Publication 510 |
2008 Tax Year |
The following discussion of manufacturers taxes applies to the tax on:
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Sport fishing equipment;
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Fishing rods and fishing poles;
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Electric outboard motors;
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Fishing tackle boxes;
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Bows, quivers, broadheads, and points;
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Arrow shafts;
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Coal;
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Taxable tires;
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Gas guzzler automobiles; and
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Vaccines.
Manufacturer.
The term “ manufacturer” includes a producer or importer. A manufacturer is any person who produces a taxable article from new or raw material,
or from scrap, salvage, or junk material, by processing or changing the form of an article or by combining or assembling two
or more articles. If you
furnish the materials and keep title to those materials and to the finished article, you are considered the manufacturer even
though another person
actually manufactures the taxable article.
A manufacturer who sells a taxable article in knockdown (unassembled) condition is liable for the tax. The person
who buys these component parts
and assembles a taxable article may also be liable for tax as a further manufacturer depending on the labor, material, and
overhead required to
assemble the completed article if the article is assembled for business use.
Importer.
An importer is a person who brings a taxable article into the United States, or withdraws a taxable article from a
customs bonded warehouse for
sale or use in the United States.
Sale.
A sale is the transfer of the title to, or the substantial incidents of ownership in, an article to a buyer for consideration
that may consist of
money, services, or other things.
Use considered sale.
A manufacturer who uses a taxable article is liable for the tax in the same manner as if it were sold.
Lease considered sale.
The lease of an article (including any renewal or extension of the lease) by the manufacturer is generally considered
a taxable sale. However, for
the gas guzzler tax, only the first lease (excluding any renewal or extension) of the automobile by the manufacturer is considered
a sale.
Manufacturers taxes based on sale price.
The manufacturers taxes imposed on the sale of sport fishing equipment, electric outboard motors, and bows are based
on the sale price of the
article. The taxes imposed on coal are based either on the sale price or the weight.
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. However, you include certain charges made when a taxable article is sold and you exclude others.
To figure the price on
which you base the tax, use the following rules.
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Include both the following charges in the price.
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Any charge for coverings or containers (regardless of their nature).
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Any charge incident to placing the article in a condition packed ready for shipment.
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Exclude all the following amounts from the price.
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The manufacturers excise tax, whether or not it is stated as a separate charge.
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The transportation charges pursuant to the sale.
The cost of transportation of goods to a warehouse before their bona fide sale is not excludable.
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Delivery, insurance, installation, retail dealer preparation charges, and other charges you incur in placing the article in
the hands of the
purchaser under a bona fide sale.
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Discounts, rebates,
and similar allowances actually granted to the purchaser.
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Local advertising charges.
A charge made separately when the article is sold and that qualifies as a charge for “local
advertising” may, within certain limits, be excluded from the sale price.
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Charges for warranty paid at the purchaser's option.
However, a charge for a warranty of an article that the manufacturer requires the purchaser to pay to
obtain the article is included in the sale price on which the tax is figured.
Bonus goods.
Allocate the sale price if you give free nontaxable goods with the purchase of taxable merchandise. Figure the tax
only on the sale price
attributable to the taxable articles.
Example.
A manufacturer sells a quantity of taxable articles and gives the purchaser certain nontaxable articles as a bonus. The sale
price of the shipment
is $1,500. The normal sale price is $2,000: $1,500 for the taxable articles and $500 for the nontaxable articles. Since the
taxable items represent
75% of the normal sale price, the tax is based on 75% of the actual sale price, or $1,125 (75% of $1,500). The remaining $375
is allocated to the
nontaxable articles.
Tax attaches when the title to the article sold passes from the manufacturer to the buyer. When the title passes depends on
the intention of the
parties as gathered from the contract of sale. In the absence of expressed intention, the legal rules of presumption followed
in the jurisdiction
where the sale occurs determine when title passes.
If the taxable article is used by the manufacturer, the tax attaches at the time use begins.
The manufacturer is liable for the tax.
Partial payments.
The tax applies to each partial payment received when taxable articles are:
To figure the tax, multiply the partial payment by the tax rate in effect at the time of the payment.
The following sales by the manufacturer are exempt from the manufacturers tax.
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Sale of an article to a state or local government for the exclusive use of the state or local government. This exemption does
not apply to
the taxes on coal, gas guzzlers, and vaccines. State is defined in Definitions under Fuel Taxes, in chapter 1.
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Sale of an article to a nonprofit educational organization for its exclusive use. This exemption does not apply to the taxes
on coal, gas
guzzlers, and vaccines. Nonprofit educational organization is defined under Communications Tax in chapter 4.
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Sale of an article to a qualified blood collector organization. This exemption does not apply to gas guzzlers, recreational
equipment, and
vaccines. Qualified blood collector organizations are defined under Communications Tax in chapter 4.
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Sale of an article for use by the purchaser as supplies for vessels. This exemption does not apply to the taxes on coal and
vaccines.
Supplies for vessels means ships' stores, sea stores, or legitimate equipment on vessels of war of the United States or any
foreign nation, vessels
employed in the fisheries or whaling business, or vessels actually engaged in foreign trade.
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Sale of an article for use by the purchaser for further manufacture, or for resale by the purchaser to a second purchaser
for use by the
second purchaser for further manufacture. This exemption does not apply to the tax on coal and tires. Use for further manufacture
means use in the
manufacture or production of an article subject to the manufacturers excise taxes. If you buy articles tax free and resell
or use them other than in
the manufacture of another article, you are liable for the tax on their resale or use just as if you had manufactured and
sold them.
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Sale of an article for export or for resale by the purchaser to a second purchaser for export. The article may be exported
to a foreign
country or to a possession of the United States. A vaccine shipped to a possession of the United States is not considered
to be exported. If an
article is sold tax free for export and the manufacturer does not receive proof of export, described later, the manufacturer
is liable for the tax.
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Sales of articles of native Indian handicraft, such as bows and arrow shafts, manufactured by Indians on reservations, in
Indian schools, or
under U.S. jurisdiction in Alaska.
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For tire exemptions, see Internal Revenue Code section 4221(e)(2).
Requirements for Exempt Sales
The following requirements must be met for a sale to be exempt from the manufacturers tax.
Registration requirements.
The manufacturer, first purchaser, and second purchaser in the case of resales must be registered. See the Form 637
instructions for more
information.
Exceptions to registration requirements.
Registration is not required for:
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State or local governments,
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Foreign purchasers of articles sold or resold for export,
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The United States, or
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Parties to a sale of supplies for vessels and aircraft.
Certification requirement.
If the purchaser is required to be registered, the purchaser must give the manufacturer its registration number and
certify the exempt purpose for
which the article will be used. The 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 the sale.
For a sale to a state or local government, an exemption certificate must be signed by an officer or employee authorized
by the state or local
government. See Regulations section 48.4221-5(c) for the certificate requirements.
For sales for use as supplies for vessels and aircraft, if the manufacturer and purchaser are not registered, the
owner or agent of the vessel must
provide an exemption certificate to the manufacturer before or at the time of sale. See Regulations section 48.4221-4(d) for
the certificate
requirements.
Proof of export requirement.
Within 6 months of the date of sale or shipment by the manufacturer, whichever is earlier, the manufacturer must receive
proof of exportation. See
Regulations section 48.4221-3(d) for evidence that qualifies as proof of exportation.
Proof of resale for further manufacture requirement.
Within 6 months of the date of sale or shipment by the manufacturer, whichever is earlier, the manufacturer must receive
proof that the article has
been resold for use in further manufacture. See Regulations section 48.4221-2(c) for evidence that qualifies as proof of resale.
Information to be furnished to purchaser.
The manufacturer must indicate to the purchaser that the articles normally would be subject to tax and are being sold
tax free for an exempt
purpose because the purchaser has provided the required certificate.
The manufacturer may be eligible to obtain a credit or refund of the manufacturers tax for certain uses, sales, exports, and
price readjustments.
The claim must set forth in detail the facts upon which the claim is based.
Uses, sales, and exports.
A credit or refund (without interest) of the manufacturers taxes may be allowable if a tax-paid article is, by any
person:
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Exported,
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Used or sold for use as supplies for vessels (except for coal and vaccines),
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Sold to a state or local government for its exclusive use (except for coal, gas guzzlers, and vaccines),
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Sold to a nonprofit educational organization for its exclusive use (except for coal, gas guzzlers, and vaccines),
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Sold to a qualified blood collector organization for its exclusive use (except for gas guzzlers, recreational equipment, and
vaccines),
or
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Used for further manufacture of another article subject to the manufacturers taxes (except for coal).
Export.
If a tax-paid article is exported, the exporter or shipper may claim a credit or refund if the manufacturer waives
its right to claim the credit or
refund. In the case of a tax-paid article used to make another taxable article, the subsequent manufacturer may claim the
credit or refund.
Price readjustments.
In addition, a credit or refund (without interest) may be allowable for a tax-paid article for which the price is
readjusted by reason of return or
repossession of the article or a bona fide discount, rebate, or allowance for taxes based on price.
Conditions to allowance.
To claim a credit or refund in the case of export; supplies for vessels; or sales to a state or local government,
nonprofit educational
organization, or qualified blood collector organization; the person who paid the tax must certify on the claim that one of
the following applies and
that the claimant has the required supporting information.
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The claimant sold the article at a tax-excluded price.
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The person has repaid, or agreed to repay, the tax to the ultimate vendor of the article.
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The person has obtained the written consent of the ultimate vendor to make the claim.
The ultimate vendor generally is the seller making the sale that gives rise to the overpayment of tax.
Claim for further manufacture.
To claim a credit or refund for further manufacture, the claimant must include a statement that contains the following.
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The name and address of the manufacturer and the date of payment.
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An identification of the article for which the credit or refund is claimed.
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The amount of tax paid on the article and the date on which it was paid.
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Information indicating that the article was used 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.
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An identification of the second article.
For claims by the exporter or shipper, the claim must contain the proof of export and a statement signed by the person
that paid the tax waiving
the right to claim a credit or refund. The statement must include the amount of tax paid, the date of payment, and the office
to which it was paid.
Claim for price readjustment.
To claim a credit or refund for a price readjustment, the person who paid the tax must include with the claim, a statement
that contains the
following.
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A description of the circumstances that gave rise to the price readjustment.
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An identification of the article whose price was readjusted.
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The price at which the article was sold.
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The amount of tax paid on the article and the date on which it was paid.
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The name and address of the purchaser.
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The amount repaid to the purchaser or credited to the purchaser's account.
A tax of 10% of the sale price is imposed on many articles of sport fishing equipment sold by the manufacturer. This includes
any parts or
accessories sold on or in connection with the sale of those articles.
Pay this tax with Form 720. No tax deposits are required.
Sport fishing equipment includes all the following items.
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Fishing rods and poles (and component parts), fishing reels, fly fishing lines, and other fishing lines not over 130 pounds
test, fishing
spears, spear guns, and spear tips.
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Items of terminal tackle, including leaders, artificial lures, artificial baits, artificial flies, fishing hooks, bobbers,
sinkers, snaps,
drayles, and swivels (but not including natural bait or any item of terminal tackle designed for use and ordinarily used on
fishing lines not
described in (1)).
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The following items of fishing supplies and accessories: fish stringers, creels, bags, baskets, and other containers designed
to hold fish,
portable bait containers, fishing vests, landing nets, gaff hooks, fishing hook disgorgers, and dressing for fishing lines
and artificial
flies.
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Fishing tip-ups and tilts.
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Fishing rod belts, fishing rodholders, fishing harnesses, fish fighting chairs, fishing outriggers, and fishing downriggers.
See Revenue Ruling 88-52 in Cumulative Bulletin 1988-1 for a more complete description of the items of taxable equipment.
Fishing rods and fishing poles.
The tax on fishing rods and fishing poles (and component parts) is 10% of the sales price not to exceed $10 per article.
The tax is paid by the
manufacturer, producer, or importer.
Fishing tackle boxes.
The tax on fishing tackle boxes is 3% of the sales price. The tax is paid by the manufacturer, producer, or importer.
Electric outboard boat motors.
A tax of 3% of the sale price is imposed on the sale by the manufacturer of electric outboard motors. This includes
any parts or accessories sold
on or in connection with the sale of those articles.
Certain equipment resale.
The tax on the sale of sport fishing equipment is imposed a second time under the following circumstances. If the
manufacturer sells a taxable
article to any person, the manufacturer is liable for the tax. If the purchaser or any other person then sells it to a person
who is related
(discussed next) to the manufacturer, that related person is liable for a second tax on any subsequent sale of the article.
The second tax, however,
is not imposed if the constructive sale price rules under Internal Revenue Code section 4216(b) apply to the sale by the manufacturer.
If the second tax is imposed, a credit for tax previously paid by the manufacturer is available provided the related
person can document the tax
paid. The documentation requirement is generally satisfied only through submission of copies of actual records of the person
that previously paid the
tax.
Related person.
For the tax on sport fishing equipment, a person is a related person of the manufacturer if that person and the manufacturer
have a relationship
described in Internal Revenue Code section 465(b)(3)(C).
Bows, Quivers, Broadheads, and Points
The tax on bows is 11% (.11) of the sales price. The tax is paid by the manufacturer, producer, or importer. It applies to
bows having a peak draw
weight of 30 pounds or more. The tax is also imposed on the sale of any part or accessory suitable for inclusion in or attachment
to a taxable bow and
any quiver, broadhead, or point suitable for use with arrows described below.
Pay this tax with Form 720. No tax deposits are required.
The tax on arrow shafts is $.43 per arrow shaft beginning January 1, 2008. The tax is paid by the manufacturer, producer,
or importer of any arrow
shaft (whether sold separately or incorporated as part of a finished or unfinished product) of a type used in the manufacture
of any arrow which after
its assembly meets either of the following conditions.
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It measures 18 inches or more in overall length.
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It measures less than 18 inches in overall length but is suitable for use with a taxable bow, described earlier.
Pay this tax with Form 720. No tax deposits are required.
A tax is imposed on the first sale of coal mined in the United States. The producer of the coal is liable for the tax. The
producer is
the person who has vested ownership of the coal under state law immediately after the coal is severed from the ground. Determine
vested ownership
without regard to any contractual arrangement for the sale or other disposition of the coal or the payment of any royalties
between the producer and
third parties. A producer includes any person who extracts coal from coal waste refuse piles (or from the silt waste product
that results from the wet
washing of coal).
The tax is not imposed on coal extracted from a riverbed by dredging if it can be shown that the coal has been taxed previously.
Tax rates.
The tax on underground-mined coal is the lower of:
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$1.10 a ton, or
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4.4% of the sale price.
The tax on surface-mined coal is the lower of:
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55 cents a ton, or
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4.4% of the sale price.
Coal will be taxed at the 4.4% rate if the selling price is less than $25 a ton for underground-mined coal and less
than $12.50 a ton for
surface-mined coal. Apply the tax proportionately if a sale or use includes a portion of a ton.
Example.
If you sell 21,000 pounds (10.5 tons) of coal from an underground mine for $525, the price per ton is $50. The tax is $1.10
× 10.5 tons
($11.55).
Coal production.
Coal is produced from surface mines if all geological matter (trees, earth, rock) above the coal is removed before
the coal is mined. Treat coal
removed by auger and coal reclaimed from coal waste refuse piles as produced from a surface mine.
Treat coal as produced from an underground mine when the coal is not produced from a surface mine. In some cases,
a single mine may yield coal from
both surface mining and underground mining. Determine if the coal is from a surface mine or an underground mine for each ton
of coal produced and not
on a mine-by-mine basis.
Determining tonnage or selling price.
The producer pays the tax on coal at the time of sale or use. In figuring the selling price for applying the tax,
the point of sale is f.o.b. (free
on board) mine or f.o.b. cleaning plant if you clean the coal before selling it. This applies even if you sell the coal for
a delivered price. The
f.o.b. mine or f.o.b. cleaning plant is the point at which you figure the number of tons sold for applying the applicable
tonnage rate, and the point
at which you figure the sale price for applying the 4.4% rate.
The tax applies to the full amount of coal sold. However, the IRS allows a calculated reduction of the taxable weight
of the coal for the weight of
the moisture in excess of the coal's inherent moisture content. Include in the sale price any additional charge for a freeze-conditioning
additive in
figuring the tax.
Do not include in the sales price the excise tax imposed on coal.
Coal used by the producer.
The tax on coal applies if the coal is used by the producer in other than a mining process. A mining process means
the same for this purpose as for
percentage depletion. For example, the tax does not apply if, before selling the coal, you break it, clean it, size it, or
apply any other process
considered mining under the rules for depletion. In this case, the tax applies only when you sell the coal. The tax does not
apply to coal used as
fuel in the coal drying process since it is considered to be used in a mining process. However, the tax does apply when you
use the coal as fuel or as
an ingredient in making coke since the coal is not used in a mining process.
You must use a constructive sale price to figure the tax under the 4.4% rate if you use the coal in other than a mining
process. Base your
constructive sale price on sales of a like kind and grade of coal by you or other producers made f.o.b. mine or cleaning plant.
Normally, you use the
same constructive price used to figure your percentage depletion deduction.
Blending.
If you blend surface-mined coal with underground-mined coal during the cleaning process, you must figure the excise
tax on the sale of the blended,
cleaned coal. Figure the tax separately for each type of coal in the blend. Base the tax on the amount of each type in the
blend if you can determine
the proportion of each type of coal contained in the final blend. Base the tax on the ratio of each type originally put into
the cleaning process if
you cannot determine the proportion of each type of coal in the blend. However, the tax is limited to 4.4% of the sale price
per ton of the blended
coal.
Exemption from tax.
The tax does not apply to sales of lignite and imported coal. The only other exemption from the tax on the sale of
coal is for coal exported as
discussed next.
Exported.
The tax does not apply to the sale of coal if the coal is in the stream of export when sold by the producer and the
coal is actually exported.
Coal is in the stream of export when sold by the producer if the sale is a step in the exportation of the coal to
its ultimate destination in a
foreign country. For example, coal is in the stream of export when:
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The coal is loaded on an export vessel and title is transferred from the producer to a foreign purchaser, or
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The producer sells the coal to an export broker in the United States under terms of a contract showing that the coal is to
be shipped to a
foreign country.
Proof of export includes any of the following items.
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A copy of the export bill of lading issued by the delivering carrier.
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A certificate signed by the export carrier's agent or representative showing actual exportation of the coal.
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A certificate of lading signed by a customs officer of the foreign country to which the coal is exported.
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If the foreign country does not have a customs administrator, a statement of the foreign consignee showing receipt of the
coal.
Taxable tires are divided into three categories for reporting and figuring the tax as described below.
A tax is imposed on taxable tires sold by the manufacturer, producer, or importer at the rate of $.0945 ($.04725 in the case
of a biasply tire or
super single tire) for each 10 pounds of the maximum rated load capacity over 3,500 pounds. The three categories for reporting
the tax and the tax
rate are listed below.
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Taxable tires other than biasply or super single tires at $.0945.
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Taxable tires, biasply or super single tires (other than super single tires designed for steering) at $.04725.
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Taxable tires, super single tires designed for steering at $.0945.
A taxable tire is any tire of the type used on highway vehicles if wholly or partially made of rubber and if marked according to federal
regulations for highway use. A biasply tire is a pneumatic tire on which the ply cords that extend to the beads are laid at
alternate angles
substantially less than 90 degrees to the centerline of the tread. A super single tire is a tire greater than 13 inches in
cross section width
designed to replace 2 tires in a dual fitment.
Special rule, manufacturer's retail stores.
The excise tax on taxable tires is imposed at the time the taxable tires are delivered to the manufacturer-owned retail
stores, not at the time of
sale.
Tires on imported articles.
The importer of an article equipped with taxable tires is treated as the manufacturer of the tires and is liable for
the taxable tire excise tax
when the article is sold (except in the case of an automobile bus chassis or body with tires).
Tires exempt from tax.
The tax on taxable tires does not apply to the following items.
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Recapped or retreaded tires if the tires have been sold previously in the United States and were taxable tires at the time
of sale.
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Tire carcasses not suitable for commercial use.
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Tires for use on qualifying intercity, local, and school buses. For tax-free treatment, the registration requirements discussed
earlier
under Requirements for Exempt Sales apply.
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Tires sold for the exclusive use of the Department of Defense or the Coast Guard.
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Tires of a type used exclusively on mobile machinery.
Qualifying intercity or local bus.
This is any bus used mainly (more than 50%) to transport the general public for a fee and that either operates on
a schedule along regular routes
or seats at least 20 adults (excluding the driver).
Qualifying school bus.
This is any bus substantially all the use (85% or more) of which is to transport students and employees of schools.
Credit or refund.
A credit or refund (without interest) is allowable on tax-paid tires if the tires have been:
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Exported;
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Sold to a state or local government for its exclusive use;
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Sold to a nonprofit educational organization for its exclusive use (as defined under Communications Tax in chapter
4);
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Sold to a qualified blood collector organization (as defined under Communications Tax in chapter 4) for its exclusive use in
connection with a vehicle the organization certifies will be primarily used in the collection, storage, or transportation
of blood;
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Used or sold for use as supplies for vessels; or
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Sold in connection with qualified intercity, local, or school buses.
Also, a credit or refund (without interest) is allowable on tax-paid tires sold by any person on, or in connection
with, any other article that is
sold or used in an activity listed above.
The person who paid the tax is eligible to make the claim.
Tax is imposed on the sale by the manufacturer of automobiles of a model type that has a fuel economy standard as measured
by the Environmental
Protection Agency (EPA) of less than 22.5 miles per gallon. If you import an automobile for personal use, you may be liable
for this tax. Figure the
tax on Form 6197, as discussed later. The tax rate is based on fuel economy rating. The tax rates for the gas guzzler tax
are shown on Form 6197.
A person that lengthens an existing automobile is the manufacturer of an automobile.
Automobiles.
An automobile (including limousines) means any four-wheeled vehicle that is:
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Rated at an unloaded gross vehicle weight of 6,000 pounds or less,
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Propelled by an engine powered by gasoline or diesel fuel, and
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Intended for use mainly on public streets, roads, and highways.
Vehicles not subject to tax.
For the gas guzzler tax, the following vehicles are not considered automobiles.
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Limousines with a gross unloaded vehicle weight of more than 6,000 pounds.
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Vehicles operated exclusively on a rail or rails.
-
Vehicles sold for use and used primarily:
-
As ambulances or combination ambulance-hearses,
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For police or other law enforcement purposes by federal, state, or local governments, or
-
For firefighting purposes.
-
Vehicles treated under 49 USC 32901 (1978) as non-passenger automobiles. This includes limousines manufactured primarily to
transport more
than 10 persons.
The manufacturer can sell a vehicle described in item (3) tax free only when the sale is made directly to a purchaser
for the described emergency
use and the manufacturer and purchaser (other than a state or local government) are registered.
Treat an Indian tribal government as a state only if the police or other law enforcement purposes are an essential
tribal government function.
Model type.
Model type is a particular class of automobile as determined by EPA regulations.
Fuel economy.
Fuel economy is the average number of miles an automobile travels on a gallon of gasoline (or diesel fuel) rounded
to the nearest 0.1 mile as
figured by the EPA.
Imported automobiles.
The tax also applies to automobiles that do not have a prototype-based fuel economy rating assigned by the EPA. An
automobile imported into the
United States without a certificate of conformity to United States emission standards and that has no assigned fuel economy
rating must be either:
-
Converted by installation of emission controls to conform in all material respects to an automobile already certified for
sale in the United
States, or
-
Modified by installation of emission control components and individually tested to demonstrate emission compliance.
An imported automobile that has been converted to conform to an automobile already certified for sale in the United
States may use the fuel economy
rating assigned to that certified automobile.
A fuel economy rating is not generally available for modified imported automobiles because the EPA does not require
a highway fuel economy test on
them. A separate highway fuel economy test would be required to devise a fuel economy rating (otherwise the automobile is
presumed to fall within the
lowest fuel economy rating category).
For more information about fuel economy ratings for imported automobiles, see Revenue Ruling 86-20 and Revenue Procedure
86-9 in Cumulative
Bulletin 1986-1, and Revenue Procedure 87-10 in Cumulative Bulletin 1987-1.
Exemptions.
No one is exempt from the gas guzzler tax, including the federal government, state and local governments, qualified
blood collector organizations,
and nonprofit educational organizations. However, see Vehicles not subject to tax, earlier.
Form 6197.
Use Form 6197 to figure your tax liability for each quarter. Attach Form 6197 to your Form 720 for the quarter. See
the Form 6197 instructions for
more information and the one-time filing rules.
Credit or refund.
If the manufacturer paid the tax on a vehicle that is used or resold for an emergency use (see item (3) under Vehicles not subject to
tax), the manufacturer can claim a credit or refund. For information about how to file for credits or refunds, see the Instructions
for Form 720
or Form 8849.
Tax is imposed on certain vaccines sold by the manufacturer in the United States. A taxable vaccine means any of the following
vaccines.
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Any vaccine containing diphtheria toxoid.
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Any vaccine containing tetanus toxoid.
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Any vaccine containing pertussis bacteria, extracted or partial cell bacteria, or specific pertussis antigens.
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Any vaccine containing polio virus.
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Any vaccine against measles.
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Any vaccine against mumps.
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Any vaccine against rubella.
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Any vaccine against hepatitis A.
-
Any vaccine against hepatitis B.
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Any vaccine against chicken pox.
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Any vaccine against rotavirus gastroenteritis.
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Any HIB vaccine.
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Any conjugate vaccine against streptococcus pneumoniae.
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Any trivalent vaccine against influenza.
-
Any meningococcal vaccine.
-
Any vaccine against the human papillomavirus.
The tax is $.75 per dose of each taxable vaccine. The tax per dose on a vaccine that contains more than one taxable vaccine
is $.75 times the
number of taxable vaccines.
Taxable use.
Any manufacturer (including a governmental entity) that uses a taxable vaccine before it is sold will be liable for
the tax in the same manner as
if the vaccine was sold by the manufacturer.
Credit or refund.
A credit or refund (without interest) is available if the vaccine is:
The claim for a credit or refund must be filed within 6 months after the vaccine is returned or destroyed.
Conditions to allowance.
To claim a credit or refund, the person who paid the tax must have repaid or agreed to repay the tax to the ultimate
purchaser of the vaccine or
obtained the written consent of such purchaser to allowance of the credit or refund.
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