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SUBPART C.-FIREARMS TAX RULINGS AND DECISIONS UNDER CHAPTER 53 OF THE INTERNAL REVENUE CODE OF 1954 AND THE FEDERAL FIREARMS ACT

CHAPTER 53.—MACHINE GUNS AND CERTAIN
OTHER FIREARMS

SUBCHAPTER A.-TAXES

PART II.-TRANSFER TAX

SECTION 5812.-EXEMPTIONS

26 CFR 179.105: Notice of exemption and

transfer.

T.D. 6905 1

TITLE 26-INTERNAL REVENUE.—CHAPTER I, SUBCHAPTER E, PART 179.MACHINE GUNS AND CERTAIN OTHER FIREARMS

Notice of exemption and transfer of firearms

DEPARTMENT OF THE TREASURY,

OFFICE OF COMMISSIONER OF INTERNAL REVENUE.

Washington, D.C. 20224

To Officers and Employees of the Internal Revenue Service and Others Concerned:

On November 8, 1966, a notice of proposed rule making to amend 26 CFR Part 179 was published in the Federal Register (31 F.R. 14359). In accordance with the notice, interested persons were afforded an opportunity to submit written comments or suggestions pertaining thereto. No comments or suggestions were received within the 30-day period prescribed in the notice, and the amendments as proposed are hereby adopted.

In order to establish that a reported tax-exempt transfer of a firearm coming within the purview of the National Firearms Act (ch. 53 of the Internal Revenue Code of 1954) has been accomplished, section 179.105 of 26 CFR Part 179 is amended to read as follows:

$179.105 NOTICE OF EXEMPTION AND TRANSFER.-Where a transfer is claimed to be exempt from tax under section 5812 I.R.C., as implemented by §§ 179.104, 179.104a, and 179.104b, a notice of exemption and transfer must be immediately executed by the transferor in triplicate on Form 5 (Firearms), and the original forwarded to the Director, Alcohol and Tobacco Tax Division, Internal Revenue Service, Washington, D.C. 20224, the duplicate retained by the transferor, and the triplicate furnished to the transferee. The notice must show the name and address of the transferor and transferee, a description of the firearm, the date of the transfer, the basis of the exemption claimed, and any other evidence which the Director, Alcohol and

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Tobacco Tax Division, may require. In addition, the transferor must establish that the transferee has received the firearm. Acceptable proof of receipt of a firearm may be in the form of a document such as a bill of lading showing shipment of the firearm to the transferee, or a signed statement by the transferee, or by a responsible officer or official on behalf of the transferee, acknowledging receip of the firearm. Any document evidencing receipt of the firearm by the transferee must be securely affixed to the original Form 5 (Firearms) furnished to the Director, Alcohol and Tobacco Tax Division. This Treasury decision shall become effective on the first day of the first month which begins not less than 30 days after the date of its publication in the Federal Register.

(This Treasury decision is issued under authority contained in section 7805 of the Internal Revenue Code (68A Stat. 917; 26 U.S.C 7805).)

SHELDON S. COHEN, Commissioner of Internal Revenue.

Approved December 22, 1966.

STANLEY S. SURREY,

Assistant Secretary of the Treasury.

(Filed by the Office of the Federal Register on Dec. 28, 1966, 8:49 a.m., and published in the issue of the Federal Register for Dec. 29, 1966, 31 F.R. 16616)

PART IV

LEGISLATION AND TREATIES

TABLE OF CONTENTS

SUBPART A.-TAX CONVENTIONS

United States-Belgium Supplementary Income Tax Protocol_-
United States-Swiss Confederation

(Rev. Rul. 67–143) -

SUBPART B.-LEGISLATION

421

Income Tax Convention

425

Public Law 90-11 (S. 1177).

(419)

427

PART IV

LEGISLATION AND TREATIES

SUBPART A.-TAX CONVENTIONS

UNITED STATES-BELGIUM SUPPLEMENTARY INCOME TAX PROTOCOL1

A protocol between the United States and Belgium for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, modifies and supplements the United States-Belgium tax convention of October 28, 1948, C.B. 1954-2, 626, as amended by the supplementary convention of September 9, 1952 (incorporated in the convention published in C.B. 1954-2, 626) and the supplementary convention of August 22, 1957, C.B. 1960-1, 739. The protocol was signed at Brussels on May 21, 1965. Ratification was advised by the Senate of the United States on October 22, 1965. It was ratified by the President on November 22, 1965, and by Belgium on July 29, 1966. The instruments of ratification were exchanged at Washington, D.C., on August 29, 1966. The protocol was proclaimed by the President on September 2, 1966, and entered into force on August 29, 1966.

The official text of the protocol is contained in the pamphlet of the Treaties and Other International Act Series (TIAS) designated as TLAS 6073. The English text of the protocol follows:

ARTICLE I

The provisions of the Convention between the United States of America and Belgium, signed at Washington on October 28, 1948, as previously amended, are Lereby modified and supplemented as follows:

(1) In Article I, paragraph (1) (b) is replaced by the following:

(b) In the case of Belgium:

(i) The individual income tax (l'impôt des personnes physiques); (ii) The corporate income tax (l'impôt des sociétés);

(iii) The income tax on legal entities (l'impôt des personnes morales); (iv) The income tax on nonresidents (l'impôts des nonrésidents); (v) The prepayments (précomptes) and additional prepayments (compléments de précomptes) relating to the taxes referred to in (i) through (iv) ; and

(vi) The proportional taxes (centimes additionnels) supplementing each of the taxes referred to in (i) through (v) above including the communal supplement to the individual income tax (taxe communale additionnelle à l'impôt des personnes physiques).

(2) In Article II (1) (a), the following words are deleted: ", the Territories of Alaska and of Hawaii,”.

• Senate Executive Report No. 7, C.B. 1966-1, 543.

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