27 C.F.R. § 19.245   Bonds and penal sums of bonds.


Title 27 - Alcohol, Tobacco Products and Firearms


Title 27: Alcohol, Tobacco and Firearms
PART 19—DISTILLED SPIRITS PLANTS
Subpart H—Bonds and Consents of Surety

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§ 19.245   Bonds and penal sums of bonds.

The bonds, and the penal sums thereof, required by this subpart, are as follows:

                                                    Penal Sum----------------------------------------------------------------------------------------------------------------                 Type of bond                                    Basis                    Minimum      Maximum----------------------------------------------------------------------------------------------------------------(a) Operations bond:  (1) One plant bond_    (i) Distiller.............................  The amount of tax on spirits produced        $5,000     $100,000                                                 during a period of 15 days.    (ii) Warehouseman:      (A) General.............................  The amount of tax on spirits and wines        5,000      200,000                                                 deposited in, stored on, and in                                                 transit to bonded premises.      (B) Limited to storage of spirits in      ......do..............................        5,000       50,000       packages to a total of not over 50,000       proof gallons.    (iii) Distiller and warehouseman..........  The amount of tax on spirits produced        10,000      200,000                                                 during a period of 15 days, and the                                                 amount of tax on spirits and wines                                                 deposited, in stored on, and in                                                 transit to bonded premises.    (iv) Distiller and processor..............  The amount of tax on spirits produced        10,000      200,000                                                 during a period of 15 days, and the                                                 amount of tax on spirits, denatured                                                 spirits, articles, and wines                                                 deposited in, stored on, and in                                                 transit to bonded premises.    (v) Warehouseman and processor:      (A) General.............................  The amount of tax on spirits,                10,000      250,000                                                 denatured spirits, articles, and                                                 wines deposited in, stored on, and in                                                 transit to bonded premises.      (B) Limited to storage of spirits or      ......do..............................       10,000       50,000       denatured spirits in packages to a       total of not over 50,000 proof gallons,       and processing of spirits or denatured       spirits so stored.    (vi) Distiller, warehouseman, and           The amount of tax on spirits produced        15,000      250,000     processor.                                  during a period of 15 days, and the                                                 amount of tax on spirits, denatured                                                 spirits, articles, and wines                                                 deposited in, stored on, and in                                                 transit to bonded premises.  (2) Adjacent bonded wine cellars_    (i) Distiller and bonded wine cellar......  The sum of the amount of tax                  6,000      150,000                                                 calculated in (a)(1)(i) and with                                                 respect to bonded wine cellar                                                 operations, the amount of tax on                                                 wines and wine spirits possessed and                                                 in transit.    (ii) Distiller, warehouseman and bonded     The sum of the amount of tax                 11,000      250,000     wine cellar.                                calculated in (a)(1)(iii) and with                                                 respect to bonded wine cellar                                                 operations, the amount of tax on                                                 wines and wine spirits possessed and                                                 in transit.    (iii) Distiller, processor and bonded wine  The sum of the amount of tax                 11,000      250,000     cellar.                                     calculated in (a)(1)(iv) and with                                                 respect to bonded wine cellar                                                 operations, the amount of tax on                                                 wines and wine spirits possessed and                                                 in transit.    (iv) Distiller, warehouseman, processor     The sum of the amount of tax                 16,000      300,000     and bonded wine cellar.                     calculated in (a)(1)(vi) and with                                                 respect to bonded wine cellar                                                 operations, the amount of tax on                                                 wines and wine spirits possessed and                                                 in transit.(b) Area operations bond:                       The penal sum shall be calculated in                                                 accordance with the following table:---------------------------------------------------------------------------------------Total penal sums as determined under (a)        Requirements for penal sum of area                                                 operations bond---------------------------------------------------------------------------------------Not over $300,000.............................  100 percent.Over $300,000 but not over $600,000...........  $300,000 plus 70 percent of excess                                                 over $300,000.Over $600,000 but not over $1,000,000.........  $510,000 plus 50 percent of excess                                                 over $600,000.Over $1,000,000 but not over $2,000,000.......  $710,000 plus 35 percent of excess                                                 over $1,000,000.Over $2,000,000...............................  $1,060,000 plus 25 percent of excess                                                 over $2,000,000.---------------------------------------------------------------------------------------(c) Withdrawal bond:  (1) One plant qualified for distilled         The amount of tax which, at any one           1,000    1,000,000   spirits operations.                           time, is chargeable against such bond                                                 but has not been paid.  (2) Two or more plants in a region qualified  Sum of the penal sums for each plant         (\1\ )       (\2\ )   for distilled spirits operations.             calculated in (c)(1) of this section.(d) Unit bond:  (1) Both operations at a distilled spirits    Total penal sums of (a) and (c)(1) of         6,000    1,300,000   plant (and any adjacent bonded wine cellar)   this section.   and withdrawals from the bonded premises of   the same distilled spirits plant.  (2) Both operations at two or more distilled  Total penal sums of (b) and (c)(2) of        (\3\ )       (\4\ )   spirits plants (and any adjacent bonded       this section in lieu of which given.   wine cellar) within the same region and   withdrawals from the bonded premises of the   same distilled spirits plants.----------------------------------------------------------------------------------------------------------------\1\ Sum of the minimum penal sums required for each plant covered by the bond.\2\ Sum of the maximum penal sums required for each plant covered by the bond. (The maximum penal sum for one  plant is $1,000,000.)\3\ Sum of the minimum penal sums for operations and withdrawal bonds required for each plant covered by the  bond.\4\ Sum of the maximum penal sums for area operations bonds and withdrawal bonds required for the plants covered  by the unit bond.

(Sec. 805(c), Pub. L. 96–39, 93 Stat. 276 (26 U.S.C. 5173))

[T.D. ATF–198, 50 FR 8464, Mar. 1, 1985; 50 FR 23410, June 4, 1985]

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