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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 5612 Forfeiture of taxpaid distilled spirits remaining on bonded premises us united_states_code code_section 26 INTERNAL REVENUE CODE 51 DISTILLED SPIRITS, WINES, AND BEER 5612 26 U.S.C. § 5612 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s5612 data/legal/raw/us/code/title-26/usc26.xml 9f8e2111c5a6938a56634a7fa305a61838fbdf18fba9712b484235f511303ddd a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 a5c8bab6767491f79d648d2d9c1efd88a4eb987a53ef738b74d082a5b81f935a 2026-07-04 official
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26 U.S.C. § 5612 - Forfeiture of taxpaid distilled spirits remaining on bonded premises

Text

(a) General No distilled spirits on which tax has been paid or determined shall be stored or allowed to remain on the bonded premises of any distilled spirits plant, under the penalty of forfeiture of all spirits so found.

(b) Exceptions Subsection (a) shall not apply in the case of—

(1) distilled spirits in the process of prompt removal from bonded premises on payment or determination of the tax; or

(2) distilled spirits returned to bonded premises in accordance with the provisions of section 5215.

(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1404; amended Pub. L. 9639, title VIII, § 807(a)(55), July 26, 1979, 93 Stat. 289.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5612, act Aug. 16, 1954, ch. 736, 68A Stat. 685, related to penalty for using material or removing spirits without supervision, prior to the general revision of this chapter by Pub. L. 85859. See section 5687 of this title. Provisions similar to those comprising subsec. (a) of this section were contained in prior section 5625, act Aug. 16, 1954, ch. 736, 68A Stat. 688, prior to the general revision of this chapter by Pub. L. 85859.

Amendments1979—Subsec. (b). Pub. L. 9639 redesignated subpars. (2) and (3) as (1) and (2), respectively, and struck out former subpars. (1) and (4) which excepted distilled spirits which were bottled in bond under section 5233 of this title and which were returned to bonded premises for rebottling, relabeling, or restamping in accordance with subsec. (d) of section 5233, and excepted such spirits, held on bonded premises, on which the tax had become payable by operation of law, but on which the tax had not been paid.

Statutory Notes and Related Subsidiaries

Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 810 of Pub. L. 9639, set out as a note under section 5001 of this title.

Suspension of Subsection (a) During 1980Pub. L. 9639, title VIII, § 808(c)(1), July 26, 1979, 93 Stat. 291, set out as a note under section 5061 of this title, provided that subsec. (a) of this section was not to apply during 1980.