Frequently Asked Questions
Who is eligible for the Voluntary Relinquishment Penalty Avoidance?
Available to individuals who have imported tobacco products in excess of personal use limits but disclose and surrender the excess at the time of entry.
How does the Voluntary Relinquishment Penalty Avoidance work?
Taxpayers can avoid high civil penalties (the greater of $1,000 or 5x the tax) on excess imported tobacco by voluntarily relinquishing the excess quantity to the Secretary at the time of entry.
What law authorizes the Voluntary Relinquishment Penalty Avoidance?
The Voluntary Relinquishment Penalty Avoidance is authorized under IRC §5761 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §5761
Source: Internal Revenue Code, Title 26, United States Code
§ 5761. Civil penalties(a) Omitting things required or doing things forbiddenWhoever willfully omits, neglects, or refuses to comply with any duty imposed upon him by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $1,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section 6651 or 6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment.
(b) Failure to pay taxWhoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations, shall, in addition to any other penalty provided in this title, be liable to a penalty of 5 percent of the tax due but unpaid.
(c) Sale of tobacco products and cigarette papers and tubes for exportExcept as provided in subsections (b) and (d) of section 5704—(1) every person who sells, relands, or receives within the jurisdiction of the United States any tobacco products or cigarette papers or tubes which have been labeled or shipped for exportation under this chapter,
(2) every person who sells or receives such relanded tobacco products or cigarette papers or tubes, and
(3) every person who aids or abets in such selling, relanding, or receiving,
shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $1,000 or 5 times the amount of the tax imposed by this chapter. All tobacco products and cigarette papers and tubes relanded within the jurisdiction of the United States shall be forfeited to the United States and destroyed. All vessels, vehicles, and aircraft used in such relanding or in removing such products, papers, and tubes from the place where relanded, shall be forfeited to the United States. This subsection and section 5754 shall not apply to any person who relands or receives tobacco products in the quantity allowed entry free of tax and duty under subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States. No quantity of tobacco products other than the quantity referred to in the preceding sentence may be relanded or received as a personal use quantity.
(d) Personal use quantities(1) In generalNo quantity of tobacco products other than the quantity referred to in paragraph (2) may be relanded or received as a personal use quantity.
(2) Exception for personal use quantitySubsection (c) and section 5754 shall not apply to any person who relands or receives tobacco products in the quantity allowed entry free of tax and duty under chapter 98 of the Harmonized Tariff Schedule of the United States, and such person may voluntarily relinquish to the Secretary at the time of entry any excess of such quantity without incurring the penalty under subsection (c).
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