Frequently Asked Questions
Who is eligible for the Export Excise Tax Exemption?
Products must be destined for export or government use and must follow strict regulatory removal procedures under bond.
How does the Export Excise Tax Exemption work?
Provides a total exemption from internal revenue tobacco taxes for products removed for shipment to foreign countries, U.S. possessions, or for use by the United States government.
What law authorizes the Export Excise Tax Exemption?
The Export Excise Tax Exemption is authorized under IRC §5704(b) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §5704
Source: Internal Revenue Code, Title 26, United States Code
§ 5704. Exemption from tax(a) Tobacco products furnished for employee use or experimental purposesTobacco products may be furnished by a manufacturer of such products, without payment of tax, for use or consumption by employees or for experimental purposes, in such quantities, and in such manner as the Secretary shall by regulation prescribed.
(b) Tobacco products and cigarette papers and tubes transferred or removed in bond from domestic factories and export warehousesA manufacturer or export warehouse proprietor may transfer tobacco products and cigarette papers and tubes, without payment of tax, to the bonded premises of another manufacturer or export warehouse proprietor, or remove such articles, without payment of tax, for shipment to a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States, or for consumption beyond the jurisdiction of the internal revenue laws of the United States; and manufacturers may similarly remove such articles for use of the United States; in accordance with such regulations and under such bonds as the Secretary shall prescribe. Tobacco products and cigarette papers and tubes may not be transferred or removed under this subsection unless such products or papers and tubes bear such marks, labels, or notices as the Secretary shall by regulations prescribe.
(c) Tobacco products and cigarette papers and tubes released in bond from customs custodyTobacco products and cigarette papers and tubes, imported or brought into the United States, may be released from customs custody, without payment of tax, for delivery to the proprietor of an export warehouse, or to a manufacturer of tobacco products or cigarette papers and tubes if such articles are not put up in packages, in accordance with such regulations and under such bond as the Secretary shall prescribe.
(d) Tobacco products and cigarette papers and tubes exported and returnedTobacco products and cigarette papers and tubes classifiable under item 804.00 of title I of the Tariff Act of 1930 (relating to duty on certain articles previously exported and returned) may be released from customs custody, without payment of that part of the duty attributable to the internal revenue tax for delivery to the original manufacturer of such tobacco products or cigarette papers and tubes or to the proprietor of an export warehouse authorized by such manufacturer to receive such articles, in accordance with such regulations and under such bond as the Secretary shall prescribe. Upon such release such products, papers, and tubes shall be subject to this chapter as if they had not been exported or otherwise removed from internal-revenue bond.
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