[4830-01-u]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 52 and 602
[TD 8622]
RIN 1545-AQ23
Exports of Chemicals that Deplete the Ozone Layer; Special Rules for Certain
Medical Uses of Chemicals that Deplete the Ozone Layer
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
SUMMARY: This document contains final regulations relating to taxes imposed
on exports of ozone-depleting chemicals (ODCs), taxes imposed on ODCs used as
medical sterilants or propellants in metered-dose inhalers, and floor stocks
taxes on ODCs. The regulations reflect changes to the law made by the Omnibus
Budget Reconciliation Act of 1989, the Omnibus Budget Reconciliation Act of
1990, and the Energy Policy Act of 1992 and affect persons who manufacture,
import, export, sell, or use ODCs.
EFFECTIVE DATE: These regulations are effective January 1, 1993.
FOR FURTHER INFORMATION CONTACT: Ruth Hoffman, (202) 622-3130 (not a toll-
free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collections of information contained in these final regulations have
been reviewed and approved by the Office of Management and Budget in
accordance with the Paperwork Reduction Act (44 U.S.C. 3504(h)) under control
number 1545-1361.
Estimated average annual burden per recordkeeper: 0.2 hour.
Estimated average annual burden per respondent: 0.1 hour.
Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be sent to the Internal Revenue Service, Attn:
IRS Reports Clearance Officer, PC:FP, Washington, DC 20224, and to the Office
of Management and Budget, Attn: Desk Officer for the Department of the
Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503.
Background
This document contains amendments to the Environmental Tax Regulations
(26 CFR part 52) relating to exports of ODCs under sections 4681 and 4682.
Sections 4681 and 4682 were enacted as part of the Omnibus Budget
Reconciliation Act of 1989, and amended by the Omnibus Budget Reconciliation
Act of 1990 and the Energy Policy Act of 1992 (Energy Act).
Section 4682(d)(3) provides a limited exemption from tax for ODCs that
are exported. Although final regulations (TD 8370) under sections 4681 and
4682 were published in the Federal Register on November 4, 1991 (56 FR 56303),
the section relating to exports of ODCs was reserved.
The Energy Act increased and made uniform the base tax amounts for all
ODCs and extended the floor stocks tax to calendar years after 1994. The
Energy Act also provides a reduced rate of tax for (1) ODCs used as
propellants in metered-dose inhalers (for years after 1992), (2) ODCs used as
medical sterilants (for 1993 only), and (3) methyl chloroform (for 1993 only).
On January 15, 1993, proposed regulations (PS-89-91) relating to exports
of ODCs and the Energy Act changes were published in the Federal Register (58
FR 4625). Written comments responding to the notice of proposed rulemaking
were received. A public hearing was not held. After consideration of all the
comments, the proposed regulations are adopted as revised by this Treasury
decision. The comments and revisions are discussed below.
Explanation of Revisions and Summary of Comments
Mixtures
Under the 1991 final regulations, the creation of a mixture is treated
as a taxable use of the ODCs contained in the mixture unless a person elects
other treatment (the mixture election). The proposed regulations provided,
however, that the creation of a mixture for export is not a taxable use of the
ODCs contained in the mixture. Commenters supported the proposed rule and
suggested that it also apply to mixtures created for feedstock use. These
final regulations adopt the proposed rule and extend its application to
include the creation of a mixture for feedstock use. However, these
regulations do not adopt the suggestion that the rule be further extended to
apply to sales of ODCs for the creation of a mixture.
Metered-dose Inhalers
Several commenters pointed out that the proposed definition of a
metered-dose inhaler, by including the phrase directly to the lungs, excluded
two of the eight types of inhalers. They suggested that we modify the
definition to remove this phrase. The final regulations adopt this
suggestion.
Exemption Amount
One commenter pointed out that the provisions of the proposed
regulations describing exemption amounts should refer to exceptions from tax
under section 4682(d) rather than under section 4682(d)(3). The final
regulations adopt the suggested reference.
One commenter suggested that we add an example illustrating the
calculation of the exemption amount when a person is both a manufacturer and
an importer. The final regulations provide such an example.
Registration
One commenter suggested that we specify how to register with the IRS.
The final regulations explain the registration procedure.
Credit or Refund for Exports
One commenter thought that the wording of the proposed rule relating to
a claim for credit or refund of tax paid on ODCs that are exported was
ambiguous as to which year's exemption limitation applies to such a claim.
The final regulations clarify that the applicable limitation is the limitation
for the calendar year during which the ODCs were sold.
The same commenter raised questions about the documentation to be
submitted with a claim and suggested that the regulations provide more
information. Documentation needs to be submitted with a claim only if
specifically required. Neither the proposed nor the final regulations require
documentation to be submitted with the claim.
Another commenter suggested that for periods before 1993 we accept
export documentation similar to that required by the Environmental Protection
Agency. These final regulations provide that such documentation is
acceptable.
Special Analyses
It has been determined that this Treasury decision is not a significant
regulatory action as defined in EO 12866. Therefore, a regulatory assessment
is not required. It also has been determined that section 553(b) of the
Administrative Procedure Act (5 U.S.C. chapter 5) and the Regulatory
Flexibility Act (5 U.S.C. chapter 6) do not apply to these regulations, and,
therefore, a Regulatory Flexibility Analysis is not required. Pursuant to
section 7805(f) of the Internal Revenue Code, the notice of proposed
rulemaking preceding these regulations was submitted to the Small Business
Administration for comment on its impact on small business.
Drafting Information
The principal author of these regulations is Ruth Hoffman, Office of
Assistant Chief Counsel (Passthroughs and Special Industries). However, other
personnel from the IRS and Treasury Department participated in their
development.
List of Subjects
26 CFR Part 52
Chemicals, Excise taxes, Reporting and recordkeeping requirements.
26 CFR Part 602
Reporting and recordkeeping requirements.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR parts 52 and 602 are amended as follows:
PART 52--ENVIRONMENTAL TAXES
Paragraph 1. The authority citation for part 52 is amended by adding an
entry in numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Section 52.4682-5 also issued under 26 U.S.C. 4662(e)(4).
52.4681-0 [Removed]
Par. 2. Section 52.4681-0 is removed.
Par. 3. Section 52.4681-1 is amended by:
1. Revising paragraph (a)(3)(ii).
2. Revising paragraph (c)(7)(iii)(A).
3. Revising paragraph (d)(3).
The revisions read as follows:
52.4681-1 Taxes imposed with respect to ozone-depleting chemicals.
(a) * * *
(3) * * *
(ii) Dates on which tax imposed. The floor stocks tax is imposed on
January 1 of each calendar year after 1989.
* * * * *
(c) * * *
(7) * * *
(iii) * * *
(A) Section 52.4682-1(b)(2)(iii) (relating to mixture elections),
52.4682-1(b)(2)(iv) (relating to mixtures for export), and 52.4682-1(b)(2)(v)
(relating to mixtures for use as a feedstock);
* * * * *
(d) * * *
(3) Post-1989 ODCs held for sale or for use in further manufacture by
any person other than the manufacturer or importer thereof on January 1, 1990,
and post-1989 and post-1990 ODCs that are so held on January 1 of each
calendar year after 1990.
Par. 4. Section 52.4682-1 is amended by:
1. Revising paragraph (a).
2. Revising the introductory text of paragraph (b)(2)(ii).
3. Adding paragraph (b)(2)(iv).
4. Revising paragraphs (f) and (g).
5. Adding paragraph (h).
6. Adding and reserving paragraph (i).
7. Adding paragraph (j).
8. Adding and reserving paragraph (k).
The revisions and additions read as follows:
52.4682-1 Ozone-depleting chemicals.
(a) Overview. This section provides rules relating to the tax imposed
on ozone-depleting chemicals (ODCs) under section 4681, including rules for
identifying taxable ODCs and determining when the tax is imposed, and rules
prescribing special treatment for certain ODCs. See 52.4681-1(a)(1) and (c)
for general rules and definitions relating to the tax on ODCs.
(b) * * *
(2) * * *
(ii) Mixtures. Except as provided in paragraphs (b)(2)(iii), (iv), and
(v) of this section, the creation of a mixture containing two or more
ingredients is treated as a taxable use of the ODCs contained in the mixture.
For this purpose, a mixture cannot be represented by a chemical formula, and
an ODC is contained in a mixture only if the chemical identity of the ODC is
not changed. Thus, except as provided in paragraphs (b)(2)(iii), (iv), and
(v) of this section--
* * * * *
(iv) Special rule for exports. The creation of a mixture for export is
not a taxable use of the ODCs contained in the mixture. If a manufacturer or
importer sells a mixture for export, 52.4682-5 applies to the ODCs contained
in the mixture. See 52.4682-5(e) for rules relating to liability of a
purchaser for tax if the mixture is not exported.
(v) Special rule for use as a feedstock. The creation of a mixture for
use as a feedstock (within the meaning of paragraph (c) of this section) is
not a taxable use of the ODCs contained in the mixture.
* * * * *
(f) Methyl chloroform; reduced rate of tax in 1993. The amount of tax
imposed on methyl chloroform is determined under section 4682(g)(5) if the
manufacturer or importer of the methyl chloroform sells or uses it during
1993.
(g) ODCs used as medical sterilants--(1) Phase-in of tax. The amount of
tax imposed on an ODC is determined under section 4682(g)(4) if the
manufacturer or importer of the ODC--
(i) Uses the ODC during 1993 as a medical sterilant; or
(ii) Sells the ODC in a qualifying sale (within the meaning of paragraph
(g)(4) of this section) during 1993.
(2) Excess payments--(i) In general. Under section 4682(g)(4)(B), a
credit against income tax (without interest) or a refund of tax (without
interest) is allowed to a person if--
(A) The person uses an ODC during 1993 as a medical sterilant; and
(B) The amount of any tax paid with respect to the ODC under section
4681 or 4682 exceeds the amount that would have been determined under section
4682(g)(4).
(ii) Amount of credit or refund. The amount of credit or refund of tax
is equal to the excess of--
(A) The tax that was paid with respect to the ODCs under sections 4681
and 4682; over
(B) The tax that would have been imposed under section 4682(g)(4).
(iii) Procedural rules. (A) The amount determined under section
4682(g)(4)(B) and paragraph (g)(2)(ii) of this section is treated as a credit
described in section 34(a) (relating to credits for gasoline and special
fuels) unless a claim for refund has been filed.
(B) See section 6402 and the regulations under that section for
procedural rules relating to claiming a credit or refund of tax.
(3) Definition of use as a medical sterilant. An ODC is used as a
medical sterilant if it is used in the manufacture of sterilant gas.
(4) Qualifying sale. A sale of an ODC for use as a medical sterilant is
a qualifying sale if the requirements of 52.4682-2(b)(3) are satisfied with
respect to the sale.
(h) ODCs used as propellants in metered-dose inhalers--(1) Reduced rate
of tax. The amount of tax imposed on an ODC is determined under section
4682(g)(4) if the manufacturer or importer of the ODC--
(i) Uses the ODC after 1992 as a propellant in a metered-dose inhaler;
or
(ii) Sells the ODC in a qualifying sale (within the meaning of paragraph
(h)(4) of this section) after 1992.
(2) Excess payments--(i) In general. Under section 4682(g)(4)(B), a
credit against income tax (without interest) or a refund of tax (without
interest) is allowed to a person if--
(A) The person uses an ODC after 1992 as a propellant in a metered-dose
inhaler; and
(B) The amount of any tax paid with respect to the ODC under section
4681 or 4682 exceeds the amount that would have been determined under section
4682(g)(4).
(ii) Amount of credit or refund. The amount of credit or refund of tax
is equal to the excess of--
(A) The tax that was paid with respect to the ODCs under sections 4681
and 4682; over
(B) The tax that would have been imposed under section 4682(g)(4).
(iii) Procedural rules--(A) The amount determined under section
4682(g)(4)(B) and paragraph (h)(2)(ii) of this section is treated as a credit
described in section 34(a) (relating to credits for gasoline and special
fuels) unless a claim for refund has been filed.
(B) See section 6402 and the regulations under that section for
procedural rules relating to claiming a credit or refund of tax.
(3) Definition of metered-dose inhaler. A metered-dose inhaler is an
aerosol device that delivers a precisely-measured dose of a therapeutic drug.
(4) Qualifying sale. A sale of an ODC for use as a propellant for a
metered-dose inhaler is a qualifying sale if the requirements of 52.4682-
2(b)(4) are satisfied with respect to the sale.
(i) [Reserved]
(j) Exports; cross-reference. For the treatment of exports of ODCs, see
52.4682-5.
(k) Recycling. [Reserved]
Par. 5. Section 52.4682-2 is amended by:
1. Adding paragraphs (a)(1)(iii) and (a)(1)(iv).
2. Amending the second sentence of paragraph (a)(2) by:
a. Removing the language "submission of a document to" and adding
"registration with" in its place.
b. Removing the language "registration certificates" and adding
"certificates" in its place.
3. Removing the language "registration" from paragraphs (b)(1)(i) and
(b)(2)(i).
4. Adding paragraphs (b)(3) and (b)(4).
5. Revising the heading for paragraph (d).
6. Revising paragraph (d)(1)(i).
7. Adding paragraphs (d)(4) and (d)(5).
The additions and revisions read as follows:
52.4682-2 Qualifying sales.
(a) * * *
(1) * * *
(iii) Under section 4682(g)(4) and 52.4682-1(g) (relating to ODCs used
as medical sterilants), ODCs sold in qualifying sales are taxed at a reduced
rate in 1993.
(iv) Under section 4682(g)(4) and 52.4682-1(h) (relating to ODCs used
as propellants in metered-dose inhalers), ODCs sold in qualifying sales are
taxed at a reduced rate in years after 1992.
* * * * *
(b) * * *
(3) Use as medical sterilants. A sale of ODCs is a qualifying sale for
purposes of 52.4682-1(g) if the manufacturer or importer of the ODCs--
(i) Obtains a certificate in substantially the form set forth in
paragraph (d)(4) of this section from the purchaser of the ODCs; and
(ii) Relies on the certificate in good faith.
(4) Use as propellants in metered-dose inhalers. A sale of ODCs is a
qualifying sale for purposes of 52.4682-1(h) and 52.4682-4(b)(2)(vii) if the
manufacturer or importer of the ODCs--
(i) Obtains a certificate in substantially the form set forth in
paragraph (d)(5) of this section from the purchaser of the ODCs; and
(ii) Relies on the certificate in good faith.
* * * * *
(d) Certificate--(1) * * * (i) Rules relating to all certificates. This
paragraph (d) sets forth certificates that satisfy the requirements of
paragraphs (b)(1) through (4) of this section. The certificate shall consist
of a statement executed and signed under penalties of perjury by a person with
authority to bind the purchaser. A certificate provided under paragraph
(d)(2) or (5) of this section may apply to a single purchase or to multiple
purchases and need not specify an expiration date. A certificate provided
under paragraph (d)(3) or (4) of this section may apply to a single purchase
or multiple purchases, and will expire as of December 31, 1993, unless an
earlier expiration date is specified in the certificate. A new certificate
must be given to the supplier if any information on the current certificate
changes. The certificate may be included as part of any business records
normally used to document a sale.
* * * * *
(4) Certificate relating to ODCs used as medical sterilants--(i) ODCs
that will be resold for use by the second purchaser as medical sterilants. If
the purchaser will resell the ODCs to a second purchaser for use by such
second purchaser as medical sterilants, the certificate provided by the
purchaser must be in substantially the following form:
CERTIFICATE OF PURCHASER OF CHEMICALS THAT WILL BE RESOLD
FOR USE BY THE SECOND PURCHASER AS MEDICAL STERILANTS
(To support tax-reduced sales under section
4682(g)(4) of the Internal Revenue Code.)
Effective Date _________________________
Expiration Date_________________________
(not after 12/31/93)
The undersigned purchaser (Purchaser) certifies the following under
penalties of perjury:
The following percentage of ozone-depleting chemicals purchased from:
_____________________________________________________
(Name of seller)
______________________________________________________________
(Address of seller)
will be resold by Purchaser to persons (Second Purchasers) that certify to
Purchaser that they are purchasing the ozone-depleting chemicals for use as
medical sterilants (as defined in 52.4682-1(g)(3) of the Environmental Tax
Regulations).
PRODUCT PERCENTAGE
CFC-12 ___________
This certificate applies to (check and complete as applicable):
______ All shipments to Purchaser at the following location(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following Purchaser account
number(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following purchase order(s):
____________________
____________________
____________________
______ One or more shipments to Purchaser identified as follows:
____________________
____________________
____________________
Purchaser will not claim a credit or refund under section 4682(g)(4) of
the Internal Revenue Code for any ozone-depleting chemicals covered by this
certificate.
Purchaser understands that any use by Purchaser of the ozone-depleting
chemicals to which this certificate applies other than for the purpose set
forth in this certificate may result in the withdrawal by the Internal Revenue
Service of Purchaser's right to provide a certificate.
Purchaser will retain the business records needed to document the sales
covered by this certificate and will make such records available for
inspection by Government officers. Purchaser also will retain and make
available for inspection by Government officers the certificates of its Second
Purchasers.
Purchaser has not been notified by the Internal Revenue Service that its
right to provide a certificate has been withdrawn. In addition, the Internal
Revenue Service has not notified Purchaser that the right to provide a
certificate has been withdrawn from any Second Purchaser who will purchase
ozone-depleting chemicals to which this certificate applies.
Purchaser understands that the fraudulent use of this certificate may
subject Purchaser and all parties making such fraudulent use of this
certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
______________________________________________________
Name of Purchaser
______________________________________________________
Address of Purchaser
______________________________________________________
______________________________________________________
Taxpayer Identifying Number of Purchaser
______________________________________________________
Title of person signing
______________________________________________________
Printed or typed name of person signing
______________________________________________________
Signature
(ii) ODCs that will be used by the purchaser as medical sterilants. If
the purchaser will use the ODCs as medical sterilants, the certificate
provided by the purchaser must be in substantially the following form:
CERTIFICATE OF PURCHASER OF CHEMICALS THAT WILL BE USED BY
THE PURCHASER AS MEDICAL STERILANTS
(To support tax-reduced sales under section
4682(g)(4) of the Internal Revenue Code.)
Effective Date _________________________
Expiration Date_________________________
(not after 12/31/93)
The undersigned purchaser (Purchaser) certifies the following under
penalties of perjury:
The following percentage of ozone-depleting chemicals purchased from:
____________________________________________________________
(Name of seller)
____________________________________________________________
(Address of seller)
will be used by Purchaser as medical sterilants (as defined in 52.4682-
1(g)(3) of the Environmental Tax Regulations).
PRODUCT PERCENTAGE
CFC-12 __________
This certificate applies to (check and complete as applicable):
______ All shipments to Purchaser at the following location(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following Purchaser account
number(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following purchase order(s):
____________________
____________________
____________________
______ One or more shipments to Purchaser identified as follows:
____________________
____________________
____________________
Purchaser will not claim a credit or refund under section 4682(g)(4) of
the Internal Revenue Code for any ozone-depleting chemicals covered by this
certificate.
Purchaser understands that any use by Purchaser of the ozone-depleting
chemicals to which this certificate applies other than as medical sterilants
may result in the withdrawal by the Internal Revenue Service of Purchaser's
right to provide a certificate.
Purchaser will retain the business records needed to document the use as
medical sterilants of the ozone-depleting chemicals to which this certificate
applies and will make such records available for inspection by Government
officers.
Purchaser has not been notified by the Internal Revenue Service that its
right to provide a certificate has been withdrawn.
Purchaser understands that the fraudulent use of this certificate may
subject Purchaser and all parties making such fraudulent use of this
certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
______________________________________________________
Name of Purchaser
______________________________________________________
Address of Purchaser
______________________________________________________
______________________________________________________
Taxpayer Identifying Number of Purchaser
______________________________________________________
Title of person signing
______________________________________________________
Printed or typed name of person signing
______________________________________________________
Signature
(5) Certificate relating to ODCs used as propellants in metered-dose
inhalers--(i) ODCs that will be resold for use by the second purchaser as
propellants in metered-dose inhalers. If the purchaser will resell the ODCs
to a second purchaser for use by such second purchaser as propellants in
metered-dose inhalers, the certificate provided by the purchaser must be in
substantially the following form:
CERTIFICATE OF PURCHASER OF CHEMICALS THAT WILL BE RESOLD
FOR USE BY THE SECOND PURCHASER AS PROPELLANTS IN
METERED-DOSE INHALERS
(To support tax-reduced sales under section
4682(g)(4) of the Internal Revenue Code.)
Date _________________________
The undersigned purchaser (Purchaser) certifies the following under
penalties of perjury:
The following percentage of ozone-depleting chemicals purchased from:
____________________________________________________________
(Name of seller)
____________________________________________________________
(Address of seller)
will be resold by Purchaser to persons (Second Purchasers) that certify to
Purchaser that they are purchasing the ozone-depleting chemicals for use as
propellants in metered-dose inhalers (as defined in 52.4682-1(h)(3) of the
Environmental Tax Regulations).
PRODUCT PERCENTAGE
CFC-11 __________
CFC-12 __________
CFC-114 __________
This certificate applies to (check and complete as applicable):
______ All shipments to Purchaser at the following location(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following Purchaser account
number(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following purchase order(s):
____________________
____________________
____________________
______ One or more shipments to Purchaser identified as follows:
____________________
____________________
____________________
Purchaser will not claim a credit or refund under section 4682(g)(4) of
the Internal Revenue Code for any ozone-depleting chemicals covered by this
certificate.
Purchaser understands that any use by Purchaser of the ozone-depleting
chemicals to which this certificate applies other than for the purpose set
forth in this certificate may result in the withdrawal by the Internal Revenue
Service of Purchaser's right to provide a certificate.
Purchaser will retain the business records needed to document the sales
covered by this certificate and will make such records available for
inspection by Government officers. Purchaser also will retain and make
available for inspection by Government officers the certificates of its Second
Purchasers.
Purchaser has not been notified by the Internal Revenue Service that its
right to provide a certificate has been withdrawn. In addition, the Internal
Revenue Service has not notified Purchaser that the right to provide a
certificate has been withdrawn from any Second Purchaser who will purchase
ozone-depleting chemicals to which this certificate applies.
Purchaser understands that the fraudulent use of this certificate may
subject Purchaser and all parties making such fraudulent use of this
certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
______________________________________________________
Name of Purchaser
______________________________________________________
Address of Purchaser
______________________________________________________
______________________________________________________
Taxpayer Identifying Number of Purchaser
______________________________________________________
Title of person signing
______________________________________________________
Printed or typed name of person signing
______________________________________________________
Signature
(ii) ODCs that will be used by the purchaser as propellants in metered-
dose inhalers. If the purchaser will use the ODCs as propellants in metered-
dose inhalers, the certificate provided by the purchaser must be in
substantially the following form:
CERTIFICATE OF PURCHASER OF CHEMICALS THAT WILL BE USED BY
THE PURCHASER AS PROPELLANTS IN METERED-DOSE INHALERS
(To support tax-reduced sales under section
4682(g)(4) of the Internal Revenue Code.)
Date _________________________
The undersigned purchaser (Purchaser) certifies the following under
penalties of perjury:
The following percentage of ozone-depleting chemicals purchased from:
____________________________________________________________
(Name of seller)
____________________________________________________________
(Address of seller)
will be used by Purchaser as propellants in metered-dose inhalers (as defined
in 52.4682-1(h)(3) of the Environmental Tax Regulations).
PRODUCT PERCENTAGE
CFC-11 __________
CFC-12 __________
CFC-114 __________
This certificate applies to (check and complete as applicable):
______ All shipments to Purchaser at the following location(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following Purchaser account
number(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following purchase order(s):
____________________
____________________
____________________
______ One or more shipments to Purchaser identified as follows:
____________________
____________________
____________________
Purchaser will not claim a credit or refund under section 4682(g)(4) of
the Internal Revenue Code for any ozone-depleting chemicals covered by this
certificate.
Purchaser understands that any use by Purchaser of the ozone-depleting
chemicals to which this certificate applies other than as propellants in
metered-dose inhalers may result in the withdrawal by the Internal Revenue
Service of Purchaser's right to provide a certificate.
Purchaser will retain the business records needed to document the use as
propellants in metered-dose inhalers of the ozone-depleting chemicals to which
this certificate applies and will make such records available for inspection
by Government officers.
Purchaser has not been notified by the Internal Revenue Service that its
right to provide a certificate has been withdrawn.
Purchaser understands that the fraudulent use of this certificate may
subject Purchaser and all parties making such fraudulent use of this
certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
______________________________________________________
Name of Purchaser
______________________________________________________
Address of Purchaser
______________________________________________________
______________________________________________________
Taxpayer Identifying Number of Purchaser
______________________________________________________
Title of person signing
______________________________________________________
Printed or typed name of person signing
______________________________________________________
Signature
Par. 6. Section 52.4682-4 is amended by:
1. Removing the introductory text of paragraph (b)(2).
2. Revising the first sentence of paragraph (b)(2)(i)(B)(1).
3. Adding paragraphs (b)(2)(vi) through (b)(2)(viii).
4. Adding a sentence at the end of paragraph (d)(1)(i).
5. Revising paragraph (d)(1)(iv)(A)(1).
6. Adding paragraph (d)(4).
7. Revising paragraph (e)(4)(i).
8. Redesignating paragraph (e)(5) as paragraph (e)(6) and adding a new
paragraph (e)(5).
9. Revising Example 5 of newly designated paragraph (e)(6).
The revisions and additions read as follows:
52.4682-4 Floor stocks tax.
* * * * *
(b) * * *
(2) * * *
(i) * * *
(B) * * * (1) In general. In the case of the floor stocks tax imposed
on January 1 of a calendar year after 1990, the tax is not imposed on an ODC
that has been mixed with any other ingredients, but only if it is established
that such ingredients contribute to the accomplishment of the purpose for
which the mixture will be used. * * *
* * * * *
(vi) ODCs to be exported--(A) In general. The floor stocks tax is not
imposed on any ODC that was sold in a qualifying sale for export (as defined
in 52.4682-5(d)(1)).
(B) ODCs sold before January 1, 1993. An ODC that was sold by its
manufacturer or importer before January 1, 1993, is treated, for purposes of
this paragraph (b)(2)(vi), as an ODC that was sold in a qualifying sale for
export for purposes of 52.4682-5(d)(1) if the ODC will be exported.
(vii) ODCs used as propellants in metered-dose inhalers; years after
1992--(A) In general. The floor stocks tax is not imposed on January 1 of
calendar years after 1992 on any ODC that was sold in a qualifying sale for
use as a propellant in a metered-dose inhaler (as defined in 52.4682-1(h)).
(B) ODCs sold before January 1, 1993. An ODC that was sold by its
manufacturer or importer before January 1, 1993, is treated, for purposes of
this paragraph (b)(2)(vii), as an ODC that was sold in a qualifying sale for
purposes of 52.4682-1(h) if the ODC will be used as a propellant in a
metered-dose inhaler (within the meaning of 52.4682-1(h)).
(viii) ODCs used as medical sterilants; 1993. The floor stocks tax is
not imposed in 1993 on any ODC held for use as a medical sterilant (as defined
in 52.4682-1(g)).
* * * * *
(d) * * *
(1) * * *
(i) * * * The amount of the floor stocks tax imposed on the ODCs
contained in a nonexempt mixture is computed on the basis of the weight of the
ODCs in that mixture.
* * * * *
(iv) * * *
(A) * * *
(1) The tentative tax amount is determined, except as provided in
paragraph (d)(2), (3), or (4) of this section, by reference to the rate of tax
prescribed in section 4681(b)(1)(B) and the ozone-depletion factors prescribed
in section 4682(b).
* * * * *
(4) Methyl chloroform; 1993. In the case of methyl chloroform, the
tentative tax amount is determined under section 4682(g)(5) for purposes of
computing the floor stocks tax imposed on January 1, 1993.
(e) * * *
(4) * * *
(i) At least 400 pounds of ODCs that are not described in paragraph
(d)(2) or (d)(3) of this section and are otherwise subject to tax;
* * * * *
(5) Calendar years after 1994. In the case of the floor stocks tax
imposed on January 1 of 1995 and each following calendar year, a person is
liable for the tax only if, on such date, the person holds--
(i) At least 400 pounds of ODCs that are not described in paragraph
(d)(3) or (d)(4) of this section and are otherwise subject to tax;
(ii) At least 50 pounds of ODCs that are described in paragraph (d)(3)
of this section and are otherwise subject to tax; or
(iii) At least 1000 pounds of ODCs that are described in paragraph
(d)(4) of this section and are otherwise subject to tax.
(6) * * *
Example 5. (a) On January 1, 1994, D holds for sale 300 pounds of CFC-
113 (an ODC not described in paragraph (d)(2) or (d)(3) of this section) and
25 pounds of Halon-1301 (an ODC described in paragraph (d)(3) of this
section). D is liable for the floor stocks tax imposed on January 1, 1994,
because 25 pounds of Halon-1301 exceeds the de minimis amount specified in
paragraph (e)(4)(iii) of this section. The 300 pounds of CFC-113 is less than
the amount specified in paragraph (e)(4)(i) of this section. Nevertheless,
tax is imposed on both the 25 pounds of Halon-1301 and the 300 pounds of CFC-
113.
(b) The amount of the floor stocks tax is determined separately for the
300 pounds of CFC-113 and the 25 pounds of Halon-1301 and is equal to the
difference between the tentative tax amount and the amount of tax previously
imposed on those ODCs. For Halon-1301, for example, the tax is determined as
follows. The tentative tax amount is $1,087.50 ($4.35 (the base tax amount in
1994) x 10 (the ozone-depletion factor for Halon-1301) x 25 (the number of
pounds held)). The tax previously imposed on the Halon-1301 is $6.28 ($3.35
(the base tax amount in 1993) x 10 (the ozone-depletion factor for Halon-1301)
x 0.75 percent (the applicable percentage determined under section
4682(g)(2)(A)) x 25 (the number of pounds held)). Thus, the floor stocks tax
imposed on the 25 pounds of Halon-1301 in 1994 is $1,081.22, the difference
between $1,087.50 (the tentative tax amount) and $6.28 (the tax previously
imposed).
* * * * *
Par. 7. Section 52.4682-5 is added to read as follows:
52.4682-5 Exports.
(a) Overview. This section provides rules relating to the tax imposed
under section 4681 on ozone-depleting chemicals (ODCs) that are exported. In
general, tax is not imposed on ODCs that a manufacturer or importer sells for
export, or for resale by the purchaser to a second purchaser for export, if
the procedural requirements set forth in paragraph (d) of this section are
met. The tax benefit of this exemption is limited, however, to the
manufacturer's or importer's exemption amount. Thus, if the tax that would
otherwise be imposed under section 4681 on ODCs that a manufacturer or
importer sells for export exceeds this exemption amount, a tax equal to the
excess is imposed on the ODCs. The exemption amount, which is determined
separately for post-1989 ODCs and post-1990 ODCs, is calculated for each
calendar year in accordance with the rules of paragraph (c) of this section.
This section also provides rules under which a tax imposed under section 4681
on exported ODCs may be credited or refunded, subject to the same limit on tax
benefits, if the procedural requirements set forth in paragraph (f) of this
section are met. See 52.4681-1(c) for definitions relating to the tax on
ODCs.
(b) Exemption or partial exemption from tax--(1) In general. Except as
provided in paragraph (b)(2) of this section, no tax is imposed on an ODC if
the manufacturer or importer of the ODC sells the ODC in a qualifying sale for
export (within the meaning of paragraph (d)(1) of this section).
(2) Tax imposed if exemption amount exceeded--(i) Post-1989 ODCs. The
tax imposed on post-1989 ODCs that a manufacturer or importer sells in
qualifying sales for export during a calendar year is equal to the excess (if
any) of--
(A) The tax that would be imposed on the ODCs but for section 4682(d)(3)
and this section; over
(B) The post-1989 ODC exemption amount for the calendar year determined
under paragraph (c)(1) of this section.
(ii) Post-1990 ODCs. The tax imposed on post-1990 ODCs that a
manufacturer or importer sells in qualifying sales for export during a
calendar year is equal to the excess (if any) of--
(A) The tax that would be imposed on the ODCs but for section 4682(d)(3)
and this section; over
(B) The post-1990 ODC exemption amount for the calendar year determined
under paragraph (c)(2) of this section.
(iii) Allocation of tax--(A) Post-1989 ODCs. The tax (if any)
determined under paragraph (b)(2)(i) of this section may be allocated among
the post-1989 ODCs on which it is imposed in any manner, provided that the
amount allocated to any post-1989 ODC does not exceed the tax that would be
imposed on such ODC but for section 4682(d)(3) and this section.
(B) Post-1990 ODCs. The tax (if any) determined under paragraph
(b)(2)(ii) of this section may be allocated among the post-1990 ODCs on which
it is imposed in any manner, provided that the amount allocated to any post-
1990 ODC does not exceed the tax that would be imposed on such ODC but for
section 4682(d)(3) and this section.
(c) Exemption amount--(1) Post-1989 ODC exemption amount. A
manufacturer's or importer's post-1989 ODC exemption amount for a calendar
year is the sum of the following amounts:
(i) The 1986 export percentage of the aggregate tax that would (but for
section 4682(d), section 4682(g), and this section) be imposed under section
4681 on the maximum quantity, determined without regard to additional
production allowances, of post-1989 ODCs that the person is permitted to
manufacture during the calendar year under rules prescribed by the
Environmental Protection Agency (40 CFR part 82).
(ii) The aggregate tax that would (but for section 4682(d), section
4682(g), and this section) be imposed under section 4681 on post-1989 ODCs
that the person manufactures during the calendar year under any additional
production allowance granted by the Environmental Protection Agency.
(iii) The aggregate tax that would (but for section 4682(d), section
4682(g), and this section) be imposed under section 4681 on post-1989 ODCs
imported by the person during the calendar year.
(2) Post-1990 ODC exemption amount. A manufacturer's or importer's
post-1990 ODC exemption amount for a calendar year is the sum of the following
amounts:
(i) The 1989 export percentage of the aggregate tax that would (but for
section 4682(d), section 4682(g), and this section) be imposed under section
4681 on the maximum quantity, determined without regard to additional
production allowances, of post-1990 ODCs the person is permitted to
manufacture during the calendar year under rules prescribed by the
Environmental Protection Agency.
(ii) The aggregate tax that would (but for section 4682(d), section
4682(g), and this section) be imposed under section 4681 on post-1990 ODCs
that the person manufactures during the calendar year under any additional
production allowance granted by the Environmental Protection Agency.
(iii) The aggregate tax that would (but for section 4682(d), section
4682(g), and this section) be imposed under section 4681 on post-1990 ODCs
imported by the person during the calendar year.
(3) Definitions--(i) 1986 export percentage. See section
4682(d)(3)(B)(ii) for the meaning of the term 1986 export percentage.
(ii) 1989 export percentage. See section 4682(d)(3)(C) for the meaning
of the term 1989 export percentage.
(d) Procedural requirements relating to tax-free sales for export--(1)
Qualifying sales--(i) In general. A sale of ODCs is a qualifying sale for
export if--
(A) The seller is the manufacturer or importer of the ODCs and the
purchaser is a purchaser for export or for resale to a second purchaser for
export;
(B) At the time of the sale, the seller and the purchaser are registered
with the Internal Revenue Service; and
(C) At the time of the sale, the seller--
(1) Has an unexpired certificate in substantially the form set forth in
paragraph (d)(3)(ii) of this section from the purchaser; and
(2) Relies on the certificate in good faith.
(ii) Qualifying resale. A sale of ODCs is a qualifying resale for
export if--
(A) The seller acquired the ODCs in a qualifying sale for export and the
purchaser is a second purchaser for export;
(B) At the time of the sale, the seller and the purchaser are registered
with the Internal Revenue Service; and
(C) At the time of the sale, the seller--
(1) Has an unexpired certificate in substantially the form set forth in
paragraph (d)(3)(ii)(A) of this section from the purchaser of the ODCs; and
(2) Relies on the certificate in good faith.
(iii) Special rule relating to sales made before July 1, 1993. If a
sale for export made before July 1, 1993, satisfies all the requirements of
paragraph (d)(1)(i) or (ii) of this section other than those relating to
registration, the sale will be treated as a qualifying sale (or resale) for
export. Thus, a sale made before July 1, 1993, may be a qualifying sale (or
resale) even if the parties to the sale are not registered and the required
certificate does not contain statements regarding registration.
(iv) Registration. Application for registration is made on Form 637 (or
any other form designated for the same use by the Commissioner) according to
the instructions applicable to the form. A person is registered only if the
district director has issued that person a letter of registration and it has
not been revoked or suspended. The effective date of the registration must be
no earlier than the date on which the district director signs the letter of
registration. Each business unit that has, or is required to have, a separate
employer identification number is treated as a separate person.
(2) Good faith reliance. The requirements of paragraph (d)(1) of this
section are not satisfied with respect to a sale of ODCs and the sale is not a
qualifying sale (or resale) if, at the time of the sale--
(i) The seller has reason to believe that the ODCs are not purchased for
export; or
(ii) The Internal Revenue Service has notified the seller that the
purchaser's registration has been revoked or suspended.
(3) Certificate--(i) In general. The certificate required under
paragraph (d)(1) of this section consists of a statement executed and signed
under penalties of perjury by a person with authority to bind the purchaser,
in substantially the same form as model certificates provided in paragraph
(d)(3)(ii) of this section, and containing all information necessary to
complete such model certificate. A new certificate must be given if any
information in the current certificate changes. The certificate may be
included as part of any business records normally used to document a sale.
The certificate expires on the earliest of the following dates--
(A) The date one year after the effective date of the certificate;
(B) The date the purchaser provides a new certificate to the seller; or
(C) The date the seller is notified by the Internal Revenue Service or
the purchaser that the purchaser's registration has been revoked or suspended.
(ii) Model certificates--(A) ODCs sold for export by the purchaser. If
the purchaser will export the ODCs, the certificate must be in substantially
the following form:
CERTIFICATE OF PURCHASER OF CHEMICALS FOR EXPORT BY THE
PURCHASER
(To support tax-free sales under section 4682(d)(3) of the
Internal Revenue Code.)
Effective Date ________________________
Expiration Date ________________________
(not more than one year after effective date)
The undersigned purchaser (Purchaser) certifies the following under
penalties of perjury:
Purchaser is registered with the Internal Revenue Service as a purchaser
of ozone-depleting chemicals for export under registration number
. Purchaser's registration has not been suspended or revoked by the
Internal Revenue Service.
The following percentage of ozone-depleting chemicals purchased from:
____________________________________________________________
(Name of seller)
____________________________________________________________
(Address of seller)
____________________________________________________________
(Taxpayer identifying number of seller)
are purchased for export by Purchaser.
PRODUCT PERCENTAGE
CFC-11 __________________
CFC-12 __________________
CFC-113 __________________
CFC-114 __________________
CFC-115 __________________
Halon-1211 ___________________
Halon-1301 ___________________
Halon-2402 ___________________
Carbon tetrachloride __________________
Methyl chloroform __________________
Other (specify)
_______________ __________________
This certificate applies to (check and complete as applicable):
______ All shipments to Purchaser at the following location(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following Purchaser account
number(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following purchase order(s):
____________________
____________________
____________________
______ One or more shipments to Purchaser identified as follows:
____________________
____________________
____________________
Purchaser understands that Purchaser will be liable for tax imposed
under section 4681 if Purchaser does not export the ODCs to which this
certificate applies.
Purchaser understands that any use of the ODCs to which this certificate
applies other than for export may result in the revocation of Purchaser's
registration.
Purchaser will retain the business records needed to document the export
of the ozone-depleting chemicals to which this certificate applies and will
make such records available for inspection by Government officers.
Purchaser has not been notified by the Internal Revenue Service that its
registration has been revoked or suspended.
Purchaser understands that the fraudulent use of this certificate may
subject Purchaser and all parties making such fraudulent use of this
certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
______________________________________________________
Name of Purchaser
______________________________________________________
Address of Purchaser
______________________________________________________
______________________________________________________
Taxpayer Identifying Number of Purchaser
______________________________________________________
Title of person signing
______________________________________________________
Printed or typed name of person signing
______________________________________________________
Signature
(B) ODCs sold by the purchaser for resale for export by the second
purchaser. If the purchaser will resell the ODCs to a second purchaser for
export by the second purchaser, the certificate must be in substantially the
following form:
CERTIFICATE OF PURCHASER OF CHEMICALS FOR RESALE
FOR EXPORT BY THE SECOND PURCHASER
(To support tax-free sales under section 4682(d)(3) of the
Internal Revenue Code.)
Effective Date ________________________
Expiration Date ________________________
(not more than one year after effective date)
The undersigned purchaser (Purchaser) certifies the following under
penalties of perjury:
Purchaser is registered with the Internal Revenue Service as a purchaser
of ozone-depleting chemicals for export under registration number
. Purchaser's registration has not been suspended or revoked by the
Internal Revenue Service.
The following percentage of ozone-depleting chemicals purchased from:
____________________________________________________________
(Name of seller)
____________________________________________________________
(Address of seller)
____________________________________________________________
(Taxpayer identifying number of seller)
will be resold by Purchaser to persons (Second Purchasers) that certify to
Purchaser that they are (1) registered with the Internal Revenue Service as
purchasers of ozone-depleting chemicals for export and (2) purchasing the
ozone-depleting chemicals for export.
PRODUCT PERCENTAGE
CFC-11 __________________
CFC-12 __________________
CFC-113 __________________
CFC-114 __________________
CFC-115 __________________
Halon-1211 ___________________
Halon-1301 ___________________
Halon-2402 ___________________
Carbon tetrachloride __________________
Methyl chloroform __________________
Other (specify)
_______________ __________________
This certificate applies to (check and complete as applicable):
______ All shipments to Purchaser at the following location(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following Purchaser account
number(s):
____________________
____________________
____________________
______ All shipments to Purchaser under the following purchase order(s):
____________________
____________________
____________________
______ One or more shipments to Purchaser identified as follows:
____________________
____________________
____________________
Purchaser understands that Purchaser will be liable for tax imposed
under section 4681 if Purchaser does not resell the ODCs to which this
certificate applies to a Second Purchaser for export or export those ODCs.
Purchaser understands that any use of the ODCs to which this certificate
applies other than for resale to Second Purchasers for export may result in
the revocation of Purchaser's registration.
Purchaser will retain the business records needed to document the sales
to Second Purchasers for export covered by this certificate and will make such
records available for inspection by Government officers. Purchaser also will
retain and make available for inspection by Government officers the
certificates of its Second Purchasers.
Purchaser has not been notified by the Internal Revenue Service that its
registration has been revoked or suspended. In addition, the Internal Revenue
Service has not notified Purchaser of the revocation or suspension of the
registration of any Second Purchaser who will purchase ozone-depleting
chemicals to which this certificate applies.
Purchaser understands that the fraudulent use of this certificate may
subject Purchaser and all parties making such fraudulent use of this
certificate to a fine or imprisonment, or both, together with the costs of
prosecution.
______________________________________________________
Name of Purchaser
______________________________________________________
Address of Purchaser
______________________________________________________
______________________________________________________
Taxpayer Identifying Number of Purchaser
______________________________________________________
Title of person signing
______________________________________________________
Printed or typed name of person signing
______________________________________________________
Signature
(4) Documentation of export--(i) After December 31, 1992. After
December 31, 1992, to document the exportation of any ODCs, a person must have
the evidence required by the Environmental Protection Agency as proof that the
ODCs were exported.
(ii) Before January 1, 1993. Before January 1, 1993, to document the
exportation of any ODCs, a person must have evidence substantially similar to
that required by the Environmental Protection Agency as proof that the ODCs
were exported.
(e) Purchaser liable for tax--(1) Purchaser in qualifying sale. The
purchaser of ODCs in a qualifying sale for export is treated as the
manufacturer of the ODC and is liable for any tax imposed under section 4681
(determined without regard to exemptions for qualifying sales under this
section or 52.4682-1) when it sells or uses the ODCs if that purchaser does
not--
(i) Export the ODCs and document the exportation of the ODCs in
accordance with paragraph (d)(4) of this section; or
(ii) Sell the ODCs in a qualifying resale for export.
(2) Purchaser in qualifying resale. The purchaser of ODCs in a
qualifying resale for export is treated as the manufacturer of the ODC and is
liable for any tax imposed under section 4681 (determined without regard to
exemptions for qualifying sales under this section or 52.4682-1) when it
sells or uses the ODCs if that purchaser does not export the ODCs and document
the exportation of the ODCs in accordance with paragraph (d)(4) of this
section.
(f) Credit or refund--(1) In general. Except as provided in paragraph
(f)(2) of this section, a manufacturer or importer that meets the conditions
of paragraph (f)(3) of this section is allowed a credit or refund (without
interest) of the tax it paid to the government under section 4681 on ODCs that
are exported. Persons other than manufacturers and importers of ODCs cannot
file claims for credit or refund of tax imposed under section 4681 on ODCs
that are exported.
(2) Limitation. The amount of credits or refunds of tax under this
paragraph (f) is limited--
(i) In the case of tax paid on post-1989 ODCs sold during a calendar
year, to the amount (if any) by which the post-1989 exemption amount for the
year exceeds the tax benefit provided to such post-1989 ODCs under paragraph
(b) of this section; and
(ii) In the case of tax paid on post-1990 ODCs sold during a calendar
year, to the amount (if any) by which the post-1990 exemption amount for the
year exceeds the tax benefit provided to such post-1990 ODCs under paragraph
(b) of this section.
(3) Conditions to allowance of credit or refund. The conditions of this
paragraph (f)(3) are met if the manufacturer or importer--
(i) Documents the exportation of the ODCs in accordance with paragraph
(d)(4) of this section; and
(ii) Establishes that it has--
(A) Repaid or agreed to repay the amount of the tax to the person that
exported the ODC; or
(B) Obtained the written consent of the exporter to the allowance of the
credit or the making of the refund.
(4) Procedural rules. See section 6402 and the regulations under that
section for procedural rules relating to filing a claim for credit or refund
of tax.
(g) Examples. The following examples illustrate the provisions of this
section. In each example, the sales are qualifying sales for export (within
the meaning of paragraph (d)(1) of this section), all registration,
certification, and documentation requirements of this section are met, and the
ODCs sold for export are exported:
Example 1. (i) Facts. D, a corporation, manufactures CFC-11, a post-
1989 ODC, and does not manufacture or import any other ODCs. In 1993, D
manufactures 100,000 pounds of CFC-11, the maximum quantity D is allowed to
manufacture in 1993 under EPA regulations. D has no additional production
allowance from EPA for 1993. In 1993, the tax on CFC-11 is $3.35 per pound.
D's 1986 export percentage for post-1989 ODCs is 50%. In 1993, D sells 80,000
pounds of CFC-11 in qualifying sales for export. The remainder of D's
production is not exported.
(ii) Components of limit on tax benefit. Under paragraph (c)(1) of this
section, D's exemption amount for 1993 is equal to the sum of--
(A) D's 1986 export percentage multiplied by the aggregate tax that
would (but for section 4682(d), section 4682(g), and 52.4682-5) be imposed
under section 4681 on the maximum quantity of post-1989 ODCs D is permitted to
manufacture during 1993;
(B) The aggregate tax that would (but for section 4682(d), section
4682(g), and 52.4682-5) be imposed under section 4681 on post-1989 ODCs that
D manufactures during 1993 under an additional production allowance; and
(C) The aggregate tax that would (but for section 4682(d), section
4682(g), and 52.4682-5) be imposed under section 4681 on post-1989 ODCs
imported by D during 1993.
(iii) Limit on tax benefit. The amounts described in paragraphs (ii)(B)
and (C) of this Example 1 are equal to zero. Thus, D's 1993 exemption amount
is $167,500 (50% of $335,000 (the tax that would otherwise be imposed on
100,000 pounds of CFC-11 in 1993)).
(iv) Application of limit on tax benefit. Under paragraph (b)(2) of
this section, the tax imposed on the CFC-11 D sells for export is equal to the
excess of the tax that would have been imposed on those ODCs but for section
4682(d) and 52.4682-5, over D's 1993 exemption amount. But for 52.4682-5,
$268,000 ($3.35 x 80,000) of tax would have been imposed on the CFC-11 sold
for export. Thus, $100,500 ($268,000 - $167,500) of tax is imposed on the
CFC-11 sold for export.
Example 2. (i) Facts. E, a corporation, manufactures CFC-11, a post-
1989 ODC, and does not manufacture or import any other ODCs. In 1993, E
manufactures 100,000 pounds of CFC-11, the maximum quantity E is allowed to
manufacture in 1993 under EPA regulations. E has no additional production
allowance from EPA for 1993. In 1993, the tax on CFC-11 is $3.35 per pound.
E's 1986 export percentage for post-1989 ODCs is 50%. In 1993, E sells 45,000
pounds of CFC-11 tax free in qualifying sales for export and pays tax under
section 4681 on an additional 35,000 pounds of exported CFC-11. The remainder
of E's production is not exported.
(ii) Limit on tax benefit. E's 1993 exemption amount is $167,500, (50%
of $335,000 (the tax that would otherwise be imposed on 100,000 pounds of CFC-
11 in 1993)). The credit or refund allowed to E under paragraph (f) of this
section is limited under paragraph (f)(2) of this section to the amount by
which E's 1993 exemption amount exceeds E's 1993 tax benefit under paragraph
(b) of this section.
(iii) Application of limit on tax benefit. Because E sold 45,000 pounds
of CFC-11 tax free in qualifying sales for export in 1993, E's 1993 tax
benefit under paragraph (b) of this section is $150,750 ($3.35 x 45,000).
Thus, the credit or refund allowed to E under paragraph (f) of this section is
limited to $16,750 ($167,500 - $150,750).
Example 3. (i) Facts. F, a corporation, manufactures CFC-11, a post-
1989 ODC, and does not manufacture any other ODCs. F also imports CFC-11. In
1993, F manufactures 60,000 pounds of CFC-11 (100,000 pounds is the maximum
quantity F is allowed to manufacture in 1993 under EPA regulations) and
imports 40,000 pounds. F has no additional production allowance from EPA for
1993. In 1993, the tax on CFC-11 is $3.35 per pound. F's 1986 export
percentage for post-1989 ODCs is 50%. In 1993, F sells 45,000 pounds of CFC-
11 tax free in qualifying sales for export and pays tax under section 4681 on
an additional 35,000 pounds of exported CFC-11. The remainder of F's
production is not exported.
(ii) Limit on tax benefit. F's 1993 exemption amount is $301,500,
($167,500 (50% of $335,000 (the tax that would otherwise be imposed on 100,000
pounds of CFC-11 in 1993) plus $134,000 (the tax that would otherwise be
imposed on the 40,000 pounds imported)). The credit or refund allowed to F
under paragraph (f) of this section is limited under paragraph (f)(2) of this
section to the amount by which F's 1993 exemption amount exceeds F's 1993 tax
benefit under paragraph (b) of this section.
(iii) Application of limit on tax benefit. Because F sold 45,000 pounds
of CFC-11 tax free in qualifying sales for export in 1993, F's 1993 tax
benefit under paragraph (b) of this section is $150,750 ($3.35 x 45,000).
Thus, the credit or refund allowed to F under paragraph (f) of this section is
limited to $150,750 ($301,500 - $150,750). The limitation does not affect F's
credit or refund because the tax F paid on exported ODCs is only $117,250
($3.35 x 35,000).
(h) Effective date. This section is effective January 1, 1993.
PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
Par. 8. The authority citation for part 602 continues to read as
follows:
Authority: 26 U.S.C. 7805.
Par. 9. In 602.101, paragraph (c) is amended by revising the entries
for 52.4682-2(b) and 52.4682-2(d) and adding entries in numerical order to the
table to read as follows: 602.601 OMB Control numbers.
* * * * *
(c) * * *
CFR part or section where Current OMB
identified and described control No. * * * * *
52.4682-2(b)...................................1545-1153
1545-1361
52.4682-2(d)...................................1545-1153
1545-1361
* * * * *
52.4682-5(d)...................................1545-1361
52.4682-5(f)...................................1545-1361
* * * * *
Margaret Milner Richardson
Commissioner of Internal Revenue
Approved: August 31, 1995
Cynthia G. Beerbower
Deputy Assistant Secretary of the Treasury