§ 4218. Use by manufacturer or importer considered sale
1,322 words·~6 min read·
/usc/title-26/section-4218A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General rule If any person manufactures, produces, or imports an article (other than a tire taxable under section 4071) and uses it (otherwise than as material in the manufacture or production of, or as a component part of, another article taxable under this chapter to be manufactured or produced by him), then he shall be liable for tax under this chapter in the same manner as if such article were sold by him. This subsection shall not apply in the case of gasoline used by any person, for nonfuel purposes, as a material in the manufacture or production of another article to be manufactured or produced by him. For the purpose of applying the first sentence of this subsection to coal taxable under section 4121, the words “(otherwise than as material in the manufacture or production of, or as a component part of, another article taxable under this chapter to be manufactured or produced by him)” shall be disregarded.
(b)Tires If any person manufactures, produces, or imports a tire taxable under section 4071, and sells it on or in connection with the sale of any article, or uses it, then he shall be liable for tax under this chapter in the same manner as if such article were sold by him.
(c)Computation of tax Except as provided in section 4223(b), in any case in which a person is made liable for tax by the preceding provisions of this section, the tax (if based on the price for which the article is sold) shall be computed on the price at which such or similar articles are sold, in the ordinary course of trade, by manufacturers, producers, or importers, thereof, as determined by the Secretary.
(Aug. 16, 1954, ch. 736, 68A Stat. 494; Aug. 11, 1955, ch. 805, § 1(a), (b), 69 Stat. 689; Pub. L. 85–859, title I, § 118, Sept. 2, 1958, 72 Stat. 1281; Pub. L. 86–418, § 2(a), Apr. 8, 1960, 74 Stat. 38; Pub. L. 87–61, title II, § 205(b), June 29, 1961, 75 Stat. 126; Pub. L. 89–44, title II, § 208(c), June 21, 1965, 79 Stat. 141; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–227, § 2(b)(1), Feb. 10, 1978, 92 Stat. 11; Pub. L. 98–369, div. A, title VII, § 735(c)(7), July 18, 1984, 98 Stat. 983.)
Connections11 cite this · traces to 6
Cited by 11 sections · top 10
U.S. Code
statutes-at-large
- Public Law 85–859
- Public Law 86–418
- Public Law 87–61
- Public Law 367
- Public Law 92–178
- Public Law 98–369To provide for tax reform, and for deficit reduction
- Public Law 627
- Public Law 95–227To impose an excise tax on the sale of coal by the producer, to establish a Black Lung Disability Trust Fund, and for other purposes
- Public Law 95–618To provide tax incentives for the production and conservation of energy, and for other purposes
40 references not yet in our index
- Aug. 16, 1954, ch. 736
- 68A Stat. 494
- Aug. 11, 1955, ch. 805, § 1(a)
- 69 Stat. 689
- Pub. L. 85–859, title I, § 118
- 72 Stat. 1281
- Pub. L. 86–418, § 2(a)
- 74 Stat. 38
- Pub. L. 87–61, title II, § 205(b)
- 75 Stat. 126
- Pub. L. 89–44, title II, § 208(c)
- 79 Stat. 141
- Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
- 90 Stat. 1834
- Pub. L. 95–227, § 2(b)(1)
- 92 Stat. 11
- Pub. L. 98–369, div. A, title VII, § 735(c)(7)
- 98 Stat. 983
- Pub. L. 98–369, § 735(c)(7)(D)
- Pub. L. 98–369, § 735(c)(7)(A)
- Pub. L. 98–369, § 735(c)(7)(C)
- Pub. L. 95–227
- Pub. L. 94–455
- Pub. L. 89–44, § 208(c)(1)
- Pub. L. 89–44, § 208(c)(3)
- Pub. L. 87–61
- Pub. L. 86–418, § 2(a)(1)
- Pub. L. 86–418, § 2(a)(2)
- Pub. L. 86–418, § 2(a)(3)
- Pub. L. 85–859
- Pub. L. 98–369
- Pub. L. 97–424
- section 736 of Pub. L. 98–369
- section 2(d) of Pub. L. 95–227
- Pub. L. 89–44
- section 701(a) of Pub. L. 89–44
- section 208 of Pub. L. 87–61
- Pub. L. 86–418
- section 4 of Pub. L. 86–418
- 72 Stat. 1275
Citation graph
cites case law
§ 4218
Use by manufacturer or importer considered sale
Stat.×10
U.S.C.×1
ActAug. 16, 1954, ch. 736
Stat.68A Stat. 494
ActAug. 11, 1955, ch. 805, § 1(a)
Stat.69 Stat. 689
Pub. L.Pub. L. 85–859, title I, § 118
Cites 46 · showing 11Cited by 11 across 2 sources