Page:United States Statutes at Large Volume 68A.djvu/533

 CH. 32—MANUFACTURERS EXCISE TAXES

493

Subchapter F—Special Provisions Applicable to Manufacturers Tax Sec. Sec. Sec. Sec.

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Sec. 4220. Sec. 4221. Sec. 4222.

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4216. 4217. 4218. 4219.

" Sec. 4223,

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Sec. 4224. Sec. 4225. Sec. 4226.

Definition of price. Lease considered sale. Use by manufacturer or importer considered sale. Application of tax in case of sales by other than manufacturer or importer. Exemptions for sales or resales to manufacturers. Exemption for articles taxable as jewelry. Exemption from tax of certain supplies for vessels and airplanes. Exemption of articles manufactured or produced by Indians. State and local governmental exemption. Exemption for export. Cross references.

SEC. 4216. DEFINITION OF PRICE. (a) CONTAINERS, PACKING AND TRANSPORTATION CHARGES.—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. (b) CONSTRUCTIVE SALE PRICE,—If an article is—

(1) sold at retail, (2) sold on consignment, or (3) sold (otherwise than through an arm's length transaction) at less than the fair market price, the tax under this chapter shall (if based on the price for which the article is sold) be computed on the price for which such articles are sold, in the ordinary course of trade, by manufacturers or producers thereof, as determined by the Secretary or his delegate. (c) PARTIAL PAYMENTS.—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. § 4216(c)(4)

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