Publication 510 - Excise Taxes - 2004 Page 4

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a different ODC than the one specified in the
The ODC weight that should be specified
Communications and
table.
(unless the product is being removed).
Part II of the table lists electronic items that
The data supporting the request.
Air Transportation
are not included within any other list in the table.
An imported product is included in this list only if
Taxes
Send your request to the following ad-
the product meets one of the following tests.
dress.
Excise taxes are imposed on amounts paid for
1) It is an electronic component whose oper-
certain facilities and services. If you receive any
ation involves the use of nonmechanical
payment on which tax is imposed, you are re-
amplification or switching devices such as
Internal Revenue Service
quired to collect the tax, file returns, and pay the
tubes, transistors, and integrated circuits.
P.O. Box 7604
tax over to the government.
Ben Franklin Station
2) It contains components described in (1),
If you fail to collect and pay over the taxes,
Attn: CC:PA:LPD:PR
which account for more than 15% of the
you may be liable for the trust fund recovery
(Imported Products Table)
cost of the product.
penalty. See Penalties and Interest, later.
Room 5206
These components do not include passive
Washington, DC 20044
Communications Tax
electrical devices, such as resistors and capaci-
tors. Items such as screws, nuts, bolts, plastic
Floor Stocks Tax
A 3% tax is imposed on amounts paid for all the
parts, and similar specially fabricated parts that
following communications services.
may be used to construct an electronic item are
Tax is imposed on any ODC held (other than by
not themselves included in the listing for elec-
Local telephone service.
the manufacturer or importer of the ODC) on
tronic items.
January 1 for sale or use in further manufactur-
Toll telephone service.
ing. The person holding title (as determined
Rules for listing products. Products are
Teletypewriter exchange service.
under local law) to the ODC is liable for the tax,
listed in the table according to the following
whether or not delivery has been made.
rules.
Local telephone service. This includes ac-
These chemicals are taxable without regard
1) A product is listed in Part I of the table if it
cess to a local telephone system and the privi-
to the type or size of storage container in which
is a mixture containing ODCs.
lege of telephonic quality communication with
the ODCs are held. The tax may apply to an
most people who are part of the system. Local
ODC whether it is in a 14-ounce can or a
2) A product is listed in Part II of the table if
telephone service also includes any facility or
30-pound tank.
the Commissioner has determined that the
services provided in connection with this serv-
ODCs used as materials in the manufac-
You are liable for the floor stocks tax if you
ice. The tax applies to lease payments for cer-
ture of the product under the predominant
hold any of the following on January 1.
tain customer premises equipment (CPE) even
method are used for purposes of refrigera-
though the lessor does not also provide access
tion or air conditioning, creating an aerosol
1) At least 400 pounds of ODCs other than
to a local telecommunications system.
or foam, or manufacturing electronic com-
halons or methyl chloroform,
ponents.
Private communication service. Private
2) At least 50 pounds of halons, or
communication service is not local telephone
3) A product is listed in Part III of the table if
service. Private communication service includes
3) At least 1,000 pounds of methyl chloro-
the Commissioner has determined that the
accessory-type services provided in connection
form.
product meets both the following tests.
with a Centrex, PBX, or other similar system for
If you are liable for the tax, prepare an inven-
dual use accessory equipment. However, the
a) It is not an imported taxable product.
tory on January 1 of the taxable ODCs held on
charge for the service must be stated separately
that date for sale or for use in further manufac-
b) It would otherwise be included within a
from the charge for the basic system, and the
turing. You must pay this floor stocks tax by
list in Part II of the table.
accessory must function, in whole or in part, in
June 30 of each year. Report the tax on Form
connection with intercommunication among the
6627 and Part II of Form 720 for the second
For example, floppy disk drive units are listed
subscriber’s stations.
calendar quarter.
in Part III because they are not imported taxable
Toll telephone service. This includes a tele-
products and would have been included in the
For the tax rates, see the Form 6627 instruc-
phonic quality communication for which a toll is
Part II list for electronic items not specifically
tions.
charged that varies with the distance and
identified, but for their listing in Part III.
elapsed transmission time of each communica-
ODC weight. The Table ODC weight of a
ODCs not subject to floor stocks tax. The
tion. The toll must be paid within the United
product is the weight, determined by the Com-
floor stocks tax is not imposed on any of the
States. It also includes (a) a telephonic quality
missioner, of the ODCs used as materials in the
following ODCs.
communication for which a toll is charged that
manufacture of the product under the predomi-
varies only with elapsed transmission time and
nant method of manufacturing. The ODC weight
1) ODCs mixed with other ingredients that
(b) a long distance service that entitles the sub-
is listed in Part II in pounds per single unit of
scriber to make unlimited calls (sometimes lim-
contribute to achieving the purpose for
product unless otherwise specified.
ited as to the maximum number of hours) within
which the mixture will be used, unless the
a certain area for a periodic charge.
mixture contains only ODCs and one or
Modifying the table. A manufacturer or im-
more stabilizers.
porter of a product may request the IRS add a
Teletypewriter exchange service. This in-
product and its ODC weight to the table. They
2) ODCs contained in a manufactured article
cludes access from a teletypewriter or other
also may request the IRS remove a product from
in which the ODCs will be used for their
data station to a teletypewriter exchange system
the table, or change or specify the ODC weight
intended purpose without being released
and the privilege of intercommunication by that
of a product.
from the article.
station with most persons having teletypewriter
To request a modification, include your
or other data stations in the same exchange
3) ODCs that have been reclaimed or re-
name, address, taxpayer identification number,
system.
cycled.
and principal place of business in your request.
Figuring the tax. The tax is based on the sum
4) ODCs sold in a qualifying sale for:
The request must include the following informa-
of all charges for local or toll telephone service
tion for each product to be modified.
a) Use as a feedstock,
included in the bill. However, if the bill groups
The name of the product.
individual items for billing and tax purposes, the
b) Export, or
tax is based on the sum of the individual items
The HTS heading or subheading.
c) Use as a propellant in a metered-dose
within that group. The tax on the remaining items
The type of modification requested.
inhaler.
not included in any group is based on the charge
Page 4

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