Page:United States Statutes at Large Volume 55 Part 1.djvu/745

 PUBLIC LAWS-CH. 412 -SEPT. 20 ,1941 53 Stat. 288. 26 U. S. C. 2700. Ante, p. 707. 53 Stat. 410. 26U.S. .. 3401. 53 Stat. 416. 26U.S.C. 3440 53 Stat. 409, 420. 26 U.S. C. §C 3400- 3452. respect to which it was imposed, or collected the amount of tax from the purchaser, or (2) that he has repaid the amount of the tax to the purchaser of the article, or unless he files with the Commissioner written consent of such purchaser to the allowance of the credit or refund. "SEC. 2408. APPLICABILITY OF ADMINISTRATIVE PROVISIONS. "All provisions of law (including penalties) applicable in respect of the taxes imposed by section 2700 shall, insofar as applicable and not inconsistent with this chapter, be applicable in respect of the taxes imposed by this chapter. "SEC. 2409. PENALTY FOR REPRESENTATION THAT TAX IS NOT PASSED ON. "Whoever in connection with the sale or lease, or offer for sale or lease, of any article taxable under this chapter, makes any statement, written or oral, in advertisement or otherwise, intended or calculated to lead any person to believe that the price of the article does not include the tax imposed by this chapter, shall on conviction thereof be punished by a fine of not more than $1,000. "SEC. 2410. RULES AND REGULATIONS. "The Commissioner, with the approval of the Secretary shall pre- scribe and publish all needful rules and regulations for tie enforce- ment of this chapter. "SEC. 2411 . EFFECTIVE DATE. "This chapter shall be effective on and after October 1, 1941." (b) TERMINATION OF MANUFACTURERS' TAX ON TOILET PREPARA- TIoNs. -T he tax imposed by section 3401 of the Internal Revenue Code shall not apply to articles sold on or after October 1, 1941. SEC. 553. ADMINISTRATIVE CHANGES IN MANUFACTURERS' EXCISE TAX TITLE OF CODE. (a) LEASES. -Section 3440 of the Internal Revenue Code is amended to read as follows: "SEC. 3440. DEFINITION OF SALE. "For the purposes of this chapter the lease of an article (including any renewal or any extension of a lease or any subsequent lease of such article) by the manufacturer, producer, or importer shall be considered a taxable sale of such article." (b) EXISTING CONTRACTS. -Chapter 29 of the Internal Revenue Code is amended by adding at the end thereof the following new section: "SEC. 3453. EXISTING CONTRACTS. "(a) TAX PAYABLE BY VENDEE. - If (1) any person has, prior to the effective date of Part V of Title V of the Revenue Act of 1941, made a bona fide contract for the sale on or after such date, of any article with respect to the sale of which a tax is imposed by that Act or an existing rate of tax is increased by that Act, and (2) such contract does not permit the adding to the amount to be paid under such contract of the whole of such tax or increased rate of tax, then (unless the contract prohibits such addition) the vendee shall, in lieu of the vendor, pay so much of the tax as is not so permitted to be added to the contract price. [55 STAT.

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