C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES › Subpart 31.2—Contracts With Commercial Organizations

48 C.F.R. § 31.205-41

31.205-41 Taxes.

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) The following types of costs are allowable:

(1) Federal, State, and local taxes (see part 29), except as otherwise provided in paragraph (b) below that are required to be and are paid or accrued in accordance with generally accepted accounting principles. Fines and penalties are not considered taxes.

(2) Taxes otherwise allowable under subparagraph (a)(1) above, but upon which a claim of illegality or erroneous assessment exists; provided the contractor, before paying such taxes—

(i) Promptly requests instructions from the contracting officer concerning such taxes; and

(ii) Takes all action directed by the contracting officer arising out of subparagraph (2)(i) above or an independent decision of the Government as to the existence of a claim of illegality or erroneous assessment, to (A) determine the legality of the assessment or (B) secure a refund of such taxes.

(3) Pursuant to subparagraph (a)(2) above, the reasonable costs of any action taken by the contractor at the direction or with the concurrence of the contracting officer. Interest or penalties incurred by the contractor for non-payment of any tax at the direction of the contracting officer or by reason of the failure of the contracting officer to ensure timely direction after a prompt request.

(4) The Environmental Tax found at section 59A of the Internal Revenue Code, also called the “Superfund Tax.”

(b) The following types of costs are not allowable:

(1) Federal income and excess profits taxes.

(2) Taxes in connection with financing, refinancing, refunding operations, or reorganizations (see 31.205-20 and 31.205-27).

(3) Taxes from which exemptions are available to the contractor directly, or available to the contractor based on an exemption afforded the Government, except when the contracting officer determines that the administrative burden incident to obtaining the exemption outweighs the corresponding benefits accruing to the Government. When partial exemption from a tax is attributable to Government contract activity, taxes charged to such work in excess of that amount resulting from application of the preferential treatment are unallowable. These provisions intend that tax preference attributable to Government contract activity be realized by the Government. The term exemption means freedom from taxation in whole or in part and includes a tax abatement or reduction resulting from mode of assessment, method of calculation, or otherwise.

(4) Special assessments on land that represent capital improvements.

(5) Taxes (including excises) on real or personal property, or on the value, use, possession or sale thereof, which is used solely in connection with work other than on Government contracts (see paragraph (c) below).

(6) Any excise tax in subtitle D, chapter 43 of the Internal Revenue Code of 1986, as amended. That chapter includes excise taxes imposed in connection with qualified pension plans, welfare plans, deferred compensation plans, or other similar types of plans.

(7) Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the books of account and financial statements.

(8) Any tax imposed under 26 U.S.C. 5000C.

(c) Taxes on property (see subparagraph (b)(5) above) used solely in connection with either non-Government or Government work should be considered directly applicable to the respective category of work unless the amounts involved are insignificant or comparable results would otherwise be obtained; e.g., taxes on contractor-owned work-in-process which is used solely in connection with non-Government work should be allocated to such work; taxes on contractor-owned work-in-process inventory (and Government-owned work-in-process inventory when taxed) used solely in connection with Government work should be charged to such work. The cost of taxes incurred on property used in both Government and non-Government work shall be apportioned to all such work based upon the use of such property on the respective final cost objectives.

(d) Any taxes, interest, or penalties that were allowed as contract costs and are refunded to the contractor shall be credited or paid to the Government in the manner it directs. If a contractor or subcontractor obtains a foreign tax credit that reduces its U.S. Federal income tax return because of the payment of any tax or duty allowed as contract costs, and if those costs were reimbursed by a foreign government, the amount of the reduction shall be paid to the Treasurer of the United States at the time the Federal income tax return is filed. However, any interest actually paid or credited to a contractor incident to a refund of tax, interest, or penalty shall be paid or credited to the Government only to the extent that such interest accrued over the period during which the contractor had been reimbursed by the Government for the taxes, interest, or penalties.

[48 FR 42301, Sept. 19, 1983, as amended at 55 FR 3884, Feb. 5, 1990; 55 FR 52794, Dec. 21, 1990; 61 FR 2641, Jan. 26, 1996; 78 FR 6191, Jan. 29, 2013]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1991–2021 · leading case: Info. Sys. & Network Corp. v. United States, 437 F.3d 1173 (Fed. Cir. 2006).
Sort: Relevance Newest Treatment
Info. Sys. & Network Corp. v. United States, 437 F.3d 1173 (Fed. Cir. 2006). · cites it 15× “It held that, under 48 C.F.R. § 31.205-41 , the state income tax payments made by ISN’s sole shareholder resulting from dividends received from ISN were allowable costs in the cost-reimbursement contract.”
Hercules Inc. v. United States, 292 F.3d 1378 (Fed. Cir. 2002). · cites it 2× “One such facility is the Radford Army Ammunition Plant, a government-owned, contractor-operated, facility in Virginia, which functioned under a series of cost-reimbursement contracts from 1941 through 1994.”
Hercules Inc. v. United States, 49 Fed. Cl. 80 (Fed. Cl. 2001). · cites it 4× “48 C.F.R. § 31.205-41 . The contract also incorporates the “CREDITS” provision of the FAR, which states, in relevant part: The applicable portion of any income, rebate, allowance, or other credit relating to any allowable cost and received by or accruing to the contractor shall…”
Health Net Life Ins. Co. v. Dept. of Rev., 24 Or. Tax 514 (Or. T.C. 2021). · cites it 4× “” 48 CFR § 31.205-41 (a) (1990). Taxes not allowable as costs under paragraph (b) included federal income taxes, and taxes on the value, use, possession or sale of real or personal property not used in connection with work on govern- ment contracts.”
DIRECTV Grp., Inc. v. United States, 89 Fed. Cl. 302 (Fed. Cl. 2009). · cites it 2× “205-41(d), 48 C.F.R. § 31.205-41 (d) (1996), is mistaken.”
Info. Sys. & Networks Corp. v. United States, 48 Fed. Cl. 265 (Fed. Cl. 2000). · cites it 3× “48 C.F.R. § 31.205-41 (2000) (Taxes Provision).”
Hercules Inc. v. United States, 22 Cl. Ct. 301 (Ct. Cl. 1991). · cites it 3× “” 48 C.F.R. § 31.205-41 (a)(l). Subparagraph (b) of this same regulation notes certain exceptions to the allowability of taxes as costs of contract performance.”
Info. Sys. & Networks Corp. v. United States, 64 Fed. Cl. 599 (Fed. Cl. 2005). “According to the court, the fact that nothing in the relevant FAR provisions indicated that S corporations should be treated differently than other commercial organizations supported this conclusion.”
Rockwell Int'l Corp. v. Sheila E. Widnall, Sec'y of the Air Force, 109 F.3d 1579 (Fed. Cir. 1997). “48 C.F.R. § 31.205-41 (1987). The year before the parties entered into the contract, Congress enacted the Superfund Amendments and Reauthorization Act of 1986, Pub.”
— 48 C.F.R. § 31.205-41(a) — 1 case
Health Net Life Ins. Co. v. Dept. of Rev., 24 Or. Tax 514 (Or. T.C. 2021). “” 48 CFR § 31.205-41 (a) (1990). Taxes not allowable as costs under paragraph (b) included federal income taxes, and taxes on the value, use, possession or sale of real or personal property not used in connection with work on govern- ment contracts.”
— 48 C.F.R. § 31.205-41(d) — 1 case
Hercules Inc. v. United States, 49 Fed. Cl. 80 (Fed. Cl. 2001). “48 C.F.R. § 31.205-41 . The contract also incorporates the “CREDITS” provision of the FAR, which states, in relevant part: The applicable portion of any income, rebate, allowance, or other credit relating to any allowable cost and received by or accruing to the contractor shall…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.