[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR794.121]

[Page 708]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 794_PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK 
 
Subpart B_Exemption From Overtime Pay Requirements Under Section 7(b)(3) 
                               of the Act
 
Sec. 794.121  Exclusion of excise taxes.

    The computation of the annual gross volume of sales of the 
enterprise for purposes of section 7(b)(3) is made ``exclusive of excise 
taxes.'' It will be noted that the excise taxes excludable under section 
7(b)(3) are not, like those referred to in section 3(s)(1) and section 
13(a)(2), limited to those ``at the retail level which are separately 
stated.'' Under section 7(b)(3), therefore, all excise taxes which are 
included in the sales price may be excluded in computing the annual 
gross volume of the enterprise.