[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: 27CFR53.151]

[Page 1017-1018]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 53_MANUFACTURERS EXCISE TAXES_FIREARMS AND AMMUNITION--Table of 
Contents
 
    Subpart L_Refunds and Other Administrative Provisions of Special 
                   Application to Manufacturers Taxes
 
Sec. 53.151  Returns.


    (a) In general. (1) Liability for tax imposed under chapter 32 of 
the Code shall be reported on ATF Form 5300.26, Federal Firearms and 
Ammunition Excise Tax Return. Except as provided in paragraphs (a)(2) 
and (b) of this section, a return on Form 5300.26 shall be filed for a 
period of one calendar quarter.
    (2) Return periods after September 30, 1992. For return periods 
after September 30, 1992, every person required to make a return on ATF 
Form 5300.26 who does not incur any firearms and ammunition excise tax 
liability in a given calandar quarter shall not be required to file a 
return on ATF Form 5300.26 for that calandar quarter. Except as provided 
in paragraph (a)(5) of this section, every person required to make a 
return on ATF Form 5300.26 who does not incur any firearms and 
ammunition excise tax liability for the entire calendar year and who has 
not filed a final return in accordance with Sec. 53.152 shall file an 
annual return on ATF Form 5300.26.
    (3) Return periods prior to October 1, 1992. For return periods 
prior to October 1, 1992, every person required to make a return on ATF 
Form 5300.26 shall make a return for each calendar quarter (whether or 
not liability was incurred for any tax reportable on the return for the 
return period) until the person has filed a final return in accordance 
with Sec. 53.152.
    (4) Forms, etc. Each return required under the regulations in this 
part, together with any prescribed copies, records, or supporting data, 
shall be completed in accordance with the applicable forms, 
instructions, and regulations.
    (5) Special rule for one-time or occasional filings for return 
periods on or after July 1, 1995. One-time or occasional filers are not 
required to file quarterly or annual returns pursuant to paragraph 
(a)(2) of this section if the person reporting tax does not engage in 
any activity with respect to which tax is reportable on the return in 
the course of a trade or business. Such persons shall file and pay tax 
for periods only when liability is incurred. See Sec. 53.159(b)(2), 
providing that a deposit of taxes is not required for a one-time or 
occasional filing.
    (b) Monthly and semimonthly returns--(1) Requirement. If the 
appropriate ATF officer determines that any taxpayer who is required to 
deposit taxes under the provision of Sec. Sec. 53.157 or 53.159 has 
failed to make deposits of those taxes, the taxpayer shall be required, 
if so notified in writing by the appropriate ATF officer, to file a 
monthly or semimonthly return on ATF Form 5300.26. Every person so 
notified by the appropriate ATF officer shall file a return for the 
calendar month or semimonthly period in which the notice is received and 
for each calendar month or semimonthly period thereafter until the 
person has filed a final return in accordance with Sec. 53.152 or is 
required to file returns on the basis of a different

[[Page 1018]]

return period pursuant to notification as provided in paragraph (b)(2) 
of this section.
    (2) Change of requirement. The appropriate ATF officer may require 
the taxpayer, by notice in writing, to file a quarterly or monthly 
return, if the taxpayer has been filing returns for a semimonthly 
period, or may require the taxpayer to file a quarterly or semimonthly 
return, if the taxpayer has been filing monthly returns.
    (3) Return for period change takes effect. (i) If a taxpayer who has 
been filing quarterly returns receives notice to file a monthly or 
semimonthly return, or a taxpayer who has been filing monthly returns 
receives notice to file a semimonthly return, the first return required 
pursuant to the notice shall be filed for the month or semimonthly 
period in which the notice is received and all months or semimonthly 
periods which are not includable in an earlier period for which the 
taxpayer is required to file a return.
    (ii) If a taxpayer who has been filing monthly or semimonthly 
returns receives notice to file a quarterly return, the last month or 
semimonthly period for which a return shall be filed is the last month 
or semimonthly period of the calendar quarter in which the notice is 
received.
    (iii) If a taxpayer who has been filing semimonthly returns receives 
notice to file a monthly return, the last semimonthly period for which a 
return shall be made is the last semimonthly period of the month in 
which the notice is received.

[T.D. ATF-308, 56 FR 303, Jan. 3, 1991, as amended by T.D. ATF-330, 57 
FR 40325, Sept. 3, 1992; T.D. ATF-365, 60 FR 33671, June 28, 1995]