Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 2 - Defense Acquisition Regulations System, Department of Defense |
SubChapter H - Clauses and Forms |
Part 252 - Solicitation Provisions and Contract Clauses |
Subpart 252.2 - Text of Provisions And Clauses |
§ 252.229-7014 - Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements.
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252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements.
As prescribed in 229.402-70(k), use the following clause:
Full Exemption From Two-Percent Excise Tax on Certain Foreign Procurements (OCT 2022)
(a) As the Contractor represented in its offer, any item, including any item delivered under subcontract; any service; or any combination thereof delivered under this contract is fully exempt from the 2-percent excise tax withholding imposed by 26 U.S.C. 5000C and implemented by Federal Acquisition Regulation (FAR) 52.229-12, Tax on Certain Foreign Procurements.
(b) If the full exemption no longer applies due to a change in circumstances during the performance of the contract, causing the Contractor to become subject to the withholding for the 2-percent excise tax as imposed by 26 U.S.C. 5000C, then the Contractor shall immediately comply with the notification and billing requirements of FAR clause 52.229-12.
(End of clause)
[87 FR 65517, Oct. 28, 2022]