Reg. § 48.4191-1 Imposition and rate of tax.
(a) Imposition of tax Under section , 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 .
(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 and through .
(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 . For rules relating to the determination of who the manufacturer, producer, or importer is for purposes of section , see . For the definition of the term sale, see . For rules relating to the lease of an article by the manufacturer, producer, or importer, see section and through . For rules relating to the use of an article by the manufacturer, producer, or importer, see section and through .
(d) Procedural rules For the procedural rules relating to section , 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 and through .
(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 . 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 .
(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]