Title 26, Internal Revenue CodeRelease 119-110
§5053 Exemptions
Title 26 › Subtitle E — Alcohol, Tobacco, and Certain Other Excise Taxes › CHAPTER 51 — DISTILLED SPIRITS, WINES, AND BEER › Subchapter A — Gallonage and Occupational Taxes › PART I — GALLONAGE TAXES › Subpart D — Beer › § 5053
Summary
Allows brewers to remove beer from the brewery without paying federal tax in certain situations, as long as the Treasury Department sets rules and any needed notices, entries, bonds, or limits are met. These situations include export; beer that is sour or damaged and sent for manufacturing; beer taken out for lab analysis; beer used for research, development, or testing (but not consumer testing or market research); beer sent to a distillery as distilling material; beer withdrawn and given for use by eligible foreign governments or officials under the same rules as imported beer; beer taken out to be destroyed; and supplies for certain vessels and aircraft under the Tariff Act of 1930. Any adult may make beer tax-free for personal or family use, not for sale, subject to limits of 200 gallons per year for households with two or more adults and 100 gallons per year for a one-adult household. “Adult” means someone at least 18 years old, or the higher local minimum sale age, whichever is greater.
Full Legal Text
Title 26, §5053
Internal Revenue Code, Source: USLM XML via OLRC
(a)Removals for export
Beer may be removed from the brewery, without payment of tax, for export, in such containers and under such regulations, and on the giving of such notices, entries, and bonds and other security, as the Secretary may by regulations prescribe.
(b)Removals when unfit for beverage use
When beer has become sour or damaged, so as to be incapable of use as such, a brewer may remove the same from his brewery without payment of tax, for manufacturing purposes, under such regulations as the Secretary may prescribe.
(c)Removals for laboratory analysis
Beer may be removed from the brewery, without payment of tax, for laboratory analysis, subject to such limitations and under such regulations as the Secretary may prescribe.
(d)Removals for research, development, or testing
Under such conditions and regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment relating to beer or brewery operations.
(e)Beer for personal or family use
Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed—
(1)200 gallons per calendar year if there are 2 or more adults in such household, or
(2)100 gallons per calendar year if there is only 1 adult in such household.
For purposes of this subsection, the term “adult” means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.
(f)Removal for use as distilling material
Subject to such regulations as the Secretary may prescribe, beer may be removed from a brewery without payment of tax to any distilled spirits plant for use as distilling material.
(g)Removals for use of foreign embassies, legations, etc.
(1)In general
Subject to such regulations as the Secretary may prescribe—
(A)beer may be withdrawn from the brewery without payment of tax for transfer to any customs bonded warehouse for entry pending withdrawal therefrom as provided in subparagraph (B), and
(B)beer entered into any customs bonded warehouse under subparagraph (A) may be withdrawn for consumption in the United States by, and for the official and family use of, such foreign governments, organizations, and individuals as are entitled to withdraw imported beer from such warehouses free of tax.
Beer transferred to any customs bonded warehouse under subparagraph (A) shall be entered, stored, and accounted for in such warehouse under such regulations and bonds as the Secretary may prescribe, and may be withdrawn therefrom by such governments, organizations, and individuals free of tax under the same conditions and procedures as imported beer.
(2)Other rules to apply
Rules similar to the rules of paragraphs (2) and (3) of section 5362(e) shall apply for purposes of this subsection.
(h)Removals for destruction
Subject to such regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for destruction.
(i)Removal as supplies for certain vessels and aircraft
For exemption as to supplies for certain vessels and aircraft, see section 309 of the Tariff Act of 1930, as amended (19 U.S.C. 1309).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 5053, act Aug. 16, 1954, ch. 736, 68A Stat. 612, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.
Amendments
1997—Subsec. (f). Pub. L. 105–34, § 1414(b), added subsec. (f). Former subsec. (f) redesignated (i). Subsec. (g). Pub. L. 105–34, § 1418(a), added subsec. (g). Subsec. (h). Pub. L. 105–34, § 1419(a), added subsec. (h). Subsec. (i). Pub. L. 105–34, § 1414(b), redesignated subsec. (f) as (i). 1978—Subsecs. (e), (f). Pub. L. 95–458 added subsec. (e) and redesignated former subsec. (e) as (f). 1976—Subsecs. (a) to (d). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing. 1971—Subsecs. (d), (e). Pub. L. 91–673 added subsec. (d) and redesignated former subsec. (d) as (e). 1965—Subsec. (a). Pub. L. 89–44 struck out “to a foreign country” after “export”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1997 Amendment Pub. L. 105–34, title XIV, § 1414(d), Aug. 5, 1997, 111 Stat. 1047, provided that: “The
Amendments
made by this section [amending this section and section 5056 and 5222 of this title] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].” Pub. L. 105–34, title XIV, § 1418(b), Aug. 5, 1997, 111 Stat. 1049, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].” Pub. L. 105–34, title XIV, § 1419(b), Aug. 5, 1997, 111 Stat. 1049, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st calendar quarter that begins at least 180 days after the date of the enactment of this Act [Aug. 5, 1997].”
Effective Date
of 1978 AmendmentAmendment by Pub. L. 95–458 effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) of Pub. L. 95–458, set out as a note under section 5042 of this title.
Effective Date
of 1971 AmendmentAmendment by Pub. L. 91–673 effective on first day of first calendar month which begins more than 90 days after Jan. 12, 1971, see section 5 of Pub. L. 91–673, set out as a note under section 5056 of this title.
Effective Date
of 1965 AmendmentAmendment by Pub. L. 89–44 effective July 1, 1965, see section 807(c) of Pub. L. 89–44, set out as a note under section 5002 of this title.
Reference
Citations & Metadata
Citation
26 U.S.C. § 5053
Title 26, Internal Revenue Code
Last Updated
Sep 22, 2026
Release point: 119-110