Loopholes > Federal > Tax Credit for Returned Distilled Spirits
DEDUCTION MEDIUM SAVINGS BUSINESS

Tax Credit for Returned Distilled Spirits

IRC §5215

Allows distilled spirits on which tax has already been paid to be returned to bonded premises for destruction, denaturation, or redistillation to qualify for a tax abatement, credit, or refund.

Eligibility

Proprietors of distilled spirits plants who return tax-paid spirits for specific purposes like reconditioning or destruction.

Frequently Asked Questions

Who is eligible for the Tax Credit for Returned Distilled Spirits?

Proprietors of distilled spirits plants who return tax-paid spirits for specific purposes like reconditioning or destruction.

How does the Tax Credit for Returned Distilled Spirits work?

Allows distilled spirits on which tax has already been paid to be returned to bonded premises for destruction, denaturation, or redistillation to qualify for a tax abatement, credit, or refund.

What law authorizes the Tax Credit for Returned Distilled Spirits?

The Tax Credit for Returned Distilled Spirits is authorized under IRC §5215 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5215

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

§ 5215. Return of tax determined distilled spirits to bonded premises(a) General ruleUnder such regulations as the Secretary may prescribe, distilled spirits on which tax has been determined or paid may be returned to the bonded premises of a distilled spirits plant but only for destruction, denaturation, redistillation, reconditioning, or rebottling. (b) Applicability of chapter to distilled spirits returned to a distilled spirits plantAll provisions of this chapter applicable to distilled spirits in bond shall be applicable to distilled spirits returned to bonded premises under the provisions of this section on such return. (c) Return of bottled distilled spirits for relabeling and reclosingUnder such regulations as the Secretary shall prescribe, bottled distilled spirits withdrawn from bonded premises may be returned to bonded premises for relabeling or reclosing, and the tax under section 5001 shall not again be collected on such spirits. (d) Cross referenceFor provisions relating to the abatement, credit, or refund of tax on distilled spirits returned to a distilled spirits plant under this section, see section 5008(c). (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1364; amended Pub. L. 89–44, title VIII, § 805(c), June 21, 1965, 79 Stat. 161; Pub. L. 91–659, § 2(c), Jan. 8, 1971, 84 Stat. 1964; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–176, § 2(a), Nov. 14, 1977, 91 Stat. 1363; Pub. L. 96–39, title VIII, § 807(a)(29), July 26, 1979, 93 Stat. 285; Pub. L. 98–369, div. A, title IV, § 454(c)(7), July 18, 1984, 98 Stat. 821.) Editorial Notes Prior ProvisionsA prior section 5215, act Aug. 16, 1954, ch. 736, 68A Stat. 640, related to exemption of distillers of fruit brandy from certain requirements, prior to the general revision of this chapter by Pub. L. 85–859. See sections 5201(c), 5312(a), (c), 5373(a) and 5562 of this title.

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