§4052. Definitions and special rules — Inbound Citations
26 U.S.C. § 4052
Cited by 11 provisions in release 119-102.
Citations to §4052(a)(1)
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(1) There is hereby imposed on the first retail sale of the following articles (including in each case parts or accessories sold on or in connection therewith or with the sale thereof) a tax of 12 percent of the amount for which the article is so sold:(A) Automobile truck chassis.(B) Automobile truck bodies.(C) Truck trailer and semitrailer chassis.(D) Truck trailer and semitrailer bodies.(E) Tractors of the kind chiefly used for highway transportation in combination with a trailer or semitrailer.
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(a) Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter (other than under section 4121 or 4081) on the sale by the manufacturer (or under subchapter C of chapter 31 on the first retail sale) of an article—(1) for use by the purchaser for further manufacture, or for resale by the purchaser to a second purchaser for use by such second purchaser in further manufacture,(2) for export, or for resale by the purchaser to a second purchaser for export,(3) for use by the purchaser as supplies for vessels or aircraft,(5) to a nonprofit educational organization for its exclusive use, or(6) to a qualified blood collector organization (as defined in section 7701(a)(49)) for such organization’s exclusive use in the collection, storage, or transportation of blood,but only if such exportation or use is to occur before any other use. Paragraphs (4), (5), and (6) shall not apply to the tax imposed by section 4064. In the case of taxes imposed by section 4051 or 4071, paragraphs (4) and (5) shall not apply on and after October 1, 2028. In the case of the tax imposed by section 4131, paragraphs (3), (4), and (5) shall not apply and paragraph (2) shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe. In the case of taxes imposed by subchapter C or D, paragraph (6) shall not apply.
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(1) The term “manufacturer” includes a producer or importer of an article, and, in the case of taxes imposed by subchapter C of chapter 31, includes the retailer with respect to the first retail sale.
Citations to §4052(b)(4)(B)(i)
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(1) If—(A) the manufacturer, producer, or importer sells any article taxable under section 4161(a) to any person,(B) the constructive sale price rules of section 4216(b) do not apply to such sale, and(C) such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer,then such related person shall be liable for tax under section 4161 in the same manner as if such related person were the manufacturer of the article.
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(C) such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer,
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(B) the related person establishes the amount of the tax which was paid on the sale described in paragraph (1)(A),
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(3) For purposes of this subsection, the term “related person” has the meaning given such term by section 465(b)(3)(C).
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(A) Any amount paid (and the value of any other benefit provided) to an air carrier (or any related person) for the right to provide mileage awards for (or other reductions in the cost of) any transportation of persons by air shall be treated for purposes of subsection (a) as an amount paid for taxable transportation, and such amount shall be taxable under subsection (a) without regard to any other provision of this subchapter.
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(ii) For purposes of clause (i), the term “disqualified lease” means a lease from a person providing aircraft management services with respect to such aircraft (or a related person (within the meaning of section 465(b)(3)(C)) to the person providing such services), if such lease is for a term of 31 days or less.
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(A) Remuneration of a covered employee by an applicable tax-exempt organization shall include any remuneration paid with respect to employment of such employee by any related person or governmental entity.
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(III) The term “eligible investment expert” means any person which meets such requirements as the Secretary of Labor may provide and which does not bear any material affiliation or contractual relationship with any investment adviser or a related person thereof (or any employee, agent, or registered representative of the investment adviser or related person).