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Title 26 — Internal Revenue CodeRelease 119-73

§5291 General

Title 26 › Subtitle Subtitle E— - Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 51— - DISTILLED SPIRITS, WINES, AND BEER › Subchapter Subchapter E— - General Provisions Relating to Distilled Spirits › Part PART I— - RETURN OF MATERIALS USED IN THE MANUFACTURE OR RECOVERY OF DISTILLED SPIRITS › § 5291

Last updated Apr 6, 2026|Official source

Summary

People who get rid of substances used to make distilled spirits, denatured distilled spirits, or items that could be used to recover spirits must, if the Secretary asks, send a truthful report in the form the Secretary requires. The report must name who received each item, their address, how much was sent, and any other facts needed to check that taxes on any spirits made or recovered were paid. Those people must keep records that let them make the report, keep the records for the time the Secretary requires, and let tax officials inspect them during business hours. Definitions: "distilled spirits" — defined in section 5002(a)(8); "articles" — defined in section 5002(a)(14); penalty for breaking this rule — in section 5605.

Full Legal Text

Title 26, §5291

Internal Revenue Code — Source: USLM XML via OLRC

(a)Every person disposing of any substance of the character used in the manufacture of distilled spirits, or disposing of denatured distilled spirits or articles from which distilled spirits may be recovered, shall, when required by the Secretary, render a correct return, in such form and manner as the Secretary may by regulations prescribe, showing the name and address of the person to whom each disposition was made, with such details, as to the quantity so disposed of or other information which the Secretary may require as to each such disposition, as will enable the Secretary to determine whether all taxes due with respect to any distilled spirits manufactured or recovered from any such substance, denatured, distilled spirits, or articles, have been paid. Every person required to render a return under this section shall keep such records as will enable such person to render a correct return. Such records shall be preserved for such period as the Secretary shall by regulations prescribe, and shall be kept available for inspection by any internal revenue officer during business hours.
(b)(1)For the definition of distilled spirits, see section 5002(a)(8).
(2)For the definition of articles, see section 5002(a)(14).
(3)For penalty for violation of subsection (a), see section 5605.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those comprising this section were contained in prior section 5213, act Aug. 16, 1954, ch. 736, 68A Stat. 639, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

1979—Subsec. (b)(1). Pub. L. 96–39, § 807(a)(40)(A), substituted “section 5002(a)(8)” for “section 5002(a)(6)”. Subsec. (b)(2). Pub. L. 96–39, § 807(a)(40)(B), substituted “section 5002(a)(14)” for “section 5002(a)(11)”. 1976—Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as a note under section 5001 of this title.

Effective Date

Section effective July 1, 1959, see section 210(a)(1) of Pub. L. 85–859, set out as a note under section 5001 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 5291

Title 26 — Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73