Page:United States Statutes at Large Volume 96 Part 2.djvu/813

 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2175

automobile truck chassis and automobile truck bodies, suitable for use with a vehicle which has a gross vehicle weight of 33,000 pounds or less (as determined under regulations prescribed by the Secretary). "(3)

EXCLUSION FOR TRAILERS WEIGHING 26,OOO POUNDS OR

LESS.—The tax imposed by paragraph (1) shall not apply to truck trailer and semitrailer chassis and bodies, suitable for use with a trailer or semitrailer which has a gross vehicle weight of 26,000 pounds or less (as determined under regulations prescribed by the Secretary. "(4) SALE OF TRUCKS, ETC., TREATED AS SALE OF CHASSIS AND

BODY.—For purposes of this subsection, a sale of an automobile truck or truck trailer or semitrailer shall be considered to be a sale of a chassis and of a body described in paragraph (1). "(b) SEPARATE PURCHASE OF TRUCK OR TRAILER AND PARTS AND ACCESSORIES THEREFOR.—Under regulations prescribed by the

Secretary— "(1) IN GENERAL.—If—

"(A) the owner, lessee, or operator of any vehicle which contains an article taxable under subsection (a) installs (or causes to be installed) any part or accessory on such vehicle, and "(B) such installation is not later than the d^te 6 months after the date such vehicle (as it contains such article) was first placed in service, then there is hereby imposed on such installation a tax equal to 12 percent of the price of such part or accessory and its installation. "(2) EXCEPTIONS.—Paragraph (1) shall not apply if— "(A) the part or accessory installed is a replacement pgirt or accessory, or "(B) the aggregate price of the parts and accessories (and their installation) described in paragraph (1) with respect to any vehicle does not exceed $200 (or such other amount or amounts as the Secretary may by regulations prescribe). "(3) INSTALLERS SECONDARILY LIABLE FOR TAX.—In addition to

the owner, lessee, or operator of the vehicle, the owner of the trade or business installing the part or accessory shall be liable for the tax imposed by paragraph (1). "(c) TERMINATION.—On and after October 1, 1988, the taxes imposed by this section shall not apply. (d) TRANSITIONAL RULE.—In the case of any article taxable under subsection (a) on which tax was imposed under section 4061(a), subsection (a) shall be applied by substituting '2 percent' for '12 percent'. "SEC. 4052. DEFINITIONS AND SPECIAL RULES. "(a) FIRST RETAIL SALE.—For purposes of this subchapter—

"(1) IN GENERAL.—The term 'first retail sale' means the first sale, for a purpose other than for resale, after manufacture, production, or importation. "(2) LEASES CONSIDERED AS SALES.—Rules similar to the rules of section 4217 shall apply. "(3) USE TREATED AS SALE.—

"(A) IN GENERAL.—If any person uses an article taxable under section 4051 before the first retail sale of such article, then such person shall be liable for tax under section 4051

26 USC 4052.

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