Treasury Regulations (26 C.F.R.)
26 CFR § 48.4191-1
Imposition and rate of tax.
# (a) Imposition of tax.
Under section 4191(a), tax is imposed on the sale of any taxable medical device by the manufacturer, producer, or importer of the device. For the definition of the term taxable medical device, see § 48.4191-2.
# (b) Rate of tax.
Tax is imposed on the sale of a taxable medical device at the rate of 2.3 percent of the price for which the device is sold. For the definition of the term price, see section 4216 and §§ 48.4216(a)-1 through 48.4216(e)-3.
# (c) Liability for tax.
The manufacturer, producer, or importer making the sale of a taxable medical device is liable for the tax imposed by section 4191(a). For rules relating to the determination of who the manufacturer, producer, or importer is for purposes of section 4191, see § 48.0-2(a)(4). For the definition of the term sale, see § 48.0-2(a)(5). For rules relating to the lease of an article by the manufacturer, producer, or importer, see section 4217 and § 48.4217-1 through § 48.4217-2. For rules relating to the use of an article by the manufacturer, producer, or importer, see section 4218 and § 48.4218-1 through § 48.4218-5.
# (d) Procedural rules.
For the procedural rules relating to section 4191, see part 40 of this chapter.
# (e) Tax-free sales for further manufacture or export.
For rules relating to tax-free sales of taxable medical devices for further manufacture or export, see section 4221 and § 48.4221-1 through § 48.4221-3.
# (f) Payments made on or after January 1, 2013, pursuant to lease, installment sale, or sale on credit contracts.
For rules relating to the taxability of payments made on or after January 1, 2013, pursuant to a lease, installment sale, or sale on credit contract entered into on or after March 30, 2010, see § 48.4216(c)-1(e)(1). For rules relating to the taxability of payments made on or after January 1, 2013, pursuant to a lease, installment sale, or sale on credit contract entered into before March 30, 2010, see § 48.4216(c)-1(e)(2).
# (g) Effective/applicability date.
This section applies to sales of taxable medical devices on and after January 1, 2013.
[T.D. 9604, 77 FR 72934, Dec. 7, 2012]
Source: view the official text
In this part (40 sections)
- 48.4082-6 · Kerosene; exemption for aviation-grade kerosene.
- 48.4082-7 · Kerosene; exemption for feedstock purposes.
- 48.4083-1 · Taxable fuel; administrative authority.
- 48.4091-3 · [Reserved]
- 48.4101-1 · Taxable fuel; registration.
- 48.4101-2 · Information reporting.
- 48.4102-1 · Inspection of records by State or local tax officers.
- 48.4121-1 · Imposition and rate of tax on coal.
- 48.4161(a) · (a) [Reserved]
- 48.4161(a)-1 · (a)-1 Imposition and rate of tax; fishing equipment.
- 48.4161(a)-2 · (a)-2 Meaning of terms.
- 48.4161(a)-3 · (a)-3 Parts and accessories.
- 48.4161(a)-4 · (a)-4 Use considered sale.
- 48.4161(a)-5 · (a)-5 Tax-free sales.
- 48.4161(b) · (b) [Reserved]
- 48.4161(b)-1 · (b)-1 Imposition and rates of tax; bows and arrows.
- 48.4161(b)-2 · (b)-2 Meaning of terms.
- 48.4161(b)-3 · (b)-3 Use considered sale.
- 48.4161(b)-4 · (b)-4 Tax-free sales.
- 48.4161(b)-5 · (b)-5 Effective date.
- 48.4191-1 · Imposition and rate of tax.
- 48.4191-2 · Taxable medical device.
- 48.4216(a)-1 · (a)-1 Charges to be included in sale price.
- 48.4216(a)-2 · (a)-2 Exclusions from sale price.
- 48.4216(a)-3 · (a)-3 Other items relating to tax on sale price.
- 48.4216(b)-1 · (b)-1 Constructive sale price; scope and application.
- 48.4216(b)-2 · (b)-2 Constructive sale price; basic rules.
- 48.4216(b)-3 · (b)-3 Constructive sale price; special rule for…
- 48.4216(b)-4 · (b)-4 Constructive sale price; affiliated corporations.
- 48.4216(c)-1 · (c)-1 Computation of tax on leases and installment sales.
- 48.4216(d)-1 · (d)-1 Sales of installment accounts.
- 48.4216(e)-1 · (e)-1 Exclusion of local advertising charges from sale…
- 48.4216(e)-2 · (e)-2 Limitation on aggregate of exclusions and price…
- 48.4216(e)-3 · (e)-3 No exclusion or readjustment for other advertising…
- 48.4216(f)-1 · (f)-1 Value of used components excluded from price of…
- 48.4217-1 · Lease considered as sale.
- 48.4217-2 · Limitation on amount of tax applicable to certain leases.
- 48.4218-1 · Tax on use by manufacturer, producer, or importer.
- 48.4218-2 · Business or personal use of articles.
- 48.4218-3 · Events subsequent to taxable use of article.