27 C.F.R. § 31.183a Proprietors of taxpaid wine bottling houses selling certain wines.
Title 27 - Alcohol, Tobacco Products and Firearms
(a) Exemption of proprietor. No proprietor of a taxpaid wine bottling house shall be required to pay special tax as a wholesale or retail dealer in liquors for a period beginning on or after January 1, 1988, (including such tax under the transition rule of §31.103(b)), and no such proprietor shall be required to register during the suspension period described in §31.21(b), on account of sales of wine transacted at the proprietor's principal business office, as designated in writing to the appropriate TTB officer, or at the proprietor's taxpaid wine bottling house. However, this exemption applies only to wines which, at the time of sale, are either stored at the taxpaid wine bottling house or had been removed therefrom to a taxpaid storeroom whose operations are integrated with those of the taxpaid wine bottling house and which is contiguous or adjacent to, or in the immediate vicinity of, the taxpaid wine bottling house. Moreover, no such proprietor shall have more than one place of sale, as to each taxpaid wine bottling house, that shall be exempt from special tax or registration under this section. (b) Place of exemption. Unless the exemption is claimed elsewhere, it will be presumed that the exemption is claimed at the taxpaid wine bottling house where the wines are stored. If the proprietor wishes to be exempt from special tax (or from registration during the suspension period described in §31.21(b)) with respect to sales at the proprietor's principal office rather than at the proprietor's taxpaid wine bottling house, the proprietor shall so notify the appropriate TTB officer. The notice shall be in writing, on letter size paper, and shall be submitted in triplicate. On approval, two copies will be returned to the proprietor, one to be filed at the proprietor's principal office, and the original will be retained by the appropriate TTB officer. Where the exemption is claimed for a place other than the taxpaid wine bottling house, special tax shall be paid (or registration shall be completed during the suspension period described in §31.21(b)) at the taxpaid wine bottling house if sales are made there. (c) Exception. Where the proprietor of a taxpaid wine bottling house consummates sales of wines to other dealers at the purchasers' places of business, through a delivery route salesman or otherwise, the proprietor of the taxpaid wine bottling house is required to pay special tax (or to register during the suspension period described in §31.21(b)) as a wholesale dealer in liquors at each place from which the proprietor conducts such selling operations. (26 U.S.C. 5113) [T.D. ATF–285, 53 FR 12610, Mar. 28, 1989. Redesignated and amended by T.D. TTB–25, 70 FR 19884, 19886, Apr. 15, 2005; T.D. TTB–36, 70 FR 62254, Oct. 31, 2005]
Title 27: Alcohol, Tobacco and Firearms
PART 31—ALCOHOL BEVERAGE DEALERS
Subpart L—Exemptions and Exceptions
Persons Exempt From Liquor and Beer Dealer Special Taxes
§ 31.183a Proprietors of taxpaid wine bottling houses selling certain wines.
