Loopholes > Federal > Tax-Free Withdrawal for Exportation
DEDUCTION HIGH SAVINGS BUSINESS

Tax-Free Withdrawal for Exportation

IRC §5175

Distilled spirits may be withdrawn from bonded premises without payment of federal excise tax if they are intended for exportation or transfer to a customs bonded warehouse.

Eligibility

Available to proprietors of distilled spirits plants who furnish an export bond or utilize their existing operations bond to cover the spirits until proof of exportation is provided.

Frequently Asked Questions

Who is eligible for the Tax-Free Withdrawal for Exportation?

Available to proprietors of distilled spirits plants who furnish an export bond or utilize their existing operations bond to cover the spirits until proof of exportation is provided.

How does the Tax-Free Withdrawal for Exportation work?

Distilled spirits may be withdrawn from bonded premises without payment of federal excise tax if they are intended for exportation or transfer to a customs bonded warehouse.

What law authorizes the Tax-Free Withdrawal for Exportation?

The Tax-Free Withdrawal for Exportation is authorized under IRC §5175 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §5175

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

§ 5175. Export bonds(a) RequirementsNo distilled spirits shall be withdrawn from bonded premises for exportation, or for transfer to a customs bonded warehouse, without payment of tax unless the exporter has furnished bond to cover such withdrawal under such regulations and conditions, and in such form and penal sum, as the Secretary may prescribe. (b) Exception where proprietor withdraws spirits for exportationIn the case of distilled spirits withdrawn from bonded premises by the proprietor for exportation without payment of tax, the bond of such proprietor required to be furnished under paragraph (1) of section 5173(a) covering such premises shall cover such exportation, and subsection (a) shall not apply. (c) Cancellation or credit of export bondsThe bonds given under subsection (a) shall be cancelled or credited and the bonds liable under subsection (b) credited if there is such proof of exportation as the Secretary may by regulations require. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1352; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–176, § 3(b), Nov. 14, 1977, 91 Stat. 1365; Pub. L. 96–39, title VIII, § 807(a)(15), July 26, 1979, 93 Stat. 282; Pub. L. 105–34, title XIV, § 1412(a), Aug. 5, 1997, 111 Stat. 1046.) Editorial Notes Prior ProvisionsA prior section 5175, act Aug. 16, 1954, ch. 736, 68A Stat. 628, related to “notice of business of distiller”, prior to the general revision of this chapter by Pub. L. 85–859. See sections 5171(a), (c) and 5172 of this title. Provisions similar to those comprising this section were contained in a prior section 5247(a), act Aug. 16, 1954, ch. 736, 68A Stat. 647, prior to the general revision of this chapter by Pub. L. 85–859.

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