delivery sale
Defined in 4 places across 4 titles of the United States Code.
For purposes of subparagraph (A), the term “delivery sale” means any sale of a tobacco product to a consumer if—
(i) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made, or
(ii) the tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the tobacco product.
Source
- 201326 U.S.C. § 5761Internal Revenue Code · Civil penalties · in this title
For purposes of subparagraph (A), the term "delivery sale" means any sale of a tobacco product to a consumer if—
(i) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made, or
(ii) the tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the tobacco product.
The penalties imposed by subsections (b) and (c) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6665(a).
For penalty for failure to make deposits or for overstatement of deposits, see section 6656.
Source
- 2006–present26 U.S.C. § 5761Internal Revenue Code · Civil penalties · in this title
In this section, the term “delivery sale” means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if—
(1) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or
(2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco.
Source
- 2006–present18 U.S.C. § 2343Crimes and Criminal Procedure · Recordkeeping, reporting, and inspection · in this section
The term “delivery sale” means any sale of cigarettes or a smokeless tobacco product to a consumer if—
(A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
(B) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.
Source
- 2006–present19 U.S.C. § 1681Customs Duties · Definitions · in this subtitle
The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if—
(A) the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
(B) the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco.
Source
- 2010–present15 U.S.C. § 375Commerce and Trade · Definitions · as used in this chapter