[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: 27CFR53.61]

[Page 169-170]
 
            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 G_Tax Rates
 
Sec.  53.61  Imposition and rates of tax.


    (a) Imposition of tax. Section 4181 of the Code imposes a tax on the 
sale of the following articles by the manufacturer, producer, or 
importer thereof:
    (1) Pistols;
    (2) Revolvers;
    (3) Firearms (other than pistols and revolvers); and
    (4) Shells and cartridges.
    (b) Parts or accessories--(1) In general. No tax is imposed by 
section 4181 of the Code on the sale of parts or accessories of 
firearms, pistols, revolvers, shells, and cartridges when sold 
separately or when sold with a complete firearm for use as spare parts 
or accessories. The tax does attach, however, to sales of completed 
firearms, pistols, revolvers, shells, and cartridges, and to sale of 
such articles that, although in knockdown condition, are complete as to 
all component parts.
    (2) Component parts. Component parts are items that would ordinarily 
be attached to a firearm during use and, in the ordinary course of 
trade, are packaged with the firearm at the time of sale by the 
manufacturer or importer. All component parts for firearms are 
includible in the price for which the article is sold.
    (3) Nontaxable parts. Parts sold with firearms that duplicate 
component parts that are not includible in the price for which the 
article is sold.
    (4) Nontaxable accessories. Items that are not designed to be 
attached to a firearm during use or that are not, in the ordinary course 
of trade, provided with the firearm at the time of the sale by the 
manufacturer or importer are not includible in the price for which the 
article is sold.
    (5) Examples--(i) In general. The following examples are provided as 
guidelines and are not meant to be all inclusive.
    (ii) Component parts. Component parts include items such as a frame 
or receiver, breech mechanism, trigger mechanism, barrel, buttstock, 
forestock, handguard, grips, buttplate, fore end cap, trigger guard, 
sight or set of sights (iron or optical), sight mount or set of sight 
mounts, a choke, a flash hider, a muzzle brake, a magazine, a

[[Page 170]]

set of sling swivels, and/or an attachable ramrod for muzzle loading 
firearms when provided by the manufacturer or importer for use with the 
firearm in the ordinary course of commercial trade. Component parts also 
include any part provided with the firearm that would affect the tax 
status of the firearm, such as an attachable shoulder stock.
    (iii) Nontaxable parts. Nontaxable parts include items such as extra 
barrels, extra sights, optical sights and mounts (in addition to iron 
sights), spare magazines, spare cylinders, extra choke tubes, and spare 
pins.
    (iv) Nontaxable accessories. Nontaxable accessories include items 
such as cleaning equipment, slings, slip on recoil pads (in addition to 
standard buttplate), tools, gun cases for storage or transportation, 
separate items such as knives, belt buckles, or medallions. Nontaxable 
accessories also include optional items purchased by the customer at the 
time of retail sale that do not change the tax classification of the 
firearm, such as telescopic sights and mounts, recoil pads, slings, 
sling swivels, chokes, and flash hiders/muzzle brakes of a type not 
provided by the manufacturer or importer of the firearm in the ordinary 
course of commercial trade.
    (c) Rates of tax. Tax is imposed on the sale of the articles 
specified in section 4181 of the Code at the rates indicated below.

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
(1) Pistols..................................................         10
(2) Revolvers................................................         10
(3) Firearms (other than pistols and revolvers)..............         11
(4) Shells and cartridges....................................         11
------------------------------------------------------------------------

    (d) Computation of tax. The tax is computed by applying to the price 
for which the article is sold the applicable rate. For definition of the 
term ``price'' see section 4216 of the Code and the regulations 
contained in subpart J of this part.
    (e) Liability for tax. The tax imposed by section 4181 of the Code 
is payable by the manufacturer, producer, or importer making the sale.

[T.D. ATF-308, 56 FR 303, Jan. 3, 1991, as amended by T.D. ATF-404, 63 
FR 52603, Oct. 1, 1998]