FET on New Replacement Truck Bodies

Originally published in the February 2015 edition of Tech Trends (e-newsletter and as an article within NTEA News), this article is also available to you below as an employee of an NTEA member company.

Each month, the NTEA’s staff engineers field questions about Federal Excise Tax (FET) on “replacement” bodies. Some members are unsure as to whether or not to charge tax, believing that because they are installing a new body on a used chassis, the body is a replacement part or accessory and, therefore, not subject to tax. This is not true, though, as bodies are considered separate primary taxable articles by the Internal Revenue Service (IRS). If a body is new and taxable based on the IRS’s “suitable for use” rules, the seller is responsible for collecting and turning in the tax to the IRS.

Helpful Information
Following are details on the five primary taxable items under FET rules for heavy-duty trucks.

  • Based on IRS rules, a truck is considered two separate items — a truck chassis and a truck body. Each can be taxable or non-taxable independent of each other, even when joined together to make a truck.
  • A trailer is considered two separate items — a trailer chassis and a trailer body — by IRS rules. Again, each can be taxable or non-taxable independent of each other, even when joined together to make a semi-trailer.
  • A truck-tractor is the final primary taxable article based on IRS rules for GVWR, gross combined weight rating and primary design.
  • A new truck body or trailer body will not meet the “75% rule” for further manufacturing because it is a new body.

As with many FET issues, the answers are fact-specific to the particular truck and application. NTEA’s Technical Services Department is always available to help with your FET questions.

Resources Available from the NTEA

Excise Tax Enquirer Articles
Applying Federal ExciseTax - A General Overview

Are you faced with technical or engineering challenges?
Contact the Technical and Engineering Hotline at (800) 441-6832 for individual attention on varied topics such as Federal Excise Tax, truck certification and labeling, vehicle compliance and truck spec’ing. The Hotline is available Monday-Friday, 8am-5pm (EST). Members can contact the Association as frequently as needed.