Eligibility
Applies to manufacturers of non-beverage products (medicines, food extracts, perfumes) containing distilled spirits sourced from PR or USVI.
Frequently Asked Questions
Who is eligible for the Drawback for Medicinal and Food Products Containing Alcohol?
Applies to manufacturers of non-beverage products (medicines, food extracts, perfumes) containing distilled spirits sourced from PR or USVI.
How does the Drawback for Medicinal and Food Products Containing Alcohol work?
Allows for a tax drawback on medicines, food products, flavors, or perfumes containing distilled spirits brought into the U.S. from Puerto Rico or the Virgin Islands, provided they are unfit for beverage purposes.
What law authorizes the Drawback for Medicinal and Food Products Containing Alcohol?
The Drawback for Medicinal and Food Products Containing Alcohol is authorized under IRC §7652(g) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §7652
Source: Internal Revenue Code, Title 26, United States Code
§ 7652. Shipments to the United States(a) Puerto Rico(1) Rate of taxExcept as provided in section 5314, articles of merchandise of Puerto Rican manufacture coming into the United States and withdrawn for consumption or sale shall be subject to a tax equal to the internal revenue tax imposed in the United States upon the like articles of merchandise of domestic manufacture.
(2) Payment of taxThe Secretary shall by regulations prescribe the mode and time for payment and collection of the tax described in paragraph (1), including any discretionary method described in section 6302(b) and (c). Such regulations shall authorize the payment of such tax before shipment from Puerto Rico, and the provisions of section 7651(2)(B) shall be applicable to the payment and collection of such tax in Puerto Rico.
(3) Deposit of internal revenue collectionsAll taxes collected under the internal revenue laws of the United States on articles produced in Puerto Rico and transported to the United States (less the estimated amount necessary for payment of refunds and drawbacks), or consumed in the island, shall be covered into the treasury of Puerto Rico.
(b) Virgin Islands(1) Taxes imposed in the United StatesExcept as provided in section 5314, there shall be imposed in the United States, upon articles coming into the United States from the Virgin Islands, a tax equal to the internal revenue tax imposed in the United States upon like articles of domestic manufacture.
(2) Exemption from tax imposed in the Virgin IslandsSuch articles shipped from such islands to the United States shall be exempt from the payment of any tax imposed by the internal revenue laws of such islands.
(3) Disposition of internal revenue collectionsThe Secretary shall determine the amount of all taxes imposed by, and collected under the internal revenue laws of the United States on articles produced in the Virgin Islands and transported to the United States. The amount so determined less 1 percent and less the estimated amount of refunds or credits shall be subject to disposition as follows:(A) The payment of an estimated amount shall be made to the government of the Virgin Islands before the commencement of each fiscal year as set forth in section 4(c)(2) of the Act entitled “An Act to authorize appropriations for certain insular areas of the United States, and for other purposes”, approved August 18, 1978 (48 U.S.C. 1645), as in effect on the date of the enactment of the Trade and Development Act of 2000. The payment so made shall constitute a separate fund in the treasury of the Virgin Islands and may be expended as the legislature may determine.
(B) Any amounts remaining shall be deposited in the Treasury of the United States as miscellaneous receipts.
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