[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: 27CFR22.37] [Page 563-564] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY PART 22_DISTRIBUTION AND USE OF TAX-FREE ALCOHOL--Table of Contents Subpart Ca_Special (Occupational) Taxes Sec. 22.37 Liability for special tax. Source: T.D. ATF-271, 53 FR 17545, May 17, 1988, unless otherwise noted. (a) Tax-free alcohol permittee. Except as otherwise provided in this section, every person who is required to hold a permit under 26 U.S.C. 5271 to procure, use, sell, and/or recover alcohol free of tax for nonbeverage purposes shall pay a special (occupational) tax at the rate of $250 per year. A separate tax shall be paid for each tax-free alcohol permit which the permittee holds, and permits issued under this part shall not be valid unless special tax is paid. The tax shall be paid on or before the date of commencing the business of a tax-free alcohol permittee, and thereafter every year on or before July 1. On commencing business, the tax shall be computed from the first day of the month in which liability is incurred, through the following June 30. Thereafter, the tax shall be computed for the entire year (July 1 through June 30). [[Page 564]] (b) Transition rule. For purposes of paragraph (a) of this section, a permittee engaged in nonbeverage tax-free distilled spirits operations on January 1, 1988, shall be treated as having commenced business on that date. The special tax imposed by this transition rule shall cover the period January 1, 1988, through June 30, 1988, and shall be paid on or before April 1, 1988. (c) Each place of business taxable. Special (occupational) tax liability is incurred at each place of business for which a permit under subpart D of this part to procure, use, and/or recover distilled spirits free of tax has been issued. A place of business means the entire office, plant or area of the business in any one location under the same proprietorship. Passageways, streets, highways, rail crossings, waterways, or partitions dividing the premises are not sufficient separation to require additional special tax, if the divisions of the premises are otherwise contiguous. (d) Exception for United States. Agencies and instrumentalities of the United States are not required to pay special tax under this subpart. (e) Exception for certain educational institutions. (1) On and after July 1, 1989, a scientific university, college of learning, or institution of scientific research as specified in Sec. 22.104, which holds a permit to procure and use distilled spirits free of tax under this part, is not required to pay special tax under this subpart if-- (i) The university, college, or institution procures less than 25 gallons of tax free spirits per calendar year; and (ii) Such spirits are procured for use exclusively for experimental or research use and not for consumption (other than organoleptic tests) or sale. (2) A scientific university, college of learning, or institution of scientific research, which holds a permit under this part, and which does not operate as described in paragraphs (e)(1) (i) and (ii) of this section during any calendar year, shall pay special tax as provided in paragraph (a) of this section for the special tax year (July 1 through June 30) commencing during that calendar year. (26 U.S.C. 5143, 5276) [T.D. ATF-271, 53 FR 17545, May 17, 1988, as amended by T.D. ATF-285, 53 FR 12610, Mar. 28, 1989; T.D. ATF-337, 58 FR 19061, Apr. 12, 1993]