27 C.F.R. Subpart C—Special (Occupational) Taxes
Title 27 - Alcohol, Tobacco Products and Firearms
(a) General. Except as otherwise provided in paragraph (b) of this section, importers engaged in the business of selling, or offering for sale, distilled spirits, wines or beer are subject to the provisions of part 31 of this chapter relating to special (occupational) taxes. Part 31 requires that the special tax return, Form 5630.5, with payment of the tax, shall be filed with TTB in accordance with the instruction on the form, before commencing business. Subsequently, Form 5630.5 with tax shall be filed each year on or before July 1, as long as the proprietor continues in business. (Sec. 201, Pub. L. 85–859, 72 Stat. 1340 as amended, 1343 as amended, 1344 as amended (26 U.S.C. 5111, 5112, 5121, 5122)) (b) Suspension of tax. During the period from July 1, 2005, through June 30, 2008, the rate of the tax described in paragraph (a) of this section is zero. However, the persons described in paragraph (a) of this section must register by filing the special tax return on Form 5630.5, in accordance with part 31 of this chapter, during the suspension period even though the amount of tax due is zero. [T.D. ATF–70, 45 FR 33981, May, 21, 1980, as amended by T.D. ATF–251, 52 FR 19339, May 22, 1987; T.D. TTB–25, 70 FR 19883, Apr. 15, 2005; T.D. TTB–36, 70 FR 62247, Oct. 31, 2005] The sale of warehouse receipts for distilled spirits is equivalent to the sale of distilled spirits. Accordingly, except during the suspension period described in §27.30(b), every person engaged in business as an importer of distilled spirits, who sells, or offers for sale, warehouse receipts for distilled spirits stored in customs bonded warehouses, or elsewhere, incurs liability to special tax as a dealer in liquors at the place where the warehouse receipts are sold or offered for sale, and must file return and pay occupational tax as provided in §27.30(a). During the suspension period, every such person must register as provided in §27.30(b). (68A Stat. 618, 620, 621; 26 U.S.C. 5111, 5112, 5121, 5122) [T.D. TTB–36, 70 FR 62247, Oct. 31, 2005]
Title 27: Alcohol, Tobacco and Firearms
PART 27—IMPORTATION OF DISTILLED SPIRITS, WINES, AND BEER
Subpart C—Special (Occupational) Taxes
§ 27.30 Special (occupational) tax.
§ 27.31 Warehouse receipts covering distilled spirits.
