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Sec. 4002. - 1st retail sale; uses, etc. treated as
sales; determination of price
For purposes of this subchapter, the term ''1st
retail sale'' means the 1st sale, for a purpose other than resale, after
manufacture, production, or importation.
If any person uses a passenger vehicle (including
any use after importation) before the 1st retail sale of such vehicle,
then such person shall be liable for tax under this subchapter in the
same manner as if such vehicle were sold at retail by him.
(2) Exemption
for further manufacture
Paragraph (1) shall not apply to use of a vehicle
as material in the manufacture or production of, or as a component part
of, another vehicle taxable under this subchapter to be manufactured or
produced by him.
(3) Exemption
for demonstration use
Paragraph (1) shall not apply to any use of a
passenger vehicle as a demonstrator.
(4) Exception
for use after importation of certain vehicles
Paragraph (1) shall not apply to the use of a
vehicle after importation if the user or importer establishes to the
satisfaction of the Secretary that the 1st use of the vehicle occurred
before January 1, 1991, outside the United States.
In the case of any person made liable for tax by
paragraph (1), the tax shall be computed on the price at which similar
vehicles are sold at retail in the ordinary course of trade, as
determined by the Secretary.
(c) Leases
considered as sales
For purposes of this subchapter -
Except as otherwise provided in this subsection,
the lease of a vehicle (including any renewal or any extension of a
lease or any subsequent lease of such vehicle) by any person shall be
considered a sale of such vehicle at retail.
(2) Special
rules for long-term leases
(A) Tax
not imposed on sale for leasing in a qualified lease
The sale of a passenger vehicle to a person
engaged in a passenger vehicle leasing or rental trade or business for
leasing by such person in a long-term lease shall not be treated as the
1st retail sale of such vehicle.
For purposes of subparagraph (A), the term
''long-term lease'' means any long-term lease (as defined in section
4052).
In the case of a long-term lease of a vehicle
which is treated as the 1st retail sale of such vehicle -
(i)
Determination of price
The tax under this subchapter shall be computed
on the lowest price for which the vehicle is sold by retailers in the
ordinary course of trade.
Rules similar to the rules of section 4217(e)(2)
shall apply.
(iii)
No tax where exempt use by lessee
No tax shall be imposed on any lease payment
under a long-term lease if the lessee's use of the vehicle under such
lease is an exempt use (as defined in section 4003(b)) of such vehicle.
(d) Determination
of price
In determining price for purposes of this
subchapter -
(A)
there shall be included any charge incident to
placing the passenger vehicle in condition ready for use,
(B)
there shall be excluded -
(i)
the amount of the tax imposed by this subchapter,
(ii)
if stated as a separate charge, the amount of any
retail sales tax imposed by any State or political subdivision thereof
or the District of Columbia, whether the liability for such tax is
imposed on the vendor or vendee, and
(iii)
the value of any component of such passenger
vehicle if -
(I)
such component is furnished by the 1st user of
such passenger vehicle, and
(II)
such component has been used before such
furnishing, and
(C)
the price shall be determined without regard to
any trade-in.
Rules similar to the rules of paragraphs (2) and
(4) of section 4052(b) shall apply for purposes of this subchapter
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