26Title 26The US tax code, read & explained

26 U.S.C. § 5414

§ 5414. Transfer of beer between bonded facilities

223 words · amended 4 times · cited by 2 other sections

Compare on Cornell LII Official XML (House)

No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Added in 1958 by the Technical Amendments Act of 1958. Last changed December 27, 2020 by the Consolidated Appropriations Act, 2021.

Every change, newest first (5)
  1. December 27, 2020Consolidated Appropriations Act, 2021
  2. December 20, 2019Further Consolidated Appropriations Act, 2020 (SECURE Act)
  3. December 22, 2017Tax Cuts and Jobs Act (2017)
  4. October 4, 1976Tax Reform Act of 1976
  5. September 2, 1958Technical Amendments Act of 1958 · added this section

The law as written

Current through Public Law 119-102. Amendment notes omitted.

Structure

  1. (a) In general
  2. (b) Transfer of liability for tax
(a) In general

Beer may be removed from one brewery to another brewery, without payment of tax, and may be mingled with beer at the receiving brewery, subject to such conditions, including payment of the tax, and in such containers, as the Secretary by regulations shall prescribe, which shall include—

(1)

any removal from one brewery to another brewery belonging to the same brewer,

(2)

any removal from a brewery owned by one corporation to a brewery owned by another corporation when—

(A)

one such corporation owns the controlling interest in the other such corporation, or

(B)

the controlling interest in each such corporation is owned by the same person or persons, and

(3)

any removal from one brewery to another brewery when—

(A)

the proprietors of transferring and receiving premises are independent of each other and neither has a proprietary interest, directly or indirectly, in the business of the other, and

(B)

the transferor has divested itself of all interest in the beer so transferred and the transferee has accepted responsibility for payment of the tax.

(b) Transfer of liability for tax

For purposes of subsection (a)(3), such relief from liability shall be effective from the time of removal from the transferor’s premises, or from the time of divestment of interest, whichever is later.