§4216. Definition of price — Inbound Citations
26 U.S.C. § 4216
Cited by 9 provisions in release 119-102.
Citations to §4216(b)
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(B) the constructive sale price rules of section 4216(b) do not apply to such sale, and
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(1) except as provided in paragraph (2), the tax computed on the constructive sale price for such article which would be determined under section 4216(b) if such article were sold at retail on the date of the first lease to which subsection (b) applies; or
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(2) If the taxpayer sells an article before the total tax has become payable, then the tax payable on such sale shall be whichever of the following is the smaller:(A) the difference between (i) the tax imposed on lease payments under leases of such article to which subsection (b) applies, and (ii) the total tax, or(B) 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 subparagraph (B), if the sale is at arm’s length, section 4216(b) shall not apply.
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(3) rules similar to the rules of section 4216(b) shall apply.
Citations to §4216(c)
Citations to §4216(d)
Citations to §4216(d)(1)
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(5) If—(A) tax was paid under section 4216(d)(1) in respect of any installment account,(B) such account is, under the agreement under which the account was sold, returned to the person who sold such account, and(C) the consideration is readjusted as provided in such agreement,the part of the tax paid under section 4216(d)(1) allocable to the part of the consideration repaid or credited to the purchaser of such account shall be deemed to be an overpayment.
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(A) tax was paid under section 4216(d)(1) in respect of any installment account,
Citations to §4216(e)(2)
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(A) Except as provided in subparagraph (B) or (C), if the price of any article in respect of which a tax, based on such price, is imposed by chapter 31 or 32, is readjusted by reason of the return or repossession of the article or a covering or container, or by a bona fide discount, rebate, or allowance, including a readjustment for local advertising (but only to the extent provided in section 4216(e)(2) and (3)), the part of the tax proportionate to the part of the price repaid or credited to the purchaser shall be deemed to be an overpayment.