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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 41 - Public Contracts and Property Management |
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Subtitle C - Federal Property Management Regulations System |
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Chapter 101 - Federal Property Management Regulations |
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SubChapter H - Utilization and Disposal |
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Part 101-45 - Sale, Abandonment, or Destruction of Personal Property |
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Subpart 101-45.3 - Sale of Personal Property |
§ 101-45.314 - Federal excise taxes.
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Federal manufacturers’ and retailers’ excise taxes are not applicable to the sale or other disposal by the Government of personal property or the disposal of contractor inventory. Federal manufacturers’ excise taxes do not apply to subsequent sales, including uses, by purchasers of Government property and contractor inventory. Federal retailers’ excise taxes apply to subsequent sales, but not to subsequent uses by the purchasers unless the subsequent sale is made for resale and a certificate of resale is obtained. The foregoing does not apply to gasoline, and holding agencies shall make appropriate arrangements with the Internal Revenue Service with respect to the disposal thereof. Questions relating to the applicability of Federal excise taxes arising from the disposal of property or contractor inventory should be referred to the Internal Revenue Service.