Internal Revenue Code:Sec. 5081. Imposition and rate of tax

From TaxAlmanac

Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
       CHAPTER 51 - DISTILLED SPIRITS, WINES, AND BEER
        Subchapter A - Gallonage and Occupational Taxes
         PART II - OCCUPATIONAL TAX
          Subpart A - Proprietors of Distilled Spirits Plants, Bonded Wine
                Cellars, Etc.
         

Statute

    Sec. 5081. Imposition and rate of tax
 
    (a) General rule
      Every proprietor of -
        (1) a distilled spirits plant,
        (2) a bonded wine cellar,
        (3) a bonded wine warehouse, or
        (4) a taxpaid wine bottling house,
    shall pay a tax of $1,000 per year in respect of each such
    premises.
    (b) Reduced rates for small proprietors
      (1) In general
        Subsection (a) shall be applied by substituting ''$500'' for
      ''$1,000'' with respect to any taxpayer not described in
      subsection (c) the gross receipts of which (for the most recent
      taxable year ending before the 1st day of the taxable period to
      which the tax imposed by subsection (a) relates) are less than
      $500,000.
      (2) Controlled group rules
        All persons treated as 1 taxpayer under section 5061(e)(3)
      shall be treated as 1 taxpayer for purposes of paragraph (1).
      (3) Certain rules to apply
        For purposes of paragraph (1), rules similar to the rules of
      subparagraphs (B) and (C) of section 448(c)(3) shall apply.
    (c) Exemption for small producers
      Subsection (a) shall not apply with respect to any taxpayer who
    is a proprietor of an eligible distilled spirits plant (as defined
    in section 5181(c)(4)).
 

Sources

    (Added Pub. L. 100-203, title X, Sec. 10512(a)(1)(A), Dec. 22,
    1987, 101 Stat. 1330-447; amended Pub. L. 100-647, title VI, Sec.
    6106(a), (b), Nov. 10, 1988, 102 Stat. 3712.)
 

Miscellaneous

                              PRIOR PROVISIONS
      Prior sections 5081 to 5084 of this title constituted a former
    subpart A of this part, see Prior Provisions note set out preceding
    this section.
                                 AMENDMENTS
      1988 - Subsec. (b)(1). Pub. L. 100-647, Sec. 6106(b), inserted
    ''not described in subsection (c)'' after ''taxpayer''.
      Subsec. (c). Pub. L. 100-647, Sec. 6106(a), added subsec. (c).
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 6106(c) of Pub. L. 100-647 provided that: ''The
    amendments made by this section (amending this section) shall take
    effect on July 1, 1989.''
                               EFFECTIVE DATE
      Section 10512(h) of Pub. L. 100-203 provided that:
      ''(1) In general. - The amendments made by this section (enacting
    this section and sections 5276 and 5731 of this title and amending
    sections 5091, 5111, 5121, 5131, 5691, and 5801 of this title)
    shall take effect on January 1, 1988.
      ''(2) All taxpayers treated as commencing in business on january
    1, 1988. -
        ''(A) In general. - Any person engaged on January 1, 1988, in
      any trade or business which is subject to an occupational tax
      shall be treated for purposes of such tax as having 1st engaged
      in such trade or business on such date.
        ''(B) Limitation on amount of tax. - In the case of a taxpayer
      who paid an occupational tax in respect of any premises for any
      taxable period which began before January 1, 1988, and includes
      such date, the amount of the occupational tax imposed by reason
      of subparagraph (A) in respect of such premises shall not exceed
      an amount equal to 1/2 the excess (if any) of -
          ''(i) the rate of such tax as in effect on January 1, 1988,
        over
          ''(ii) the rate of such tax as in effect on December 31,
        1987.
        ''(C) Occupational tax. - For purposes of this paragraph, the
      term 'occupational tax' means any tax imposed under part II of
      subchapter A of chapter 51, section 5276, section 5731, or
      section 5801 of the Internal Revenue Code of 1986 (as amended by
      this section).
        ''(D) Due date of tax. - The amount of any tax required to be
      paid by reason of this paragraph shall be due on April 1, 1988.''
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 5091 of this title.