§ 5011. Income tax credit for average cost of carrying excise tax

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(a)In general For purposes of section 38, the amount of the distilled spirits credit for any taxable year is the amount equal to the product of—

(1)in the case of—

(A)any eligible wholesaler, the number of cases of bottled distilled spirits—

(i)which were bottled in the United States, and

(ii)which are purchased by such wholesaler during the taxable year directly from the bottler of such spirits, or

(B)any person which is subject to section 5005 and which is not an eligible wholesaler, the number of cases of bottled distilled spirits which are stored in a warehouse operated by, or on behalf of, a State or political subdivision thereof, or an agency of either, on which title has not passed on an unconditional sale basis, and

(2)the average tax-financing cost per case for the most recent calendar year ending before the beginning of such taxable year.

(b)Eligible wholesaler For purposes of this section, the term “eligible wholesaler” means any person which holds a permit under the Federal Alcohol Administration Act as a wholesaler of distilled spirits which is not a State or political subdivision thereof, or an agency of either.

(c)Average tax-financing cost

(1)In general For purposes of this section, the average tax-financing cost per case for any calendar year is the amount of interest which would accrue at the deemed financing rate during a 60-day period on an amount equal to the deemed Federal excise tax per case.

(2)Deemed financing rate For purposes of paragraph (1), the deemed financing rate for any calendar year is the average of the corporate overpayment rates under paragraph

(1)of section 6621(a) (determined without regard to the last sentence of such paragraph) for calendar quarters of such year.

(3)Deemed Federal excise tax per case For purposes of paragraph (1), the deemed Federal excise tax per case is $25.68.

(d)Other definitions and special rules For purposes of this section—

(1)Case The term “case” means 12 80-proof 750-milliliter bottles.

(2)Number of cases in lot The number of cases in any lot of distilled spirits shall be determined by dividing the number of liters in such lot by 9.

(Added Pub. L. 109–59, title XI, § 11126(a), Aug. 10, 2005, 119 Stat. 1957.)

Connections2 cite this · traces to 2

Cited by 2 sections

U.S. Code

§ 38
General business credit

statutes-at-large

Public Law 721
to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the Menominee Indian Reservation in the State of Wisconsin”, approved March 28, 1908, as amended

Traces to 2 documents

U.S. Code

9 references not yet in our index

Pub. L. 109–59, title XI, § 11126(a)
119 Stat. 1957
act Aug. 29, 1935, ch. 814
49 Stat. 977
act Aug. 16, 1954, ch. 736
68A Stat. 604
Pub. L. 85–859
68A Stat. 605
section 11126(d) of Pub. L. 109–59

Citation graph

cites case law

§ 5011

Income tax credit for average cost of carrying excise tax

Stat.×1

U.S.C.×1

U.S.C.§ 201

U.S.C.§ 38

Pub. L.Pub. L. 109–59, title XI, § 11126(a)

Stat.119 Stat. 1957

Actact Aug. 29, 1935, ch. 814

Stat.49 Stat. 977

Actact Aug. 16, 1954, ch. 736

Cites 11 · showing 7Cited by 2 across 2 sources