(a) Purchasing manufacturer to be treated as the manufacturer
For purposes of this chapter, a manufacturer or producer to whom an article is sold or resold free of tax under section
4221(a)(1) for use by him in further manufacture shall be treated as the manufacturer or producer of such article.
(b) Computation of tax
If the manufacturer or producer referred to in subsection (a) incurs liability for tax under this chapter on his sale or use of an article referred to in subsection (a) and the tax is based on the price for which the article is sold, the article shall be treated as having been sold by him—
(1)at the price for which the article was sold by him (or, where the tax is on his use of the article, at the price referred to in section
(2)if he so elects and establishes such price to the satisfaction of the Secretary—
(A)at the price for which the article was sold to him; or
(B)at the price for which the article was sold by the person who (without regard to subsection (a)) is the manufacturer, producer, or importer of such article.
For purposes of this subsection, the price for which the article was sold shall be determined as provided in section
4216. For purposes of paragraph (2) no adjustment or readjustment shall be made in such price by reason of any discount, rebate, allowance, return or repossession of a container or covering, or otherwise. An election under paragraph (2) shall be made in the return reporting the tax applicable to the sale or use of the article, and may not be revoked.
A prior section
4223, act Aug. 16, 1954, ch. 736, 68A Stat. 495, related to exemption of articles manufactured or produced by Indians, prior to repeal by Pub. L. 85–859, § 119(a). See section
4225 of this title.
Amendment by Pub. L. 98–369effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of Pub. L. 97–424, to which such amendment relates, see section 736 ofPub. L. 98–369, set out as a note under section
4051 of this title.
Effective Date of 1960 Amendment
Amendment by Pub. L. 86–418applicable only with respect to bicycle tires and tubes sold by the manufacturer, producer, or importer thereof on or after the first day of the first month which begins more than 10 days after April 8, 1960, see section 4 ofPub. L. 86–418, set out as a note under section
4221 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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