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
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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.

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---
type: "LegalText"
title: "26 U.S.C. § 5703"
description: "Liability for tax and method of payment"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "52"
chapter_name: "TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES"
section: "5703"
citation: "26 U.S.C. § 5703"
status: "current"
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tags: ["legal", "us-code"]
---
# 26 U.S.C. § 5703 - Liability for tax and method of payment
## Text
(a) Liability for tax (1) Original liability The manufacturer or importer of tobacco products and cigarette papers and tubes shall be liable for the taxes imposed thereon by section 5701.
(2) Transfer of liability When tobacco products and cigarette papers and tubes are transferred, without payment of tax, pursuant to section 5704, the liability for tax shall be transferred in accordance with the provisions of this paragraph. When tobacco products and cigarette papers and tubes are transferred between the bonded premises of manufacturers and export warehouse proprietors, the transferee shall become liable for the tax upon receipt by him of such articles, and the transferor shall thereupon be relieved of his liability for such tax. When tobacco products and cigarette papers and tubes are released in bond from customs custody for transfer to the bonded premises of a manufacturer of tobacco products or cigarette papers and tubes, the transferee shall become liable for the tax on such articles upon release from customs custody, and the importer shall thereupon be relieved of his liability for such tax. All provisions of this chapter applicable to tobacco products and cigarette papers and tubes in bond shall be applicable to such articles returned to bond upon withdrawal from the market or returned to bond after previous removal for a tax-exempt purpose.
(b) Method of payment of tax (1) In general The taxes imposed by section 5701 shall be determined at the time of removal of the tobacco products and cigarette papers and tubes. Such taxes shall be paid on the basis of return. The Secretary shall, by regulations, prescribe the period or the event for which such return shall be made and the information to be furnished on such return. Any postponement under this subsection of the payment of taxes determined at the time of removal shall be conditioned upon the filing of such additional bonds, and upon compliance with such requirements, as the Secretary may prescribe for the protection of the revenue. The Secretary may, by regulations, require payment of tax on the basis of a return prior to removal of the tobacco products and cigarette papers and tubes where a person defaults in the postponed payment of tax on the basis of a return under this subsection or regulations prescribed thereunder. All administrative and penalty provisions of this title, insofar as applicable, shall apply to any tax imposed by section 5701.
(2) Time for payment of taxes (A) In general Except as otherwise provided in this paragraph, in the case of taxes on tobacco products and cigarette papers and tubes removed during any semimonthly period under bond for deferred payment of tax, the last day for payment of such taxes shall be the 14th day after the last day of such semimonthly period.
(B) Imported articles In the case of tobacco products and cigarette papers and tubes which are imported into the United States—
(i) 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.
(ii) Special rule for entry for warehousing Except as provided in clause (iv), 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.
(iii) Foreign trade zones Except as provided in clause (iv) 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.
(iv) Exception for articles destined for export Clauses (ii) and (iii) shall not apply to any article which is shown to the satisfaction of the Secretary to be destined for export.
(C) Tobacco products and cigarette papers and tubes brought into the United States from Puerto Rico In the case of tobacco products and cigarette papers and tubes which are brought into the United States 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.
(D) Special rule for tax due in September (i) In general Notwithstanding the preceding provisions of this paragraph, the taxes on tobacco products and cigarette papers and tubes for the period beginning on September 16 and ending on September 26 shall be paid not later than September 29.
(ii) Safe harbor The requirement of clause (i) shall be treated as met if the amount paid not later than September 29 is not less than 1115 of the taxes on tobacco products and cigarette papers and tubes for the period beginning on September 1 and ending on September 15.
(iii) Taxpayers not required to use electronic funds transfer In the case of payments not required to be made by electronic funds transfer, clauses (i) and (ii) shall be applied by substituting “September 25” for “September 26”, “September 28” for “September 29”, and “⅔” for “1115”.
(E) Special rule where due date falls on Saturday, Sunday, or holiday Notwithstanding section 7503, if, but for this subparagraph, the due date under this paragraph would fall on a Saturday, Sunday, or a legal holiday (as defined in 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 subparagraph (D) falls on a Sunday).
(F) Special rule for unlawfully manufactured tobacco products In the case of any tobacco products, cigarette paper, or cigarette tubes manufactured in the United States at any place other than the premises of a manufacturer of tobacco products, cigarette paper, or cigarette tubes that has filed the bond and obtained the permit required under this chapter, tax shall be due and payable immediately upon manufacture.
(3) Payment by electronic fund transfer 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 tobacco products and cigarette papers and tubes by section 5701 (or 7652) shall pay such taxes during the succeeding calendar year by electronic fund transfer (as defined in section 5061(e)(2)) to a Federal Reserve Bank. Rules similar to the rules of section 5061(e)(3) shall apply to the $5,000,000 amount specified in the preceding sentence.
(c) Use of government depositaries The Secretary may authorize Federal Reserve banks, and incorporated banks or trust companies which are depositaries or financial agents of the United States, to receive any tax imposed by this chapter, in such manner, at such times, and under such conditions as he may prescribe; and he shall prescribe the manner, time, and condition under which the receipt of such tax by such banks and trust companies is to be treated as payment for tax purposes.
(d) Assessment Whenever any tax required to be paid by this chapter is not paid in full at the time required for such payment, it shall be the duty of the Secretary, subject to the limitations prescribed in section 6501, on proof satisfactory to him, to determine the amount of tax which has been omitted to be paid, and to make an assessment therefor against the person liable for the tax. The tax so assessed shall be in addition to the penalties imposed by law for failure to pay such tax when required. Except in cases where delay may jeopardize collection of the tax, or where the amount is nominal or the result of an evident mathematical error, no such assessment shall be made until and after the person liable for the tax has been afforded reasonable notice and opportunity to show cause, in writing, against such assessment.
(Aug. 16, 1954, ch. 736, 68A Stat. 707; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1417; Pub. L. 94455, title XIX, §§ 1905(a)(25), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1821, 1834; Pub. L. 97448, title III, § 308(a), Jan. 12, 1983, 96 Stat. 2407; Pub. L. 98369, div. A, title I, § 27(c)(2), July 18, 1984, 98 Stat. 509; Pub. L. 99509, title VIII, § 8011(a)(1), Oct. 21, 1986, 100 Stat. 1951; Pub. L. 99514, title XVIII, § 1801(c)(2), Oct. 22, 1986, 100 Stat. 2786; Pub. L. 100647, title II, § 2003(b)(1)(C), (D), Nov. 10, 1988, 102 Stat. 3598; Pub. L. 103465, title VII, § 712(c), Dec. 8, 1994, 108 Stat. 5000; Pub. L. 1113, title VII, § 702(e)(1), Feb. 4, 2009, 123 Stat. 110.)
## Notes
Editorial Notes
Amendments2009—Subsec. (b)(2)(F). Pub. L. 1113 added subpar. (F). 1994—Subsec. (b)(2)(D). Pub. L. 103465, § 712(c)(1), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (b)(2)(E). Pub. L. 103465, § 712(c), redesignated subpar. (D) as (E), substituted “due date” for “14th day” in heading, and inserted “(or the immediately following day where the due date described in subparagraph (D) falls on a Sunday)” before period at end. 1988—Subsec. (b)(2)(B)(i), (ii), (C). Pub. L. 100647 substituted “the 14th day after the last day of the semimonthly period during which” for “the 14th day after the date on which”. 1986—Subsec. (b)(2). Pub. L. 99509 amended par. (2) generally. Prior to amendment par. (2), time for making of return and payment of taxes, read as follows: “In the case of tobacco products and cigarette papers and tubes removed after December 31, 1982, under bond for deferred payment of tax, the last day for filing a return and paying any tax due for each return period shall be the last day of the first succeeding return period plus 10 days.” Subsec. (b)(3). Pub. L. 99514 inserted last sentence. 1984—Subsec. (b)(3). Pub. L. 98369 added par. (3). 1983—Subsec. (b). Pub. L. 97448 designated existing provisions as par. (1), struck out provisions that the Secretary prescribe the time for making a return and the time for the payment of taxes and that the Secretary prescribe by regulations the conditions for the filing of additional bonds, and added par. (2). 1976—Subsec. (a). Pub. L. 94455, § 1905(a)(25)(A), directed that all provisions of chapter 52 applicable to tobacco products and cigarette papers and tubes in bond be applicable to such articles returned to bond upon withdrawal from the market or returned to bond after previous removal for a tax-exempt purpose. Subsec. (b). Pub. L. 94455, §§ 1905(a)(25)(B), 1906(b)(13)(A), struck out provisions which had authorized payment of taxes by stamp until regulations could be promulgated to provide for payment by return and struck out “or his delegate” after “Secretary” in three places. Subsec. (c). Pub. L. 94455, §§ 1905(a)(25)(C), 1906(b)(13)(A), redesignated subsec. (d) as (c) and struck out “or his delegate” after “Secretary”. Former subsec. (c), relating to the use of stamps as evidence of the payment of taxes, was struck out. Subsecs. (d), (e). Pub. L. 94455, §§ 1905(a)(25)(C), 1906(b)(13)(A), redesignated subsec. (e) as (d) and struck out “or his delegate” after “Secretary”. Former subsec. (d) redesignated (c). 1958—Subsec. (a)(1). Pub. L. 85859 designated part of first sentence of subsec. (a) as par. (1) thereof and redesignated the remainder of subsec. (a) as (b). Subsec. (a)(2). Pub. L. 85859 added par. (2). Subsec. (b). Pub. L. 85859 designated former subsec. (a), with exception of part of the first sentence, as subsec. (b) and substituted “tobacco products and cigarette papers and tubes” for “articles”, and inserted provisions relating to postponements, and to payment of the tax on the basis of a return prior to removal of the tobacco products and cigarette papers and tubes where a person defaults in the postponed payment of the tax. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 85859 designated former subsec. (b) as (c) and substituted “If the Secretary or his delegate shall by regulation provide for the payment of tax by return and require the use of” for “If the Secretary or his delegate shall, by regulation, require the use”, and “tobacco products” for “articles”. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 85859 redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 85859 designated former subsec. (d) as (e) and permitted assessments in cases where delay may jeopardize collection of the tax, or where the amount is nominal or the result of an evident mathematical error.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentPub. L. 1113, title VII, § 702(e)(2), Feb. 4, 2009, 123 Stat. 110, provided that: “The amendment made by this subsection [amending this section] shall take effect on the date of the enactment of this Act [Feb. 4, 2009].”
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective Jan. 1, 1995, see section 712(e) of Pub. L. 103465, set out as a note under section 5061 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 effective as if included in the amendments made by section 8011 of the Omnibus Budget Reconciliation Act of 1986, Pub. L. 99509, see section 2003(b)(2) of Pub. L. 100647, set out as a note under section 5061 of this title.
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. Amendment by Pub. L. 99509 applicable to removals during semimonthly periods ending on or after Dec. 31, 1986, except as otherwise provided, see section 8011(c) of Pub. L. 99509, set out as a note under section 5061 of this title.
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 1983 AmendmentPub. L. 97448, title III, § 308(b), Jan. 12, 1983, 96 Stat. 2407, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to tobacco products and cigarette papers and tubes removed after December 31, 1982.”
Effective Date of 1976 AmendmentAmendment by section 1905(a)(25) 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 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date 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.
@@ -0,0 +1,69 @@
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type: "LegalText"
title: "26 U.S.C. § 5704"
description: "Exemption from tax"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "52"
chapter_name: "TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES"
section: "5704"
citation: "26 U.S.C. § 5704"
status: "current"
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---
# 26 U.S.C. § 5704 - Exemption from tax
## Text
(a) Tobacco products furnished for employee use or experimental purposes Tobacco products may be furnished by a manufacturer of such products, without payment of tax, for use or consumption by employees or for experimental purposes, in such quantities, and in such manner as the Secretary shall by regulation prescribed.
(b) Tobacco products and cigarette papers and tubes transferred or removed in bond from domestic factories and export warehouses A manufacturer or export warehouse proprietor may transfer tobacco products and cigarette papers and tubes, without payment of tax, to the bonded premises of another manufacturer or export warehouse proprietor, or remove such articles, without payment of tax, for shipment to a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States, or for consumption beyond the jurisdiction of the internal revenue laws of the United States; and manufacturers may similarly remove such articles for use of the United States; in accordance with such regulations and under such bonds as the Secretary shall prescribe. Tobacco products and cigarette papers and tubes may not be transferred or removed under this subsection unless such products or papers and tubes bear such marks, labels, or notices as the Secretary shall by regulations prescribe.
(c) Tobacco products and cigarette papers and tubes released in bond from customs custody Tobacco products and cigarette papers and tubes, imported or brought into the United States, may be released from customs custody, without payment of tax, for delivery to the proprietor of an export warehouse, or to a manufacturer of tobacco products or cigarette papers and tubes if such articles are not put up in packages, in accordance with such regulations and under such bond as the Secretary shall prescribe.
(d) Tobacco products and cigarette papers and tubes exported and returned Tobacco products and cigarette papers and tubes classifiable under item 804.00 of title I of the Tariff Act of 1930 (relating to duty on certain articles previously exported and returned) may be released from customs custody, without payment of that part of the duty attributable to the internal revenue tax for delivery to the original manufacturer of such tobacco products or cigarette papers and tubes or to the proprietor of an export warehouse authorized by such manufacturer to receive such articles, in accordance with such regulations and under such bond as the Secretary shall prescribe. Upon such release such products, papers, and tubes shall be subject to this chapter as if they had not been exported or otherwise removed from internal-revenue bond.
(Aug. 16, 1954, ch. 736, 68A Stat. 708; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1418; Pub. L. 88342, § 1(b), June 30, 1964, 78 Stat. 234; Pub. L. 8944, title V, § 502(b)(4), June 21, 1965, 79 Stat. 151; Pub. L. 94455, title XIX, §§ 1905(a)(26), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1821, 1834; Pub. L. 99509, title VIII, § 8011(a)(2), Oct. 21, 1986, 100 Stat. 1952; Pub. L. 101239, title VII, § 7508(a), Dec. 19, 1989, 103 Stat. 2370; Pub. L. 10533, title IX, § 9302(h)(1)(A), Aug. 5, 1997, 111 Stat. 673; Pub. L. 106476, title IV, § 4002(b), Nov. 9, 2000, 114 Stat. 2177.)
## Notes
Editorial Notes
References in TextItem 804.00 of title I of the Tariff Act of 1930, referred to in subsec. (d), was classified to item 804.00 of the Tariff Schedules of the United States. The Tariff Schedules of the United States were replaced by the Harmonized Tariff Schedule of the United States. The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.
Amendments2000—Subsec. (d). Pub. L. 106476 substituted “the original manufacturer of such” for “a manufacturer of” and inserted “authorized by such manufacturer to receive such articles” after “proprietor of an export warehouse”. 1997—Subsec. (b). Pub. L. 10533 inserted at end “Tobacco products and cigarette papers and tubes may not be transferred or removed under this subsection unless such products or papers and tubes bear such marks, labels, or notices as the Secretary shall by regulations prescribe.” 1989—Subsec. (c). Pub. L. 101239 inserted “or to a manufacturer of tobacco products or cigarette papers and tubes if such articles are not put up in packages,” after “export warehouse,”. 1986—Subsec. (c). Pub. L. 99509 struck out “to a manufacturer of tobacco products or cigarette papers and tubes or” after “for delivery”. 1976—Subsecs. (a), (b). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsecs. (c), (d). Pub. L. 94455, §§ 1905(a)(26), 1906(b)(13)(A), inserted “or to the proprietor of an export warehouse” after “to a manufacturer of tobacco products or cigarette papers and tubes” and struck out “or his delegate” after “Secretary”. 1965—Subsec. (c). Pub. L. 8944, § 502(b)(4), redesignated subsec. (d) as (c), struck out all references to tobacco materials, and repealed former subsec. (c) which related to tobacco materials shipped or delivered in bond. Subsecs. (d), (e). Pub. L. 8944, § 502(b)(4)(A), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). 1964—Subsec. (e). Pub. L. 88342 added subsec. (e). 1958—Subsec. (b). Pub. L. 85859 included transfers by export warehouse proprietors, and substituted “tobacco products and cigarette papers and tubes” for “articles”, before “without payment of tax”. Subsec. (c). Pub. L. 85859 authorized shipments without payment of tax of tobacco stems and waste only, to any person for use by him as fertilizer or insecticide or in the production of fertilizer, insecticide, or nicotine. Subsec. (d). Pub. L. 85859 substituted “tobacco products, cigarette papers and tubes” for “articles” wherever appearing, and struck out provisions which related to delivery to bonded premises of manufacturers and dealers.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentPub. L. 106476, title IV, § 4002(d), Nov. 9, 2000, 114 Stat. 2177, provided that: “The amendments made by this section [amending this section and sections 5754 and 5761 of this title] shall take effect 90 days after the date of the enactment of this Act [Nov 9, 2000].”
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 of this title.
Effective Date of 1989 AmendmentPub. L. 101239, title VII, § 7508(b), Dec. 19, 1989, 103 Stat. 2370, provided that: “The amendment made by subsection (a) [amending this section] shall apply to articles imported or brought into the United States after the date of the enactment of this Act [Dec. 19, 1989].”
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 1976 AmendmentAmendment by section 1905(a)(26) 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 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after January 1, 1966, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective Date of 1964 AmendmentPub. L. 88342, § 2, June 30, 1964, 78 Stat. 234, provided that the amendment made by section 2 of Pub. L. 88342 shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1964.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
ReportPub. L. 106476, title I, § 4002(e), Nov. 9, 2000, 114 Stat. 2177, provided that: “The Secretary of the Treasury shall report to Congress on the impact of requiring export warehouses to be authorized by the original manufacturer to receive relanded export-labeled cigarettes.”
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---
# 26 U.S.C. § 5705 - Credit, refund, or allowance of tax
## Text
(a) Credit or refund Credit or refund of any tax imposed by this chapter or section 7652 shall be allowed or made (without interest) to the manufacturer, importer, or export warehouse proprietor, on proof satisfactory to the Secretary that the claimant manufacturer, importer, or export warehouse proprietor has paid the tax on tobacco products and cigarette papers and tubes withdrawn by him from the market; or on such articles lost (otherwise than by theft) or destroyed, by fire, casualty, or act of God, while in the possession of ownership of the claimant.
(b) Allowance If the tax has not yet been paid on tobacco products and cigarette papers and tubes provided to have been withdrawn from the market or lost or destroyed as aforesaid, relief from the tax on such articles may be extended upon the filing of a claim for allowance therefor in accordance with such regulations as the Secretary shall prescribe.
(c) Limitation Any claim for credit or refund of tax under this section shall be filed within 6 months after the date of the withdrawal from the market, loss, or destruction of the articles to which the claim relates, and shall be in such form and contain such information as the Secretary shall by regulations prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 709; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1419; Pub. L. 8944, title VIII, § 808(b)(1), (2), (c)(1), June 21, 1965, 79 Stat. 164, 165; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1965—Pub. L. 8944, § 808(c)(1), struck out “Refund or” and inserted in lieu thereof “Credit, refund, or” in section catchline. Subsec. (a). Pub. L. 8944, § 808(b)(1), substituted “Credit or refund” for “Refund” in heading and struck out “Refund of any tax imposed by this chapter shall be made”, replacing it with “Credit or refund of any tax imposed by this chapter or section 7652 shall be allowed or made”. Subsec. (c). Pub. L. 8944, § 808(b)(2), inserted “credit or” before “refund”. 1958—Subsec. (a). Pub. L. 85859 authorized refunds to export warehouse proprietors, provided for refunds to be made without interest, and eliminated provisions which authorized refunds where the tax has been paid in error. Subsec. (b). Pub. L. 85859 permitted relief where a tax has not yet been paid on tobacco products and cigarette papers and tubes proved to have been withdrawn from the market. Subsec. (c). Pub. L. 85859 substituted “under this section shall be filed within 6 months after the date of the withdrawal from the market, loss, or destruction of the articles to which the claim relates” for “imposed by this chapter shall be filed within 3 years of the date of payment of tax”.
Statutory Notes and Related Subsidiaries
Effective Date of 1965 AmendmentPub. L. 8944, title VIII, § 808(d)(2), June 21, 1965, 79 Stat. 165, provided that: “The amendments made by subsections (b)(1), (2), and (c) [amending this section] shall take effect on October 1, 1965.”
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
@@ -0,0 +1,45 @@
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# 26 U.S.C. § 5706 - Drawback of tax
## Text
There shall be an allowance of drawback of tax paid on tobacco products and cigarette papers and tubes, when shipped from the United States, in accordance with such regulations and upon the filing of such bond as the Secretary shall prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 709; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1419; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1958—Pub. L. 85859 substituted “tobacco products and cigarette papers and tubes” for “articles”.
Statutory Notes and Related Subsidiaries
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5707 - Repealed. Pub. L. 8944, title V, § 501(g), June 21, 1965, 79 Stat. 150]
## Notes
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 709; Mar. 30, 1955, ch. 18, § 3(b)(3), 69 Stat. 15; Mar. 29, 1956, ch. 115, § 3(b)(3), 70 Stat. 67; Mar. 29, 1957, Pub. L. 8512, § 3(b)(3), 71 Stat. 10; June 30, 1958, Pub. L. 85475, § 3(b)(3), 72 Stat. 259; Sept. 2, 1958, Pub. L. 85859, title II, § 202, 72 Stat. 1419; June 30, 1959, Pub. L. 8675, § 3(b)(2), 73 Stat. 158; June 30, 1960, Pub. L. 86564, title II, § 202(b)(2), 74 Stat. 291; June 30, 1961, Pub. L. 8772, § 3(b)(2), 75 Stat. 193; June 28, 1962, Pub. L. 87508, § 3(b)(2), 76 Stat. 114; June 29, 1963, Pub. L. 8852, § 3(b)(1)(B), 77 Stat. 72; June 30, 1964, Pub. L. 88348, § 2(b)(1)(B), 78 Stat. 237, made provision for floor stocks refunds on cigarettes, set limitations on eligibility for credit or refunds, and made applicable existing penalty and administrative procedures.
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.
@@ -0,0 +1,69 @@
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# 26 U.S.C. § 5708 - Losses caused by disaster
## Text
(a) Authorization Where 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, the Secretary shall pay (without interest) an amount equal to the amount of the internal revenue taxes paid or determined and customs duties paid on tobacco products and cigarette papers and tubes removed, which were lost, rendered unmarketable, or condemned by a duly authorized official by reason of such disaster occurring in such part of the United States on and after the effective date of this section, if such tobacco products or cigarette papers or tubes were held and intended for sale at the time of such disaster. The payments authorized by this section shall be made to the person holding such tobacco products or cigarette papers or tubes for sale at the time of the disaster.
(b) Claims No claim shall be allowed under this section unless—
(1) filed within 6 months after the date on which the President makes the determination that the disaster referred to in subsection (a) has occurred; and
(2) the claimant furnishes proof to the satisfaction of the Secretary that—
(A) he was not indemnified by any valid claim of insurance or otherwise in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes covered by the claim, and
(B) he is entitled to payment under this section.
Claims under this section shall be filed under such regulations as the Secretary shall prescribe.
(c) Destruction of tobacco products or cigarette papers or tubes Before the Secretary makes payment under this section in respect of the tax, or tax and duty, on the tobacco products or cigarette papers or tubes condemned by a duly authorized official or rendered unmarketable, such tobacco products or cigarette papers or tubes shall be destroyed under such supervision as the Secretary may prescribe, unless such tobacco products or cigarette papers or tubes were previously destroyed under supervision satisfactory to the Secretary.
(d) Other laws applicable All provisions of law, including penalties, applicable in respect of internal revenue taxes on tobacco products and cigarette papers and tubes 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, § 202, Sept. 2, 1958, 72 Stat. 1420; amended Pub. L. 91606, title III, § 301(j), Dec. 31, 1970, 84 Stat. 1759; Pub. L. 93288, title VII, § 702(j), formerly title VI, § 602(j), May 22, 1974, 88 Stat. 164, renumbered title VII, § 702(j), 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. 100707, title I, § 109(l), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 108311, title IV, § 408(a)(7)(E), 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. (a), 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.
Amendments2004—Subsec. (a). Pub. L. 108311 inserted “Robert T. Stafford” before “Disaster Relief and Emergency Assistance Act”. 1988—Subsec. (a). Pub. L. 100707 substituted “and Emergency Assistance Act” for “Act of 1974”. 1976—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 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 Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as a note under section 5001 of this title.
Losses of Tobacco Products Caused by DisasterPub. L. 85859, title II, § 209, Sept. 2, 1958, 72 Stat. 1434, authorized payments, without interest, of amounts equal to internal revenue taxes and customs duties paid by persons suffering a major disaster, pursuant to former act Sept. 30, 1950, ch. 1125, 64 Stat. 1109, for disasters occurring in the United States after Dec. 31, 1954, and before Sept. 2, 1958, in respect to tobacco products and cigarette papers and tubes; specified persons to whom the payments would be made and the procedure for allowance of claims; required the destruction of such tobacco products and cigarette papers and tubes under supervision; and made other laws applicable to such payments insofar as not inconsistent with section 209 of Pub. L. 85859.
@@ -0,0 +1,53 @@
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# 26 U.S.C. § 5711 - Bond
## Text
(a) When required Every person, before commencing business as a manufacturer of tobacco products or cigarette papers and tubes, or as an export warehouse proprietor, shall file such bond, conditioned upon compliance with this chapter and regulations issued thereunder, in such form, amount, and manner as the Secretary shall by regulation prescribe. A new or additional bond may be required whenever the Secretary considers such action necessary for the protection of the revenue.
(b) Approval or disapproval No person shall engage in such business until he receives notice of approval of such bond. A bond may be disapproved, upon notice to the principal on the bond, if the Secretary determines that the bond is not adequate to protect the revenue.
(c) Cancellation Any bond filed hereunder may be canceled, upon notice to the principal on the bond, whenever the Secretary determines that the bond no longer adequately protects the revenue.
(Aug. 16, 1954, ch. 736, 68A Stat. 711; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1421; Pub. L. 8944, title V, § 502(b)(6), June 21, 1965, 79 Stat. 151; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1965—Subsec. (a). Pub. L. 8944 struck out reference to dealers in tobacco materials. 1958—Subsec. (a). Pub. L. 85859 included export warehouse proprietors, and substituted “manufacturer of tobacco products or cigarette papers and tubes” for “manufacturer of articles”.
Statutory Notes and Related Subsidiaries
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after January 1, 1966, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
Transitional RulePub. L. 1113, title VII, § 702(g), Feb. 4, 2009, 123 Stat. 111, provided that: “Any person who— “(1) on April 1, 2009[,] is engaged in business as a manufacturer of processed tobacco or as an importer of processed tobacco, and “(2) before the end of the 90-day period beginning on such date, submits an application under subchapter B of chapter 52 of such Code [this subchapter] to engage in such business, may, notwithstanding such subchapter B, continue to engage in such business pending final action on such application. Pending such final action, all provisions of such chapter 52 [this chapter] shall apply to such applicant in the same manner and to the same extent as if such applicant were a holder of a permit under such chapter 52 to engage in such business.”
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# 26 U.S.C. § 5712 - Application for permit
## Text
Every person, before commencing business as a manufacturer or importer of tobacco products or processed tobacco or as an export warehouse proprietor, and at such other time as the Secretary shall by regulation prescribe, shall make application for the permit provided for in section 5713. The application shall be in such form as the Secretary shall prescribe and shall set forth, truthfully and accurately, the information called for on the form. Such application may be rejected and the permit denied if the Secretary, after notice and opportunity for hearing, find that—
(1) the premises on which it is proposed to conduct the business are not adequate to protect the revenue;
(2) the activity proposed to be carried out at such premises does not meet such minimum capacity or activity requirements as the Secretary may prescribe,11 So in original. The comma probably should be a semicolon. or
(3) such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner)—
(A) is, by reason of his business experience, financial standing, or trade connections or by reason of previous or current legal proceedings involving a felony violation of any other provision of Federal criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, not likely to maintain operations in compliance with this chapter,
(B) has been convicted of a felony violation of any provision of Federal or State criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, or
(C) has failed to disclose any material information required or made any material false statement in the application therefor.
(Aug. 16, 1954, ch. 736, 68A Stat. 712; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1421; Pub. L. 94455, title XIX, §§ 1905(a)(27), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1821, 1834; Pub. L. 10533, title IX, § 9302(h)(2)(A), (5), Aug. 5, 1997, 111 Stat. 674; Pub. L. 1113, title VII, § 702(a)(1)(A), (b)(1), Feb. 4, 2009, 123 Stat. 108, 109.)
## Notes
Editorial Notes
Amendments2009—Pub. L. 1113, § 702(a)(1)(A), inserted “or processed tobacco” after “tobacco products” in introductory provisions. Par. (3). Pub. L. 1113, § 702(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “such person (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 has failed to disclose any material information required or made any material false statement in the application therefor.” 1997—Pub. L. 10533, § 9302(h)(5), struck out “or” at end of par. (1), added par. (2), and redesignated former par. (2) as (3). Pub. L. 10533, § 9302(h)(2)(A), inserted “or importer” after “manufacturer” in introductory provisions. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” and struck out provision that no person subject to this section, who was lawfully engaged in business on the date of the enactment of the Excise Tax Technical Changes Act of 1958, be denied the right to carry on that business pending reasonable opportunity to make applications for permit and final action thereon. 1958—Pub. L. 85859 included export warehouse proprietors, and excluded dealers in tobacco materials.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by section 702(a)(1)(A) of Pub. L. 1113 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 1113, set out as a note under section 5702 of this title. Pub. L. 1113, title VII, § 702(b)(3), Feb. 4, 2009, 123 Stat. 110, provided that: “The amendments made by this subsection [amending this section and section 5713 of this title] shall take effect on the date of the enactment of this Act [Feb. 4, 2009].”
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(a)(27) 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 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
@@ -0,0 +1,67 @@
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# 26 U.S.C. § 5713 - Permit
## Text
(a) Issuance A person shall not engage in business as a manufacturer or importer of tobacco products or processed tobacco or as an export warehouse proprietor without a permit to engage in such business. Such permit, conditioned upon compliance with this chapter and regulations issued thereunder, shall be issued in such form and in such manner as the Secretary shall by regulation prescribe, to every person properly qualified under sections 5711 and 5712. A new permit may be required at such other time as the Secretary shall by regulation prescribe.
(b) Suspension or revocation (1) Show cause hearing If the Secretary has reason to believe that any person holding a permit—
(A) has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud,
(B) has violated the conditions of such permit,
(C) has failed to disclose any material information required or made any material false statement in the application for such permit,
(D) has failed to maintain his premises in such manner as to protect the revenue,
(E) is, by reason of previous or current legal proceedings involving a felony violation of any other provision of Federal criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes, not likely to maintain operations in compliance with this chapter, or
(F) has been convicted of a felony violation of any provision of Federal or State criminal law relating to tobacco products, processed tobacco, cigarette paper, or cigarette tubes,
the Secretary shall issue an order, stating the facts charged, citing such person to show cause why his permit should not be suspended or revoked.
(2) Action following hearing If, after hearing, the Secretary finds that such person has not shown cause why his permit should not be suspended or revoked, such permit shall be suspended for such period as the Secretary deems proper or shall be revoked.
(Aug. 16, 1954, ch. 736, 68A Stat. 712; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1421; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 10533, title IX, § 9302(h)(2)(A), Aug. 5, 1997, 111 Stat. 674; Pub. L. 1113, title VII, § 702(a)(1)(B), (b)(2), Feb. 4, 2009, 123 Stat. 108, 109.)
## Notes
Editorial Notes
Amendments2009—Subsec. (a). Pub. L. 1113, § 702(a)(1)(B), inserted “or processed tobacco” after “tobacco products”. Subsec. (b). Pub. L. 1113, § 702(b)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “If the Secretary has reason to believe that any person holding a permit has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud, or has violated the conditions of such permit, or has failed to disclose any material information required or made any material false statement in the application for such permit, or has failed to maintain his premises in such manner as to protect the revenue, the Secretary shall issue an order, stating the facts charged, citing such person to show cause why his permit should not be suspended or revoked. If, after hearing, the Secretary finds that such person has not in good faith complied with this chapter or with any other provision of this title involving intent to defraud, has violated the conditions of such permit, has failed to disclose any material information required or made any material false statement in the application therefor, or has failed to maintain his premises in such manner as to protect the revenue, such permit shall be suspended for such period as the Secretary deems proper or shall be revoked.” 1997—Subsec. (a). Pub. L. 10533 inserted “or importer” after “manufacturer”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1958—Subsec. (a). Pub. L. 85859 substituted “manufacturer of tobacco products” for “manufacturer of articles”, included export warehouse proprietors, and struck out provisions which related to dealers in tobacco materials. Subsecs. (b), (c). Pub. L. 85859 redesignated subsec. (c) as (b) and struck out former subsec. (b) that required permits to be posted.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by section 702(b)(2) of Pub. L. 1113 effective Feb. 4, 2009, see section 702(b)(3) of Pub. L. 1113, set out as a note under section 5712 of this title. Amendment by section 702(a)(1)(B) of Pub. L. 1113 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 1113, set out as a note under section 5702 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
@@ -0,0 +1,49 @@
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# 26 U.S.C. § 5721 - Inventories
## Text
Every manufacturer or importer of tobacco products, processed tobacco, or cigarette papers and tubes, and every export warehouse proprietor, shall make a true and accurate inventory at the time of commencing business, at the time of concluding business, and at such other times, in such manner and form, and to include such items, as the Secretary shall by regulation prescribe. Such inventories shall be subject to verification by any internal revenue officer.
(Aug. 16, 1954, ch. 736, 68A Stat. 713; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1422; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 10533, title IX, § 9302(h)(2)(A), Aug. 5, 1997, 111 Stat. 674; Pub. L. 1113, title VII, § 702(a)(2)(A), Feb. 4, 2009, 123 Stat. 108.)
## Notes
Editorial Notes
Amendments2009—Pub. L. 1113 inserted “, processed tobacco,” after “tobacco products”. 1997—Pub. L. 10533 inserted “or importer” after “manufacturer”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1958—Pub. L. 85859 substituted “manufacturer of tobacco products or cigarette papers and tubes” for “manufacturer of articles” and “internal revenue officer” for “revenue officer”, and inserted provisions to include export warehouse proprietors.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 1113 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 1113, set out as a note under section 5702 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5722 - Reports
## Text
Every manufacturer or importer of tobacco products, processed tobacco, or cigarette papers and tubes, and every export warehouse proprietor, shall make reports containing such information, in such form, at such times, and for such periods as the Secretary shall by regulation prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 713; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1422; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 10533, title IX, § 9302(h)(2)(A), Aug. 5, 1997, 111 Stat. 674; Pub. L. 1113, title VII, § 702(a)(2)(B), Feb. 4, 2009, 123 Stat. 108.)
## Notes
Editorial Notes
Amendments2009—Pub. L. 1113 inserted “, processed tobacco,” after “tobacco products”. 1997—Pub. L. 10533 inserted “or importer” after “manufacturer”. 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1958—Pub. L. 85859 substituted “manufacturer of tobacco products or cigarette papers and tubes, and every export warehouse proprietor” for “manufacturer of articles”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 1113 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 1113, set out as a note under section 5702 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5723 - Packages, marks, labels, and notices
## Text
(a) Packages All tobacco products, processed tobacco, and cigarette papers and tubes shall, before removal, be put up in such packages as the Secretary shall by regulation prescribe.
(b) Marks, labels, and notices Every package of tobacco products, processed tobacco, or cigarette papers or tubes shall, before removal, bear the marks, labels, and notices if any, that the Secretary by regulation prescribes.
(c) Lottery features No certificate, coupon, or other device purporting to be or to represent a ticket, chance, share, or an interest in, or dependent on, the event of a lottery shall be contained in, attached to, or stamped, marked, written, or printed on any package of tobacco products, processed tobacco, or cigarette papers or tubes.
(d) Indecent or immoral material prohibited No indecent or immoral picture, print, or representation shall be contained in, attached to, or stamped, marked, written, or printed on any package of tobacco products, processed tobacco, or cigarette papers or tubes.
(e) Exceptions Tobacco products furnished by manufacturers of such products for use or consumption by their employees, or for experimental purposes, and tobacco products, processed tobacco, and cigarette papers and tubes transferred to the bonded premises of another manufacturer or export warehouse proprietor or released in bond from customs custody for deliver to a manufacturer of tobacco products, processed tobacco, or cigarette papers and tubes, may be exempted from subsection (a) and (b) in accordance with such regulations as the Secretary shall prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 713; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1422; Pub. L. 94455, title XIX, §§ 1905(a)(28), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1821, 1834; Pub. L. 1113, title VII, § 702(a)(2)(C), Feb. 4, 2009, 123 Stat. 108.)
## Notes
Editorial Notes
Amendments2009—Pub. L. 1113 inserted “, processed tobacco,” after “tobacco products” wherever appearing. 1976—Pub. L. 94455, § 1905(a)(28)(A), substituted “and notices” for “notices, and stamps” in section catchline. Subsecs. (a), (e). Pub. L. 94455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (b). Pub. L. 94455, §§ 1905(a)(28)(B), 1906(b)(13)(A), struck out references to stamps in heading and in text and struck out “or his delegate” after “Secretary”. 1958—Subsec. (a). Pub. L. 85859 substituted “Packages” for “Packages, labels, notices, and stamps” in heading, and substituted “All tobacco products and cigarette papers and tubes shall, before removal, be put up in such packages as” for “All articles shall, before removal, be put up in packages having such labels, notices, and stamps as” in text. Subsec. (b). Pub. L. 85859 added subsec. (b) and redesignated former subsec. (b) as (c). Subsec. (c). Pub. L. 85859 redesignated former subsec. (b) as (c) and substituted “tobacco products or cigarette papers or tubes” for “articles”. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 85859 redesignated former subsec. (c) as (d) and substituted “tobacco products or cigarette papers or tubes” for “articles”. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 85859 redesignated former subsec. (d) as (e), and permitted exemption of tobacco products and cigarette papers and tubes transferred to the bonded premises of another manufacturer or export warehouse proprietor or released in bond from customs custody for delivery to a manufacturer of tobacco products or cigarette papers and tubes, and eliminated provisions which authorized exemption of articles removed for shipment to a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States, and so shipped.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 1113 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 1113, set out as a note under section 5702 of this title.
Effective Date of 1976 AmendmentAmendment by section 1905(a)(28) 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 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5731 - Imposition and rate of tax
## Text
(a) General rule Every person engaged in business as—
(1) a manufacturer of tobacco products,
(2) a manufacturer of cigarette papers and tubes, or
(3) an export warehouse proprietor,
shall pay a tax of $1,000 per year in respect of each premises at which such business is carried on.
(b) Reduced rates for small proprietors (1) In general Subsection (a) shall be applied by substituting “$500” for “$1,000” with respect to any taxpayer the gross receipts of which (for the most recent taxable year ending before the 1st day of the taxable period to which the tax imposed by subsection (a) relates) are less than $500,000.
(2) Controlled group rules All persons treated as 1 taxpayer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1).
(3) Certain rules to apply For purposes of paragraph (1), rules similar to the rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply.
(c) Penalty for failure to register Any person engaged in a business referred to in subsection (a) who willfully fails to pay the tax imposed by subsection (a) shall be fined not more than $5,000, or imprisoned not more than 2 years, or both, for each such offense.
(Added Pub. L. 100203, title X, § 10512(f)(1), Dec. 22, 1987, 101 Stat. 1330449; amended Pub. L. 10959, title XI, § 11125(b)(20)(E), Aug. 10, 2005, 119 Stat. 1957.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5731, acts Aug. 16, 1954, ch. 736, 68A Stat. 714; Sept. 2, 1958, Pub. L. 85859, title II, § 202, 72 Stat. 1423, restricted shipment and delivery of tobacco materials to shipment and delivery pursuant to regulations, prior to repeal by Pub. L. 8944, title V, § 502(b)(7), title VII, § 701(d), June 21, 1965, 79 Stat. 151, 157, applicable on and after Jan. 1, 1966.
Amendments2005—Subsecs. (c), (d). Pub. L. 10959 redesignated subsec. (d) as (c) and struck out former subsec. (c). Text read as follows: “Rules similar to the rules of subpart G of part II of subchapter A of chapter 51 shall apply for purposes of this section.”
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 DateSection effective Jan. 1, 1988, see section 10512(h) of Pub. L. 100203, set out as an Effective Date of 1987 Amendment note under section 5111 of this title.
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# 26 U.S.C. § 5732 - Payment of tax
## Text
(a) Condition precedent to carrying on business No person shall be engaged in or carry on any trade or business subject to tax under this subchapter until he has paid the special tax therefor.
(b) Computation All special taxes under this subchapter shall be imposed as of on the first day of July in each year, or on commencing any trade or business on which such tax is imposed. In the former case the tax shall be reckoned for 1 year, and in the latter case it shall be reckoned proportionately, from the first day of the month in which the liability to a special tax commenced, to and including the 30th day of June following.
(c) How paid (1) Payment by return The special taxes imposed by this subchapter shall be paid on the basis of a return under such regulations as the Secretary shall prescribe.
(2) Stamp denoting payment of tax After receiving a properly executed return and remittance of any special tax imposed by this subchapter, the Secretary shall issue to the taxpayer an appropriate stamp as a receipt denoting payment of the tax. This paragraph shall not apply in the case of a return covering liability for a past period.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1346, § 5142; amended Pub. L. 94455, title XIX, § 1905(a)(12), Oct. 4, 1976, 90 Stat. 1820; renumbered § 5732 and amended Pub. L. 10959, title XI, § 11125(b)(20)(A), (B), Aug. 10, 2005, 119 Stat. 1956; Pub. L. 110172, § 11(a)(32), Dec. 29, 2007, 121 Stat. 2487.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5732, acts Aug. 16, 1954, ch. 736, 68A Stat. 714; Sept. 2, 1958, Pub. L. 85859, title II, § 202, 72 Stat. 1423, required that a dealer in tobacco materials make a statement of shipments and deliveries or give an inventory upon demand, prior to repeal by Pub. L. 8944, title V, § 502(b)(7), title VII, § 701(d), June 21, 1965, 79 Stat. 151, 157, applicable on and after Jan. 1, 1966.
Amendments2007—Subsec. (c)(2). Pub. L. 110172, which directed amendment of section 5732 of this title, as redesignated by Pub. L. 10959, § 11125(b)(20)(A), by substituting “this subchapter” for “this subpart” in subsec. (c)(2) effective Dec. 29, 2007, was executed to this section to reflect the probable intent of Congress even though the redesignation of section 5142 of this title as this section was not effective until July 1, 2008. See 2005 Amendment and Effective Date of 2005 Amendment notes below. 2005—Pub. L. 10959, § 11125(b)(20)(A), renumbered section 5142 of this title as this section and transferred section to this subchapter. Subsecs. (a), (b). Pub. L. 10959, § 11125(b)(20)(B), struck out “(except the tax imposed by section 5131)” before “until he has paid” in subsec. (a) and before “shall be imposed” in subsec. (b). Pub. L. 10959, § 11125(b)(20)(A), substituted “this subchapter” for “this part”. Subsec. (c)(1). Pub. L. 10959, § 11125(b)(20)(A), substituted “this subchapter” for “this part”. 1976—Subsec. (c). Pub. L. 94455 substituted provisions under which the special taxes would be paid on the basis of a return for provisions under which the special taxes were paid by stamps denoting the 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 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. § 5733 - Provisions relating to liability for occupational taxes
## Text
(a) Partners Any number of persons doing business in partnership at any one place shall be required to pay but one special tax.
(b) Different businesses of same ownership and location Whenever more than one of the pursuits or occupations described in this subchapter are carried on in the same place by the same person at the same time, except as otherwise provided in this subchapter, the tax shall be paid for each according to the rates severally prescribed.
(c) Businesses in more than one location (1) Liability for tax The payment of a special tax imposed by this subchapter shall not exempt from an additional special tax the person carrying on a trade or business in any other place than that stated in the register kept in the office of the official in charge of the internal revenue district.
(2) Storage Nothing contained in paragraph (1) shall require a special tax for the storage of tobacco products and cigarette papers and tubes at a location other than the place where tobacco products and cigarette papers and tubes are sold or offered for sale.
(3) Definition of place The term “place” as used in this section means the entire office, plant or area of the business in any one location under the same proprietorship; and passageways, streets, highways, rail crossings, waterways, or partitions dividing the premises, shall not be deemed sufficient separation to require additional special tax, if the various divisions are otherwise contiguous.
(d) Death or change of location Certain persons, other than the person who has paid the special tax under this subchapter for the carrying on of any business at any place, may secure the right to carry on, without incurring additional special tax, the same business at the same place for the remainder of the taxable period for which the special tax was paid. The persons who may secure such right are:
(1) the surviving spouse or child, or executor or administrator or other legal representative, of a deceased taxpayer;
(2) a husband or wife succeeding to the business of his or her living spouse;
(3) a receiver or trustee in bankruptcy, or an assignee for benefit of creditors; and
(4) the partner or partners remaining after death or withdrawal of a member of a partnership.
When any person moves to any place other than the place for which special tax was paid for the carrying on of any business, he may secure the right to carry on, without incurring additional special tax, the same business at his new location for the remainder of the taxable period for which the special tax was paid. To secure the right to carry on the business without incurring additional special tax, the successor, or the person relocating his business, must register the succession or relocation with the Secretary in accordance with regulations prescribed by the Secretary.
(e) Federal agencies or instrumentalities Any tax imposed by this subchapter shall apply to any agency or instrumentality of the United States unless such agency or instrumentality is granted by statute a specific exemption from such tax.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1347, § 5143; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; renumbered § 5733 and amended Pub. L. 10959, title XI, § 11125(b)(20)(A), (C), Aug. 10, 2005, 119 Stat. 1956, 1957.)
## Notes
Editorial Notes
Amendments2005—Pub. L. 10959, § 11125(b)(20)(A), renumbered section 5143 of this title as this section, transferred section to this subchapter, and substituted “this subchapter” for “this part” wherever appearing. Subsec. (c)(2). Pub. L. 10959, § 11125(b)(20)(C), substituted “tobacco products and cigarette papers and tubes” for “liquors” in two places. 1976—Subsec. (d)(4). 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.
@@ -0,0 +1,45 @@
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# 26 U.S.C. § 5734 - Application of State laws
## Text
The payment of any tax imposed by this subchapter for carrying on any trade or business shall not be held to exempt any person from any penalty or punishment provided by the laws of any State for carrying on such trade or business within such State, or in any manner to authorize the commencement or continuance of such trade or business contrary to the laws of such State or in places prohibited by municipal law; nor shall the payment of any such tax be held to prohibit any State from placing a duty or tax on the same trade or business, for State or other purposes.
(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1348, § 5145; renumbered § 5734 and amended Pub. L. 10959, title XI, § 11125(b)(20)(A), Aug. 10, 2005, 119 Stat. 1956.)
## Notes
Editorial Notes
Amendments2005—Pub. L. 10959 renumbered section 5145 of this title as this section, transferred section to this subchapter, and substituted “this subchapter” for “this part” in text.
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. § 5741 - Records to be maintained
## Text
Every manufacturer of tobacco products, processed tobacco, or cigarette papers and tubes, every importer, and every export warehouse proprietor shall keep such records in such manner as the Secretary shall by regulation prescribe. The records required under this section shall be available for inspection by any internal revenue officer during business hours.
(Aug. 16, 1954, ch. 736, 68A Stat. 715; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1423; Pub. L. 8944, title V, § 502(b)(9), June 21, 1965, 79 Stat. 151; Pub. L. 94455, title XXI, § 2128(c), Oct. 4, 1976, 90 Stat. 1921; Pub. L. 1113, title VII, § 702(a)(3), Feb. 4, 2009, 123 Stat. 108.)
## Notes
Editorial Notes
Amendments2009—Pub. L. 1113 inserted “, processed tobacco,” after “tobacco products”. 1976—Pub. L. 94455 inserted reference to importers, struck out “or his delegate” after “Secretary”, and provided that the required records be available for inspection by any internal revenue officer during business hours. 1965—Pub. L. 8944 struck out reference to every dealer in tobacco materials. 1958—Pub. L. 85859 substituted “tobacco products or cigarette papers and tubes, every warehouse proprietor, and every dealer” for “articles and dealer”, and “such manner” for “such form”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 1113 effective Apr. 1, 2009, see section 702(a)(6) of Pub. L. 1113, set out as a note under section 5702 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after January 1, 1966, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5751 - Purchase, receipt, possession, or sale of tobacco products and cigarette papers and tubes, after removal
## Text
(a) Restriction No person shall—
(1) with intent to defraud the United States, purchase, receive, possess, offer for sale, or sell or otherwise dispose of, after removal, any tobacco products or cigarette papers or tubes—
(A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder; or
(B) which, after removal without payment of tax pursuant to section 5704, have been diverted from the applicable purpose or use specified in that section; or
(2) with intent to defraud the United States, purchase, receive, possess, offer for sale, or sell or otherwise dispose of, after removal, any tobacco products or cigarette papers or tubes, which are not put up in packages as required under section 5723 or which are put up in packages not bearing the marks, labels, and notices, as required under such section; or
(3) otherwise than with intent to defraud the United States, purchase, receive, possess, offer for sale, or sell or otherwise dispose of, after removal, any tobacco products or cigarette papers or tubes, which are not put up in packages as required under section 5723 or which are put up in packages not bearing the marks, labels, and notices, as required under such section. This paragraph shall not prevent the sale or delivery of tobacco products or cigarette papers or tubes directly to consumers from proper packages, nor apply to such articles when so sold or delivered.
(b) Liability to tax Any person who possesses tobacco products or cigarette papers or tubes in violation of subsection (a)(1) or (a)(2) shall be liable for a tax equal to the tax on such articles.
(Aug. 16, 1954, ch. 736, 68A Stat. 716; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1424; Pub. L. 94455, title XIX, § 1905(b)(7)(A), Oct. 4, 1976, 90 Stat. 1823.)
## Notes
Editorial Notes
Amendments1976—Subsec. (a)(2), (3). Pub. L. 94455 substituted “and notices” for “notices, and stamps”. 1958—Pub. L. 85859 substituted “tobacco products and cigarette papers and tubes, after removal” for “articles, after removal, not exempt from tax” in section catchline. Subsec. (a) amended generally by Pub. L. 85859, which included within the restrictions, purchase, receipt, possession, offer for sale, or sale of other disposition of tobacco products or cigarette papers or tubes, after removal, upon which the tax has not been paid or determined, or which after removal without payment of tax have been diverted from the applicable purpose or use specified in section 5704, and to provide that par. (3) shall not prevent the delivery of tobacco products or cigarette papers or tubes directly to consumers from proper packages, nor apply to such articles when so delivered. Subsec. (b). Pub. L. 85859 substituted “tobacco products or cigarette papers or tubes in violation of subsection (a)(1) or (a)(2) shall be liable for a tax equal to the tax on such articles” or “articles in violation of subsection (a) of this section, shall incur liability to the tax thereon in addition to the penalties prescribed elsewhere in this title”.
Statutory Notes and Related Subsidiaries
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 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5752 - Restrictions relating to marks, labels, notices, and packages
## Text
No person shall, with intent to defraud the United States, destroy, obliterate, or detach any mark, label, or notice prescribed or authorized, by this chapter or regulations thereunder, to appear on, or be affixed to, any package of tobacco products or cigarette papers or tubes, before such package is emptied.
(Aug. 16, 1954, ch. 736, 68A Stat. 716; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1424; Pub. L. 94455, title XIX, § 1905(b)(7)(B)(i), Oct. 4, 1976, 90 Stat. 1823.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out reference to stamps in the section catchline and in the text and struck out provisions which had enumerated violations involving the misuse of tax stamps. 1958—Pub. L. 85859 included marks and notices in the catchline, limited the penalties to cases where there is intent to defraud the United States, and prohibited the destruction, obliteration, or detachment of any mark, label, notice or stamp before a package of tobacco products or cigarette papers or tubes is emptied.
Statutory Notes and Related Subsidiaries
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 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5753 - Disposal of forfeited, condemned, and abandoned tobacco products, and cigarette papers and tubes
## Text
If it appears that any forfeited, condemned, or abandoned tobacco products, or cigarette papers and tubes, when offered for sale, will not bring a price equal to the tax due and payable thereon, and the expenses incident to the sale thereof, such articles shall not be sold for consumption in the United States but shall be disposed of in accordance with such regulations as the Secretary shall prescribe.
(Aug. 16, 1954, ch. 736, 68A Stat. 716; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1425; Pub. L. 8944, title V, § 502(b)(11), June 21, 1965, 79 Stat. 152; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1965—Pub. L. 8944 struck out references to tobacco materials wherever appearing in heading and text. 1958—Pub. L. 85859 substituted “tobacco products, cigarette papers and tubes” for “articles” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after January 1, 1966, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
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# 26 U.S.C. § 5754 - Restriction on importation of previously exported tobacco products
## Text
(a) Export-labeled tobacco products (1) In general Tobacco products and cigarette papers and tubes manufactured in the United States and labeled for exportation under this chapter—
(A) may be transferred to or removed from the premises of a manufacturer or an export warehouse proprietor only if such articles are being transferred or removed without tax in accordance with section 5704;
(B) may be imported or brought into the United States, after their exportation, only if such articles either are eligible to be released from customs custody with the partial duty exemption provided in section 5704(d) or are returned to the original manufacturer of such article as provided in section 5704(c); and
(C) may not be sold or held for sale for domestic consumption in the United States unless such articles are removed from their export packaging and repackaged by the original manufacturer into new packaging that does not contain an export label.
(2) Alterations by persons other than original manufacturer This section shall apply to articles labeled for export even if the packaging or the appearance of such packaging to the consumer of such articles has been modified or altered by a person other than the original manufacturer so as to remove or conceal or attempt to remove or conceal (including by the placement of a sticker over) any export label.
(3) Exports include shipments to Puerto Rico For purposes of this section, section 5704(d), section 5761, and such other provisions as the Secretary may specify by regulations, references to exportation shall be treated as including a reference to shipment to the Commonwealth of Puerto Rico.
(b) Export label For purposes of this section, an article is labeled for export or contains an export label if it bears the mark, label, or notice required under section 5704(b).
(c) Cross references (1) For exception to this section for personal use, see section 5761(d).
(2) For civil penalties related to violations of this section, see section 5761(c).
(3) For a criminal penalty applicable to any violation of this section, see section 5762(b).
(4) For forfeiture provisions related to violations of this section, see section 5761(c).
(Added Pub. L. 10533, title IX, § 9302(h)(1)(E)(i), Aug. 5, 1997, 111 Stat. 673; amended Pub. L. 106476, title IV, § 4002(a), Nov. 9, 2000, 114 Stat. 2176; Pub. L. 109432, div. C, title IV, § 401(f)(2)(B), Dec. 20, 2006, 120 Stat. 3050.)
## Notes
Editorial Notes
Amendments2006—Subsec. (c)(1). Pub. L. 109432 substituted “5761(d)” for “5761(c)”. 2000—Pub. L. 106476 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “(a) In General.—Tobacco products and cigarette papers and tubes previously exported from the United States may be imported or brought into the United States only as provided in section 5704(d). For purposes of this section, section 5704(d), section 5761, and such other provisions as the Secretary may specify by regulations, references to exportation shall be treated as including a reference to shipment to the Commonwealth of Puerto Rico. “(b) Cross Reference.— “For penalty for the sale of tobacco products and cigarette papers and tubes in the United States which are labeled for export, see section 5761(c).”
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by Pub. L. 109432 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 20, 2006, see section 401(g) of Pub. L. 109432, set out as a note under section 1681 of Title 19, Customs Duties.
Effective Date of 2000 AmendmentAmendment by Pub. L. 106476 effective 90 days after Nov. 9, 2000, see section 4002(d) of Pub. L. 106476, set out as a note under section 5704 of this title.
Effective DateSection applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as an Effective Date of 1997 Amendment note under section 5701 of this title.
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# 26 U.S.C. § 5762 - Criminal penalties
## Text
(a) Fraudulent offenses Whoever, with intent to defraud the United States—
(1) Engaging in business unlawfully Engages in business as a manufacturer or importer of tobacco products or cigarette papers and tubes, or as an export warehouse proprietor, without filing the bond and obtaining the permit where required by this chapter or regulations thereunder; or
(2) Failing to furnish information or furnishing false information Fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter or regulations thereunder; or
(3) Refusing to pay or evading tax Refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof; or
(4) Removing tobacco products or cigarette papers or tubes unlawfully Removes, contrary to this chapter or regulations thereunder, any tobacco products or cigarette papers or tubes subject to tax under this chapter; or
(5) Purchasing, receiving, possessing, or selling tobacco products or cigarette papers or tubes unlawfully Violates any provision of section 5751(a)(1) or (a)(2); or
(6) Destroying, obliterating, or detaching marks, labels, or notices before packages are emptied Violates any provision of section 5752;
shall, for each such offense, be fined not more than $10,000, or imprisoned not more than 5 years, or both.
(b) Other offenses Whoever, otherwise than as provided in subsection (a), violates any provision of this chapter, or of regulations prescribed thereunder, shall, for each such offense, be fined not more than $1,000, or imprisoned not more than 1 year, or both.
(Aug. 16, 1954, ch. 736, 68A Stat. 717; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1425; Pub. L. 8944, title V, § 502(b)(12), June 21, 1965, 79 Stat. 152; Pub. L. 94455, title XIX, § 1905(b)(7)(B)(ii), Oct. 4, 1976, 90 Stat. 1823; Pub. L. 10533, title IX, § 9302(h)(2)(A), Aug. 5, 1997, 111 Stat. 674.)
## Notes
Editorial Notes
Amendments1997—Subsec. (a)(1). Pub. L. 10533 inserted “or importer” after “manufacturer”. 1976—Subsec. (a)(6). Pub. L. 94455 redesignated par. (7) as (6), and in par. (6) as so redesignated substituted “or notices” for “notices, or stamps” and “section 5752;” for “section 5752(a); or”. Former par. (6), relating to the affixing of improper stamps, was struck out. Subsec. (a)(7). Pub. L. 94455 redesignated par. (7) as (6). Subsec. (a)(8) to (11). Pub. L. 94455 struck out pars. (8) to (11) which related to emptying packages without destroying stamps, possessing emptied packages bearing stamps, refilling packages bearing stamps, and detaching stamps or possessing used stamps. 1965—Subsec. (a)(1). Pub. L. 8944, § 502(b)(12)(A), struck out reference to a dealer in tobacco materials. Subsec. (a)(2). Pub. L. 8944, § 502(b)(12)(B), struck out reference to statements. 1958—Subsec. (a). Pub. L. 85859 included export warehouse proprietors in par. (1), struck out provisions in pars. (6) and (9) to (11) which related to labels and notices, and added pars. (7) and (8).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 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 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after January 1, 1966, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.
@@ -0,0 +1,59 @@
---
type: "LegalText"
title: "26 U.S.C. § 5763"
description: "Forfeitures"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
chapter_number: "52"
chapter_name: "TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES"
section: "5763"
citation: "26 U.S.C. § 5763"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip"
source_identifier: "/us/usc/t26/s5763"
source_file: "data/legal/raw/us/code/title-26/usc26.xml"
source_hash: "54b3f1f7292b1a61af1527ea3c54fd254cf0de8be4e8d18112737a913631fb53"
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text_hash: "3ee2eb449137433fe842fba34653e4e473725c0b1613b78fc82be5580fb8a807"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 26 U.S.C. § 5763 - Forfeitures
## Text
(a) Tobacco products and cigarette papers and tubes unlawfully possessed (1) Tobacco products and cigarette papers and tubes possessed with intent to defraud All tobacco products and cigarette papers and tubes which, after removal, are possessed with intent to defraud the United States shall be forfeited to the United States.
(2) Tobacco products and cigarette papers and tubes not property packaged All tobacco products and cigarette papers and tubes not in packages as required under section 5723 or which are in packages not bearing the marks, labels, and notices, as required under such section, which, after removal, are possessed otherwise than with intent to defraud the United States, shall be forfeited to the United States. This paragraph shall not apply to tobacco products or cigarette papers or tubes sold or delivered directly to consumers from proper packages.
(b) Personal property of qualified manufacturers, qualified importers, and export warehouse proprietors, acting with intent to defraud All tobacco products and cigarette papers and tubes, packages, machinery, fixtures, equipment, and all other materials and personal property on the premises of any qualified manufacturer or importer of tobacco products or cigarette papers and tubes, or export warehouse proprietor, who, with intent to defraud the United States, fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter; or refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof; or removes, contrary to any provision of this chapter, any article subject to tax under this chapter, shall be forfeited to the United States.
(c) Real and personal property of illicit operators All tobacco products, cigarette papers and tubes, machinery, fixtures, equipment, and other materials and personal property on the premises of any person engaged in business as a manufacturer or importer of tobacco products or cigarette papers and tubes, or export warehouse proprietor, without filing the bond or obtaining the permit, as required by this chapter, together with all his right, title, and interest in the building in which such business is conducted, and the lot or tract of ground on which the building is located, shall be forfeited to the United States.
(d) General All property intended for use in violating the provisions of this chapter, or regulations thereunder, or which has been so used, shall be forfeited to the United States as provided in section 7302.
(Aug. 16, 1954, ch. 736, 68A Stat. 718; Pub. L. 85859, title II, § 202, Sept. 2, 1958, 72 Stat. 1426; Pub. L. 8944, title V, § 502(b)(13), June 21, 1965, 79 Stat. 152; Pub. L. 94455, title XIX, § 1905(b)(7)(C), Oct. 4, 1976, 90 Stat. 1823; Pub. L. 10533, title IX, § 9302(h)(2)(A), (B), Aug. 5, 1997, 111 Stat. 674.)
## Notes
Editorial Notes
Amendments1997—Subsec. (b). Pub. L. 10533 inserted “qualified importers,” after “manufacturers,” in heading and “or importer” after “manufacturer” in text. Subsec. (c). Pub. L. 10533, § 9302(h)(2)(A), inserted “or importer” after “manufacturer”. 1976—Subsec. (a)(2). Pub. L. 94455, § 1905(b)(7)(C)(i), substituted “and notices” for “notices, and stamps”. Subsec. (b). Pub. L. 94455, § 1905(b)(7)(C)(ii), struck out “internal revenue stamps,” after “packages,”. 1965—Subsec. (b). Pub. L. 8944, § 502(b)(13)(A), struck out references to tobacco materials, dealers in tobacco materials, and statements. Subsec. (c). Pub. L. 8944, § 502(b)(13)(B), struck out references to tobacco materials and dealers in tobacco materials. 1958—Subsec. (a). Pub. L. 85859 substituted “tobacco products and cigarette papers and tubes” for “articles” wherever appearing and inserted provisions making par. (2) inapplicable to tobacco products or cigarette papers for tubes delivered directly to consumers from proper packages. Subsecs. (b), (c). Pub. L. 85859 included property of export warehouse proprietors. Subsec. (d). Pub. L. 85859 included property intended for use, or used, in violating regulations under this chapter.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 applicable to articles removed, as defined in section 5702(j) of this title, after Dec. 31, 1999, with transition rule, see section 9302(i) of Pub. L. 10533, set out as a note under section 5701 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 1965 AmendmentAmendment by Pub. L. 8944 applicable on and after Jan. 1, 1966, see section 701(d) of Pub. L. 8944, set out as a note under section 5701 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85859 effective on Sept. 3, 1958, see section 210(a)(1) of Pub. L. 85859, set out as an Effective Date note under section 5001 of this title.