[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR19.21]

[Page 322]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 19_DISTILLED SPIRITS PLANTS--Table of Contents
 
                             Subpart C_Taxes
 
Sec. 19.21  Tax.

                             Gallonage Taxes


    (a) A tax is imposed by 26 U.S.C. 5001 and 7652 on all spirits 
produced in, imported into or brought into the United States at the rate 
prescribed in section 5001 on each proof gallon and a proportionate tax 
at a like rate on all fractional parts of a proof gallon. Wines 
containing more than 24 percent of alcohol by volume are taxed as 
spirits. All products of distillation, by whatever name known, which 
contain spirits, on which the tax imposed by law has not been paid, and 
any alcoholic ingredient added to such products, are considered and 
taxed as spirits.
    (b) A credit against the tax imposed on distilled spirits by 26 
U.S.C. 5001 or 7652 is allowable under 26 U.S.C. 5010 on each proof 
gallon of alcohol derived from eligible wine or from eligible flavors 
which do not exceed 2\1/2\ percent of the finished product on a proof 
gallon basis. The credit is allowable at the time the tax is payable as 
if it constituted a reduction in the rate of tax.
    (c) Where credit against the tax is desired, the person liable for 
the tax shall establish an effective tax rate in accordance with Sec. 
19.34. The effective tax rate established will be applied to each 
withdrawal or other taxable disposition of the distilled spirits.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1314, as amended (26 U.S.C. 5001); 
Sec. 6, Pub. L. 96-598, 94 Stat. 3488, as amended (26 U.S.C. 5010); Act 
of August 16, 1954, Pub. L. 591, 68A Stat. 907, as amended (26 U.S.C. 
7652)).

[T.D. ATF-297, 55 FR 18061, Apr. 30, 1990]