Amended 1965, 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.
- 1965 Pub. L. 89-44 Pub. L. 89–44, § 208(d)(7), struck out subsec. (f) which related to sales of mechanical pencils and pens for export.
Cases: Ammex v. United States, 367 F.3d 530 (6th Cir. 2004); Fitzgerald Truck Parts & Sales v. United States, 132 F.4th 937 (6th Cir. 2025); Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. United States, 845 F.2d 139 (7th Cir. 1988)
Final rules 3
(a) General rule Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter (other than under section 4121 or 4081) on the sale by the manufacturer (or under subchapter C of chapter 31 on the first retail sale) of an article—
Amended 1978, 1983, 1984, 1986, 1987, 1990, 1991, 1998, 2004, 2005, 2006, 2010, 2011, 2012, 2014, 2015, 2018, 2019, 2021
- 2021 Pub. L. 117-58 Pub. L. 117–58 substituted “October 1, 2028” for “October 1, 2022” in concluding provisions.
- 2019 Pub. L. 116-94 Pub. L. 116–94 struck out last sentence of concluding provisions which read as follows: “In the case of the tax imposed by section 4191, paragraphs (3), (4), (5), and (6) shall not apply.”
- 2018 Pub. L. 115-141 Pub. L. 115–141 deleted comma after “section 4051” in concluding provisions.
- 2015 Pub. L. 114-94 Pub. L. 114–94 substituted “October 1, 2022” for “October 1, 2016” in concluding provisions.
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(103)(B)(i)(II), struck out “In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply.” after “regulations prescribe.” in concluding provisions.
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(103)(B)(i)(I), substituted “subchapter” for “subchapter A or” in introductory provisions.
- 2012 Pub. L. 112-141 Pub. L. 112–141 substituted “October 1, 2016” for “July 1, 2012” in concluding provisions.
- 2012 Pub. L. 112-140 Pub. L. 112–140, §§ 1(c), 402(c), temporarily substituted “July 7, 2012” for “July 1, 2012” in concluding provisions. See Effective and Termination Dates of 2012 Amendment note below.
- 2012 Pub. L. 112-102 Pub. L. 112–102 substituted “July 1, 2012” for “April 1, 2012” in concluding provisions.
- 2011 Pub. L. 112-30 Pub. L. 112–30 substituted “April 1, 2012” for “October 1, 2011” in concluding provisions.
- 2010 Pub. L. 111-152 Pub. L. 111–152 inserted at end of concluding provisions “In the case of the tax imposed by section 4191, paragraphs (3), (4), (5), and (6) shall not apply.”
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 1207(b)(2), (3)(A), in concluding provisions, substituted “Paragraphs (4), (5), and (6)” for “Paragraphs (4) and (5)” and inserted at end “In the case of taxes imposed by subchapter C or D, paragraph (6) shall not apply.” See Codification note above.
- 2005 Pub. L. 109-59 Pub. L. 109–59 substituted “2011” for “2005” in concluding provisions.
- 2004 Pub. L. 108-357 Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091” in introductory provisions.
- 1998 Pub. L. 105-178 Pub. L. 105–178 substituted “2005” for “1999” in concluding provisions.
- 1991 Pub. L. 102-240 Pub. L. 102–240 substituted “1999” for “1995” in concluding provisions.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11221(b), substituted “subchapter A or C of chapter 31” for “section 4051” in introductory provisions and inserted at end “In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply.”
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11211(d)(3), substituted “1995” for “1993” in concluding provisions.
- 1987 Pub. L. 100-203 Pub. L. 100–203, § 10502(d)(4), substituted “(other than under section 4121, 4081, or 4091) on the sale by the manufacturer” for “(other than under section 4121 or section 4081 (at the Highway Trust Fund financing rate)) on the sale by the manufacturer” in introductory text.
- 1987 Pub. L. 100-203 Pub. L. 100–203, § 9201(b)(1), inserted at end “In the case of the tax imposed by section 4131, paragraphs (3), (4), and (5) shall not apply and paragraph (2) shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe.”
- 1987 Pub. L. 100-17 Pub. L. 100–17 substituted “1993” for “1988”.
- 1986 Pub. L. 99-514 Pub. L. 99–514, as amended by Pub. L. 99–499, § 521(d)(4)(B), in introductory text, inserted “or section 4081 (at the Highway Trust Fund financing rate)” after “section 4121” as the probable intent of Congress, notwithstanding directory language that the insertion be made before “section 4121”, and substituted “or 4071” for “4071, or 4081 (at the Highway Trust Fund financing rate)” in last sentence.
- 1986 Pub. L. 99-499 Pub. L. 99–499, § 521(d)(4)(A), inserted “(at the Highway Trust Fund financing rate)” after “4081” in last sentence.
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(A), inserted “(or under section 4051 on the first retail sale)”.
- 1983 Pub. L. 97-424 Pub. L. 97–424, § 516(b)(2), inserted provision that, in the case of taxes imposed by section 4051, 4071, or 4081, pars. (4) and (5) shall not apply on and after Oct. 1, 1988.
- 1978 Pub. L. 95-618 Pub. L. 95–618, § 201(c)(1), inserted provision that paragraphs (4) and (5) not apply to the tax imposed by section 4064.
- 1978 Pub. L. 95-227 Pub. L. 95–227 inserted “(other than under section 4121)” after “this chapter”.
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(1) for use by the purchaser for further manufacture, or for resale by the purchaser to a second purchaser for use by such second purchaser in further manufacture,
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(3) for use by the purchaser as supplies for vessels or aircraft,
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(4) to a State or local government for the exclusive use of a State or local government,
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(5) to a nonprofit educational organization for its exclusive use, or
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(6) to a qualified blood collector organization (as defined in section 7701(a)(49)) for such organization’s exclusive use in the collection, storage, or transportation of blood,
Amended 2006
- 2006 Pub. L. 109-280 Pub. L. 109–280, § 1207(b)(1), added par. (6). See Codification note above.
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but only if such exportation or use is to occur before any other use. Paragraphs (4), (5), and (6) shall not apply to the tax imposed by section 4064. In the case of taxes imposed by section 4051 or 4071, paragraphs (4) and (5) shall not apply on and after October 1, 2028. In the case of the tax imposed by section 4131, paragraphs (3), (4), and (5) shall not apply and paragraph (2) shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe. In the case of taxes imposed by subchapter C or D, paragraph (6) shall not apply.
(b) Proof of resale for further manufacture; proof of export Where an article has been sold free of tax under subsection (a)—
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(1) for resale by the purchaser to a second purchaser for use by such second purchaser in further manufacture, or
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subsection (a) shall cease to apply in respect of such sale of such article unless, within the 6-month period which begins on the date of the sale by the manufacturer (or, if earlier, on the date of shipment by the manufacturer), the manufacturer receives proof that the article has been exported or resold for use in further manufacture.
(c) Manufacturer relieved from liability in certain cases In the case of any article sold free of tax under this section (other than a sale to which subsection (b) applies), and in the case of any article sold free of tax under section 4053(6), if the manufacturer in good faith accepts a certification by the purchaser that the article will be used in accordance with the applicable provisions of law, no tax shall thereafter be imposed under this chapter in respect of such sale by such manufacturer.
Amended 1971, 1978, 1983, 1984, 1989, 1990, 1993, 1998, 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(103)(B)(i)(III), struck out “4001(c), 4001(d), or” after “tax under section”.
- 1998 Pub. L. 105-206 Pub. L. 105–206 substituted “4053(6)” for “4053(a)(6)”.
- 1993 Pub. L. 103-66 Pub. L. 103–66 substituted “4001(d)” for “4002(b), 4003(c), 4004(a)”.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11221(d)(1), substituted “section 4001(c), 4002(b), 4003(c), 4004(a), or 4053(a)(6)” for “section 4053(a)(6)”.
- 1989 Pub. L. 101-239 Pub. L. 101–239 struck out “or 4083” after “4053(a)(6)”.
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(B), substituted “section 4053(a)(6)” for “section 4063(a)(6) or (7), 4063(b), 4063(e),”.
- 1983 Pub. L. 97-424 Pub. L. 97–424, § 515(b)(1), substituted “or 4083” for “4083, or 4093” after “4063(e),”.
- 1978 Pub. L. 95-600 Pub. L. 95–600 substituted “4063(b), 4063(e),” for “4063(b),”.
- 1971 Pub. L. 92-178 Pub. L. 92–178 inserted reference to section 4063(a)(6) or (7).
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(d) Definitions For purposes of this section—
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(1) Manufacturer The term “manufacturer” includes a producer or importer of an article, and, in the case of taxes imposed by subchapter C of chapter 31, includes the retailer with respect to the first retail sale.
Amended 1984, 1990, 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(103)(B)(i)(I), substituted “subchapter” for “subchapter A or”.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11221(d)(2), substituted “taxes imposed by subchapter A or C of chapter 31” for “the tax imposed by section 4051”.
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(C), inserted “, and, in the case of the tax imposed by section 4051, includes the retailer with respect to the first retail sale”.
(2) Export The term “export” includes shipment to a possession of the United States; and the term “exported” includes shipped to a possession of the United States.
(3) Supplies for vessels or aircraft The term “supplies for vessels or aircraft” means fuel supplies, ships’ stores, sea stores, or legitimate equipment on vessels of war of the United States or of any foreign nation, vessels employed in the fisheries or in the whaling business, or vessels actually engaged in foreign trade or trade between the Atlantic and Pacific ports of the United States or between the United States and any of its possessions. For purposes of the preceding sentence, the term “vessels” includes civil aircraft employed in foreign trade or trade between the United States and any of its possessions, and the term “vessels of war of the United States or of any foreign nation” includes aircraft owned by the United States or by any foreign nation and constituting a part of the armed forces thereof.
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(4) State or local government The term “State or local government” means any State, any political subdivision thereof, or the District of Columbia.
Amended 1959, 1960
- 1960 Pub. L. 86-624 Pub. L. 86–624 substituted “any State, any political subdivision thereof, or the District of Columbia” for “any State, Hawaii, the District of Columbia, or any political subdivision of any of the foregoing”.
- 1959 Pub. L. 86-70 Pub. L. 86–70 struck out “Alaska,” before “Hawaii”.
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(5) Nonprofit educational organization The term “nonprofit educational organization” means an educational organization described in section 170(b)(1)(A)(ii) which is exempt from income tax under section 501(a). The term also includes a school operated as an activity of an organization described in section 501(c)(3) which is exempt from income tax under section 501(a), if such school normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on.
Amended 1959, 1969
- 1969 Pub. L. 91-172 Pub. L. 91–172 substituted “section 170(b)(1)(A)(ii)” for “section 503(b)(2)”.
- 1959 Pub. L. 86-344 Pub. L. 86–344 included in definition of “nonprofit educational organization” a school operated as an activity of certain organizations exempt from the income tax and having a regular situs, faculty, curriculum and student body.
(6) Use in further manufacture An article shall be treated as sold for use in further manufacture if—
Amended 1961, 1965, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(D)(i), struck out provision at end that for purposes of subparagraph (B), the rebuilding of a part or accessory which is exempt from tax under section 4063(c) shall not constitute the manufacture or production of such part or accessory.
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(D)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to parts or accessories taxable under former section 4061(b) of this title.
- 1965 Pub. L. 89-44 Pub. L. 89–44, § 801(c), inserted sentence providing that for purpose of subpar. (B), the rebuilding of a part or accessory which is exempt from tax under section 4063(c) shall not constitute the manufacture or production of such part or accessory.
- 1961 Pub. L. 87-61 Pub. L. 87–61 added subpar. (C).
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(A) such article is sold for use by the purchaser 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; or
Amended 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(D)(ii), (iv), struck out “(other than an article referred to in subparagraph (B))” after “such article”, and inserted “or” at end.
(B) in the case of gasoline taxable under section 4081, such gasoline is sold for use by the purchaser, for nonfuel purposes, as a material in the manufacture or production of another article to be manufactured or produced by him.
Amended 1965, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(D)(i), (iii), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to parts or accessories taxable under former section 4061(b) of this title.
- 1965 Pub. L. 89-44 Pub. L. 89–44, § 208(d)(1), struck out “a radio or television component taxable under section 4141, or a camera lens taxable under section 4171,”.
(7) Qualified bus
Amended 1978
- 1978 Pub. L. 95-618 Pub. L. 95–618, § 233(c)(2), added par. (7).
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(B) Intercity or local bus The term “intercity or local bus” means any automobile bus which is used predominantly in furnishing (for compensation) passenger land transportation available to the general public if—
(C) School bus The term “school bus” means any automobile bus substantially all the use of which is in transporting students and employees of schools. For purposes of the preceding sentence, the term “school” means an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are carried on.
“Substantially” implies facts and circumstances. Cited by Reg. § 48.4082-4(c)(4)
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(e) Special rules
Amended 1960, 1965, 1978, 1980, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(G), added par. (3), struck out par. (4) which related to bicycle tires or tubes sold to bicycle manufacturers in general, the definition of a bicycle tire, and proof, struck out par. (5) which related to tires, tubes and tread rubber used on intercity, local, and school buses, and struck out par. (6) which related to bus parts and accessories.
- 1980 Pub. L. 96-222 Pub. L. 96–222 inserted provisions respecting selling by a purchaser or a second purchaser.
- 1978 Pub. L. 95-618 Pub. L. 95–618, § 233(c)(1), substituted provisions relating to the applicability of the taxes imposed by section 4071(a)(1) and (3) in the case of tires or inner tubes for tires sold for use by the purchaser on or in connection with a qualified bus and the tax imposed by section 4071(a)(4) in the case of tread rubber sold for use by the purchaser in the recapping or retreading of any tire to be used by the purchaser on or in connection with a qualified bus for provisions relating to the applicability of the tax imposed by section 4061(a) to a bus sold to any person for use exclusively in transporting students and employees of schools operated by State or local governments or by nonprofit educational organizations.
- 1978 Pub. L. 95-618 Pub. L. 95–618, § 232(a), added par. (6).
- 1965 Pub. L. 89-44 Pub. L. 89–44, § 801(d)(1), added par. (5).
- 1960 Pub. L. 86-418 Pub. L. 86–418 added par. (4).
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(1) Reciprocity required in case of civil aircraft In the case of articles sold for use as supplies for aircraft, the privileges granted under subsection (a)(3) in respect of civil aircraft employed in foreign trade or trade between the United States and any of its possessions, in respect of aircraft registered in a foreign country, shall be allowed only if the Secretary of the Treasury has been advised by the Secretary of Commerce that he has found that such foreign country allows, or will allow, substantially reciprocal privileges in respect of aircraft registered in the United States. If the Secretary of the Treasury is advised by the Secretary of Commerce that he has found that a foreign country has discontinued or will discontinue the allowance of such privileges, the privileges granted under subsection (a)(3) shall not apply thereafter in respect of civil aircraft registered in that foreign country and employed in foreign trade or trade between the United States and any of its possessions.
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(2) Tires
Amended 1965, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(E), (F), struck out “and tubes” from heading, and in text struck out “or inner tube” and “or tube”, as the case may be, after “tire” wherever appearing.
- 1965 Pub. L. 89-44 Pub. L. 89–44, § 208(d)(2)–(5), struck out reference to automobile receiving sets from catchline and wherever appearing in subpars. (A) to (C), and reference to tax imposed under section 4141 of this title from subpars. (A) and (C).
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(A) Tax-free sales Under regulations prescribed by the Secretary, no tax shall be imposed under section 4071 on the sale by the manufacturer of a tire if—
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(i) such tire is sold for use by the purchaser for sale on or in connection with the sale of another article manufactured or produced by such purchaser; and
(ii) such other article is to be sold by such purchaser in a sale which either will satisfy the requirements of paragraph (2), (3), (4), or (5) of subsection (a) for a tax-free sale, or would satisfy such requirements but for the fact that such other article is not subject to tax under this chapter.
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(B) Proof Where a tire has been sold free of tax under this paragraph, this paragraph shall cease to apply unless, within the 6-month period which begins on the date of the sale by him (or, if earlier, on the date of the shipment by him), the manufacturer of such tire receives proof that the other article referred to in clause (ii) of subparagraph (A) has been sold in a manner which satisfies the requirements of such clause (ii) (including in the case of a sale for export, proof of export of such other article).
(C) Subsection (a)(1) does not apply Paragraph (1) of subsection (a) shall not apply with respect to the tax imposed under section 4071 on the sale of a tire.
(3) Tires used on intercity, local, and school buses Under regulations prescribed by the Secretary, the tax imposed by section 4071 shall not apply in the case of tires sold for use by the purchaser on or in connection with a qualified bus.
Amended 1965, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369, § 735(c)(8)(G), added par. (3), struck out par. (4) which related to bicycle tires or tubes sold to bicycle manufacturers in general, the definition of a bicycle tire, and proof, struck out par. (5) which related to tires, tubes and tread rubber used on intercity, local, and school buses, and struck out par. (6) which related to bus parts and accessories.
- 1965 Pub. L. 89-44 Pub. L. 89–44, § 208(d)(6), struck out par. (3) which related to musical instruments sold for religious use.