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<blockquote data-quote="reesecuppers" data-source="post: 79430" data-attributes="member: 7648"><p>Itemizing invoices won't work since sevices related to the sale of the device are considered part of the sale price. </p><p></p><p>Sale price:</p><p>The tax imposed under section 4191 is based on the price for which a taxable medical device is sold. Under section 48.4216(a)-1(a),the price for which a taxable article is sold includes the total consideration paid for the device, whether that consideration is in the form of money, services, or other things.</p><p><a href="http://www.irs.gov/pub/newsroom/reg-113770-10.pdf" target="_blank">http://www.irs.gov/pub/newsroom/reg-113770-10.pdf</a></p><p></p><p>Also, charging less than a "fair market" price will result in them calculating what you owe based on a "constructive sale price rather than the actual sales price."</p><p></p><p>The basic sale price rules assume that the manufacturer sells the taxable article in an arm’s length transaction (that is, in a transaction between two unrelated parties) to a wholesale distributor that then sells the taxable article to a retailer that resells to consumers. However, if a manufacturer sells a taxable article other than to a wholesale distributor or at less than a fair market arm’s length price, the taxable sale price is determined on a constructive sale price rather than the actual sale price. The constructive sale price rules are set forth in section 4216(b),in §48.4216(b)-1, §48.4216(b)-2, §48.4216(b)-3, and §48.4216(b)-4 of the regulations, and in numerous revenue rulings.</p><p></p><p>Our only hope is to elect Mitt Romney and get this insane legislation repealed, or hope that nobody will notice the 2.3% tacked on the full price of their bill.</p></blockquote><p></p>
[QUOTE="reesecuppers, post: 79430, member: 7648"] Itemizing invoices won't work since sevices related to the sale of the device are considered part of the sale price. Sale price: The tax imposed under section 4191 is based on the price for which a taxable medical device is sold. Under section 48.4216(a)-1(a),the price for which a taxable article is sold includes the total consideration paid for the device, whether that consideration is in the form of money, services, or other things. [url]http://www.irs.gov/pub/newsroom/reg-113770-10.pdf[/url] Also, charging less than a "fair market" price will result in them calculating what you owe based on a "constructive sale price rather than the actual sales price." The basic sale price rules assume that the manufacturer sells the taxable article in an arm’s length transaction (that is, in a transaction between two unrelated parties) to a wholesale distributor that then sells the taxable article to a retailer that resells to consumers. However, if a manufacturer sells a taxable article other than to a wholesale distributor or at less than a fair market arm’s length price, the taxable sale price is determined on a constructive sale price rather than the actual sale price. The constructive sale price rules are set forth in section 4216(b),in §48.4216(b)-1, §48.4216(b)-2, §48.4216(b)-3, and §48.4216(b)-4 of the regulations, and in numerous revenue rulings. Our only hope is to elect Mitt Romney and get this insane legislation repealed, or hope that nobody will notice the 2.3% tacked on the full price of their bill. [/QUOTE]
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