Final rules 1
(a) General rule Under regulations prescribed by the Secretary, if—
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
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(1) one member of an affiliated group is the owner or lessee of an aircraft, and
(2) such aircraft is not available for hire by persons who are not members of such group,
no tax shall be imposed under section 4261 or 4271 upon any payment received by one member of the affiliated group from another member of such group for services furnished to such other member in connection with the use of such aircraft.
(b) Availability for hire For purposes of subsection (a), the determination of whether an aircraft is available for hire by persons who are not members of an affiliated group shall be made on a flight-by-flight basis.
Amended 1996
- 1996 Pub. L. 104-188 Pub. L. 104–188 added subsec. (b) and redesignated former subsec. (b) as (c).
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(c) Affiliated group For purposes of subsection (a), the term “affiliated group” has the meaning assigned to such term by section 1504(a), except that all corporations shall be treated as includible corporations (without any exclusion under section 1504(b)).
Amended 1996
- 1996 Pub. L. 104-188 Pub. L. 104–188 added subsec. (b) and redesignated former subsec. (b) as (c).