Law Summary
Imposition of Compensating Tax on Resale of Tax-Free Luxury Articles
- Section 190 of the National Internal Revenue Code is amended by adding provisions concerning luxury articles originally brought or imported tax-free.
- Subsequent sale or transfer to non-exempt private entities triggers the imposition of a compensating tax.
- The compensating tax bases on the market value and is payable by the purchaser within 30 days of sale or transfer.
- Failure to pay within this period incurs a 25% increase, which forms part of the tax.
- The tax creates a superior lien on the article for five years in favor of the government if the possessor acquired it with actual or constructive knowledge of its tax-free status.
- When lien enforcement is impossible, the original exempt vendor becomes liable for the compensating tax.
Effective Date of the Amendment
- The law became effective immediately upon approval on June 16, 1956.