DFARS 252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements

Solicitation provision Defense Federal Acquisition Regulation Supplement Oct 2022 version

Facts

Citation
DFARS 252.229-7014
Type
Solicitation provision
Current version
October 2022
Prescribed in
DFARS 229.402-70(k)
Supplements
FAR Subpart 52.2 Text of Provisions and Clauses
Last amended
87 FR 65515 Effective Oct 28, 2022
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this solicitation provision.

Text

As prescribed in 229.402-70(k), use the following clause:

FULL EXEMPTION FROM TWO-PERCENT EXCISE TAX ON CERTAIN FOREIGN PROCUREMENTS (OCT 2022)

(a) As the Contractor represented in its offer, any item, including any item delivered under subcontract; any service; or any combination thereof delivered under this contract is fully exempt from the 2-percent excise tax withholding imposed by 26 U.S.C. 5000C and implemented by Federal Acquisition Regulation (FAR) 52.229-12, Tax on Certain Foreign Procurements.

(b) If the full exemption no longer applies due to a change in circumstances during the performance of the contract, causing the Contractor to become subject to the withholding for the 2-percent excise tax as imposed by 26 U.S.C. 5000C, then the Contractor shall immediately comply with the notification and billing requirements of FAR clause 52.229-12.

(End of clause)

Federal Register history

Quick answers

What is DFARS 252.229-7014?

DFARS 252.229-7014 is a solicitation provision of the Defense Federal Acquisition Regulation Supplement, titled "Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements".

What is the current version of DFARS 252.229-7014?

The current version is dated October 2022.

Where is DFARS 252.229-7014 prescribed?

It is prescribed in DFARS 229.402-70(k), Additional provisions and clauses.

When was DFARS 252.229-7014 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Reporting Tax Information on Certain Foreign Procurements (DFARS Case 2021-D029)" (87 FR 65515), published Oct 28, 2022 and effective Oct 28, 2022.

Are changes to DFARS 252.229-7014 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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