[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR53.99]

[Page 887]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 53--MANUFACTURERS EXCISE TAXES--FIREARMS AND AMMUNITION--Table of Contents
 
     Subpart J--Special Provisions Applicable to Manufacturers Taxes
 
Sec. 53.99  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) of the Code, 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 of 
the Code 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 of the 
Code 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) of the Code) has been made. The tax 
shall continue to be paid as provided by section 4216(c) of the Code.
    (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) of the Code and Sec. 53.183, the manufacturer, 
producer, or importer shall pay tax as provided by section 4216(c) of 
the Code and Sec. 53.98 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. 53.98 or 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)).

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