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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart C  

Employment to Which the Act May Apply; Enterprise Coverage


29 CFR 779.263 - Excise taxes not at the retail level.

  • Section Number: 779.263
  • Section Name: Excise taxes not at the retail level.

    There are also a wide variety of taxes levied at the manufacturer's 
or distributor's level and not at the retail level. It should be noted, 
however, that the circumstances surrounding the levying and collection 
of taxes must be carefully considered. The facts concerning the levying 
and collection of Federal excise taxes on alcoholic beverages and 
tobacco reflect that such taxes are upon the manufacture of these 
products and that they are neither levied nor collected at the retail 
level and thus are not excludable. However, in some cases the 
circumstances may reflect that despite the fact that such taxes may be 
levied upon the manufacturer or distributor, nevertheless they may be, 
in practical operation, taxes at the retail level and may be so regarded 
for the purpose of this provision.
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