§ 5010. Credit for wine content and for flavors content
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(a)Allowance of credit
(1)Wine content On each proof gallon of the wine content of distilled spirits, there shall be allowed a credit against the tax imposed by section 5001 (or 7652) equal to the excess of—
(A)$13.50, over
(B)the rate of tax which would be imposed on the wine under section 5041(b) but for its removal to bonded premises.
(2)Flavors content On each proof gallon of the flavors content of distilled spirits, there shall be allowed a credit against the tax imposed by section 5001 (or 7652) equal to $13.50.
(3)Fractional part of proof gallon In the case of any fractional part of a proof gallon of the wine content, or of the flavors content, of distilled spirits, a proportionate credit shall be allowed.
(b)Time for determining and allowing credit
(1)In general The credit allowable by subsection (a)—
(A)shall be determined at the same time the tax is determined under section 5006 (or 7652) on the distilled spirits containing the wine or flavors, and
(B)shall be allowable at the time the tax imposed by section 5001 (or 7652) on such distilled spirits is payable as if the credit allowable by this section constituted a reduction in the rate of tax.
(2)Determination of content in the case of imports For purposes of this section, the wine content, and the flavors content, of imported distilled spirits shall be established by such chemical analysis, certification, or other methods as may be set forth in regulations prescribed by the Secretary.
(c)Definitions For purposes of this section—
(1)Wine content
(A)In general The term “wine content” means alcohol derived from wine.
(B)Wine The term “wine”—
(i)means wine on which tax would be imposed by paragraph (1), (2), or
(3)of section 5041(b) but for its removal to bonded premises, and
(ii)does not include any substance which has been subject to distillation at a distilled spirits plant after receipt in bond.
(2)Flavors content
(A)In general Except as provided in subparagraph (B), the term “flavors content” means alcohol derived from flavors of a type for which drawback is allowable under section 5114.
(B)Exceptions The term “flavors content” does not include—
(i)alcohol derived from flavors made at a distilled spirits plant,
(ii)alcohol derived from flavors distilled at a distilled spirits plant, and
(iii)in the case of any distilled spirits product, alcohol derived from flavors to the extent such alcohol exceeds (on a proof gallon basis) 2½ percent of the finished product.
(Added Pub. L. 96–598, § 6(a), Dec. 24, 1980, 94 Stat. 3488; amended Pub. L. 98–369, div. A, title I, § 27(a)(2), July 18, 1984, 98 Stat. 507; Pub. L. 100–647, title V, § 5063(a), Nov. 10, 1988, 102 Stat. 3681; Pub. L. 101–508, title XI, § 11201(a)(2), Nov. 5, 1990, 104 Stat. 1388–415; Pub. L. 109–59, title XI, § 11125(b)(14), Aug. 10, 2005, 119 Stat. 1956.)
Connections93 cite this · traces to 2
Cited by 93 sections · top 49
CFR
- § 27.76Approval and certification of wine and flavors content.
- § 26.200Taxable status.
- § 26.11Meaning of terms.
- § 27.11Meaning of terms.
- § 19.1Definitions.
- § 19.245Tax credits under 26 U.S.C. 5010.
- § 26.205Certificate.
- § 26.262aComputation of effective tax rate.
- § 19.222Basic tax law provisions.
- § 19.246Computing the effective tax rate for a product.
- § 19.221Scope.
- § 19.264Claims on spirits returned to bonded premises---specific requirements.
- § 19.250Inventory reserve account.
- § 26.35Taxable status.
- § 19.227Determination of the tax.
- § 17.11Meaning of terms.
- § 27.41Computation of effective tax rate.
- § 26.204aVerification of eligible wines and eligible flavors.
- § 26.165Certificate of effective tax rate computation.
- § 27.40Distilled spirits.
- § 19.249Average effective tax rate.
- § 26.30Excise taxes.
- § 19.247Use of effective (actual) tax rates.
- § 26.77Subject to tax.
- § 19.248Standard effective tax rate.
- § 26.50aVerification of eligible flavors.
- § 26.79aComputation of effective tax rate.
- § 26.262Determination of tax on distilled spirits.
statutes-at-large
- Public Law 403
- Public Law 100–647To make technical corrections relating to the Tax Reform Act of 1986, and for other purposes
- Public Law 98–369To provide for tax reform, and for deficit reduction
- Public Law 96–598To amend the Internal Revenue Code of 1954 with respect to excise tax refunds in the case of certain uses of tread rubber, and for other purposes
register
- NoticesNotice of proposed rulemaking
- Rules and RegulationsFinal rule (Treasury decision)
- UnknownFinal rule; Treasury decision
- Rules and RegulationsFinal rule; Treasury decision
- Proposed RulesNotice of proposed rulemaking; cross-reference to temporary rule
- Rules and RegulationsFinal rule; Treasury decision
- Rules and RegulationsFinal Rule (Treasury decision)
- Rules and RegulationsTreasury decision, final rule
- Rules and RegulationsFinal rule; Treasury decision
- NoticesFinal rule; Treasury decision
- NoticesNotice of petition for exemption received
- NoticesFinal rule; Treasury decision
- Rules and RegulationsFinal rule (Treasury decision)
- NoticesNotice of proposed rulemaking
- Rules and RegulationsTemporary rule; Treasury decision
- NoticesFinal rule; Treasury decision
Traces to 2 documents
23 references not yet in our index
- Pub. L. 96–598, § 6(a)
- 94 Stat. 3488
- Pub. L. 98–369, div. A, title I, § 27(a)(2)
- 98 Stat. 507
- Pub. L. 100–647, title V, § 5063(a)
- 102 Stat. 3681
- Pub. L. 101–508, title XI, § 11201(a)(2)
- 104 Stat. 1388–415
- Pub. L. 109–59, title XI, § 11125(b)(14)
- 119 Stat. 1956
- act Aug. 16, 1954, ch. 736
- 68A Stat. 603
- Pub. L. 85–859
- Pub. L. 109–59
- Pub. L. 101–508
- Pub. L. 100–647
- Pub. L. 98–369
- section 11125(c) of Pub. L. 109–59
- section 11201(d) of Pub. L. 101–508
- Pub. L. 100–647, title V, § 5063(b)
- section 27(d)(1) of Pub. L. 98–369
- Pub. L. 96–598, § 6(c)
- 94 Stat. 3489
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cites case law
§ 5010
Credit for wine content and for flavors content
Fed. Reg.×53
C.F.R.×34
Stat.×5
U.S.C.×1
Pub. L.Pub. L. 96–598, § 6(a)
Stat.94 Stat. 3488
Pub. L.Pub. L. 98–369, div. A, title I, § 27(a)(2)
Stat.98 Stat. 507
Pub. L.Pub. L. 100–647, title V, § 5063(a)
Cites 25 · showing 7Cited by 93 across 4 sources