Federal excise tax subsidy

(2) Prohibition of Federal excise tax subsidies (A) In general No amount shall be transferred under subsection (a)(3) or (b)(3) in respect of taxes imposed on any article, other than an article containing distilled spirits, if the Secretary determines that a Federal excise tax subsidy was provided by Puerto Rico or the Virgin Islands (as the case may be) with respect to such article. (B) Federal excise tax subsidy For purposes of this paragraph, the term “Federal excise tax subsidy” means any subsidy— (i) of a kind different from, or (ii) in an amount per value or volume of production greater than, the subsidy which Puerto Rico or the Virgin Islands offers generally to industries producing articles not subject to Federal excise taxes.


26 USC § 7652(d)(2)

Scoping language

For purposes of this paragraph
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