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Electronic Code of Federal Regulations

e-CFR data is current as of February 25, 2020

Title 29Subtitle BChapter VSubchapter BPart 794Subpart B → §794.121


Title 29: Labor
PART 794—PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK PETROLEUM DISTRIBUTORS UNDER SECTION 7(b)(3) OF THE FAIR LABOR STANDARDS ACT
Subpart B—Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act


§794.121   Exclusion of excise taxes.

The computation of the annual gross volume of sales of the enterprise for purposes of section 7(b)(3) is made “exclusive of excise taxes.” It will be noted that the excise taxes excludable under section 7(b)(3) are not, like those referred to in section 3(s)(1) and section 13(a)(2), limited to those “at the retail level which are separately stated.” Under section 7(b)(3), therefore, all excise taxes which are included in the sales price may be excluded in computing the annual gross volume of the enterprise.

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