[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR53.104]

[Page 186-187]
 
            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.  53.104  Limitation on amount of tax applicable to certain leases.

    (a) Conditions for eligibility. Section 4217(b) of the Code 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) of the Code does not apply, 
tax shall be computed and paid as provided in section 4216(c) of the 
Code and paragraph (a) of Sec.  53.98.
    (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. 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 in paid. In case 
of a lease of an article to which section 4217(b) of the Code 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. If the rate of 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) of the Code 
applies, which would be due on the constructive sale price of the 
article as determined under section 4216(b) of the Code and Sec.  53.95, 
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 (f)(2) of 
this section, the provisions of section 4216(b) of the Code 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 
(f)(2) of this section shall be computed on a constructive sale price as 
provided in Sec.  53.95.
    (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

[[Page 187]]

of the Code shall not apply to such sale.

             Use by Manufacturer or Importer Considered Sale