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7 U.S.C. § 618 — Existing contracts; imposition of tax on vendee; collection
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If (1) any processor, jobber, or wholesaler has, prior to the date a tax with respect to any commodity is first imposed under this chapter, made a bona fide contract of sale for delivery on or after such date, of any article processed wholly or in chief value from such commodity, and if (2) such contract does not permit the addition to the amount to be paid thereunder of the whole of such tax, then (unless the contract prohibits such addition) the vendee shall pay so much of the tax as is not permitted to be added to the contract price.
**(b)** Taxes payable by the vendee shall be paid to the vendor at the time the sale is consummated and shall be collected and paid to the United States by the vendor in the same manner as other taxes under this chapter. In case of failure or refusal by the vendee to pay such taxes to the vendor, the vendor shall report the facts to the Commissioner of Internal Revenue who shall cause collections of such taxes to be made from the vendee.
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Stable record: federal_law:legal_authorities:record_usc_b2552276c22e8195c132c57e
Source file: Laws/federal/codes/united-states-code/title-7/section-618-existing-contracts-imposition-of-tax-on-vendee-collection--23691cbba8.md
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Source location: Title 7, Chapter 26, § 618; chapter-026-agricultural-adjustment.md
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**(a)** If (1) any processor, jobber, or wholesaler has, prior to the date a tax with respect to any commodity is first imposed under this chapter, made a bona fide contract of sale for delivery on or after such date, of any article processed wholly or in chief value from such commodity, and if (2) such contract does not permit the addition to the amount to be paid thereunder of the whole of such tax, then (unless the contract prohibits such addition) the vendee shall pay so much of the tax as is not permitted to be added to the contract price.
**(b)** Taxes payable by the vendee shall be paid to the vendor at the time the sale is consummated and shall be collected and paid to the United States by the vendor in the same manner as other taxes under this chapter. In case of failure or refusal by the vendee to pay such taxes to the vendor, the vendor shall report the facts to the Commissioner of Internal Revenue who shall cause collections of such taxes to be made from the vendee.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon the sale or other disposition of any article processed wholly or in chief value from any commodity with respect to which a processing tax is to be levied, that on the date the tax first takes effect or wholly terminates with respect to the commodity, is held for sale or other disposition (including articles in transit) by any person, there shall be made a tax adjustment as follows:
(1) Whenever the processing tax first takes effect, there shall be levied, assessed, and collected a tax to be paid by such person equivalent to the amount of the processing tax which would be payable with respect to the commodity from which processed if the processing had occurred on such date. Such tax upon articles imported prior to, but in customs custody or control on, the effective date, shall be paid prior to release therefrom. In the case of sugar, the tax on floor stocks, except the retail stocks of persons engaged in retail trade, shall be paid for the month in which the stocks are sold, or used in the manufacture of other articles, under rules and regulations prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury.
(2) Whenever the processing tax is wholly terminated, (A) there shall be refunded or credited in the case of a person holding such stocks with respect to which a tax under this chapter has been paid, or (B) there shall be credited or abated in the case of a person holding such stocks with respect to which a tax under this chapter is payable, where such person is the processor liable for the payment of such tax, or (C) there shall be refunded or credited (but not before the tax has been paid) in the case of a person holding such stocks with respect to which a tax under this chapter is payable, where such person
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person, circumstance, or commodity is held invalid the validity of the remainder of this chapter and the applicability thereof to other persons, circumstances, or commodities shall not be affected thereby.
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Federal law — U.S. Code and appendices · legal_authorities
Page 506
TITLE 7—AGRICULTURE
§ 617
such Department, transferred, with certain exceptions,
to Secretary of the Treasury, with power vested in him
to authorize their performance or performance of any
of his functions, by any of such officers, agencies, and
employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appen-
dix to Title 5, Government Organization and Employ-
ees. Commissioner of Internal Revenue, referred to in
this section, is an officer of Department of the Treas-
ury.
§ 617. Refund on goods exported; bond to sus-
pend tax on commodity intended for export
(a) Upon the exportation to any foreign coun-
try (and/or to the Virgin Islands, American
Samoa, the Canal Zone, and the island of Guam)
of any product processed wholly or partly from
a commodity with respect to which product or
commodity a tax has been paid or is payable
under this chapter, the tax due and payable or
due and paid shall be credited or refunded.
Under regulations prescribed by the Commis-
sioner of Internal Revenue, with the approval of
the Secretary of the Treasury, the credit or re-
fund shall be allowed to the consignor named in
the bill of lading under which the product is ex-
ported or to the shipper or to the person liable
for the tax provided the consignor waives any
claim thereto in favor of such shipper or person
liable for the tax. In the case of rice, a tax due
under this chapter which has been paid by a tax-
payment warrant shall be deemed for the pur-
poses of this subsection to have been paid; and
with respect to any refund authorized under this
section, the amount scheduled by the Commis-
sioner of Internal Revenue for refunding shall be
paid, any provision of law notwithstanding. In
the case of su
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 618
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