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LegalText 26 U.S.C. § 5043 Collection of taxes on wines us united_states_code code_section 26 INTERNAL REVENUE CODE 51 DISTILLED SPIRITS, WINES, AND BEER 5043 26 U.S.C. § 5043 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/s5043 data/legal/raw/us/code/title-26/usc26.xml 09f4830ff137433b544b42710e6796a3ec271005074323a887ebbac606cf91e1 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 301957dff1d3fc106668af05f55043142c1f0f0aef9f426cb52c90cfb15c9559 2026-07-04 official
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26 U.S.C. § 5043 - Collection of taxes on wines

Text

(a) Persons liable for payment The taxes on wine provided for in this subpart shall be paid—

(1) Bonded wine cellars In the case of wines removed from any bonded wine cellar, by the proprietor of such bonded wine cellar; except that—

(A) in the case of any transfer of wine in bond as authorized under the provisions of section 5362(b), the liability for payment of the tax shall become the liability of the transferee from the time of removal of the wine from the transferors premises, and the transferor shall thereupon be relieved of such liability; and

(B) in the case of any wine withdrawn by a person other than such proprietor without payment of tax as authorized under the provisions of section 5362(c), the liability for payment of the tax shall become the liability of such person from the time of the removal of the wine from the bonded wine cellar, and such proprietor shall thereupon be relieved of such liability.

(2) Foreign wine In the case of foreign wines which are not transferred to a bonded wine cellar free of tax under section 5364, by the importer thereof.

(3) Other wines Immediately, in the case of any wine produced, imported, received, removed, or possessed otherwise than as authorized by law, by any person producing, importing, receiving, removing, or possessing such wine; and all such persons shall be jointly and severally liable for such tax with each other as well as with any proprietor, transferee, or importer who may be liable for the tax under this subsection.

(b) Payment of tax The taxes on wines shall be paid in accordance with section 5061.

(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1332; amended Pub. L. 94455, title XIX, § 1905(b)(2)(C), Oct. 4, 1976, 90 Stat. 1822; Pub. L. 9639, title VIII, § 807(a)(8), July 26, 1979, 93 Stat. 281; Pub. L. 105206, title VI, § 6014(b)(1), July 22, 1998, 112 Stat. 820.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5043, act Aug. 16, 1954, ch. 736, 68A Stat. 610, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.

Amendments1998—Subsec. (a)(2). Pub. L. 105206 inserted “which are not transferred to a bonded wine cellar free of tax under section 5364” after “foreign wines”. 1979—Subsec. (a)(1)(A). Pub. L. 9639 struck out “between bonded wine cellars” after “transfer of wine in bond”. 1976—Subsec. (b). Pub. L. 94455 substituted “The taxes” for “Except as provided in subsection (a)(3), the taxes”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 AmendmentAmendment by Pub. L. 105206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 10534, to which such amendment relates (see section 1422(c) of Pub. L. 10534 set out as an Effective Date note under section 5364 of this title), see section 6024 of Pub. L. 105206, set out as a note under section 1 of this title.

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

Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94455, set out as a note under section 5005 of this title.