[Code of Federal Regulations]
[Title 26, Volume 16]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR40.6011(a)-2]

[Page 6-7]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 40_EXCISE TAX PROCEDURAL REGULATIONS--Table of Contents
 
Sec. 40.6011(a)-2  Final returns.

    (a) In general--(1) Permanent cessation of operations. Any person 
that is required under Sec. 40.6011(a)-1 to make returns and that 
permanently ceases all

[[Page 7]]

operations with respect to which liability for tax was incurred (or with 
respect to which tax had to be collected and paid over) must make a 
final return in accordance with the instructions applicable to the form 
on which the return is made. A person does not make a final return if 
only a temporary or partial cessation of such operations occurs and must 
continue to file returns as required under Sec. 40.6011(a)-1.
    (2) Change in law without cessation of operations. Any person that 
is required under Sec. 40.6011(a)-1 to make returns must make a final 
return in accordance with the instructions applicable to the form on 
which the return is made if, by reason of a change in law, that person 
is no longer liable for any tax (or, in the case of a collected tax, is 
no longer responsible for collecting and paying over any tax). For 
example, if the tax on a product is changed from a retail tax to a 
manufacturers tax, a retailer formerly liable for the tax but now buying 
the product tax-paid from its supplier must make a final return 
(assuming that the retailer has no other tax liability reportable on the 
return).
    (b) Special rule for one-time filings--(1) In general. A first 
return is also a final return if it is a one-time filing. A return is a 
one-time filing if the person reporting tax does not engage in any 
activity with respect to which tax is reportable on the return in the 
course of a trade or business.
    (2) Deposits not required. See Sec. 40.6302(c)-1(e)(2) for a rule 
providing that no deposit of taxes reported on a one-time filing is 
required.
    (c) Special rule for floor stocks taxes. A first return reporting 
only floor stocks taxes under this part 40 is also a final return.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8685, 61 FR 
58005, Nov. 12, 1996; T.D. 8963, 66 FR 41776, Aug. 9, 2001]