- 57 - Section 1.954-3(a)(4)(iii), Income Tax Regs., provides: (iii) Manufacture of a product when purchased com- ponents constitute part of the property sold. If pur- chased property is used as a component part of personal property which is sold, the sale of the property will be treated as the sale of a manufactured product, rath- er than the sale of component parts, if the operations conducted by the selling corporation in connection with the property purchased and sold are substantial in na- ture and are generally considered to constitute the manufacture, production, or construction of property. Without limiting this substantive test, which is depen- dent on the facts and circumstances of each case, the operations of the selling corporation in connection with the use of the purchased property as a component part of the personal property which is sold will be considered to constitute the manufacture of a product if in connection with such property conversion costs (direct labor and factory burden) of such corporation account for 20 percent or more of the total cost of goods sold. In no event, however, will packaging, repackaging, labeling, or minor assembly operations constitute the manufacture, production, or construction of property for purposes of section 954(d)(1). The ap- plication of this subdivision may be illustrated by the following examples: Example (1). Controlled foreign corporation A, incorporated under the laws of foreign country X, sells industrial engines for use, consumption, and disposi- tion outside country X. Corporation A, in connection with the assembly of such engines, performs machining and assembly operations. In addition, A Corporation purchases, from related and unrelated persons, com- ponents manufactured in foreign country Y. On a per unit basis, A Corporation's selling price and costs of such engines are as follows: Selling price.................................. $400 Cost of goods sold: Material-- Acquired from related persons........................ $100 Acquired from others............. 40 Total material.................... $140Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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