Page:United States Statutes at Large Volume 68A.djvu/519

 CH. 31—RETAILERS EXCISE TAXES

479

Subchapter F—Special Provisions Applicable to Retailers Tax ''•'t:

Sec. 4051. Sec. 4052. Sec. 4053. Sec. 4054. Sec. 4055. Sec. 4056. Sec. 4057.

Definition of price. Lease considered sale. Computation of tax on installment sales, etc. Application of taxes to sales by United States, etc. State and local government exemption. Exemption for exports. Cross reference.

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SEC. 4051. DEFINITION OF PRICE.

In determining, for the purposes of this chapter, the price for which an article is sold, there shall be included any charge for coverings and containers of whatever nature, and any charge incident to placing the article in condition packed ready for shipment, but there shall be excluded the amount of tax imposed by this chapter, whether or not stated as a separate charge. A transportation, delivery, insurance, installation, or other charge (not required by the foregoing sentence to be included) shall be excluded from the price only if the amount thereof is established to the satisfaction of the Secretary or his delegate, in accordance with the regulations. There shall also be excluded, if stated as a separate charge, the amount of any retail sales tax imposed by any State or Territory or political subdivision of the foregoing, or the District of Columbia, whether the liability for such tax is imposed on the vendor or the vendee. SEC. 4052. LEASE CONSIDERED SALE.

For the purposes of this chapter, the lease of an article shall be considered the sale of such article. SEC. 4053. COMPUTATION OF TAX ON INSTALLMENT SALES, ETC.

In the case of— (1) a lease, (2) a contract for the sale of an article wherein it is provided that the price shall be paid by installments and title to the article sold does not pass until a future date notwithstanding partial payment by installments, (3) a conditional sale, or (4) a chattel mortgage arrangement wherein it is provided that the sales price shall be paid in installments, there shall be paid upon each payment with respect to the article that portion of the total tax which is proportionate to the portion of the total amount to be paid represented by such payment. SEC. 4054. APPLICATION OF TAXES TO SALES BY UNITED STATES, ETC.

The taxes imposed by this chapter shall apply with respect to articles sold at retail by the United States, or by any agency or instrumentality of the United States, unless sales by such agency or instrumentality are by statute specifically exempted from such taxes. §4054

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