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—
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.
The Federal Alcohol Administration Act, referred to in subsec. (b), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, as amended, which is classified generally to subchapter I (§ 201 et seq.) of chapter
8 of Title
27, Intoxicating Liquors. For complete classification of this Act to the Code, see section
201 of Title
27 and Tables.
A prior section
5011, act Aug. 16, 1954, ch. 736, 68A Stat. 604, related to abatement, remission, refund and allowance for loss or destruction of distilled spirits, prior to the general revision of this chapter by Pub. L. 85–859.
A prior section
5012, act Aug. 16, 1954, ch. 736, 68A Stat. 605, related to drawback on exportation of distilled spirits, prior to the general revision of this chapter by Pub. L. 85–859.
Section applicable to taxable years beginning after Sept. 30, 2005, see section 11126(d) ofPub. L. 109–59, set out as an Effective Date of 2005 Amendments note under section
38 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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