Title 26 — Internal Revenue CodeRelease 119-73not60
§4052 Definitions and Special Rules
Title 26 › Subtitle Subtitle D— Miscellaneous Excise Taxes › Chapter 31— RETAIL EXCISE TAXES › Subchapter C— Heavy Trucks and Trailers › § 4052
Summary
Sets rules for when a sale counts as the first retail sale and how to figure the excise tax on certain articles. If someone uses an item before its first retail sale, that person must pay the tax as if they had sold it at retail, unless they used the item as material or a part to make another item. The tax is based on the retail price of similar items as the Treasury decides. Price includes charges to make the item ready to use but does not include the excise tax itself, separately stated state or local sales tax, or the value of used parts the first user provided. If a sale is not at arm’s length or is underpriced, tax is figured on usual retail prices. Long-term leases (one year or more) can be treated as a first retail sale; the tax there is based on the lessor’s purchase price plus installed parts and a presumed markup percentage set by the Treasury. If a manufacturer, producer, or importer (or a closely related company) is liable for the tax, the tax can include that presumed markup. Repairs or changes do not count as making a new article when the repair cost is 75 percent or less of a comparable new item’s retail price, unless the repaired item would be taxable if new but the original item when new was not. The Treasury can make rules similar to other related tax rules, and buyers who are buying for resale or long-term lease may sign a sworn statement on the invoice instead of registering. Key terms (one line each): “First retail sale” — the first sale after production, manufacture, or import for any purpose except resale or long-term leasing. “Price” — the amount used to compute tax after adding or excluding the items above. “Long-term lease” — a lease lasting 1 year or more. “Presumed markup percentage” — the average retailer markup the Treasury sets. “Related person” — a closely connected company in the same controlled group. Items that do not by themselves make someone a manufacturer — added equipment like coupling devices, cranes and winches, loading/unloading gear, aerial ladders or towers, snow/ice control gear, earthmoving or construction equipment, spreaders, sleeper cabs, cab shields, and wood or metal floors.
Full Legal Text
Title 26, §4052
Internal Revenue Code — Source: USLM XML via OLRC
(a)For purposes of this subchapter—
(1)The term “first retail sale” means the first sale, for a purpose other than for resale or leasing in a long-term lease, after production, manufacture, or importation.
(2)Rules similar to the rules of section 4217 shall apply.
(3)(A)If any person uses an article taxable under section 4051 before the first retail sale of such article, then such person shall be liable for tax under section 4051 in the same manner as if such article were sold at retail by him.
(B)Subparagraph (A) shall not apply to use of an article as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him.
(C)In the case of any person made liable for tax by subparagraph (A), the tax shall be computed on the price at which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary.
(b)(1)In determining price for purposes of this subchapter—
(A)there shall be included any charge incident to placing the article in condition ready for use,
(B)there shall be excluded—
(i)the amount of the tax imposed by this subchapter,
(ii)if stated as a separate charge, the amount of any retail sales tax imposed by any State or political subdivision thereof or the District of Columbia, whether the liability for such tax is imposed on the vendor or vendee, and
(iii)the value of any component of such article if—
(I)such component is furnished by the first user of such article, and
(II)such component has been used before such furnishing, and
(C)the price shall be determined without regard to any trade-in.
(2)In the case of any article sold (otherwise than through an arm’s-length transaction) at less than the fair market price, the tax under this subchapter shall be computed on the price for which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary.
(3)(A)In the case of any long-term lease of an article which is treated as the first retail sale of such article, the tax under this subchapter shall be computed on a price equal to—
(i)the sum of—
(I)the price (determined under this subchapter but without regard to paragraph (4)) at which such article was sold to the lessor, and
(II)the cost of any parts and accessories installed by the lessor on such article before the first use by the lessee or leased in connection with such long-term lease, plus
(ii)an amount equal to the presumed markup percentage of the sum described in clause (i).
(B)For purposes of subparagraph (A), the term “presumed markup percentage” means the average markup percentage of retailers of articles of the type involved, as determined by the Secretary.
(C)To the extent provided in regulations prescribed by the Secretary, subparagraph (A) shall not apply to specified types of leases where its application is not necessary to carry out the purposes of this subsection.
(4)(A)In any case where the manufacturer, producer, or importer of any article (or a related person) is liable for tax imposed by this subchapter with respect to such article, the tax under this subchapter shall be computed on a price equal to the sum of—
(i)the price which would (but for this paragraph) be determined under this subchapter, plus
(ii)the product of the price referred to in clause (i) and the presumed markup percentage determined under paragraph (3)(B).
(B)For purposes of this paragraph—
(i)Except as provided in clause (ii), the term “related person” means any person who is a member of the same controlled group (within the meaning of section 5061(e)(3)) as the manufacturer, producer, or importer.
(ii)To the extent provided in regulations prescribed by the Secretary, a person shall not be treated as a related person with respect to the sale of any article if such article is sold through a permanent retail establishment in the normal course of the trade or business of being a retailer.
(c)(1)For purposes of this subchapter (other than subsection (a)(3)(B)), a person shall not be treated as engaged in the manufacture of any article by reason of merely combining such article with any item listed in paragraph (2).
(2)The items listed in this paragraph are any coupling device (including any fifth wheel), wrecker crane, loading and unloading equipment (including any crane, hoist, winch, or power liftgate), aerial ladder or tower, snow and ice control equipment, earthmoving, excavation and construction equipment, spreader, sleeper cab, cab shield, or wood or metal floor.
(d)Under regulations prescribed by the Secretary, rules similar to the rules of subsections (c) and (d) of section 4216 (relating to partial payments) shall apply for purposes of this subchapter.
(e)For purposes of this section, the term “long-term lease” means any lease with a term of 1 year or more. In determining a lease term for purposes of the preceding sentence, the rules of section 168(i)(3)(A) shall apply.
(f)(1)An article described in section 4051(a)(1) shall not be treated as manufactured or produced solely by reason of repairs or modifications to the article (including any modification which changes the transportation function of the article or restores a wrecked article to a functional condition) if the cost of such repairs and modifications does not exceed 75 percent of the retail price of a comparable new article.
(2)Paragraph (1) shall not apply if the article (as repaired or modified) would, if new, be taxable under section 4051 and the article when new was not taxable under such section or the corresponding provision of prior law.
(g)The Secretary shall prescribe regulations which permit, in lieu of any other certification, persons who are purchasing articles taxable under this subchapter for resale or leasing in a long-term lease to execute a statement (made under penalties of perjury) on the sale invoice that such sale is for resale. The Secretary shall not impose any registration requirement as a condition of using such procedure.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 4052, act Aug. 16, 1954, ch. 736, 68A Stat. 479, provided that lease of an article would be considered the sale of article for excise tax purposes, prior to repeal by Pub. L. 94–455, title XIX, § 1904(a)(1)(D), Oct. 4, 1976, 90 Stat. 1811.
Amendments
1998—Subsec. (f)(2). Pub. L. 105–206 substituted “such section” for “this section”. 1997—Subsec. (b)(1)(B)(ii) to (iv). Pub. L. 105–34, § 1402(b), inserted “and” at end of cl. (ii), redesignated cl. (iv) as (iii), and struck out former cl. (iii) which read as follows: “the fair market value (including any tax imposed by section 4071) at retail of any tires (not including any metal rim or rim base), and”. Subsec. (d). Pub. L. 105–34, § 1434(b)(1), substituted “rules of subsections (c) and (d) of section 4216 (relating to partial payments) shall apply” for “rules of— “(1) subsections (c) and (d) of section 4216 (relating to partial payments), and “(2) section 4222 (relating to registration), shall apply”. Subsec. (e). Pub. L. 105–34, § 1434(a), redesignated subsec. (f) as (e). Subsec. (f). Pub. L. 105–34, § 1434(a), added subsec. (f). Former subsec. (f) redesignated (e). Subsec. (g). Pub. L. 105–34, § 1434(b)(2), added subsec. (g). 1988—Subsec. (a)(1). Pub. L. 100–647 substituted “production, manufacture” for “manufacture, production”. 1987—Subsec. (a)(1). Pub. L. 100–17, § 505(a), inserted “or leasing in a long-term lease” after “resale”. Subsec. (b)(3). Pub. L. 100–17, § 505(b), added par. (3). Subsec. (b)(4). Pub. L. 100–17, § 506(a), added par. (4). Subsec. (f). Pub. L. 100–17, § 505(c), added subsec. (f). 1984—Subsec. (b)(1)(B)(iv). Pub. L. 98–369, § 731, added cl. (iv). Subsec. (c). Pub. L. 98–369, § 735(b)(2), in amending subsec. (c) generally, designated existing provisions as par. (1), in par. (1) as so designated substituted “by reason of merely combining such article with any article listed in paragraph (2)” for “with any equipment or other item listed in section 4063(d)”, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.
Effective Date
of 1997 AmendmentAmendment by section 1402(b) of Pub. L. 105–34 effective Jan. 1, 1998, see section 1402(c) of Pub. L. 105–34, set out as a note under section 4051 of this title. Pub. L. 105–34, title XIV, § 1434(c), Aug. 5, 1997, 111 Stat. 1052, provided that: “The
Amendments
made by this section [amending this section] shall take effect on January 1, 1998.”
Effective Date
of 1988 Amendment Pub. L. 100–647, title VI, § 6111(b), Nov. 10, 1988, 102 Stat. 3713, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 1988.”
Effective Date
of 1987 Amendment Pub. L. 100–17, title V, § 505(d), Apr. 2, 1987, 101 Stat. 259, provided that: “The
Amendments
made by this section [amending this section] shall apply with respect to articles sold by the manufacturer, producer, or importer on or after the first day of the first calendar quarter which begins more than 90 days after the date of the enactment of this Act [Apr. 2, 1987].” Pub. L. 100–17, title V, § 506(b), Apr. 2, 1987, 101 Stat. 259, provided that: “The amendment made by this section [amending this section] shall apply with respect to articles sold by the manufacturer, producer, or importer on or after the 1st day of the 1st calendar quarter which begins more than 90 days after the date of the enactment of this Act [Apr. 2, 1987].”
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–369 effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of Pub. L. 97–424, to which such amendment relates, see section 736 of Pub. L. 98–369, set out as a note under section 4051 of this title.
Reference
Citations & Metadata
Citation
26 U.S.C. § 4052
Title 26 — Internal Revenue Code
Last Updated
Apr 5, 2026
Release point: 119-73not60