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§ 53.173 - Price readjustments causing overpayments of manufacturers tax.

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In the case of any payment of tax under chapter 32 of the Code that is determined to be an overpayment by reason of a price readjustment within the meaning of section 6416(b)(1) of the Code and § 53.174 or § 53.175, the person who paid the tax may file a claim for refund of the overpayment or may claim credit for the overpayment on any return of tax under this subpart which the person subsequently files. Price readjustments may not be anticipated. However, if the readjustment has actually been made before the return is filed for the period in which the sale was made, the tax to be reported in respect of the sale may, at the election of the taxpayer, be based either:

On the price as so readjusted, or

On the original sale price and a credit or refund claimed in respect of the price readjustment.

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§ 53.173 - Price readjustments causing overpayments of manufacturers tax.