[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR24.55]

[Page 535-536]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 24--WINE--Table of Contents
 
         Subpart C--Administrative and Miscellaneous Provisions
 
Sec. 24.55  Changes in special (occupational) tax stamps.

    (a) Change in name. If there is a change in the corporate or firm 
name, or in the trade name, as shown on ATF F 5630.5, the proprietor 
shall file an amended special (occupational) tax return as soon as 
practicable after the change covering the new corporate or firm name, or 
trade name. No new special (occupational) tax is required to be paid. 
The proprietor shall attach the special (occupational) tax stamp for 
endorsement of the change in name.
    (b) Change in proprietorship--(1) General. If there is a change in 
the proprietorship of a bonded wine premises or taxpaid wine bottling 
house, the successor shall pay a new special (occupational) tax and 
obtain the required special (occupational) tax stamps.
    (2) Exemption for certain successors. Persons having the right of 
succession provided for in paragraph (c) of this section may carry on 
the business for the remainder of the period for which the special 
(occupational) tax was paid, without paying a new special (occupational) 
tax, if within 30 days after the date on which the successor begins to 
carry on the business, the successor files a special (occupational) tax 
return on ATF F 5630.5 with ATF, which shows the basis of succession. A 
person who is a successor to a business for which special (occupational) 
tax has been paid and who fails to register the succession is liable for 
special (occupational) tax computed from the first day of the calendar 
month in which he or she began to carry on the business.
    (c) Persons having right of succession. Under the conditions 
indicated in paragraph (b)(2) of this section, the right of succession 
will pass to certain persons in the following cases:
    (1) Death. The widowed spouse or child, or executor, administrator, 
or other legal representative of the taxpayer;

[[Page 536]]

    (2) Succession of spouse. A husband or wife succeeding to the 
business of his or her spouse (living);
    (3) Insolvency. A receiver or trustee in bankruptcy, or an assignee 
for benefit of creditors; and
    (4) Withdrawal from firm. The partner or partners remaining after 
death or withdrawal of a member;
    (d) Change in location. If there is a change in location of a 
taxable place of business, the proprietor shall, within 30 days after 
the change, file with ATF an amended special (occupational) tax return 
covering the new location. The proprietor shall attach the special 
(occupational) tax stamp or stamps for endorsement of the change in 
location. No new special (occupational) tax is required to be paid. 
However, if the proprietor does not file the amended return within 30 
days, the proprietor is required to pay a new special (occupational) tax 
and obtain a new special (occupational) tax stamp. (26 U.S.C. 5143, 
7011)

(Approved by the Office of Management and Budget under control numbers 
1512-0472 and 1512-0492)

                               Assessments