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Tax-Free Procurement of Specially Denatured Spirits

IRC §5271

Allows for the procurement, use, or recovery of distilled spirits free of tax for specific industrial or manufacturing purposes provided a permit is obtained.

Eligibility

Requires filing an application and receiving a permit from the Secretary to use tax-free spirits under section 5214(a)(2) or (3) or specially denatured spirits.

Frequently Asked Questions

Who is eligible for the Tax-Free Procurement of Specially Denatured Spirits?

Requires filing an application and receiving a permit from the Secretary to use tax-free spirits under section 5214(a)(2) or (3) or specially denatured spirits.

How does the Tax-Free Procurement of Specially Denatured Spirits work?

Allows for the procurement, use, or recovery of distilled spirits free of tax for specific industrial or manufacturing purposes provided a permit is obtained.

What law authorizes the Tax-Free Procurement of Specially Denatured Spirits?

The Tax-Free Procurement of Specially Denatured Spirits is authorized under IRC §5271 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5271

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

§ 5271. Permits(a) RequirementsNo person shall—(1) procure or use distilled spirits free of tax under the provisions of section 5214(a)(2) or (3); or (2) procure, deal in, or use specially denatured distilled spirits; or (3) recover specially or completely denatured distilled spirits, until he has filed an application with and received a permit to do so from the Secretary. (b) Form of application and permit(1) The application required by subsection (a) shall be in such form, shall be submitted at such times, and shall contain such information, as the Secretary shall by regulations prescribe. (2) Permits under this section shall, under such regulations as the Secretary shall prescribe, designate and limit the acts which are permitted, and the place where and time when such acts may be performed. Such permits shall be issued in such form and under such conditions as the Secretary may by regulations prescribe. (c) Disapproval of applicationAny application submitted under this section may be disapproved and the permit denied if the Secretary, after notice and opportunity for hearing, finds that—(1) in case of an application to withdraw and use distilled spirits free of tax, the applicant is not authorized by law or regulations issued pursuant thereto to withdraw or use such distilled spirits; or (2) the applicant (including, in the case of a corporation, any officer, director, or principal stockholder, and, in the case of a partnership, a partner) is, by reason of his business experience, financial standing, or trade connections, not likely to maintain operations in compliance with this chapter; or (3) the applicant has failed to disclose any material information required, or made any false statement as to any material fact, in connection with his application; or (4) the premises on which it is proposed to conduct the business are not adequate to protect the revenue. (d) Changes after issuance of permitWith respect to any change relating to the information contained in the application for a permit issued under this section, the Secretary may by regulations require the filing of written notice of such change and, where the change affects the terms of the permit, require the filing of an amended application. (e) Suspension or revocationIf, after notice and hearing, the Secretary finds that any person holding a permit issued under this section—(1) has not in good faith complied with the provisions of this chapter or regulations issued thereunder; or (2) has violated the conditions of such permit; or (3) has made any false statement as to any material fact in his application therefor; or (4) has failed to disclose any material information required to be furnished; or (5) has violated or conspired to violate any law of the United States relating to intoxicating liquor, or has been convicted of any offense under this title punishable as a felony or of any conspiracy to commit such offense; or

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