PART II—OCCUPATIONAL TAX
Prior Provisions
A prior part II, consisting of subparts A to G, related to occupational tax, prior to the general revision of this chapter by
Amendments
1987—
1979—
Part Referred to in Other Sections
This part is referred to in
Subpart A—Proprietors of Distilled Spirits Plants, Bonded Wine Cellars, Etc.
Prior Provisions
A prior subpart A, consisted of
Section 5081, added
Another prior section 5081, act Aug. 16, 1954, ch. 736,
Section 5082, added
Another prior section 5082, act Aug. 16, 1954, ch. 736,
Section 5083, added
Another prior section 5083, act Aug. 16, 1954, ch. 736,
Section 5084, added
Another prior section 5084, act Aug. 16, 1954, ch. 736,
§5081. Imposition and rate of tax
(a) General rule
Every proprietor of—
(1) a distilled spirits plant,
(2) a bonded wine cellar,
(3) a bonded wine warehouse, or
(4) a taxpaid wine bottling house,
shall pay a tax of $1,000 per year in respect of each such premises.
(b) Reduced rates for small proprietors
(1) In general
Subsection (a) shall be applied by substituting "$500" for "$1,000" with respect to any taxpayer not described in subsection (c) the gross receipts of which (for the most recent taxable year ending before the 1st day of the taxable period to which the tax imposed by subsection (a) relates) are less than $500,000.
(2) Controlled group rules
All persons treated as 1 taxpayer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1).
(3) Certain rules to apply
For purposes of paragraph (1), rules similar to the rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply.
(c) Exemption for small producers
Subsection (a) shall not apply with respect to any taxpayer who is a proprietor of an eligible distilled spirits plant (as defined in section 5181(c)(4)).
(Added
Prior Provisions
Prior
Amendments
1988—Subsec. (b)(1).
Subsec. (c).
Effective Date of 1988 Amendment
Section 6106(c) of
Effective Date
Section 10512(h) of
"(1)
"(2)
"(A)
"(B)
"(i) the rate of such tax as in effect on January 1, 1988, over
"(ii) the rate of such tax as in effect on December 31, 1987.
"(C)
"(D)
Section Referred to in Other Sections
This section is referred to in
Subpart B—Brewer
Prior Provisions
A prior subpart B, consisting of sections 5091 to 5093, related to brewer, prior to the general revision of this chapter by
§5091. Imposition and rate of tax
(a) General rule
Every brewer shall pay a tax of $1,000 per year in respect of each brewery.
(b) Reduced rates for small brewers
Rules similar to the rules of section 5081(b) shall apply for purposes of subsection (a).
(Added
Prior Provisions
A prior section 5091, act Aug. 16, 1954, ch. 736,
Amendments
1987—
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Cross References
Due date of tax, see
Method of payment of tax, see
Section Referred to in Other Sections
This section is referred to in
§5092. Definition of brewer
Every person who brews beer (except a person who produces only beer exempt from tax under section 5053(e)) and every person who produces beer for sale shall be deemed to be a brewer.
(Added
Prior Provisions
A prior section 5092, act Aug. 16, 1954, ch. 736,
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5093. Cross references
(1) For exemption of brewer from special tax as wholesale and retail dealer, see section 5113(a).
(2) For provisions relating to liability for special tax for carrying on business in more than one location, see section 5143(c).
(3) For exemption from special tax in case of sales made on purchaser dealers' premises, see section 5113(d).
(Added
Prior Provisions
A prior section 5093, act Aug. 16, 1954, ch. 736,
Subpart C—Manufacturers of Stills
Prior Provisions
A prior subpart C, consisting of sections 5101 to 5106, related to manufacturers of stills, prior to the general revision of this subpart by
Another prior subpart C, consisting of sections 5101 to 5106, related to manufacturers of stills, prior to the general revision of this chapter by
§5101. Notice of manufacture of still; notice of set up of still
(a) Notice requirements
(1) Notice of manufacture of still
The Secretary may, pursuant to regulations, require any person who manufactures any still, boiler, or other vessel to be used for the purpose of distilling, to give written notice, before the still, boiler, or other vessel is removed from the place of manufacture, setting forth by whom it is to be used, its capacity, and the time of removal from the place of manufacture.
(2) Notice of set up of still
The Secretary may, pursuant to regulations, require that no still, boiler, or other vessel be set up without the manufacturer of the still, boiler, or other vessel first giving written notice to the Secretary of that purpose.
(b) Penalties, etc.
(1) For penalty and forfeiture for failure to give notice of manufacture, or for setting up a still without first giving notice, when required by the Secretary, see sections 5615(2) and 5687.
(2) For penalty and forfeiture for failure to register still or distilling apparatus when set up, see section 5601(a)(1) and 5615(1).
(Added
Prior Provisions
A prior section 5101, added
Another prior section 5101, act Aug. 16, 1954, ch. 736,
Effective Date
Section 456 of part II (§§451–456) of subtitle D of title IV of division A of
"(a)
"(b)
"(c)
"(d)
Section Referred to in Other Sections
This section is referred to in
§5102. Definition of manufacturer of stills
Any person who manufactures any still or condenser to be used in distilling shall be deemed a manufacturer of stills.
(Added
Prior Provisions
A prior section 5102, added
Another prior section 5102, act Aug. 16, 1954, ch. 736,
A prior section 5103, added
Another prior section 5103, act Aug. 16, 1954, ch. 736,
A prior section 5104, added
Another prior section 5104, act Aug. 16, 1954, ch. 736,
A prior section 5105, added
Another prior section 5105, act Aug. 16, 1954, ch. 736,
A prior section 5106, added
Another prior section 5106, act Aug. 16, 1954, ch. 736,
Effective Date
Section effective on first day of first calendar month which begins more than 90 days after July 18, 1984, see section 456(a) of
Section Referred to in Other Sections
This section is referred to in
Subpart D—Wholesale Dealers
Prior Provisions
A prior subpart D, consisting of sections 5111 to 5116, related to wholesale dealers, prior to the general revision of this chapter by
§5111. Imposition and rate of tax
(a) Wholesale dealers in liquors
Every wholesale dealer in liquors shall pay a special tax of $500 a year.
(b) Wholesale dealers in beer
Every wholesale dealer in beer shall pay a special tax of $500 a year.
(Added
Prior Provisions
A prior section 5111, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsec. (a) of this section were contained in former section 5112(a), act Aug. 16, 1954, ch. 736,
Amendments
1987—Subsec. (a).
Subsec. (b).
1976—Subsec. (a).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Cross References
Due date of tax, see
Method of payment of tax, see
Section Referred to in Other Sections
This section is referred to in
§5112. Definitions
(a) Dealer
When used in this subpart, subpart E, or subpart G, the term "dealer" means any person who sells, or offers for sale, any distilled spirits, wines, or beer.
(b) Wholesale dealer in liquors
When used in this chapter, the term "wholesale dealer in liquors" means any dealer, other than a wholesale dealer in beer, who sells, or offers for sale, distilled spirits, wines, or beer, to another dealer.
(c) Wholesale dealer in beer
When used in this chapter, the term "wholesale dealer in beer" means a dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to another dealer.
(Added
Prior Provisions
A prior section 5112, act Aug. 16, 1954, ch. 736,
Prior section 5112(a) also provided for issuance of stamp denoting payment of special tax as "wholesale dealer in wines" or "wholesale dealer in wines and beer". See
Cross References
Businesses in more than one location, see
Section Referred to in Other Sections
This section is referred to in
§5113. Exemptions
(a) Sales by proprietors of controlled premises
No proprietor of a distilled spirits plant, bonded wine cellar, taxpaid wine bottling house, or brewery, shall be required to pay special tax under section 5111 or section 5121 on account of the sale at his principal business office as designated in writing to the Secretary, or at his distilled spirits plant, bonded wine cellar, taxpaid wine bottling house, or brewery, as the case may be, of distilled spirits, wines, or beer, which, at the time of sale, are stored at his distilled spirits plant, bonded wine cellar, taxpaid wine bottling house, or brewery, as the case may be, or had been removed from such premises to a taxpaid storeroom operated in connection therewith and are stored therein. However, on such proprietor shall have more than one place of sale, as to each distilled spirits plant, bonded wine cellar, taxpaid wine bottling house, or brewery, that shall be exempt from special taxes by reason of the sale of distilled spirits, wines, or beer stored at such premises (or removed therefrom and stored as provided in this section), by reason of this subsection.
(b) Sales by liquor stores operated by States, political subdivisions, etc.
No liquor store engaged in the business of selling to persons other than dealers, which is operated by a State, by a political subdivision of a State or by the District of Columbia, shall be required to pay any special tax imposed under section 5111, by reason of selling distilled spirits, wines, or beer to dealers qualified to do business as such in such State, subdivision, or District, if such State, political subdivision, or District has paid the applicable special tax imposed under section 5121, and if such State, political subdivision, or District has paid special tax under section 5111 at its principal place of business.
(c) Casual sales
(1) Sales by creditors, fiduciaries, and officers of court
No person shall be deemed to be a dealer by reason of the sale of distilled spirits, wines, or beer which have been received by him as security for or in payment of a debt, or as an executor, administrator, or other fiduciary, or which have been levied on by any officer under order or process of any court or magistrate, if such distilled spirits, wines, or beer are sold by such person in one parcel only or at public auction in parcels of not less than 20 wine gallons.
(2) Sales by retiring partners or representatives of deceased partners to incoming or remaining partners
No person shall be deemed to be a dealer by reason of a sale of distilled spirits, wines, or beer made by such person as a retiring partner or the representative of a deceased partner to the incoming, remaining, or surviving partner or partners of a firm.
(3) Return of liquors for credit, refund, or exchange
No person shall be deemed to be a dealer by reason of the bona fide return of distilled spirits, wines, or beer to the dealer from whom purchased (or to the successor of the vendor's business or line of merchandise) for credit, refund, or exchange, and the giving of such credit, refund, or exchange shall not be deemed to be a purchase within the meaning of section 5117.
(d) Dealers making sales on purchaser dealer's premises
(1) Wholesale dealers in liquors
No wholesale dealer in liquors who has paid the special tax as such dealer shall again be required to pay special tax as such dealer on account of sales of wines or beer to wholesale or retail dealers in liquors, or to limited retail dealers, or of beer to wholesale or retail dealers in beer, consummated at the purchaser's place of business.
(2) Wholesale dealers in beer
No wholesale dealer in beer who has paid the special tax as such a dealer shall again be required to pay special tax as such dealer on account of sales of beer to wholesale or retail dealers in liquors or beer, or to limited retail dealers, consummated at the purchaser's place of business.
(e) Sales by retail dealers in liquidation
No retail dealer in liquors or retail dealer in beer, selling in liquidation his entire stock of liquors in one parcel or in parcels embracing not less than his entire stock of distilled spirits, of wines, or of beer to any other dealer, shall be deemed to be a wholesale dealer in liquors or a wholesale dealer in beer, as the case may be, by reason of such sale or sales.
(f) Sales to limited retail dealers
(1) Retail dealers in liquors
No retail dealer in liquors who has paid special tax as such dealer under section 5121(a) shall be required to pay special tax under section 5111 on account of the sale at his place of business of distilled spirits, wines, or beer to limited retail dealers as defined in section 5122(c).
(2) Retail dealers in beer
No retail dealer in beer who has paid special tax as such dealer under section 5121(b) shall be required to pay special tax under section 5111 on account of the sale at his place of business of beer to limited retail dealers as defined in section 5122(c).
(g) Coordination of taxes under section 5111
No tax shall be imposed by section 5111(a) with respect to a person's activities at any place during a year if such person has paid the tax imposed by section 5111(b) with respect to such place for such year.
(Added
Prior Provisions
A prior section 5113, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsecs. (a), (d), and (e) of this section were contained in prior sections 5123(a), (b)(3), (c), 5144(c), and 5306, act Aug. 16, 1954, ch. 736,
Amendments
1988—Subsec. (a).
Subsec. (g).
1976—Subsec. (a).
Subsec. (f)(1).
1962—Subsec. (b).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1962 Amendment
Section 4(c) of
Section Referred to in Other Sections
This section is referred to in
§5114. Records
(a) Requirements
(1) Distilled spirits
Every wholesale dealer in liquors who sells distilled spirits to other dealers shall keep daily a record of distilled spirits received and disposed of by him, in such form and at such place and containing such information, and shall submit correct summaries of such records to the Secretary at such time and in such form and manner, as the Secretary shall by regulations prescribe. Such dealer shall also submit correct extracts from or copies of such records, at such time and in such form and manner as the Secretary may by regulations prescribe; however, the Secretary may on application by such dealer, in accordance with such regulations, relieve him from this requirement until further notice, whenever the Secretary deems that the submission of such extracts or copies serves no useful purpose in law enforcement or in protection of the revenue.
(2) Wines and beer
Every wholesale dealer in liquors and every wholesale dealer in beer shall provide and keep, at such place as the Secretary shall by regulations prescribe, a record in book form of all wines and beer received, showing the quantities thereof and from whom and the dates received, or shall keep all invoices of, and bills for, all wines and beer received.
(b) Exemption of States, political subdivisions, etc.
The provision of subsection (a) shall not apply to a State, to a political subdivision of a State, to the District of Columbia, or to liquor stores operated by any of them, if they maintain and make available for inspection by internal revenue officers such records as will enable such officers to trace all distilled spirits, wines, and beer received, and all distilled spirits disposed of by them. Such States, subdivisions, District, or liquor stores shall, upon the request of the Secretary, furnish him such transcripts, summaries and copies of their records with respect to distilled spirits as he shall require.
(c) Cross references
(1) For provisions requiring proprietors of distilled spirits plants to keep records and submit reports of receipts and dispositions of distilled spirits, see section 5207.
(2) For penalty for violation of subsection (a), see section 5603.
(3) For provisions relating to the preservation and inspection of records, and entry of premises for inspection, see section 5146.
(Added
Prior Provisions
A prior section 5114, act Aug. 16, 1954, ch. 736,
Amendments
1976—Subsec. (a).
Subsec. (b).
Effective Date of 1976 Amendment
Amendment by section 1905(c)(1) of
§5115. Sign required on premises
(a) Requirements
Every wholesale dealer in liquors who is required to pay special tax as such dealer shall, in the manner and form prescribed by regulations issued by the Secretary, place and keep conspicuously on the outside of the place of such business a sign, exhibiting, in plain and legible letters, the name or firm of the wholesale dealer, with the words: "wholesale liquor dealer." The requirements of this subsection will be met by the posting of a sign of the character prescribed herein, but with words conforming to the designation on the dealer's special tax stamp.
(b) Penalty
For penalty for failure to post sign, or for posting sign without paying the special tax, see section 5681.
(Added
Prior Provisions
A prior section 5115, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising this section were contained in prior section 5116, act Aug. 16, 1954, ch. 736,
Amendments
1976—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§5116. Packaging distilled spirits for industrial uses
(a) General
The Secretary may, at his discretion and under such regulations as he may prescribe, authorize a dealer engaging in the business of supplying distilled spirits for industrial uses to package distilled spirits, on which the tax has been paid or determined, for such uses in containers of a capacity in excess of 1 wine gallon and not more than 5 wine gallons.
(b) Cross reference
For provisions relating to containers of distilled spirits, see section 5206.
(Added
Prior Provisions
A prior section 5116, act Aug. 16, 1954, ch. 736,
Amendments
1984—Subsec. (b).
1979—Subsec. (b)(1).
1976—Subsec. (a).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
§5117. Prohibited purchases by dealers
(a) General
It shall be unlawful for any dealer to purchase distilled spirits for resale from any person other than—
(1) a wholesale dealer in liquors who has paid the special tax as such dealer to cover the place where such purchase is made; or
(2) a wholesale dealer in liquors who is exempt, at the place where such purchase is made, from payment of such tax under any provision of this chapter; or
(3) a person who is not required to pay special tax as a wholesale dealer in liquors.
(b) Limited retail dealers
A limited retail dealer may lawfully purchase distilled spirits for resale from a retail dealer in liquors.
(c) Penalty and forfeiture
For penalty and forfeiture provisions applicable to violation of subsection (a), see sections 5687 and 7302
(Added
Amendments
1976—Subsecs. (b), (c).
Effective Date of 1976 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
Subpart E—Retail Dealers
Prior Provisions
A prior subpart E, consisting of sections 5121 to 5124, related to retail dealers, prior to the general revision of this chapter by
Subpart Referred to in Other Sections
This subpart is referred to in
§5121. Imposition and rate of tax
(a) Retail dealers in liquors
Every retail dealer in liquors shall pay a special tax of $250 a year.
(b) Retail dealers in beer
Every retail dealer in beer shall pay a special tax of $250 a year.
(Added
Prior Provisions
A prior section 5121, act Aug. 16, 1954, ch. 736,
Prior section 5121(a)(2) regarded wholesale dealers in liquors selling in quantities of less than 5 wine gallons as retail dealers liable to special tax. See
Prior section 5121(b)(2) regarded wholesale dealers in beer selling in quantities of less than 5 gallons as retail dealers liable to special tax. See
Prior section 5121(c) also described limited retail dealers. See
Provisions similar to those comprising subsecs. (a)(1), (2) of this section were contained in prior section 5122(a), (c), act Aug. 16, 1954, ch. 736,
Amendments
1987—Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (a).
Subsec. (c).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Cross References
Due date of tax, see
Method of payment of tax, see
Section Referred to in Other Sections
This section is referred to in
§5122. Definitions
(a) Retail dealers in liquors
When used in this chapter, the term "retail dealer in liquors" means any dealer, other than a retail dealer in beer or a limited retail dealer, who sells, or offers for sale, any distilled spirits, wines, or beer, to any person other than a dealer.
(b) Retail dealer in beer
When used in this chapter, the term "retail dealer in beer" means any dealer, other than a limited retail dealer, who sells, or offers for sale, beer, but not distilled spirits or wines, to any person other than a dealer.
(c) Limited retail dealer
When used in this chapter, the term "limited retail dealer" means any fraternal, civic, church, labor, charitable, benevolent, or ex-servicemen's organization making sales of distilled spirits, wine or beer on the occasion of any kind of entertainment, dance, picnic, bazaar, or festival held by it, or any person making sales of distilled spirits, wine or beer to the members, guests, or patrons of bona fide fairs, reunions, picnics, carnivals, or other similar outings, if such organization or person is not otherwise engaged in business as a dealer.
(Added
Prior Provisions
A prior section 5122, act Aug. 16, 1954, ch. 736,
Prior section 5122(a) also provided for issuance of stamp denoting payment of special tax as "retail dealer in wines" or "retail dealer in wines and beer". See
Prior section 5122(c) related to "retail drug stores or pharmacies". See
Provisions similar to those comprising subsec. (c) of this section were contained in prior section 5121(c), act Aug. 16, 1954, ch. 736,
Amendments
1976—Subsec. (c).
Effective Date of 1976 Amendment
Amendment by
Cross References
Businesses in more than one location, see
Section Referred to in Other Sections
This section is referred to in
§5123. Exemptions
(a) Wholesale dealers
(1) Wholesale dealers in liquors
No special tax shall be imposed under section 5121(a) or (b) on any dealer by reason of the selling, or selling, or offering for sale, of distilled spirits, wines, or beer at any location where such dealer is required to pay special tax under section 5111(a).
(2) Wholesale dealers in beer
No special tax shall be imposed under section 5121(b) on any dealer by reason of the selling, or offering for sale, of beer at any location where such dealer is required to pay special tax under section 5111(b).
(b) Business conducted in more than one location
(1) Retail dealers at large
Any retail dealer in liquors or retailer dealer in beer whose business is such as to require him to travel from place to place in different States of the United States may, under regulations prescribed by the Secretary, procure a special tax stamp "At Large" covering his activities throughout the United States with the payment of but one special tax as a retail dealer in liquors or as a retail dealer in beer, as the case may be.
(2) Dealers on trains, aircraft, and boats
Nothing contained in this chapter shall prevent the issue, under such regulations as the Secretary may prescribe, of special tax stamps to—
(A) persons carrying on the business of retail dealers in liquors, or retail dealers in beer, on trains, aircraft, boats or other vessels, engaged in the business of carrying passengers; or
(B) persons carrying on the business of retail dealers in liquors or retail dealers in beer on boats or other vessels operated by them, when such persons operate from a fixed address in a port or harbor and supply exclusively boats or other vessels, or persons thereon, at such port or harbor.
(3) Liquor stores operated by States, political subdivisions, etc.
A State, a political subdivision of a State, or the District of Columbia shall not be required to pay more than one special tax as a retail dealer in liquors under section 5121(a) regardless of the number of locations at which such State, political subdivision, or District carries on business as a retail dealer in liquors.
(c) Coordination of taxes under section 5121
No tax shall be imposed by section 5121(a) with respect to a person's activities at any place during a year if such person has paid the tax imposed by section 5121(b) with respect to such place for such year.
(d) Cross references
(1) For exemption of proprietors of distilled spirits plants, bonded wine cellars, and breweries from special tax as dealers, see section 5113(a).
(2) For provisions relating to sales by creditors, fiduciaries, and officers of courts, see section 5113(c)(1).
(3) For provisions relating to sales by retiring partners or representatives of deceased partners to incoming or remaining partners, see section 5113(c)(2).
(4) For provisions relating to return of liquors for credit, refund, or exchange, see section 5113(c)(3).
(5) For provisions relating to sales by retail dealers in liquidation, see section 5113(e).
(Added
Prior Provisions
A prior section 5123, act Aug. 16, 1954, ch. 736,
Former section 5123(a), (b)(3), and (c) related to "exemptions of brewers selling in eighth-barrel packages", "dealers making sales on purchaser dealers' premises" and "sales by retail dealers in liquidation". See section 5113(a), (d)(1), (2) and (e), respectively, of this title.
Amendments
1988—Subsecs. (c), (d).
1976—Subsec. (b)(1), (2).
1962—Subsec. (b)(3).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
§5124. Records
(a) Receipts
Every retail dealer in liquors and every retail dealer in beer shall provide and keep in his place of business a record in book form of all distilled spirits, wines, and beer received, showing the quantity thereof and from whom and the dates received, or shall keep all invoices of, and bills for, all distilled spirits, wines, and beer received.
(b) Dispositions
When he deems it necessary for law enforcement purposes or the protection of the revenue, the Secretary may by regulations require retail dealers in liquors and retail dealers in beer to keep records of the disposition of distilled spirits, wines, or beer, in such form or manner and of such quantities as the Secretary may prescribe.
(c) Cross references
For provisions relating to the preservation and inspection of records, and entry of premises for inspection, see section 5146.
(Added
Prior Provisions
A prior section 5124, act Aug. 16, 1954, ch. 736,
Prior section 5124(b), (c) related to "inspection and preservation of records". See
Prior section 5124(d) was a cross reference to a penalty provision relating to retail dealers' records.
Amendments
1976—Subsec. (b).
§5125. Cross references
(1) For provisions relating to prohibited purchases by dealers, see section 5117.
(2) For provisions relating to presumptions of liability as wholesale dealer in case of sale of 20 wine gallons or more, see section 5691(b).
(Added
Subpart F—Nonbeverage Domestic Drawback Claimants
Prior Provisions
A prior subpart F, consisting of sections 5131 to 5134, related to nonbeverage domestic drawback claimants, prior to the general revision of this chapter by
Subpart Referred to in Other Sections
This subpart is referred to in
§5131. Eligibility and rate of tax
(a) Eligibility for drawback
Any person using distilled spirits on which the tax has been determined, in the manufacture or production of medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which are unfit for beverage purposes, on payment of a special tax per annum, shall be eligible for drawback at the time when such distilled spirits are used in the manufacture of such products as provided for in this subpart.
(b) Rate of tax
The special tax imposed by subsection (a) shall be $500 per year.
(Added
Prior Provisions
A prior section 5131, act Aug. 16, 1954, ch. 736,
Amendments
1994—Subsec. (a).
1987—Subsec. (b).
1976—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Cross References
Due date of tax, see
Method of payment of tax, see
Section Referred to in Other Sections
This section is referred to in
§5132. Registration and regulation
Every person claiming drawback under this subpart shall register annually with the Secretary; keep such books and records as may be necessary to establish the fact that distilled spirits received by him and on which the tax has been determined were used in the manufacture or production of medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which were unfit for use for beverage purposes; and be subject to such rules and regulations in relation thereto as the Secretary shall prescribe to secure the Treasury against frauds.
(Added
Prior Provisions
A prior section 5132, act Aug. 16, 1954, ch. 736,
Amendments
1994—
1976—
Effective Date of 1994 Amendment
Amendment by
§5133. Investigation of claims
For the purpose of ascertaining the correctness of any claim filed under this subpart, the Secretary is authorized to examine any books, papers, records, or memoranda bearing upon the matters required to be alleged in the claim, to require the attendance of the person filing the claim or of any officer or employee of such person or the attendance of any other person having knowledge in the premises, to take testimony with reference to any matter covered by the claim, and to administer oaths to any person giving such testimony.
(Added
Prior Provisions
A prior section 5133, act Aug. 16, 1954, ch. 736,
Amendments
1976—
Cross References
Authority to administer oaths, see
§5134. Drawback
(a) Rate of drawback
In the case of distilled spirits on which the tax has been paid or determined, and which have been used as provided in this subpart, a drawback shall be allowed on each proof gallon at a rate of $1 less than the rate at which the distilled spirits tax has been paid or determined.
(b) Claims
Such drawback shall be due and payable quarterly upon filing of a proper claim with the Secretary; except that, where any person entitled to such drawback shall elect in writing to file monthly claims therefor, such drawback shall be due and payable monthly upon filing of a proper claim with the Secretary. The Secretary may require persons electing to file monthly drawback claims to file with him a bond or other security in such amount and with such conditions as he shall by regulations prescribe. Any such election may be revoked on filing of notice thereof with the Secretary. No claim under this subpart shall be allowed unless filed with the Secretary within the 6 months next succeeding the quarter in which the distilled spirits covered by the claim were used as provided in this subpart.
(c) Allowance of drawback even where certain requirements not met
(1) In general
No claim for drawback under this section shall be denied in the case of a failure to comply with any requirement imposed under this subpart or any rule or regulation issued thereunder upon the claimant's establishing to the satisfaction of the Secretary that distilled spirits on which the tax has been paid or determined were in fact used in the manufacture or production of medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which were unfit for beverage purposes.
(2) Penalty
(A) In general
In the case of a failure to comply with any requirement imposed under this subpart or any rule or regulation issued thereunder, the claimant shall be liable for a penalty of $1,000 for each failure to comply unless it is shown that the failure to comply was due to reasonable cause.
(B) Penalty may not exceed amount of claim
The aggregate amount of the penalties imposed under subparagraph (A) for failures described in paragraph (1) in respect of any claim shall not exceed the amount of such claim (determined without regard to subparagraph (A)).
(3) Penalty treated as tax
The penalty imposed by paragraph (2) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6662(a).1
(Added
References in Text
Prior Provisions
A prior section 5134, acts Aug. 16, 1954, ch. 736,
Amendments
1994—Subsec. (c)(1).
1984—Subsec. (c).
1976—
1968—Subsec. (b).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1968 Amendment
Section 2(b) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
Subpart G—General Provisions
Prior Provisions
A prior subpart G, consisting of sections 5141 to 5149, related to general provisions, prior to the general revision of this chapter by
Amendments
1976—
Subpart Referred to in Other Sections
This subpart is referred to in
§5141. Registration
For provisions relating to registration in the case of persons engaged in any trade or business on which a special tax is imposed, see section 7011(a).
(Added
Prior Provisions
A prior section 5141, act Aug. 16, 1954, ch. 736,
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
§5142. Payment of tax
(a) Condition precedent to carrying on business
No person shall be engaged in or carry on any trade or business subject to tax under this part (except the tax imposed by section 5131) until he has paid the special tax therefor.
(b) Computation
All special taxes under this part (except the tax imposed by section 5131) shall be imposed as of on the first day of July in each year, or on commencing any trade or business on which such tax is imposed. In the former case the tax shall be reckoned for 1 year, and in the latter case it shall be reckoned proportionately, from the first day of the month in which the liability to a special tax commenced, to and including the 30th day of June following.
(c) How paid
(1) Payment by return
The special taxes imposed by this part shall be paid on the basis of a return under such regulations as the Secretary shall prescribe.
(2) Stamp denoting payment of tax
After receiving a properly executed return and remittance of any special tax imposed by this subpart, the Secretary shall issue to the taxpayer an appropriate stamp as a receipt denoting payment of the tax. This paragraph shall not apply in the case of a return covering liability for a past period.
(Added
Prior Provisions
A prior section 5142, act Aug. 16, 1954, ch. 736,
Prior section 5142(d) also contained a cross reference to a penalty and forfeiture provision for nonpayment of special taxes. See
Amendments
1976—Subsec. (c).
Effective Date of 1976 Amendment
Amendment by
§5143. Provisions relating to liability for occupational taxes
(a) Partners
Any number of persons doing business in partnership at any one place shall be required to pay but one special tax.
(b) Different businesses of same ownership and location
Whenever more than one of the pursuits or occupations described in this part are carried on in the same place by the same person at the same time, except as otherwise provided in this part, the tax shall be paid for each according to the rates severally prescribed.
(c) Businesses in more than one location
(1) Liability for tax
The payment of a special tax imposed by this part shall not exempt from an additional special tax the person carrying on a trade or business in any other place than that stated in the register kept in the office of the official in charge of the internal revenue district.
(2) Storage
Nothing contained in paragraph (1) shall require a special tax for the storage of liquors at a location other than the place where liquors are sold or offered for sale.
(3) Definition of place
The term "place" as used in this section means the entire office, plant or area of the business in any one location under the same proprietorship; and passageways, streets, highways, rail crossings, waterways, or partitions dividing the premises, shall not be deemed sufficient separation to require additional special tax, if the various divisions are otherwise contiguous.
(d) Death or change of location
Certain persons, other than the person who has paid the special tax under this part for the carrying on of any business at any place, may secure the right to carry on, without incurring additional special tax, the same business at the same place for the remainder of the taxable period for which the special tax was paid. The persons who may secure such right are:
(1) the surviving spouse or child, or executor or administrator or other legal representative, of a deceased taxpayer;
(2) a husband or wife succeeding to the business of his or her living spouse;
(3) a receiver or trustee in bankruptcy, or an assignee for benefit of creditors; and
(4) the partner or partners remaining after death or withdrawal of a member of a partnership.
When any person moves to any place other than the place for which special tax was paid for the carrying on of any business, he may secure the right to carry on, without incurring additional special tax, the same business at his new location for the remainder of the taxable period for which the special tax was paid. To secure the right to carry on the business without incurring additional special tax, the successor, or the person relocating his business, must register the succession or relocation with the Secretary in accordance with regulations prescribed by the Secretary.
(e) Federal agencies or instrumentalities
Any tax imposed by this part shall apply to any agency or instrumentality of the United States unless such agency or instrumentality is granted by statute a specific exemption from such tax.
(Added
Prior Provisions
A prior section 5143, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising this section were contained in a prior section 5144, act Aug. 16, 1954, ch. 736,
Amendments
1976—Subsec. (d)(4).
Section Referred to in Other Sections
This section is referred to in
[§5144. Repealed. Pub. L. 94–455, title XIX, §1905(b)(3)(D)(i), Oct. 4, 1976, 90 Stat. 1822 ]
Section, added
A prior section 5144, act Aug. 16, 1954, ch. 736,
Effective Date of Repeal
Repeal effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of
§5145. Application of State laws
The payment of any tax imposed by this part for carrying on any trade or business shall not be held to exempt any person from any penalty or punishment provided by the laws of any State for carrying on such trade or business within such State, or in any manner to authorize the commencement or continuance of such trade or business contrary to the laws of such State or in places prohibited by municipal law; nor shall the payment of any such tax be held to prohibit any State from placing a duty or tax on the same trade or business, for State or other purposes.
(Added
Prior Provisions
A prior section 5145, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising this section were contained in a prior section 5148, act Aug. 16, 1954, ch. 736,
§5146. Preservation and inspection of records, and entry of premises for inspection
(a) Preservation and inspection of records
Any records or other documents required to be kept under this part or regulations issued pursuant thereto shall be preserved by the person required to keep such records or documents, as the Secretary may by regulations prescribe, and shall be kept available for inspection by any internal revenue officer during business hours.
(b) Entry of premises for inspection
The Secretary may enter during business hours the premises (including places of storage) of any dealer for the purpose of inspecting or examining any records or other documents required to be kept by such dealer under this chapter or regulations issued pursuant thereto and any distilled spirits, wines, or beer kept or stored by such dealer on such premises.
(Added
Prior Provisions
A prior section 5146, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsec. (a) of this section were contained in prior sections 5114(a) and 5124 (b), (c), act Aug. 16, 1954, ch. 736,
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
§5147. Application of subpart
The provisions of this subpart shall extend to and apply to the special taxes imposed by the other subparts of this part and to the persons on whom such taxes are imposed.
(Added
Prior Provisions
A prior section 5147, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising this section were contained in a prior section 5149, act Aug. 16, 1954, ch. 736,
§5148. Cross references
(1) For penalties for willful nonpayment of special taxes, see section 5691.
(2) For penalties applicable to this part generally, see subchapter J.
(3) For penalties, authority for assessments, and other general and administrative provisions applicable to this part, see subtitle F.
(Added
Prior Provisions
A prior section 5148, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subd. (1) of this section were contained in a prior section 5142(d), act Aug. 16, 1954, ch. 736,
A prior section 5149, act Aug. 16, 1954, ch. 736,
Amendments
1976—Par. (3).
Effective Date of 1976 Amendment
Amendment by