Loopholes > Federal > Limited Retail Dealer Purchase Flexibility
DEDUCTION LOW SAVINGS BUSINESS

Limited Retail Dealer Purchase Flexibility

IRC §5132

Allows limited retail dealers to lawfully purchase distilled spirits for resale from other retail dealers, providing an exception to the general rule requiring purchases from wholesale dealers.

Eligibility

Applies to taxpayers qualifying as 'limited retail dealers' under the liquor dealer regulations.

Frequently Asked Questions

Who is eligible for the Limited Retail Dealer Purchase Flexibility?

Applies to taxpayers qualifying as 'limited retail dealers' under the liquor dealer regulations.

How does the Limited Retail Dealer Purchase Flexibility work?

Allows limited retail dealers to lawfully purchase distilled spirits for resale from other retail dealers, providing an exception to the general rule requiring purchases from wholesale dealers.

What law authorizes the Limited Retail Dealer Purchase Flexibility?

The Limited Retail Dealer Purchase Flexibility is authorized under IRC §5132 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5132

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

§ 5132. Prohibited purchases by dealers(a) In generalExcept as provided in regulations prescribed by the Secretary, it shall be unlawful for a dealer to purchase distilled spirits for resale from any person other than a wholesale dealer in liquors who is required to keep the records prescribed by section 5121. (b) Limited retail dealersA limited retail dealer may lawfully purchase distilled spirits for resale from a retail dealer in liquors. (c) Penalty and forfeitureFor penalty and forfeiture provisions applicable to violations of subsection (a), see sections 5687 and 7302. (Added Pub. L. 109–59, title XI, § 11125(b)(12), Aug. 10, 2005, 119 Stat. 1956.) Editorial Notes Prior ProvisionsA prior section 5132 was renumbered section 5112 of this title. Another prior section 5132, act Aug. 16, 1954, ch. 736, 68A Stat. 623, related to registration and regulation of persons claiming drawback, prior to the general revision of this chapter by Pub. L. 85–859. A prior section 5133 was renumbered section 5113 of this title. Another prior section 5133, act Aug. 16, 1954, ch. 736, 68A Stat. 623, related to investigation of claims, prior to the general revision of this chapter by Pub. L. 85–859. A prior section 5134 was renumbered section 5114 of this title. Another prior section 5134, acts Aug. 16, 1954, ch. 736, 68A Stat. 623; Mar. 30, 1955, ch. 18, § 3(b)(2), 69 Stat. 15; Mar. 29, 1956, ch. 115, § 3(b)(2), 70 Stat. 67; Mar. 29, 1957, Pub. L. 85–12, § 3(b)(2), 71 Stat. 10; June 30, 1958, Pub. L. 85–475, § 3(b)(2), 72 Stat. 259, related to drawbacks, prior to the general revision of this chapter by Pub. L. 85–859. A prior section 5141, added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1346, related to registration, prior to repeal by Pub. L. 109–59, title XI, § 11125(a)(1)(E), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5141, act Aug. 16, 1954, ch. 736, 68A Stat. 624, related to registration, prior to the general revision of this chapter by Pub. L. 85–859. A prior section 5142 was renumbered section 5732 of this title. Another prior section 5142, act Aug. 16, 1954, ch. 736, 68A Stat. 624, related to payment of tax, prior to the general revision of this chapter by Pub. L. 85–859. A prior section 5143 was renumbered section 5733 of this title. Another prior section 5143, act Aug. 16, 1954, ch. 736, 68A Stat. 624, related to time for filing returns and cross-referred to penalty provisions for failure to file returns or for making false or fraudulent returns, prior to the general revision of this chapter by Pub. L. 85–859. A prior section 5144, added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1348, authorized and directed Secretary or his delegate to procure the necessary stamps for payment of special taxes and to make needful regulations relative thereto, prior to repeal by Pub. L. 94–455, title XIX, § 1905(b)(3)(D)(i), Oct

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