[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: 27CFR19.42]

[Page 364-365]
 
            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.  19.42  Claims on spirits returned to bonded premises.

    (a) Claims for credit or refund of tax on spirits which have been 
withdrawn from bonded premises on payment or determination of tax and 
which are returned under 26 U.S.C. 5215 shall be filed with the 
appropriate TTB officer and shall set forth the following:
    (1) Quantity of spirits so returned;
    (2) Amount of tax for which the claim is filed;
    (3) Name, address, and plant number of the plant to which the 
spirits were returned and the date of the return;
    (4) The purpose for which returned; and
    (5) The serial number of the gauge record on which the spirits were 
returned.
    (b) If the alcoholic content of the spirits contain at least 92 
percent Puerto Rican or Virgin Islands rum, or if the spirits contain 
rum imported from any area other than Puerto Rico and the Virgin 
Islands, the claim shall show:
    (1) Proof gallons of the finished product derived from Puerto Rican 
or Virgin Islands spirits, or derived from rum imported from any other 
area; and
    (2) The amount of tax imposed by 26 U.S.C. 7652 or 26 U.S.C. 5001, 
determined at the time of withdrawal from bond, on the Puerto Rican or 
Virgin Islands spirits, or on the rum imported from any other area, 
contained in the product.

[[Page 365]]

    (c) Claims for credit or refund of tax on spirits containing 
eligible wine or eligible flavors must set forth the date and serial 
number of the record of tax determination and the effective tax rate at 
which the tax was paid or determined. If this information is not 
provided, the amount of tax claimed will be based on the lowest 
effective tax rate applied to the product.
    (d) Claims for credit or refund of tax shall be filed by the 
proprietor of the plant to which the spirits were returned within six 
months of the date of the return. No interest is allowed on any claims 
for refund or credit.

[T.D. ATF-198, 50 FR 8464, Mar. 1, 1985, as amended by T.D. ATF-233, 51 
FR 28077, Aug. 5, 1986; T.D. ATF-297, 55 FR 18063, Apr. 30, 1990]