26 U.S.C. § 4162 | Definitions; treatment of certain resales

(a)

Sport fishing equipment defined

For purposes of this part, the term “sport fishing equipment” means—

(1)

fishing rods and poles (and component parts therefor),

(2)

fishing reels,

(3)

fly fishing lines, and other fishing lines not over 130 pounds test,

(4)

fishing spears, spear guns, and spear tips,

(5)

items of terminal tackle, including—

(A)

leaders,

(B)

artificial lures,

(C)

artificial baits,

(D)

artificial flies,

(E)

fishing hooks,

(F)

bobbers,

(G)

sinkers,

(H)

snaps,

(I)

drayles, and

(J)

swivels,

but not including natural bait or any item of terminal tackle designed for use and ordinarily used on fishing lines not described in paragraph (3), and

(6)

the following items of fishing supplies and accessories—

(A)

fish stringers,

(B)

creels,

(C)

tackle boxes,

(D)

bags, baskets, and other containers designed to hold fish,

(E)

portable bait containers,

(F)

fishing vests,

(G)

landing nets,

(H)

gaff hooks,

(I)

fishing hook disgorgers, and

(J)

dressing for fishing lines and artificial flies,

(7)

fishing tip-ups and tilts,

(8)

fishing rod belts, fishing rodholders, fishing harnesses, fish fighting chairs, fishing outriggers, and fishing downriggers, and

(9)

electric outboard boat motors.

(b)

Treatment of certain resales

(1)

In general

If—

(A)

the manufacturer, producer, or importer sells any article taxable under section 4161(a) to any person,

(B)

the constructive sale price rules of section 4216(b) do not apply to such sale, and

(C)

such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer,

then such related person shall be liable for tax under section 4161 in the same manner as if such related person were the manufacturer of the article.

(2)

Credit for tax previously paid

If—

(A)

tax is imposed on the sale of any article by reason of paragraph (1), and

(B)

the related person establishes the amount of the tax which was paid on the sale described in paragraph (1)(A),

the amount of the tax so paid shall be allowed as a credit against the tax imposed by reason of paragraph (1).

(3)

Related person

For purposes of this subsection, the term “related person” has the meaning given such term by section 465(b)(3)(C).

(4)

Regulations

Except to the extent provided in regulations, rules similar to the rules of this subsection shall also apply in cases (not described in paragraph (1)) in which intermediaries or other devices are used for purposes of reducing the amount of the tax imposed by section 4161(a).

Pub. L. 98–369, div. A, title X, § 1015(b)July 18, 198498 Stat. 1017 Pub. L. 99–514, title II, § 201(d)(7)(C)Oct. 22, 1986100 Stat. 2141 Pub. L. 108–357, title III, § 334(a)Oct. 22, 2004118 Stat. 1478(Added , , ; amended , (12), title XVIII, § 1878(b), , , 2142, 2903; , (b), , .)

Editorial Notes

Amendments

Pub. L. 108–357, § 334(a)2004—Subsec. (a)(8) to (10). , inserted “and” at end of par. (8), substituted a period for “, and” at end of par. (9), and struck out par. (10) which read as follows: “sonar devices suitable for finding fish.”

Pub. L. 108–357, § 334(b)Subsecs. (b), (c). , redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “For purposes of this part, the term ‘sonar device suitable for finding fish’ shall not include any sonar device which is—

“(1) a graph recorder,

“(2) a digital type,

“(3) a meter readout, or

“(4) a combination graph recorder or combination meter readout.”

Pub. L. 99–514, § 1878(b)1986—Subsec. (a)(6)(I). , amended subpar. (I) generally, substituting “hook” for “hood”.

Pub. L. 99–514, § 201(d)(7)(C)Subsec. (c)(3). , (12), made identical amendments, substituting “section 465(b)(3)(C)” for “section 168(e)(4)(D)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–357, title III, § 334(c)Oct. 22, 2004118 Stat. 1478

December 31, 2004“The amendments made this section [amending this section] shall apply to articles sold by the manufacturer, producer, or importer after .”

, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–514Dec. 31, 1986Pub. L. 99–514 section 168 of this titleAmendment by section 201(d)(7)(C), (12) of applicable to property placed in service after , in taxable years ending after such date, with exceptions, see sections 203 and 204 of , set out as a note under .

Pub. L. 99–514Jan. 1, 1994Pub. L. 99–514 section 46 of this titleAmendment by section 201(d)(7)(C), (12) of not applicable to any property placed in service before , if such property placed in service as part of specified rehabilitations, and not applicable to certain additional rehabilitations, see section 251(d)(2), (3) of , set out as a note under .

section 1878(b) of Pub. L. 99–514 Pub. L. 98–369, div. A section 1881 of Pub. L. 99–514 section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .

Effective Date

Pub. L. 98–369, div. A, title X, § 1015(e)July 18, 198498 Stat. 1019 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

“(1)

In general .—

September 30, 1984Except as provided in paragraph (2), the amendments made by this section [enacting this section and amending sections 4161 and 6302 of this title] shall apply with respect to articles sold by the manufacturer, producer, or importer after .

“(2)

Treatment of certain resales .—

July 18, 1984Subsection (c) of section 4162 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to treatment of certain resales), as added by this section, shall apply to sales by related persons (as defined in such subsection) after the date of the enactment of this Act [].”

, , , as amended by , , , provided that:

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514Jan. 1, 1989section 1140 of Pub. L. 99–514 section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .