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LegalText 26 U.S.C. § 5414 Transfer of beer between bonded facilities us united_states_code code_section 26 INTERNAL REVENUE CODE 51 DISTILLED SPIRITS, WINES, AND BEER 5414 26 U.S.C. § 5414 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/s5414 data/legal/raw/us/code/title-26/usc26.xml b23bf67a3257b86599fab6690b1cab8ba65ba064fe6a6b0cb536575d5c816742 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 a4015cfb7375c9017408f6817071e6184067b9ceb0ef98d5d29c75662616330b 2026-07-04 official
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26 U.S.C. § 5414 - Transfer of beer between bonded facilities

Text

(a) In general Beer may be removed from one brewery to another brewery, without payment of tax, and may be mingled with beer at the receiving brewery, subject to such conditions, including payment of the tax, and in such containers, as the Secretary by regulations shall prescribe, which shall include—

(1) any removal from one brewery to another brewery belonging to the same brewer,

(2) any removal from a brewery owned by one corporation to a brewery owned by another corporation when—

(A) one such corporation owns the controlling interest in the other such corporation, or

(B) the controlling interest in each such corporation is owned by the same person or persons, and

(3) any removal from one brewery to another brewery when—

(A) the proprietors of transferring and receiving premises are independent of each other and neither has a proprietary interest, directly or indirectly, in the business of the other, and

(B) the transferor has divested itself of all interest in the beer so transferred and the transferee has accepted responsibility for payment of the tax.

(b) Transfer of liability for tax For purposes of subsection (a)(3), such relief from liability shall be effective from the time of removal from the transferors premises, or from the time of divestment of interest, whichever is later.

(Added Pub. L. 85859, title II, § 201, Sept. 2, 1958, 72 Stat. 1389; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 11597, title I, § 13803(a), Dec. 22, 2017, 131 Stat. 2172; Pub. L. 11694, div. Q, title I, § 144(c)(1), Dec. 20, 2019, 133 Stat. 3235; Pub. L. 116260, div. EE, title I, § 106(c)(1), Dec. 27, 2020, 134 Stat. 3042.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5414, act Aug. 16, 1954, ch. 736, 68A Stat. 675, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85859.

Amendments2020—Pub. L. 116260 amended section generally. Prior to amendment, section related to removals of beer from one brewery to another belonging to the same brewer. 2019—Subsec. (b)(3). Pub. L. 11694 substituted “December 31, 2020” for “December 31, 2019”. 2017—Pub. L. 11597 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 AmendmentPub. L. 116260, div. EE, title I, § 106(c)(2), Dec. 27, 2020, 134 Stat. 3043, provided that: “The amendment made by this subsection [amending this section] shall apply to any calendar quarters beginning after December 31, 2020.”

Effective Date of 2019 AmendmentPub. L. 11694, div. Q, title I, § 144(c)(2), Dec. 20, 2019, 133 Stat. 3235, provided that: “The amendment made by this subsection [amending this section] shall apply to calendar quarters beginning after December 31, 2019.”

Effective Date of 2017 AmendmentAmendment by Pub. L. 11597 applicable to any calendar quarters beginning after Dec. 31, 2017, see section 13803(c) of Pub. L. 11597, set out as a note under section 5412 of this title.