Loopholes > Federal > Industrial Use Distilled Spirits Packaging Authorization
DEDUCTION NICHE SAVINGS BUSINESS

Industrial Use Distilled Spirits Packaging Authorization

IRC §5131

Dealers may be authorized to package tax-paid distilled spirits in larger containers (1 to 5 gallons) specifically for industrial uses, facilitating bulk supply operations.

Eligibility

Must be a dealer as defined in section 5121(c) engaged in the business of supplying distilled spirits for industrial purposes.

Frequently Asked Questions

Who is eligible for the Industrial Use Distilled Spirits Packaging Authorization?

Must be a dealer as defined in section 5121(c) engaged in the business of supplying distilled spirits for industrial purposes.

How does the Industrial Use Distilled Spirits Packaging Authorization work?

Dealers may be authorized to package tax-paid distilled spirits in larger containers (1 to 5 gallons) specifically for industrial uses, facilitating bulk supply operations.

What law authorizes the Industrial Use Distilled Spirits Packaging Authorization?

The Industrial Use Distilled Spirits Packaging Authorization is authorized under IRC §5131 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5131

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

§ 5131. Packaging distilled spirits for industrial uses(a) GeneralThe Secretary may, at his discretion and under such regulations as he may prescribe, authorize a dealer (as defined in section 5121(c)) engaging in the business of supplying distilled spirits for industrial uses to package distilled spirits, on which the tax has been paid or determined, for such uses in containers of a capacity in excess of 1 wine gallon and not more than 5 wine gallons. (b) Cross referenceFor provisions relating to containers of distilled spirits, see section 5206. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1343, § 5116; 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)(12), July 26, 1979, 93 Stat. 282; Pub. L. 98–369, div. A, title IV, § 454(c)(3), July 18, 1984, 98 Stat. 821; renumbered § 5131 and amended Pub. L. 109–59, title XI, § 11125(b)(11), Aug. 10, 2005, 119 Stat. 1956.) Editorial Notes Prior ProvisionsA prior section 5131 was renumbered section 5111 of this title. Another prior section 5131, act Aug. 16, 1954, ch. 736, 68A Stat. 622, related to eligibility for drawback and rate of tax, prior to the general revision of this chapter by Pub. L. 85–859. Amendments2005—Pub. L. 109–59, § 11125(b)(11), renumbered section 5116 of this title as this section and transferred section to this subpart so as to appear after subpart analysis. Subsec. (a). Pub. L. 109–59, § 11125(b)(11), inserted “(as defined in section 5121(c))” after “dealer”. 1984—Subsec. (b). Pub. L. 98–369 substituted “reference” for “references” in heading, struck out former par. (1) which provided a cross reference to section 5205(a)(1) of this title regarding stamps for immediate containers, and struck out designation “(2)” preceding provisions relating to containers of distilled spirits. 1979—Subsec. (b)(1). Pub. L. 96–39 substituted “section 5205(a)(1)” for “section 5205(a)(2)”. 1976—Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”. Statutory Notes and Related Subsidiaries Effective Date of 2005 AmendmentAmendment by Pub. L. 109–59 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 109–59, set out as a note under section 5002 of this title. Effective Date of 1984 AmendmentAmendment by Pub. L. 98–369 effective July 1, 1985, see section 456(b) of Pub. L. 98–369, set out as an Effective Date note under section 5101 of this title. 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.