Page:United States Statutes at Large Volume 96 Part 2.djvu/823

 PUBLIC LAW 97-424—JAN. 6, 1983

96 STAT. 2185

over the amount of teix imposed under section 4071(a) on the sale of ^n^, p. 2181. such article by the meinufacturer, producer, or importer. (c) OVERPAYMENT OF FLOOR STOCKS TAXES.—Section 6416 shall apply in respect of the floor stocks taxes imposed by this section, so as to entitle, subject to all provisions of section 6416, any person paying such floor stocks taxes to a credit or refund thereof for any of the reasons specified in section 6416. (d) DUE DATE OF TAXES.—The taxes imposed by this section shall be paid at such time after— (1) May 15, 1983, in the case of the tax imposed by subsection (a), or (2) February 15, 1984, in the case of the tax imposed by subsection (b), as may be prescribed by the Secretary of the Treasury or his delegate. (e) TRANSFER OF FLOOR STOCKS TAXES TO HIGHWAY TRUST FUND.—

For purposes of determining the amount transferred to the Highway Trust Fund for any period, the taxes imposed by this section shall be treated as if they were imposed by section 4081 or 4071 of the Internal Revenue Code of 1954, whichever is appropriate. ^ SEC. 522. FLOOR STOCKS REFUNDS. (a) GENERAL RULE.—

(1) IN GENERAL.—Where, before the day after the date of the enactment of this Act, any tax-repealed article has been sold by the manufacturer, producer, or importer and on such day is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the tax paid by such manufacturer, producer, or importer on his sale of the article if— (A) claim for such credit or refund is filed with the Secretary of the Treasury or his delegate before October 1, 1983, based on a request submitted to the manufacturer, producer, or importer before July 1, 1983, by the dealer who held the article in respect of which the credit or refund is claimed, and (B) on or before October 1, 1983, reimbursement has been made to the dealer by the manufacturer, producer, or importer in an amount equal to the tax paid on the article or written consent has been obtained from the dealer to allowance of the credit or refund. (2) LIMITATION ON ELIGIBIIJTY FOR CREDIT OR REFUND.—NO

manufacturer, producer, or importer shall be entitled to credit or refund under paragraph (1) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed by the Secretary of the Treasury or his delegate under this subsection. (3) OTHER LAWS APPLICABLE.—All provisions of law, including

penalties, applicable with respect to the taxes imposed by section 4061, 4071, or 4091 (whichever is appropriate) shall, insofar as applicable and not inconsistent with paragraphs (1) and (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.

26 USC 4081, 4071. 26 USC 4061 note.

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