Date of Download: Sep 14, 2001

USCA (United States Code Annotated)

26 USCA S 5001

Copr. © West 2001 No Claim to Orig. U.S. Govt. Works

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26 U.S.C.A. § 5001 I.R.C. § 5001

UNITED STATES CODE ANNOTATED

TITLE 26. INTERNAL REVENUE CODE

SUBTITLE E--ALCOHOL, TOBACCO, AND CERTAIN OTHER EXCISE TAXES

CHAPTER 51--DISTILLED SPIRITS, WINES, AND BEER

SUBCHAPTER A--GALLONAGE AND OCCUPATIONAL TAXES

PART I--GALLONAGE TAXES

SUBPART A--DISTILLED SPIRITS

Copr. © West Group 2001. No claim to Orig. U.S. Govt. Works.

Current through P.L. 107-11, approved 5-28-01

§ 5001. Imposition, rate, and attachment of tax

(a) Rate of tax.--

(1) General.--There is hereby imposed on all distilled spirits produced in or imported into the United States a tax at the rate of $13.50 on each proof gallon and a proportionate tax at the like rate on all fractional parts of a proof gallon.

(2) Products containing distilled spirits.--All products of distillation, by whatever name known, which contain distilled spirits, on which the tax imposed by law has not been paid, and any alcoholic ingredient added to such products, shall be considered and taxed as distilled spirits.

(3) Wines containing more than 24 percent alcohol by volume.--Wines containing more than 24 percent of alcohol by volume shall be taxed as distilled spirits.

(4) Distilled spirits withdrawn free of tax.--Any person who removes, sells, transports, or uses distilled spirits, withdrawn free of tax under section 5214(a) or section 7510, in violation of laws or regulations now or hereafter in force pertaining thereto, and all such distilled spirits shall be subject to all provisions of law relating to distilled spirits subject to tax, including those requiring payment of the tax thereon; and the person so removing, selling, transporting, or using the distilled spirits shall be required to pay such tax.

(5) Denatured distilled spirits or articles.--Any person who produces, withdraws, sells, transports, or uses denatured distilled spirits or articles in violation of laws or regulations now or hereafter in force pertaining thereto, and all such denatured distilled spirits or articles shall be subject to all provisions of law pertaining to distilled spirits that are not denatured, including those requiring the payment of tax thereon; and the person so producing, withdrawing, selling, transporting, or using the denatured distilled spirits or articles shall be required to pay such tax.

(6) Fruit-flavor concentrates.--If any volatile fruit-flavor concentrate (or any fruit mash or juice from which such concentrate is produced) containing one-half of 1 percent or more of alcohol by volume, which is manufactured free from tax under section 5511, is sold, transported, or used by any person in violation of the provisions of this chapter or regulations promulgated thereunder, such person and such concentrate, mash, or juice shall be subject to all provisions of this chapter pertaining to distilled spirits and wines, including those requiring the payment of tax thereon; and the person so selling, transporting, or using such concentrate, mash, or juice shall be required to pay such tax.

(7) Imported liqueurs and cordials.--Imported liqueurs and cordials, or similar compounds, containing distilled spirits, shall be taxed as distilled spirits.

(8) Imported distilled spirits withdrawn for beverage purposes.--There is hereby imposed on all imported distilled spirits withdrawn from customs custody under section 5232 without payment of the internal revenue tax, and thereafter withdrawn from bonded premises for beverage purposes, an additional tax equal to the duty which would have been paid had such spirits been imported for beverage purposes, less the duty previously paid thereon.

(9) Alcoholic compounds from Puerto Rico.--Except as provided in section 5314, upon bay rum, or any article containing distilled spirits, brought from Puerto Rico into the United States for consumption or sale there is hereby imposed a tax on the spirits contained therein at the rate imposed on distilled spirits produced in the United States.

[(10) Redesignated (9)]

(b) Time of attachment on distilled spirits.--The tax shall attach to distilled spirits as soon as this substance is in existence as such, whether it be subsequently separated as pure or impure spirits, or be immediately, or at any subsequent time, transferred into any other substance, either in the process of original production or by any subsequent process.

(c) Cross reference.--

For provisions relating to the tax on shipments to the United States of taxable articles from Puerto Rico and the Virgin Islands, see section 7652.

CREDIT(S)

2001 Electronic Update

(Added Pub.L. 85-859, Title II, § 201, Sept. 2, 1958, 72 Stat. 1313, and amended Pub.L. 86-75, § 3(a)(2), (3), June 30, 1959, 73 Stat. 157; Pub.L. 86- 564, Title II, § 202(a)(4), (5), June 30, 1960, 74 Stat. 290; Pub.L. 87-72, § 3(a)(4), (5), June 30, 1961, 75 Stat. 193; Pub.L. 87-508, § 3(a)(3), (4), June 28, 1962, 76 Stat. 114; Pub.L. 88-52, § 3(a)(4), (5), June 29, 1963, 77 Stat. 72; Pub.L. 88-348, § 2(a)(4), (5), June 30, 1964, 78 Stat. 237; Pub.L. 89-44, Title V, § 501(a), June 21, 1965, 79 Stat. 150; Pub.L. 96-39, Title VIII, §§ 802, 805(d), July 26, 1979, 93 Stat. 273, 278; Pub.L. 98-369, Div. A, Title I, § 27(a)(1), July 18, 1984, 98 Stat. 507; Pub.L. 101-508, Title XI, § 11201(a)(1), Nov. 5, 1990, 104 Stat. 1388-415; Pub.L. 103-465, Title I, § 136(a), Dec. 8, 1994, 108 Stat. 4841.)