United States Code (Last Updated: May 24, 2014) |
Title 26. INTERNAL REVENUE CODE |
SubTitle D. Miscellaneous Excise Taxes |
Chapter 32. MANUFACTURERS EXCISE TAXES |
SubChapter D. Recreational Equipment |
Part I. SPORTING GOODS |
§ 4162. Definitions; treatment of certain resales
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(a) Sport fishing equipment defined For purposes of this part, the term “sport fishing equipment” means— (1) fishing rods and poles (and component parts therefor), (2) fishing reels, (3) fly fishing lines, and other fishing lines not over 130 pounds test, (4) fishing spears, spear guns, and spear tips, (5) items of terminal tackle, including— (A) leaders, (B) artificial lures, (C) artificial baits, (D) artificial flies, (E) fishing hooks, (F) bobbers, (G) sinkers, (H) snaps, (I) drayles, and (J) swivels, but not including natural bait or any item of terminal tackle designed for use and ordinarily used on fishing lines not described in paragraph (3), and (6) the following items of fishing supplies and accessories— (A) fish stringers, (B) creels, (C) tackle boxes, (D) bags, baskets, and other containers designed to hold fish, (E) portable bait containers, (F) fishing vests, (G) landing nets, (H) gaff hooks, (I) fishing hook disgorgers, and (J) dressing for fishing lines and artificial flies, (7) fishing tip-ups and tilts, (8) fishing rod belts, fishing rodholders, fishing harnesses, fish fighting chairs, fishing outriggers, and fishing downriggers, and (9) electric outboard boat motors. (b) Treatment of certain resales (1) In general If— (A) the manufacturer, producer, or importer sells any article taxable under section 4161(a) to any person, (B) the constructive sale price rules of section 4216(b) do not apply to such sale, and (C) such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer, then such related person shall be liable for tax under section 4161 in the same manner as if such related person were the manufacturer of the article. (2) Credit for tax previously paid If— (A) tax is imposed on the sale of any article by reason of paragraph (1), and (B) the related person establishes the amount of the tax which was paid on the sale described in paragraph (1)(A), the amount of the tax so paid shall be allowed as a credit against the tax imposed by reason of paragraph (1). (3) Related person For purposes of this subsection, the term “related person” has the meaning given such term by section 465(b)(3)(C).
(4) Regulations Except to the extent provided in regulations, rules similar to the rules of this subsection shall also apply in cases (not described in paragraph (1)) in which intermediaries or other devices are used for purposes of reducing the amount of the tax imposed by section 4161(a).
Amendments
2004—Subsec. (a)(8) to (10). Pub. L. 108–357, § 334(a), inserted “and” at end of par. (8), substituted a period for “, and” at end of par. (9), and struck out par. (10) which read as follows: “sonar devices suitable for finding fish.”
Subsecs. (b), (c). Pub. L. 108–357, § 334(b), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “For purposes of this part, the term ‘sonar device suitable for finding fish’ shall not include any sonar device which is—
“(1) a graph recorder,
“(2) a digital type,
“(3) a meter readout, or
“(4) a combination graph recorder or combination meter readout.”
1986—Subsec. (a)(6)(I). Pub. L. 99–514, § 1878(b), amended subpar. (I) generally, substituting “hook” for “hood”.
Subsec. (c)(3). Pub. L. 99–514, § 201(d)(7)(C), (12), made identical amendments, substituting “section 465(b)(3)(C)” for “section 168(e)(4)(D)”.
Effective Date Of Amendment
Pub. L. 108–357, title III, § 334(c),
Amendment by section 201(d)(7)(C), (12) of Pub. L. 99–514 applicable to property placed in service after
Amendment by section 201(d)(7)(C), (12) of Pub. L. 99–514 not applicable to any property placed in service before
Amendment by section 1878(b) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Effective Date
Pub. L. 98–369, div. A, title X, § 1015(e),
Miscellaneous
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after