[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR19.24]

[Page 360-361]
 
            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.  19.24  Persons liable for tax.

    (a) Distilling. 26 U.S.C. 5005 provides that the distiller of 
spirits is liable for the tax and that each proprietor or possessor of, 
and person in any manner interested in the use of, any still, distilling 
apparatus, or distillery, shall be jointly and severally liable for the 
tax on distilled spirits produced. However, a person, not an officer or 
director of a corporate proprietor, owning or having the right of 
control of not more than 10 percent of any class of stock of that 
proprietor, is not liable by reason of the stock ownership or control. 
Persons transferring spirits in bond so liable for the tax are relieved 
of liability if
    (1) The proprietors of transferring and receiving premises are 
independent of each other and neither has a proprietary interest, 
directly or indirectly, in the business of the other, and
    (2) No person so liable for the tax on the spirits transferred 
retains any interest in the spirits.
    (b) Storage on bonded premises. 26 U.S.C. 5005(c) provides that each 
person operating bonded premises shall be liable for the tax on all 
spirits while the spirits are stored on the premises, and on all spirits 
which are in transit to the premises from the time of removal from the 
transferor's bonded premises, pursuant to an approved application. 
Liability for the tax continues until the spirits are transferred or 
withdrawn from bonded premises as authorized by law, or until the 
liability for tax is relieved under the provisions of 26 U.S.C. 5008(a). 
Claims for relief from liability for spirits lost are provided for in 
Sec.  19.41. Voluntary destruction of spirits in bond is provided for in 
subpart U of this part.
    (c) Withdrawals without payment of tax. Under 26 U.S.C. 5005(e), any 
person who withdraws spirits from the bonded premises of a plant without 
payment of tax, as provided in 26 U.S.C. 5214, shall be liable for the 
tax on the spirits from the time of withdrawal. The person shall be 
relieved of any liability at the time the spirits are exported, 
deposited in a foreign-trade zone, used in production of wine, deposited 
in a customs bonded warehouse, laden as supplies upon or used in the 
maintenance or repair of certain vessels or aircraft, or used for 
certain research, development or testing, as provided by law.
    (d) Withdrawals free of tax. Persons liable for tax under paragraph 
(a) of this section, are relieved of the liability on spirits withdrawn 
from bonded premises free of tax under this part, at the time the 
spirits are withdrawn.
    (e) Withdrawn from customs custody without payment of tax. 26 U.S.C. 
5232(a) provides that when imported distilled spirits in bulk containers 
are withdrawn from customs custody and transferred to the bonded 
premises of a distilled spirits plant without payment of the tax imposed 
on imported distilled spirits by 26 U.S.C. 5001, the person operating 
the bonded premises of the distilled spirits plant to which spirits are 
transferred shall become liable for the tax on the spirits upon their 
release

[[Page 361]]

from customs custody, and the importer shall thereupon be relieved of 
liability for the tax.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1318, as amended (26 U.S.C. 5005); 
sec. 3, Pub. L. 90-630, 82 Stat. 1328, as amended (26 U.S.C. 5232); sec. 
3, Pub. L. 91-659, 84 Stat. 1965, as amended (26 U.S.C. 5066))