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Tax-Free Import of Denatured Spirits from US Territories

IRC §5314

Allows denatured distilled spirits and related articles produced in Puerto Rico or the Virgin Islands to be brought into the U.S. free of certain excise taxes.

Eligibility

Manufacturers and distributors bringing denatured spirits or manufactured articles from PR or USVI into the United States for authorized non-beverage purposes.

Frequently Asked Questions

Who is eligible for the Tax-Free Import of Denatured Spirits from US Territories?

Manufacturers and distributors bringing denatured spirits or manufactured articles from PR or USVI into the United States for authorized non-beverage purposes.

How does the Tax-Free Import of Denatured Spirits from US Territories work?

Allows denatured distilled spirits and related articles produced in Puerto Rico or the Virgin Islands to be brought into the U.S. free of certain excise taxes.

What law authorizes the Tax-Free Import of Denatured Spirits from US Territories?

The Tax-Free Import of Denatured Spirits from US Territories is authorized under IRC §5314 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5314

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

§ 5314. Special applicability of certain provisions(a) Puerto Rico(1) ApplicabilityThe provisions of this subsection shall not apply to the Commonwealth of Puerto Rico unless the Legislative Assembly of the Commonwealth of Puerto Rico expressly consents thereto in the manner prescribed in the constitution of the Commonwealth of Puerto Rico, for the enactment of a law. (2) In generalDistilled spirits for the purposes authorized in section 5214(a)(2) and (3), denatured distilled spirits, and articles, as described in this paragraph, produced or manufactured in Puerto Rico, may be brought into the United States free of any tax imposed by section 5001(a)(9) or 7652(a)(1) for disposal under the same conditions as like spirits, denatured spirits, and articles, produced or manufactured in the United States; and the provisions of this chapter and regulations promulgated thereunder (and all other provisions of the internal revenue laws applicable to the enforcement thereof, including the penalties of special application thereto) relating to the production, bonded warehousing, and denaturation of distilled spirits, to the withdrawal of distilled spirits or denatured distilled spirits, and to the manufacture of articles from denatured distilled spirits, shall, insofar as applicable, extend to and apply in Puerto Rico in respect of—(A) distilled spirits for shipment to the United States for the purposes authorized in section 5214(a)(2) and (3); (B) distilled spirits for denaturation; (C) denatured distilled spirits for shipment to the United States; (D) denatured distilled spirits for use in the manufacture of articles for shipment to the United States; and (E) articles, manufactured from denatured distilled spirits, for shipment to the United States. (3) Withdrawals authorized by Puerto RicoDistilled spirits (including denatured distilled spirits) may be withdrawn from the bonded premises of a distilled spirits plant in Puerto Rico pursuant to authorization issued under the laws of the Commonwealth of Puerto Rico; such spirits so withdrawn, and products containing such spirits so withdrawn, may not be brought into the United States free of tax. (4) Costs of administrationAny expenses incurred by the Treasury Department in connection with the enforcement in Puerto Rico of the provisions of this subtitle and section 7652(a), and regulations promulgated thereunder, shall be charged against and retained out of taxes collected under this title in respect of commodities of Puerto Rican manufacture brought into the United States. The funds so retained shall be deposited as a reimbursement to the appropriation to which such expenses were originally charged.

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