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Deferral of Tax via Bonded Storage Entry

IRC §5211

Allows proprietors to enter distilled spirits into bonded premises for storage or processing rather than immediate tax determination upon completion of production.

Eligibility

Available to distilled spirits plant proprietors who make appropriate entry for deposit on bonded premises following the production gauge.

Frequently Asked Questions

Who is eligible for the Deferral of Tax via Bonded Storage Entry?

Available to distilled spirits plant proprietors who make appropriate entry for deposit on bonded premises following the production gauge.

How does the Deferral of Tax via Bonded Storage Entry work?

Allows proprietors to enter distilled spirits into bonded premises for storage or processing rather than immediate tax determination upon completion of production.

What law authorizes the Deferral of Tax via Bonded Storage Entry?

The Deferral of Tax via Bonded Storage Entry is authorized under IRC §5211 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5211

Source: Internal Revenue Code, Title 26, United States Code

§ 5211. Production and entry of distilled spirits Distilled spirits in the process of production in a distilled spirits plant may be held prior to the production gauge only for so long as is reasonably necessary to complete the process of production. Under such regulations as the Secretary shall prescribe, all distilled spirits produced in a distilled spirits plant shall be gauged and a record made of such gauge within a reasonable time after the production thereof has been completed. The proprietor shall, pursuant to such production gauge and in accordance with such regulations as the Secretary shall prescribe, make appropriate entry for—(1) deposit of such spirits on bonded premises for storage or processing; (2) withdrawal upon determination of tax as authorized by law; (3) withdrawal under the provisions of section 5214; and (4) transfer for redistillation under the provisions of section 5223. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1362; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–39, title VIII, § 807(a)(26), July 26, 1979, 93 Stat. 284.) Editorial Notes Prior ProvisionsA prior section 5211, act Aug. 16, 1954, ch. 736, 68A Stat. 638, related to detention of casks, packages, or containers on suspicion, prior to the general revision of this chapter by Pub. L. 85–859. See section 5311 of this title. Provisions similar to those comprising this section were contained in prior sections 5193(a), 5194(a), (e) to (g), 5242(a), 5305, act Aug. 16, 1954, ch. 736, 68A Stat. 633 to 636, 645, 657, prior to the general revision of this chapter by Pub. L. 85–859. Amendments1979—Pars. (1), (5). Pub. L. 96–39 substituted in par. (1) “on bonded premises for storage or processing” for “in storage on bonded premises” and struck out par. (5) which related to an appropriate entry by the proprietor for immediate denaturation. 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”. Statutory Notes and Related Subsidiaries Effective Date of 1979 AmendmentAmendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as a note under section 5001 of this title. Effective DateSection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85–859, set out as a note under section 5001 of this title.