[Code of Federal Regulations]

[Title 26, Volume 16]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 26CFR48.0-1]



[Page 49-52]

 

                       TITLE 26--INTERNAL REVENUE

 

    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 

                               (CONTINUED)

 

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

 

                         Subpart A_Introduction

 

Sec.  48.0-1  Introduction.









                         Subpart A_Introduction



Sec.

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



48.4052-1 Heavy trucks and trailers; certification requirement.

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.



                              Taxable Fuel



48.4081-1 Taxable fuel; definitions.

48.4081-1T Taxable fuel; definitions (temporary).

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.



[[Page 50]]



48.4081-3T Taxable fuel; taxable events other than removal at the 

          terminal rack (temporary).

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.

48.4081-7 Taxable fuel; conditions for refunds of taxable fuel tax under 

          section 4081(e).

48.4081-8 Taxable fuel; measurement.

48.4082-1 Diesel fuel and kerosene; exemption for dyed fuel.

48.4082-1T Diesel fuel and kerosene; exemption for dyed fuel 

          (temporary).

48.4082-2 Diesel fuel and kerosene; notice required for dyed fuel.

48.4082-3 Diesel fuel and kerosene; visual inspection devices. 

          [Reserved]

48.4082-4 Diesel fuel and kerosene; back-up tax.

48.4082-5 Diesel fuel and kerosene; Alaska.

48.4082-6 Kerosene; exemption for aviation-grade kerosene.

48.4082-7 Kerosene; exemption for feedstock purposes.

48.4083-1 Taxable fuel; administrative authority.

48.4091-3 Aviation fuel; conditions to allowance of refunds of aviation 

          fuel tax under section 4091(d).

48.4101-1 Taxable fuel; registration.

48.4101-1T Taxable fuel; registration (temporary).

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.



[[Page 51]]



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.

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)(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(a)-2 Gasoline includible in claim.

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 Diesel fuel and kerosene; claims by ultimate purchasers.

48.6427-9 Diesel fuel and kerosene; claims by registered ultimate 

          vendors (farming and State use).

48.6427-10 Kerosene; claims by registered ultimate vendors (blocked 

          pumps).

48.6427-11 Kerosene; claims by registered ultimate vendors (blending).

48.6715-1 Penalty for misuse of dyed fuel.



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

    Section 48.4052-1 also issued under 26 U.S.C. 4052(g).

    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);

    Section 48.4081-7 also issued under 26 U.S.C. 4081(e).



[[Page 52]]



    Section 48.4082-1 also issued under 26 U.S.C. 4082.

    Section 48.4082-1T also issued under 26 U.S.C. 4082(a).

    Section 48.4082-2 also issued under 26 U.S.C. 4082.

    Section 48.4082-5 also issued under 26 U.S.C. 4082.

    Section 48.4082-6 also issued under 26 U.S.C. 4082(d).

    Section 48.4082-7 also issued under 26 U.S.C. 4082(d).

    Section 48.4101-1 also issued under 26 U.S.C. 4101(a).

    Section 48.4101-2 also issued under 26 U.S.C. 6071(a).

    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).

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

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

    Section 48.6427-10 also issued under 26 U.S.C. 6427(m).

    Section 48.6427-11 also issued under 26 U.S.C. 6427(m).







    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]