Subchapter A—Gallonage and Occupational Taxes
PART I—GALLONAGE TAXES
Amendments
1979—
Part Referred to in Other Sections
This part is referred to in
Subpart A—Distilled Spirits
Prior Provisions
A prior subpart A, comprising sections 5001 to 5012, related to tax on distilled spirits, prior to the general revision of this chapter by
Amendments
1980—
1979—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5001. Imposition, rate, and attachment of tax
(a) Rate of tax
(1) General
There is hereby imposed on all distilled spirits produced in or imported into the United States a tax at the rate of $13.50 on each proof gallon and a proportionate tax at the like rate on all fractional parts of a proof gallon.
(2) Products containing distilled spirits
All products of distillation, by whatever name known, which contain distilled spirits, on which the tax imposed by law has not been paid, and any alcoholic ingredient added to such products, shall be considered and taxed as distilled spirits.
(3) Wines containing more than 24 percent alcohol by volume
Wines containing more than 24 percent of alcohol by volume shall be taxed as distilled spirits.
(4) Distilled spirits withdrawn free of tax
Any person who removes, sells, transports, or uses distilled spirits, withdrawn free of tax under section 5214(a) or section 7510, in violation of laws or regulations now or hereafter in force pertaining thereto, and all such distilled spirits shall be subject to all provisions of law relating to distilled spirits subject to tax, including those requiring payment of the tax thereon; and the person so removing, selling, transporting, or using the distilled spirits shall be required to pay such tax.
(5) Denatured distilled spirits or articles
Any person who produces, withdraws, sells, transports, or uses denatured distilled spirits or articles in violation of laws or regulations now or hereafter in force pertaining thereto, and all such denatured distilled spirits or articles shall be subject to all provisions of law pertaining to distilled spirits that are not denatured, including those requiring the payment of tax thereon; and the person so producing, withdrawing, selling, transporting, or using the denatured distilled spirits or articles shall be required to pay such tax.
(6) Fruit-flavor concentrates
If any volatile fruit-flavor concentrate (or any fruit mash or juice from which such concentrate is produced) containing one-half of 1 percent or more of alcohol by volume, which is manufactured free from tax under section 5511, is sold, transported, or used by any person in violation of the provisions of this chapter or regulations promulgated thereunder, such person and such concentrate, mash, or juice shall be subject to all provisions of this chapter pertaining to distilled spirits and wines, including those requiring the payment of tax thereon; and the person so selling, transporting, or using such concentrate, mash, or juice shall be required to pay such tax.
(7) Imported liqueurs and cordials
Imported liqueurs and cordials, or similar compounds, containing distilled spirits, shall be taxed as distilled spirits.
(8) Imported distilled spirits withdrawn for beverage purposes
There is hereby imposed on all imported distilled spirits withdrawn from customs custody under section 5232 without payment of the internal revenue tax, and thereafter withdrawn from bonded premises for beverage purposes, an additional tax equal to the duty which would have been paid had such spirits been imported for beverage purposes, less the duty previously paid thereon.
(9) Alcoholic compounds from Puerto Rico
Except as provided in section 5314, upon bay rum, or any article containing distilled spirits, brought from Puerto Rico into the United States for consumption or sale there is hereby imposed a tax on the spirits contained therein at the rate imposed on distilled spirits produced in the United States.
(b) Time of attachment on distilled spirits
The tax shall attach to distilled spirits as soon as this substance is in existence as such, whether it be subsequently separated as pure or impure spirits, or be immediately, or at any subsequent time, transferred into any other substance, either in the process of original production or by any subsequent process.
(c) Cross reference
For provisions relating to the tax on shipments to the United States of taxable articles from Puerto Rico and the Virgin Islands, see section 7652.
(Added
Prior Provisions
A prior section 5001, acts Aug. 16, 1954, ch. 736,
Amendments
1994—Subsec. (a)(3) to (10).
1990—Subsec. (a)(1), (3).
1984—Subsec. (a)(1), (3).
1979—Subsec. (a)(1).
Subsec. (a)(2).
1965—Subsec. (a)(1).
Subsec. (a)(3).
1964—Subsec. (a)(1).
Subsec. (a)(3).
1963—Subsec. (a)(1).
Subsec. (a)(3).
1962—Subsec. (a)(1).
Subsec. (a)(3).
1961—Subsec. (a)(1).
Subsec. (a)(3).
1960—Subsec. (a)(1).
Subsec. (a)(3).
1959—Subsec. (a)(1).
Subsec. (a)(3).
Effective Date of 1994 Amendment
Section 136(d) of
Effective Date of 1990 Amendment
Section 11201(d) of
Effective Date of 1984 Amendment
Section 27(d) of
"(1)
"(2)
Effective Date of 1979 Amendment
Section 810 of title VIII of
Effective Date of 1965 Amendment
Amendment by
Effective Date
Section 210(a)(1) of
Short Title
Section 1(a) of
Savings Provision
Section 210(b) of title II of
References to Other Provisions of Law
Section 210(d) of title II of
Repeal of Acts Mar. 3, 1877 and Oct. 18, 1888
Section 205 of
Floor Stocks Taxes on Distilled Spirits, Wine, and Beer
Section 11201(e) of
"(1)
"(A)
"(i) on which tax was determined under part I of subchapter A of
"(ii) which is held on such date for sale by any person,
there shall be imposed a tax at the applicable rate on each such article.
"(B)
"(i) $1 per proof gallon in the case of distilled spirits,
"(ii) $0.90 per wine gallon in the case of wine described in paragraph (1), (2), (3), or (5) of section 5041(b) of such Code, and
"(iii) $9 per barrel in the case of beer.
In the case of a fraction of a gallon or barrel, the tax imposed by subparagraph (A) shall be the same fraction as the amount of such tax imposed on a whole gallon or barrel.
"(C)
"(2)
"(A) In the case of wine held by the producer thereof on January 1, 1991, if a credit would have been allowable under section 5041(c) of such Code (as added by this section) on such wine had the amendments made by subsection (b) [amending
"(B) In the case of beer held by the producer thereof on January 1, 1991, if the rate of the tax imposed by section 5051 of such Code would have been determined under subsection (a)(2) thereof had the beer so held been removed for consumption on December 31, 1990, the tax imposed by paragraph (1) on such beer shall not apply.
"(C) For purposes of this paragraph, an article shall not be treated as held by the producer if title thereto had at any time been transferred to any other person.
"(3)
"(A) the aggregate liquid volume of tax-increased articles held by such dealer on such date does not exceed 500 wine gallons, and
"(B) such dealer submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.
"(4)
"(A) $240 to the extent such taxes are attributable to distilled spirits,
"(B) $270 to the extent such taxes are attributable to wine, and
"(C) $87 to the extent such taxes are attributable to beer.
Such credit shall not exceed the amount of taxes imposed by paragraph (1) with respect to distilled spirits, wine, or beer, as the case may be, for which the dealer is liable.
"(5)
"(A)
"(B)
"(C)
"(6)
"(A)
"(i) the 500 wine gallon amount specified in paragraph (3), and
"(ii) the $240, $270, and $87 amounts specified in paragraph (4),
shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term 'controlled group' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase 'more than 50 percent' shall be substituted for the phrase 'at least 80 percent' each place it appears in such subsection.
"(B)
"(7)
"(A)
"(B)
"(i) the tax imposed by section 5001 of such Code in the case of distilled spirits,
"(ii) the tax imposed by section 5041 of such Code in the case of wine, and
"(iii) the tax imposed by section 5051 of such Code in the case of beer.
"(8)
"(A)
"(B)
"(C)
"(9)
Floor Stocks Tax Treatment of Articles in Foreign Trade Zones
Section 11218 of
"(1) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act [
"(2) such article is held on such date under the supervision of a customs officer pursuant to the 2d proviso of such section 3(a)."
Floor Stocks Taxes on Distilled Spirits
Section 27(b) of
"(1)
"(2)
"(A) the aggregate liquid volume of distilled spirits held by such dealer on such date does not exceed 500 wine gallons, and
"(B) such dealer submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.
"(3)
"(4)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(I) The first installment shall be paid on or before April 1, 1986.
"(II) The second installment shall be paid on or before July 1, 1986.
"(III) The third installment shall be paid on or before October 1, 1986.
If the taxpayer does not pay any installment under this clause on or before the date prescribed for its payment, the whole of the unpaid tax shall be paid upon notice and demand from the Secretary.
"(iii)
"(5)
"(A)
"(i) the 500 wine gallon amount specified in paragraph (2),
"(ii) the $800 amount specified in paragraph (3), and
"(iii) the $500,000 amount specified in paragraph (4)(C)(iii),
shall be apportioned among the dealers who are component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term 'controlled group' has the meaning given to such term by subsection (a) of section 1563 of the Internal Revenue Code of 1986; except that for such purposes the phrase 'more than 50 percent' shall be substituted for the phrase 'at least 80 percent' each place it appears in such subsection.
"(B)
"(6)
"(7)
"(A)
"(i) any wholesale dealer in liquors (as defined in section 5112(b) of the Internal Revenue Code of 1986), and
"(ii) any retail dealer in liquors (as defined in section 5122(a) of such Code).
"(B)
"(C)
"(D)
"(E)
"(F)
"(i) internal revenue taxes have been determined, or customs duties liquidated, with respect to such distilled spirits before such date pursuant to a request made under the first proviso of section 3(a) of such Act [
"(ii) such distilled spirits are held on such date under the supervision of customs pursuant to the second proviso of such section 3(a).
Under regulations prescribed by the Secretary, provisions similar to sections 5062 and 5064 of such Code shall apply to distilled spirits with respect to which tax is imposed by paragraph (1) by reason of this subparagraph."
Cross References
Application of part to Puerto Rico and Virgin Islands, see
Collection of tax on distilled spirits, see
Exemption from rectifying and spirits taxes, see
Lien for tax, see
Method of collecting tax, see
Persons liable for tax, see
Section Referred to in Other Sections
This section is referred to in
§5002. Definitions
(a) In general
For purposes of this chapter—
(1) Distilled spirits plant
The term "distilled spirits plant" means an establishment which is qualified under subchapter B to perform any distilled spirits operation.
(2) Distilled spirits operation
The term "distilled spirits operation" means any operation for which qualification is required under subchapter B.
(3) Bonded premises
The term "bonded premises", when used with respect to distilled spirits, means the premises of a distilled spirits plant, or part thereof, on which distilled spirits operations are authorized to be conducted.
(4) Distiller
The term "distiller" includes any person who—
(A) produces distilled spirits from any source or substance,
(B) brews or makes mash, wort, or wash fit for distillation or for the production of distilled spirits (other than the making or using of mash, wort, or wash in the authorized production of wine or beer, or the production of vinegar by fermentation),
(C) by any process separates alcoholic spirits from any fermented substance, or
(D) making or keeping mash, wort, or wash, has a still in his possession or use.
(5) Processor
(A) In general
The term "processor", when used with respect to distilled spirits, means any person who—
(i) manufactures, mixes, or otherwise processes distilled spirits, or
(ii) manufactures any article.
(B) Rectifier, bottler, etc., included
The term "processor" includes (but is not limited to) a rectifier, bottler, and denaturer.
(6) Certain operations not treated as processing
In applying paragraph (5), there shall not be taken into account—
(A) Operations as distiller
Any process which is the operation of a distiller.
(B) Mixing of taxpaid spirits for immediate consumption
Any mixing (after determination of tax) of distilled spirits for immediate consumption.
(C) Use by apothecaries
Any process performed by an apothecary with respect to distilled spirits which such apothecary uses exclusively in the preparation or making up of medicines unfit for use for beverage purposes.
(7) Warehouseman
The term "warehouseman", when used with respect to distilled spirits, means any person who stores bulk distilled spirits.
(8) Distilled spirits
The terms "distilled spirits", "alcoholic spirits", and "spirits" mean that substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced).
(9) Bulk distilled spirits
The term "bulk distilled spirits" means distilled spirits in a container having a capacity in excess of 1 wine gallon.
(10) Proof spirits
The term "proof spirits" means that liquid which contains one-half its volume of ethyl alcohol of a specific gravity of 0.7939 at 60 degrees Fahrenheit (referring to water at 60 degrees Fahrenheit as unity).
(11) Proof gallon
The term "proof gallon" means a United States gallon of proof spirits, or the alcoholic equivalent thereof.
(12) Container
The term "container", when used with respect to distilled spirits, means any receptacle, vessel, or form of package, bottle, tank, or pipeline used, or capable of use, for holding, storing, transferring, or conveying distilled spirits.
(13) Approved container
The term "approved container", when used with respect to distilled spirits, means a container the use of which is authorized by regulations prescribed by the Secretary.
(14) Article
Unless another meaning is distinctly expressed or manifestly intended, the term "article" means any substance in the manufacture of which denatured distilled spirits are used.
(15) Export
The terms "export", "exported", and "exportation" include shipments to a possession of the United States.
(b) Cross references
(1) For definition of manufacturer of stills, see section 5102.
(2) For definition of dealer, see section 5112(a).
(3) For definitions of wholesale dealers, see section 5112.
(4) For definitions of retail dealers, see section 5122.
(5) For definitions of general application to this title, see
(Added
Prior Provisions
A prior section 5002, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsec. (a)(6), (9), and (11) of this section were contained in prior sections 5213(a)(1) and 5319(1), (2), and (7), act Aug. 16, 1954, ch. 736,
Amendments
1994—Subsec. (b)(1) to (6).
1979—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (a)(4).
Subsec. (a)(5) to (7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10) to (15).
Subsec. (b).
1976—Subsec. (a)(10).
1965—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1965 Amendment
Section 807(c) of
Section Referred to in Other Sections
This section is referred to in
§5003. Cross references to exemptions, etc.
(1) For provisions authorizing the withdrawal of distilled spirits free of tax for use by Federal or State agencies, see sections 5214(a)(2) and 5313.
(2) For provisions authorizing the withdrawal of distilled spirits free of tax by nonprofit educational organizations, scientific universities or colleges of learning, laboratories, hospitals, blood banks, sanitariums, and charitable clinics, see section 5214(a)(3).
(3) For provisions authorizing the withdrawal of certain imported distilled spirits from customs custody without payment of tax, see section 5232.
(4) For provisions authorizing the withdrawal of denatured distilled spirits free of tax, see section 5214(a)(1).
(5) For provisions exempting from tax distilled spirits for use in production of vinegar by the vaporizing process, see section 5505(j).
(6) For provisions relating to the withdrawal of wine spirits without payment of tax for use in the production of wine, see section 5373.
(7) For provisions exempting from tax volatile fruit-flavor concentrates, see section 5511.
(8) For provisions authorizing the withdrawal of distilled spirits from bonded premises without payment of tax for export, see section 5214(a)(4).
(9) For provisions authorizing withdrawal of distilled spirits without payment of tax to customs bonded warehouses for export, see section 5214(a)(9).
(10) For provisions relating to withdrawal of distilled spirits without payment of tax as supplies for certain vessels and aircraft, see
(11) For provisions authorizing regulations for withdrawal of distilled spirits for use of United States free of tax, see section 7510.
(12) For provisions relating to withdrawal of distilled spirits without payment of tax to foreign-trade zones, see
(13) For provisions relating to exemption from tax of taxable articles going into the possessions of the United States, see section 7653(b).
(14) For provisions authorizing the withdrawal of distilled spirits without payment of tax for use in certain research, development, or testing, see section 5214(a)(10).
(15) For provisions authorizing the withdrawal of distilled spirits without payment of tax for transfer to manufacturing bonded warehouses for manufacturing for export, see section 5214(a)(6).
(16) For provisions authorizing the withdrawal of articles from the bonded premises of a distilled spirits plant free of tax when contained in an article, see section 5214(a)(11).
(17) For provisions relating to allowance for certain losses in bond, see section 5008(a).
(Added
Prior Provisions
A prior section 5003, act Aug. 16, 1954, ch. 736,
Amendments
1979—Par. (9).
Pars. (15) to (17).
1977—Par. (9).
Par. (14).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 7 of
§5004. Lien for tax
(a) Distilled spirits subject to lien
(1) General
The tax imposed by section 5001(a)(1) shall be a first lien on the distilled spirits from the time the spirits are in existence as such until the tax is paid.
(2) Exceptions
The lien imposed by paragraph (1), or any similar lien imposed on the spirits under prior provisions of internal revenue law, shall terminate in the case of distilled spirits produced on premises qualified under internal revenue law for the production of distilled spirits when such distilled spirits are—
(A) withdrawn from bonded premises on determination of tax; or
(B) withdrawn from bonded premises free of tax under provisions of section 5214(a)(1), (2), (3), (11), or (12), or section 7510; or
(C) exported, deposited in a foreign-trade zone, used in the production of wine, laden as supplies upon, or used in the maintenance or repair of, certain vessels or aircraft, deposited in a customs bonded warehouse, or used in certain research, development, or testing, as provided by law.
(b) Cross reference
For provisions relating to extinguishing of lien in case of redistillation, see section 5223(e).
(Added
Prior Provisions
A prior section 5004, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsec. (b)(1) of this section were contained in prior section 5007(e)(1), act Aug. 16, 1954, ch. 736,
Amendments
1980—Subsec. (a)(2)(B).
1979—Subsec. (a)(2)(B).
Subsecs. (b), (c).
1977—Subsec. (a)(2).
1976—Subsec. (b)(3)(B), (4).
1965—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1965 Amendment
Section 805(g)(2) of
Cross References
Application of part to Puerto Rico and Virgin Islands, see
Lien for taxes generally, see
Section Referred to in Other Sections
This section is referred to in
§5005. Persons liable for tax
(a) General
The distiller or importer of distilled spirits shall be liable for the taxes imposed thereon by section 5001(a)(1).
(b) Domestic distilled spirits
(1) Liability of persons interested in distilling
Every proprietor or possessor of, and every person in any manner interested in the use of, any still, distilling apparatus, or distillery, shall be jointly and severally liable for the taxes imposed by law on the distilled spirits produced therefrom.
(2) Exception
A person owning or having the right of control of not more than 10 percent of any class of stock of a corporate proprietor of a distilled spirits plant shall not be deemed to be a person liable for the tax for which such proprietor is liable under the provisions of paragraph (1). This exception shall not apply to an officer or director of such corporate proprietor.
(c) Proprietors of distilled spirits plants
(1) Bonded storage
Every person operating bonded premises of a distilled spirits plant shall be liable for the internal revenue tax on all distilled spirits while the distilled spirits are stored on such premises, and on all distilled spirits which are in transit to such premises (from the time of removal from the transferor's bonded premises) pursuant to application made by him. Such liability for the tax on distilled spirits shall continue until the distilled spirits are transferred or withdrawn from bonded premises as authorized by law, or until such liability for tax is relieved by reason of the provisions of section 5008(a). Nothing in this paragraph shall relieve any person from any liability imposed by subsection (a) or (b).
(2) Transfers in bond
When distilled spirits are transferred in bond in accordance with the provisions of section 5212, persons liable for the tax on such spirits under subsection (a) or (b), or under any similar prior provisions of internal revenue law, shall be relieved of such liability, if proprietors of transferring and receiving premises are independent of each other and neither has a proprietary interest, directly or indirectly, in the business of the other, and all persons liable for the tax under subsection (a) or (b), or under any similar prior provisions of internal revenue law, have divested themselves of all interest in the spirits so transferred. Such relief from liability shall be effective from the time of removal from the transferor's bonded premises, or from the time of divestment of interest, whichever is later.
(d) Withdrawals free of tax
All persons liable for the tax under subsection (a) or (b), or under any similar prior provisions of internal revenue law, shall be relieved of such liability as to distilled spirits withdrawn free of tax under the provisions of section 5214(a)(1), (2), (3), (11), or (12), or under section 7510, at the time such spirits are so withdrawn from bonded premises.
(e) Withdrawals without payment of tax
(1) Liability for tax
Any person who withdraws distilled spirits from the bonded premises of a distilled spirits plant without payment of tax, as provided in section 5214(a)(4), (5), (6), (7), (8), (9), (10), or (13), shall be liable for the internal revenue tax on such distilled spirits, from the time of such withdrawal; and all persons liable for the tax on such distilled spirits under subsection (a) or (b), or under any similar prior provisions of internal revenue law, shall, at the time of such withdrawal, be relieved of any such liability on the distilled spirits so withdrawn if the person withdrawing such spirits and the person, or persons, liable for the tax under subsection (a) or (b), or under any similar prior provisions of internal revenue law, are independent of each other and neither has a proprietary interest, directly or indirectly, in the business of the other, and all persons liable for the tax under subsection (a) or (b), or under any similar prior provisions of internal revenue law, have divested themselves of all interest in the spirits so withdrawn.
(2) Relief from liability
All persons liable for the tax on distilled spirits under paragraph (1) of this subsection, or under subsection (a) or (b), or under any similar prior provisions of internal revenue law, shall be relieved of any such liability at the time, as the case may be, the distilled spirits are exported, deposited in a foreign-trade zone, used in the production of wine, used in the production of nonbeverage wine or wine products, deposited in customs bonded warehouses, laden as supplies upon, or used in the maintenance or repair of, certain vessels or aircraft, or used in certain research, development, or testing, as provided by law.
(f) Cross references
(1) For provisions requiring bond covering operations at, and withdrawals from, distilled spirits plants, see section 5173.
(2) For provisions relating to transfer of tax liability to redistiller in case of redistillation, see section 5223.
(3) For liability for tax on denatured distilled spirits, articles, and volatile fruit-flavor concentrates, see section 5001(a)(5) and (6).
(4) For liability for tax on distilled spirits withdrawn free of tax, see section 5001(a)(4).
(5) For liability of wine producer for unlawfully using wine spirits withdrawn for the production of wine, see section 5391.
(6) For provisions relating to transfer of tax liability for wine, see section 5043(a)(1)(A).
(Added
Prior Provisions
A prior section 5005, acts Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsec. (c)(1), (2) of this section were contained in prior sections 5194(f), 5217(a), and 5232(a), act Aug. 16, 1954, ch. 736,
Amendments
1994—Subsec. (f)(3).
Subsec. (f)(4).
1984—Subsec. (e)(1).
Subsec. (e)(2).
1980—Subsec. (d).
1979—Subsec. (c)(3).
Subsec. (d).
Subsec. (f)(1).
Subsec. (f)(6).
1977—Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(2).
1976—Subsec. (c)(2).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 1905(d) of
Cross References
Application of part to Puerto Rico and Virgin Islands, see
§5006. Determination of tax
(a) Requirements
(1) In general
Except as otherwise provided in this section, the tax on distilled spirits shall be determined when the spirits are withdrawn from bond. Such tax shall be determined by such means as the Secretary shall by regulations prescribe, and with the use of such devices and apparatus (including but not limited to tanks and pipelines) as the Secretary may require. The tax on distilled spirits withdrawn from the bonded premises of a distilled spirits plant shall be determined upon completion of the gauge for determination of tax and before withdrawal from bonded premises, under such regulations as the Secretary shall prescribe.
(2) Distilled spirits not accounted for
If the Secretary finds that the distiller has not accounted for all the distilled spirits produced by him, he shall, from all the evidence he can obtain, determine what quantity of distilled spirits was actually produced by such distiller, and an assessment shall be made for the difference between the quantity reported and the quantity shown to have been actually produced at the rate of tax imposed by law for every proof gallon.
(b) Taxable loss
(1) On original quantity
Where there is evidence satisfactory to the Secretary that there has been any loss of distilled spirits from any cask or other package deposited on bonded premises, other than a loss which by reason of section 5008(a) is not taxable, the Secretary may require the withdrawal from bonded premises of such distilled spirits, and direct the officer designated by him to collect the tax accrued on the original quantity of distilled spirits entered for deposit on bonded premises in such cask or package; except that, under regulations prescribed by the Secretary, when the extent of any loss from causes other than theft or unauthorized voluntary destruction can be established by the proprietor to the satisfaction of the Secretary an allowance of the tax on the loss so established may be credited against the tax on the original quantity. If such tax is not paid on demand it shall be assessed and collected as other taxes are assessed and collected.
(2) Alternative method
Where there is evidence satisfactory to the Secretary that there has been access, other than is authorized by law, to the contents of casks or packages stored on bonded premises, and the extent of such access is such as to evidence a lack of due diligence or a failure to employ necessary and effective controls on the part of the proprietor, the Secretary (in lieu of requiring the casks or packages to which such access has been had to be withdrawn and tax paid on the original quantity of distilled spirits entered for deposit on bonded premises in such casks or packages as provided in paragraph (1)) may assess an amount equal to the tax on 5 proof gallons of distilled spirits at the prevailing rate on each of the total number of such casks or packages as determined by him.
(3) Application of subsection
The provisions of this subsection shall apply to distilled spirits which are filled into casks or packages, as authorized by law, after entry and deposit on bonded premises, whether by recasking, filling from storage tanks, consolidation of packages, or otherwise; and the quantity filled into such casks or packages shall be deemed to be the original quantity for the purpose of this subsection, in the case of loss from such casks or packages.
(c) Distilled spirits not bonded
(1) General
The tax on any distilled spirits, removed from the place where they were distilled and (except as otherwise provided by law) not deposited in storage on bonded premises of a distilled spirits plant, shall, at any time within the period of limitation provided in section 6501, when knowledge of such fact is obtained by the Secretary, be assessed on the distiller of such distilled spirits (or other person liable for the tax) and payment of such tax immediately demanded and, on the neglect or refusal of payment, the Secretary shall proceed to collect the same by distraint. This paragraph shall not exclude any other remedy or proceeding provided by law.
(2) Production at other than qualified plants
Except as otherwise provided by law, the tax on any distilled spirits produced in the United States at any place other than a qualified distilled spirits plant shall be due and payable immediately upon production.
(d) Unlawfully imported distilled spirits
Distilled spirits smuggled or brought into the United States unlawfully shall, for purposes of this chapter, be held to be imported into the United States, and the internal revenue tax shall be due and payable at the time of such importation.
(e) Cross reference
For provisions relating to removal of distilled spirits from bonded premises on determination of tax, see section 5213.
(Added
Prior Provisions
A prior section 5006, acts Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsecs. (a)(2)(A), (3) of this section were contained in prior sections 5007(e)(1) and 5232(a), act Aug. 16, 1954, ch. 736,
Amendments
1979—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b)(1).
Subsec. (b)(2), (3).
1976—Subsecs. (a) to (c).
Effective Date of 1979 Amendment
Amendment by
Application of 1972 Amendments to Prior Sections
Section 206(f) of
"(1) The amendments made by this section [amending this section and
"(A) distilled spirits which on the date of the enactment of this Act [Sept. 2, 1958] are in internal revenue bonded warehouses or are in transit to or between such warehouses, and in respect of which the 8-year bonding period has not expired before the date of enactment of this Act; and
"(B) distilled spirits which after the date of the enactment of this Act [Sept. 2, 1958] are entered for deposit in an internal revenue bonded warehouse.
"(2) If the 8 years from the date of original entry of any distilled spirits for deposit in internal revenue bonded warehouses expires at any time during the 10-day period which begins on the date of the enactment of this Act [Sept. 2, 1958], the amendments made by this section shall apply with respect to such spirits if (and only if) before the close of such 10-day period there is filed with the Secretary of the Treasury or his delegate either—
"(A) a consent of surety which changes (for periods on and after the date of the enactment of this Act) the condition based on the withdrawal of spirits from the internal revenue bonded warehouse within 8 years from the date of original entry for deposit to a condition based on the withdrawal of spirits from the internal revenue bonded warehouse within 20 years from the date of original entry for deposit, or
"(B) a bond which applies to periods on and after the date of the enactment of this Act and which satisfies the requirements of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended by this section, and is conditioned on the withdrawal of spirits from the internal revenue bonded warehouse within 20 years from the date of original entry for deposit."
Section Referred to in Other Sections
This section is referred to in
§5007. Collection of tax on distilled spirits
(a) Tax on distilled spirits removed from bonded premises
The tax on domestic distilled spirits and on distilled spirits removed from customs custody under section 5232 shall be paid in accordance with section 5061.
(b) Collection of tax on imported distilled spirits
The internal revenue tax imposed by section 5001(a)(1) and (2) upon imported distilled spirits shall be collected by the Secretary and deposited as internal revenue collections, under such regulations as the Secretary may prescribe. Section 5688 shall be applicable to the disposition of imported spirits.
(c) Cross references
(1) For authority of the Secretary to make determinations and assessments of internal revenue taxes and penalties, see section 6201(a).
(2) For authority to assess tax on distilled spirits not bonded, see section 5006(c).
(3) For provisions relating to payment of tax, under certain conditions, on distilled spirits withdrawn free of tax, denatured distilled spirits, articles, and volatile fruit-flavor concentrates, see section 5001(a)(4), (5), and (6).
(Added
Prior Provisions
A prior section 5007, act Aug. 16, 1954, ch. 736,
Prior section 5007(c) related to "payment of tax on alcoholic compounds from Puerto Rico and Virgin Islands". See
Prior section 5007(e)(1) related to "assessment for deficiencies in production and excess of materials used" and "requirement". See
Prior section 5007(e)(2) related to "relief from assessment for deficiencies in production and excess of materials used" and is obsolete.
Amendments
1994—Subsec. (b).
Subsec. (c)(3).
1979—Subsec. (a).
1976—Subsec. (a)(2).
Subsec. (b)(1).
Subsecs. (b)(2), (c)(1).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1905(b)(2)(A) of
§5008. Abatement, remission, refund, and allowance for loss or destruction of distilled spirits
(a) Distilled spirits lost or destroyed in bond
(1) Extent of loss allowance
No tax shall be collected in respect of distilled spirits lost or destroyed while in bond, except that such tax shall be collected—
(A) Theft
In the case of loss by theft, unless the Secretary finds that the theft occurred without connivance, collusion, fraud, or negligence on the part of the proprietor of the distilled spirits plant, owner, consignor, consignee, bailee, or carrier, or the employees or agents of any of them;
(B) Voluntary destruction
In the case of voluntary destruction, unless such destruction is carried out as provided in subsection (b); and
(C) Unexplained shortage
In the case of an unexplained shortage of bottled distilled spirits.
(2) Proof of loss
In any case in which distilled spirits are lost or destroyed, whether by theft or otherwise, the Secretary may require the proprietor of the distilled spirits plant or other person liable for the tax to file a claim for relief from the tax and submit proof as to the cause of such loss. In every case where it appears that the loss was by theft, the burden shall be upon the proprietor of the distilled spirits plant or other person responsible for the distilled spirits tax to establish to the satisfaction of the Secretary that such loss did not occur as the result of connivance, collusion, fraud, or negligence on the part of the proprietor of the distilled spirits plant, owner, consignor, consignee, bailee, or carrier, or the employees or agents of any of them.
(3) Refund of tax
In any case where the tax would not be collectible by virtue of paragraph (1), but such tax has been paid, the Secretary shall refund such tax.
(4) Limitations
Except as provided in paragraph (5), no tax shall be abated, remitted, credited, or refunded under this subsection where the loss occurred after the tax was determined (as provided in section 5006(a)). The abatement, remission, credit, or refund of taxes provided for by paragraphs (1) and (3) in the case of loss of distilled spirits by theft shall only be allowed to the extent that the claimant is not indemnified against or recompensed in respect of the tax for such loss.
(5) Applicability
The provisions of this subsection shall extend to and apply in respect of distilled spirits lost after the tax was determined and before completion of the physical removal of the distilled spirits from the bonded premises.
(b) Voluntary destruction
The proprietor of the distilled spirits plant or other persons liable for the tax imposed by this chapter or by section 7652 with respect to any distilled spirits in bond may voluntarily destroy such spirits, but only if such destruction is under such supervision and under such regulations as the Secretary may prescribe.
(c) Distilled spirits returned to bonded premises
(1) In general
Whenever any distilled spirits withdrawn from bonded premises on payment or determination of tax are returned to the bonded premises of a distilled spirits plant under section 5215(a), the Secretary shall abate or (without interest) credit or refund the tax imposed under section 5001(a)(1) (or the tax equal to such tax imposed under section 7652) on the spirits so returned.
(2) Claim must be filed within 6 months of return of spirits
No allowance under paragraph (1) may be made unless claim therefor is filed within 6 months of the date of the return of the spirits. Such claim may be filed only by the proprietor of the distilled spirits plant to which the spirits were returned, and shall be filed in such form as the Secretary may by regulations prescribe.
(d) Distilled spirits withdrawn without payment of tax
The provisions of subsection (a) shall be applicable to loss of distilled spirits occurring during transportation from bonded premises of a distilled spirits plant to—
(1) the port of export, in case of withdrawal under section 5214(a)(4);
(2) the customs manufacturing bonded warehouse, in case of withdrawal under section 5214(a)(6);
(3) the vessel or aircraft, in case of withdrawal under section 5214(a)(7);
(4) the foreign-trade zone, in case of withdrawal under section 5214(a)(8); and
(5) the customs bonded warehouse in the case of withdrawal under sections 5066 and 5214(a)(9).
The provisions of subsection (a) shall be applicable to loss of distilled spirits withdrawn from bonded premises without payment of tax under section 5214(a)(10) for certain research, development, or testing, until such distilled spirits are used as provided by law.
(e) Other laws applicable
All provisions of law, including penalties, applicable in respect of the internal revenue tax on distilled spirits, shall, insofar as applicable and not inconsistent with subsection (c), be applicable to the credits or refunds provided for under such subsection to the same extent as if such credits or refunds constituted credits or refunds of such tax.
(f) Cross reference
For provisions relating to allowance for loss in case of wine spirits withdrawn for use in wine production, see section 5373(b)(3).
(Added
Prior Provisions
A prior section 5008, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsecs. (a)(1) to (4) and (f)(1), (2) of this section were contained in prior sections 5011(a)(1) to (4), 5023, 5247(e) and 5522(b), act Aug. 16, 1954, ch. 736,
Amendments
1979—Subsec. (a)(1)(C).
Subsec. (a)(5).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g), (h).
1977—Subsec. (d).
Subsec. (f)(5).
1976—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2), (3).
Subsec. (c)(5).
Subsec. (d)(1).
1971—Subsec. (b)(2).
Subsec. (c)(1)(A).
Subsec. (c)(5).
1968—Subsec. (c)(1).
1965—Subsec. (d)(2).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1905(a)(2) of
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1968 Amendment
Section 4 of
"(a) For purposes of subsection (b), the effective date of this Act is the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Oct. 22, 1968].
"(b) The amendments made by the first section of this Act [amending this section] shall apply only to losses sustained on or after such effective date. The amendments made by section 2 [amending
Effective Date of 1965 Amendment
Section 805(g)(1) of
Distilled Spirits Returned to Bonded Premises of Distilled Spirits Plant During 1980
Subsec. (c)(1) of this section to be treated as including a reference to
Section Referred to in Other Sections
This section is referred to in
[§5009. Repealed. Pub. L. 96–39, title VIII, §807(a)(7), July 26, 1979, 93 Stat. 281 ]
Section, added
A prior section 5009, act Aug. 16, 1954, ch. 736,
Effective Date of Repeal
Repeal effective Jan. 1, 1980, see section 810 of
§5010. Credit for wine content and for flavors content
(a) Allowance of credit
(1) Wine content
On each proof gallon of the wine content of distilled spirits, there shall be allowed a credit against the tax imposed by section 5001 (or 7652) equal to the excess of—
(A) $13.50, over
(B) the rate of tax which would be imposed on the wine under section 5041(b) but for its removal to bonded premises.
(2) Flavors content
On each proof gallon of the flavors content of distilled spirits, there shall be allowed a credit against the tax imposed by section 5001 (or 7652) equal to $13.50.
(3) Fractional part of proof gallon
In the case of any fractional part of a proof gallon of the wine content, or of the flavors content, of distilled spirits, a proportionate credit shall be allowed.
(b) Time for determining and allowing credit
(1) In general
The credit allowable by subsection (a)—
(A) shall be determined at the same time the tax is determined under section 5006 (or 7652) on the distilled spirits containing the wine or flavors, and
(B) shall be allowable at the time the tax imposed by section 5001 (or 7652) on such distilled spirits is payable as if the credit allowable by this section constituted a reduction in the rate of tax.
(2) Determination of content in the case of imports
For purposes of this section, the wine content, and the flavors content, of imported distilled spirits shall be established by such chemical analysis, certification, or other methods as may be set forth in regulations prescribed by the Secretary.
(c) Definitions
For purposes of this section—
(1) Wine content
(A) In general
The term "wine content" means alcohol derived from wine.
(B) Wine
The term "wine"—
(i) means wine on which tax would be imposed by paragraph (1), (2), or (3) of section 5041(b) but for its removal to bonded premises, and
(ii) does not include any substance which has been subject to distillation at a distilled spirits plant after receipt in bond.
(2) Flavors content
(A) In general
Except as provided in subparagraph (B), the term "flavors content" means alcohol derived from flavors of a type for which drawback is allowable under section 5134.
(B) Exceptions
The term "flavors content" does not include—
(i) alcohol derived from flavors made at a distilled spirits plant,
(ii) alcohol derived from flavors distilled at a distilled spirits plant, and
(iii) in the case of any distilled spirits product, alcohol derived from flavors to the extent such alcohol exceeds (on a proof gallon basis) 2½ percent of the finished product.
(Added
Prior Provisions
A prior section 5010, act Aug. 16, 1954, ch. 736,
A prior section 5011, act Aug. 16, 1954, ch. 736,
A prior section 5012, act Aug. 16, 1954, ch. 736,
Amendments
1990—Subsec. (a)(1), (2).
1988—Subsec. (c)(2)(B).
1984—Subsec. (a)(1), (2).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 5063(b) of
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section 6(c) of
[Subpart B—Repealed]
[§§5021 to 5026. Repealed. Pub. L. 96–39, title VIII, §803(a), July 26, 1979, 93 Stat. 274 ]
Section 5021, added
A prior section 5021, act Aug. 16, 1954, ch. 736,
Section 5022, added
A prior section 5022, acts Aug. 16, 1954, ch. 736,
Section 5023, added
A prior section 5023, act Aug. 16, 1954, ch. 736,
Section 5024, added
A prior section 5024, act Aug. 16, 1954, ch. 736,
Section 5025, added
A prior section 5025, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising
Section 5026, added
A prior section 5026, act Aug. 16, 1954, ch. 736,
A prior section 5027, act Aug. 16, 1954, ch. 736,
A prior section 5028, act Aug. 16, 1954, ch. 736,
Effective Date of Repeal
Repeal effective Jan. 1, 1980, see section 810 of
Subpart C—Wines
Prior Provisions
A prior subpart C, comprising sections 5041 to 5045, related to wines, prior to the general revision of this chapter by
Subpart Referred to in Other Sections
This subpart is referred to in
§5041. Imposition and rate of tax
(a) Imposition
There is hereby imposed on all wines (including imitation, substandard, or artificial wine, and compounds sold as wine) having not in excess of 24 percent of alcohol by volume, in bond in, produced in, or imported into, the United States, taxes at the rates shown in subsection (b), such taxes to be determined as of the time of removal for consumption or sale. All wines containing more than 24 percent of alcohol by volume shall be classed as distilled spirits and taxed accordingly. Still wines shall include those wines containing not more than 0.392 gram of carbon dioxide per hundred milliliters of wine; except that the Secretary may by regulations prescribe such tolerances to this maximum limitation as may be reasonably necessary in good commercial practice.
(b) Rates of tax
(1) On still wines containing not more than 14 percent of alcohol by volume, $1.07 per wine gallon;
(2) On still wines containing more than 14 percent and not exceeding 21 percent of alcohol by volume, $1.57 per wine gallon;
(3) On still wines containing more than 21 percent and not exceeding 24 percent of alcohol by volume, $3.15 per wine gallon;
(4) On champagne and other sparkling wines, $3.40 per wine gallon; and
(5) On artificially carbonated wines, $3.30 per wine gallon.
(c) Credit for small domestic producers
(1) Allowance of credit
Except as provided in paragraph (2), in the case of a person who produces not more than 250,000 wine gallons of wine during the calendar year, there shall be allowed as a credit against any tax imposed by this title (other than chapters 2, 21, and 22) of 90 cents per wine gallon on the 1st 100,000 wine gallons of wine (other than wine described in subsection (b)(4)) which are removed during such year for consumption or sale and which have been produced at qualified facilities in the United States.
(2) Reduction in credit
The credit allowable by paragraph (1) shall be reduced (but not below zero) by 1 percent for each 1,000 wine gallons of wine produced in excess of 150,000 wine gallons of wine during the calendar year.
(3) Time for determining and allowing credit
The credit allowable by paragraph (1)—
(A) shall be determined at the same time the tax is determined under subsection (a) of this section, and
(B) shall be allowable at the time any tax described in paragraph (1) is payable as if the credit allowable by this subsection constituted a reduction in the rate of such tax.
(4) Controlled groups
Rules similar to rules of section 5051(a)(2)(B) shall apply for purposes of this subsection.
(5) Denial of deduction
Any deduction under subtitle A with respect to any tax against which a credit is allowed under this subsection shall only be for the amount of such tax as reduced by such credit.
(6) Regulations
The Secretary may prescribe such regulations as may be necessary to prevent the credit provided in this subsection from benefiting any person who produces more than 250,000 wine gallons of wine during a calendar year and to assure proper reduction of such credit for persons producing more than 150,000 wine gallons of wine during a calendar year.
(d) Wine gallon
For the purpose of this chapter, the term "wine gallon" means a United States gallon of liquid measure equivalent to the volume of 231 cubic inches. On lesser quantities the tax shall be paid proportionately (fractions of less than one-tenth gallon being converted to the nearest one-tenth gallon, and five-hundredths gallon being converted to the next full one-tenth gallon).
(e) Tolerances
Where the Secretary finds that the revenue will not be endangered thereby, he may by regulation prescribe tolerances (but not greater than ½ of 1 percent) for bottles and other containers, and, if such tolerances are prescribed, no assessment shall be made and no tax shall be collected for any excess in any case where the contents of a bottle or other container are within the limit of the applicable tolerance prescribed.
(f) Illegally produced wine
Notwithstanding subsection (a), any wine produced in the United States at any place other than the bonded premises provided for in this chapter shall (except as provided in section 5042 in the case of tax-free production) be subject to tax at the rate prescribed in subsection (b) at the time of production and whether or not removed for consumption or sale.
(Added
Prior Provisions
A prior section 5041, acts Aug. 16, 1954, ch. 736,
Amendments
1990—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
Subsecs. (c) to (f).
1988—Subsecs. (d), (e).
1976—Subsec. (a).
1974—Subsec. (a).
1965—Subsec. (a).
Subsec. (b).
1964—Subsec. (b).
1963—Subsec. (b).
1962—Subsec. (b).
1961—Subsec. (b).
1960—Subsec. (b).
1959—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 6101(b) of
Effective Date of 1974 Amendment
Section 6(b) of
Effective Date of 1965 Amendment
Amendment by section 501(c) of
Section 806(d)(1) of
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Floor Stocks Taxes on Distilled Spirits, Wine, and Beer
Imposition of tax on wine, exception for small domestic producers, exception for certain small wholesale or retail dealers, credit against tax, liability for tax and method of payment, controlled groups, other laws applicable, and definitions, see section 11201(e) of
Cross References
Loss or destruction of wine not taxable under this section, see
Penalty for failure to pay tax imposed on wine, see
Section Referred to in Other Sections
This section is referred to in
§5042. Exemption from tax
(a) Tax-free production
(1) Cider
Subject to regulations prescribed by the Secretary, the noneffervescent product of the normal alcoholic fermentation of apple juice only, which is produced at a place other than a bonded wine cellar and without the use of preservative methods or materials, and which is sold or offered for sale as cider and not as wine or as a substitute for wine, shall not be subject to tax as wine nor to the provisions of subchapter F.
(2) Wine for personal or family use
Subject to regulations prescribed by the Secretary—
(A) Exemption
Any adult may, without payment of tax, produce wine for personal or family use and not for sale.
(B) Limitation
The aggregate amount of wine exempt from tax under this paragraph with respect to any household shall not exceed—
(i) 200 gallons per calendar year if there are 2 or more adults in such household, or
(ii) 100 gallons per calendar year if there is only 1 adult in such household.
(C) Adults
For purposes of this paragraph, the term "adult" means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which wine may be sold to individuals, whichever is greater.
(3) Experimental wine
Subject to regulations prescribed by the Secretary, any scientific university, college of learning, or institution of scientific research may produce, receive, blend, treat, and store wine, without payment of tax, for experimental or research use but not for consumption (other than organoleptical tests) or sale, and may receive such wine spirits without payment of tax as may be necessary for such production.
(b) Cross references
(1) For provisions relating to exemption of tax on losses of wine (including losses by theft or authorized destruction), see section 5370.
(2) For provisions exempting from tax samples of wine, see section 5372.
(3) For provisions authorizing withdrawals of wine free of tax or without payment of tax, see section 5362.
(Added
Prior Provisions
A prior section 5042, act Aug. 16, 1954, ch. 736,
Amendments
1978—Subsec. (a)(2).
1976—Subsec. (a)(1) to (3).
Effective Date of 1978 Amendment
Section 2(c) of
Section Referred to in Other Sections
This section is referred to in
§5043. Collection of taxes on wines
(a) Persons liable for payment
The taxes on wine provided for in this subpart shall be paid—
(1) Bonded wine cellars
In the case of wines removed from any bonded wine cellar, by the proprietor of such bonded wine cellar; except that—
(A) in the case of any transfer of wine in bond as authorized under the provisions of section 5362(b), the liability for payment of the tax shall become the liability of the transferee from the time of removal of the wine from the transferor's premises, and the transferor shall thereupon be relieved of such liability; and
(B) in the case of any wine withdrawn by a person other than such proprietor without payment of tax as authorized under the provisions of section 5362(c), the liability for payment of the tax shall become the liability of such person from the time of the removal of the wine from the bonded wine cellar, and such proprietor shall thereupon be relieved of such liability.
(2) Foreign wine
In the case of foreign wines, by the importer thereof.
(3) Other wines
Immediately, in the case of any wine produced, imported, received, removed, or possessed otherwise than as authorized by law, by any person producing, importing, receiving, removing, or possessing such wine; and all such persons shall be jointly and severally liable for such tax with each other as well as with any proprietor, transferee, or importer who may be liable for the tax under this subsection.
(b) Payment of tax
The taxes on wines shall be paid in accordance with section 5061.
(Added
Prior Provisions
A prior section 5043, act Aug. 16, 1954, ch. 736,
Amendments
1979—Subsec. (a)(1)(A).
1976—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5044. Refund of tax on unmerchantable wine
(a) General
In the case of any wine produced in the United States and returned to bond as unmerchantable under section 5361—
(1) any tax imposed by section 5041 shall, if paid, be refunded or credited, without interest, to the proprietor of the bonded wine cellar to which such wine is delivered; or
(2) if any tax so imposed has not been paid, the person liable for the tax may be relieved of liability therefor,
under such regulations as the Secretary may prescribe. Such regulations may provide that claim for refund or credit under paragraph (1), or relief from liability under paragraph (2), may be made only with respect to minimum quantities specified in such regulations. The burden of proof in all such cases shall be on the applicant.
(b) Date of filing
No claim under subsection (a) shall be allowed unless filed within 6 months after the date of the return of the wine to bond.
(c) Status of wine returned to bond
All provisions of this chapter applicable to wine in bond on the premises of a bonded wine cellar and to removals thereof shall be applicable to wine returned to bond under the provisions of this section.
(Added
Prior Provisions
A prior section 5044, act Aug. 16, 1954, ch. 736,
Amendments
1976—Subsec. (a).
§5045. Cross references
For provisions relating to the establishment and operation of wineries, see subchapter F, and for penalties pertaining to wine, see subchapter J.
(Added
Prior Provisions
A prior section 5045, act Aug. 16, 1954, ch. 736,
Subpart D—Beer
Prior Provisions
A prior subpart D, comprising
§5051. Imposition and rate of tax
(a) Rate of tax
(1) In general
A tax is hereby imposed on all beer brewed or produced, and removed for consumption or sale, within the United States, or imported into the United States. Except as provided in paragraph (2), the rate of such tax shall be $18 for every barrel containing not more than 31 gallons and at a like rate for any other quantity or for fractional parts of a barrel.
(2) Reduced rate for certain domestic production
(A) $7 a barrel rate
In the case of a brewer who produces not more than 2,000,000 barrels of beer during the calendar year, the per barrel rate of the tax imposed by this section shall be $7 on the first 60,000 barrels of beer which are removed in such year for consumption or sale and which have been brewed or produced by such brewer at qualified breweries in the United States.
(B) Controlled groups
In the case of a controlled group, the 2,000,000 barrel quantity specified in subparagraph (A) shall be applied to the controlled group, and the 60,000 barrel quantity specified in subparagraph (A) shall be apportioned among the brewers who are component members of such group in such manner as the Secretary or his delegate shall by regulations prescribed. For purposes of the preceding sentence, the term "controlled group" has the meaning assigned to it by subsection (a) of section 1563, except that for such purposes the phrase "more than 50 percent" shall be substituted for the phrase "at least 80 percent" in each place it appears in such subsection. Under regulations prescribed by the Secretary or his delegate, principles similar to the principles of the preceding two sentences shall be applied to a group of brewers under common control where one or more of the brewers is not a corporation.
(C) Regulations
The Secretary may prescribe such regulations as may be necessary to prevent the reduced rates provided in this paragraph from benefiting any person who produces more than 2,000,000 barrels of beer during a calendar year.
(3) Tolerances
Where the Secretary or his delegate finds that the revenue will not be endangered thereby, he may by regulations prescribe tolerances for barrels and fractional parts of barrels, and, if such tolerances are prescribed, no assessment shall be made and no tax shall be collected for any excess in any case where the contents of a barrel or a fractional part of a barrel are within the limit of the applicable tolerance prescribed.
(b) Assessment on materials used in production in case of fraud
Nothing contained in this subpart or subchapter G shall be construed to authorize an assessment on the quantity of materials used in producing or purchased for the purpose of producing beer, nor shall the quantity of materials so used or purchased be evidence, for the purpose of taxation, of the quantity of beer produced; but the tax on all beer shall be paid as provided in section 5054, and not otherwise; except that this subsection shall not apply to cases of fraud, and nothing in this subsection shall have the effect to change the rules of law respecting evidence in any prosecution or suit.
(c) Illegally produced beer
The production of any beer at any place in the United States shall be subject to tax at the rate prescribed in subsection (a) and such tax shall be due and payable as provided in section 5054(a)(3) unless—
(1) such beer is produced in a brewery qualified under the provisions of subchapter G, or
(2) such production is exempt from tax under section 5053(e) (relating to beer for personal or family use).
(Added
Prior Provisions
A prior section 5051, act Aug. 16, 1954, ch. 736,
Amendments
1990—Subsec. (a)(1).
Subsec. (a)(2)(C).
1978—Subsec. (c).
1976—Subsec. (a).
1965—Subsec. (a).
1964—Subsec. (a).
1963—Subsec. (a).
1962—Subsec. (a).
1961—Subsec. (a).
1960—Subsec. (a).
1959—Subsec. (a).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 2 of
Effective Date of 1965 Amendment
Amendment by
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Floor Stocks Taxes on Distilled Spirits, Wine, and Beer
Imposition of tax on beer, exception for small domestic producers, exception for certain small wholesale or retail dealers, credit against tax, liability for tax and method of payment, controlled groups, other laws applicable, and definitions, see section 11201(e) of
Cross References
Method of collecting tax, see
Penalty and forfeiture for evasion of beer tax, see
Section Referred to in Other Sections
This section is referred to in
§5052. Definitions
(a) Beer
For purposes of this chapter (except when used with reference to distilling or distilling material) the term beer means beer, ale, porter, stout, and other similar fermented beverages (including sake or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
(b) Gallon
For purposes of this subpart, the term gallon means the liquid measure containing 231 cubic inches.
(c) Removed for consumption of sale
Except as provided for in the case of removal of beer without payment of tax, the term "removed for consumption or sale", for the purposes of this subpart means—
(1) Sale of beer
The sale and transfer of possession of beer for consumption at the brewery; or
(2) Removals
Any removal of beer from the brewery.
(d) Brewer
For definition of brewer, see section 5092.
(Added
Prior Provisions
A prior section 5052, act Aug. 16, 1954, ch. 736,
Amendments
1971—Subsec. (c)(2).
Effective Date of 1971 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 23 section 158.
§5053. Exemptions
(a) Removals for export
Beer may be removed from the brewery, without payment of tax, for export, in such containers and under such regulations, and on the giving of such notices, entries, and bonds and other security, as the Secretary may by regulations prescribe.
(b) Removals when unfit for beverage use
When beer has become sour or damaged, so as to be incapable of use as such, a brewer may remove the same from his brewery without payment of tax, for manufacturing purposes, under such regulations as the Secretary may prescribe.
(c) Removals for laboratory analysis
Beer may be removed from the brewery, without payment of tax, for laboratory analysis, subject to such limitations and under such regulations as the Secretary may prescribe.
(d) Removals for research, development, or testing
Under such conditions and regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment relating to beer or brewery operations.
(e) Beer for personal or family use
Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed—
(1) 200 gallons per calendar year if there are 2 or more adults in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in such household.
For purposes of this subsection, the term "adult" means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.
(f) Removal as supplies for certain vessels and aircraft
For exemption as to supplies for certain vessels and aircraft, see section 309 of the Tariff Act of 1930, as amended (
(Added
Prior Provisions
A prior section 5053, act Aug. 16, 1954, ch. 736,
Amendments
1978—Subsecs. (e), (f).
1976—Subsecs. (a) to (d).
1971—Subsecs. (d), (e).
1965—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1965 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5054. Determination and collection of tax on beer
(a) Time of determination
(1) Beer produced in the United States
Except as provided in paragraph (3), the tax imposed by section 5051 on beer produced in the United States shall be determined at the time it is removed for consumption or sale, and shall be paid by the brewer thereof in accordance with section 5061.
(2) Beer imported into the United States
Except as provided in paragraph (4), the tax imposed by section 5051 on beer imported into the United States shall be determined at the time of the importation thereof, or, if entered for warehousing, at the time of removal from the 1st such warehouse.
(3) Illegally produced beer
The tax on any beer produced in the United States shall be due and payable immediately upon production unless—
(A) such beer is produced in a brewery qualified under the provisions of subchapter G, or
(B) such production is exempt from tax under sections 1 5053(e) (relating to beer for personal or family use).
(4) Unlawfully imported beer
Beer smuggled or brought into the United States unlawfully shall, for purposes of this chapter, be held to be imported into the United States, and the internal revenue tax shall be due and payable at the time of such importation.
(b) Tax on returned beer
Beer which has been removed for consumption or sale and is thereafter returned to the brewery shall be subject to all provisions of this chapter relating to beer prior to removal for consumption or sale, including the tax imposed by section 5051. The tax on any such returned beer which is again removed for consumption or sale shall be determined and paid without respect to the tax which was determined at the time of prior removal of the beer for consumption or sale.
(c) Applicability of other provisions of law
All administrative and penal provisions of this title, insofar as applicable, shall apply to any tax imposed by section 5051.
(Added
Prior Provisions
A prior section 5054, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsecs. (a)(1), (2) and (b) to (d) of this section were contained in prior sections 5055 and 5057(a), act Aug. 16, 1954, ch. 736,
Amendments
1988—Subsec. (a)(2).
1986—Subsec. (a)(2).
1978—Subsec. (a)(3).
1976—Subsec. (a)(2).
Subsecs. (c), (d).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1905(a)(5) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "section".
§5055. Drawback of tax
On the exportation of beer, brewed or produced in the United States, the brewer thereof shall be allowed a drawback equal in amount to the tax found to have been paid on such beer, to be paid on submission of such evidence, records and certificates indicating exportation, as the Secretary may by regulations prescribe. For the purpose of this section, exportation shall include delivery for use as supplies on the vessels and aircraft described in section 309 of the Tariff Act of 1930, as amended (
(Added
Prior Provisions
A prior section 5055, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising this section were contained in prior section 5056, act Aug. 16, 1954, ch. 736,
Amendments
1976—
§5056. Refund and credit of tax, or relief from liability
(a) Beer returned or voluntarily destroyed
Any tax paid by any brewer on beer produced in the United States may be refunded or credited to the brewer, without interest, or if the tax has not been paid, the brewer may be relieved of liability therefor, under such regulations as the Secretary may prescribe, if such beer is returned to any brewery of the brewer or is destroyed under the supervision required by such regulations. In determining the amount of tax due on beer removed on any day, the quantity of beer returned to the same brewery from which removed shall be allowed, under such regulations as the Secretary may prescribe, as an offset against or deduction from the total quantity of beer removed from that brewery on the day of such return.
(b) Beer lost by fire, theft, casualty, or act of God
Subject to regulations prescribed by the Secretary, the tax paid by any brewer on beer produced in the United States may be refunded or credited to the brewer, without interest, or if the tax has not been paid, the brewer may be relieved of liability therefor, if such beer is lost, whether by theft or otherwise, or is destroyed or otherwise rendered unmerchantable by fire, casualty, or act of God before the transfer of title thereto to any other person. In any case in which beer is lost or destroyed, whether by theft or otherwise, the Secretary may require the brewer to file a claim for relief from the tax and submit proof as to the cause of such loss. In every case where it appears that the loss was by theft, the first sentence shall not apply unless the brewer establishes to the satisfaction of the Secretary that such theft occurred before removal from the brewery and occurred without connivance, collusion, fraud, or negligence on the part of the brewer, consignor, consignee, bailee, or carrier, or the employees or agents of any of them.
(c) Limitations
No claim under this section shall be allowed (1) unless filed within 6 months after the date of the return, loss, destruction, or rendering unmerchantable or (2) if the claimant was indemnified by insurance or otherwise in respect of the tax.
(Added
Prior Provisions
A prior section 5056, act Aug. 16, 1954, ch. 736,
A prior section 5057, act Aug. 16, 1954, ch. 736,
Amendments
1976—Subsecs. (a), (b).
1971—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1971 Amendment
Section 5 of
Subpart E—General Provisions
Prior Provisions
A prior subpart E, comprising sections 5061 to 5065, related to general provisions, prior to the general revision of this chapter by
Amendments
1978—
1971—
1965—
§5061. Method of collecting tax
(a) Collection by return
The taxes on distilled spirits, wines, and beer shall be collected on the basis of a return. The Secretary shall, by regulation, prescribe the period or event for which such return shall be filed, the time for filing such return, the information to be shown in such return, and the time for payment of such tax.
(b) Exceptions
Notwithstanding the provisions of subsection (a), any taxes imposed on, or amounts to be paid or collected in respect of, distilled spirits, wines, and beer under—
(1) section 5001(a)(4), (5), or (6),
(2) section 5006(c) or (d),
(3) section 5041(e),1
(4) section 5043(a)(3),
(5) section 5054(a)(3) or (4), or
(6) section 5505(a),
shall be immediately due and payable at the time provided by such provisions (or if no specific time for payment is provided, at the time the event referred to in such provision occurs). Such taxes and amounts shall be assessed and collected by the Secretary on the basis of the information available to him in the same manner as taxes payable by return but with respect to which no return has been filed.
(c) Import duties
The internal revenue taxes imposed by this part shall be in addition to any import duties unless such duties are specifically designated as being in lieu of internal revenue tax.
(d) Time for collecting tax on distilled spirits, wines, and beer
(1) In general
Except as otherwise provided in this subsection, in the case of distilled spirits, wines, and beer to which this part applies (other than subsection (b) of this section) which are withdrawn under bond for deferred payment of tax, the last day for payment of such tax shall be the 14th day after the last day of the semimonthly period during which the withdrawal occurs.
(2) Imported articles
In the case of distilled spirits, wines, and beer which are imported into the United States (other than in bulk containers)—
(A) In general
The last day for payment of tax shall be the 14th day after the last day of the semimonthly period during which the article is entered into the customs territory of the United States.
(B) Special rule for entry for warehousing
Except as provided in subparagraph (D), in the case of an entry for warehousing, the last day for payment of tax shall not be later than the 14th day after the last day of the semimonthly period during which the article is removed from the 1st such warehouse.
(C) Foreign trade zones
Except as provided in subparagraph (D) and in regulations prescribed by the Secretary, articles brought into a foreign trade zone shall, notwithstanding any other provision of law, be treated for purposes of this subsection as if such zone were a single customs warehouse.
(D) Exception for articles destined for export
Subparagraphs (B) and (C) shall not apply to any article which is shown to the satisfaction of the Secretary to be destined for export.
(3) Distilled spirits, wines, and beer brought into the United States from Puerto Rico
In the case of distilled spirits, wines, and beer which are brought into the United States (other than in bulk containers) from Puerto Rico, the last day for payment of tax shall be the 14th day after the last day of the semimonthly period during which the article is brought into the United States.
(4) Special rule for tax due in September
(A) In general
Notwithstanding the preceding provisions of this subsection, the taxes on distilled spirits, wines, and beer for the period beginning on September 16 and ending on September 26 shall be paid not later than September 29.
(B) Safe harbor
The requirement of subparagraph (A) shall be treated as met if the amount paid not later than September 29 is not less than 11/15 of the taxes on distilled spirits, wines, and beer for the period beginning on September 1 and ending on September 15.
(C) Taxpayers not required to use electronic funds transfer
In the case of payments not required to be made by electronic funds transfer, subparagraphs (A) and (B) shall be applied by substituting "September 25" for "September 26", "September 28" for "September 29", and "2/3" for "11/15".
(5) Special rule where due date falls on Saturday, Sunday, or holiday
Notwithstanding section 7503, if, but for this paragraph, the due date under this subsection for payment of tax would fall on a Saturday, Sunday, or a legal holiday (within the meaning of section 7503), such due date shall be the immediately preceding day which is not a Saturday, Sunday, or such a holiday (or the immediately following day where the due date described in paragraph (4) falls on a Sunday).
(e) Payment by electronic fund transfer
(1) In general
Any person who in any 12-month period ending December 31, was liable for a gross amount equal to or exceeding $5,000,000 in taxes imposed on distilled spirits, wines, or beer by sections 5001, 5041, and 5051 (or 7652), respectively, shall pay such taxes during the succeeding calendar year by electronic fund transfer to a Federal Reserve Bank.
(2) Electronic fund transfer
The term "electronic fund transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
(3) Controlled groups
(A) In general
In the case of a controlled group of corporations, all corporations which are component members of such group shall be treated as 1 taxpayer. For purposes of the preceding sentence, the term "controlled group of corporations" has the meaning given to such term by subsection (a) of section 1563, except that "more than 50 percent" shall be substituted for "at least 80 percent" each place it appears in such subsection.
(B) Controlled groups which include nonincorporated persons
Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.
(Added
Prior Provisions
A prior section 5061, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising subsec. (d) of this section were contained in former section 5001(c), act Aug. 16, 1954, ch. 736,
Amendments
1994—Subsec. (b)(1).
Subsec. (d)(4).
Subsec. (d)(5).
1990—Subsec. (b)(3).
1988—Subsec. (d)(2)(A), (B), (3).
1986—Subsec. (d).
Subsec. (e)(3).
1984—Subsec. (e).
1979—Subsec. (a).
Subsec. (b).
Subsec. (d).
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Effective Date of 1994 Amendment
Amendment by section 136(c)(5) of
Section 712(e) of
Effective Date of 1990 Amendment
Amendment by section 11201(b)(3) of
Effective Date of 1988 Amendment
Section 2003(b)(2) of
Effective Date of 1986 Amendments
Amendment by
Section 8011(c) of
"(1)
"(2)
"(3)
"(A) taxes imposed on distilled spirits by section 5001 or 7652 of such Code, and
"(B) taxes imposed on tobacco products and cigarette papers and tubes by section 5701 or 7652 of such Code,
for the semimonthly period ending December 15, 1986, the last day for payment of such remittances shall be January 14, 1987.
"(4)
"(A) on June 30, 1986, was in the inventory of the manufacturer or importer, and
"(B) on such date was in a form ready for sale."
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1905(a)(6), (b)(2)(E)(iii) of
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
Transitional Rules Relating to Determination and Payment of Tax
Section 808 of
"(a)
"(b)
"(1)
"(2)
"(3)
"(A) any distilled spirits, wine, or rectification tax previously paid or determined on such controlled stock or wine shall be abated or (without interest) credited or refunded under such regulations as the Secretary shall prescribe, and
"(B) such controlled stock or wine shall be treated as distilled spirits or wine on which tax has not been paid or determined.
"(4)
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be section "5041(f),".
§5062. Refund and drawback in case of exportation
(a) Refund
Under such regulations as the Secretary may prescribe, the amount of any internal revenue tax erroneously or illegally collected in respect to exported articles may be refunded to the exporter of the article, instead of to the manufacturer, if the manufacturer waives any claim for the amount so to be refunded.
(b) Drawback
On the exportation of distilled spirits or wines manufactured, produced, bottled, or packaged in casks or other bulk containers in the United States on which an internal revenue tax has been paid or determined, and which are contained in any cask or other bulk container, or in bottles packed in cases or other containers, there shall be allowed, under regulations prescribed by the Secretary, a drawback equal in amount to the tax found to have been paid or determined on such distilled spirits or wines. In the case of distilled spirits, the preceding sentence shall not apply unless the claim for drawback is filed by the bottler or packager of the spirits and unless such spirits have been marked, especially for export, under regulations prescribed by the Secretary. The Secretary is authorized to prescribe regulations governing the determination and payment or crediting of drawback of internal revenue tax on spirits and wines eligible for drawback under this subsection, including the requirements of such notices, bonds, bills of lading, and other evidence indicating payment or determination of tax and exportation as shall be deemed necessary.
(c) Exportation of imported liquors
(1) Allowance of tax
Upon the exportation of imported distilled spirits, wines, and beer upon which the duties and internal revenue taxes have been paid or determined incident to their importation into the United States, and which have been found after entry to be unmerchantable or not to conform to sample or specifications, and which have been returned to customs custody, the Secretary shall, under such regulations as he shall prescribe, refund, remit, abate, or credit, without interest, to the importer thereof, the full amount of the internal revenue taxes paid or determined with respect to such distilled spirits, wines, or beer.
(2) Destruction in lieu of exportation
At the option of the importer, such imported distilled spirits, wines, and beer, after return to customs custody, may be destroyed under customs supervision and the importer thereof granted relief in the same manner and to the same extent as provided in this subsection upon exportation.
(Added
Prior Provisions
A prior section 5062, act Aug. 16, 1954, ch. 736,
Amendments
1984—Subsec. (b).
1977—Subsec. (b).
1976—Subsecs. (a), (b), (c)(1).
1968—Subsec. (b).
1965—Subsec. (c)(1).
1964—Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1965 Amendment
Amendment by
Effective Date of 1964 Amendment
Section 2 of
Section Referred to in Other Sections
This section is referred to in
[§5063. Repealed. Pub. L. 89–44, title V, §501(e), June 21, 1965, 79 Stat. 150 ]
Section,
A prior section 5063, act Aug. 16, 1954, ch. 736,
Effective Date of Repeal
Repeal applicable on and after July 1, 1965, see section 701(d) of
§5064. Losses resulting from disaster, vandalism, or malicious mischief
(a) Payments
The Secretary, under such regulations as he may prescribe, shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on distilled spirits, wines, and beer previously withdrawn, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of—
(1) fire, flood, casualty, or other disaster, or
(2) breakage, destruction, or other damage (but not including theft) resulting from vandalism or malicious mischief,
if such disaster or damage occurred in the United States and if such distilled spirits, wines, or beer were held and intended for sale at the time of such disaster or other damage. The payments provided for in this section shall be made to the person holding such distilled spirits, wines, or beer for sale at the time of such disaster or other damage.
(b) Claims
(1) Period for making claim; proof
No claim shall be allowed under this section unless—
(A) filed within 6 months after the date on which such distilled spirits, wines, or beer were lost, rendered unmarketable, or condemned by a duly authorized official, and
(B) the claimant furnishes proof satisfactory to the Secretary that the claimant—
(i) was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the distilled spirits, wines, or beer covered by the claim; and
(ii) is entitled to payment under this section.
(2) Minimum claim
Except as provided in paragraph (3)(A), no claim of less than $250 shall be allowed under this section with respect to any disaster or other damage (as the case may be).
(3) Special rules for major disasters
If the President has determined under the Disaster Relief and Emergency Assistance Act that a "major disaster" (as defined in such Act) has occurred in any part of the United States, and if the disaster referred to in subsection (a)(1) occurs in such part of the United States by reason of such major disaster, then—
(A) paragraph (2) shall not apply, and
(B) the filing period set forth in paragraph (1)(A) shall not expire before the day which is 6 months after the date on which the President makes the determination that such major disaster has occurred.
(4) Regulations
Claims under this section shall be filed under such regulations as the Secretary shall prescribe.
(c) Destruction of distilled spirits, wines, or beer
When the Secretary has made payment under this section in respect of the tax, or tax and duty, on the distilled spirits, wines, or beer condemned by a duly authorized official or rendered unmarketable, such distilled spirits, wines, or beer shall be destroyed under such supervision as the Secretary may prescribe, unless such distilled spirits, wines, or beer were previously destroyed under supervision satisfactory to the Secretary.
(d) Products of Puerto Rico
The provisions of this section shall not be applicable in respect of distilled spirits, wines, and beer of Puerto Rican manufacture brought into the United States and so lost or rendered unmarketable or condemned.
(e) Other laws applicable
All provisions of law, including penalties, applicable in respect of internal revenue taxes on distilled spirits, wines, and beer shall, insofar as applicable and not inconsistent with this section, be applied in respect of the payments provided for in this section to the same extent as if such payments constituted refunds of such taxes.
(Added
References in Text
The Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(3), is
Prior Provisions
A prior section 5064, act Aug. 16, 1954, ch. 736,
Amendments
1988—Subsec. (b)(3).
1979—
1978—
Subsec. (a).
Subsec. (b).
1976—Subsecs. (a) to (c).
1974—Subsec. (a).
1970—Subsec. (a).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 1(c) of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date
Section effective July 1, 1959, see section 210(a)(1) of
Exception to Effective Date
Section 210(a)(3) of
Beer Lost by Reason of Floods of 1951 or Hurricanes of 1954
Section 207 of
Losses of Alcoholic Liquors Caused by Disaster
Section 208 of
§5065. Territorial extent of law
The provisions of this part imposing taxes on distilled spirits, wines, and beer shall be held to extend to such articles produced anywhere within the exterior boundaries of the United States, whether the same be within an internal revenue district or not.
(Added
Prior Provisions
A prior section 5065, act Aug. 16, 1954, ch. 736,
Provisions similar to those comprising this section were contained in former section 5064, act Aug. 16, 1954, ch. 736,
§5066. Distilled spirits for use of foreign embassies, legations, etc.
(a) Entry into customs bonded warehouses
(1) Bottled distilled spirits withdrawn from bonded premises
Under such regulations as the Secretary may prescribe, bottled distilled spirits may be withdrawn from bonded premises as provided in section 5214(a)(4) for transfer to customs bonded warehouses in which imported distilled spirits are permitted to be stored in bond for entry therein pending withdrawal therefrom as provided in subsection (b). For the purposes of this chapter, the withdrawal of distilled spirits from bonded premises under the provisions of this paragraph shall be treated as a withdrawal for exportation and all provisions of law applicable to distilled spirits withdrawn for exportation under the provisions of section 5214(a)(4) shall apply with respect to spirits withdrawn under this paragraph.
(2) Bottled distilled spirits eligible for export with benefit of drawback
Under such regulations as the Secretary may prescribe, distilled spirits marked especially for export under the provisions of section 5062(b) may be shipped to a customs bonded warehouse in which imported distilled spirits are permitted to be stored, and entered in such warehouses pending withdrawal therefrom as provided in subsection (b), and the provisions of this chapter shall apply in respect of such distilled spirits as if such spirits were for exportation.
(3) Time deemed exported
For the purposes of this chapter, distilled spirits entered into a customs bonded warehouse as provided in this subsection shall be deemed exported at the time so entered.
(b) Withdrawal from customs bonded warehouses
Notwithstanding any other provisions of law, distilled spirits entered into customs bonded warehouses under the provisions of subsection (a) may, under such regulations as the Secretary may prescribe, be withdrawn from such warehouses for consumption in the United States by and for the official or family use of such foreign governments, organizations, and individuals who are entitled to withdraw imported distilled spirits from such warehouses free of tax. Distilled spirits transferred to customs bonded warehouses under the provisions of this section shall be entered, stored, and accounted for in such warehouses under such regulations and bonds as the Secretary may prescribe, and may be withdrawn therefrom by such governments, organizations, and individuals free of tax under the same conditions and procedures as imported distilled spirits.
(c) Withdrawal for domestic use
Distilled spirits entered into customs bonded warehouses as authorized by this section may be withdrawn therefrom for domestic use, in which event they shall be treated as American goods exported and returned.
(d) Sale or unauthorized use prohibited
No distilled spirits withdrawn from customs bonded warehouses or otherwise brought into the United States free of tax for the official or family use of such foreign governments, organizations, or individuals as are authorized to obtain distilled spirits free of tax shall be sold, or shall be disposed of or possessed for any use other than an authorized use. The provisions of section 5001(a)(5) 1 are hereby extended and made applicable to any person selling, disposing of, or possessing any distilled spirits in violation of the preceding sentence, and to the distilled spirits involved in any such violation.
(Added
References in Text
Section 5001(a)(5), referred to in subsec. (d), was redesignated section 5001(a)(4) by
Prior Provisions
A prior section 5066 was renumbered 5067 of this title.
Amendments
1984—Subsec. (a)(2).
1979—Subsec. (a)(1).
Subsec. (b).
1977—Subsec. (a)(1).
1976—Subsecs. (a), (b).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date
Section 6 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5067. Cross reference
For general administrative provisions applicable to the assessment, collection, refund, etc., of taxes, see subtitle F.
(Added
Prior Provisions
Provisions similar to those comprising this section were contained in former section 5065, act Aug. 16, 1954, ch. 736,
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