Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "26 U.S.C. § 5002"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "51"
chapter_name: "DISTILLED SPIRITS, WINES, AND BEER"
section: "5002"
citation: "26 U.S.C. § 5002"
status: "current"
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release_date: "2026-06-26"
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---
# 26 U.S.C. § 5002 - Definitions
## Text
(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 5121(c)(3).
(3) For definitions of wholesale dealers, see section 5121(c).
(4) For definitions of retail dealers, see section 5122(c).
(5) For definitions of general application to this title, see chapter 79.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1315; amended Pub. L. 8944, title VIII, § 807(a), June 21, 1965, 79 Stat. 164; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 805(e), July 26, 1979, 93 Stat. 278; Pub. L. 103465, title I, § 136(c)(1), Dec. 8, 1994, 108 Stat. 4841; Pub. L. 10959, title XI, § 11125(b)(13), Aug. 10, 2005, 119 Stat. 1956.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5002, act Aug. 16, 1954, ch. 736, 68A Stat. 597, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. 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, 68A Stat. 639, 661, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Subsec. (b)(2). Pub. L. 10959, § 11125(b)(13)(A), substituted “section 5121(c)(3)” for “section 5112(a)”. Subsec. (b)(3). Pub. L. 10959, § 11125(b)(13)(B), substituted “section 5121(c)” for “section 5112”. Subsec. (b)(4). Pub. L. 10959, § 11125(b)(13)(C), substituted “section 5122(c)” for “section 5122”. 1994—Subsec. (b)(1) to (6). Pub. L. 103465 redesignated pars. (2) to (6) as (1) to (5), respectively, and struck out former par. (1) which provided a cross reference to section 5041(c) of this title for definition of “wine gallon”. 1979—Subsec. (a)(1). Pub. L. 9639 substituted “distilled spirits operation” for “operation, or any combination of operations, for which qualification is required under such subchapter”. Subsec. (a)(2), (3). Pub. L. 9639 added par. (2) and redesignated former par. (2) as (3). Former par. (3), defining “bottling premises”, was struck out. Subsec. (a)(4). Pub. L. 9639 redesignated par. (5) as (4). Former par. (4), defining “bonded warehouseman”, was struck out. Subsec. (a)(5) to (7). Pub. L. 9639 added pars. (5) to (7) and redesignated former pars. (5) to (7) as (4), (8), and (10), respectively. Subsec. (a)(8). Pub. L. 9639 redesignated former par. (6) as (8). Former par. (8) redesignated (11). Subsec. (a)(9). Pub. L. 9639 added par. (9) and redesignated par. (9) as (12). Subsec. (a)(10) to (15). Pub. L. 9639 redesignated former pars. (7) to (12) as (10) to (15), respectively. Subsec. (b). Pub. L. 9539 struck out par. (2) which provided for a cross reference to section 5082 for a definition of rectifier and redesignated pars. (3) to (7) as (2) to (6), respectively. 1976—Subsec. (a)(10). Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1965—Subsec. (a). Pub. L. 8944 added par. (12).
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentPub. L. 10959, title XI, § 11125(c), Aug. 10, 2005, 119 Stat. 1957, provided that: “The amendments made by this section [see Tables for classification] shall take effect on July 1, 2008, but shall not apply to taxes imposed for periods before such date.”
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1965 AmendmentPub. L. 8944, title VIII, § 807(c), June 21, 1965, 79 Stat. 164, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 5053 of this title] shall take effect on July 1, 1965.”
@@ -0,0 +1,81 @@
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title: "26 U.S.C. § 5003"
description: "Cross references to exemptions, etc."
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title_number: 26
title_name: "INTERNAL REVENUE CODE"
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citation: "26 U.S.C. § 5003"
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# 26 U.S.C. § 5003 - Cross references to exemptions, etc.
## Text
(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 19 U.S.C. 1309.
(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 19 U.S.C. 81c.
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1316; amended Pub. L. 95176, §§ 3(c), 4(f), Nov. 14, 1977, 91 Stat. 1365, 1366; Pub. L. 9639, title VIII, § 807(a)(1), July 26, 1979, 93 Stat. 280.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5003, act Aug. 16, 1954, ch. 736, 68A Stat. 597, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Par. (9). Pub. L. 9639, § 807(a)(1)(A), struck out “section 5522(a) and” before “section 5214(a)(9)”. Pars. (15) to (17). Pub. L. 9639, § 807(a)(1)(B), added pars. (15) and (16) and redesignated former par. (15) as (17). 1977—Par. (9). Pub. L. 95176, § 3(c), struck out “manufacturing” after “customs” and inserted reference to section 5214(a)(9). Par. (14). Pub. L. 95176, § 4(f), substituted “withdrawal of distilled spirits without payment of tax for use in certain research, development, or testing, see section 5214(a)(10)” for “removal of samples free of tax for making tests or laboratory analyses, see section 5214(a)(9)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentPub. L. 95176, § 7, Nov. 14, 1977, 91 Stat. 1367, provided that: “The amendments made by this Act [amending this section and sections 5004, 5005, 5008, 5025, 5062, 5066, 5175, 5178, 5205, 5207, 5214, 5215, and 5234 of this title] shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Nov. 14, 1977].”
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title: "26 U.S.C. § 5004"
description: "Lien for tax"
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title_name: "INTERNAL REVENUE CODE"
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citation: "26 U.S.C. § 5004"
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---
# 26 U.S.C. § 5004 - Lien for tax
## Text
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1317; amended Pub. L. 8944, title VIII, § 805(f)(1), June 21, 1965, 79 Stat. 161; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 4(c), Nov. 14, 1977, 91 Stat. 1366; Pub. L. 9639, title VIII, § 807(a)(2), July 26, 1979, 93 Stat. 280; Pub. L. 96223, title II, § 232(e)(2)(C), Apr. 2, 1980, 94 Stat. 280.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5004, act Aug. 16, 1954, ch. 736, 68A Stat. 598, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. 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, 68A Stat. 600, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1980—Subsec. (a)(2)(B). Pub. L. 96223 substituted “(11), or (12),” for “or (11),”. 1979—Subsec. (a)(2)(B). Pub. L. 9639, § 807(a)(2)(C), substituted “(3), or (11)” for “or (3)”. Subsecs. (b), (c). Pub. L. 9639, § 807(a)(2)(A), (B), redesignated subsec. (c) as (b). Former subsec. (b), relating to other property subject to lien, was repealed. 1977—Subsec. (a)(2). Pub. L. 95176 struck out reference to par. (9) of section 5214(a) in subpar. (B), and in subpar. (C) substituted “a customs bonded warehouse” for “customs manufacturing bonded warehouses” and provided for termination of the lien for tax when the distilled spirits are used in certain research, development, or testing. 1976—Subsec. (b)(3)(B), (4). Pub. L. 94455 struck out “or his delegate” after “Secretary”, wherever appearing. 1965—Subsec. (c). Pub. L. 8944 substituted “5223(e)” for “5223(d)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96223 effective on the first day of the first calendar month beginning more than 60 days after Apr. 2, 1980, see section 232(h)(3) of Pub. L. 96223, set out as an Effective Date note under section 5181 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1965 AmendmentPub. L. 8944, title VIII, § 805(g)(2), June 21, 1965, 79 Stat. 162, provided that: “The amendments made by subsections (b), (d), and (f) (other than paragraph (6)) [amending this section and sections 5025, 5083, 5223, and 5234 of this title], shall take effect on October 1, 1965.”
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# 26 U.S.C. § 5005 - Persons liable for tax
## Text
(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 transferors 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 transferors 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1318; amended Pub. L. 94455, title XIX, § 1905(a)(1), Oct. 4, 1976, 90 Stat. 1818; Pub. L. 95176, § 4(b), (d), Nov. 14, 1977, 91 Stat. 1366; Pub. L. 9639, title VIII, § 807(a)(3), July 26, 1979, 93 Stat. 280; Pub. L. 96223, title II, § 232(e)(2)(D), Apr. 2, 1980, 94 Stat. 280; Pub. L. 98369, div. A, title IV, § 455(b), July 18, 1984, 98 Stat. 823; Pub. L. 103465, title I, § 136(c)(2), Dec. 8, 1994, 108 Stat. 4841.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5005, acts Aug. 16, 1954, ch. 736, 68A Stat. 599; Sept. 2, 1958, Pub. L. 85859, title II, § 206(d), 72 Stat. 1431, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. 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, 68A Stat. 634, 641, 643, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1994—Subsec. (f)(3). Pub. L. 103465, § 136(c)(2)(A), substituted “section 5001(a)(5) and (6)” for “section 5001(a)(6) and (7)”. Subsec. (f)(4). Pub. L. 103465, § 136(c)(2)(B), substituted “section 5001(a)(4)” for “section 5001(a)(5)”. 1984—Subsec. (e)(1). Pub. L. 98369, § 455(b)(1), substituted “(10), or (13)” for “or (10)”. Subsec. (e)(2). Pub. L. 98369, § 455(b)(2), inserted “used in the production of nonbeverage wine or wine products,”. 1980—Subsec. (d). Pub. L. 96223 substituted “(11), or (12),” for “or (11),”. 1979—Subsec. (c)(3). Pub. L. 9639, § 807(a)(3)(A), struck out par. (3) which related to liability for taxes with regard to withdrawals of distilled spirits from the bonded premises of a distilled spirits plant. Subsec. (d). Pub. L. 9639, § 807(a)(3)(B), substituted “(3), or (11)” for “or (3)”. Subsec. (f)(1). Pub. L. 9639, § 807(a)(3)(C), substituted “requiring bond covering operations at, and withdrawals from, distilled spirits plants” for “conditioning warehousing bonds on the payment of the tax” and “5173” for “5173(c)”. Subsec. (f)(6). Pub. L. 9639, § 807(a)(3)(D), added par. (6). 1977—Subsec. (d). Pub. L. 95176, § 4(d)(1), struck out reference to par. (9) of section 5214(a). Subsec. (e)(1). Pub. L. 95176, § 4(d)(2), inserted reference to pars. (9) and (10) of section 5214(a). Subsec. (e)(2). Pub. L. 95176, § 4(b), substituted “customs bonded warehouses” for “customs manufacturing bonded warehouses” and provided for relief from liability for tax on distilled spirits used in certain research, development, or testing. 1976—Subsec. (c)(2). Pub. L. 94455 substituted “Such relief from liability shall be effective from the time of removal from the transferors bonded premises, or from the time of divestment of interest, whichever is later.” for “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).”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, see section 456(c) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96223 effective on first day of first calendar month beginning more than 60 days after Apr. 2, 1980, see section 232(h)(3) of Pub. L. 96223, set out as an Effective Date note under section 5181 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1976 AmendmentPub. L. 94455, title XIX, § 1905(d), Oct. 4, 1976, 90 Stat. 1824, provided that: “The amendments made by this section [amending this section and sections 5007 to 5009, 5025, 5026, 5043, 5054, 5061, 5105, 5111, 5113, 5114, 5117, 5121, 5122, 5131, 5142, 5148, 5171, 5174, 5177, 5179, 5214, 5222, 5232 to 5234, 5272, 5314, 5362, 5368, 5392, 5505, 5551, 5601, 5662, 5685, 5701, 5703, 5704, 5712, 5723, 5751, 5752, 5762, and 5763 of this title and repealing sections 5104, 5144, 5315, 5676, and 5689 of this title] shall take effect on the first day of the first month which begins more than 90 days after the date of the enactment of this Act [Oct. 4, 1976].”
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# 26 U.S.C. § 5006 - Determination of tax
## Text
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1320; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, §§ 804(a), 807(a)(4), July 26, 1979, 93 Stat. 274, 280.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5006, acts Aug. 16, 1954, ch. 736, 68A Stat. 599; Sept. 2, 1958, Pub. L. 85859, title II, § 206(a), 72 Stat. 1431, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. 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, 68A Stat. 600, 643, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Subsec. (a)(1). Pub. L. 9639, § 804(a), struck out “internal revenue” after “provided in this section, the” and “storage, gauging, and bottling” after “but not limited to”. Subsec. (a)(2), (3). Pub. L. 9639, § 804(a), redesignated par. (3) as (2). Former par. (2), relating to distilled spirits entered for storage, was struck out. Subsec. (b)(1). Pub. L. 9639, § 807(a)(4)(A), (B), substituted “on bonded premises” for “in storage in internal revenue bond” in two places and “; except” for “, notwithstanding that the time specified in any bond given for the withdrawal of the spirits entered in storage in such cask or package has not expired, except”. Subsec. (b)(2), (3). Pub. L. 9639, § 807(a)(4)(B), substituted “on bonded premises” for “in storage in internal revenue bond”. 1976—Subsecs. (a) to (c). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Application of 1972 Amendments to Prior SectionsPub. L. 85859, title II, § 206(f), Sept. 2, 1958, 72 Stat. 1431, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided: “(1) The amendments made by this section [amending this section and sections 5005, 5232, 5242, and 5243 of this title] shall apply with respect to:“(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.”
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# 26 U.S.C. § 5007 - Collection of tax on distilled spirits
## Text
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1322; amended Pub. L. 94455, title XIX, §§ 1905(b)(2)(A), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1822, 1834; Pub. L. 9639, title VIII, § 807(a)(5), July 26, 1979, 93 Stat. 280; Pub. L. 103465, title I, § 136(c)(3), (4), Dec. 8, 1994, 108 Stat. 4841, 4842.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5007, act Aug. 16, 1954, ch. 736, 68A Stat. 600, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. Prior section 5007(c) related to “payment of tax on alcoholic compounds from Puerto Rico and Virgin Islands”. See section 7652 of this title. Prior section 5007(e)(1) related to “assessment for deficiencies in production and excess of materials used” and “requirement”. See sections 5004(b)(1) and 5006(a)(3) of this title. Prior section 5007(e)(2) related to “relief from assessment for deficiencies in production and excess of materials used” and is obsolete.
Amendments1994—Subsec. (b). Pub. L. 103465, § 136(c)(3), amended subsec. (b) generally, striking out provisions relating to collection and deposit as internal revenue collections of taxes on imported perfumes containing distilled spirits. Subsec. (c)(3). Pub. L. 103465, § 136(c)(4), substituted “section 5001(a)(4), (5), and (6)” for “section 5001(a)(5), (6), and (7)”. 1979—Subsec. (a). Pub. L. 9639 struck out “(1) General” before “The tax on domestic” and par. (2) which related to distilled spirits withdrawn to bottling premises under withdrawal bond. 1976—Subsec. (a)(2). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (b)(1). Pub. L. 94455, §§ 1905(b)(2)(A), 1906(b)(13)(A), struck out second sentence “Such tax shall be in addition to any customs duty imposed under the Tariff Act of 1930 (46 Stat. 590; 19 U.S.C., chapter 4), or any subsequent act.” and “or his delegate” after “Secretary” wherever appearing. Subsecs. (b)(2), (c)(1). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(b)(2)(A) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5008 - Abatement, remission, refund, and allowance for loss or destruction of distilled spirits
## Text
(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 on which tax has been determined or paid 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1323; amended Pub. L. 8944, title VIII, § 805(a), June 21, 1965, 79 Stat. 160; Pub. L. 90630, § 1, Oct. 22, 1968, 82 Stat. 1328; Pub. L. 91659, §§ 1, 2(a), (b), Jan. 8, 1971, 84 Stat. 1964; Pub. L. 94273, § 47, Apr. 21, 1976, 90 Stat. 382; Pub. L. 94455, title XIX, §§ 1905(a)(2), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1818, 1834; Pub. L. 95176, §§ 2(f), 4(e), Nov. 14, 1977, 91 Stat. 1364, 1366; Pub. L. 9639, title VIII, § 807(a)(6), July 26, 1979, 93 Stat. 281; Pub. L. 10534, title XIV, § 1411(a), Aug. 5, 1997, 111 Stat. 1046.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5008, act Aug. 16, 1954, ch. 736, 68A Stat. 602, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. See sections 5205(a), (g) and 5604(a)(1) of this title. 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, 68A Stat. 604, 606, 648, 679, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1997—Subsec. (c)(1). Pub. L. 10534 substituted “on which tax has been determined or paid” for “withdrawn from bonded premises on payment or determination of tax”. 1979—Subsec. (a)(1)(C). Pub. L. 9639, § 807(a)(6)(A), added subpar. (C). Subsec. (a)(5). Pub. L. 9639, § 807(a)(6)(B), substituted “before” for “prior to the completion” and struck out provisions relating to the applicability of this subsection where the loss occurred after the time prescribed for the withdrawal of the distilled spirits from the bonded premises under section 5006(a)(2) and relating to the applicability of this paragraph to any loss of distilled spirits for which abatement, remission, credit, or refund of tax is allowed under subsec. (c). Subsec. (b). Pub. L. 9639, § 807(a)(6)(C), struck out “(1) Distilled spirits in bond” before “The proprietor of” and provisions relating to distilled spirits withdrawn for rectification or bottling. Subsec. (c). Pub. L. 9639, § 807(a)(6)(C), added subsec. (c). Former subsec. (c), which related to loss of distilled spirits withdrawn from bond for rectification or bottling, was struck out. Subsec. (d). Pub. L. 9639, § 807(a)(6)(D), redesignated subsec. (f) as (d). Former subsec. (d), which related to distilled spirits returned to bonded premises, was struck out. Subsec. (e). Pub. L. 9639, § 807(a)(6)(D), (E), redesignated subsec. (g) as (e) and substituted “subsection (c)” for “subsections (b)(2), (c), and (d)” and “under such subsection” for “under such subsections”. Former subsec. (e), which related to samples of distilled spirits used for analysis or testing by United States, was struck out. Subsec. (f). Pub. L. 9639, § 807(a)(6)(D), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d). Subsecs. (g), (h). Pub. L. 9639, § 807(a)(6)(D), redesignated subsecs. (g) and (h) as (e) and (f), respectively. 1977—Subsec. (d). Pub. L. 95176, § 2(f), reenacted par. (1) and substituted heading “General” for “Allowance of tax” and “(or the tax equal to such tax imposed under section 7652)” for “or under section 7652”; added pars. (2) and (3); and redesignated as par. (4) provisions of former par. (2) and inserted reference to allowance of claims under par. (2) or (3). Subsec. (f)(5). Pub. L. 95176, § 4(e), added par. (5). 1976—Subsec. (b)(1). Pub. L. 94455, §§ 1905(a)(2)(A), 1906(b)(13)(A), inserted “or by section 7652” after “tax imposed by this chapter” and struck out “or his delegate” after “Secretary”. Subsec. (b)(2). Pub. L. 94455, §§ 1905(a)(2)(B), 1906(b)(13)(A), struck out “or his delegate” after “Secretary” and inserted “, or under section 7652” after “under subpart B of this part”. Subsec. (c)(1). Pub. L. 94455, §§ 1905(a)(2)(C), 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing and inserted “or under section 7652” after “under section 5001(a)(1)”. Subsec. (c)(2), (3). Pub. L. 94273 substituted “computation year” for “fiscal year” wherever appearing. Subsec. (c)(5). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (d)(1). Pub. L. 94455, §§ 1905(a)(2)(C), (D), 1906(b)(13)(A), struck out “on or after July 1, 1959,” after “from bonded premises,” and “or his delegate” after “Secretary” and inserted “or under section 7652” after “under section 5001(a)(1)”. 1971—Subsec. (b)(2). Pub. L. 91659, § 2(a), struck out condition that the distilled spirits can be destroyed only before bottling and permitted destruction after completion of bottling so long as the distilled spirits are on the bottling premises and added taxes imposed under subpart B of this Part as additional taxes which can be claimed for abatement, remission, credit or refund. Subsec. (c)(1)(A). Pub. L. 91659, § 1, added cl. (iii). Subsec. (c)(5). Pub. L. 91659, § 2(b), permits distilled spirits returned to bottling premises to be treated for purposes of the various loss provisions as though they had not been removed from the bottling premises. 1968—Subsec. (c)(1). Pub. L. 90630 inserted provisions allowing abatement, remission, and refund if the casualty loss occurs after completion of the packaging but before the spirits have been removed from the premises of the distilled spirits plant to which the spirits were removed from bond. 1965—Subsec. (d)(2). Pub. L. 8944 struck out final clause prohibiting the allowance of a claim in respect to any distilled spirits withdrawn from bonded premises of a distilled spirits plant more than 6 months prior to the date of such return.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10534, title XIV, § 1411(b), Aug. 5, 1997, 111 Stat. 1046, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(a)(2) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91659 effective on first day of first calendar month which begins more than 90 days after Jan. 8, 1971, see section 6 of Pub. L. 91659, set out as an Effective Date note under section 5066 of this title.
Effective Date of 1968 AmendmentPub. L. 90630, § 4, Oct. 22, 1968, 82 Stat. 1329, provided that: “(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 section 5062 of this title and section 1313 of Title 19, Customs Duties] shall apply only to articles exported on or after such effective date. The amendments made by section 3 [amending section 5232 of this title] shall apply only to withdrawals from customs custody on or after such effective date.”
Effective Date of 1965 AmendmentPub. L. 8944, title VIII, § 805(g)(1), June 21, 1965, 79 Stat. 162, provided that: “The amendments made by subsections (a), (c), (e), and (f)(6) [amending this section and sections 5062, 5215, and 5608 of this title] shall take effect on July 1, 1965.”
Distilled Spirits Returned to Bonded Premises of Distilled Spirits Plant During 1980Subsec. (c)(1) of this section to be treated as including a reference to section 5041 of this title with respect to distilled spirits returned to the bonded premises of distilled spirits plants during 1980, see section 808(d) of Pub. L. 9639, set out as a note under section 5061 of this title.
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# 26 U.S.C. § 5009 - Repealed. Pub. L. 9639, title VIII, § 807(a)(7), July 26, 1979, 93 Stat. 281]
## Notes
Section, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1327; amended Pub. L. 94455, title XIX, §§ 1905(a)(3), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1818, 1834, related to drawback on exportation of distilled spirits in casks or packages.
A prior section 5009, act Aug. 16, 1954, ch. 736, 68A Stat. 603, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. See sections 5205(c)(1), (f), (i)(4) and 5206(c) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
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# 26 U.S.C. § 5010 - Credit for wine content and for flavors content
## Text
(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 5114.
(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 Pub. L. 96598, § 6(a), Dec. 24, 1980, 94 Stat. 3488; amended Pub. L. 98369, div. A, title I, § 27(a)(2), July 18, 1984, 98 Stat. 507; Pub. L. 100647, title V, § 5063(a), Nov. 10, 1988, 102 Stat. 3681; Pub. L. 101508, title XI, § 11201(a)(2), Nov. 5, 1990, 104 Stat. 1388415; Pub. L. 10959, title XI, § 11125(b)(14), Aug. 10, 2005, 119 Stat. 1956.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5010, act Aug. 16, 1954, ch. 736, 68A Stat. 603, related to miscellaneous stamp provisions, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Subsec. (c)(2)(A). Pub. L. 10959 substituted “section 5114” for “section 5134”. 1990—Subsec. (a)(1), (2). Pub. L. 101508 substituted “$13.50” for “$12.50”. 1988—Subsec. (c)(2)(B). Pub. L. 100647 added cl. (ii) and redesignated former cl. (ii) as (iii). 1984—Subsec. (a)(1), (2). Pub. L. 98369 substituted “$12.50” for “$10.50”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective Jan. 1, 1991, see section 11201(d) of Pub. L. 101508, set out as a note under section 5001 of this title.
Effective Date of 1988 AmendmentPub. L. 100647, title V, § 5063(b), Nov. 10, 1988, 102 Stat. 3681, provided that: “The amendments made by this section [amending this section] shall apply with respect to distilled spirits withdrawn from bond after the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective Oct. 1, 1985, see section 27(d)(1) of Pub. L. 98369, set out as a note under section 5001 of this title.
Effective DatePub. L. 96598, § 6(c), Dec. 24, 1980, 94 Stat. 3489, provided that: “The amendments made by subsections (a) and (b) [enacting this section] shall take effect on January 1, 1980.”
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# 26 U.S.C. § 5011 - Income tax credit for average cost of carrying excise tax
## Text
(a) In general For purposes of section 38, the amount of the distilled spirits credit for any taxable year is the amount equal to the product of—
(1) in the case of—
(A) any eligible wholesaler, the number of cases of bottled distilled spirits—
(i) which were bottled in the United States, and
(ii) which are purchased by such wholesaler during the taxable year directly from the bottler of such spirits, or
(B) any person which is subject to section 5005 and which is not an eligible wholesaler, the number of cases of bottled distilled spirits which are stored in a warehouse operated by, or on behalf of, a State or political subdivision thereof, or an agency of either, on which title has not passed on an unconditional sale basis, and
(2) the average tax-financing cost per case for the most recent calendar year ending before the beginning of such taxable year.
(b) Eligible wholesaler For purposes of this section, the term “eligible wholesaler” means any person which holds a permit under the Federal Alcohol Administration Act as a wholesaler of distilled spirits which is not a State or political subdivision thereof, or an agency of either.
(c) Average tax-financing cost (1) In general For purposes of this section, the average tax-financing cost per case for any calendar year is the amount of interest which would accrue at the deemed financing rate during a 60-day period on an amount equal to the deemed Federal excise tax per case.
(2) Deemed financing rate For purposes of paragraph (1), the deemed financing rate for any calendar year is the average of the corporate overpayment rates under paragraph (1) of section 6621(a) (determined without regard to the last sentence of such paragraph) for calendar quarters of such year.
(3) Deemed Federal excise tax per case For purposes of paragraph (1), the deemed Federal excise tax per case is $25.68.
(d) Other definitions and special rules For purposes of this section—
(1) Case The term “case” means 12 80-proof 750-milliliter bottles.
(2) Number of cases in lot The number of cases in any lot of distilled spirits shall be determined by dividing the number of liters in such lot by 9.
(Added Pub. L. 10959, title XI, § 11126(a), Aug. 10, 2005, 119 Stat. 1957.)
## Notes
Editorial Notes
References in TextThe Federal Alcohol Administration Act, referred to in subsec. (b), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, which is classified generally to subchapter I (§ 201 et seq.) of chapter 8 of Title 27, Intoxicating Liquors. For complete classification of this Act to the Code, see section 201 of Title 27 and Tables.
Prior ProvisionsA prior section 5011, act Aug. 16, 1954, ch. 736, 68A Stat. 604, related to abatement, remission, refund and allowance for loss or destruction of distilled spirits, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5012, act Aug. 16, 1954, ch. 736, 68A Stat. 605, related to drawback on exportation of distilled spirits, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to taxable years beginning after Sept. 30, 2005, see section 11126(d) of Pub. L. 10959, set out as an Effective Date of 2005 Amendments note under section 38 of this title.
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# 26 U.S.C. § 5021 to 5026 - Repealed. Pub. L. 9639, title VIII, § 803(a), July 26, 1979, 93 Stat. 274]
## Notes
Section 5021, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1328, provided for imposition of a tax on rectified distilled spirits or wines.
A prior section 5021, act Aug. 16, 1954, ch. 736, 68A Stat. 606, related to imposition and rate of tax, prior to the general revision of this chapter by Pub. L. 85859.
Section 5022, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1328; amended Pub. L. 8675, § 3(a)(4), June 30, 1959, 73 Stat. 157; Pub. L. 86564, title II, § 202(a)(6), June 30, 1960, 74 Stat. 290; Pub. L. 8772, § 3(a)(6), June 30, 1961, 75 Stat. 193; Pub. L. 87508, § 3(a)(5), June 28, 1962, 76 Stat. 114; Pub. L. 8852, § 3(a)(6), June 29, 1963, 77 Stat. 72; Pub. L. 88348, § 2(a)(6), June 30, 1964, 78 Stat. 237; Pub. L. 8944, title V, § 501(b), June 21, 1965, 79 Stat. 150, imposed a tax on cordials and liqueurs containing wine.
A prior section 5022, acts Aug. 16, 1954, ch. 736, 68A Stat. 606; Mar. 30, 1955, ch. 18, § 3(a)(6), 69 Stat. 14; Mar. 29, 1956, ch. 115, § 3(a)(6), 70 Stat. 66; Mar. 29, 1957, Pub. L. 8512, § 3(a)(4), 71 Stat. 9; June 30, 1958, Pub. L. 85475, § 3(a)(4), 72 Stat. 259, imposed a tax on cordials and liqueurs containing wine, prior to the general revision of this chapter by Pub. L. 85859.
Section 5023, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1328, imposed a tax on the blending of beverage rums and brandies.
A prior section 5023, act Aug. 16, 1954, ch. 736, 68A Stat. 606, imposed a tax on blending of beverage brandies, prior to the general revision of this chapter by Pub. L. 85859.
Section 5024, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1328, indicated the sources for the definitions of “rectifier”, “products of rectification”, and “distilled spirits” and referred to other definitions relating to distilled spirits as well as other definitions of general application to this title.
A prior section 5024, act Aug. 16, 1954, ch. 736, 68A Stat. 607, defined “rectifier” and “products of rectification”, prior to the general revision of this chapter by Pub. L. 85859.
Section 5025, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1328; amended Pub. L. 8944, title VIII, § 805(b), (f)(2)(5), June 21, 1965, 79 Stat. 161; Pub. L. 94455, title XIX, §§ 1905(a)(4), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1818, 1834; Pub. L. 95176, §§ 5(b), 6, Nov. 14, 1977, 91 Stat. 1366, 1367, enumerated 12 exemptions from the rectification tax.
A prior section 5025, act Aug. 16, 1954, ch. 736, 68A Stat. 607, related to exemption from rectification tax, prior to the general revision of this chapter by Pub. L. 85859.
Provisions similar to those comprising section 5025(e)(1), (2), (4) of this title were contained in former sections 5023, 5217(a), and 5306 of this title, act Aug. 16, 1954, ch. 736, 68A Stat. 606, 641, 657, prior to the general revision of this chapter by Pub. L. 85859.
Section 5026, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1330; Pub. L. 94455, title XIX, §§ 1905(b)(2)(B), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1822, 1834, related to the determination and collection of the rectification tax.
A prior section 5026, act Aug. 16, 1954, ch. 736, 68A Stat. 608, related to determination and collection of rectification tax, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5027, act Aug. 16, 1954, ch. 736, 68A Stat. 609, related to stamp provisions applicable to rectifiers, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5028, act Aug. 16, 1954, ch. 736, 68A Stat. 609, related to cross references for penalty provisions, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
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# 26 U.S.C. § 5042 - Exemption from tax
## Text
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1331; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95458, § 2(a), Oct. 14, 1978, 92 Stat. 1255.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5042, act Aug. 16, 1954, ch. 736, 68A Stat. 610, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1978—Subsec. (a)(2). Pub. L. 95458 substituted in heading “Wine for personal or family use” for “Family wine” and in text provision permitting an adult to produce 200 gallons of wine per calendar year if there are 2 or more adults in the household or 100 gallons of wine per calendar year if there is one adult in the household for provision which permitted the duly registered head of any family to produce an amount of wine not exceeding 200 gallons of wine per annum. 1976—Subsec. (a)(1) to (3). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentPub. L. 95458, § 2(c), Oct. 14, 1978, 92 Stat. 1257, provided that: “The amendments made by this section [amending this section and sections 5051, 5053, 5054, 5092, 5222, and 5674 of this title] shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Oct. 14, 1978].”
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# 26 U.S.C. § 5043 - Collection of taxes on wines
## Text
(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 transferors 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 which are not transferred to a bonded wine cellar free of tax under section 5364, 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1332; amended Pub. L. 94455, title XIX, § 1905(b)(2)(C), Oct. 4, 1976, 90 Stat. 1822; Pub. L. 9639, title VIII, § 807(a)(8), July 26, 1979, 93 Stat. 281; Pub. L. 105206, title VI, § 6014(b)(1), July 22, 1998, 112 Stat. 820.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5043, act Aug. 16, 1954, ch. 736, 68A Stat. 610, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1998—Subsec. (a)(2). Pub. L. 105206 inserted “which are not transferred to a bonded wine cellar free of tax under section 5364” after “foreign wines”. 1979—Subsec. (a)(1)(A). Pub. L. 9639 struck out “between bonded wine cellars” after “transfer of wine in bond”. 1976—Subsec. (b). Pub. L. 94455 substituted “The taxes” for “Except as provided in subsection (a)(3), the taxes”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 10534, to which such amendment relates (see section 1422(c) of Pub. L. 10534 set out as an Effective Date note under section 5364 of this title), see section 6024 of Pub. L. 105206, set out as a note under section 1 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5044 - Refund of tax on wine
## Text
(a) General In the case of any wine removed from a bonded wine cellar and returned to bond 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1332; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 10534, title XIV, § 1416(a), (b)(2), Aug. 5, 1997, 111 Stat. 1048; Pub. L. 105206, title VI, § 6014(b)(2), July 22, 1998, 112 Stat. 820.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5044, act Aug. 16, 1954, ch. 736, 68A Stat. 611, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1998—Subsec. (a). Pub. L. 105206 substituted “removed from a bonded wine cellar” for “produced in the United States” in introductory provisions. 1997—Pub. L. 10534, § 1416(b)(2), struck out “unmerchantable” after “tax on” in section catchline. Subsec. (a). Pub. L. 10534, § 1416(a), struck out “as unmerchantable” after “to bond” in introductory provisions. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 10534, to which such amendment relates, see section 6024 of Pub. L. 105206, set out as a note under section 1 of this title.
Effective Date of 1997 AmendmentPub. L. 10534, title XIV, § 1416(c), Aug. 5, 1997, 111 Stat. 1048, provided that: “The amendments made by this section [amending this section and section 5361 of this title] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
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# 26 U.S.C. § 5045 - Cross references
## Text
For provisions relating to the establishment and operation of wineries, see subchapter F, and for penalties pertaining to wine, see subchapter J.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1333.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5045, act Aug. 16, 1954, ch. 736, 68A Stat. 611, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
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# 26 U.S.C. § 5051 - Imposition and rate of tax
## Text
(a) Rate of tax (1) In general (A) Imposition of tax 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—
(i) $16 on the first 6,000,000 barrels of beer—
(I) brewed by the brewer and removed during the calendar year for consumption or sale, or
(II) imported by the importer into the United States during the calendar year but only if the importer is an electing importer under paragraph (4) and the barrels have been assigned to the importer pursuant to such paragraph, and
(ii) $18 on any barrels of beer to which clause (i) does not apply.
(B) Barrel For purposes of this section, a barrel shall contain not more than 31 gallons of beer, and any tax imposed under this section shall be applied at a like rate for any other quantity or for fractional parts of a barrel.
(2) Reduced rate for certain domestic production (A) $3.50 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 $3.50 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) 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.
(4) Reduced tax rate for foreign manufacturers and importers (A) In general In the case of any barrels of beer which have been brewed or produced outside of the United States and imported into the United States, the rate of tax applicable under clause (i) of paragraph (1)(A) (referred to in this paragraph as the “reduced tax rate”) may be assigned by the brewer (provided that the brewer makes an election described in subparagraph (B)(ii)) to any electing importer of such barrels pursuant to the requirements established by the Secretary under subparagraph (B).
(B) Assignment The Secretary, after consultation with the Secretary of the Department of Homeland Security, shall, through such rules, regulations, and procedures as are determined appropriate, establish procedures for assignment of the reduced tax rate provided under this paragraph, which shall include—
(i) a limitation to ensure that the number of barrels of beer for which the reduced tax rate has been assigned by a brewer—
(I) to any importer does not exceed the number of barrels of beer brewed or produced by such brewer during the calendar year which were imported into the United States by such importer, and
(II) to all importers does not exceed the 6,000,000 barrels to which the reduced tax rate applies,
(ii) procedures that allow the election of a brewer to assign and an importer to receive the reduced tax rate provided under this paragraph,
(iii) requirements that the brewer provide any information as the Secretary determines necessary and appropriate for purposes of carrying out this paragraph, and
(iv) procedures that allow for revocation of eligibility of the brewer and the importer for the reduced tax rate provided under this paragraph in the case of any erroneous or fraudulent information provided under clause (iii) which the Secretary deems to be material to qualifying for such reduced rate.
(C) Controlled group For purposes of this section, any importer making an election described in subparagraph (B)(ii) shall be deemed to be a member of the controlled group of the brewer, as described under paragraph (5).
(5) Controlled group and single taxpayer rules (A) In general Except as provided in subparagraph (B), in the case of a controlled group, the 6,000,000 barrel quantity specified in paragraph (1)(A)(i) and the 2,000,000 barrel quantity specified in paragraph (2)(A) shall be applied to the controlled group, and the 6,000,000 barrel quantity specified in paragraph (1)(A)(i) and the 60,000 barrel quantity specified in paragraph (2)(A) shall be apportioned among the brewers who are members of such group in such manner as the Secretary or their delegate shall by regulations prescribe. 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, 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.
(B) Foreign manufacturers and importers For purposes of paragraph (4), in the case of a controlled group, the 6,000,000 barrel quantity specified in paragraph (1)(A)(i) shall be applied to the controlled group and apportioned among the 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 such term under subparagraph (A). Under regulations prescribed by the Secretary, 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) Single taxpayer Pursuant to rules issued by the Secretary, two or more entities (whether or not under common control) that produce beer under a license, franchise, or other arrangement shall be treated as a single taxpayer for purposes of the application of this subsection.
(6) Refunds in lieu of reduced rates for foreign production removed after December 31, 2022 (A) In general In the case of any barrels of beer which have been produced outside the United States and imported into the United States, if such barrels of beer are removed after December 31, 2022—
(i) paragraph (1)(A)(i) shall not apply, and
(ii) the amount determined under subparagraph (B) shall be allowed as a refund, determined for periods not less frequently than quarterly, to the importer in the same manner as if such amount were an overpayment of tax imposed by this section.
(B) Amount of refund The amount determined under this subparagraph with respect to any importer for any period is an amount equal to the sum of—
(i) excess (if any) of—
(I) the amount of tax imposed under this section on barrels of beer referred to in subparagraph (A) which were removed during such period, over
(II) the amount of tax which would have been imposed under this section on such barrels of beer if this section were applied without regard to this paragraph, plus
(ii) the amount of interest which would be allowed and paid on an overpayment of tax at the overpayment rate established under section 6621(a)(1) (without regard to the second sentence thereof) were such rate applied to the excess (if any) determined under clause (i) for the number of days in the filing period for which the refund under this paragraph is being determined.
(C) Application of rules related to elections and assignments Subparagraph (A)(ii) shall apply only if the importer is an electing importer under paragraph (4) and the barrels of beer have been assigned to the importer pursuant to such paragraph.
(D) Rules for refunds within 90 days For purposes of refunds allowed under this paragraph, section 6611(e) shall be applied by substituting “90 days” for “45 days” each place it appears.
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1333; amended Pub. L. 8675, § 3(a)(6), June 30, 1959, 73 Stat. 157; Pub. L. 86564, title II, § 202(a)(8), June 30, 1960, 74 Stat. 290; Pub. L. 8772, § 3(a)(8), June 30, 1961, 75 Stat. 193; Pub. L. 87508, § 3(a)(7), June 28, 1962, 76 Stat. 114; Pub. L. 8852, § 3(a)(8), June 29, 1963, 77 Stat. 72; Pub. L. 88348, § 2(a)(8), June 30, 1964, 78 Stat. 237; Pub. L. 8944, title V, § 501(d), June 21, 1965, 79 Stat. 150; Pub. L. 94529, § 1, Oct. 17, 1976, 90 Stat. 2485; Pub. L. 95458, § 2(b)(2)(A), Oct. 14, 1978, 92 Stat. 1256; Pub. L. 101508, title XI, § 11201(c), Nov. 5, 1990, 104 Stat. 1388416; Pub. L. 11597, title I, § 13802(a)(d), Dec. 22, 2017, 131 Stat. 2170, 2171; Pub. L. 11694, div. Q, title I, § 144(b)(1), Dec. 20, 2019, 133 Stat. 3234; Pub. L. 116260, div. EE, title I, §§ 106(b)(1)(4), 107(b)(1), 110(a), Dec. 27, 2020, 134 Stat. 3042, 3046, 3049.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5051, act Aug. 16, 1954, ch. 736, 68A Stat. 611, as amended by acts Mar. 30, 1955, ch. 18, § 3(a)(8), 69 Stat. 14; Mar. 29, 1956, ch. 115, § 3(a)(8), 70 Stat. 66; Mar. 29, 1957, Pub. L. 8512, § 3(a)(6), 71 Stat. 9; June 30, 1958, Pub. L. 85475, § 3(a)(6), 72 Stat. 259, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2020—Subsec. (a)(1). Pub. L. 116260, § 106(b)(1), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) to (D) relating to imposition of tax on beer, rate of such tax, special rule for beer removed between Dec. 31, 2017, and Jan. 1, 2021, and size of a barrel, respectively. Subsec. (a)(1)(A)(i)(II). Pub. L. 116260, § 106(b)(3)(A), inserted “but only if the importer is an electing importer under paragraph (4) and the barrels have been assigned to the importer pursuant to such paragraph” after “during the calendar year”. Subsec. (a)(2)(A). Pub. L. 116260, § 106(b)(2), inserted “$3.50 a barrel” before “rate” in heading and substituted “$3.50” for “$7 ($3.50 in the case of beer removed after December 31, 2017, and before January 1, 2021)” in text. Subsec. (a)(4)(A). Pub. L. 116260, § 106(b)(3)(B)(i), substituted “paragraph (1)(A)” for “paragraph (1)(C)”. Subsec. (a)(4)(B). Pub. L. 116260, § 106(b)(3)(B)(ii), substituted “The Secretary, after consultation with the Secretary of the Department of Homeland Security,” for “The Secretary” in introductory provisions. Subsec. (a)(5). Pub. L. 116260, § 106(b)(4), substituted “paragraph (1)(A)(i)” for “paragraph (1)(C)(i)” wherever appearing. Subsec. (a)(5)(C). Pub. L. 116260, § 110(a), substituted “under a license” for “marketed under a similar brand, license”. Subsec. (a)(6). Pub. L. 116260, § 107(b)(1), added par. (6). 2019—Subsec. (a)(1)(C), (2)(A). Pub. L. 11694 substituted “January 1, 2021” for “January 1, 2020” in introductory provisions of subsec. (a)(1)(C) and in subsec. (a)(2)(A). 2017—Subsec. (a)(1). Pub. L. 11597, § 13802(a), amended par. (1) generally. Prior to amendment, text read as follows: “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.” Subsec. (a)(1)(C)(i)(II). Pub. L. 11597, § 13802(c)(1), inserted “but only if the importer is an electing importer under paragraph (4) and the barrels have been assigned to the importer pursuant to such paragraph” after “during the calendar year”. Subsec. (a)(2)(A). Pub. L. 11597, § 13802(b), in heading, struck out “$7 a barrel” before “rate” and in text, inserted “($3.50 in the case of beer removed after December 31, 2017, and before January 1, 2020)” after “$7”. Subsec. (a)(2)(B), (C). Pub. L. 11597, § 13802(d)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to application of barrel quantity to controlled groups. Subsec. (a)(4). Pub. L. 11597, § 13802(c)(2), added par. (4). Subsec. (a)(5). Pub. L. 11597, § 13802(d)(2), added par. (5). 1990—Subsec. (a)(1). Pub. L. 101508, § 11201(c)(1), substituted “$18” for “$9”. Subsec. (a)(2)(C). Pub. L. 101508, § 11201(c)(2), added subpar. (C). 1978—Subsec. (c). Pub. L. 95458 added subsec. (c). 1976—Subsec. (a). Pub. L. 94529 reduced the excise tax on beer for small brewers to $7 per barrel on the first 60,000 barrels produced in the United States and removed for sale or consumption or sale during the calendar year, the reduced rate to be applicable only to brewers producing no more than 2 million barrels of beer in a calendar year, and inserted provision that if several brewers are members of a controlled group, the 2million barrel limit is to be applied to the controlled group and the 60,000barrel limit is to be apportioned among the members of the controlled group in accordance with Treasury Department regulations promulgated by the Secretary or his delegate. 1965—Subsec. (a). Pub. L. 8944 struck out sentence providing for the imposition on and after July 1, 1965, of a tax of $8 in lieu of the tax imposed by the section. 1964—Subsec. (a). Pub. L. 88348 substituted “July 1, 1965” for “July 1, 1964”. 1963—Subsec. (a). Pub. L. 8852 substituted “July 1, 1964” for “July 1, 1963”. 1962—Subsec. (a). Pub. L. 87508 substituted “July 1, 1963” for “July 1, 1962”. 1961—Subsec. (a). Pub. L. 8772 substituted “July 1, 1962” for “July 1, 1961”. 1960—Subsec. (a). Pub. L. 86564 substituted “July 1, 1961” for “July 1, 1960”. 1959—Subsec. (a). Pub. L. 8675 substituted “July 1, 1960” for “July 1, 1959”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116260, div. EE, title I, § 106(b)(5), Dec. 27, 2020, 134 Stat. 3042, provided that: “The amendments made by this subsection [amending this section] shall apply to beer removed after December 31, 2020.” Pub. L. 116260, div. EE, title I, § 107(b)(2), Dec. 27, 2020, 134 Stat. 3047, provided that: “The amendment made by this subsection [amending this section] shall apply to beer removed after December 31, 2022.” Amendment by section 110(a) of Pub. L. 116260 applicable to beer, wine, and distilled spirits removed after Dec. 31, 2020, see section 110(d) of div. EE of Pub. L. 116260, set out as a note under section 5001 of this title.
Effective Date of 2019 AmendmentPub. L. 11694, div. Q, title I, § 144(b)(2), Dec. 20, 2019, 133 Stat. 3235, provided that: “The amendments made by this subsection [amending this section] shall apply to beer removed after December 31, 2019.”
Effective Date of 2017 AmendmentPub. L. 11597, title I, § 13802(e), Dec. 22, 2017, 131 Stat. 2172, provided that: “The amendments made by this section [amending this section] shall apply to beer removed after December 31, 2017.”
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective Jan. 1, 1991, see section 11201(d) of Pub. L. 101508, set out as a note under section 5001 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95458 effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) of Pub. L. 95458, set out as a note under section 5042 of this title.
Effective Date of 1976 AmendmentPub. L. 94529, § 2, Oct. 17, 1976, 90 Stat. 2486, provided that: “The amendment made by the first section of this Act [amending this section] shall take effect on the first day of the first calendar year which begins after the date of the enactment of this Act [Oct. 17, 1976].”
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after July 1, 1965, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
Floor Stocks Taxes on Distilled Spirits, Wine, and BeerImposition 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 Pub. L. 101508, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5052 - Definitions
## Text
(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 purposes of this chapter, the term “brewer” means any person who brews beer or produces beer for sale. Such term shall not include any person who produces only beer exempt from tax under section 5053(e).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1333; amended Pub. L. 91673, § 1(b), Jan. 12, 1971, 84 Stat. 2056; Pub. L. 10959, title XI, § 11125(b)(15), Aug. 10, 2005, 119 Stat. 1956.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5052, act Aug. 16, 1954, ch. 736, 68A Stat. 612, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Subsec. (d). Pub. L. 10959 amended subsec. (d) generally. Prior to amendment, text read as follows: “For definition of brewer, see section 5092.” 1971—Subsec. (c)(2). Pub. L. 91673 struck out proviso that removal of beer shall not include beer returned to the brewery on the same day such beer is removed from the brewery.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91673 effective on first day of first calendar month which begins more than 90 days after Jan. 12, 1971, see section 5 of Pub. L. 91673, set out as a note under section 5056 of this title.
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# 26 U.S.C. § 5053 - Exemptions
## Text
(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 for use as distilling material Subject to such regulations as the Secretary may prescribe, beer may be removed from a brewery without payment of tax to any distilled spirits plant for use as distilling material.
(g) Removals for use of foreign embassies, legations, etc. (1) In general Subject to such regulations as the Secretary may prescribe—
(A) beer may be withdrawn from the brewery without payment of tax for transfer to any customs bonded warehouse for entry pending withdrawal therefrom as provided in subparagraph (B), and
(B) beer entered into any customs bonded warehouse under subparagraph (A) may be withdrawn for consumption in the United States by, and for the official and family use of, such foreign governments, organizations, and individuals as are entitled to withdraw imported beer from such warehouses free of tax.
Beer transferred to any customs bonded warehouse under subparagraph (A) shall be entered, stored, and accounted for in such warehouse 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 beer.
(2) Other rules to apply Rules similar to the rules of paragraphs (2) and (3) of section 5362(e) shall apply for purposes of this subsection.
(h) Removals for destruction Subject to such regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for destruction.
(i) 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 (19 U.S.C. 1309).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1334; amended Pub. L. 8944, title VIII, § 807(b), June 21, 1965, 79 Stat. 164; Pub. L. 91673, § 2, Jan. 12, 1971, 84 Stat. 2056; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95458, § 2(b)(1), Oct. 14, 1978, 92 Stat. 1255; Pub. L. 10534, title XIV, §§ 1414(b), 1418(a), 1419(a), Aug. 5, 1997, 111 Stat. 10471049.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5053, act Aug. 16, 1954, ch. 736, 68A Stat. 612, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1997—Subsec. (f). Pub. L. 10534, § 1414(b), added subsec. (f). Former subsec. (f) redesignated (i). Subsec. (g). Pub. L. 10534, § 1418(a), added subsec. (g). Subsec. (h). Pub. L. 10534, § 1419(a), added subsec. (h). Subsec. (i). Pub. L. 10534, § 1414(b), redesignated subsec. (f) as (i). 1978—Subsecs. (e), (f). Pub. L. 95458 added subsec. (e) and redesignated former subsec. (e) as (f). 1976—Subsecs. (a) to (d). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1971—Subsecs. (d), (e). Pub. L. 91673 added subsec. (d) and redesignated former subsec. (d) as (e). 1965—Subsec. (a). Pub. L. 8944 struck out “to a foreign country” after “export”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10534, title XIV, § 1414(d), Aug. 5, 1997, 111 Stat. 1047, provided that: “The amendments made by this section [amending this section and sections 5056 and 5222 of this title] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].” Pub. L. 10534, title XIV, § 1418(b), Aug. 5, 1997, 111 Stat. 1049, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].” Pub. L. 10534, title XIV, § 1419(b), Aug. 5, 1997, 111 Stat. 1049, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
Effective Date of 1978 AmendmentAmendment by Pub. L. 95458 effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) of Pub. L. 95458, set out as a note under section 5042 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91673 effective on first day of first calendar month which begins more than 90 days after Jan. 12, 1971, see section 5 of Pub. L. 91673, set out as a note under section 5056 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 effective July 1, 1965, see section 807(c) of Pub. L. 8944, set out as a note under section 5002 of this title.
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# 26 U.S.C. § 5054 - Determination and collection of tax on beer
## Text
(a) Time of determination (1) Beer produced in the United States; certain imported beer Except as provided in paragraph (3), the tax imposed by section 5051 on beer produced in the United States, or imported into the United States and transferred to a brewery free of tax under section 5418, 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 and not transferred to a brewery free of tax under section 5418 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 section 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1334; amended Pub. L. 94455, title XIX, §§ 1905(a)(5), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1818, 1834; Pub. L. 95458, § 2(b)(2)(B), Oct. 14, 1978, 92 Stat. 1256; Pub. L. 99509, title VIII, § 8011(b)(2), Oct. 21, 1986, 100 Stat. 1953; Pub. L. 100647, title I, § 1018(u)(19), Nov. 10, 1988, 102 Stat. 3591; Pub. L. 105206, title VI, § 6014(a)(1), (2), July 22, 1998, 112 Stat. 820; Pub. L. 115141, div. U, title IV, § 401(a)(239), Mar. 23, 2018, 132 Stat. 1195.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5054, act Aug. 16, 1954, ch. 736, 68A Stat. 613, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. 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, 68A Stat. 613, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2018—Subsec. (a)(3)(B). Pub. L. 115141 substituted “section” for “sections”. 1998—Subsec. (a)(1). Pub. L. 105206, § 6014(a)(1), in heading inserted “; certain imported beer” after “United States” and in text inserted “, or imported into the United States and transferred to a brewery free of tax under section 5418,” after “United States”. Subsec. (a)(2). Pub. L. 105206, § 6014(a)(2), inserted “and not transferred to a brewery free of tax under section 5418” after “United States”. 1988—Subsec. (a)(2). Pub. L. 100647 added period at end. 1986—Subsec. (a)(2). Pub. L. 99509 substituted “if entered for warehousing, at the time of removal from the 1st such warehouse” for “if entered into customs custody, at the time of removal from such custody, and shall be paid under such regulations as the Secretary shall prescribe.”. 1978—Subsec. (a)(3). Pub. L. 95458 inserted provision excluding from tax the beer exempt from tax under section 5053(e). 1976—Subsec. (a)(2). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsecs. (c), (d). Pub. L. 94455, § 1905(a)(5), redesignated subsec. (d) as (c) and struck out former subsec. (c) respecting stamps or other devices as evidence of payment of tax.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 10534, to which such amendment relates (see section 1421(c) of Pub. L. 10534 set out as an Effective Date note under section 5418 of this title), see section 6024 of Pub. L. 105206, set out as a note under section 1 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99514, to which such amendment relates, see section 1019(a) of Pub. L. 100647, set out as a note under section 1 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99509 applicable to articles imported, entered for warehousing, or brought into the United States or a foreign trade zone after Dec. 15, 1986, see section 8011(c) of Pub. L. 99509, set out as a note under section 5061 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95458 effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) of Pub. L. 95458, set out as a note under section 5042 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(a)(5) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5055 - Drawback of tax
## Text
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 paid on such beer if there is such proof of exportation as the Secretary may by regulations require. 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 (19 U.S.C. 1309).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1335; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 10534, title XIV, § 1420(a), Aug. 5, 1997, 111 Stat. 1049.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5055, act Aug. 16, 1954, ch. 736, 68A Stat. 613, related to “determination and collection of tax on beer”, prior to the general revision of this chapter by Pub. L. 85859. See section 5054(a)(1), (2), (c), (d) of this title. Provisions similar to those comprising this section were contained in prior section 5056, act Aug. 16, 1954, ch. 736, 68A Stat. 613, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1997—Pub. L. 10534 substituted “paid on such beer if there is such proof of exportation as the Secretary may by regulations require.” for “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.” 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10534, title XIV, § 1420(b), Aug. 5, 1997, 111 Stat. 1049, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
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# 26 U.S.C. § 5056 - Refund and credit of tax, or relief from lia­bility
## Text
(a) Beer returned or voluntarily destroyed Any tax paid by any brewer on beer removed for consumption or sale 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 removed for consumption or sale 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) Beer received at a distilled spirits plant Any tax paid by any brewer on beer removed for consumption or sale 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 regulations as the Secretary may prescribe, if such beer is received on the bonded premises of a distilled spirits plant pursuant to the provisions of section 5222(b)(2), for use in the production of distilled spirits.
(d) Limitations No claim under this section shall be allowed (1) unless filed within 6 months after the date of the return, loss, destruction, rendering unmerchantable, or receipt on the bonded premises of a distilled spirits plant or (2) if the claimant was indemnified by insurance or otherwise in respect of the tax.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1335; amended Pub. L. 91673, § 1(a), Jan. 12, 1971, 84 Stat. 2056; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 10534, title XIV, § 1414(c), Aug. 5, 1997, 111 Stat. 1047; Pub. L. 105206, title VI, § 6014(a)(3), July 22, 1998, 112 Stat. 820.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5056, act Aug. 16, 1954, ch. 736, 68A Stat. 613, related to “drawback of tax” prior to the general revision of this chapter by Pub. L. 85859. See section 5055 of this title. A prior section 5057, act Aug. 16, 1954, ch. 736, 68A Stat. 613, related to refund and credit of tax or relief from liability, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1998—Subsecs. (a) to (c). Pub. L. 105206 substituted “removed for consumption or sale” for “produced in the United States”. 1997—Subsec. (c). Pub. L. 10534, § 1414(c)(1), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 10534 redesignated subsec. (c) as (d) and substituted “rendering unmerchantable, or receipt on the bonded premises of a distilled spirits plant” for “or rendering unmerchantable”. 1976—Subsecs. (a), (b). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1971—Subsec. (a). Pub. L. 91673 inserted provision permitting credit or refund of tax if the beer is returned to any brewery of the brewer who paid the tax, and provided for offset or deduction against amount of beer removed from the brewery on the day of return if the beer is returned to the same brewery from which it was withdrawn. Subsec. (b). Pub. L. 91673 inserted provisions for credit or refund or relief from liability of tax when the beer is lost by theft or otherwise or rendered unmerchantable by fire, casualty or act of God, before the transfer of title to any other party, and required the brewer to file claim for relief from the tax and submit proof of the cause of the loss, and in the case of theft, to further prove that such theft occurred before removal from the brewery and 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. Subsec. (c). Pub. L. 91673 substantially reenacted subsec. (c) to reflect changes in subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 10534, to which such amendment relates, see section 6024 of Pub. L. 105206, set out as a note under section 1 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 effective on the 1st day of the 1st calendar quarter that begins at least 180 days after Aug. 5, 1997, see section 1414(d) of Pub. L. 10534, set out as a note under section 5053 of this title.
Effective Date of 1971 AmendmentPub. L. 91673, § 5, Jan. 12, 1971, 84 Stat. 2058, provided that: “The amendments made by the first four sections of this Act [enacting section 5417 of this title and amending this section and sections 5052, 5053, 5401, 5402, 5411, 5412, and 5416 of this title] shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Jan. 12, 1971].”
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# 26 U.S.C. § 5061 - Method of collecting tax
## Text
(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(f),
(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) Taxpayers liable for taxes of not more than $50,000 (A) In general (i) More than $1,000 and not more than $50,000 in taxes Except as provided in clause (ii), in the case of any taxpayer who reasonably expects to be liable for not more than $50,000 in taxes imposed with respect to distilled spirits, wines, and beer under subparts A, C, and D and section 7652 for the calendar year and who was liable for not more than $50,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar quarter during which the action giving rise to the imposition of such tax occurs.
(ii) Not more than $1,000 in taxes In the case of any taxpayer who reasonably expects to be liable for not more than $1,000 in taxes imposed with respect to distilled spirits, wines, and beer under subparts A, C, and D and section 7652 for the calendar year and who was liable for not more than $1,000 in such taxes in the preceding calendar year, the last day for the payment of tax on withdrawals, removals, and entries (and articles brought into the United States from Puerto Rico) shall be the 14th day after the last day of the calendar year.
(B) No application after limit exceeded (i) Exceeds $50,000 limit Subparagraph (A)(i) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under subparts A, C, and D and section 7652 from such taxpayer during such calendar year exceeds $50,000, and any tax under such subparts which has not been paid on such date shall be due on the 14th day after the last day of the semimonthly period in which such date occurs.
(ii) Exceeds $1,000 limit Subparagraph (A)(ii) shall not apply to any taxpayer for any portion of the calendar year following the first date on which the aggregate amount of tax due under subparts A, C, and D and section 7652 from such taxpayer during such calendar year exceeds $1,000, and any tax under such subparts which has not been paid on such date shall be due on the 14th day after the last day of the calendar quarter in which such date occurs.
(C) Calendar quarter For purposes of this paragraph, the term “calendar quarter” means the three-month period ending on March 31, June 30, September 30, or December 31.
(5) 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 1115 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 “⅔” for “1115”.
(6) 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 (5) 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1335; amended Pub. L. 94455, title XIX, §§ 1905(a)(6), (b)(2)(E)(iii), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1819, 1822, 1834; Pub. L. 9639, title VIII, §§ 804(b), 807(a)(9), July 26, 1979, 93 Stat. 274, 281; Pub. L. 98369, div. A, title I, § 27(c)(1), July 18, 1984, 98 Stat. 509; Pub. L. 99509, title VIII, § 8011(b)(1), Oct. 21, 1986, 100 Stat. 1952; Pub. L. 99514, title XVIII, § 1801(c)(1), Oct. 22, 1986, 100 Stat. 2786; Pub. L. 100647, title II, § 2003(b)(1)(A), (B), Nov. 10, 1988, 102 Stat. 3598; Pub. L. 101508, title XI, §§ 11201(b)(3), 11704(a)(21), Nov. 5, 1990, 104 Stat. 1388416, 1388519; Pub. L. 103465, title I, § 136(c)(5), title VII, § 712(b), Dec. 8, 1994, 108 Stat. 4842, 5000; Pub. L. 104188, title I, § 1702(b)(6), Aug. 20, 1996, 110 Stat. 1869; Pub. L. 10959, title XI, § 11127(a), (b), Aug. 10, 2005, 119 Stat. 1958, 1959; Pub. L. 114113, div. Q, title III, § 332(a), Dec. 18, 2015, 129 Stat. 3104.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5061, act Aug. 16, 1954, ch. 736, 68A Stat. 614, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. Provisions similar to those comprising subsec. (d) of this section were contained in former section 5001(c), act Aug. 16, 1954, ch. 736, 68A Stat. 597, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2015—Subsec. (d)(4)(A). Pub. L. 114113, § 332(a)(1), designated existing provisions as cl. (i), inserted heading, substituted “Except as provided in clause (ii), in the case of” for “In the case of”, struck out “under bond for deferred payment” before “shall be the 14th day”, and added cl. (ii). Subsec. (d)(4)(B). Pub. L. 114113, § 332(a)(2), designated existing provisions as cl. (i), inserted heading, substituted “Subparagraph (A)(i)” for “Subparagraph (A)”, and added cl. (ii). 2005—Subsec. (d)(4) to (6). Pub. L. 10959 added par. (4), redesignated former pars. (4) and (5) as (5) and (6), respectively, and in par. (6) substituted “paragraph (5)” for “paragraph (4)”. 1996—Subsec. (b)(3). Pub. L. 104188 substituted “section 5041(f),” for “section 5041(e),”. 1994—Subsec. (b)(1). Pub. L. 103465, § 136(c)(5), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “section 5001(a)(5), (6), or (7),”. Subsec. (d)(4). Pub. L. 103465, § 712(b)(1), added par. (4). Former par. (4) redesignated (5). Subsec. (d)(5). Pub. L. 103465, § 712(b), redesignated par. (4) as (5), substituted “due date” for “14th day” in heading, and inserted “(or the immediately following day where the due date described in paragraph (4) falls on a Sunday)” before period at end. 1990—Subsec. (b)(3). Pub. L. 101508, §§ 11201(b)(3), 11704(a)(21), amended par. (3) identically, substituting “section 5041(e)” for “section 5041(d)”. 1988—Subsec. (d)(2)(A), (B), (3). Pub. L. 100647 substituted “last day of the semimonthly period during” for “date on”. 1986—Subsec. (d). Pub. L. 99509 amended subsec. (d) generally, substituting provisions relating to time for collecting tax on distilled spirits, wines, and beer, for provisions relating to extension of time for collecting tax on distilled spirits. Subsec. (e)(3). Pub. L. 99514 added par. (3). 1984—Subsec. (e). Pub. L. 98369 added subsec. (e). 1979—Subsec. (a). Pub. L. 9639, § 807(a)(9)(A), struck out “rectified distilled spirits and wines,” after “distilled spirits, wines,”. Subsec. (b). Pub. L. 9639, § 807(a)(9)(B), in provisions preceding par. (1) struck out “rectified distilled spirits and wines” after “spirits, wines,” and redesignated pars. (4) to (7) as (3) to (6), respectively. Former par. (3), which made reference to section 5026(a)(2), was struck out. Subsec. (d). Pub. L. 9639, § 804(b), added subsec. (d). 1976—Subsec. (a). Pub. L. 94455, §§ 1905(a)(6)(A), 1906(b)(13)(A), struck out last sentence providing for continued payment of taxes by stamp until the Secretary shall by regulation provide for collection of the taxes on the basis of a return and struck out “or his delegate” after “Secretary”. Subsec. (b). Pub. L. 94455, § 1905(a)(6)(B), substituted the exceptions provisions for discretion method of collection providing that “Whether or not the method of collecting any tax imposed by this part is specifically provided in this part, any such tax may, under regulations prescribed by the Secretary or his delegate, be collected by stamp, coupon, serially-numbered ticket, or the use of tax-stamp machines, or by such other reasonable device or method as may be necessary or helpful in securing collection of the tax.” Subsec. (c). Pub. L. 94455, § 1905(a)(6)(C), substituted the import duties provision for provision respecting applicability of other provisions of law and reading “All administrative and penalty provisions of this title, insofar as applicable, shall apply to the collection of any tax which the Secretary or his delegate determines or prescribes shall be collected in any manner provided in this section.” Subsec. (d). Pub. L. 94455, § 1905(b)(2)(E)(iii), struck out subsec. (d) which provided cross reference to section 5689 for penalty and forfeiture for tampering with a stamp machine.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPub. L. 114113, div. Q, title III, § 332(c), Dec. 18, 2015, 129 Stat. 3106, provided that: “The amendments made by this section [amending this section and sections 5173, 5351, 5401, and 5551 of this title] shall apply to any calendar quarters beginning more than 1 year after the date of the enactment of this Act [Dec. 18, 2015].”
Effective Date of 2005 AmendmentPub. L. 10959, title XI, § 11127(c), Aug. 10, 2005, 119 Stat. 1959, provided that: “The amendments made by this section [amending this section] shall apply with respect to quarterly periods beginning on and after January 1, 2006.”
Effective Date of 1996 AmendmentAmendment by Pub. L. 104188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, Pub. L. 101508, title XI, to which such amendment relates, see section 1702(i) of Pub. L. 104188, set out as a note under section 38 of this title.
Effective Date of 1994 AmendmentAmendment by section 136(c)(5) of Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title. Pub. L. 103465, title VII, § 712(e), Dec. 8, 1994, 108 Stat. 5001, provided that: “The amendments made by this section [amending this section and sections 5703 and 6302 of this title] shall take effect on January 1, 1995.”
Effective Date of 1990 AmendmentAmendment by section 11201(b)(3) of Pub. L. 101508 effective Jan. 1, 1991, see section 11201(d) of Pub. L. 101508, set out as a note under section 5001 of this title.
Effective Date of 1988 AmendmentPub. L. 100647, title II, § 2003(b)(2), Nov. 10, 1988, 102 Stat. 3598, provided that: “The amendments made by paragraph (1) [amending this section and section 5703 of this title] shall take effect as if included in the amendments made by section 8011 of the Omnibus Budget Reconciliation Act of 1986 [Pub. L. 99509].”
Effective Date of 1986 AmendmentsAmendment by Pub. L. 99514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99514, set out as a note under section 48 of this title. Pub. L. 99509, title VIII, § 8011(c), Oct. 21, 1986, 100 Stat. 1953, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 5054, 5703, and 5704 of this title] shall apply to removals during semimonthly periods ending on or after December 31, 1986. “(2) Imported articles, etc.—Subparagraphs (B) and (C) of section 5703(b)(2) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by this section), paragraphs (2) and (3) of section 5061(d) of such Code (as amended by this section), and the amendments made by subsections (a)(2) and (b)(2) [amending sections 5054 and 5704 of this title] shall apply to articles imported, entered for warehousing, or brought into the United States or a foreign trade zone after December 15, 1986. “(3) Special rule for distilled spirits and tobacco for semimonthly period ending december 15, 1986.—With respect to remittances of—“(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) Treatment of smokeless tobacco in inventory on June 30, 1986.—The tax imposed by section 5701(e) of the Internal Revenue Code of 1986 shall not apply to any smokeless tobacco which—“(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 AmendmentAmendment by Pub. L. 98369 applicable to taxes required to be paid on or after Sept. 30, 1984, see section 27(d)(2) of Pub. L. 98369, set out as a note under section 5001 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(a)(6), (b)(2)(E)(iii) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
Plan Amendments Not Required Until January 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 11011147 and 11711177] or title XVIII [§§ 18001899A] of Pub. L. 99514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99514, as amended, set out as a note under section 401 of this title.
Transitional Rules Relating to Determination and Payment of TaxPub. L. 9639, title VIII, § 808, July 26, 1979, 93 Stat. 291, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(a) Liability for Payment of Tax.—Except as otherwise provided in this section, the tax on all distilled spirits which have been withdrawn from bond on determination of tax and on which tax has not been paid by the close of December 31, 1979, shall become due on January 1, 1980, and shall be payable in accordance with section 5061 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]. “(b) Treatment of Controlled Stock and Bulk Wine.—“(1) Election with respect to controlled stock.—The proprietor of a distilled spirits plant may elect to convert any distilled spirits or wine which on January 1, 1980, is controlled stock. “(2) Election with respect to wine.—The proprietor of a distilled spirits plant may elect to convert any bulk wine which on January 1, 1980, is on the premises of a distilled spirits plant. “(3) Effect of election.—If an election under paragraph (1) or (2) is in effect with respect to any controlled stock or wine—“(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) Making of elections.—The elections under this subsection shall be made at such time and in such manner as the Secretary shall by regulations prescribe. “(c) Taxpaid Stock.—“(1) Taxpaid stock may remain on bonded premises during 1980.—Section 5612(a) of the Internal Revenue Code of 1986 (relating to forfeiture of taxpaid distilled spirits remaining on bonded premises) shall not apply during 1980. “(2) Separation of taxpaid stock.—All distilled spirits and wine on which tax has been paid and which are on the bonded premises of a distilled spirits plant shall be physically separated from other distilled spirits and wine. Such separation shall be by the use of separate tanks, rooms, or buildings, or by partitioning, or by such other methods as the Secretary finds will distinguish such distilled spirits and wine from other distilled spirits and wine on the bonded premises of the distilled spirits plant. “(d) Return of Distilled Spirits Products Containing Taxpaid Wine.—With respect to distilled spirits returned to the bonded premises of distilled spirits plants during 1980, section 5008(c)(1) of the Internal Revenue Code of 1986 (relating to refunds for distilled spirits returned to bonded premises) shall be treated as including a reference to section 5041 of such Code. “(e) Return of Distilled Spirits Products Containing Other Alcoholic Ingredients.—With respect to distilled spirits to which alcoholic ingredients other than distilled spirits have been added and which have been withdrawn from a distilled spirits plant before January 1, 1980, section 5215(a) of the Internal Revenue Code of 1986 shall apply only if such spirits are returned to the distilled spirits plant from which withdrawn. “(f) Secretary Defined.—For purposes of this section, the term Secretary means the Secretary of the Treasury or his delegate.”
@@ -0,0 +1,61 @@
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# 26 U.S.C. § 5062 - Refund and drawback in case of exportation
## Text
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1336; amended Pub. L. 88539, § 1, Aug. 31, 1964, 78 Stat. 746; Pub. L. 8944, title VIII, § 805(f)(6), June 21, 1965, 79 Stat. 161; Pub. L. 90630, § 2(a), Oct. 22, 1968, 82 Stat. 1328; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 1, Nov. 14, 1977, 91 Stat. 1363; Pub. L. 98369, div. A, title IV, § 454(c)(1), July 18, 1984, 98 Stat. 820.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5062, act Aug. 16, 1954, ch. 736, 68A Stat. 614, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1984—Subsec. (b). Pub. L. 98369 substituted “have been marked” for “have been stamped or restamped, and marked”. 1977—Subsec. (b). Pub. L. 95176 substituted in first sentence “manufactured, produced, bottled, or packaged in casks or other bulk containers” and “other bulk container” for “manufactured or produced” and “package” and in last sentence “spirits and wines eligible for drawback under this subsection, including the requirements” for “domestic distilled spirits and wines, including the requirement”. 1976—Subsecs. (a), (b), (c)(1). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1968—Subsec. (b). Pub. L. 90630 permitted, under Treasury regulations, drawback of the tax where the stamping, restamping, or marking is done after the spirits have been removed from the original bottling plant. 1965—Subsec. (c)(1). Pub. L. 8944 struck out “within six months of their release therefrom” after “customs custody”. 1964—Subsec. (c). Pub. L. 88539 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90630 applicable only to articles exported on or after first day of first calendar month which begins more than 90 days after Oct. 22, 1968, see section 4 of Pub. L. 90630, set out as a note under section 5008 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 effective July 1, 1965, see section 805(g)(1) of Pub. L. 8944, set out as a note under section 5008 of this title.
Effective Date of 1964 AmendmentPub. L. 88539, § 2, Aug. 31, 1964, 78 Stat. 746, provided that: “The amendment made by the first section of this Act [amending this section] shall apply with respect to articles exported or destroyed after the date of the enactment of this Act [Aug. 31, 1964].”
@@ -0,0 +1,39 @@
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# 26 U.S.C. § 5063 - Repealed. Pub. L. 8944, title V, § 501(e), June 21, 1965, 79 Stat. 150]
## Notes
Section, Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1336; Pub. L. 8675, § 3(b)(1), June 30, 1959, 73 Stat. 157; Pub. L. 86564, title II, § 202(b)(1), June 30, 1960, 74 Stat. 290; Pub. L. 8772, § 3(b)(1), June 30, 1961, 75 Stat. 193; Pub. L. 87508, § 3(b)(1), June 28, 1962, 76 Stat. 114; Pub. L. 8852, § 3(b)(1)(A), June 29, 1963, 77 Stat. 72; Pub. L. 88348, § 2(b)(1)(A), June 30, 1964, 78 Stat. 237, made provision for floor stocks refunds on distilled spirits, wines, cordials, and beer and set out limitations on the eligibility for such refunds or credits.
A prior section 5063, act Aug. 16, 1954, ch. 736, 68A Stat. 615, consisted of provisions similar to those comprising section 5063, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal applicable on and after July 1, 1965, see section 701(d) of Pub. L. 8944, set out as an Effective Date of 1965 Amendment note under section 5701 of this title.
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# 26 U.S.C. § 5064 - Losses resulting from disaster, vandalism, or malicious mischief
## Text
(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 Robert T. Stafford 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1337; amended Pub. L. 91606, title III, § 301(i), Dec. 31, 1970, 84 Stat. 1759; Pub. L. 93288, title VII, § 702(i), formerly title VI, § 602(i), May 22, 1974, 88 Stat. 164, renumbered title VII, § 702(i), Pub. L. 103337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95423, § 1(a), Oct. 6, 1978, 92 Stat. 935; Pub. L. 9639, title VIII, § 807(a)(10), July 26, 1979, 93 Stat. 282; Pub. L. 100707, title I, § 109(l), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 108311, title IV, § 408(a)(7)(D), Oct. 4, 2004, 118 Stat. 1191.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(3), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Prior ProvisionsA prior section 5064, act Aug. 16, 1954, ch. 736, 68A Stat. 615, related to “territorial extent of law”, prior to the general revision of this chapter by Pub. L. 85859. See section 5065 of this title.
Amendments2004—Subsec. (b)(3). Pub. L. 108311 inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act” in introductory provisions. 1988—Subsec. (b)(3). Pub. L. 100707 substituted “and Emergency Assistance Act” for “Act of 1974”. 1979—Pub. L. 9639 struck out “rectified products,” after “distilled spirits, wines,” wherever appearing. 1978—Pub. L. 95423 substituted “Losses resulting from disaster, vandalism, or malicious mischief” for “Losses caused by disaster” in section catchline. Subsec. (a). Pub. L. 95423 substituted provisions authorizing the Secretary, under such regulations as he may prescribe, to pay the prescribed amount on distilled spirits, etc., lost, rendered unmarketable, or condemned by a duly authorized official by reason of fire, flood, casualty or other disaster, breakage, destruction, or other damage (but not including theft) resulting from vandalism or malicious mischief, for provisions authorizing such payment where the President has determined under the Disaster Relief Act of 1974 that a “major disaster” has occurred, and that distilled spirits, etc., were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring after June 30, 1959. Subsec. (b). Pub. L. 95423 redesignated par. (1) as (1)(A), substituted provisions disallowing a claim unless filed within 6 months after such distilled spirits, etc., were lost, rendered unmarketable or condemned, for provisions disallowing a claim unless filed within 6 months after the President determined that such disaster occurred, and added par. (1)(B); in par. (2) substituted provisions limiting claims to no less than $250, except as provided in par. (3)(A), for provisions demanding proof that claimant was not indemnified by any valid claim of insurance and that he is entitled to payment under this section; and added pars. (3) and (4). 1976—Subsecs. (a) to (c). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1974—Subsec. (a). Pub. L. 93288 substituted “Disaster Relief Act of 1974” for “Disaster Relief Act of 1970”. 1970—Subsec. (a). Pub. L. 91606 substituted “Disaster Relief Act of 1970” for “Act of September 30, 1950 (42 U.S.C. 1855)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1978 AmendmentPub. L. 95423, § 1(c), Oct. 6, 1978, 92 Stat. 936, provided that: “The amendments made by this section [amending this section] shall apply to disasters (or other damage) occurring on or after the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Oct. 6, 1978].”
Effective Date of 1974 AmendmentAmendment by Pub. L. 93288 effective Apr. 1, 1974, see section 605 of Pub. L. 93288, formerly set out as an Effective Date note under section 5121 of Title 42, The Public Health and Welfare.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91606 effective Dec. 31, 1970, see section 304 of Pub. L. 91606, set out as a note under section 165 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
Exception to Effective DatePub. L. 85859, title II, § 210(a)(3), Sept. 2, 1958, 72 Stat. 1435, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “Provisions having the effect of section 5064 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as such section is included in chapter 51 of such Code as amended by section 201 of this Act) shall be deemed to be included in the Internal Revenue Code of 1986, effective on the day following the date of the enactment of this Act [Sept. 2, 1958], and shall apply with respect to disasters occurring after such date of enactment, and not later than June 30, 1959.”
Beer Lost by Reason of Floods of 1951 or Hurricanes of 1954Pub. L. 85859, title II, § 207, Sept. 2, 1958, 72 Stat. 1432, provided for payment of an amount equal to the amount of taxes paid under section 3150(a) of the Internal Revenue Code of 1939 on fermented malt liquor which was lost, rendered unmarketable, or condemned by reason of the floods of 1951 or the hurricanes of 1954, under certain conditions and under regulations to be prescribed.
Losses of Alcoholic Liquors Caused by DisasterPub. L. 85859, title II, § 208, Sept. 2, 1958, 72 Stat. 1432, provided for payment of an amount equal to the amount of taxes and customs duties paid on distilled spirits, wines, rectified products, and beer previously withdrawn, which were lost, rendered unmarketable, or condemned by reason of a major disaster occurring after Dec. 31, 1954, and not later than Sept. 2, 1958, under certain conditions and under regulations to be prescribed.
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# 26 U.S.C. § 5065 - Territorial extent of law
## Text
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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1337.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5065, act Aug. 16, 1954, ch. 736, 68A Stat. 615, made a cross reference to general administrative provisions applicable to assessment, collection, refund, etc., of taxes, prior to the general revision of this chapter by Pub. L. 85859. Provisions similar to those comprising this section were contained in former section 5064, act Aug. 16, 1954, ch. 736, 68A Stat. 615, prior to the general revision of this chapter by Pub. L. 85859.
@@ -0,0 +1,63 @@
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# 26 U.S.C. § 5066 - Distilled spirits for use of foreign embassies, legations, etc.
## Text
(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)(4) 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 Pub. L. 91659, § 3(a), Jan. 8, 1971, 84 Stat. 1965; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 2(d), Nov. 14, 1977, 91 Stat. 1364; Pub. L. 9639, title VIII, § 807(a)(11), July 26, 1979, 93 Stat. 282; Pub. L. 98369, div. A, title IV, § 454(c)(2), July 18, 1984, 98 Stat. 820; Pub. L. 115141, div. U, title IV, § 401(a)(240), Mar. 23, 2018, 132 Stat. 1195.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5066 was renumbered 5068 of this title.
Amendments2018—Subsec. (d). Pub. L. 115141 substituted “section 5001(a)(4)” for “section 5001(a)(5)”. 1984—Subsec. (a)(2). Pub. L. 98369 substituted “marked” for “stamped or restamped, and marked,”. 1979—Subsec. (a)(1). Pub. L. 9639, § 807(a)(11)(A), substituted “bottled distilled spirits” for “distilled spirits bottled in bond for export under the provisions of section 5233, or bottled distilled spirits returned to bonded premises under section 5215(b),”. Subsec. (b). Pub. L. 9639, § 807(a)(11)(B), struck out “or domestic distilled spirits transferred to customs bonded warehouses under section 5521(d)(2)” after “the provisions of subsection (a)”. 1977—Subsec. (a)(1). Pub. L. 95176 substituted par. (1) heading “Bottled distilled spirits withdrawn from bonded premises” for “Distilled spirits bottled in bond for export” and authorized withdrawal of bottled distilled spirits returned to bonded premises under section 5215(b) as provided in section 5214(a)(4). 1976—Subsecs. (a), (b). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective DatePub. L. 91659, § 6, Jan. 8, 1971, 84 Stat. 1966, provided that: “This Act [enacting this section and amending sections 5008, 5173, 5178, 5215, and 5232 of this title] shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [Jan. 8, 1971].”
@@ -0,0 +1,51 @@
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# 26 U.S.C. § 5067 - Reduced rates not allowed for smuggled or illegally produced beer, wine, or spirits
## Text
In the case of beer, wine, or distilled spirits that are smuggled into the United States or produced other than as authorized by this chapter—
(1) the rates of tax under paragraphs (1)(A)(i) and (2) of section 5051(a) shall not apply in the case of any such beer,
(2) the credit under section 5041(c) shall not apply in the case of any such wine, and
(3) the rates of tax under section 5001(c) shall not apply in the case of any such distilled spirits.
(Added Pub. L. 116260, div. EE, title I, § 108(a), Dec. 27, 2020, 134 Stat. 3049.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5067 was renumbered section 5068 of this title.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 116260, div. EE, title I, § 108(c), Dec. 27, 2020, 134 Stat. 3049, provided that: “The amendments made by this section [enacting this section and transferring former section 5067 of this title to section 5068 of this title] shall apply to beer, wine, or distilled spirits, as the case may be, produced after the date of the enactment of this Act [Dec. 27, 2020].”
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# 26 U.S.C. § 5068 - Cross reference
## Text
For general administrative provisions applicable to the assessment, collection, refund, etc., of taxes, see subtitle F.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1338, § 5066; renumbered § 5067, Pub. L. 91659, § 3(a), Jan. 8, 1971, 84 Stat. 1965; renumbered § 5068, Pub. L. 116260, div. EE, title I, § 108(a), Dec. 27, 2020, 134 Stat. 3049.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in former section 5065, act Aug. 16, 1954, ch. 736, 68A Stat. 615, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5081, added Pub. L. 100203, title X, § 10512(a)(1)(A), Dec. 22, 1987, 101 Stat. 1330447; amended Pub. L. 100647, title VI, § 6106(a), (b), Nov. 10, 1988, 102 Stat. 3712, related to tax on proprietors of distilled spirits plants, bonded wine cellars, etc., prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(A), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5081, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1338, imposed a tax on rectifiers of distilled spirits or wines, prior to repeal by Pub. L. 9639, title VIII, §§ 803(b), 810, July 26, 1979, 93 Stat. 274, 292, effective Jan. 1, 1980. Another prior section 5081, act Aug. 16, 1954, ch. 736, 68A Stat. 615, imposed a tax on rectifiers of distilled spirits or wines, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5082, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1338, defined “rectifier”, prior to repeal by Pub. L. 9639, title VIII, §§ 803(b), 810, July 26, 1979, 93 Stat. 274, 292, effective Jan. 1, 1980. Another prior section 5082, act Aug. 16, 1954, ch. 736, 68A Stat. 616, defined “rectifier”, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5083, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1338; amended Pub. L. 8944, title VIII, § 805(f)(7), June 21, 1965, 79 Stat. 161, enumerated source authority for certain exemptions from tax under sections 5021 and 5081 of this title, prior to repeal by Pub. L. 9639, title VIII, §§ 803(b), 810, July 26, 1979, 93 Stat. 274, 292, effective Jan. 1, 1980. Another prior section 5083, act Aug. 16, 1954, ch. 736, 68A Stat. 616, enumerated source authority for certain exemptions from tax under sections 5021 and 5081 of this title, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5084, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339, made cross references to other provisions relating to rectification, prior to repeal by Pub. L. 9639, title VIII, §§ 803(b), 810, July 26, 1979, 93 Stat. 274, 292, effective Jan. 1, 1980. Another prior section 5084, act Aug. 16, 1954, ch. 736, 68A Stat. 616, made cross references to other provisions relating to rectification, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5091, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339; amended Pub. L. 100203, title X, § 10512(a)(2), Dec. 22, 1987, 101 Stat. 1330448, related to imposition of tax on brewers, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(B), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5091, act Aug. 16, 1954, ch. 736, 68A Stat. 616, related to imposition of tax on brewers, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5092, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339; amended Pub. L. 95458, § 2(b)(3), Oct. 14, 1978, 92 Stat. 1256, defined “brewer”, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(B), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5092, act Aug. 16, 1954, ch. 736, 68A Stat. 617, defined “brewer”, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5093, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339, set out cross references, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(B), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5093, act Aug. 16, 1954, ch. 736, 68A Stat. 617, set out cross references, prior to the general revision of this chapter by Pub. L. 85859.
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# 26 U.S.C. § 5101 - Notice of manufacture of still; notice of set up of still
## Text
(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 Pub. L. 98369, div. A, title IV, § 451(a), July 18, 1984, 98 Stat. 818.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5101, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339, contained provisions relating to imposition and rate of tax, prior to the general revision of this subpart by Pub. L. 98369. Another prior section 5101, act Aug. 16, 1954, ch. 736, 68A Stat. 617, related to special tax on manufacturers of stills, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98369, div. A, title IV, § 456, July 18, 1984, 98 Stat. 823, as amended by Pub. L. 99514, title XVIII, § 1845, Oct. 22, 1986, 100 Stat. 2856, provided that: “(a) In General.—Except as otherwise provided in this section the amendments made by this part [part II (§§ 451456) of subtitle D of title IV of div. A of Pub. L. 98369, enacting this section and section 5102 of this title, amending sections 5005, 5062, 5066, 5116, 5134, 5179, 5204, 5206, 5207, 5214, 5215, 5235, 5301, 5354, 5555, 5604, 5613, 5615, 5691, 6103, 6801, and 7213 of this title, repealing section 5205 of this title, and omitting sections 5103, 5105, and 5106 of this title] shall take effect on the first day of the first calendar month which begins more than 90 days after the date of the enactment of this Act [July 18, 1984]. “(b) Repeal of Stamp Requirement.—The amendments made by section 454 [amending sections 5062, 5066, 5116, 5204, 5206, 5207, 5215, 5235, 5301, 5555, 5604, 5613, and 6801 of this title and repealing section 5205 of this title] shall take effect on July 1, 1985. “(c) Fortification of Cooking Wine.—The amendments made by section 455 [amending sections 5005, 5214, and 5354 of this title] shall take effect on the date of the enactment of this Act [July 18, 1984]. “(d) Section 452.—The amendment made by section 452 [amending section 5134 of this title] shall apply to products manufactured or produced after October 31, 1984.”
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# 26 U.S.C. § 5102 - Definition of manufacturer of stills
## Text
Any person who manufactures any still or condenser to be used in distilling shall be deemed a manufacturer of stills.
(Added Pub. L. 98369, div. A, title IV, § 451(a), July 18, 1984, 98 Stat. 819.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5102, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339, defined manufacturer of stills, prior to the general revision of this subpart by Pub. L. 98369. Another prior section 5102, act Aug. 16, 1954, ch. 736, 68A Stat. 617, defined manufacturer of stills, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5103, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339, related to exemptions from the taxes imposed by section 5101 of this title, prior to the general revision of this subpart by Pub. L. 98369. Another prior section 5103, act Aug. 16, 1954, ch. 736, 68A Stat. 617, related to exemptions from taxes imposed by section 5101 of this title, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5104, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339, provided that the tax imposed on stills or condensers by section 5101 be paid by stamp, denoting the tax, under regulations prescribed by Secretary or his delegate, prior to repeal by Pub. L. 94455, title XIX, § 1905(b)(3)(A)(i), Oct. 4, 1976, 90 Stat. 1822, effective on first day of first month which began more than 90 days after Oct. 4, 1976. Another prior section 5104, act Aug. 16, 1954, ch. 736, 68A Stat. 617, required taxes to be paid by stamps, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5105, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1339; amended Pub. L. 94455, title XIX, §§ 1905(b)(6)(A), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834, related to notice of manufacturer of and permit to set up still, prior to the general revision of this subpart by Pub. L. 98369. See section 5101 of this title. Another prior section 5105, act Aug. 16, 1954, ch. 736, 68A Stat. 617, related to notice of manufacture of and permit to set up still, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5106, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1340; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to export without payment of tax and export with the privilege of drawback, prior to the general revision of this subpart by Pub. L. 98369. Another prior section 5106, act Aug. 16, 1954, ch. 736, 68A Stat. 618, related to payment of tax and drawback on exports, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on first day of first calendar month which begins more than 90 days after July 18, 1984, see section 456(a) of Pub. L. 98369, set out as a note under section 5101 of this title.
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# 26 U.S.C. § 5111 - Eligibility
## Text
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 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.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, § 5131; amended Pub. L. 94455, title XIX, § 1905(a)(11), Oct. 4, 1976, 90 Stat. 1819; Pub. L. 100203, title X, § 10512(d), Dec. 22, 1987, 101 Stat. 1330448; Pub. L. 103465, title I, § 136(b), Dec. 8, 1994, 108 Stat. 4841; renumbered § 5111 and amended Pub. L. 10959, title XI, § 11125(a)(2), (b)(3)(A), (C), Aug. 10, 2005, 119 Stat. 1953, 1954.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5111, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1340; amended Pub. L. 94455, title XIX, § 1905(b)(3)(B), Oct. 4, 1976, 90 Stat. 1822; Pub. L. 100203, title X, § 10512(b), Dec. 22, 1987, 101 Stat. 1330448, related to tax on wholesale dealers in liquors or beer, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(C), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5111, act Aug. 16, 1954, ch. 736, 68A Stat. 618, related to tax on wholesale and retail dealers in liquors or beer, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Pub. L. 10959, § 11125(b)(3)(C), struck out “and rate of tax” after “Eligibility” in section catchline, struck out “(a) Eligibility for drawback” before “Any person”, and struck out subsec. (b). Text read as follows: “The special tax imposed by subsection (a) shall be $500 per year.” Pub. L. 10959, § 11125(b)(3)(A), renumbered section 5131 of this title as this section. Subsec. (a). Pub. L. 10959, § 11125(a)(2), struck out “, on payment of a special tax per annum,” after “beverage purposes”. 1994—Subsec. (a). Pub. L. 103465 substituted “flavoring extracts, or perfume” for “or flavoring extracts”. 1987—Subsec. (b). Pub. L. 100203 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The special tax imposed by subsection (a) shall be graduated in amount as follows: (1) for total annual use not exceeding 25 proof gallons, $25 a year; (2) for total annual use not exceeding 50 proof gallons, $50 a year; (3) for total annual use of more than 50 proof gallons, $100 a year.” 1976—Subsec. (a). Pub. L. 94455 struck out “produced in a domestic registered distillery or industrial alcohol plant and withdrawn from bond, or using distilled spirits withdrawn from the bonded premises of a distilled spirits plant,” after “Any person using distilled spirits”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title.
Effective Date of 1987 AmendmentPub. L. 100203, title X, § 10512(h), Dec. 22, 1987, 101 Stat. 1330450, provided that: “(1) In general.—The amendments made by this section [enacting sections 5081, 5276, and 5731 of this title and amending this section and sections 5091, 5121, 5131, 5691, and 5801 of this title] shall take effect on January 1, 1988. “(2) All taxpayers treated as commencing in business on january 1, 1988.—“(A) In general.—Any person engaged on January 1, 1988, in any trade or business which is subject to an occupational tax shall be treated for purposes of such tax as having 1st engaged in such trade or business on such date. “(B) Limitation on amount of tax.—In the case of a taxpayer who paid an occupational tax in respect of any premises for any taxable period which began before January 1, 1988, and includes such date, the amount of the occupational tax imposed by reason of subparagraph (A) in respect of such premises shall not exceed an amount equal to ½ the excess (if any) of—“(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) Occupational tax.—For purposes of this paragraph, the term occupational tax means any tax imposed under part II of subchapter A of chapter 51, section 5276, section 5731, or section 5801 of the Internal Revenue Code of 1986 (as amended by this section). “(D) Due date of tax.—The amount of any tax required to be paid by reason of this paragraph shall be due on April 1, 1988.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
@@ -0,0 +1,47 @@
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# 26 U.S.C. § 5112 - Registration and regulation
## Text
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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, § 5132; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 103465, title I, § 136(b), Dec. 8, 1994, 108 Stat. 4841; renumbered § 5112, Pub. L. 10959, title XI, § 11125(b)(3)(A), Aug. 10, 2005, 119 Stat. 1953.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5112, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1340, defined “dealer”, “wholesale dealer in liquors”, and “wholesale dealer in beer”, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(C), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5112, act Aug. 16, 1954, ch. 736, 68A Stat. 618, contained definitions of wholesale dealers, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Pub. L. 10959 renumbered section 5132 of this title as this section. 1994—Pub. L. 103465 substituted “flavoring extracts, or perfume” for “or flavoring extracts”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5113 - Investigation of claims
## Text
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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1346, § 5133; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; renumbered § 5113, Pub. L. 10959, title XI, § 11125(b)(3)(A), Aug. 10, 2005, 119 Stat. 1953.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5113, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1340; amended Pub. L. 87863, § 4(b), Oct. 23, 1962, 76 Stat. 1142; Pub. L. 94455, title XIX, §§ 1905(a)(7), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1819, 1834; Pub. L. 100647, title II, § 2004(t)(2), (4), Nov. 10, 1988, 102 Stat. 3609, 3610, related to exemptions from tax, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(C), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5113, act Aug. 16, 1954, ch. 736, 68A Stat. 619, related to exemptions from tax, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Pub. L. 10959 renumbered section 5133 of this title as this section. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
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# 26 U.S.C. § 5114 - Drawback
## Text
(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 claimants 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 6665(a).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1346, § 5134; amended Pub. L. 90615, § 2(a), Oct. 21, 1968, 82 Stat. 1210; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98369, div. A, title IV, § 452, July 18, 1984, 98 Stat. 819; Pub. L. 103465, title I, § 136(b), Dec. 8, 1994, 108 Stat. 4841; Pub. L. 104188, title I, § 1704(t)(12), Aug. 20, 1996, 110 Stat. 1888; renumbered § 5114, Pub. L. 10959, title XI, § 11125(b)(3)(A), Aug. 10, 2005, 119 Stat. 1953.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5114 was renumbered section 5432 of this title. Another prior section 5114, act Aug. 16, 1954, ch. 736, 68A Stat. 619, related to recordkeeping by wholesale dealers, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5115, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1342; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to requirement that a sign be posted on premises where liquor is sold and penalty for noncompliance, prior to repeal by Pub. L. 10534, title XIV, § 1415(a), Aug. 5, 1997, 111 Stat. 1047. Another prior section 5115, act Aug. 16, 1954, ch. 736, 68A Stat. 620, related to making and stamping packages filled on premises of wholesale dealers, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5116 was renumbered section 5131 of this title. Another prior section 5116, act Aug. 16, 1954, ch. 736, 68A Stat. 620, related to packaging of distilled spirits for industrial uses, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5117, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1343; amended Pub. L. 94455, title XIX, § 1905(a)(8), Oct. 4, 1976, 90 Stat. 1819; Pub. L. 108357, title II, § 246(b), Oct. 22, 2004, 118 Stat. 1448, related to prohibited purchases by wholesale dealers in liquors, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(C), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date.
Amendments2005—Pub. L. 10959 renumbered section 5134 of this title as this section. 1996—Subsec. (c)(3). Pub. L. 104188 substituted “section 6665(a)” for “section 6662(a)”. 1994—Subsec. (c)(1). Pub. L. 103465 substituted “flavoring extracts, or perfume” for “or flavoring extracts”. 1984—Subsec. (c). Pub. L. 98369 added subsec. (c). 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1968—Subsec. (b). Pub. L. 90615 substituted “6 months” for “3 months” in last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 136(d) of Pub. L. 103465, set out as a note under section 5001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 applicable to products manufactured or produced after Oct. 31, 1984, see section 456(d) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1968 AmendmentPub. L. 90615, § 2(b), Oct. 21, 1968, 82 Stat. 1210, provided that: “The amendment made by subsection (a) [amending this section] shall apply to claims filed on or after the date of the enactment of this Act [Oct. 21, 1968].”
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# 26 U.S.C. § 5121 - Recordkeeping by wholesale dealers
## Text
(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) Wholesale dealers For purposes of this part—
(1) Wholesale dealer in liquors 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.
(2) Wholesale dealer in beer The term “wholesale dealer in beer” means any dealer who sells, or offers for sale, beer, but not distilled spirits or wines, to another dealer.
(3) Dealer The term “dealer” means any person who sells, or offers for sale, any distilled spirits, wines, or beer.
(4) Presumption in case of sale of 20 wine gallons or more The sale, or offer for sale, of distilled spirits, wines, or beer, in quantities of 20 wine gallons or more to the same person at the same time, shall be presumptive evidence that the person making such sale, or offer for sale, is engaged in or carrying on the business of a wholesale dealer in liquors or a wholesale dealer in beer, as the case may be. Such presumption may be overcome by evidence satisfactorily showing that such sale, or offer for sale, was made to a person other than a dealer.
(d) 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 5123.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1342, § 5114; amended Pub. L. 94455, title XIX, §§ 1905(c)(1), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834; renumbered § 5121 and amended Pub. L. 10959, title XI, § 11125(b)(5), Aug. 10, 2005, 119 Stat. 1954; Pub. L. 110172, § 11(a)(31), Dec. 29, 2007, 121 Stat. 2487.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5121, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1343; amended Pub. L. 94455, title XIX, § 1905(a)(9), (b)(3)(C), Oct. 4, 1976, 90 Stat. 1819, 1822; Pub. L. 100203, title X, § 10512(c), Dec. 22, 1987, 101 Stat. 1330448, related to special tax on retail dealers in liquors or beer, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5121, act Aug. 16, 1954, ch. 736, 68A Stat. 621, related to tax on retail dealers in liquors or beer, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2007—Pub. L. 110172, which directed amendment of this title by redesignating section 5432 as section 5121, was executed by making correction to amendment by Pub. L. 10959, § 11125(b)(5)(B)(i). See 2005 Amendment note below. 2005—Pub. L. 10959, § 11125(b)(5)(B)(i), which directed amendment of section 5114 of this title by substituting “§ 5432. Recordkeeping by wholesale dealers” for “§ 5114. Records” in section catchline, was executed by substituting “§ 5121. Recordkeeping by wholesale dealers” for “§ 5114. Records”, to reflect the probable intent of Congress and the subsequent amendment by Pub. L. 110172. See 2007 Amendment note above. Pub. L. 10959, § 11125(b)(5)(A), transferred section 5114 of this title to this subpart so as to appear after subpart analysis. Subsecs. (c), (d). Pub. L. 10959, § 11125(b)(5)(B)(ii), added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (d)(3). Pub. L. 10959, § 11125(b)(5)(C), substituted “section 5123” for “section 5146”. 1976—Subsec. (a). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing. Subsec. (b). Pub. L. 94455, §§ 1905(c)(1), 1906(b)(13)(A), struck out “or Territory” after “a State”, “Territories” after “States,”, and “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(c)(1) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5122 - Recordkeeping by retail dealers
## Text
(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) Retail dealers For purposes of this section—
(1) Retail dealer in liquors 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, distilled spirits, wines, or beer, to any person other than a dealer.
(2) Retail dealer in beer 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.
(3) Limited retail dealer The term “limited retail dealer” means any fraternal, civic, church, labor, charitable, benevolent, or ex-servicemens 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.
(4) Dealer The term “dealer” has the meaning given such term by section 5121(c)(3).
(d) Cross references For provisions relating to the preservation and inspection of records, and entry of premises for inspection, see section 5123.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, § 5124; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; renumbered § 5122 and amended Pub. L. 10959, title XI, § 11125(b)(6), Aug. 10, 2005, 119 Stat. 1955.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5122, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1344; amended Pub. L. 94455, title XIX, § 1905(a)(10), Oct. 4, 1976, 90 Stat. 1819, defined “retail dealer in liquors”, “retail dealer in beer”, and “limited retail dealer”, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5122, act Aug. 16, 1954, ch. 736, 68A Stat. 621, related to definition of retail dealers in liquors and beer, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Pub. L. 10959, § 11125(b)(6)(A), (B)(i), renumbered section 5124 of this title as this section, transferred section to this subpart so as to appear after section 5121, and substituted “Recordkeeping by retail dealers” for “Records” in section catchline. Subsec. (c). Pub. L. 10959, § 11125(b)(6)(B)(iii), added subsec. (c). Former subsec. (c) redesignated (d). Pub. L. 10959, § 11125(b)(6)(B)(ii), substituted “section 5123” for “section 5146”. Subsec. (d). Pub. L. 10959, § 11125(b)(6)(B)(iii), redesignated subsec. (c) as (d). 1976—Subsec. (b). Pub. L. 94455 struck out “or his delegate” after “Secretary” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
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# 26 U.S.C. § 5123 - Preservation and inspection of records, and entry of premises for inspection
## Text
(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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1348, § 5146; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; renumbered § 5123, Pub. L. 10959, title XI, § 11125(b)(7), Aug. 10, 2005, 119 Stat. 1955.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5123, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1344; amended Pub. L. 87863, § 4(a), Oct. 23, 1962, 76 Stat. 1142; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 100647, title II, § 2004(t)(3), Nov. 10, 1988, 102 Stat. 3610, related to exemptions from special tax on certain wholesale and retail dealers in liquors or beer, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5123, act Aug. 16, 1954, ch. 736, 68A Stat. 621, related to exemptions from tax on retail dealers of liquors or beer, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Pub. L. 10959 renumbered section 5146 of this title as this section and transferred section to this subpart so as to appear after section 5122. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
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# 26 U.S.C. § 5124 - Registration by dealers
## Text
Every dealer who is subject to the recordkeeping requirements under section 5121 or 5122 shall register with the Secretary such dealers name or style, place of residence, trade or business, and the place where such trade or business is to be carried on. In the case of a firm or company, the names of the several persons constituting the same, and the places of residence, shall be so registered.
(Added Pub. L. 10959, title XI, § 11125(b)(8), Aug. 10, 2005, 119 Stat. 1955.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5124 was renumbered section 5122 of this title. Another prior section 5124, act Aug. 16, 1954, ch. 736, 68A Stat. 622, related to recordkeeping requirements of retail dealers in liquors or beer, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5125, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, set out cross references, prior to repeal by Pub. L. 10959, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as an Effective Date of 2005 Amendment note under section 5002 of this title.
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# 26 U.S.C. § 5131 - Packaging distilled spirits for industrial uses
## Text
(a) General The Secretary may, at his discretion and under such regulations as he may prescribe, authorize a dealer (as defined in section 5121(c)) 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 Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1343, § 5116; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(12), July 26, 1979, 93 Stat. 282; Pub. L. 98369, div. A, title IV, § 454(c)(3), July 18, 1984, 98 Stat. 821; renumbered § 5131 and amended Pub. L. 10959, title XI, § 11125(b)(11), Aug. 10, 2005, 119 Stat. 1956.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5131 was renumbered section 5111 of this title. Another prior section 5131, act Aug. 16, 1954, ch. 736, 68A Stat. 622, related to eligibility for drawback and rate of tax, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2005—Pub. L. 10959, § 11125(b)(11), renumbered section 5116 of this title as this section and transferred section to this subpart so as to appear after subpart analysis. Subsec. (a). Pub. L. 10959, § 11125(b)(11), inserted “(as defined in section 5121(c))” after “dealer”. 1984—Subsec. (b). Pub. L. 98369 substituted “reference” for “references” in heading, struck out former par. (1) which provided a cross reference to section 5205(a)(1) of this title regarding stamps for immediate containers, and struck out designation “(2)” preceding provisions relating to containers of distilled spirits. 1979—Subsec. (b)(1). Pub. L. 9639 substituted “section 5205(a)(1)” for “section 5205(a)(2)”. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5171 - Establishment
## Text
(a) Certain operations may be conducted only on bonded premises Except as otherwise provided by law, operations as a distiller, warehouseman, or processor may be conducted only on the bonded premises of a distilled spirits plant by a person who is qualified under this subchapter.
(b) Establishment of distilled spirits plant A distilled spirits plant may be established only by a person who intends to conduct at such plant operations as a distiller, as a warehouseman, or as both.
(c) Registration (1) In general Each person shall, before commencing operations at a distilled spirits plant (and at such other times as the Secretary may by regulations prescribe), make application to the Secretary for, and receive notice of, the registration of such plant.
(2) Application required where new operations are added No operation in addition to those set forth in the application made pursuant to paragraph (1) may be conducted at a distilled spirits plant until the person has made application to the Secretary for, and received notice of, the registration of such additional operation.
(3) Secretary may establish minimum capacity and level of activity requirements The Secretary may by regulations prescribe for each type of operation minimum capacity and level of activity requirements for qualifying premises as a distilled spirits plant.
(4) Applicant must comply with law and regulations No plant (or additional operation) shall be registered under this section until the applicant has complied with the requirements of law and regulations in relation to the qualification of such plant (or additional operation).
(d) Permits (1) Requirements Each person required to file an application for registration under subsection (c) whose distilled spirits operations (or any part thereof) are not required to be covered by a basic permit under the Federal Alcohol Administration Act (27 U.S.C. secs. 203 and 204) shall, before commencing the operations (or part thereof) not so covered, apply for and obtain a permit under this subsection from the Secretary to engage in such operations (or part thereof). Subsections (b), (c), (d), (e), (f), (g), and (h) of section 5271 are hereby made applicable to persons filing applications and permits required by or issued under this subsection.
(2) Exceptions for agencies of a State or political subdivisions Paragraph (1) shall not apply to any agency of a State or political subdivision thereof or to any officer or employee of any such agency, and no such agency, officer, or employee shall be required to obtain a permit thereunder.
(e) Cross references (1) For penalty for failure of a distiller or processor to file application for registration as required by this section, see section 5601(a)(2).
(2) For penalty for the filing of a false application by a distiller, warehouseman, or processor of distilled spirits, see section 5601(a)(3).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1349; amended Pub. L. 94455, title XIX, §§ 1905(a)(13), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834; Pub. L. 9639, title VIII, § 805(a), July 26, 1979, 93 Stat. 274.)
## Notes
Editorial Notes
References in TextThe Federal Alcohol Administration Act, referred to in subsec. (d)(1), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, which is classified generally to subchapter I (§ 201 et seq.) of chapter 8 of Title 27, Intoxicating Liquors. The basic permit is covered by sections 203 and 204 of Title 27. For complete classification of this Act to the Code, see section 201 of Title 27 and Tables.
Prior ProvisionsA prior section 5171, act Aug. 16, 1954, ch. 736, 68A Stat. 627, related to “premises prohibited for distilling”, prior to the general revision of this chapter by Pub. L. 85859. See sections 5178(a)(1)(B), (b), (c)(2), and 5505(b) of this title. Provisions similar to those comprising subsecs. (a), (b)(1) and (c) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5172, 5175(a), 5177(a), 5178, 5231, 5243(a), 5271(a), 53015303, 5305, 5331(a)(1). (b)(1)53015303, 5304(a)(1). (c)5175(b), 5271(b). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 627 to 631, 643, 645, 650, 654, 655.
Amendments1979—Subsecs. (a), (b). Pub. L. 9639 added subsecs. (a) and (b) and redesignated former subsecs. (a) and (b) as (c) and (d), respectively. Subsec. (c). Pub. L. 9639 redesignated former subsec. (a) as (c) and inserted provisions relating to an application requirement where new operations are added and permitting the Secretary to establish minimum capacity and level of activity requirements. Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 9639 redesignated former subsec. (b) as (d) and substituted reference to subsection (c) for reference to subsection (a) and struck out reference to section 5274. Subsec. (e). Pub. L. 9639 redesignated former subsec. (c) as (e) and substituted reference to processor for reference to rectifier and reference to warehouseman for reference to bonded warehouseman and struck out reference to bottler. 1976—Subsec. (b)(1). Pub. L. 94455, §§ 1905(a)(13)(A), 1906(b)(13)(A), struck out “49 Stat. 978;” before “27 U.S.C. 203, 204” in parenthetical provisions after “Federal Alcohol Administration Act” and struck out “or his delegate” after “Secretary”. Subsec. (b)(3). Pub. L. 94455, § 1905(a)(13)(B), struck out par. (3) under which persons who were qualified on June 30, 1959, to perform operations for which a permit was required covering operations not required to be covered by a basic permit under the Federal Alcohol Administration Act had been allowed to continue operations pending a reasonable opportunity to make application for a permit.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(a)(13) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
Transitional Rules Relating to All-In-Bond MethodPub. L. 9639, title VIII, § 809(a), (b), July 26, 1979, 93 Stat. 292, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(a) New Application Required.—“(1) In general.—For purposes of section 5171 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to establishment of distilled spirits plants), each person who intends to continue any distilled spirits operation at a premises after December 31, 1979, shall be treated as intending to establish a distilled spirits plant on such premises on January 1, 1980. “(2) Current registration to remain in effect.—Notwithstanding paragraph (1), the registration of any person under section 5171 of the Internal Revenue Code of 1986 which is in effect on December 31, 1979, shall remain in effect until final action on the application required by paragraph (1). “(b) Continuing Operations at Existing Premises.—With respect to any operation which was permitted to be conducted on May 1, 1979, at premises which were registered on such date under section 5171 of the Internal Revenue Code of 1986, the determination of whether such premises qualify for registration under such section as a distilled spirits plant shall be made without regard to whether or not—“(1) the person engaged in operations at such premises is registered under such section with respect to such premises as a distiller or warehouseman, and “(2) such premises meet the minimum capacity and level of activity requirements for that type of operation.”
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# 26 U.S.C. § 5172 - Application
## Text
The application for registration required by section 5171(c) shall, in such manner and form as the Secretary may by regulations prescribe, identify the applicant and persons interested in the business (or businesses) covered by the application, show the nature, location and extent of the premises, show the specific type or types of operations to be conducted on such premises, and show any other information which the Secretary may by regulations require for the purpose of carrying out the provisions of this chapter.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1349; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(13), July 26, 1979, 93 Stat. 282.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5172, act Aug. 16, 1954, ch. 736, 68A Stat. 627, related to “conditions precedent to carrying on business of distilling”, prior to the general revision of this chapter by Pub. L. 85859 and is covered in part by this section. See also sections 5171(a), 5173(a), 5178(a)(1)(A), and 5601(a)(2), (4) of this title. Provisions similar to those comprising this section were contained in prior sections 5175(a), 5178, 5231, 5243(a), 5271, 5301 to 5303, 5305, and 5331(a)(1), act Aug. 16, 1954, ch. 736, 68A Stat. 628, 631, 643, 645, 650, 654, 655, 657, 661, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Pub. L. 9639 substituted “section 5171(c)” for “section 5171(a)”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5173 - Bonds
## Text
(a) Operations at, and withdrawals from, distilled spirits plant must be covered by bond (1) Operations Except as provided under section 5551(d), no person intending to establish a distilled spirits plant may commence operations at such plant unless such person has furnished bond covering operations at such plant.
(2) Withdrawals Except as provided under section 5551(d), no distilled spirits (other than distilled spirits withdrawn under section 5214 or 7510) may be withdrawn from bonded premises except on payment of tax unless the proprietor of the bonded premises has furnished bond covering such withdrawal.
(b) Operations bonds The bond required by paragraph (1) of subsection (a) shall meet the requirements of paragraph (1), (2), or (3) of this subsection:
(1) One plant bond The bond covers operations at a single distilled spirits plant.
(2) Adjacent wine cellar bond The bond covers operations at a distilled spirits plant and at an adjacent bonded wine cellar.
(3) Area bond The bond covers operations at 2 or more distilled spirits plants (and adjacent bonded wine cellars) which—
(A) are located in the same geographical area (as designated in regulations prescribed by the Secretary), and
(B) are operated by the same person (or, in the case of a corporation, by such corporation and its controlled subsidiaries).
(c) Withdrawal bonds The bond required by paragraph (2) of subsection (a) shall cover withdrawals from 1 or more bonded premises the operations at which could be covered by the same operations bond under subsection (b).
(d) Unit bonds Under regulations prescribed by the Secretary, the requirements of paragraphs (1) and (2) of subsection (a) shall be treated as met by a unit bond which covers both operations at, and withdrawals from, 1 or more bonded premises which could be covered by the same operations bond under subsection (b).
(e) Terms and conditions (1) In general Any bond furnished under this section shall be conditioned that the person furnishing the bond—
(A) will faithfully comply with all provisions of law and regulations relating to the activities covered by such bond, and
(B) will pay—
(i) all taxes imposed by this chapter, and
(ii) all penalties incurred by, or fines imposed on, such person for violation of any such provision.
(2) Other terms and conditions Any bond furnished under this section shall contain such other terms and conditions as may be required by regulations prescribed by the Secretary.
(f) Amount (1) In general The penal sum of any bond shall be the amount determined under regulations prescribed by the Secretary.
(2) Maximum and minimum amount The Secretary shall by regulations prescribe a minimum amount and a maximum amount for each type of bond which may be furnished under this section.
(g) Total amount available The total amount of any bond furnished under this section shall be available for the satisfaction of any liability incurred under the terms and conditions of such bond.
(h) Special rules For purposes of this section—
(1) Withdrawal bonds In the case of any bond furnished under this section which covers withdrawals but not operations—
(A) such bond shall be in addition to the operations bond, and
(B) if distilled spirits are withdrawn under such bond, the operations bond shall no longer cover liability for payment of the tax on the spirits withdrawn.
(2) Adjacent wine cellars (A) Requirements No wine cellar shall be treated as being adjacent to a distilled spirits plant unless—
(i) such distilled spirits plant is qualified under this subchapter for the production of distilled spirits, and
(ii) such wine cellar and the distilled spirits plant are operated by the same person (or, in the case of a corporation, by such corporation and its controlled subsidiaries).
(B) Bond in lieu of wine cellar bond In the case of any adjacent wine cellar, a bond furnished under this section which covers operations at such wine cellar shall be in lieu of any bond which would otherwise be required under section 5354 with respect to such wine cellar (other than supplemental bonds required under the second sentence of section 5354).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1349; amended Pub. L. 91659, § 4, Jan. 8, 1971, 84 Stat. 1966; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 805(c), July 26, 1979, 93 Stat. 276; Pub. L. 114113, div. Q, title III, § 332(b)(2)(A), Dec. 18, 2015, 129 Stat. 3105.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5173, act Aug. 16, 1954, ch. 736, 68A Stat. 628, related to “distillery fixtures and equipment”, prior to the general revision of this chapter by Pub. L. 85859. See sections 5178(a)(1)(A), (2)(B)(C), (c)(1) and 5202(b) of this title. Provisions similar to those comprising subsecs. (a), (b), (b)(1), (b)(1)(A) to (C), (b)(3), (c), (c)(1), (d) and (e)(1) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5172, 5176(a), 5231, 5232(a), 5272(a), 53015303, 5304(a)(5), 5305, 5311(a)(3). (b)5176 (a), (d). (b)(1)5176(a), 5177(c). (b)(1)(A)(C)5177(b)(1)(3). (b)(3)5177(b)(4). (c)5232(a), 5302, 5303, 5306, 5331(a)(3). (c)(1)5232(a). (d)5272(a). (e)(1)5304(a)(5). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 627, 629 to 631, 643, 650, 654, 655, 657, 662.
Amendments2015—Subsec. (a)(1). Pub. L. 114113, § 332(b)(2)(A)(i), substituted “Except as provided under section 5551(d), no person” for “No person”. Subsec. (a)(2). Pub. L. 114113, § 332(b)(2)(A)(ii), substituted “Except as provided under section 5551(d), no distilled spirits” for “No distilled spirits”. 1979—Pub. L. 9639, among other changes, struck out provisions relating to liens on distillery property and the furnishing of indemnity bonds as methods of securing tax payments and inserted provisions relating to the one plant operations bond, which will cover the operations at a bonded wine cellar which is adjacent to the distilled spirits plant and operated by the same person. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1971—Subsec. (b)(1). Pub. L. 91659, § 4(b), extended exception clause in parenthetical by making reference to cl. (4) of this subsection. Subsec. (b)(2). Pub. L. 91659, § 4(c), inserted reference to par. (4). Subsec. (b)(4). Pub. L. 91659, § 4(a), added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114113 applicable to any calendar quarters beginning more than 1 year after Dec. 18, 2015, see section 332(c) of Pub. L. 114113, set out as a note under section 5061 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91659 effective on first day of first calendar month which begins more than 90 days after Jan. 8, 1971, see section 6 of Pub. L. 91659, set out as an Effective Date note under section 5066 of this title.
Transitional Rules Relating to All-In-Bond MethodPub. L. 9639, title VIII, § 809(c), July 26, 1979, 93 Stat. 292, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of section 5173 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to bonds), each person who intends to continue operation at a premises after December 31, 1979, shall be treated as intending to establish a distilled spirits plant on such premises on January 1, 1980.”
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# 26 U.S.C. § 5174 - Repealed. Pub. L. 9639, title VIII, § 807(a)(14), July 26, 1979, 93 Stat. 282]
## Notes
Section, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1352; amended Pub. L. 94455, title XIX, §§ 1905(a)(14), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834, related to withdrawal bonds.
A prior section 5174, act Aug. 16, 1954, ch. 736, 68A Stat. 630, related to “registry of stills”, prior to the general revision of this chapter by Pub. L. 85859. See sections 5179 and 5505(d) of this title.
Provisions similar to those comprising subsec. (a)(1) of section 5174, added by Pub. L. 85859, title I, § 201, Sept. 2, 1958, 725 Stat. 1352, relating to the withdrawal from bonded premises of distilled spirits on the furnishing of a bond by the proprietor of the bonded premises to secure payment of the tax on such spirits, were contained in prior sections 5176(b) and 5232(b), act Aug. 16, 1954, ch. 736, 68A Stat. 629, 643, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
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# 26 U.S.C. § 5175 - Export bonds
## Text
(a) Requirements No distilled spirits shall be withdrawn from bonded premises for exportation, or for transfer to a customs bonded warehouse, without payment of tax unless the exporter has furnished bond to cover such withdrawal under such regulations and conditions, and in such form and penal sum, as the Secretary may prescribe.
(b) Exception where proprietor withdraws spirits for exportation In the case of distilled spirits withdrawn from bonded premises by the proprietor for exportation without payment of tax, the bond of such proprietor required to be furnished under paragraph (1) of section 5173(a) covering such premises shall cover such exportation, and subsection (a) shall not apply.
(c) Cancellation or credit of export bonds The bonds given under subsection (a) shall be cancelled or credited and the bonds liable under subsection (b) credited if there is such proof of exportation as the Secretary may by regulations require.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1352; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 3(b), Nov. 14, 1977, 91 Stat. 1365; Pub. L. 9639, title VIII, § 807(a)(15), July 26, 1979, 93 Stat. 282; Pub. L. 10534, title XIV, § 1412(a), Aug. 5, 1997, 111 Stat. 1046.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5175, act Aug. 16, 1954, ch. 736, 68A Stat. 628, related to “notice of business of distiller”, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), (c) and 5172 of this title. Provisions similar to those comprising this section were contained in a prior section 5247(a), act Aug. 16, 1954, ch. 736, 68A Stat. 647, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1997—Subsec. (c). Pub. L. 10534 substituted “if there is such proof of exportation as the Secretary may by regulations require.” for “on the submission of such evidence, records, and certification indicating exportation as the Secretary may by regulations prescribe.” 1979—Subsec. (a). Pub. L. 9639, § 807(a)(15)(A), struck out “for storage therein pending exportation” after “customs bonded warehouse”. Subsec. (b). Pub. L. 9639, § 807(a)(15)(B), substituted “from bonded premises by the proprietor for exportation without payment of tax, the bond of such proprietor required to be furnished under paragraph (1) of section 5173(a) covering such premises shall cover such exportation, and subsection (a) shall not apply” for “for exportation without payment of tax on application of the proprietor of bonded premises, the bond of such proprietor covering such bonded premises shall cover such exportation and subsection (a) shall not be applicable”. 1977—Subsec. (a). Pub. L. 95176 required export bonds for withdrawals from bonded premises, without payment of tax, for transfer to a customs bonded warehouse for storage therein pending exportation. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10534, title XIV, § 1412(b), Aug. 5, 1997, 111 Stat. 1046, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Continuation of Distillers Notice and BondPub. L. 85859, title II, § 210(f), Sept. 2, 1958, 72 Stat. 1436, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “Notwithstanding any provision of section 5175 or 5176(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the Secretary of the Treasury or his delegate may waive, as to registered distillers or registered fruit distillers qualified to operate under bond on April 30, 1959, requirements for filing notice and executing new bond on May 1, 1959, if the distiller and the surety have executed consent to continuation of the terms of the existing bond to cover operations from May 1, 1959, to June 30, 1959, both dates inclusive. Nothing in this subsection shall be construed as limiting the authority of the Secretary of the Treasury or his delegate under section 5176(b) or (c) of the Internal Revenue Code of 1986.”
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# 26 U.S.C. § 5176 - New or renewed bonds
## Text
(a) General New bonds shall be required under sections 5173 and 5175 in case of insolvency or removal of any surety, and may, at the discretion of the Secretary, be required in any other contingency affecting the validity or impairing the efficiency of such bond.
(b) Bonds If the proprietor of a distilled spirits plant fails or refuses to furnish a bond required under paragraph (1) of section 5173(a) or to renew the same, and neglects to immediately withdraw the spirits and pay the tax thereon, the Secretary shall proceed to collect the tax.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1353; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(16), July 26, 1979, 93 Stat. 282.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5176(c), act Aug. 16, 1954, ch. 736, 68A Stat. 629, consisted of provisions similar to those comprising subsec. (a) of this section, prior to the general revision of this chapter by Pub. L. 85859. Prior section 5176(a), (b), (d), (e), related to distillers bond: form and approval; additional bond; exemption from survey requirements; and cross references, prior to the general revision of this chapter by Pub. L. 85859. See sections 5173(a), (b), 5174(a)(1) and 5177 of this title. Provisions similar to those comprising this section were contained in prior section 5232(c), act Aug. 16, 1954, ch. 736, 68A Stat. 643, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Subsec. (a). Pub. L. 9639, § 807(a)(16)(A), struck out “, 5174,” after “sections 5173”. Subsec. (b). Pub. L. 9639, § 807(a)(16)(A), substituted reference to paragraph (1) of section 5173(a) for reference to section 5173(c) and struck out provisions relating to failure or refusal of the proprietor of a distilled spirits plant to withdraw any spirits from storage on bonded premises before the expiration of the time limited on the bond and pay the tax thereon. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Continuation of Distillers Notice and BondAuthority to waive requirements for filing notice and executing new bond on May 1, 1959, if distiller and surety have executed consent to continuation of the terms of existing bond to cover operations from May 1, 1959 to June 30, 1959, see section 210(f) of Pub. L. 85859, set out as a note under section 5175 of this title.
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# 26 U.S.C. § 5177 - Other provisions relating to bonds
## Text
(a) General provisions relating to bonds The provisions of section 5551 shall be applicable to the bonds required by or given under sections 5173 and 5175.
(b) Cross references (1) For deposit of United States bonds or notes in lieu of sureties, see section 9303 of title 31, United States Code.
(2) For penalty and forfeiture for failure or refusal to give bond, or for giving false, forged, or fraudulent bond, or carrying on the business of a distiller without giving bond, see sections 5601(a)(4), 5601(a)(5), 5601(b), and 5615(3).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1353; amended Pub. L. 94455, title XIX, § 1905(b)(6)(B), Oct. 4, 1976, 90 Stat. 1823; Pub. L. 9639, title VIII, § 807(a)(17), July 26, 1979, 93 Stat. 282; Pub. L. 97258, § 3(f)(3), Sept. 13, 1982, 96 Stat. 1064.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5177, act Aug. 16, 1954, ch. 736, 68A Stat. 628, related to “conditions of approval of distillers bond”, prior to the general revision of this chapter by Pub. L. 85859. See section 5173(b)(1) of this title. Prior section 5177(a) was a general provision. See section 5171(a) of this title. Prior section 5177(b)(1) to (3) related to ownership, consent of owner, or indemnity bond. See section 5173(b)(1)(A) to (C) of this title. Prior section 5177(b)(4) related to judicial sale. See section 5173(b)(3) of this title. Prior section 5177(c) related to situation of distillery. See sections 5173(b)(1) and 5551(c) of this title. Prior section 5177(d) was a cross reference to penalty for improper approval of distillers bond, and to general provisions relating to approval, disapproval and appeal on bonds. See subsec. (a) of this section and section 5551 of this title. Provisions similar to those comprising subsec. (b) of this section were contained in prior sections 5176(e) and 5232(d), act Aug. 16, 1954, ch. 736, 68A Stat. 630, 644, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1982—Subsec. (b)(1). Pub. L. 97258 substituted “section 9303 of title 31, United States Code” for “6 U.S.C. 15”. 1979—Subsec. (a). Pub. L. 9639 struck out “, 5174,” after “sections 5173”. 1976—Subsec. (b)(2). Pub. L. 94455 substituted “5601(b)” for “5601(b)(2)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5178 - Premises of distilled spirits plants
## Text
(a) Location, construction, and arrangement (1) General (A) The premises of a distilled spirits plant shall be as described in the application required by section 5171(c). The Secretary shall prescribe such regulations relating to the location, construction, arrangement, and protection of distilled spirits plants as he deems necessary to facilitate inspection and afford adequate security to the revenue.
(B) No distilled spirits plant for the production of distilled spirits shall be located in any dwelling house, in any shed, yard, or inclosure connected with any dwelling house, or on board any vessel or boat, or on premises where beer or wine is made or produced, or liquors of any description are retailed, or on premises where any other business is carried on (except when authorized under subsection (b)).
(C) Notwithstanding any other provision of this chapter relating to distilled spirits plants the Secretary may approve the location, construction, arrangement, and method of operation of any establishment which was qualified to operate on the date preceding the effective date of this section if he deems that such location, construction, arrangement, and method of operation will afford adequate security to the revenue.
(2) Production operations (A) Any person establishing a distilled spirits plant may, as described in his application for registration, produce distilled spirits from any source or substance.
(B) The distilling system shall be continuous and shall be so designed and constructed and so connected as to prevent the unauthorized removal of distilled spirits before their production gauge.
(C) The Secretary is authorized to order and require—
(i) such identification of, changes of, and additions to, distilling apparatus, connecting pipes, pumps, tanks, and any machinery connected with or used in or on the premises, and
(ii) such fastenings, locks, and seals to be part of any of the stills, tubs, pipes, tanks, and other equipment, as he may deem necessary to facilitate inspection and afford adequate security to the revenue.
(3) Warehousing operations (A) Any person establishing a distilled spirits plant for the production of distilled spirits may, as described in the application for registration, warehouse bulk distilled spirits on the bonded premises of such plant.
(B) Distilled spirits plants for the bonded warehousing of bulk distilled spirits elsewhere than as described in subparagraph (A) may be established at the discretion of the Secretary by proprietors referred to in subparagraph (A) or by other persons under such regulations as the Secretary shall prescribe.
(4) Processing operations Any person establishing a distilled spirits plant may, as described in the application for registration, process distilled spirits on the bonded premises of such plant.
(b) Use of premises for other businesses The Secretary may authorize the carrying on of such other businesses (not specifically prohibited by section 5601(a)(6)) on premises of distilled spirits plants, as he finds will not jeopardize the revenue. Such other businesses shall not be carried on until an application to carry on such business has been made to and approved by the Secretary.
(c) Cross references (1) For provisions authorizing the Secretary to require installation of meters, tanks, and other apparatus, see section 5552.
(2) For penalty for distilling on prohibited premises, see section 5601(a)(6).
(3) For provisions relating to the bottling of distilled spirits labeled as alcohol, see section 5235.
(4) For provisions relating to the unauthorized use of distilled spirits in any manufacturing process, see section 5601(a)(9).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1353; amended Pub. L. 91659, § 5, Jan. 8, 1971, 84 Stat. 1966; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 2(b), Nov. 14, 1977, 91 Stat. 1364; Pub. L. 9639, title VIII, §§ 805(b)(1), 807(a)(18), July 26, 1979, 93 Stat. 275, 283.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5178, act Aug. 16, 1954, ch. 736, 68A Stat. 631, related to plan of distillery, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a) and 5172 of this title. Provisions similar to those comprising subsecs. (a)(1)(A), (B), (2)(A) to (C), (3), (4)(A), (B), (D), (5), (b), (c)(1), (2), (4) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)(1)(A)5172, 5173(a), 5231, 5271(a), 5273(a), 5305. (a)(1)(B)5171(a). (a)(2)(A)5307. (a)(2)(B)5173(b). (a)(2)(C)5173(a), (c). (a)(3)5231, 5243(a), 5302. (a)(4)(A)5243(a). (a)(4)(B), (D)5271(a), 5273(a). (a)(5)5303, 5305, 5331(a)(1). (b)5171(a). (c)(1)5173(d)(1), 5273(b)(1). (c)(2)5171(b). (c)(4)5216(b). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 627, 628, 641, 643, 645, 650, 654, 655, 657, 661.
Amendments1979—Subsec. (a)(1)(A). Pub. L. 9639, § 807(a)(18), substituted “section 5171(c)” for “section 5171(a)”. Subsec. (a)(2). Pub. L. 9639, § 805(b)(1), substituted in heading “operations” for “facilities” and in subpar. (A) “produce” for “provided facilities which may be used for the production of” and struck out in subpar. (B) “closed at all points where potable or readily recoverable spirits are present and the distilling apparatus” after “shall be continuous and”. Subsec. (a)(3). Pub. L. 9639, § 805(b)(1), substituted in heading “Warehousing operations” for “Bonded warehousing facilities” and in subpar. (A) “the application” for “his application” and “warehouse bulk distilled spirits” for “establish warehousing facilities” and struck out subpar. (C) which related to facilities for the storage on bonded premises of distilled spirits in casks, packages, cases, or similar portable approved containers and subpar. (D), which related to the establishment of a portion of the premises established under subpar. (C) as an export storage facility for the storage of distilled spirits returned to bonded premises under section 5215(b). Subsec. (a)(4). Pub. L. 9639, § 805(b)(1), substituted provisions relating to processing operations for provisions relating to bottling facilities. Subsec. (a)(5). Pub. L. 9639, § 805(b)(1), struck out par. (5) which related to arrangement and segregation of denaturing facilities by regulation of the Secretary. 1977—Subsec. (a)(3)(D). Pub. L. 95176 added subpar. (D). 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1971—Subsec. (a)(4)(A). Pub. L. 91659 substantially reenacted existing provisions and added cl. (ii) and the following sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91659 effective on first day of first calendar month which begins more than 90 days after Jan. 8, 1971, see section 6 of Pub. L. 91659, set out as an Effective Date note under section 5066 of this title.
@@ -0,0 +1,53 @@
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# 26 U.S.C. § 5179 - Registration of stills
## Text
(a) Requirements Every person having in his possession or custody, or under his control, any still or distilling apparatus set up, shall register such still or apparatus with the Secretary immediately on its being set up, by subscribing and filing with the Secretary a statement, in writing, setting forth the particular place where such still or distilling apparatus is set up, the kind of still and its capacity, the owner thereof, his place of residence, and the purpose for which said still or distilling apparatus has been or is intended to be used (except that stills or distilling apparatus not used or intended to be used for the distillation, redistillation, or recovery of distilled spirits are not required to be registered under this section).
(b) Cross references (1) For penalty and forfeiture provisions relating to unregistered stills, see sections 5601(a)(1) and 5615(1).
(2) For provisions requiring notification to set up a still, boiler, or other vessel for distilling, see section 5101(a)(2).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1355; amended Pub. L. 94455, title XIX, §§ 1905(b)(6)(C), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834; Pub. L. 98369, div. A, title IV, § 451(b)(1), July 18, 1984, 98 Stat. 819.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5179, act Aug. 16, 1954, ch. 736, 68A Stat. 631, related to “survey of distillery”, prior to the general revision of this chapter by Pub. L. 85859. Provisions similar to those comprising this section were contained in prior sections 5174 and 5275(2), act Aug. 16, 1954, ch. 736, 68A Stat. 630, 651, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1984—Subsec. (b)(2). Pub. L. 98369 substituted “notification to set up a still, boiler, or other vessel for distilling, see section 5101(a)(2)” for “permit to set up a still, boiler or other vessel for distilling, see section 5105”. 1976—Subsec. (a). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (b)(1). Pub. L. 94455, § 1905(b)(6)(C), struck out “, 5601(b)(1),” after “5601(a)(1)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective on first day of first calendar month which begins more than 90 days after July 18, 1984, see section 456(a) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(b)(6)(C) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
@@ -0,0 +1,49 @@
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# 26 U.S.C. § 5180 - Signs
## Text
(a) Requirements Every person engaged in distilled spirits operations shall place and keep conspicuously on the outside of his place of business a sign showing the name of such person and denoting the business, or businesses, in which engaged. The sign required by this subsection shall be in such form and contain such information as the Secretary shall by regulations prescribe.
(b) Penalty For penalty and forfeiture relating to failure to post sign or improperly posting such sign, see section 5681.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1355; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(19), July 26, 1979, 93 Stat. 283.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5180, act Aug. 16, 1954, ch. 736, 68A Stat. 632, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859. Provisions similar to those comprising this section were contained in prior section 5274, act Aug. 16, 1954, ch. 736, 68A Stat. 651, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Subsec. (a). Pub. L. 9639 substituted “distilled spirits operation” for “distilling, bonded warehousing, rectifying, or bottling of distilled spirits”. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5181 - Distilled spirits for fuel use
## Text
(a) In general (1) Purposes for which plant may be established On such application and bond and in such manner as the Secretary may prescribe by regulation, a person may establish a distilled spirits plant solely for the purpose of—
(A) producing, processing, and storing, and
(B) using or distributing,
distilled spirits to be used exclusively for fuel use.
(2) Regulations In prescribing regulations under paragraph (1) and in carrying out the provisions of this section, the Secretary shall, to the greatest extent possible, take steps to—
(A) expedite all applications;
(B) establish a minimum bond; and
(C) generally encourage and promote (through regulation or otherwise) the production of alcohol for fuel purposes.
(b) Authority to exempt The Secretary may by regulation provide for the waiver of any provision of this chapter (other than this section or any provision requiring the payment of tax) for any distilled spirits plant described in subsection (a) if the Secretary finds it necessary to carry out the provisions of this section.
(c) Special rules for small plant production (1) Applications (A) In general An application for an operating permit for an eligible distilled spirits plant shall be in such a form and manner, and contain such information, as the Secretary may by regulations prescribe; except that the Secretary shall, to the greatest extent possible, take steps to simplify the application so as to expedite the issuance of such permits.
(B) Receipt of application Within 15 days of receipt of an application under subparagraph (A), the Secretary shall send a written notice of receipt to the applicant, together with a statement as to whether the application meets the requirements of subparagraph (A). If such a notice is not sent and the applicant has a receipt indicating that the Secretary has received an application, paragraph (2) shall apply as if a written notice required by the preceding sentence, together with a statement that the application meets the requirements of subparagraph (A), had been sent on the 15th day after the date the Secretary received the application.
(C) Multiple applications If more than one application is submitted with respect to any eligible distilled spirits plant in any calendar quarter, the provisions of this section shall apply only to the first application submitted with respect to such plant during such quarter. For purposes of the preceding sentence, if a corrected or amended first application is filed, such application shall not be considered as a separate application, and the 15-day period referred to in subparagraph (A) shall commence with receipt of the corrected or amended application.
(2) Determination (A) In general In any case in which the Secretary under paragraph (1)(B) has notified an applicant of receipt of an application which meets the requirements of paragraph (1)(A), the Secretary shall make a determination as to whether such operating permit is to be issued, and shall notify the applicant of such determination, within 45 days of the date on which notice was sent under paragraph (1)(B).
(B) Failure to make determination If the Secretary has not notified an applicant within the time prescribed under subparagraph (A), the application shall be treated as approved.
(C) Rejection of application If the Secretary determines under subparagraph (A) that a permit should not be issued—
(i) the Secretary shall include in the notice to the applicant of such determination under subparagraph (A) detailed reasons for such determination, and
(ii) such determination shall not prejudice any further application for such operating permit.
(3) Bond No bond shall be required for an eligible distilled spirits plant. For purposes of section 5212 and subsection (e)(2) of this section, the premises of an eligible distilled spirits plant shall be treated as bonded premises.
(4) Eligible distilled spirits plant The term “eligible distilled spirits plant” means a plant which is used to produce distilled spirits exclusively for fuel use and the production from which does not exceed 10,000 proof gallons per year.
(d) Withdrawal free of tax Distilled spirits produced under this section may be withdrawn free of tax from the bonded premises (and any premises which are not bonded by reason of subsection (c)(3)) of a distilled spirits plant exclusively for fuel use as provided in section 5214(a)(12).
(e) Prohibited withdrawal, use, sale, or disposition (1) In general Distilled spirits produced under this section shall not be withdrawn, used, sold, or disposed of for other than fuel use.
(2) Rendering unfit for use For protection of the revenue and under such regulations as the Secretary may prescribe, distilled spirits produced under this section shall, before withdrawal from the bonded premises of a distilled spirits plant, be rendered unfit for beverage use by the addition of substances which will not impair the quality of the spirits for fuel use.
(f) Definition of distilled spirits For purposes of this section, the term “distilled spirits” does not include distilled spirits produced from petroleum, natural gas, or coal.
(Added Pub. L. 96223, title II, § 232(e)(1), Apr. 2, 1980, 94 Stat. 278.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5181 was renumbered 5182 of this title.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 96223, title II, § 232(h)(3), Apr. 2, 1980, 94 Stat. 281, provided that: “The amendments made by subsection (e) [enacting this section, amending sections 5004, 5005, 5214, and 5601, and repealing provisions set out as a note under section 4081 of this title] shall take effect on the first day of the first calendar month beginning more than 60 days after the date of the enactment of this Act [Apr. 2, 1980].”
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# 26 U.S.C. § 5182 - Cross references
## Text
For provisions requiring recordkeeping by wholesale liquor dealers, see section 5121, and by retail liquor dealers, see section 5122.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1356, § 5181; amended Pub. L. 9639, title VIII, § 807(a)(20), July 26, 1979, 93 Stat. 283; renumbered § 5182, Pub. L. 96223, title II, § 232(e)(1), Apr. 2, 1980, 94 Stat. 278; Pub. L. 10959, title XI, § 11125(b)(16), Aug. 10, 2005, 119 Stat. 1956; Pub. L. 115141, div. U, title IV, § 401(a)(243), Mar. 23, 2018, 132 Stat. 1195.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in a prior section 5275(3), act Aug. 16, 1954, ch. 736, 68A Stat. 651, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2018—Pub. L. 115141 substituted “section 5121” for “section 5112”. 2005—Pub. L. 10959 amended text of section generally. Prior to amendment, text read as follows: “For provisions requiring payment of special (occupational) tax as wholesale liquor dealer, see section 5111, or as retail liquor dealer, see section 5121.” 1979—Pub. L. 9639 struck out “as rectifier, see section 5081, or” after “(occupational) tax”.
Statutory Notes and Related Subsidiaries
Effective Date of 2005 AmendmentAmendment by Pub. L. 10959 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as a note under section 5002 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5201 - Regulation of operations
## Text
(a) General Proprietors of distilled spirits plants shall conduct all operations authorized to be conducted on the premises of such plants under such regulations as the Secretary shall prescribe.
(b) Distilled spirits for industrial uses The regulations of the Secretary under this chapter respecting the production, warehousing, denaturing, distribution, sale, export, and use of distilled spirits for industrial purposes shall be such as he deems necessary, advisable, or proper to secure the revenue, to prevent diversion to illegal uses, and to place the distilled spirits industry and other industries using such distilled spirits as a chemical raw material or for other lawful industrial purposes on the highest possible plane of scientific and commercial efficiency and development consistent with the provisions of this chapter. Where nonpotable chemical mixtures containing distilled spirits are produced for transfer to the bonded premises of a distilled spirits plant for completion of processing, the Secretary may waive any provision of this chapter with respect to the production of such mixtures, and the processing of such mixtures on the bonded premises shall be deemed to be production of distilled spirits for purposes of this chapter.
(c) Hours of operations The Secretary may prescribe regulations relating to hours for distillery operations and to hours for removal of distilled spirits from distilled spirits plants; however, such regulations shall not be more restrictive, as to any operation or function, that the provisions of internal revenue law and regulations relating to such operation or function in effect on the day preceding the effective date of this section.
(d) Identification of distilled spirits The Secretary may provide by regulations for the addition of tracer elements to distilled spirits to facilitate the enforcement of this chapter. Tracer elements to be added to distilled spirits at any distilled spirits plant under provisions of this subsection shall be of such character and in such quantity as the Secretary may authorize or require, and such as will not impair the quality of the distilled spirits for their intended use.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1357; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(21), July 26, 1979, 93 Stat. 283.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising subsecs. (a) to (c) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5193(a), 5194(g), 5241(a), 5281, 5282(a), 5302, 53055307, 5319(6). (b)5305. (c)5195, 5215, 5306. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 633, 636, 640, 644, 651, 654, 657, 661.
Amendments1979—Subsec. (a). Pub. L. 9639 substituted “all operations authorized to be conducted” for “their operations relating to the production, storage, denaturing, rectification and bottling of distilled spirits, and all other operations authorized to be conducted”. 1976—Subsecs. (a) to (d). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5202 - Supervision of operations
## Text
All operations on the premises of a distilled spirits plant shall be conducted under such supervision and controls (including the use of Government locks and seals) as the Secretary shall by regulations prescribe.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1357; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 806(a), July 26, 1979, 93 Stat. 279.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5192(a), (c), 5241(a), (b), 5282(b). (b)5173(b), 5192(b), (c). (c)5241(a), (b). (d)5241(b). (e)5331(a)(1). (f)5193(a), 5250(a), (b). (g)5243(b). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 628, 633, 644, 646, 649, 652, 661.
Amendments1979—Pub. L. 9639 substituted provisions making on-site supervision and the use of government locks and seals optional at the discretion of the Secretary of the Treasury for provisions whereby bonded warehouses are required to be kept under government locks and certain activities are required to be conducted under government supervision. 1976—Subsecs. (a) to (g). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5203 - Entry and examination of premises
## Text
(a) Keeping premises accessible Every proprietor of a distilled spirits plant shall furnish the Secretary such keys as may be required for internal revenue officers to gain access to the premises and any structures thereon, and such premises shall always be kept accessible to any officer having such keys.
(b) Right of entry and examination It shall be lawful for any internal revenue officer at all times, as well by night as by day, to enter any distilled spirits plant, or any other premises where distilled spirits operations are carried on, or structure or place used in connection therewith for storage or other purposes; to make examination of the materials, equipment, and facilities thereon; and make such gauges and inventories as he deems necessary. Whenever any officer, having demanded admittance, and having declared his name and office, is not admitted into such premises by the proprietor or other person having charge thereof, it shall be lawful for such officer, at all times, as well by night as by day, to use such force as is necessary for him to gain entry to such premises.
(c) Furnishing facilities and assistance On the demand of any internal revenue officer or agent, every proprietor of a distilled spirits plant shall furnish the necessary facilities and assistance to enable the officer or agent to gauge the spirits in any container or to examine any apparatus, equipment, containers, or materials on such premises. Such proprietor shall also, on demand of such officer or agent, open all doors, and open for examination all boxes, packages, and all casks, barrels, and other vessels on such premises.
(d) Authority to break up grounds or walls It shall be lawful for any internal revenue officer, and any person acting in his aid, to break up the ground on any part of a distilled spirits plant or any other premises where distilled spirits operations are carried on, or any ground adjoining or near to such plant or premises, or any wall or partition thereof, or belonging thereto, or other place, to search for any pipe, cock, private conveyance, or utensil; and, upon finding any such pipe or conveyance leading therefrom or thereto, to break up any ground, house, wall, or other place through or into which such pipe or other conveyance leads, and to break or cut away such pipe or other conveyance, and turn any cock, or to examine whether such pipe or other conveyance conveys or conceals any distilled spirits, mash, wort, or beer, or other liquor, from the sight or view of the officer, so as to prevent or hinder him from taking a true account thereof.
(e) Penalty For penalty for violation of this section, see section 5687.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1357; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(22), July 26, 1979, 93 Stat. 283.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5196(a). (b)5196(b), (e). (c)5196(c), (e), 5283, 5615. (d)5196(d), 5283. (e)5615, 5687. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 636, 652, 686, 700.
Amendments1979—Subsec. (b). Pub. L. 9639, § 807(a)(22)(A), substituted “where distilled spirits operations are carried on” for “where distilled spirits are produced or rectified”. Subsec. (c). Pub. L. 9639, § 807(a)(22)(B), substituted “on such premises” for “not under the control of the internal revenue officer in charge”. Subsec. (d). Pub. L. 9639, § 807(a)(22)(C), substituted “where distilled spirits operations are carried on” for “where distilled spirits are produced or rectified”. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5204 - Gauging
## Text
(a) General The Secretary may by regulations require the gauging of distilled spirits for such purposes, as he may deem necessary, and all required gauges shall be made at such times and under such conditions as he may by regulations prescribe.
(b) Gauging instruments For the determination of tax and the pre­vention and detection of frauds, the Secretary may prescribe for use such hydrometers, saccharometers, weighing and gauging instruments, or other means or methods for ascertaining the quantity, gravity, and producing capacity of any mash, wort, or beer used, or to be used, in the production of distilled spirits, and the strength and quantity of spirits subject to tax, as he may deem necessary; and he may prescribe regulations to secure a uniform and correct system of inspection, weighing, marking, and gauging of spirits.
(c) Gauging, marking, and branding by proprietors The Secretary may by regulations require the proprietor of a distilled spirits plant, at the proprietors expense and under such supervision as the Secretary may require, to do such gauging, marking, and branding and such mechanical labor pertaining thereto as the Secretary deems proper and determines may be done without danger to the revenue.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1358; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(23), July 26, 1979, 93 Stat. 283; Pub. L. 98369, div. A, title IV, § 454(c)(4), July 18, 1984, 98 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5193(a), 5194(g), 5245, 5282(b). (b)5212. (c)5193(d), 5250(b), 5282(b), 5306. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 633, 634, 636, 639, 647, 649, 652, 657.
Amendments1984—Subsec. (c). Pub. L. 98369 struck out “stamping,” before “marking” in heading and text. 1979—Subsec. (a). Pub. L. 9639 struck out “, in addition to those specified in section 5202(f),” after “spirits for such purposes”. 1976—Subsecs. (a) to (c). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5205 - Repealed. Pub. L. 98369, div. A, title IV, § 454(a), July 18, 1984, 98 Stat. 820]
## Notes
Section, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1358; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 94569, § 1, Oct. 20, 1976, 90 Stat. 2699; Pub. L. 95176, § 2(c), Nov. 14, 1977, 91 Stat. 1364; Pub. L. 9639, title VIII, § 807(a)(24), July 26, 1979, 93 Stat. 283, related to stamps for containers of distilled spirits.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
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# 26 U.S.C. § 5206 - Containers
## Text
(a) Authority to prescribe The Secretary shall by regulations prescribe the types or kinds of containers which may be used to contain, store, transfer, convey, remove, or withdraw distilled spirits.
(b) Standards of fill The Secretary may by regulations prescribe the standards of fill for approved containers.
(c) Marking, branding, or identification Containers of distilled spirits (and cases containing bottles or other containers of such spirits) shall be marked, branded, or identified in such manner as the Secretary shall by regulations prescribe.
(d) Effacement of marks and brands on emptied containers Every person who empties, or causes to be emptied, any container of distilled spirits bearing any mark or brand required by law (or regulations pursuant thereto) shall at the time of emptying such container efface and obliterate such mark or brand; except that the Secretary may, by regulations, waive any requirement of this subsection where he determines that no jeopardy to the revenue will be involved.
(e) Applicability This section shall be applicable exclusively with respect to containers of distilled spirits for industrial use, with respect to containers of distilled spirits of a capacity of more than one gallon for other than industrial use, and with respect to cases containing bottles or other containers of distilled spirits.
(f) Cross references (1) For other provisions relating to regulation of containers of distilled spirits, see section 5301.
(2) For provisions relating to labeling containers of distilled spirits of one gallon or less for nonindustrial uses, see section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)).
(3) For provisions relating to the marking and branding of containers of distilled spirits by proprietors, see section 5204(c).
(4) For penalties and forfeitures relating to marks and brands, see sections 5604 and 5613.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1360; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98369, div. A, title IV, § 454(c)(5), July 18, 1984, 98 Stat. 821; Pub. L. 104188, title I, § 1704(t)(13), Aug. 20, 1996, 110 Stat. 1888.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising subsecs. (a) to (c) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5193(a), (b), 5194, 5247(a), (d), 5302. (b)5193(c). (c)5009(a), 5193(a), 5194, 5243(d), (e), 5250(a), 5282(b). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 603, 633 to 635, 646 to 649, 652, 654.
Amendments1996—Subsec. (f)(2). Pub. L. 104188 substituted “section 105(e)” for “section 5(e)”. 1984—Subsecs. (d) to (f). Pub. L. 98369 added subsec. (d), redesignated existing subsecs. (d) and (e) as (e) and (f), respectively, and in subsec. (f) added pars. (3) and (4). 1976—Subsecs. (a) to (c). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
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# 26 U.S.C. § 5207 - Records and reports
## Text
(a) Records of distilled spirits plant proprietors Every distilled spirits plant proprietor shall keep records in such form and manner as the Secretary shall by regulations prescribe of:
(1) The following production activities—
(A) the receipt of materials intended for use in the production of distilled spirits, and the use thereof,
(B) the receipt and use of distilled spirits received for redistillation, and
(C) the kind and quantity of distilled spirits produced.
(2) The following storage activities—
(A) the kind and quantity of distilled spirits, wines, and alcoholic ingredients entered into storage,
(B) the kind and quantity of distilled spirits, wines, and alcoholic ingredients removed, and the purpose for which removed, and
(C) the kind and quantity of distilled spirits returned to storage.
(3) The following denaturation activities—
(A) the kind and quantity of denaturants received and used or otherwise disposed of,
(B) the kind and quantity of distilled spirits denatured, and
(C) the kind and quantity of denatured distilled spirits removed.
(4) The following processing activities—
(A) all distilled spirits, wines, and alcoholic ingredients received or transferred,
(B) the kind and quantity of distilled spirits packaged or bottled, and
(C) the kind and quantity of distilled spirits removed from his premises.
(5) Such additional information with respect to activities described in paragraphs (1), (2), (3), and (4), and with respect to other activities, as may by regulations be required.
(b) Reports Every person required to keep records under subsection (a) shall render such reports covering his operations, at such times and in such form and manner and containing such information, as the Secretary shall by regulations prescribe.
(c) Preservation and inspection The records required by subsection (a) and a copy of each report required by subsection (b) shall be available for inspection by any internal revenue officer during business hours, and shall be preserved by the person required to keep such records and reports for such period as the Secretary shall by regulations prescribe.
(d) Penalty For penalty and forfeiture for refusal or neglect to keep records required under this section, or for false entries therein, see sections 5603 and 5615(5).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1361; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 2(e), Nov. 14, 1977, 91 Stat. 1364; Pub. L. 9639, title VIII, § 807(a)(25), July 26, 1979, 93 Stat. 283; Pub. L. 98369, div. A, title IV, § 454(c)(6), July 18, 1984, 98 Stat. 821; Pub. L. 10534, title XIV, § 1413(a), Aug. 5, 1997, 111 Stat. 1046.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections: (a)5197(a)(1)(A), (a)(2), 5305, 5331(a)(3). (b)5285, 5555(a). (c)5197(b), 5285, 5305, 5331(a)(3), 5555(a). (d)5197(a)(1)(B), 5285, 5305, 5331(a)(3), 5555(a). (e)5197(c)(2), 5285. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 637, 638, 652, 657, 662, 681.
Amendments1997—Subsec. (c). Pub. L. 10534 struck out “shall be kept on the premises where the operations covered by the record are carried on and” after “required by subsection (b)”. 1984—Subsec. (a)(4)(D). Pub. L. 98369, § 454(c)(6), struck out subpar. (D) which required every distilled spirits plant proprietor to keep records in such form and manner as prescribed by the Secretary of the receipt, use, and balance on hand of all stamps required by law or regulations to be used by the proprietor. 1979—Subsec. (a). Pub. L. 9639 struck out provisions relating to the bottling of distilled spirits in bond and relating to the kind and quantity of distilled spirits returned to bonded premises and inserted provisions relating to the kind and quantity of distilled spirits returned to storage and relating to receipt, use, and balance on hand of all stamps required by law or regulations to be used by the Secretary. Subsec. (b). Pub. L. 9639 redesignated subsec. (c) as (b) and struck out “or (b)” after “subsection (a)”. Former subsec. (b), relating to records of rectifiers and bottlers, was struck out. Subsec. (c). Pub. L. 9639 redesignated subsec. (d) as (c), struck out “and (b),” after “subsection (a)”, and substituted “subsection (b)” for “subsection (c)”. Former subsec. (c) redesignated (b). Subsecs. (d), (e). Pub. L. 9639 redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). 1977—Subsec. (a)(10), (11). Pub. L. 95176, § 2(e)(2), (3), added par. (10) and redesignated former par. (10) as (11). 1976—Subsecs. (a) to (d). Pub. L. 94—455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10534, title XIV, § 1413(b), Aug. 5, 1997, 111 Stat. 1046, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
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# 26 U.S.C. § 5211 - Production and entry of distilled spirits
## Text
Distilled spirits in the process of production in a distilled spirits plant may be held prior to the production gauge only for so long as is reasonably necessary to complete the process of production. Under such regulations as the Secretary shall prescribe, all distilled spirits produced in a distilled spirits plant shall be gauged and a record made of such gauge within a reasonable time after the production thereof has been completed. The proprietor shall, pursuant to such production gauge and in accordance with such regulations as the Secretary shall prescribe, make appropriate entry for—
(1) deposit of such spirits on bonded premises for storage or processing;
(2) withdrawal upon determination of tax as authorized by law;
(3) withdrawal under the provisions of section 5214; and
(4) transfer for redistillation under the provisions of section 5223.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1362; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(26), July 26, 1979, 93 Stat. 284.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5211, act Aug. 16, 1954, ch. 736, 68A Stat. 638, related to detention of casks, packages, or containers on suspicion, prior to the general revision of this chapter by Pub. L. 85859. See section 5311 of this title. Provisions similar to those comprising this section were contained in prior sections 5193(a), 5194(a), (e) to (g), 5242(a), 5305, act Aug. 16, 1954, ch. 736, 68A Stat. 633 to 636, 645, 657, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Pars. (1), (5). Pub. L. 9639 substituted in par. (1) “on bonded premises for storage or processing” for “in storage on bonded premises” and struck out par. (5) which related to an appropriate entry by the proprietor for immediate denaturation. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
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---
# 26 U.S.C. § 5212 - Transfer of distilled spirits between bonded premises
## Text
Bulk distilled spirits on which the internal revenue tax has not been paid or determined as authorized by law may, under such regulations as the Secretary shall prescribe, be transferred in bond between bonded premises in any approved container. For the purposes of this chapter, the removal of bulk distilled spirits for transfer in bond between bonded premises shall not be construed to be a withdrawal from bonded premises. The provisions of this section restricting transfers to bulk distilled spirits shall not apply to alcohol bottled under the provisions of section 5235 which is to be withdrawn for industrial purposes. In the case of distilled spirits transferred in bond after December 31, 2017, between bonded premises belonging to the same person or members of the same controlled group (within the meaning of section 5001(c)(2)) this section shall be applied without regard to whether distilled spirits are bulk distilled spirits. In the case of distilled spirits transferred in bond from the person who distilled or processed such distilled spirits (hereinafter referred to as “transferor”) to another person for bottling or storage of such distilled spirits, and returned to the transferor for removal, this section shall be applied without regard to whether distilled spirits are bulk distilled spirits, but only if the transferor retains title during the entire period between such distillation, or processing, and removal.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1362; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 805(b)(2), July 26, 1979, 93 Stat. 276; Pub. L. 96598, § 6(d), Dec. 24, 1980, 94 Stat. 3490; Pub. L. 11597, title I, § 13808(a), Dec. 22, 2017, 131 Stat. 2177; Pub. L. 11694, div. Q, title I, § 144(h)(1), Dec. 20, 2019, 133 Stat. 3235; Pub. L. 116260, div. EE, title I, § 106(h)(1), (2), Dec. 27, 2020, 134 Stat. 3045.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5212, act Aug. 16, 1954, ch. 736, 68A Stat. 639, related to the prevention and detection of fraud and contained a cross reference to provisions for gauging and marking of spirits, prior to the general revision of this chapter by Pub. L. 85859. See section 5204(b) of this title. Provisions similar to those comprising this section were contained in prior sections 5194(a), (e) to (g), 5217(a), 5246, 5308, act Aug. 16, 1954, ch. 736, 68A Stat. 634 to 636, 641, 647, 657, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2020—Pub. L. 116260 substituted “between bonded premises belonging to the same person or members of the same controlled group (within the meaning of section 5001(c)(2))” for “and before January 1, 2021,” and inserted at end “In the case of distilled spirits transferred in bond from the person who distilled or processed such distilled spirits (hereinafter referred to as transferor) to another person for bottling or storage of such distilled spirits, and returned to the transferor for removal, this section shall be applied without regard to whether distilled spirits are bulk distilled spirits, but only if the transferor retains title during the entire period between such distillation, or processing, and removal.” 2019—Pub. L. 11694 substituted “January 1, 2021” for “January 1, 2020”. 2017—Pub. L. 11597 inserted at end “In the case of distilled spirits transferred in bond after December 31, 2017, and before January 1, 2020, this section shall be applied without regard to whether distilled spirits are bulk distilled spirits.” 1980—Pub. L. 96598 inserted provision that restriction on transfers to bulk distilled spirits not apply to alcohol bottled under section 5235 of this title which is to be withdrawn for industrial purposes. 1979—Pub. L. 9639 substituted “Bulk distilled spirits” for “Distilled spirits” and “bulk distilled spirits” for “distilled spirits”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116260, div. EE, title I, § 106(h)(3), Dec. 27, 2020, 134 Stat. 3045, provided that: “The amendments made by this subsection [amending this section] shall apply to distilled spirits transferred in bond after December 31, 2020.”
Effective Date of 2019 AmendmentPub. L. 11694, div. Q, title I, § 144(h)(2), Dec. 20, 2019, 133 Stat. 3235, provided that: “The amendment made by this subsection [amending this section] shall apply to distilled spirits transferred in bond after December 31, 2019.”
Effective Date of 2017 AmendmentPub. L. 11597, title I, § 13808(b), Dec. 22, 2017, 131 Stat. 2178, provided that: “The amendments made by this section [amending this section] shall apply distilled spirits transferred in bond after December 31, 2017.”
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5213 - Withdrawal of distilled spirits from bonded premises on determination of tax
## Text
Subject to the provisions of section 5173, distilled spirits may be withdrawn from the bonded premises of a distilled spirits plant on payment or determination of tax thereon, in approved containers, under such regulations as the Secretary shall prescribe.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1362; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(27), July 26, 1979, 93 Stat. 285.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5213, act Aug. 16, 1954, ch. 736, 68A Stat. 639, related to return of materials used in the manufacture of distilled spirits, prior to the general revision of this chapter by Pub. L. 85859. See sections 5002(a)(6) and 5291 of this title. Provisions similar to those comprising this section were contained in prior sections 5194(a), (e) and 5244, act Aug. 16, 1954, ch. 736, 68A Stat. 634, 647, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Pub. L. 9639 substituted “Subject to the provisions of section 5173” for “On application to the Secretary and subject to the provisions of section 5174(a)”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5214 - Withdrawal of distilled spirits from bonded premises free of tax or without payment of tax
## Text
(a) Purposes Distilled spirits on which the internal revenue tax has not been paid or determined may, subject to such regulations as the Secretary shall prescribe, be withdrawn from the bonded premises of any distilled spirits plant in approved containers—
(1) free of tax after denaturation of such spirits in the manner prescribed by law for—
(A) exportation;
(B) use in the manufacture of ether, chloroform, or other definite chemical substance where such distilled spirits are changed into some other chemical substance and do not appear in the finished product; or
(C) any other use in the arts and industries (except for uses prohibited by section 5273(b) or (d)) and for fuel, light, and power; or
(2) free of tax by, and for the use of, the United States or any governmental agency thereof, any State, any political subdivision of a State, or the District of Columbia, for nonbeverage purposes; or
(3) free of tax for nonbeverage purposes and not for resale or use in the manufacture of any product for sale—
(A) for the use of any educational organization described in section 170(b)(1)(A)(ii) which is exempt from income tax under section 501(a), or for the use of any scientific university or college of learning;
(B) for any laboratory for use exclusively in scientific research;
(C) for use at any hospital, blood bank, or sanitarium), (including use in making any analysis or test at such hospital, blood bank, or sanitarium), or at any pathological laboratory exclusively engaged in making analyses, or tests, for hospitals or sanitariums; or
(D) for the use of any clinic operated for charity and not for profit (including use in the compounding of bona fide medicines for treatment outside of such clinics of patients thereof); or
(4) without payment of tax for exportation, after making such application and entries, filing such bonds as are required by section 5175, and complying with such other requirements as may by regulations be prescribed; or
(5) without payment of tax for use in wine production, as authorized by section 5373; or
(6) without payment of tax for transfer to manufacturing bonded warehouses for manufacturing in such warehouses for export, as authorized by law; or
(7) without payment of tax for use of certain vessels and aircraft, as authorized by law; or
(8) without payment of tax for transfer to foreign-trade zones, as authorized by law; or
(9) without payment of tax, for transfer (for the purpose of storage pending exportation) to any customs bonded warehouse from which distilled spirits may be exported, and distilled spirits transferred to a customs bonded warehouse under this paragraph shall be entered, stored, and accounted for under such regulations and bonds as the Secretary may prescribe; or
(10) without payment of tax by a proprietor of bonded premises for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment, relating to distilled spirits or distilled spirits operations, under such limitations and conditions as to quantities, use, and accountability as the Secretary may by regulations require for the protection of the revenue; or
(11) free of tax when contained in an article (within the meaning of section 5002(a)(14)); or
(12) free of tax in the case of distilled spirits produced under section 5181; or
(13) without payment of tax for use on bonded wine cellar premises in the production of wine or wine products which will be rendered unfit for beverage use and removed pursuant to section 5362(d); or
(14) with respect to distilled spirits removed after December 31, 2019, and before January 1, 2021, free of tax for use in or contained in hand sanitizer produced and distributed in a manner consistent with any guidance issued by the Food and Drug Administration that is related to the outbreak of virus SARSCoV2 or coronavirus disease 2019 (COVID19).
(b) Cross references (1) For provisions relating to denaturation, see sections 5241 and 5242.
(2) For provisions requiring permit for users of distilled spirits withdrawn free of tax and for users of specially denatured distilled spirits, see section 5271.
(3) For provisions relating to withdrawal of distilled spirits without payment of tax for use of certain vessels and aircraft, as authorized by law, see 19 U.S.C. 1309.
(4) For provisions relating to withdrawal of distilled spirits without payment of tax for manufacture in manufacturing bonded warehouse, see 19 U.S.C. 1311.
(5) For provisions relating to foreign-trade zones, see 19 U.S.C. 81c.
(6) For provisions authorizing regulations for withdrawal of distilled spirits free of tax for use of the United States, see section 7510.
(7) For provisions authorizing removal of distillates to bonded wine cellars for use in the production of distilling material, see section 5373(c).
(8) For provisions relating to distilled spirits for use of foreign embassies, legations, etc., see section 5066.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1362; amended Pub. L. 91172, title I, § 101(j)(29), Dec. 30, 1969, 83 Stat. 529; Pub. L. 94455, title XIX, §§ 1905(c)(2), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834; Pub. L. 95176, §§ 3(a), (d), 4(a), Nov. 14, 1977, 91 Stat. 1365; Pub. L. 9639, title VIII, § 807(a)(28), July 26, 1979, 93 Stat. 285; Pub. L. 96223, title II, § 232(e)(2)(B), Apr. 2, 1980, 94 Stat. 280; Pub. L. 98369, div. A, title IV, § 455(a), July 18, 1984, 98 Stat. 823; Pub. L. 116136, div. A, title II, § 2308(a), Mar. 27, 2020, 134 Stat. 359.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5214, act Aug. 16, 1954, ch. 736, 68A Stat. 639, related to regulation of traffic in containers of distilled spirits, prior to the general revision of this chapter by Pub. L. 85859. See section 5301(a), (c), (d) of this title. Provisions similar to those comprising subsecs. (a)(1) to (4), (9) and (b)(3) to (5) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5243(e), 5247, 5310(a)(c), 5331 (a)(1), (b), 5373(b)(4), 5522(a). (a)(1)5310(a), 5331(a)(1), (b). (a)(2), (3)5310(b), (c). (a)(4)5243(e), 5247. (a)(9)5373(b)(4). (b)(3)5248(2). (b)(4)5248(4). (b)(5)5248(3). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 646648, 658, 661, 662, 667.
Amendments2020—Subsec. (a)(14). Pub. L. 116136 added par. (14). 1984—Subsec. (a)(13). Pub. L. 98369 added par. (13). 1980—Subsec. (a)(12). Pub. L. 96223 added par. (12). 1979—Subsec. (a)(6). Pub. L. 9639, § 807(a)(28)(A), inserted “for manufacturing in such warehouses for export” after “bonded warehouses” and substituted “by law” for “by section 5522(a)”. Subsec. (a)(9). Pub. L. 9639, § 807(a)(28)(B), struck out “in the case of distilled spirits bottled in bond for export under section 5233 or distilled spirits returned to bonded premises under section 5215(b),” after “payment of tax,”. Subsec. (a)(10). Pub. L. 9639, § 807(a)(28)(C), (D), substituted “distilled spirits operations” for “distillery operations”. Subsec. (a)(11). Pub. L. 9639, § 807(a)(28)(D), added par. (11). Subsec. (b)(4) to (8). Pub. L. 9639, § 807(a)(28)(E), added par. (4) and redesignated former pars. (4) to (7) as (5) to (8), respectively. 1977—Subsec. (a)(9). Pub. L. 95176, § 3(a), substituted provisions for withdrawal of distilled spirits from bonded premises without payment of tax where the distilled spirits are bottled in bond for export or are returned to bonded premises for transfer (for the purpose of storage pending exportation) to any customs bonded warehouse for exportation and requiring the transferred distilled spirits to be entered, stored, and accounted for, for prior provision for tax free withdrawals for use as samples in making tests or laboratory analyses. Subsec. (a)(10). Pub. L. 95176, § 4(a), added par. (10). Subsec. (b)(7). Pub. L. 95176, § 3(d), added par. (7). 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary” in introductory provisions and struck out “or Territory” after “State” in par. (2). 1969—Subsec. (a)(3)(A). Pub. L. 91172 substituted “section 170(b)(1)(A)(ii)” for “section 503(b)(2)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116136, div. A, title II, § 2308(b), Mar. 27, 2020, 134 Stat. 359, provided that: “The amendments made by this section [amending this section] shall apply to distilled spirits removed after December 31, 2019.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, see section 456(c) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96223 effective on first day of first calendar month beginning more than 60 days after Apr. 2, 1980, see section 232(h)(3) of Pub. L. 96223, set out as an Effective Date note under section 5181 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(c)(2) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
Effective Date of 1969 AmendmentAmendment by Pub. L. 91172 effective Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91172, set out as an Effective Date note under section 4940 of this title.
Application of Other LawsPub. L. 116136, div. A, title II, § 2308(c), Mar. 27, 2020, 134 Stat. 359, provided that: “Any distilled spirits or product described in paragraph (14) of section 5214(a) of the Internal Revenue Code of 1986 (as added by this section) shall not be subject to any requirements related to labeling or bulk sales under— “(1) section 105 or 106 of the Federal Alcohol Administration Act (27 U.S.C. 205, 206); or “(2) section 204 of the Alcoholic Beverage Labeling Act of 1988 (27 U.S.C. 215).”
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# 26 U.S.C. § 5215 - Return of tax determined distilled spirits to bonded premises
## Text
(a) General rule Under such regulations as the Secretary may prescribe, distilled spirits on which tax has been determined or paid may be returned to the bonded premises of a distilled spirits plant but only for destruction, denaturation, redistillation, reconditioning, or rebottling.
(b) Applicability of chapter to distilled spirits returned to a distilled spirits plant All provisions of this chapter applicable to distilled spirits in bond shall be applicable to distilled spirits returned to bonded premises under the provisions of this section on such return.
(c) Return of bottled distilled spirits for relabeling and reclosing Under such regulations as the Secretary shall prescribe, bottled distilled spirits withdrawn from bonded premises may be returned to bonded premises for relabeling or reclosing, and the tax under section 5001 shall not again be collected on such spirits.
(d) Cross reference For provisions relating to the abatement, credit, or refund of tax on distilled spirits returned to a distilled spirits plant under this section, see section 5008(c).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364; amended Pub. L. 8944, title VIII, § 805(c), June 21, 1965, 79 Stat. 161; Pub. L. 91659, § 2(c), Jan. 8, 1971, 84 Stat. 1964; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95176, § 2(a), Nov. 14, 1977, 91 Stat. 1363; Pub. L. 9639, title VIII, § 807(a)(29), July 26, 1979, 93 Stat. 285; Pub. L. 98369, div. A, title IV, § 454(c)(7), July 18, 1984, 98 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5215, act Aug. 16, 1954, ch. 736, 68A Stat. 640, related to exemption of distillers of fruit brandy from certain requirements, prior to the general revision of this chapter by Pub. L. 85859. See sections 5201(c), 5312(a), (c), 5373(a) and 5562 of this title.
Amendments1984—Subsec. (c). Pub. L. 98369 substituted “reclosing” for “restamping” in heading and text. 1979—Pub. L. 9639 amended section generally thereby authorizing the return of distilled spirits to the bonded premises of the distilled spirits plant for certain enumerated purposes except mere storage. 1977—Subsec. (a). Pub. L. 95176 reenacted existing provisions but struck out last sentence relating to applicability of chapter to distilled spirits returned to bonded premises, which was covered in subsec. (d). Subsecs. (b), (c). Pub. L. 95176 added subsecs. (b) and (c) and redesignated former subsec. (b) as (e). Subsec. (d). Pub. L. 95176 redesignated last sentence of former subsec. (a) as subsec. (d) and inserted introductory phrase “Except as otherwise provided in this section,”. Subsec. (e). Pub. L. 95176 redesignated former subsec. (b) as par. (1) and added par. (2). 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1971—Subsec. (a). Pub. L. 91659, § 2(c)(1), struck out requirements that withdrawn distilled spirits be returned when found unsuitable, in bulk containers, before processing and before removal from the original container and permitted return of withdrawn distilled spirits other than products to which any alcoholic ingredients other than such distilled spirits have been added and made additional authorization under section 5234(a)(1)(B) for mingling returned distilled spirits. Subsec. (b). Pub. L. 91659, § 2(c)(2), (3), repealed subsec. (b) which provided for definition of “original container in which such distilled spirits were withdrawn from bonded premises” in the case of distilled spirits withdrawn by pipeline. Former subsec. (c) redesignated (b). 1965—Subsec. (a). Pub. L. 8944 inserted reference to destruction to redistillation, denaturation, and mingling in second sentence on list of options which might be used in disposing of returned distilled spirits.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95176 effective on first day of first calendar month beginning more than 90 days after Nov. 14, 1977, see section 7 of Pub. L. 95176, set out as a note under section 5003 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91659 effective on first day of first calendar month which begins more than 90 days after January 8, 1971, see section 6 of Pub. L. 91659, set out as an Effective Date note under section 5066 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 effective July 1, 1965, see section 805(g)(1) of Pub. L. 8944, set out as a note under section 5008 of this title.
Distilled Spirits to Which Alcoholic Ingredients Other Than Distilled Spirits Have Been Added and Which Have Been Withdrawn From Distilled Spirits Plants Before January 1, 1980Subsec. (a) of this section to apply to distilled spirits to which alcoholic ingredients other than distilled spirits have been added and which have been withdrawn from a distilled spirits plant before Jan. 1, 1980, only if such spirits are returned to the distilled spirits plant from which withdrawn, see section 808(e) of Pub. L. 9639, set out as a note under section 5061 of this title.
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# 26 U.S.C. § 5216 - Regulation of operations
## Text
For general provisions relating to operations on bonded premises see part I of this subchapter.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5216, act Aug. 16, 1954, ch. 736, 68A Stat. 640, related to “mash, wort and vinegar; vinegar factories”, prior to the general revision of this chapter by Pub. L. 85859. See sections 5178(c)(4), 5222(a)(1), (2)(D), (d), 5501, 5502(a), 5503, 5504(a), (b), 5505(a), (c) and 5601(a)(7), (8), (9)(A) of this title. A prior section 5217, acts Aug. 16, 1954, ch. 736, 68A Stat. 641; July 11, 1956, ch. 573, § 1, 70 Stat. 530; July 11, 1958, Pub. L. 85517, 72 Stat. 357, related to national emergency transfers, prior to the general revision of this chapter by Pub. L. 85859.
@@ -0,0 +1,51 @@
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# 26 U.S.C. § 5221 - Commencement, suspension, and resumption of operations
## Text
(a) Commencement, suspension, and resumption The proprietor of a distilled spirits plant authorized to produce distilled spirits shall not commence production operations until written notice has been given to the Secretary stating when operations will begin. Any proprietor of a distilled spirits plant desiring to suspend production of distilled spirits shall give notice in writing to the Secretary, stating when he will suspend such operations. Pursuant to such notice, an internal revenue officer shall take such action as the Secretary shall prescribe to prevent the production of distilled spirits. No proprietor, after having given such notice, shall, after the time stated therein, produce distilled spirits on such premises until he again gives notice in writing to the Secretary stating the time when he will resume operations. At the time stated in the notice of resuming such operations an internal revenue officer shall take such action as is necessary to permit operations to be resumed. The notices submitted under this section shall be in such form and submitted in such manner as the Secretary may by regulations require. Nothing in this section shall apply to suspensions caused by unavoidable accidents; and the Secretary shall prescribe regulations to govern such cases of involuntary suspension.
(b) Penalty For penalty and forfeiture for carrying on the business of distiller after having given notice of suspension, see sections 5601(a)(14) and 5615(3).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 806(b), July 26, 1979, 93 Stat. 279.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising subsec. (a) of this section were contained in prior section 5191(a), act Aug. 16, 1954, ch. 736, 68A Stat. 632, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Subsec. (a). Pub. L. 9639 substituted “until written notice has been given to the Secretary stating when operations will begin” for “until an internal revenue officer has been assigned to the premises”. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5222 - Production, receipt, removal, and use of distilling materials
## Text
(a) Production, removal, and use (1) No mash, wort, or wash fit for distillation or for the production of distilled spirits shall be made or fermented in any building or on any premises other than on the bonded premises of a distilled spirits plant duly authorized to produce distilled spirits according to law; and no mash, wort, or wash so made or fermented shall be removed from any such premises before being distilled, except as authorized by the Secretary; and no person other than an authorized distiller shall, by distillation or any other process, produce distilled spirits from any mash, wort, wash, or other material.
(2) Nothing in this subsection shall be construed to apply to—
(A) authorized operations performed on the premises of vinegar plants established under part I of subchapter H;
(B) authorized production and removal of fermented materials produced on authorized brewery or bonded wine cellar premises as provided by law;
(C) products exempt from tax under the provisions of section 5042 or 5053(e); or
(D) fermented materials used in the manufacture of vinegar by fermentation.
(b) Receipt Under such regulations as the Secretary may prescribe, fermented materials to be used in the production of distilled spirits may be received on the bonded premises of a distilled spirits plant authorized to produce distilled spirits as follows—
(1) from the premises of a bonded wine cellar authorized to remove such material by section 5362(c)(6);
(2) beer conveyed without payment of tax from brewery premises, beer which has been lawfully removed from brewery premises upon determination of tax, or
(3) cider exempt from tax under the provisions of section 5042(a)(1).
(c) Processing of distilled spirits containing extraneous substances The Secretary may by regulations provide for the removal from the distilling system, and the addition to the fermented or unfermented distilling material, of distilled spirits containing substantial quantities of fusel oil or aldehydes, or other extraneous substances.
(d) Penalty For penalty and forfeiture for unlawful production, removal, or use of material fit for distillation or for the production of distilled spirits, and for penalty and forfeiture for unlawful production of distilled spirits, see sections 5601(a)(7), 5601(a)(8), and 5615(4).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1365; amended Pub. L. 94455, title XIX, §§ 1905(b)(6)(D), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834; Pub. L. 95458, § 2(b)(4), Oct. 14, 1978, 92 Stat. 1256; Pub. L. 9639, title VIII, § 807(a)(30), July 26, 1979, 93 Stat. 286; Pub. L. 10534, title XIV, § 1414(a), Aug. 5, 1997, 111 Stat. 1047.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising subsecs. (a)(1), (2)(D), (b), and (d) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)(1), (2)(D)5216(a)(1), (4). (b)5309, 5362(7), 5412. (d)5216(b). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 640, 641, 658, 665, 675.
Amendments1997—Subsec. (b)(2). Pub. L. 10534 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “conveyed without payment of tax from contiguous brewery premises where produced; or”. 1979—Subsec. (c). Pub. L. 9639 struck out “, in the production facilities of a distilled spirits plant” after “distilling material”. 1978—Subsec. (a)(2)(C). Pub. L. 95458 inserted reference to section 5053(e). 1976—Subsecs. (a)(1), (b), (c). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (d). Pub. L. 94455, § 1905(b)(6)(D), struck out “5601(b)(3), 5601(b)(4),” after “5601(a)(8),”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 effective on the 1st day of the 1st calendar quarter that begins at least 180 days after Aug. 5, 1997, see section 1414(d) of Pub. L. 10534, set out as a note under section 5053 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95458 effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) of Pub. L. 95458, set out as a note under section 5042 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(b)(6)(D) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5223 - Redistillation of spirits, articles, and residues
## Text
(a) Spirits on bonded premises The proprietor of a distilled spirits plant authorized to produce distilled spirits may, under such regulations as the Secretary shall prescribe, redistill any distilled spirits which have not been withdrawn from bonded premises.
(b) Distilled spirits returned for redistillation Distilled spirits which have been lawfully removed from bonded premises free of tax or without payment of tax may, under such regulations as the Secretary may prescribe, be returned for redistillation to the bonded premises of a distilled spirits plant authorized to produce distilled spirits.
(c) Redistillation of articles and residues Articles, containing denatured distilled spirits, which were manufactured under the provisions of subchapter D or on the bonded premises of a distilled spirits plant, and the spirits residues of manufacturing processes related thereto, may be received, and the distilled spirits therein recovered by redistillation, on the bonded premises of a distilled spirits plant authorized to produce distilled spirits, under such regulations as the Secretary may prescribe.
(d) Denatured distilled spirits, articles, and residues Distilled spirits recovered by the redistillation of denatured distilled spirits, or by the redistillation of the articles or residues described in subsection (c), may not be withdrawn from bonded premises except for industrial use or after denaturation thereof in the manner prescribed by law.
(e) Products of redistillation All distilled spirits redistilled on bonded premises subsequent to production gauge shall be treated the same as if such spirits had been originally produced by the redistiller and all provisions of this chapter applicable to the original production of distilled spirits shall be applicable thereto. Any prior obligation as to taxes, liens, and bonds with respect to such distilled spirits shall be extinguished on redistillation. Nothing in this subsection shall be construed as affecting any provision of law relating to the labeling of distilled spirits or as limiting the authority of the Secretary to regulate the marking, branding, or identification of distilled spirits redistilled under this section.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1365; amended Pub. L. 8944, title VIII, § 805(d), (f)(8), (10), June 21, 1965, 79 Stat. 161, 162; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(31), July 26, 1979, 93 Stat. 286.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising subsecs. (a) and (d) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5194(f), 5217(a), 5305, 5308. (d)5194(f). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 635, 641, 657.
Amendments1979—Subsec. (c). Pub. L. 9639, § 807(a)(31)(A), inserted “or on the bonded premises of a distilled spirits plant” after “subchapter D,”. Subsec. (e). Pub. L. 9639, § 807(a)(31)(B), struck out provisions relating to the treatment of the processing of distilled spirits, subsequent to production gauge, in the manufacture of vodka in the production facilities of a distilled spirits plant as a redistillation of the spirits for purposes of this subsection, subsection (a), and sections 5025(d) and 5215. 1976—Subsecs. (a) to (c), (e). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1965—Pub. L. 8944, § 805(f)(8), substituted “spirits, articles, and residues” for “spirits” in section catchline. Subsec. (c). Pub. L. 8944, § 805(d), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 8944, § 805(d), (f)(10), redesignated subsec. (c) as (d), inserted “, articles, and residues” after “distilled spirits” in heading, and inserted “, or by the redistillation of the articles or residues described in subsection (c),” after “denatured distilled spirits” in text. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 8911, § 805(d), redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 effective Oct. 1, 1965, see section 805(g)(2) of Pub. L. 8944, set out as a note under section 5004 of this title.
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# 26 U.S.C. § 5231 - Entry for deposit
## Text
All distilled spirits entered for deposit on the bonded premises of a distilled spirits plant under section 5211 shall, under such regulations as the Secretary shall prescribe, be deposited in the facilities on the bonded premises designated in the entry for deposit.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1366; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(32), July 26, 1979, 93 Stat. 286.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5231, act Aug. 16, 1954, ch. 736, 68A Stat. 643, related to authority to establish internal revenue bonded warehouses, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), 5172, 5173(a), and 5178(a)(1)(A)(B), (3)(A)(B) of this title. Provisions similar to those comprising this section were contained in prior section 5242(a), (b)(5), act Aug. 16, 1954, ch. 736, 68A Stat. 645, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Pub. L. 9639 struck out in section catchline “in storage” after “for deposit” and subsec. (a) catchline and in text substituted “on the bonded premises of a distilled spirits plant” for “in storage” and “in the facilities” for “in storage facilities” and repealed subsec. (b) which related to a cross reference to section 5006(a)(2) for provisions requiring that all distilled spirits entered for deposit be withdrawn within 20 years from date of original entry for deposit. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
@@ -0,0 +1,59 @@
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# 26 U.S.C. § 5232 - Imported distilled spirits
## Text
(a) Transfer to distilled spirits plant without payment of tax Distilled spirits imported or brought into the United States in bulk containers may, under such regulations as the Secretary shall prescribe, be withdrawn from customs custody and transferred in such bulk containers or by pipeline to the bonded premises of a distilled spirits plant without payment of the internal revenue tax imposed on such distilled spirits. The person operating the bonded premises of the distilled spirits plant to which such spirits are transferred shall become liable for the tax on distilled spirits withdrawn from customs custody under this section upon release of the spirits from customs custody, and the importer, or the person bringing such distilled spirits into the United States, shall thereupon be relieved of his liability for such tax.
(b) Withdrawals, etc. Distilled spirits transferred pursuant to subsection (a)—
(1) may be redistilled or denatured only if of 185 degrees or more of proof, and
(2) may be withdrawn for any purpose authorized by this chapter, in the same manner as domestic distilled spirits.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1366; amended Pub. L. 90630, § 3(a), Oct. 22, 1968, 82 Stat. 1328; Pub. L. 91659, § 7, Jan. 8, 1971, 84 Stat. 1967; Pub. L. 94455, title XIX, § 1905(a)(15), Oct. 4, 1976, 90 Stat. 1820; Pub. L. 9639, title VIII, § 807(a)(33), July 26, 1979, 93 Stat. 286.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5232, acts Aug. 16, 1954, ch. 736, 68A Stat. 643; Sept. 2, 1958, Pub. L. 85859, title II, § 206(b), 72 Stat. 1431, related to bond requirements of internal revenue bonded warehouses, prior to the general revision of this chapter by Pub. L. 85859. See sections 5005(c)(1), 5006(a)(2), 5173(a), (c)(1), 5174(a)(1), 5176(a), (b), and 5177(b)(1) of this title. Provisions similar to those comprising this section were contained in prior section 5311, act Aug. 16, 1954, ch. 736, 68A Stat. 658, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Subsec. (b). Pub. L. 9639 redesignated par. (2) and (3) as (1) and (2). Former par. (1), which prohibited distilled spirits transferred pursuant to subsection (a) from being bottled in bond under section 5233, was struck out. 1976—Subsec. (a). Pub. L. 94455 inserted “, or the person bringing such distilled spirits into the United States,” after “and the importer”. 1971—Subsec. (a). Pub. L. 91659, § 7(a), extended privilege of transfer of distilled spirits to the plant without payment of tax to distilled spirits imported, or brought into the United States, and struck out reference to section 5001. Subsec. (b). Pub. L. 91659, § 7(b), struck out “Imported” before “distilled spirits” and thus applied subsection to all distilled spirits. 1968—Pub. L. 90630 permitted withdrawal in bulk containers or by pipeline from customs custody to internal revenue bond without payment of internal revenue taxes of all imported distilled spirits in bulk containers, regardless of proof, extended to all such imported distilled spirits the withdrawal privileges already available to imported distilled spirits of at least 185 proof, whether or not they have been redistilled or denatured, provided that transferors liability for the internal revenue tax ceases when the transferees liability attaches, and established that imported bulk spirits are not eligible for the bottled in bond privileges available to domestic spirits.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 91659 effective on first day of first calendar month which begins more than 90 days after Jan. 8, 1971, see section 6 of Pub. L. 91659, set out as an Effective Date note under section 5066 of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90630 applicable only to withdrawals from customs custody on or after first day of first calendar month which begins more than 90 days after Oct. 22, 1968, see section 4 of Pub. L. 90630, set out as a note under section 5008 of this title.
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# 26 U.S.C. § 5233 - Repealed. Pub. L. 9639, title VIII, § 807(a)(34), July 26, 1979, 93 Stat. 286]
## Notes
Section, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1366; amended Pub. L. 94455, title XIX, §§ 1905(a)(16), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834, related to the bottling of distilled spirits in bond.
A prior section 5233, act Aug. 16, 1954, ch. 736, 68A Stat. 644, made a cross reference provision to establishment of bottling in bond department, prior to the general revision of this chapter by Pub. L. 85859.
Provisions similar to those comprising subsecs. (a) to (d) and (e)(1) of section 5233 added by Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1366, were contained in prior section 5243(a) to (c), (g), act Aug. 16, 1954, ch. 736, 68A Stat. 645, as amended by Pub. L. 85859, title II, § 206(c), Sept. 2, 1958, 72 Stat. 1431.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
@@ -0,0 +1,41 @@
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# 26 U.S.C. § 5234 - Repealed. Pub. L. 9639, title VIII, § 807(a)(35), July 26, 1979, 93 Stat. 286]
## Notes
Section, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1367; amended Pub. L. 8944, title VIII, § 805(f)(11), June 21, 1965, 79 Stat. 162; Pub. L. 94455, title XIX, §§ 1905(a)(17), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834; Pub. L. 95176, § 5(a), Nov. 14, 1977, 91 Stat. 1366, related to the mingling and blending of distilled spirits.
Provisions similar to those comprising section 5234(a)(1)(A) and (b) to (d) of this title were contained in prior sections of act Aug. 16, 1954, ch. 736, prior to the general revision of this chapter by Pub. L. 85859, as follows:
Subsecs.:Prior sections (a)(1)(A)5306. (b)5217(a). (c)5023. (d)5251. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 606, 641, 649, 657.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
@@ -0,0 +1,49 @@
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type: "LegalText"
title: "26 U.S.C. § 5235"
description: "Bottling of alcohol for industrial purposes"
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# 26 U.S.C. § 5235 - Bottling of alcohol for industrial purposes
## Text
Alcohol for industrial purposes may be bottled, labeled, and cased on bonded premises of a distilled spirits plant prior to payment or determination of tax, under such regulations as the Secretary may prescribe.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1369; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(36), July 26, 1979, 93 Stat. 286; Pub. L. 98369, div. A, title IV, § 454(c)(8), July 18, 1984, 98 Stat. 821.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior section 5305, act Aug. 16, 1954, ch. 736, 68A Stat. 657, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1984—Pub. L. 98369 struck out “stamped,” before “labeled,” and struck out provision that section 5205(a)(1) shall not apply to alcohol bottled, stamped, and labeled as such under this section. 1979—Pub. L. 9639 substituted “section 5205(a)(1) shall not apply” for “sections 5178(a)(4)(A), 5205(a)(1), and 5233 (relating to the bottling of distilled spirits in bond) shall not be applicable”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
@@ -0,0 +1,43 @@
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# 26 U.S.C. § 5236 - Discontinuance of storage facilities and transfer of distilled spirits
## Text
When the Secretary finds any facilities for the storage of distilled spirits on bonded premises to be unsafe or unfit for use, or the spirits contained therein subject to great loss or wastage he may require the discontinuance of the use of such facilities and require the spirits contained therein to be transferred to such other storage facilities as he may designate. Such transfer shall be made at such time and under such supervision as the Secretary may require and the expense of the transfer shall be paid by the owner or the warehouseman of the distilled spirits. Whenever the owner of such distilled spirits or the warehouseman fails to make such transfer within the time prescribed, or to pay the just and proper expense of such transfer, as ascertained and determined by the Secretary, such distilled spirits may be seized and sold by the Secretary in the same manner as goods are sold on distraint for taxes, and the proceeds of such sale shall be applied to the payment of the taxes due thereon and the cost and expenses of such sale and removal, and the balance paid over to the owner of such distilled spirits.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1369; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior section 5252, act Aug. 16, 1954, ch. 736, 68A Stat. 649, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
@@ -0,0 +1,49 @@
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type: "LegalText"
title: "26 U.S.C. § 5241"
description: "Authority to denature"
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kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
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---
# 26 U.S.C. § 5241 - Authority to denature
## Text
Under such regulations as the Secretary shall prescribe, distilled spirits may be denatured on the bonded premises of a distilled spirits plant qualified for the processing of distilled spirits. Distilled spirits to be denatured under this section shall be of such kind and such degree of proof as the Secretary shall by regulations prescribe. Distilled spirits denatured under this section may be used on the bonded premises of a distilled spirits plant in the manufacture of any article.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1369; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(37), July 26, 1979, 93 Stat. 286.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5241, act Aug. 16, 1954, ch. 736, 68A Stat. 644, related to supervision of operations of internal revenue bonded warehouses, prior to the general revision of this chapter by Pub. L. 85859. See sections 5201(a), 5202 (a), (c), (d), and 7803 of this title and section 22 of former Title 5, Executive Departments and Government Officers and Employees. Provisions similar to those comprising this section were contained in prior sections 5194(c), 5303, 5310(a), 5331(a)(1), act Aug. 16, 1954, ch. 736, 68A Stat. 635, 655, 658, 661, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Pub. L. 9639 substituted “a distilled spirits plant qualified for the processing of distilled spirits” for “any distilled spirits plant operated by a proprietor who is authorized to produce distilled spirits at such plant or on other bonded premises”, struck out provision that any other person operating bonded premises may, at the discretion of the Secretary and under such regulations as he may prescribe, be authorized to denature distilled spirits on such bonded premises, and inserted provision that distilled spirits denatured under this section may be used on the bonded premises of a distilled spirits plant in the manufacture of any article. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
@@ -0,0 +1,43 @@
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---
# 26 U.S.C. § 5242 - Denaturing materials
## Text
Methanol or other denaturing materials suitable to the use for which the denatured distilled spirits are intended to be withdrawn shall be used for the denaturation of distilled spirits. Denaturing materials shall be such as to render the spirits with which they are admixed unfit for beverage or internal human medicinal use. The character and the quantity of denaturing materials used shall be as prescribed by the Secretary by regulations.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1369; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5242, acts Aug. 16, 1954, ch. 736, 68A Stat. 645; Sept. 2, 1958, Pub. L. 85859, title II, § 206(e), 72 Stat. 1431, related to deposit of spirits in warehouses, prior to the general revision of this chapter by Pub. L. 85859. Provisions similar to those comprising this section were contained in prior sections 5303, 5310(a) and 5331(a)(1), (2), act Aug. 16, 1954, ch. 736, 68A Stat. 655, 658, 661, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
@@ -0,0 +1,43 @@
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title_number: 26
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---
# 26 U.S.C. § 5243 - Sale of abandoned spirits for denaturation without collection of tax
## Text
Notwithstanding any other provision of law, any distilled spirits abandoned to the United States may be sold, in such cases as the Secretary may by regulation provide, to the proprietor of any distilled spirits plant for denaturation, or redistillation and denaturation, without the payment of the internal revenue tax thereon.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1370; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5243, acts Aug. 16, 1954, ch. 736, 68A Stat. 645; Sept. 2, 1958, Pub. L. 85859, § 206(c), 72 Stat. 1431, related to bottling of distilled spirits in bond, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171, 5172, 5175, 5178(a)(3)(C), (4)(A), 5202(g), 5206(c), 5214(a)(4), and 5233(a) to (c), (e)(1) of this title and section 121 of Title 27, Intoxicating Liquors. Provisions similar to those comprising this section were contained in prior section 5333, act Aug. 16, 1954, ch. 736, 68A Stat. 662, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
@@ -0,0 +1,43 @@
---
type: "LegalText"
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# 26 U.S.C. § 5244 - Cross references
## Text
(1) For provisions authorizing the withdrawal from the bonded premises of a distilled spirits plant of denatured distilled spirits, see section 5214(a)(1).
(2) For provisions requiring a permit to procure specially denatured distilled spirits, see section 5271.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1370.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5244, act Aug. 16, 1954, ch. 736, 68A Stat. 647, related to withdrawal of spirits from bonded warehouse on determination of tax, prior to the general revision of this chapter by Pub. L. 85859. See section 5213 of this title.
@@ -0,0 +1,95 @@
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# 26 U.S.C. § 5271 - Permits
## Text
(a) Requirements No person shall—
(1) procure or use distilled spirits free of tax under the provisions of section 5214(a)(2) or (3); or
(2) procure, deal in, or use specially denatured distilled spirits; or
(3) recover specially or completely denatured distilled spirits, until he has filed an application with and received a permit to do so from the Secretary.
(b) Form of application and permit (1) The application required by subsection (a) shall be in such form, shall be submitted at such times, and shall contain such information, as the Secretary shall by regulations prescribe.
(2) Permits under this section shall, under such regulations as the Secretary shall prescribe, designate and limit the acts which are permitted, and the place where and time when such acts may be performed. Such permits shall be issued in such form and under such conditions as the Secretary may by regulations prescribe.
(c) Disapproval of application Any application submitted under this section may be disapproved and the permit denied if the Secretary, after notice and opportunity for hearing, finds that—
(1) in case of an application to withdraw and use distilled spirits free of tax, the applicant is not authorized by law or regulations issued pursuant thereto to withdraw or use such distilled spirits; or
(2) the applicant (including, in the case of a corporation, any officer, director, or principal stockholder, and, in the case of a partnership, a partner) is, by reason of his business experience, financial standing, or trade connections, not likely to maintain operations in compliance with this chapter; or
(3) the applicant has failed to disclose any material information required, or made any false statement as to any material fact, in connection with his application; or
(4) the premises on which it is proposed to conduct the business are not adequate to protect the revenue.
(d) Changes after issuance of permit With respect to any change relating to the information contained in the application for a permit issued under this section, the Secretary may by regulations require the filing of written notice of such change and, where the change affects the terms of the permit, require the filing of an amended application.
(e) Suspension or revocation If, after notice and hearing, the Secretary finds that any person holding a permit issued under this section—
(1) has not in good faith complied with the provisions of this chapter or regulations issued thereunder; or
(2) has violated the conditions of such permit; or
(3) has made any false statement as to any material fact in his application therefor; or
(4) has failed to disclose any material information required to be furnished; or
(5) has violated or conspired to violate any law of the United States relating to intoxicating liquor, or has been convicted of any offense under this title punishable as a felony or of any conspiracy to commit such offense; or
(6) is, in the case of any person who has a permit under subsection (a)(1) or (a)(2), by reason of his operations, no longer warranted in procuring or using the distilled spirits or specially denatured distilled spirits authorized by his permit; or
(7) has, in the case of any person who has a permit under subsection (a)(2), manufactured articles which do not correspond to the descriptions and limitations prescribed by law and regulations; or
(8) has not engaged in any of the operations authorized by the permit for a period of more than 2 years;
such permit may, in whole or in part, be revoked or be suspended for such period as the Secretary deems proper.
(f) Duration of permits Permits issued under this section, unless terminated by the terms of the permit, shall continue in effect until suspended or revoked as provided in this section, or until voluntarily surrendered.
(g) Posting of permits Permits issued under this section, to use distilled spirits free of tax, to deal in, or use specially denatured distilled spirits, or to recover specially or completely denatured distilled spirits, shall be kept posted available for inspection on the premises covered by the permit.
(h) Regulations The Secretary shall prescribe all necessary regulations relating to issuance, denial, suspension, or revocation, of permits under this section, and for the disposition of distilled spirits (including specially denatured distilled spirits) procured under permit pursuant to this section which remain unused when such permit is no longer in effect.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1370; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5271, act Aug. 16, 1954, ch. 736, 68A Stat. 650, related to “notice of business of rectifier”, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), (c), 5172, and 5178(a)(1)(A), (4)(B)(D) of this title. Provisions similar to those comprising subsecs. (a) to (f) and (h) of this section were contained in prior section 5304(a)(1) to (4), (b), (c), act Aug. 16, 1954, ch. 736, 68A Stat. 655, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Subsecs. (a) to (e), (h). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
@@ -0,0 +1,49 @@
---
type: "LegalText"
title: "26 U.S.C. § 5272"
description: "Bonds"
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title_name: "INTERNAL REVENUE CODE"
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# 26 U.S.C. § 5272 - Bonds
## Text
(a) Requirements Before any permit required by section 5271(a) is granted, the Secretary may require a bond, in such form and amount as he may prescribe, to insure compliance with the terms of the permit and the provisions of this chapter.
(b) Exceptions No bond shall be required in the case of permits issued to the United States or any governmental agency thereof, or to the several States or any political subdivision thereof, or to the District of Columbia.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1372; amended Pub. L. 94455, title XIX, §§ 1905(c)(3), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1823, 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5272, act Aug. 16, 1954, ch. 736, 68A Stat. 650, related to requirement and approval of bond as condition to commencing business of rectifier of spirits, prior to the general revision of this chapter by Pub. L. 85859. See section 5173(a), (d) of this title. Provisions similar to those comprising this section were contained in prior sections 5304(a)(5) and 5310(d), act Aug. 16, 1954, ch. 736, 68A Stat. 655, 658, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Subsec. (a). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (b). Pub. L. 94455, § 1905(c)(3), struck out “and Territories” after “several States”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by section 1905(c)(3) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
@@ -0,0 +1,61 @@
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# 26 U.S.C. § 5273 - Sale, use, and recovery of denatured distilled spirits
## Text
(a) Use of specially denatured distilled spirits Any person using specially denatured distilled spirits in the manufacture of articles shall file such formulas and statements of process, submit such samples, and comply with such other requirements, as the Secretary shall by regulations prescribe, and no person shall use specially denatured distilled spirits in the manufacture or production of any article until approval of the article, formula, and process has been obtained from the Secretary.
(b) Internal medicinal preparations and flavoring extracts (1) Manufacture No person shall use denatured distilled spirits in the manufacture of medicinal preparations or flavoring extracts for internal human use where any of the spirits remains in the finished product.
(2) Sale No person shall sell or offer for sale for internal human use any medicinal preparations or flavoring extracts manufactured from denatured distilled spirits where any of the spirits remains in the finished product.
(c) Recovery of spirits for reuse in manufacturing Manufacturers employing processes in which denatured distilled spirits withdrawn under section 5214(a)(1) are expressed, evaporated, or otherwise removed, from the articles manufactured shall be permitted to recover such distilled spirits and to have such distilled spirits restored to a condition suitable solely for reuse in manufacturing processes under such regulations as the Secretary may prescribe.
(d) Prohibited withdrawal or sale No person shall withdraw or sell denatured distilled spirits, or sell any article containing denatured distilled spirits for beverage purposes.
(e) Cross references (1) For penalty and forfeiture for unlawful use or concealment of denatured distilled spirits, see section 5607.
(2) For applicability of all provisions of law relating to distilled spirits that are not denatured, including those requiring payment of tax, to denatured distilled spirits or articles produced, withdrawn, sold, transported, or used in violation of law or regulations, see section 5001(a)(5).
(3) For definition of “articles”, see section 5002(a)(14).
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1372; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(39), July 26, 1979, 93 Stat. 286; Pub. L. 115141, div. U, title IV, § 401(a)(244), Mar. 23, 2018, 132 Stat. 1195.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5273, act Aug. 16, 1954, ch. 736, 68A Stat. 650, related to premises of rectifier, prior to the general revision of this chapter by Pub. L. 85859. See section 5178(a)(1)(A), (4)(B), (D) and (c)(1) of this title. Provisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5331(a), (b). (b)5303, 5305, 5310(a), 5331(a)(1), (2), (b), 5647. (c)5332. (d)5303, 5305, 5310(a), 5331(a), 5647. (e)(1), (2)5334. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 655, 657, 658, 661, 662, 693.
Amendments2018—Subsec. (e)(2). Pub. L. 115141 substituted “section 5001(a)(5)” for “section 5001(a)(6)”. 1979—Subsec. (e)(3). Pub. L. 9639 substituted “section 5002(a)(14)” for “section 5002(a)(11)”. 1976—Subsecs. (a), (c). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
@@ -0,0 +1,43 @@
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# 26 U.S.C. § 5274 - Applicability of other laws
## Text
The provisions, including penalties, of sections 9, and 10 of the Federal Trade Commission Act (15 U.S.C., secs. 49, 50), as now or hereafter amended, shall apply to the jurisdiction, powers, and duties of the Secretary under this subtitle, and to any person (whether or not a corporation) subject to the provisions of this subtitle.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1372; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5274, act Aug. 16, 1954, ch. 736, 68A Stat. 651, related to sign required on rectifying premises, prior to the general revision of this chapter by Pub. L. 85859. See section 5180 of this title. Provisions similar to those comprising this section were contained in prior section 5317(b), act Aug. 16, 1954, ch. 736, 68A Stat. 660, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
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# 26 U.S.C. § 5275 - Records and reports
## Text
Every person procuring or using distilled spirits withdrawn under section 5214(a)(2) or (3), or procuring, dealing in, or using specially denatured distilled spirits, or recovering specially denatured or completely denatured distilled spirits, shall keep such records and file such reports of the receipt and use of distilled spirits withdrawn free of tax, of the receipt, disposition, use, and recovery of denatured distilled spirits, the manufacture and disposition of articles, and such other information as the Secretary may be regulations require. The Secretary may require any person reprocessing, bottling or repackaging articles, or dealing in completely denatured distilled spirits or articles, to keep such records, submit such reports, and comply with such other requirements as he may by regulations prescribe. Records required to be kept under this section and a copy of all reports required to be filed shall be preserved as regulations shall prescribe and shall be kept available for inspection by any internal revenue officer during business hours. Such officer may also inspect and take samples of distilled spirits, denatured distilled spirits, or articles (including any substances for use in the manufacture thereof), to which such records or reports relate.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1373; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5275, act Aug. 16, 1954, ch. 736, 68A Stat. 651, related to cross references, prior to the general revision of this chapter by Pub. L. 85859. See sections 5179(2) and 5181 of this title. Provisions similar to those comprising this section were contained in prior sections 5305, 5313(b), and 5331(a)(3), act Aug. 16, 1954, ch. 736, 68A Stat. 657, 659, 662, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
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# 26 U.S.C. § 5276 - Repealed. Pub. L. 10959, title XI, § 11125(a)(3), Aug. 10, 2005, 119 Stat. 1953]
## Notes
Section, added Pub. L. 100203, title X, § 10512(e)(1), Dec. 22, 1987, 101 Stat. 1330448; amended Pub. L. 100647, title II, § 2004(t)(1), title VI, § 6105(a), (b), Nov. 10, 1988, 102 Stat. 3609, 3711; Pub. L. 101239, title VII, § 7816(o), Dec. 19, 1989, 103 Stat. 2422, related to occupational tax on permit holders.
A prior section 5281, act Aug. 16, 1954, ch. 736, 68A Stat. 651, related to regulation of business rectifier, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5282, act Aug. 16, 1954, ch. 736, 68A Stat. 651, related to rectification of spirits, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5283, act Aug. 16, 1954, ch. 736, 68A Stat. 652, related to examination of rectifying premises, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5284, act Aug. 16, 1954, ch. 736, 68A Stat. 652, related to prohibited hours for removal of distilled spirits, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5285, act Aug. 16, 1954, ch. 736, 68A Stat. 652, related to records and returns, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 10959, set out as an Effective Date of 2005 Amendment note under section 5002 of this title.
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# 26 U.S.C. § 5291 - General
## Text
(a) Requirement Every person disposing of any substance of the character used in the manufacture of distilled spirits, or disposing of denatured distilled spirits or articles from which distilled spirits may be recovered, shall, when required by the Secretary, render a correct return, in such form and manner as the Secretary may by regulations prescribe, showing the name and address of the person to whom each disposition was made, with such details, as to the quantity so disposed of or other information which the Secretary may require as to each such disposition, as will enable the Secretary to determine whether all taxes due with respect to any distilled spirits manufactured or recovered from any such substance, denatured, distilled spirits, or articles, have been paid. Every person required to render a return under this section shall keep such records as will enable such person to render a correct return. Such records shall be preserved for such period as the Secretary shall by regulations prescribe, and shall be kept available for inspection by any internal revenue officer during business hours.
(b) Cross references (1) For the definition of distilled spirits, see section 5002(a)(8).
(2) For the definition of articles, see section 5002(a)(14).
(3) For penalty for violation of subsection (a), see section 5605.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1373; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(40), July 26, 1979, 93 Stat. 286.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in prior section 5213, act Aug. 16, 1954, ch. 736, 68A Stat. 639, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Subsec. (b)(1). Pub. L. 9639, § 807(a)(40)(A), substituted “section 5002(a)(8)” for “section 5002(a)(6)”. Subsec. (b)(2). Pub. L. 9639, § 807(a)(40)(B), substituted “section 5002(a)(14)” for “section 5002(a)(11)”. 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
@@ -0,0 +1,75 @@
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# 26 U.S.C. § 5301 - General
## Text
(a) Requirements Whenever in his judgment such action is necessary to protect the revenue, the Secretary is authorized, by the regulations prescribed by him and permits issued thereunder if required by him—
(1) to regulate the kind, size, branding, marking, sale, resale, possession, use, and reuse of containers (of a capacity of not more than 5 wine gallons) designed or intended for use for the sale of distilled spirits (within the meaning of such term as it is used in section 5002(a)(8) for other than industrial use; and
(2) to require, of persons manufacturing, dealing in, or using any such containers, the submission to such inspection, the keeping of such records, and the filing of such reports as may be deemed by him reasonably necessary in connection therewith.
Any requirements imposed under this section shall be in addition to any other requirements imposed by, or pursuant to, law and shall apply as well to persons not liable for tax under the internal revenue laws as to persons so liable.
(b) Disposition Every person disposing of containers of the character used for the packaging of distilled spirits shall, when required by the Secretary for protection of the revenue, render a correct return, in such form and manner as the Secretary may by regulations prescribe, showing the name and address of the person to whom each disposition was made, with such details as to the quantities so disposed of or other information which the Secretary may require as to each such disposition. Every person required to render a return under this section shall keep such records as will enable such person to render a correct return. Such records shall be preserved for such period as the Secretary shall by regulations prescribe, and shall be kept available for inspection by any internal revenue officer during business hours.
(c) Refilling of liquor bottles No person who sells, or offers for sale, distilled spirits, or agent or employee of such person, shall—
(1) place in any liquor bottle any distilled spirits whatsoever other than those contained in such bottle at the time of tax determination under the provisions of this chapter; or
(2) possess any liquor bottle in which any distilled spirits have been placed in violation of the provisions of paragraph (1); or
(3) by the addition of any substance whatsoever to any liquor bottle, in any manner alter or increase any portion of the original contents contained in such bottle at the time of tax determination under the provisions of this chapter; or
(4) possess any liquor bottle, any portion of the contents of which has been altered or increased in violation of the provisions of paragraph (3);
except that the Secretary may by regulations authorize the reuse of liquor bottles, under such conditions as he may by regulations prescribe. When used in this subsection the term “liquor bottle” shall mean a liquor bottle or other container which has been used for the bottling or packaging of distilled spirits under regulations issued pursuant to subsection (a).
(d) Closures The immediate container of distilled spirits withdrawn from bonded premises, or from customs custody, on determination of tax shall bear a closure or other device which is designed so as to require breaking in order to gain access to the contents of such container. The preceding sentence shall not apply to containers of bulk distilled spirits.
(e) Penalty For penalty for violation of this section, see section 5606.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1374; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(41), July 26, 1979, 93 Stat. 287; Pub. L. 98369, div. A, title IV, § 454(b), (c)(9), July 18, 1984, 98 Stat. 820, 821.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5301, act Aug. 16, 1954, ch. 736, 68A Stat. 654, related to establishment of industrial alcohol plants, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), (b)(1), 5172, 5173(a), (b) of this title. Provisions similar to those comprising subsecs. (a), (c), and (d) of this section were contained in prior section 5214, act Aug. 16, 1954, ch. 736, 68A Stat. 639, prior to the general revision of this chapter by Pub. L. 85859. A prior section 5302, act Aug. 16, 1954, ch. 736, 68A Stat. 645, related to the establishment of industrial alcohol warehouses, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), (b)(1), 5172, 5173(a), (c), 5178(a)(3)(A), (B), 5201(a), and 5206(a) of this title. A prior section 5303, act Aug. 16, 1954, ch. 736, 68A Stat. 655, related to establishment of industrial alcohol denaturing plants, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), (b)(1), 5172, 5173(a), (c), 5178(a)(5), 5241, 5242, and 5273(b)(1), (2), (d) of this title. A prior section 5304, act Aug. 16, 1954, ch. 736, 68A Stat. 655, related to alcohol permits, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(b)(1), 5173(a), (e)(1), 5271(a) to (c), (e), (f), (h), and 5272(a) of this title. A prior section 5305, act Aug. 16, 1954, ch. 736, 68A Stat. 657, related to regulations for establishing, bonding, and operations of plants and warehouses, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171, 5172, 5173(a), 5178(a)(1)(A), (5), 5201(a), (b), 5207(a), (c), (d), 5211, 5223(a), 5235, 5273(b)(1), (2), (d), 5275, and 5312(b) of this title. A prior section 5306, act Aug. 16, 1954, ch. 736, 68A Stat. 657, related to exemption of industrial alcohol plants and warehouses from certain laws, prior to the general revision of this chapter by Pub. L. 85859. See sections 5025(d), (e)(1), 5173(c), 5201(a), (c), 5204(c), 5234(a)(1)(A), 5306, and 5312(c) of this title. A prior section 5307, act Aug. 16, 1954, ch. 736, 68A Stat. 657, related to production, use, or sale of alcohol, prior to the general revision of this chapter by Pub. L. 85859. See sections 5178(a)(2)(A) and 5201(a) of this title. A prior section 5308, act Aug. 16, 1954, ch. 736, 68A Stat. 657, related to transfer of alcohol to other plants or warehouses, prior to the general revision of this chapter by Pub. L. 85859. See sections 5212 and 5223(a) of this title. A prior section 5309, act Aug. 16, 1954, ch. 736, 68A Stat. 658, related to withdrawal of fermented liquors to industrial alcohol plants, prior to the general revision of this chapter by Pub. L. 85859. See section 5222(b) of this title. A prior section 5310, act Aug. 16, 1954, ch. 736, 68A Stat. 658, related to withdrawal of alcohol free of tax, prior to the general revision of this chapter by Pub. L. 85859. See sections 5214(a), (a)(1) to (3), 5241, 5242, 5272(b), 5273(b)(1), (2), (d), and 5313 of this title.
Amendments1984—Subsec. (c). Pub. L. 98369, § 454(c)(9), substituted “tax determination” for “stamping” in pars. (1) and (3), and struck out “, if the liquor bottles are to be again stamped under the provisions of this chapter” after “by regulations prescribe” in provisions following par. (4). Subsec. (d). Pub. L. 98369, § 454(b), added subsec. (d) and redesignated former subsec. (d) as (e). 1979—Subsec. (a)(1). Pub. L. 9639 substituted “section 5002(a)(8)” for “section 5002(a)(6)”. 1976—Subsecs. (a) to (c). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 1, 1985, see section 456(b) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5311 - Detention of containers
## Text
It shall be lawful for any internal revenue officer to detain any container, containing or supposed to contain, distilled spirits, wines, or beer, when he has reason to believe that the tax imposed by law on such distilled spirits, wines, or beer has not been paid or determined as required by law, or that such container is being removed in violation of law; and every such container may be held by him at a safe place until it shall be determined whether the property so detained is liable by law to be proceeded against for forfeiture; but such summary detention shall not continue in any case longer than 72 hours without process of law or intervention of the officer to whom such detention is to be reported.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1375.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5311, act Aug. 16, 1954, ch. 736, 68A Stat. 658, related to importation of alcohol for industrial purposes, prior to the general revision of this chapter by Pub. L. 85859. See section 5232 of this title. Provisions similar to those comprising this section were contained in prior section 5211, act Aug. 16, 1954, ch. 736, 68A Stat. 638, prior to the general revision of this chapter by Pub. L. 85859.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
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# 26 U.S.C. § 5312 - Production and use of distilled spirits for experimental research
## Text
(a) Scientific institutions and colleges of learning Under such regulations as the Secretary may prescribe and on the filing of such bonds and applications as he may require, any scientific university, college of learning, or institution of scientific research may produce, receive, blend, treat, test, and store distilled spirits, without payment of tax, for experimental or research use but not for consumption (other than organoleptic tests) or sale, in such quantities as may be reasonably necessary for such purposes.
(b) Experimental distilled spirits plants Under such regulations as the Secretary may prescribe and on the filing of such bonds and applications as he may require, experimental distilled spirits plants may, at the discretion of the Secretary, be established and operated for specific and limited periods of time solely for experimentation in, or development of—
(1) sources of materials from which distilled spirits may be produced;
(2) processes by which distilled spirits may be produced or refined; or
(3) industrial uses of distilled spirits.
(c) Authority to exempt The Secretary may by regulations provide for the waiver of any provision of this chapter (other than this section) to the extent he deems necessary to effectuate the purposes of this section, except that he may not waive the payment of any tax on distilled spirits removed from any such university, college, institution, or plant.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1375; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5312, act Aug. 16, 1954, ch. 736, 68A Stat. 659, made a cross reference to remission and refund of tax on alcohol for loss or leakage, prior to the general revision of this chapter by Pub. L. 85859. Provisions similar to those comprising this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85859, as follows: Present subsecs.:Prior sections (a)5215. (b)5305. (c)5215, 5306. The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 640, 657.
Amendments1976—Subsecs. (a) to (c). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
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# 26 U.S.C. § 5313 - Withdrawal of distilled spirits from customs custody free of tax for use of the United States
## Text
Distilled spirits may be withdrawn free of tax from customs custody by the United States or any governmental agency thereof for its own use for nonbeverage purposes, under such regulations as may be prescribed by the Secretary.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1375; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5313, act Aug. 16, 1954, ch. 736, 68A Stat. 659, related to powers and duties of persons enforcing provisions respecting industrial alcohol plants, bonded warehouses, and denaturing plants, prior to the general revision of this chapter by Pub. L. 85859. See section 5275 of this title. Provisions similar to those comprising this section were contained in prior section 5310(b), act Aug. 16, 1954, ch. 736, 68A Stat. 658, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.
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# 26 U.S.C. § 5314 - Special applicability of certain provisions
## Text
(a) Puerto Rico (1) Applicability The provisions of this subsection shall not apply to the Commonwealth of Puerto Rico unless the Legislative Assembly of the Commonwealth of Puerto Rico expressly consents thereto in the manner prescribed in the constitution of the Commonwealth of Puerto Rico, for the enactment of a law.
(2) In general Distilled spirits for the purposes authorized in section 5214(a)(2) and (3), denatured distilled spirits, and articles, as described in this paragraph, produced or manufactured in Puerto Rico, may be brought into the United States free of any tax imposed by section 5001(a)(9) or 7652(a)(1) for disposal under the same conditions as like spirits, denatured spirits, and articles, produced or manufactured in the United States; and the provisions of this chapter and regulations promulgated thereunder (and all other provisions of the internal revenue laws applicable to the enforcement thereof, including the penalties of special application thereto) relating to the production, bonded warehousing, and denaturation of distilled spirits, to the withdrawal of distilled spirits or denatured distilled spirits, and to the manufacture of articles from denatured distilled spirits, shall, insofar as applicable, extend to and apply in Puerto Rico in respect of—
(A) distilled spirits for shipment to the United States for the purposes authorized in section 5214(a)(2) and (3);
(B) distilled spirits for denaturation;
(C) denatured distilled spirits for shipment to the United States;
(D) denatured distilled spirits for use in the manufacture of articles for shipment to the United States; and
(E) articles, manufactured from denatured distilled spirits, for shipment to the United States.
(3) Withdrawals authorized by Puerto Rico Distilled spirits (including denatured distilled spirits) may be withdrawn from the bonded premises of a distilled spirits plant in Puerto Rico pursuant to authorization issued under the laws of the Commonwealth of Puerto Rico; such spirits so withdrawn, and products containing such spirits so withdrawn, may not be brought into the United States free of tax.
(4) Costs of administration Any expenses incurred by the Treasury Department in connection with the enforcement in Puerto Rico of the provisions of this subtitle and section 7652(a), and regulations promulgated thereunder, shall be charged against and retained out of taxes collected under this title in respect of commodities of Puerto Rican manufacture brought into the United States. The funds so retained shall be deposited as a reimbursement to the appropriation to which such expenses were originally charged.
(b) Virgin Islands (1) In general Distilled spirits for the purposes authorized in section 5214(a)(2) and (3), denatured distilled spirits, and articles, as described in this paragraph, produced or manufactured in the Virgin Islands, may be brought into the United States free of any tax imposed by section 7652(b)(1) for disposal under the same conditions as like spirits, denatured spirits, and articles, produced or manufactured in the United States; and the provisions of this chapter and regulations promulgated thereunder (and all other provisions of the internal revenue laws applicable to the enforcement thereof, including the penalties of special application thereto) relating to the production, bonded warehousing, and denaturation of distilled spirits, to the withdrawal of distilled spirits or denatured distilled spirits, and to the manufacture of articles from denatured distilled spirits, shall, insofar as applicable, extend to and apply in the Virgin Islands in respect of—
(A) distilled spirits for shipment to the United States for the purposes authorized in section 5214(a)(2) and (3);
(B) distilled spirits for denaturation;
(C) denatured distilled spirits for shipment to the United States;
(D) denatured distilled spirits for use in the manufacture of articles for shipment to the United States; and
(E) articles, manufactured from denatured distilled spirits, for shipment to the United States.
(2) Advance of funds The insular government of the Virgin Islands shall advance to the Treasury of the United States such funds as may be required from time to time by the Secretary for the purpose of defraying all expenses incurred by the Treasury Department in connection with the enforcement in the Virgin Islands of paragraph (1) and regulations promulgated thereunder. The funds so advanced shall be deposited in a separate trust fund in the Treasury of the United States and shall be available to the Treasury Department for the purposes of this subsection.
(3) Regulations issued by Virgin Islands The Secretary may authorize the Governor of the Virgin Islands, or his duly authorized agents, to issue or adopt such regulations, to approve such bonds, and to issue, suspend, or revoke such permits, as are necessary to carry out the provisions of this subsection. When regulations have been issued or adopted under this paragraph with concurrence of the Secretary he may exempt the Virgin Islands from any provisions of law and regulations otherwise made applicable by the provisions of paragraph (1), except that denatured distilled spirits, articles and distilled spirits for tax-free purposes which are brought into the United States from the Virgin Islands under the provisions of this subsection shall in all respects conform to the requirements of law and regulations imposed on like products of domestic manufacture.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1375; amended Pub. L. 94455, title XIX, §§ 1905(a)(18), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834; Pub. L. 115141, div. U, title IV, § 401(a)(245), Mar. 23, 2018, 132 Stat. 1195.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5314, act Aug. 16, 1954, ch. 736, 68A Stat. 659, related to officers and agents authorized to investigate, issue search warrants, and prosecute for violations, prior to the general revision of this chapter by Pub. L. 85859. See sections 5557 of this title. Provisions similar to those comprising subsec. (a)(2) of this section were contained in prior section 5318, act Aug. 16, 1954, ch. 736, 68A Stat. 660, prior to the general revisions of this chapter by Pub. L. 85859.
Amendments2018—Subsec. (a)(2). Pub. L. 115141 substituted “section 5001(a)(9)” for “section 5001(a)(10)” in introductory provisions. 1976—Subsec. (a)(2). Pub. L. 94455, § 1905(a)(18), substituted “section 5001(a)(10)” for “section 5001(a)(4)”. Subsec. (b)(2), (3). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by section 1905(a)(18) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.
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# 26 U.S.C. § 5315 - Repealed. Pub. L. 94455, title XIX, § 1905(a)(19), Oct. 4, 1976, 90 Stat. 1820]
## Notes
Section 5315, added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1377, related to status of certain distilled spirits on July 1, 1959.
A prior section 5316, act Aug. 16, 1954, ch. 736, 68A Stat. 660, related to form of affidavit, information or indictment, prior to the general revision of this chapter by Pub. L. 85859. See Fed. Rules Cr. Proc., rules 7(c), (f), and 8(a), Title 18, Appendix, Crimes and Criminal Procedure.
A prior section 5317, act Aug. 16, 1954, ch. 736, 68A Stat. 660, related to applicability of other laws, prior to the general revision of this chapter by Pub. L. 85859. See section 5274 of this title.
A prior section 5318, act Aug. 16, 1954, ch. 736, 68A Stat. 660, related to application of this part to Puerto Rico and the Virgin Islands, prior to the general revision of this chapter by Pub. L. 85859. See section 5314(a)(2) of this title.
A prior section 5319, act Aug. 16, 1954, ch. 736, 68A Stat. 661, related to definitions, etc., prior to the general revision of this chapter by Pub. L. 85859. See sections 5002(a)(6)(A), (9), (11) and 5201(a) of this title.
A prior section 5320, act Aug. 16, 1954, ch. 736, 68A Stat. 661, related to cross references, prior to the general revision of this chapter by Pub. L. 85859.
A prior section 5331, act Aug. 16, 1954, ch. 736, 68A Stat. 661, related to withdrawal from bond free of tax, prior to the general revision of this chapter by Pub. L. 85859. See sections 5171(a), 5172, 5173(a), (c), 5178(a)(5), 5202(e), 5207(a), (c), (d), 5214(a), (a)(1), 5241, 5242, 5273(a), (b)(1), (2), (d), and 5275 of this title.
A prior section 5332, act Aug. 16, 1954, ch. 736, 68A Stat. 662, related to recovery of spirits for reuse in manufacturing, prior to the general revision of this chapter by Pub. L. 85859. See section 5273(c) of this title.
A prior section 5333, act Aug. 16, 1954, ch. 736, 68A Stat. 662, related to sale of abandoned spirits for denaturation without collection of tax, prior to the general revision of this chapter by Pub. L. 85859. See section 5243 of this title.
A prior section 5334, act Aug. 16, 1954, ch. 736, 68A Stat. 662, related to cross references, prior to the general revision of this chapter by Pub. L. 85859. See section 5273(e)(1), (2) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as an Effective Date of 1976 Amendment note under section 5005 of this title.
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# 26 U.S.C. § 5351 - Bonded wine cellar
## Text
(a) In general Any person establishing premises for the production, blending, cellar treatment, storage, bottling, packaging, or repackaging of untaxpaid wine (other than wine produced exempt from tax under section 5042), including the use of wine spirits in wine production, shall, before commencing operations, make application to the Secretary and, except as provided under section 5551(d), file bond and receive permission to operate.
(b) Definitions For purposes of this chapter—
(1) Bonded wine cellar The term “bonded wine cellar” means any premises described in subsection (a), including any such premises established by a taxpayer described in section 5551(d).
(2) Bonded winery At the discretion of the Secretary, any bonded wine cellar that engages in production operations may be designated as a “bonded winery”.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1378; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 114113, div. Q, title III, § 332(b)(2)(B), Dec. 18, 2015, 129 Stat. 3106.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5351, act Aug. 16, 1954, ch. 736, 68A Stat. 663, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments2015—Pub. L. 114113 designated existing provisions as subsec. (a), inserted heading, inserted “, except as provided under section 5551(d),” before “file bond”, struck out “Such premises shall be known as bonded wine cellars; except that any such premises engaging in production operations may, in the discretion of the Secretary, be designated as a bonded winery.” at end, and added subsec. (b). 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114113 applicable to any calendar quarters beginning more than 1 year after Dec. 18, 2015, see section 332(c) of Pub. L. 114113, set out as a note under section 5061 of this title.
Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
@@ -0,0 +1,47 @@
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---
# 26 U.S.C. § 5352 - Taxpaid wine bottling house
## Text
Any person bottling, packaging, or repackaging taxpaid wines shall, before commencing such operations, make application to the Secretary and receive permission to operate. Such premises shall be known as “tax-paid wine bottling houses.”
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1378; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 9639, title VIII, § 807(a)(42), July 26, 1979, 93 Stat. 287.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5352, act Aug. 16, 1954, ch. 736, 68A Stat. 663, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1979—Pub. L. 9639 struck out “at premises other than the bottling premises of a distilled spirits plant” after “taxpaid wines”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.
@@ -0,0 +1,43 @@
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---
# 26 U.S.C. § 5353 - Bonded wine warehouse
## Text
Any responsible warehouse company or other responsible person may, upon filing application with the Secretary and consent of the proprietor and the surety on the bond of any bonded wine cellar, under regulations prescribed by the Secretary, establish on such premises facilities for the storage of wines and allied products for credit purposes, to be known as a “bonded wine warehouse”. The proprietor of the bonded wine cellar shall remain responsible in all respects for operations in the warehouse and the tax on the wine or wine spirit stored therein.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1379; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5353, act Aug. 16, 1954, ch. 736, 68A Stat. 663, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
@@ -0,0 +1,49 @@
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---
# 26 U.S.C. § 5354 - Bond
## Text
The bond for a bonded wine cellar shall be in such form, on such conditions, and with such adequate surety, as regulations issued by the Secretary shall prescribe, and shall be in a penal sum not less than the tax on any wine or distilled spirits possessed or in transit at any one time (taking into account the appropriate amount of credit with respect to such wine under section 5041(c)), but not less than $1,000 nor more than $50,000; except that where the tax on such wine and on such distilled spirits exceeds $250,000, the penal sum of the bond shall be not more than $100,000. Where additional liability arises as a result of deferral of payment of tax payable on any return, the Secretary may require the proprietor to file a supplemental bond in such amount as may be necessary to protect the revenue. The liability of any person on any such bond shall apply whether the transaction or operation on which the liability of the proprietor is based occurred on or off the proprietors premises.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1379; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98369, div. A, title IV, § 455(c), July 18, 1984, 98 Stat. 823; Pub. L. 104188, title I, § 1702(b)(7), Aug. 20, 1996, 110 Stat. 1869.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5354, act Aug. 16, 1954, ch. 736, 68A Stat. 663, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1996—Pub. L. 104188 inserted “(taking into account the appropriate amount of credit with respect to such wine under section 5041(c))” after “any one time”. 1984—Pub. L. 98369 substituted “distilled spirits” for “wine spirits” in two places. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, Pub. L. 101508, title XI, to which such amendment relates, see section 1702(i) of Pub. L. 104188, set out as a note under section 38 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective July 18, 1984, see section 456(c) of Pub. L. 98369, set out as an Effective Date note under section 5101 of this title.
@@ -0,0 +1,41 @@
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citation: "26 U.S.C. § 5355"
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---
# 26 U.S.C. § 5355 - General provisions relating to bonds
## Text
The provisions of section 5551 (relating to bonds) shall be applicable to the bonds required under section 5354.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1379.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5355, act Aug. 16, 1954, ch. 736, 68A Stat. 664, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
@@ -0,0 +1,43 @@
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status: "current"
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---
# 26 U.S.C. § 5356 - Application
## Text
The application required by this part shall disclose, as regulations issued by the Secretary shall provide, such information as may be necessary to enable the Secretary to determine the location and extent of the premises, the type of operations to be conducted on such premises, and whether the operations will be in conformity with law and regulations.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1379; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5356, act Aug. 16, 1954, ch. 736, 68A Stat. 664, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing.

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