Internal Revenue Code:Sec. 5705. Credit, refund, or allowance of tax

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Contents


Location in Internal Revenue Code


     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
       CHAPTER 52 - TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES
        Subchapter A - Definitions; Rate and Payment of Tax; Exemption From
              Tax; and Refund and Drawback of Tax
       

Statute

    Sec. 5705. Credit, refund, or allowance of tax
 
    (a) Credit or refund
      Credit or refund of any tax imposed by this chapter or section
    7652 shall be allowed or made (without interest) to the
    manufacturer, importer, or export warehouse proprietor, on proof
    satisfactory to the Secretary that the claimant manufacturer,
    importer, or export warehouse proprietor has paid the tax on
    tobacco products and cigarette papers and tubes withdrawn by him
    from the market; or on such articles lost (otherwise than by theft)
    or destroyed, by fire, casualty, or act of God, while in the
    possession of ownership of the claimant.
    (b) Allowance
      If the tax has not yet been paid on tobacco products and
    cigarette papers and tubes provided to have been withdrawn from the
    market or lost or destroyed as aforesaid, relief from the tax on
    such articles may be extended upon the filing of a claim for
    allowance therefor in accordance with such regulations as the
    Secretary shall prescribe.
    (c) Limitation
      Any claim for credit or refund of tax under this section shall be
    filed within 6 months after the date of the withdrawal from the
    market, loss, or destruction of the articles to which the claim
    relates, and shall be in such form and contain such information as
    the Secretary shall by regulations prescribe.
 

Sources

    (Aug. 16, 1954, ch. 736, 68A Stat. 709; Pub. L. 85-859, title II,
    Sec. 202, Sept. 2, 1958, 72 Stat. 1419; Pub. L. 89-44, title VIII,
    Sec. 808(b)(1), (2), (c)(1), June 21, 1965, 79 Stat. 164, 165; Pub.
    L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat.
    1834.)
 

Miscellaneous

                                 AMENDMENTS
      1976 - Pub. L. 94-455 struck out ''or his delegate'' after
    ''Secretary'' wherever appearing.
      1965 - Pub. L. 89-44, Sec. 808(c)(1), struck out ''Refund or''
    and inserted in lieu thereof ''Credit, refund, or'' in section
    catchline.
      Subsec. (a). Pub. L. 89-44, Sec. 808(b)(1), substituted ''Credit
    or refund'' for ''Refund'' in heading and struck out ''Refund of
    any tax imposed by this chapter shall be made'', replacing it with
    ''Credit or refund of any tax imposed by this chapter or section
    7652 shall be allowed or made''.
      Subsec. (c). Pub. L. 89-44, Sec. 808(b)(2), inserted ''credit
    or'' before ''refund''.
      1958 - Subsec. (a). Pub. L. 85-859 authorized refunds to export
    warehouse proprietors, provided for refunds to be made without
    interest, and eliminated provisions which authorized refunds where
    the tax has been paid in error.
      Subsec. (b). Pub. L. 85-859 permitted relief where a tax has not
    yet been paid on tobacco products and cigarette papers and tubes
    proved to have been withdrawn from the market.
      Subsec. (c). Pub. L. 85-859 substituted ''under this section
    shall be filed within 6 months after the date of the withdrawal
    from the market, loss, or destruction of the articles to which the
    claim relates'' for ''imposed by this chapter shall be filed within
    3 years of the date of payment of tax''.
                      EFFECTIVE DATE OF 1965 AMENDMENT
      Section 808(d)(2) of Pub. L. 89-44 provided that: ''The
    amendments made by subsections (b)(1), (2), and (c) (amending this
    section) shall take effect on October 1, 1965.''
                      EFFECTIVE DATE OF 1958 AMENDMENT
      Amendment by Pub. L. 85-859 effective Sept. 3, 1958, see section
    210(a)(1) of Pub. L. 85-859, set out as an Effective Date note
    under section 5001 of this title.
 

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