Page:United States Statutes at Large Volume 85.djvu/562

 532

PUBLIC LAW 92-178-DEC. 10, 1971

[85 STAT.

(c) REFUNDS W I T H EESPECT TO CERTAIN CONSUMER PURCHASES.—

Ante, p, 530.

(1) IN GENERAL.—Except as otherwise provided in paragraph (2), where— (A) after August 15, 1971, with respect to any article which was subject to the tax imposed by section 4061(a)(2) of the Internal Revenue Code of 1954 (as in effect on the day before the date of the enactment of this Act), or (B) after September 22, 1971, with respect to any article which was subject to the tax imposed by section 4061(a)(1) of such Code (as in effect on the day before the date of the enactment of this Act), and on or before such date of enactment, a tax-repealed article (as defined in subsection (e)) has been sold to an ultimate purchaser, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer of such article an amount equal to the tax paid by such manufacturer, producer, or importer on his sale of the article. (2) LIMITATION ON ELIGIBILITY FOR CREDIT OR REFUND.—No

manufacturer, producer, or importer shall be entitled to a credit or refund under paragraph (1) with respect to an article unless— (A) he has in his possession such evidence of the sale of the article to an ultimate purchaser, and of the reimbursement of the tax to such purchaser, as may be required by regulations prescribed by the Secretary of the Treasury or his delegate under this subsection; (B) claim for such credit or refund is filed with the Secretary of the Treasury or his delegate before the first day of the 10th calendar month beginning after the day after the date of the enactment of this Act based upon information submitted to the manufacturer, producer, or importer before the first day of the 7th calendar month beginning after the day after the date of the enactment of this Act by the person who sold the article (in respect of which the credit or refund is claimed) to the ultimate purchaser; and (C) on or before the first day of such 10th calendar month reimbursement has been made to the ultimate purchaser in an amount equal to the tax paid on the article. (3) OTHER LAWS APPLICABLE.—All provisions of law, including

penalties, applicable with respect to the taxes imposed by section 4061(a) of the Internal Revenue Code of 1954 shall, insofar as applicable and not inconsistent with paragraph (1) or (2) of this subsection, apply in respect of the credits and refunds provided for in paragraph (1) to the same extent as if the credits or refunds constituted overpayments of the tax. (d) CERTAIN USES BY MANUFACTURER, ETC.—Any tax paid by rea7 2 Stat. 1281; gQ^ of section 4218(a) of the Internal Revenue Code of 1954 (relating 26 USC 42*18. to use by manufacturer or importer considered sale) shall be deemed an overpayment of such tax with respect to— (1) any article which was subject to the tax imposed by section 4061(a)(2) of such Code as in effect on the day before the date of the enactment of this Act if tax was imposed on such article by reason of such section 4218(a) after August 15, 1971, and (2) any article which was subject to the tax imposed by section 4061 (a)(1) of such Code as in effect on the day before the date of the enactment of this Act and on which such tax is no longer imposed (by reason of subsection (a) of this section) if tax was imposed on such article by reason of such section 4218(a) after September 22, 1971.

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