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lated by mutual agreement, the Board determines that any article or service for which exemption has been claimed by the contractor in the Application for Commercial Exemption is not an article or service to which the exemption applies, the Board will give written notice of such determination to the contractor and will advise the contractor that its sales of such article or service in the fiscal year under review are not exempt under section 106(e) of the act.
1467.61 Exemption not applicable to related subcontracts. The exemption provided in section 106(e) of the act is limited to prime contracts and subcontracts meeting the conditions prescribed in said subsection (e). The exemption is not derivative; it does not apply au
tomatically to any other subcontract merely because of its relation to a prime contract or higher-tier subcontract that is within the exemption. With respect to any such other subcontract, the exemption, if claimed, must be independently established. Section 106(a) (7) of the act, which exempts subcontracts under certain exempt prime contracts or subcontracts, does not apply to subcontracts under prime contracts or subcontracts exempted under section 106(e) of the act (see $ 1453.6 of this subchapter). Receipts or accruals of a broker or manufacturer's agent are not exempt under section 106(e) even though such amounts are referable to a prime contract or subcontract which is exempt thereunder (see $ 1490.6(f) of this subchapter)
Information Required of Contractors
ment setting forth such information as the Board may 1470.1 Scope of part.
by regulations prescribe as necessary to carry out this 1470.2 Statutory provision.
title. The Board may require any person who holds 1470.3 Filing of financial statement.
contracts or subcontracts to which the provisions of FORMS AND INSTRUCTIONS
this title are applicable (whether or not such person 1470.90 Standard Form of Contractor's Report.
has filed a financial statement under this paragraph) 1470.91 Statement of Non-Applicability of the Rene
to furnish any information, records, or data which are gotiation Act of 1951, as amended.
determined by the Board to be necessary to carry out 1470.92 Forms and instructions for filing renegotia
this title and which the Board specifically requests tion reports.
such person to furnish. Such information, records, or
data may not be required with respect to any fiscal AUTHORITY : Sections 1470.1 to 1470.92 issued under
year after the date on which all liabilities of such section 109, Pub, Law 9, 82d Cong. Interpret or apply
persons for excessive profits received or, accrued dursection 105, Pub. Law 9, 82d Cong.
ing such fiscal year are discharged. Any person who 1470.1 Scope of part.
This part deals with willfully fails or refuses to furnish any statement, inthe filing of financial statements requirerl of formation, records, or data required of him under contractors or elected to be filed by contractors,
this subsection, or who knowingly furnishes any
statement, information, records, or data pursuant to and other information.
this subsection containing information which is false 1470.2 Statutory provision. Section 105
or misleading in any material respect, shall, upon con(e)(1) of the act provides as follows:
viction thereof, be punished by a fine of not more than
$10,000 or imprisonment for not more than one year, or Furnishing of financial statements, etc.--Every per
both. (Matter in brackets deleted by Pub. Law 870, 84th son who holds contracts or subcontracts, to which the
Cong., approved August 1, 1956, which also added provisions of this title are applicable, shall, in such
matter in italics, applicable only to fiscal years ending form and detail as the Board may by regulations pre
after June 30, 1956.) scribe, file with the Board, on or before the first day of the fifth calendar month following the close of his fiscal 1470.3 Filing of financial statement.(a) year, a financial statement setting forth such informa- When renegotiable sales exceed statutory tion as the Board may by regulations prescribe as
"floor."-In accordance with the requirements necessary to carry out this title. (In addition to the
of the first sentence of section 105(e) (1) of the statement required under the preceding sentence, every such person shall at such time or times and in act, the "Standard Form of Contractor's Resuch form and detail as the Board may by regulations port” (as set forth in 8 1470.90) is hereby preprescribe, furnish the Board any information, records, scribed as the form of financial statement or data which are determined by the Board to be
required to be filed by every person who holds necessary to carry out this title. Any person who willfully fails or refuses to furnish any statement, infor
renegotiable prime contracts or subcontracts mation, records, or data required of him under this
when the aggregate renegotiable receipts or acsubsection, or who knowingly furnishes any such state cruals of such person and all other persons ment, information, records, or data containing infor- under control of or controlling or under commation which is false or misleading in any material
mon control with such person exceed the applirespect, shall, upon conviction thereof, be punished by a fine of not more than $10,000 or imprisonment for not
cable minimum amount for renegotiation more than one year, or both.] The preceding sentence prescribed in section 105 (f) (1) or (2) of the shall not apply to any such person with respect to a act. This includes brokers and manufacturers fiscal year if the aggregate of the amounts received or accrued under such contracts and subcontracts during
agents and others whose principal business falls such fiscal year by him, and all persons under control
within the definition of subcontracts set forth of or controlling or under common control with him, is in section 103(g)(3) of the act. (Next two not more than the applicable amount prescribed in sub
sentences removed to Appendix.) For fiscal section (f) (1) or (2) of this section; but any person to whom this sentence applies may, if he 80 elect8,
years ending after June 30, 1956, the Standard file with the Board for such fiscal year a financial state
Form of Contractor's Report is composed of
RB Form 1 only. See $ 1470.90(c). No special Form of Contractor's Report is required to be
who ending after June 30, 1956, every contractor holds renegotiable prime contracts or subcon- who is required to file a financial statement for tracts when the aggregate renegotiable receipts any such fiscal year shall file the Standard or accruals of such person and all other persons Form of Contractor's Report (RB Form 1 as under control of or controlling or under com- set forth in § 1470.90(c)) on or before the first mon control with such person do not exceed the day of the fifth calendar month following the applicable minimum amount for renegotiation close of such fiscal year, whether or not any prescribed in section 105(f) (1) or (2) of the specific request for filing has been made. Any act. (Next sentence removed to Appendix.) As contractor who is entitled to file the Statement set forth in § 1470.91 (b) of this subchapter, this of Non-Applicability for any such fiscal year, Statement may be filed by any such person, at and who elects so to do, shall file such statement his election, with respect to any fiscal year end- on or before the first day of the fifth calendar ing after June 30, 1956. When, but for the ex- month following the close of such fiscal year. emption for standard commercial articles pro- (3) When time to file income tax return has vided in section 106(e)(1)(A) of the act, a been extended.-Notwithstanding any other contractor would be required to file the Stand- provisions of this paragraph (d), if a contracard Form of Contractor's Report pursuant to tor is required to file the Standard Form of paragraph (a) of this section, such contractor Contractor's Report for a fiscal year, and the shall file a Report of Self-Exemption as pro- time of such contractor to file a Federal income vided in $ 1467.49 of this subchapter, unless tax return for such fiscal year shall have been exwithin the time provided therefor he files a tended by the Internal Revenue Service, such Statement of Non-Applicability pursuant to contractor shall not be required to file the this paragraph (b). If, thereafter, the Board re- Standard Form of Contractor's Report with requests the contractor to file a Supplemental Re- spect to such fiscal year until fifteen (15) days port of Self-Exemption, he shall file such report after the extended due date fixed in the docunot later than the date specified in such request. ment evidencing such extension of time, pro
(c) Sufficiency of contents. The Standard vided that a copy of such document is filed with
the Board on or before the date when, but for
(e) Filing rules.-General rules applicable to the time, place, and manner of filing the Standard Form of Contractor's Report and the State. ment of Non-Applicability are set forth in section 1472.6 of this subchapter.
(f) Availability of forms.—Copies of the
(g) Effect of filing.—The filing of a Stand-
tor to furnish any information, records, or data,
(h) Filing on a consolidated basis.-A group
FORMS AND INSTRUCTIONS
1470.90 Standard Form of Contractor's Report.—Copies of the Standard Form of Contractor's Report prescribed in 1470.3(a) may be obtained from the Board and the Regional Boards (see 88 1470.92 and 1472.6(d)(1) of this subchapter).
(a) For fiscal years ending before June 30, 1953.-Removed to Appendix.
(b) For fiscal year ending on or after June 30, 1953, but not later than June 30, 1956. Removed to Appendix.
7. ADJ. FROM BOOKS TO TAX BASIS
NET, ALLOCABLE IN WHOLE OR
BEFORE STATE INCOME TAXES
NET, ALLOCABLE WHOLLY TO NON-
a. Research & Development Expense
Sec. II, Segregation of Sales and Allocation of Costs and Expenses (Instruction II)
WE ATTACH A FULL DESCRIPTION OF THE METHODS USED IN: (a) Segregating sales between renegotiable and non-renegotiable, including the method of determining exempt sales and the amounts
thereof by type. (b) Allocating cost of goods sold and expenses between renegotiable and non-renegotiable business.