[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: 27CFR53.94]

[Page 174-175]
 
            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.  53.94  Constructive sale price; scope and application.

    (a) In general. Section 4216(b) of the Code pertains to those taxes 
imposed under chapter 32 of the Code that are

[[Page 175]]

based on the price for which an article is sold, and contains the 
provisions for constructing a tax base other than the actual sale price 
of the article, under certain defined conditions.
    (b) Specific applications. (1) Section 4216(b)(1) of the Code 
applies to:
    (i) Arm's-length sales at retail or on consignment, other than those 
sales at retail and to retailers to which section 4216(b)(2) of the Code 
and Sec.  53.96 apply; and
    (ii) Sales otherwise than at arm's length, and at less than fair 
market price.
    (2) Section 4216(b)(2) of the Code applies generally to arm's-length 
sales of an article at retail or to retailers, or both, where the 
manufacturer also sells the same article to wholesale distributors.
    (3) Section 4216(b)(3) of the Code provides a formula for 
determining a constructive sale price for sales of taxable articles 
between members of an affiliated group of corporations (as ``affiliated 
group'' is defined in section 1504(a) of the Code) in those instances 
where the purchasing corporation regularly resells to retailers but does 
not regularly resell to wholesale distributors, and except for 
situations where section 4216(b)(4) of the Code applies.
    (4) Section 4216(b)(4) of the Code provides a special method for 
computing a constructive sale price for sales of taxable articles 
between affiliated corporations where the purchasing corporation sells 
only to retailers, and the normal method of selling within the industry 
is for manufacturers to sell to wholesale distributors.
    (c) Definitions. For purposes of section 4216(b) of the Code and 
Sec. Sec.  53.94-53.97 and unless otherwise indicated:
    (1) Sale at retail. A ``sale at retail,'' or a ``retail sale'', is a 
sale of an article to a purchaser who intends to use or lease the 
article rather than resell it. The fact that articles are sold in 
wholesale lots, or at wholesale prices, will not change the character of 
such sales as ``sales at retail'' if the purchaser is not engaged in the 
business of reselling such articles, and acquires them for the purpose 
of using them rather than reselling them.
    (2) Retail dealers. A ``retail dealer'', or ``retailer'', is a 
person engaged in the business of selling articles at retail.
    (3) Wholesale distributor. The term ``wholesale distributor'' means 
a person engaged in the business of selling articles to persons engaged 
in the business of reselling such articles.