................................................    1545-0215
1.936-10(c)................................................    1545-1138
1.952-2....................................................    1545-0126
1.953-2....................................................    1545-0126
1.954-1....................................................    1545-1068
1.954-2....................................................    1545-1068
1.955-2....................................................    1545-0123
1.955-3....................................................    1545-0123
1.955A-2...................................................    1545-0755
1.955A-3...................................................    1545-0755
1.956-1....................................................    1545-0704
1.956-2....................................................    1545-0704
1.959-1....................................................    1545-0704
1.959-2....................................................    1545-0704
1.960-1....................................................    1545-0122
1.962-2....................................................    1545-0704
1.962-3....................................................    1545-0704
1.962-4....................................................    1545-0704
1.964-1....................................................    1545-0126
                                                               1545-0704
                                                               1545-1072
1.964-3....................................................    1545-0126
1.970-2....................................................    1545-0126
1.985-2....................................................    1545-1051
                                                               1545-1131
1.985-3....................................................    1545-1051
1.988-0....................................................    1545-1131
1.988-1....................................................    1545-1131
1.988-2....................................................    1545-1131
1.988-3....................................................    1545-1131
1.988-4....................................................    1545-1131
1.988-5....................................................    1545-1131
1.992-1....................................................    1545-0190
                                                               1545-0938
1.992-2....................................................    1545-0190
                                                               1545-0884
                                                               1545-0938
1.992-3....................................................    1545-0190
                                                               1545-0938
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1.1015-1...................................................    1545-0020
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1.1031(d)-1T...............................................    1545-1021
1.1033(a)-2................................................    1545-0184
1.1033(g)-1................................................    1545-0184
1.1034-1...................................................    1545-0072
1.1039-1...................................................    1545-0184
1.1041-1T..................................................    1545-0074
1.1042-1T..................................................    1545-0916
1.1044(a)-1................................................    1545-1421
1.1060-1T..................................................    1545-1021
1.1071-1...................................................    1545-0184
1.1071-4...................................................    1545-0184
1.1081-4...................................................    1545-0028
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1.1081-11..................................................    1545-0074
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1.1082-1...................................................    1545-0046
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1.1082-6...................................................    1545-0046
1.1083-1...................................................    1545-0123
1.1092(b)-1T...............................................    1545-0644
1.1092(b)-2T...............................................    1545-0644
1.1092(b)-3T...............................................    1545-0644
1.1092(b)-4T...............................................    1545-0644
1.1092(b)-5T...............................................    1545-0644
1.1211-1...................................................    1545-0074
1.1212-1...................................................    1545-0074
1.1221-2...................................................    1545-1403
1.1221-2(d)(2)(iv).........................................    1545-1480
1.1221-2(e)(5).............................................    1545-1480
1.1221-2(g)(5)(ii).........................................    1545-1480
1.1221-2(g)(6)(ii).........................................    1545-1480
1.1221-2(g)(6)(iii)........................................    1545-1480
1.1221-2T(c)...............................................    1545-1403
1.1231-1...................................................    1545-0177
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1.1244(e)-1................................................    1545-0123
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1.1252-2...................................................    1545-0184
1.1254-1(c)(3).............................................    1545-1352
1.1254-4...................................................    1545-1493
1.1254-5(d)(2).............................................    1545-1352
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1.1273-2(h)(2).............................................    1545-1353
1.1274-3(d)................................................    1545-1353
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1.1274A-1(c)...............................................    1545-1353
1.1275-2...................................................    1545-1450
1.1275-3...................................................    1545-0887
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1.1294-1T..................................................    1545-1002
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1.1311(a)-1................................................    1545-0074
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1.1367-1(f)................................................    1545-1139
1.1368-1(f)(2).............................................    1545-1139
1.1368-1(f)(3).............................................    1545-1139
1.1368-1(f)(4).............................................    1545-1139
1.1368-1(g)(2).............................................    1545-1139
1.1374-1A..................................................    1545-0130
1.1377-1...................................................    1545-1462
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1.1402(a)-2................................................    1545-0074
1.1402(a)-5................................................    1545-0074
1.1402(a)-11...............................................    1545-0074
1.1402(a)-15...............................................    1545-0074
1.1402(a)-16...............................................    1545-0074
1.1402(b)-1................................................    1545-0171
1.1402(c)-2................................................    1545-0074
1.1402(e)(1)-1.............................................    1545-0074
1.1402(e)(2)-1.............................................    1545-0074
1.1402(e)-1A...............................................    1545-0168
1.1402(e)-2A...............................................    1545-0168
1.1402(e)-3A...............................................    1545-0168
1.1402(e)-4A...............................................    1545-0168
1.1402(e)-5A...............................................    1545-0168
1.1402(f)-1................................................    1545-0074
1.1402(h)-1................................................    1545-0064
1.1441-2...................................................    1545-0795
1.1441-3...................................................    1545-0165
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1.1445-9T..................................................    1545-0902
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1.1502-21T.................................................    1545-1237
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1.1502-77T.................................................    1545-1046
1.1502-78..................................................    1545-0582
1.1502-95T.................................................    1545-1218
1.1503-2A..................................................    1545-1083
1.1552-1...................................................    1545-0123
1.1561-3...................................................    1545-0123
1.1563-1...................................................    1545-0123
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1.6015(a)-1................................................    1545-0087
1.6015(b)-1................................................    1545-0087
1.6015(d)-1................................................    1545-0087
1.6015(e)-1................................................    1545-0087
1.6015(f)-1................................................    1545-0087
1.6015(g)-1................................................    1545-0087
1.6015(h)-1................................................    1545-0087
1.6015(i)-1................................................    1545-0087
1.6017-1...................................................    1545-0074
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1.6031(b)-1T...............................................    1545-0099
1.6031(c)-1T...............................................    1545-0099
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1.6038-2...................................................    1545-0704
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1.6038A-2..................................................    1545-1191
1.6038A-3..................................................    1545-1191
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1.6038B-1T.................................................    1545-0026
1.6039-2...................................................    1545-0820
1.6041-1...................................................    1545-0008
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1.6041-2...................................................    1545-0008
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1.6041-6...................................................    1545-0008
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1.6045-2...................................................    1545-0115
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1.6050H-2..................................................    1545-0901
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1.6050H-1T.................................................    1545-0901
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1.6050J-1T.................................................    1545-0877
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1.6050P-1..................................................    1545-1419
1.6050P-1T.................................................    1545-1419
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1.6655(e)-1................................................    1545-1421
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1.6661-4...................................................    1545-0739
1.6662-3(c)................................................    1545-0889
1.6662-4(e) and (f)........................................    1545-0889
1.6662-6...................................................    1545-1426
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1.6694-2(c)................................................    1545-1231
1.6694-3(e)................................................    1545-1231
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3.2........................................................    1545-0123
4.954-1....................................................    1545-1068
4.954-2....................................................    1545-1068
5.6411-1...................................................    1545-0098
                                                               1545-0582
                                                               1545-0042
                                                               1545-0074
                                                               1545-0129
                                                               1545-0172
                                                               1545-0619
5c.44F-1...................................................    1545-0619
5c.128-1...................................................    1545-0123
5c.168(f)(8)-1.............................................    1545-0123
5c.168(f)(8)-2.............................................    1545-0123
5c.168(f)(8)-6.............................................    1545-0123
5c.168(f)(8)-8.............................................    1545-0123
5c.305-1...................................................    1545-0110
5c.442-1...................................................    1545-0152
5f.103-1...................................................    1545-0720
5f.103-3...................................................    1545-0720
5f.6045-1..................................................    1545-0715
6a.103A-2..................................................    1545-0123
                                                               1545-0720
6a.103A-3..................................................    1545-0720
7.367(b)-1.................................................    1545-0026
7.367(b)-3.................................................    1545-0026
7.367(b)-7.................................................    1545-0026
7.367(b)-9.................................................    1545-0026
7.367(b)-10................................................    1545-0026
7.465-1....................................................    1545-0712
7.465-2....................................................    1545-0712
7.465-3....................................................    1545-0712
7.465-4....................................................    1545-0712
7.465-5....................................................    1545-0712
7.936-1....................................................    1545-0217
7.999-1....................................................    1545-0216
7.6039A-1..................................................    1545-0015
7.6041-1...................................................    1545-0115
11.410-1...................................................    1545-0710
11.412(c)-7................................................    1545-0710
11.412(c)-11...............................................    1545-0710
12.7.......................................................    1545-0190
12.8.......................................................    1545-0191
12.9.......................................................    1545-0195
14a.422A-1.................................................    1545-0123
15A.453-1..................................................    1545-0228
16.3-1.....................................................    1545-0159
16A.126-2..................................................    1545-0074
16A.1255-1.................................................    1545-0184
16A.1255-2.................................................    1545-0184
18.1371-1..................................................    1545-0130
18.1378-1..................................................    1545-0130
18.1379-1..................................................    1545-0130
18.1379-2..................................................    1545-0130
20.2011-1..................................................    1545-0015
20.2014-5..................................................    1545-0015
                                                               1545-0260
20.2014-6..................................................    1545-0015
20.2016-1..................................................    1545-0015
20.2031-2..................................................    1545-0015
20.2031-3..................................................    1545-0015
20.2031-4..................................................    1545-0015
20.2031-6..................................................    1545-0015
20.2031-7..................................................    1545-0020
20.2031-10.................................................    1545-0015
20.2032-1..................................................    1545-0015
20.2032A-3.................................................    1545-0015
20.2032A-4.................................................    1545-0015
20.2032A-8.................................................    1545-0015
20.2039-4..................................................    1545-0015
20.2051-1..................................................    1545-0015
20.2053-3..................................................    1545-0015
20.2053-9..................................................    1545-0015
20.2053-10.................................................    1545-0015
20.2055-1..................................................    1545-0015
20.2055-2..................................................    1545-0015
                                                               1545-0092
20.2055-3..................................................    1545-0015
20.2056(b)-4...............................................    1545-0015
20.2056(b)-7...............................................    1545-0015
20.2056A-2.................................................    1545-1443
20.2056A-3.................................................    1545-1360
20.2056A-4.................................................    1545-1360
20.2056A-10................................................    1545-1360
20.2106-1..................................................    1545-0015
20.2106-2..................................................    1545-0015
20.2204-1..................................................    1545-0015
20.2204-2..................................................    1545-0015
20.6001-1..................................................    1545-0015
20.6011-1..................................................    1545-0015
20.6018-1..................................................    1545-0015
                                                               1545-0531
20.6018-2..................................................    1545-0015
20.6018-3..................................................    1545-0015
20.6018-4..................................................    1545-0015
                                                               1545-0022
20.6036-2..................................................    1545-0015
20.6061-1..................................................    1545-0015
20.6065-1..................................................    1545-0015
20.6075-1..................................................    1545-0015
20.6081-1..................................................    1545-0015
                                                               1545-0181
20.6091-1..................................................    1545-0015
20.6161-1..................................................    1545-0015
                                                               1545-0181
20.6161-2..................................................    1545-0015
                                                               1545-0181
20.6163-1..................................................    1545-0015
20.6166-1..................................................    1545-0181
20.6166A-1.................................................    1545-0015
20.6166A-3.................................................    1545-0015
20.6324A-1.................................................    1545-0754
20.7520-1..................................................    1545-1343
20.7520-2..................................................    1545-1343
20.7520-3..................................................    1545-1343
20.7520-4..................................................    1545-1343
22.0.......................................................    1545-0015
25.2511-2..................................................    1545-0020
25.2512-2..................................................    1545-0020
25.2512-3..................................................    1545-0020
25.2512-5..................................................    1545-0020
25.2512-9..................................................    1545-0020
25.2513-1..................................................    1545-0020
25.2513-2..................................................    1545-0020
                                                               1545-0021

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25.2513-3..................................................    1545-0020
25.2518-2..................................................    1545-0959
25.2522(a)-1...............................................    1545-0196
25.2522(c)-3...............................................    1545-0020
                                                               1545-0196
25.2523(a)-1...............................................    1545-0020
                                                               1545-0196
25.2523(f)-1...............................................    1545-0015
25.2701-2..................................................    1545-1241
25.2701-4..................................................    1545-1241
25.2701-5..................................................    1545-1273
25.2702-6..................................................    1545-1273
25.6001-1..................................................    1545-0020
                                                               1545-0022
25.6011-1..................................................    1545-0020
25.6019-1..................................................    1545-0020
25.6019-2..................................................    1545-0020
25.6019-3..................................................    1545-0020
25.6019-4..................................................    1545-0020
25.6061-1..................................................    1545-0020
25.6065-1..................................................    1545-0020
25.6075-1..................................................    1545-0020
25.6081-1..................................................    1545-0020
25.6091-1..................................................    1545-0020
25.6091-2..................................................    1545-0020
25.6151-1..................................................    1545-0020
25.6161-1..................................................    1545-0020
25.7520-1..................................................    1545-1343
25.7520-2..................................................    1545-1343
25.7520-3..................................................    1545-1343
25.7520-4..................................................    1545-1343
26.2601-1..................................................    1545-0985
26.2632-1..................................................    1545-0985
26.2642-1..................................................    1545-0985
26.2642-2..................................................    1545-0985
26.2642-3..................................................    1545-0985
26.2642-4..................................................    1545-0985
26.2652-2..................................................    1545-0985
26.2662-1..................................................    1545-0015
                                                               1545-0985
26.2662-2..................................................    1545-0985
31.3102-3..................................................    1545-0029
                                                               1545-0059
                                                               1545-0065
31.3121(b)(19)-1...........................................    1545-0029
31.3121(d)-1...............................................    1545-0004
31.3121(i)-1...............................................    1545-0034
31.3121(k)-4...............................................    1545-0137
31.3121(r)-1...............................................    1545-0029
31.3121(s)-1...............................................    1545-0029
31.3302(a)-2...............................................    1545-0028
31.3302(a)-3...............................................    1545-0028
31.3302(b)-2...............................................    1545-0028
31.3302(e)-1...............................................    1545-0028
31.3306(c)(18)-1...........................................    1545-0029
31.3401(a)-1...............................................    1545-0029
31.3401(a)(6)-1............................................    1545-0029
                                                               1545-0096
                                                               1545-0795
31.3401(a)(7)-1............................................    1545-0029
31.3401(a)(8)(A)-1 ........................................    1545-0029
                                                               1545-0666
31.3401(a)(8)(C)-1 ........................................    1545-0029
31.3401(a)(15)-1...........................................    1545-0182
31.3401(c)-1...............................................    1545-0004
31.3402(b)-1...............................................    1545-0010
31.3402(c)-1...............................................    1545-0010
31.3402(f)(1)-1............................................    1545-0010
31.3402(f)(2)-1............................................    1545-0010
                                                               1545-0410
31.3402(f)(3)-1............................................    1545-0010
31.3402(f)(4)-1............................................    1545-0010
31.3402(f)(4)-2............................................    1545-0010
31.3402(f)(5)-1............................................    1545-0010
                                                               1545-1435
31.3402(h)(1)-1............................................    1545-0029
31.3402(h)(3)-1............................................    1545-0010
31.3402(h)(3)-1............................................    1545-0029
31.3402(h)(4)-1............................................    1545-0010
31.3402(i)-(1).............................................    1545-0010
31.3402(i)-(2).............................................    1545-0010
31.3402(k)-1...............................................    1545-0065
31.3402(l)-(1).............................................    1545-0010
31.3402(m)-(1).............................................    1545-0010
31.3402(n)-(1).............................................    1545-0010
31.3402(o)-2...............................................    1545-0415
31.3402(o)-3...............................................    1545-0008
                                                               1545-0010
                                                               1545-0415
                                                               1545-0717
31.3402(p)-1...............................................    1545-0415
                                                               1545-0717
31.3402(q)-1...............................................    1545-0238
                                                               1545-0239
31.3404-1..................................................    1545-0029
31.3405(c)-1...............................................    1545-1341
31.3406(a)-1...............................................    1545-0112
31.3406(a)-2...............................................    1545-0112
31.3406(a)-3...............................................    1545-0112
31.3406(a)-4...............................................    1545-0112
31.3406(b)(2)-1............................................    1545-0112
31.3406(b)(2)-2............................................    1545-0112
31.3406(b)(2)-3............................................    1545-0112
31.3406(b)(2)-4............................................    1545-0112
31.3406(b)(2)-5............................................    1545-0112
31.3406(b)(3)-1............................................    1545-0112
31.3406(b)(3)-2............................................    1545-0112
31.3406(b)(3)-3............................................    1545-0112
31.3406(b)(3)-4............................................    1545-0112
31.3406(b)(4)-1............................................    1545-0112
31.3406(c)-1...............................................    1545-0112
31.3406(d)-1...............................................    1545-0112
31.3406(d)-2...............................................    1545-0112
31.3406(d)-3...............................................    1545-0112
31.3406(d)-4...............................................    1545-0112
31.3406(d)-5...............................................    1545-0112
31.3406(e)-1...............................................    1545-0112
31.3406(f)-1...............................................    1545-0112
31.3406(g)-1...............................................    1545-0096
                                                               1545-0112
31.3406(g)-2...............................................    1545-0112
31.3406(g)-3...............................................    1545-0112
31.3406(h)-1...............................................    1545-0112
31.3406(h)-2...............................................    1545-0112
31.3406(h)-3...............................................    1545-0112
31.3406(i)-1...............................................    1545-0112
31.3501(a)-1T..............................................    1545-0771
31.3503-1..................................................    1545-0024
31.3504-1..................................................    1545-0029
31.6001-1..................................................    1545-0798
31.6001-2..................................................    1545-0034
                                                               1545-0798
31.6001-3..................................................    1545-0798
31.6001-4..................................................    1545-0028
31.6001-5..................................................    1545-0798
31.6001-6..................................................    1545-0029
                                                               1459-0798
31.6011(a)-1...............................................    1545-0029
                                                               1545-0034
                                                               1545-0035
                                                               1545-0059
                                                               1545-0074
                                                               1545-0718
                                                               1545-0256

[[Page 331]]

                                                                        
31.6011(a)-2...............................................    1545-0001
                                                               1545-0002
31.6011(a)-3...............................................    1545-0028
31.6011(a)-3A..............................................    1545-0955
31.6011(a)-4...............................................    1545-0034
                                                               1545-0035
                                                               1545-0718
                                                               1545-1413
31.6011(a)-5...............................................    1545-0718
                                                               1545-0028
31.6011(a)-6...............................................    1545-0028
31.6011(a)-7...............................................    1545-0074
31.6011(a)-8...............................................    1545-0028
31.6011(a)-9...............................................    1545-0028
31.6011(a)-10..............................................    1545-0112
31.6011(b)-1...............................................    1545-0003
31.6011(b)-2...............................................    1545-0029
31.6051-1..................................................    1545-0008
                                                               1545-0182
                                                               1545-0458
31.6051-2..................................................    1545-0008
31.6051-3..................................................    1545-0008
31.6053-1..................................................    1545-0029
                                                               1545-0062
                                                               1545-0064
                                                               1545-0065
31.6053-2..................................................    1545-0008
31.6053-3..................................................    1545-0065
                                                               1545-0714
31.6053-4..................................................    1545-0065
31.6065(a)-1...............................................    1545-0029
31.6071(a)-1...............................................    1545-0001
                                                               1545-0028
                                                               1545-0029
31.6071(a)-1A..............................................    1545-0955
31.6081(a)-1...............................................    1545-0008
                                                               1545-0028
31.6091-1..................................................    1545-0028
                                                               1545-0029
31.6157-1..................................................    1545-0955
31.6205-1..................................................    1545-0029
31.6301(c)-1AT.............................................    1545-0035
                                                               1545-0112
                                                               1545-0257
31.6302-1..................................................    1545-1413
31.6302-2..................................................    1545-1413
31.6302-3..................................................    1545-1413
31.6302-4..................................................    1545-1413
31.6302(c)-2...............................................    1545-0001
                                                               1545-0257
31.6302(c)-2A..............................................    1545-0955
31.6302(c)-3...............................................    1545-0257
31.6402(a)-2...............................................    1545-0256
31.6413(a)-1...............................................    1545-0029
31.6413(a)-2...............................................    1545-0029
                                                               1545-0256
31.6413(c)-1...............................................    1545-0029
                                                               1545-0171
31.6414-1..................................................    1545-0029
32.1.......................................................    1545-0029
                                                               1545-0415
32.2.......................................................    1545-0029
35a.3406-2.................................................    1545-0112
35a.9999-3.................................................    1545-0112
35a.9999-5.................................................    1545-0029
36.3121(l)(1)-1............................................    1545-0137
36.3121(l)(1)-2............................................    1545-0137
36.3121(l)(3)-1............................................    1545-0123
36.3121(1)(7)-1............................................    1545-0123
36.3121(1)(10)-1...........................................    1545-0029
36.3121(1)(10)-3...........................................    1545-0029
36.3121(1)(10)-4...........................................    1545-0257
40.6302(c)-3(b)(2)(ii).....................................    1545-1296
40.6302(c)-3(b)(2)(iii)....................................    1545-1296
40.6302(c)-3(e)............................................    1545-1296
40.6302(c)-3(f)(2)(ii).....................................    1545-1296
41.4481-1..................................................    1545-0143
41.4481-1T.................................................    1545-0143
41.4481-2..................................................    1545-0143
41.4482(b)-1T..............................................    1545-0143
41.4483-3..................................................    1545-0143
41.6001-1..................................................    1545-0143
41.6001-2..................................................    1545-0143
41.6001-3..................................................    1545-0143
41.6071(a)-1...............................................    1545-0143
41.6081(a)-1...............................................    1545-0143
41.6091-1..................................................    1545-0143
41.6109-1..................................................    1545-0143
41.6151(a)-1...............................................    1545-0143
41.6156-1..................................................    1545-0143
41.6161(a)(1)-1............................................    1545-0143
44.4401-1..................................................    1545-0235
44.4403-1..................................................    1545-0235
44.4412-1..................................................    1545-0236
44.4901-1..................................................    1545-0236
44.4905-1..................................................    1545-0236
44.4905-2..................................................    1545-0236
44.6001-1..................................................    1545-0235
44.6011(a)-1...............................................    1545-0235
                                                               1545-0236
44.6071-1..................................................    1545-0235
44.6091-1..................................................    1545-0235
44.6151-1..................................................    1545-0235
44.6419-1..................................................    1545-0235
44.6419-1..................................................    1545-0235
44.6419-2..................................................    1545-0235
46.4371-4..................................................    1545-0023
46.4374-1..................................................    1545-0023
46.4701-1..................................................    1545-0023
                                                               1545-0257
48.4041-4..................................................    1545-0023
48.4041-5..................................................    1545-0023
48.4041-6..................................................    1545-0023
48.4041-7..................................................    1545-0023
48.4041-9..................................................    1545-0023
48.4041-10.................................................    1545-0023
48.4041-11.................................................    1545-0023
48.4041-12.................................................    1545-0023
48.4041-13.................................................    1545-0023
48.4041-18.................................................    1545-0023
48.4041-19.................................................    1545-0023
48.4041-20.................................................    1545-0023
48.4041-21.................................................    1545-1270
48.4042-2..................................................    1545-0023
48.4061(a)-1...............................................    1545-0023
48.4061(a)-2...............................................    1545-0023
48.4061(b)-3...............................................    1545-0023
48.4064-1..................................................    1545-0014
                                                               1545-0242
48.4071-1..................................................    1545-0023
48.4073-1..................................................    1545-0023
48.4073-3..................................................    1545-0023
                                                               1545-1074
                                                               1545-1087
48.4081-2(c)(3)............................................    1545-1270
48.4081-3(d)(2)(iii).......................................    1545-1270
48.4081-3(e)(2)(ii)........................................    1545-1270
48.4081-3(f)(2)(ii)........................................    1545-1270
48.4081-4(b)(2)(ii)........................................    1545-1270
48.4081-4(b)(3)(i).........................................    1545-1270
48.4081-4(c)...............................................    1545-1270
48.4081-6(c)(1)(ii)........................................    1545-1270
48.4081-7..................................................    1545-1270
48.4081-9..................................................    1545-1270

[[Page 332]]

                                                                        
48.4082-2..................................................    1545-1418
48.4101-1..................................................    1545-1418
48.4101-2..................................................    1545-1418
48.4161(a)-1...............................................    1545-0723
48.4161(a)-2...............................................    1545-0723
48.4161(a)-3...............................................    1545-0723
48.4161(b)-1...............................................    1545-0723
                                                               1545-0723
48.4216(a)-2...............................................    1545-0023
48.4216(a)-3...............................................    1545-0023
48.4216(c)-1...............................................    1545-0023
48.4221-1..................................................    1545-0023
48.4221-2..................................................    1545-0023
48.4221-3..................................................    1545-0023
48.4221-4..................................................    1545-0023
48.4221-5..................................................    1545-0023
48.4221-6..................................................    1545-0023
48.4221-7..................................................    1545-0023
48.4222(a)-1...............................................    1545-0023
                                                               1545-0014
48.4222(b)-1...............................................    1545-0023
48.4223-1..................................................    1545-0023
                                                               1545-0723
                                                               1545-0723
                                                               1545-0723
                                                               1545-0257
48.6302(c)-1...............................................    1545-0023
                                                               1545-0257
48.6412-1..................................................    1545-0723
48.6416(a)-1...............................................    1545-0023
                                                               1545-0723
48.6416(a)-2...............................................    1545-0723
48.6416(a)-3...............................................    1545-0723
48.6416(b)(2)-3............................................    1545-1087
48.6416(b)(1)-1............................................    1545-0723
48.6416(b)(1)-2............................................    1545-0723
48.6416(b)(1)-3............................................    1545-0723
48.6416(b)(1)-4............................................    1545-0723
48.6416(b)(2)-1............................................    1545-0723
48.6416(b)(2)-2............................................    1545-0723
48.6416(b)(2)-3............................................    1545-0723
                                                               1545-1087
48.6416(b)(2)-4............................................    1545-0723
48.6416(b)(3)-1............................................    1545-0723
48.6416(b)(3)-2............................................    1545-0723
48.6416(b)(3)-3............................................    1545-0723
48.6416(b)(4)-1............................................    1545-0723
48.6416(b)(5)-1............................................    1545-0723
48.6416(c)-1...............................................    1545-0723
48.6416(e)-1...............................................    1545-0023
                                                               1545-0723
48.6416(f)-1...............................................    1545-0023
                                                               1545-0723
48.6416(g)-1...............................................    1545-0723
48.6416(h)-1...............................................    1545-0723
48.6420(c)-2...............................................    1545-0023
48.6420(f)-1...............................................    1545-0023
48.6420-1..................................................    1545-0162
                                                               1545-0723
48.6420-2..................................................    1545-0162
                                                               1545-0723
48.6420-3..................................................    1545-0162
                                                               1545-0723
48.6420-4..................................................    1545-0162
                                                               1545-0723
48.6420-5..................................................    1545-0162
                                                               1545-0723
48.6420-6..................................................    1545-0162
                                                               1545-0723
48.6420-7..................................................    1545-0162
                                                               1545-0723
48.6421-0..................................................    1545-0162
                                                               1545-0723
48.6421-1..................................................    1545-0162
                                                               1545-0723
48.6421-2..................................................    1545-0162
                                                               1545-0723
48.6421-3..................................................    1545-0162
                                                               1545-0723
48.6421-4..................................................    1545-0162
                                                               1545-0723
48.6421-5..................................................    1545-0162
                                                               1545-0723
48.6421-6..................................................    1545-0162
                                                               1545-0723
48.6421-7..................................................    1545-0162
                                                               1545-0723
48.6424-0..................................................    1545-0723
48.6424-1..................................................    1545-0723
48.6424-2..................................................    1545-0723
48.6424-3..................................................    1545-0723
48.6424-4..................................................    1545-0723
48.6424-5..................................................    1545-0723
48.6424-6..................................................    1545-0723
48.6427-0..................................................    1545-0723
48.6427-1..................................................    1545-0023
                                                               1545-0162
                                                               1545-0723
48.6427-2..................................................    1545-0162
                                                               1545-0723
48.6427-3..................................................    1545-0723
48.6427-4..................................................    1545-0723
48.6427-5..................................................    1545-0723
48.6427-8..................................................    1545-1418
48.6427-9..................................................    1545-1418
49.4251-1..................................................    1545-1075
49.4251-2..................................................    1545-1075
49.4253-3..................................................    1545-0023
49.4253-4..................................................    1545-0023
49.4264(b)-1...............................................    1545-0023
                                                               1545-0226
                                                               1545-0226
                                                               1545-0912
                                                               1545-0912
                                                               1545-0257
                                                               1545-0230
                                                               1545-0224
                                                               1545-0225
                                                               1545-0224
                                                               1545-0230
49.4271-1(d)...............................................    1545-0685
52.4682-1(b)(2)(iii).......................................    1545-1153
52.4682-2(b)...............................................    1545-1153
                                                               1545-1361
52.4682-2(d)...............................................    1545-1153
                                                               1545-1361
52.4682-3(c)(2)............................................    1545-1153
52.4682-3(g)...............................................    1545-1153
52.4682-4(f)...............................................    1545-1153
                                                               1545-0257
52.4682-5(d)...............................................    1545-1361
52.4682-5(f)...............................................    1545-1361
53.4940-1..................................................    1545-0052
                                                               1545-0196
53.4942(a)-1...............................................    1545-0052
53.4942(a)-2...............................................    1545-0052
53.4942(a)-3...............................................    1545-0052
53.4942(b)-3...............................................    1545-0052
53.4945-1..................................................    1545-0052
53.4945-4..................................................    1545-0052
53.4945-5..................................................    1545-0052
53.4945-6..................................................    1545-0052
53.4947-1..................................................    1545-0196
53.4947-2..................................................    1545-0196

[[Page 333]]

                                                                        
53.4948-1..................................................    1545-0052
53.4961-2..................................................    1545-0024
53.4963-1..................................................    1545-0024
53.6001-1..................................................    1545-0052
53.6011-1..................................................    1545-0049
                                                               1545-0052
                                                               1545-0092
                                                               1545-0196
53.6065-1..................................................    1545-0052
53.6071-1..................................................    1545-0049
53.6081-1..................................................    1545-0066
                                                               1545-0148
53.6161-1..................................................    1545-0575
54.4972-1..................................................    1545-0197
54.4975-7..................................................    1545-0575
54.4977-1T.................................................    1545-0771
54.4981A-1T................................................    1545-0203
54.6011-1..................................................    1545-0575
54.6011-1T.................................................    1545-0575
55.6001-1..................................................    1545-0123
55.6011-1..................................................    1545-0999
                                                               1545-0123
                                                               1545-1016
55.6061-1..................................................    1545-0999
55.6071-1..................................................    1545-0999
56.4911-6..................................................    1545-0052
56.4911-7..................................................    1545-0052
56.4911-9..................................................    1545-0052
56.4911-10.................................................    1545-0052
56.6001-1..................................................    1545-1049
56.6011-1..................................................    1545-1049
56.6081-1..................................................    1545-1049
56.6161-1..................................................    1545-1049
                                                               1545-0257
145.4051-1.................................................    1545-0745
145.4052-1.................................................    1545-0120
                                                               1545-0745
                                                               1545-1076
145.4061-1.................................................    1545-0745
                                                               1545-0257
                                                               1545-0230
                                                               1545-0224
156.6001-1.................................................    1545-1049
156.6011-1.................................................    1545-1049
156.6081-1.................................................    1545-1049
156.6161-1.................................................    1545-1049
301.6011-2.................................................    1545-0225
                                                               1545-0350
                                                               1545-0387
                                                               1545-0441
                                                               1545-0957
301.6017-1.................................................    1545-0090
301.6034-1.................................................    1545-0092
301.6035-1.................................................    1545-0123
301.6036-1.................................................    1545-0013
                                                               1545-0773
301.6047-1.................................................    1545-0367
                                                               1545-0957
301.6057-1.................................................    1545-0710
301.6057-2.................................................    1545-0710
301.6058-1.................................................    1545-0710
301.6059-1.................................................    1545-0710
301.6103(c)-1..............................................    1545-0280
301.6104(a)-1..............................................    1545-0495
301.6104(a)-5..............................................    1545-0056
301.6104(a)-6..............................................    1545-0056
301.6104(b)-1..............................................    1545-0094
                                                               1545-0742
301.6104(d)-1..............................................    1545-0092
301.6109-1.................................................    1545-0003
                                                               1545-0295
                                                               1545-0367
                                                               1545-0387
                                                               1545-0957
                                                               1545-1461
301.6110-3.................................................    1545-0074
301.6110-5.................................................    1545-0074
301.6111-1T................................................    1545-0865
                                                               1545-0881
301.6112-1T................................................    1545-0865
301.6222(a)-2T.............................................    1545-0790
301.6222(b)-1T.............................................    1545-0790
301.6222(b)-2T.............................................    1545-0790
301.6222(b)-3T.............................................    1545-0790
301.6227(b)-1T.............................................    1545-0790
                                                               1545-0790
301.6231(a)(7)-1...........................................    1545-0790
301.6241-1T................................................    1545-0130
301.6316-4.................................................    1545-0074
301.6316-5.................................................    1545-0074
301.6316-6.................................................    1545-0074
301.6316-7.................................................    1545-0029
301.6324A-1................................................    1545-0015
301.6361-1.................................................    1545-0074
                                                               1545-0024
301.6361-2.................................................    1545-0024
301.6361-3.................................................    1545-0074
301.6402-2.................................................    1545-0024
                                                               1545-0073
                                                               1545-0091
301.6402-3.................................................    1545-0055
                                                               1545-0073
                                                               1545-0091
                                                               1545-0132
301.6402-5.................................................    1545-0928
301.6404-1.................................................    1545-0024
301.6404-2T................................................    1545-0024
301.6404-3.................................................    1545-0024
301.6405-1.................................................    1545-0024
301.6501(c)-1..............................................    1545-1241
301.6501(d)-1..............................................    1545-0074
                                                               1545-0430
301.6501(o)-2..............................................    1545-0728
301.6511(d)-1..............................................    1545-0582
                                                               1545-0024
301.6511(d)-2..............................................    1545-0582
                                                               1545-0024
301.6511(d)-3..............................................    1545-0024
                                                               1545-0582
301.6652-2.................................................    1545-0092
301.6656-1.................................................    1545-0794
301.6656-2.................................................    1545-0794
301.6685-1.................................................    1545-0092
301.6689-1T................................................    1545-1056
301.6707-1T................................................    1545-0865
                                                               1545-0881
301.6708-1T................................................    1545-0865
301.6712-1.................................................    1545-1126
301.6723-1A(d).............................................    1545-0909
301.6903-1.................................................    1545-0013
301.6905-1.................................................    1545-0074
301.7001-1.................................................    1545-0123
301.7101-1.................................................    1545-1029
301.7207-1.................................................    1545-0092
301.7216-2.................................................    1545-0074
301.7216-2(o)..............................................    1545-1209
301.7425-3.................................................    1545-0854
301.7430-2(c)..............................................    1545-1356
301.7507-8.................................................    1545-0123
301.7507-9.................................................    1545-0123
301.7513-1.................................................    1545-0429
301.7517-1.................................................    1545-0015
301.7605-1.................................................    1545-0795
301.7623-1.................................................    1545-0409

[[Page 334]]

                                                                        
301.7654-1.................................................    1545-0803
301.7701-3.................................................    1545-1486
301.7701-4.................................................    1545-1465
301.7701-16................................................    1545-0795
301.7701(b)-1..............................................    1545-0089
301.7701(b)-2..............................................    1545-0089
301.7701(b)-3..............................................    1545-0089
301.7701(b)-4..............................................    1545-0089
301.7701(b)-5..............................................    1545-0089
301.7701(b)-6..............................................    1545-0089
301.7701(b)-7..............................................    1545-0089
301.7701(b)-9..............................................    1545-0089
301.7805-1.................................................    1545-0805
301.9001-1.................................................    1545-0220
301.9001-2T................................................    1545-1488
301.9001-3T................................................    1545-1488
301.9100-4T................................................    1545-0016
                                                               1545-0042
                                                               1545-0074
                                                               1545-0129
                                                               1545-0172
                                                               1545-0619
301.9100-6T................................................    1545-0872
301.9100-7T................................................    1545-0982
301.9100-8.................................................    1545-1112
301.9100-11T...............................................    1545-0123
301.9100-12T...............................................    1545-0026
                                                               1545-0074
                                                               1545-0172
                                                               1545-1027
301.9100-13T...............................................    1545-0046
301.9100-14T...............................................    1545-0046
301.9100-15T...............................................    1545-0046
301.9100-16T...............................................    1545-0152
302.1-7....................................................    1545-0024
305.7701-1.................................................    1545-0823
305.7871-1.................................................    1545-0823
404.6048-1.................................................    1545-0160
420.0-1....................................................    1545-0710
Part 502...................................................    1545-0844
Part 503...................................................    1545-0837
Part 509...................................................    1545-0846
Part 513...................................................    1545-0834
Part 514...................................................    1545-0845
Part 516...................................................    1545-0841
Part 517...................................................    1545-0849
Part 520...................................................    1545-0833
Part 521...................................................    1545-0848
601.104....................................................    1545-0233
601.105....................................................    1545-0091
601.201....................................................    1545-0019
                                                               1545-0819
601.204....................................................    1545-0152
601.401....................................................    1545-0257
601.504....................................................    1545-0150
601.601....................................................    1545-0800
601.602....................................................    1545-0295
                                                               1545-0387
                                                               1545-0957
601.702....................................................    1545-0429
------------------------------------------------------------------------

(26 U.S.C. 7805)

[T.D. 8011, 50 FR 10222, Mar. 14, 1985]

    Editorial Note: For Federal Register citations affecting 
Sec. 602.101, see the List of CFR Sections Affected in the Findings Aids 
section of 26 CFR part 600-end.

    Effective Date Note: By T.D. 8712, at 62 FR 2275, Jan. 16, 1997, in 
Sec. 602.1, the table in paragraph (c) was amended by adding entries for 
Secs. 1.141-1, 1.141-12, 1,142-2 and 1.148-6, effective May 16, 1997.

[[Page 335]]



List of CFR Sections Affected



All changes to Parts 40 to 169 of Title 26 of the Code of Federal 
Regulations which were made by documents published in the Federal 
Register since January 1, 1986, are enumerated in the following list. 
Entries indicate the nature of the changes effected. Page numbers refer 
to Federal Register pages. The user should consult the entries for 
chapters and parts as well as sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

26 CFR
                                                                   51 FR
                                                                    Page
Chapter I
46.0-1  (a)(3) and (4) redesignated as (a)(4) and (5); new (a)(3) 
        added; (b) amended.........................................33594
46.4701-1 (Subpart C)  Added.......................................33594
    (b)(6)(ii) corrected...........................................36392
46.6011(a)-1  (a) amended..........................................33595
48.4041  Removed......................................................12
48.4041-1  Revised....................................................12
48.4041-2  Removed....................................................12
    Added.............................................................13
48.4041-3  Revised....................................................14
48.4041-4  Removed....................................................14
    Added.............................................................15
48.4041-5  Removed....................................................14
    Added.............................................................15
48.4041-6  Removed....................................................14
    Added.............................................................15
48.4041-7  Removed....................................................14
    Added.............................................................16
48.4041-8  Removed....................................................14
    Added.............................................................17
48.4041-9  Removed....................................................14
    Added.............................................................18
48.4041-10  Removed...................................................14
    Added.............................................................18
48.4041-11  Redesignated as 48.4041-15................................14
    Added.............................................................19
48.4041-12  Redesignated as 48.4041-16................................14
    Added.............................................................20
48.4041-13  Redesignated as 48.4041-17................................14
    Added.............................................................20
48.4041-14  Redesignated as 48.4041-18................................14
    Added.............................................................20
48.4041-15  Redesignated from 48.4041-11..............................14
48.4041-16  Redesignated from 48.4041-12..............................14
48.4041-17  Redesignated from 48.4041-13..............................14
48.4041-18  Redesignated from 48.4041-14..............................14
48.6427-1  Technical correction....................................12515

                                  1987

26 CFR
                                                                   52 FR
                                                                    Page
Chapter I
    1  Authority citation amended..................................33584
41.4481-1  Nomenclature change; (a)(2) revised.....................33584
41.4481-3  (a) introductory text and (1) revised; (a)(2) amended 
                                                                   33584
41.4482(c)-1  (b) nomenclature change..............................33584
41.4483-5  Nomenclature change.....................................33584
41.4483-7T  Added (temporary)......................................33584
41.6001-3T  Added (temporary)......................................33585
41.6091-1  (a) and (b) amended.....................................33584
46.6011(a)-1  (a) corrected.........................................9656

[[Page 336]]

48.4041-5  (a)(1) redesignated as (a)(1)(i) and amended; 
        (a)(1)(ii) added...........................................32008
48.4041-18  Revised................................................31616
48.4041-19  Added..................................................31617
48.4041-20  Added..................................................31617
48.4071-1  (a) and (b)(1) revised; (b)(2) redesignated as (b)(3); 
        new (b)(2) added...........................................31618
48.4071-2  (b) heading revised; (b) text amended...................31618
48.4081-2  (a), (b), (c) heading, (e)(1) and (2) heading, (f)(1) 
        and (g) revised; (c)(1) and (2), (e)(2), (f)(2) heading 
        and text and (h) amended; (e)(3), (f)(3) and (h)(4) added; 
        (i) removed................................................31618
48.6420-4  (l) amended.............................................31621
48.6427-1  (a)(2)(iv) amended......................................31621

                                  1988

26 CFR
                                                                   53 FR
                                                                    Page
Chapter I
41  Authority citation amended......................................6626
41.4481-1  (a)(2)(ii) amended.......................................6626
41.4483-7  Redesignated from 41.4483-7T.............................6626
41.4483-7T  Addition confirmed; redesignated as 41.4483-7...........6626
41.6001-3  Redesignated from 41.6001-3T.............................6626
41.6001-3T  Addition confirmed; redesignated as 41.6001-3...........6626
48  Authority citation amended...............................6519, 37554
48.4041-21T  Added (temporary)......................................6519
    (h)(2) corrected................................................8302
48.4101-2T  Added (temporary)......................................37554

                                  1989

                       (No regulations published)

                                  1990

26 CFR
                                                                   55 FR
                                                                    Page
Chapter I
43  Added..........................................................41520
43.6071(a)-1T  (c) corrected.......................................46667
46.4701-1  (b)(5) revised..........................................19627
47  Removed........................................................41522
48  Authority citation amended.....................................23077
48.4041-21T  Redesignated as 48.4041-21 and heading amended........23077
48.4041-21  Redesignated from 48.4041-21T and heading amended......23077

                                  1991

26 CFR
                                                                   56 FR
                                                                    Page
Chapter I
40  Added............................................................181
42  Added..........................................................25366
43.0-1T  Added (temporary)...........................................188
44.4402-1  Removed...................................................188
44.4402-1T  Added (temporary)........................................188
45  Removed..........................................................189
46  Heading revised..................................................189
46.0-1  Removed......................................................189
46.0-1T  Added (temporary)...........................................189
46.0-3  Removed......................................................189
46.0-4  Removed......................................................189
46.4371-1--46.4375-1  (Subpart A1) redesignated as Subpart B.........189
46.4371-4  Redesignated from 46.6001-4...............................189
46.4375 (Subpart A1)  Redesignated as Subpart B......................189
46.4501-1--46.4504-1 (Subpart B)  Removed............................189
46.4881-1--46.4884-1 (Subpart D)  Removed............................189
46.6001-4  Redesignated as 46.4371-4.................................189
48.0-1  Removed......................................................189
48.0-1T  Added (temporary)...........................................189
49.0-1  Removed......................................................189
49.0-1T  Added (temporary)...........................................189
49.0-3  Removed......................................................189
49.0-4  Removed......................................................189
49.4271-1T  Added....................................................190
49.4241-1--49.4243-3 (Subpart B)  Removed............................189
49.4271-1T  Added....................................................190
49.4271-1T  Redesignated from 154.2-1; heading and (f) revised; 
        (a) amended..................................................190
49.4286-1--49.4287-1 (Subpart E)  Heading revised and sections 
        removed......................................................189
49.9000--49.9000-1  Undesignated center heading and sections 
        removed......................................................189

[[Page 337]]

                                  1992

26 CFR
                                                                   57 FR
                                                                    Page
Chapter I
40  Revised........................................................48177
43  Authority citation revised.....................................48185
43.0-1  Redesignated from 43.0-1T; heading amended.................33636
    Revised........................................................48185
43.0-1T  Redesignated as 43.0-1....................................33636
43.4471-1  Redesignated from 43.4471-1T; heading amended...........33636
43.4471-1T  Redesignated as 43.4471-1..............................33636
43.4472-1  Added...................................................33636
    (f)(2) corrected...............................................45713
43.6011(a)-1T  Removed.............................................48185
43.6011(a)-2T  Removed.............................................48185
43.6071(a)-1T  Removed.............................................48185
43.6091-1T  Removed................................................48185
43.6101-1T  Removed................................................48185
43.6109(a)-1T  Removed.............................................48185
43.6151(a)-1T  Removed.............................................48185
43.6302(c)-1T  Removed.............................................48185
44  Authority citation revised.....................................48185
44.4402-1  Redesignated from 44.4402-1T; heading amended...........48185
44.4402-1T  Redesignated as 44.4402-1..............................48185
44.6091-1  Authority citation removed..............................48185
46  Authority citation revised.....................................48185
46.0-1  Added......................................................48185
46.0-1T  Removed...................................................48185
46.4371-1--46.4374-1 (Subpart B)  Authority citation removed.......48186
46.4371-4  Authority citation removed..............................48186
46.6001-1--46.7805-1 (Subpart E)  Removed..........................48186
48  Authority citation amended......................................7654
48  Authority citation amended.....................................32428
    Authority citation revised.....................................48186
48.0-1  Added......................................................48186
48.0-1T  Removed...................................................48186
48.4041-2T  Authority citation removed.............................48186
48.4042-2(d)  Removed..............................................48186
48.4051-1T  Removed................................................48186
48.4061(a)--48.4121-1 (Subpart H)  Heading revised.................48186
48.4081-0  Added...................................................32429
48.4081-1  Added...................................................32429
48.4081-2  (a)(5) and (e)(3) revised................................7654
48.4081-2  Added...................................................32430
48.4081-3  Added...................................................32431
48.4081-4  Added...................................................32432
    (b) introductory text and (e)(3) corrected.....................39421
48.4081-5  Added...................................................32433
    (a) corrected..................................................39422
48.4081-6  Added...................................................32433
    (b)(2)(i), (f)(4) Example 2, (g)(1)(ii) and (2)(iii) corrected
                                                                   39422
48.4081-7  Added...................................................32436
48.4081-8  Added...................................................32437
48.4081-9  Added...................................................32437
48.4082-1  Removed.................................................32428
48.4083-1  Removed.................................................32428
48.4083-2  Removed.................................................32428
48.4084  Removed...................................................32428
48.4084-1  Removed.................................................32429
48.4091--48.4093  Undesignated center heading removed..............48186
48.4091  Removed...................................................48186
48.4091-0  Removed.................................................48186
48.4091-1  Removed.................................................48186
48.4091-2  Removed.................................................48186
48.4091-3  Removed.................................................48186
48.4091-4  Removed.................................................48186
48.4091-5  Removed.................................................48186
48.4092-1  Removed.................................................48186
48.4093-1  Removed.................................................48186
48.4093-2  Removed.................................................48186
48.4121-1  (e) removed; redesignated as Subpart I..................48186
48.4161(a)--48.4182-2 (Subpart K)  Heading revised; undesignated 
        center heading removed.....................................48186
48.4181-1  Removed.................................................48186
48.4181-2  Removed.................................................48186
48.4182-1  Removed.................................................48186
48.4182-2  Removed.................................................48186
48.6011(a)-1  Removed..............................................48186
48.6011(a)-2  Removed..............................................48186
48.6071(a)-1  Removed..............................................48186
48.6081(a)-1  Removed..............................................48186
48.6091-1  Removed.................................................48186
48.6101-1  Removed.................................................48186
48.6109-1  Removed.................................................48186
48.6151-1  Removed.................................................48186
48.6151-1T  Removed................................................48186
48.6161(a)-1  Removed..............................................48186
48.6302(c)-1  Removed..............................................48186
48.6302(c)-2  Removed..............................................48186

[[Page 338]]

48.6402(a)-1  Removed..............................................48186
48.6404(a)-1  Removed..............................................48186
48.9000-0  Removed.................................................32429
49  Authority citation revised.....................................48186
49.0-1  Added......................................................48186
49.0-1T  Removed...................................................48186
49.4251-2  (c) revised.............................................48186
49.4271-1  Redesignated from 49.4271-1T; designated as subpart E; 
        heading amended; authority citation removed................48186
49.4271-1T  Redesignated as 49.4271-1..............................48186
49.6011(a)-1--49.6302(c)-1 (Subpart G)  Removed....................48186

                                  1993

26 CFR
                                                                   58 FR
                                                                    Page
Chapter I
40  Authority citation amended.....................................63072
40.0-1  (b) and (e) corrected.......................................6575
40.6011(a)-3T  Added...............................................63072
40.6071(a)-2  (a) corrected.........................................6575
40.6302(c)-0  Corrected.............................................6575
40.9999-1  (3) Example 3 corrected..................................6575
47  Added..........................................................62525
47.3-1T--47.3-11T (Subpart C)  Added...............................62528
47.3-6T  (a) amended...............................................68305
47.3-7T  (b) revised...............................................68305
48  Authority citation amended.....................................63072
48.4041-0T  Added..................................................63072
48.4081-10T  Added.................................................63073
48.4081-11T  Added.................................................63073
48.4081-12T  Added.................................................63073
48.4082-1T  Added..................................................63073
    (b)(1) and (2)(i) revised......................................68305
48.4082-2T  Added..................................................63074
48.4082-3T  Heading added..........................................63074
48.4082-4T  Added..................................................63074
48.4083  Added.....................................................63074
48.4101-3T  Added..................................................63075
48.4101-4T  Added..................................................63078
48.6427-8T  Added..................................................63078
48.6427-9T  Added..................................................63079

                                  1994

26 CFR
                                                                   59 FR
                                                                    Page
40  Authority citation amended.....................................35417
40.6302(c)-1T  Added...............................................35417
47  Revised........................................................43040
48  Authority citation amended..............................33657, 43045
48.4082-1  Added...................................................33657
48.4082-1T  Removed................................................33657
48.4221-3  (e) added...............................................43045
48.6416(b)(2)-2  (b) text redesignated as (b)(1) and amended; new 
        (b)(1) heading and (b)(2) added............................43046

                                  1995

26 CFR
                                                                   60 FR
                                                                    Page
40  Technical correction...........................................54803
40.6302(c)-0  Removed..............................................40081
40.6302(c)-1  (e)(4) added.........................................40081
40.6302(c)-5T  Added...............................................44759
48  Authority citation amended.....................................40081
48.4041-8  (f)(1) introductory text and (i) revised; (f)(1)(ii) 
        redesignated as (f)(1)(iii); new (f)(1)(ii) added; (f)(2) 
        amended....................................................40081
48.4041-21  Revised................................................40082
    (c)(4) corrected...............................................50245
48.4081-0  Removed.................................................40082
48.4081-3  (b)(1) revised..........................................40082
48.4081-6  Revised.................................................40082
48.4081-7  Heading, (b)(4), (c)(1), (3), (d) and (g) revised; (a), 
        (b), (c)(2), (4)(i)(A), (B), (ii)(A), (B), (iii), (iv)(A), 
        (B) and (f) Example 1 amended; (c)(5) removed..............40085
48.4101-3  Added...................................................40086

                                  1996

26 CFR
                                                                   61 FR
                                                                    Page
40  Authority citation amended.....................................10452
40.6011(a)-1  (b) existing text redesignated as (b)(1); new (b)(1) 
        heading and (2) added......................................10452
    (c) amended; (d) removed.......................................58005
40.6011(a)-2  (b)(2) amended.......................................58005
40.6011(a)-3T  Removed.............................................10453

[[Page 339]]

40.6302(c)-1  (b)(1)(ii), (5)(ii), (6)(iii), (c)(2)(iv), (3)(iii) 
        and (g) removed; (b)(1)(iii), (5)(iii), (c)(3)(iv), (e) 
        and (f) redesignated as (b)(1)(ii), (5)(ii), (c)(3)(iii), 
        (f) and (g); (a), (b)(1)(i), new (5)(ii), (6)(ii), 
        (c)(2)(i)(A), (iii)(B) and new (f)(3)(ii) amended; new (e) 
        added......................................................58005
40.6302(c)-2  (b)(2)(i)(A) and (ii)(B) amended; (c) revised........58005
40.6302(c)-3  (f) and (g) redesignated as (g) and (h); (b)(1)(ii), 
        (3) and new (h) amended; new (f) added.....................58006
40.6302(c)-4  (d) redesignated as (e); (a), (b)(1) and new (e) 
        amended; new (d) added.....................................58007
40.6302(c)-5T  Removed.............................................58007
40.9999-1  Examples 1 and 3 amended................................58007
42  Removed........................................................10453
48  Authority citation amended..............................10453, 66216
48.0-1  Amended....................................................10453
48.4041-0  Added...................................................10453
48.4041-0T  Removed................................................10453
48.4041-1  Removed.................................................10453
48.4041-2  Removed.................................................10453
48.4041-2T  Removed................................................10453
48.4041-15  Transfered to Subpart F................................10453
48.4041-16  Transfered to Subpart F................................10453
48.4041-17  Transfered to Subpart F................................10453
48.4041-18  Transfered to Subpart F................................10453
48.4041-19  Transfered to Subpart F................................10453
48.4041-20  Transfered to Subpart F................................10453
48.4041-21  Transfered to Subpart F; (c)(1) amended................10453
48.4042-1  Heading revised.........................................10453
    (b) and (e) revised; (f)(1) amended; (g)(25) and (26) 
redesignated as (g)(26) and (27); new (g)(27) added................10453
48.4061(a)-1--48.4102-1 (Subpart H)  Heading revised...............10453
48.4064-1  (e)(2) amended..........................................10453
48.4081-0  Undesignated center heading revised.....................10453
48.4081-1  Revised.................................................10453
48.4081-2  Revised.................................................10455
48.4081-3  Revised.................................................10455
48.4081-4  Heading and (c)(3) revised; (a), (b)(1)(i), (ii), 
        (2)(i), (c)(1), (2), (d), (e)(2), (3) and (f) amended; 
        (c)(4) removed.............................................10457
48.4081-5  Heading revised; (a), (b)(1) introductory text, (2), 
        (3) and (c) amended........................................10457
48.4081-6  Heading revised.........................................10457
48.4081-7  (c)(2) and (4)(i)(A) amended............................10457
48.4081-8  Revised.................................................10457
48.4081-10T  Removed...............................................10457
48.4081-11T  Removed...............................................10457
48.4081-12T  Removed...............................................10457
48.4082-1  Revised.................................................10457
48.4082-2  Added...................................................10457
    (a) amended....................................................58007
48.4082-2T  Removed................................................10457
48.4082-3  Added...................................................10458
48.4082-3T  Removed................................................10457
48.4082-4  Added...................................................10458
48.4082-4T  Removed................................................10457
48.4082-5T  Added..................................................66216
48.4083  Removed...................................................10457
48.4083-1  Added...................................................10458
    (b)(1) introductory text and (d)(1) amended....................58007
48.4101-1--48.4102-1  Undesignated center heading removed..........10459
48.4101-1  Revised.................................................10459
    (f)(3)(ii)(D) corrected........................................28053
48.4101-2  Revised.................................................10462
48.4101-2T  Removed................................................10462
48.4101-3  Removed.................................................10462
48.4101-3T  Removed................................................10462
48.4101-4T  Removed................................................10462
48.4102-1  (a) revised; (b)(1) and (2) amended.....................10462
48.4221  Removed...................................................10462
48.4221-1  (a) and (b)(2)(v) revised; (b)(2)(iv) amended; 
        (b)(2)(vi) through (xii) and (3) removed; (b)(4) and (5) 
        redesignated as (b)(3) and (4).............................10462
48.4221-2  (a)(1) amended; (a)(2) removed; (a)(3) redesignated as 
        (a)(2); (b) revised........................................10463
48.4221-5  (c)(1) and (d) amended..................................10463
48.4221-8  Removed; new 48.4221-8 redesignated from 48.4221-11.....10463
48.4221-9  Removed.................................................10463
48.4221-10  Removed................................................10463

[[Page 340]]

48.4221-11  Redesignated as 48.4221-8..............................10463
48.4221-12  Removed................................................10463
48.4222(a)-1  (a) and (b) revised..................................10463
48.4222(b)-1  (a) revised..........................................10463
48.4222(d)-1  (a), (b), (c), (e) and (f) removed; (d) and (g) 
        redesignated as (a) and (b)................................10463
48.6206-1  Removed.................................................10463
48.6416(g)-1  Removed..............................................10463
48.6416(b)(2)-2  (g) through (k) removed...........................10463
48.6421-3  (d)(2) amended..........................................10463
48.6424-0  Removed.................................................10463
48.6424-1  Removed.................................................10463
48.6424-2  Removed.................................................10463
48.6424-3  Removed.................................................10463
48.6424-4  Removed.................................................10463
48.6424-5  Removed.................................................10463
48.6424-6  Removed.................................................10463
48.6427-3  (d)(2) amended..........................................10464
48.6427-7  (g)(4) amended..........................................10464
    Removed........................................................58007
48.6427-8  Added...................................................10464
48.6427-8T  Removed................................................10465
48.6427-9  Added...................................................10464
48.6427-9T  Removed................................................10465
48.6675-1  Removed.................................................10465
48.6714-1  Added....................................................1046
48.6714-1  Redesignated as 48.6715-1...............................58007
48.6715-1  Redesignated from 48.6714-1; (a) introductory text 
        amended....................................................58007
48.6715-2T  Added..................................................66216
49.4291-1 (Subpart F)  Added.......................................58007

                                  1997

   (Regulations published from January 1, 1997, through April 1, 1997)

26 CFR
                                                                   62 FR
                                                                    Page
53.6011-1  (b) amended................................................26
53.6071-1T  Added.....................................................26