§5314 — Title 26 Internal Revenue Code | U.S. Code

Summary

Distilled spirits made in Puerto Rico or the U.S. Virgin Islands can be shipped to the United States free of federal alcohol tax, but only for certain tax-free uses, such as denatured spirits (alcohol made undrinkable for industrial use) and products made from them. The same federal rules that govern producing, storing, and denaturing spirits in the States also apply to these shipments. These rules apply in Puerto Rico only if its Legislative Assembly formally consents. Spirits withdrawn in Puerto Rico under Puerto Rico's own laws do not get this tax-free treatment when brought to the mainland. Each territory helps cover the cost of enforcement. For Puerto Rico, the Treasury keeps part of the taxes collected on Puerto Rican goods to pay its enforcement expenses. The Virgin Islands government must advance funds to the U.S. Treasury for enforcement there, and its Governor may be authorized to issue permits and regulations, though tax-free products shipped to the States must still meet the same standards as domestic ones.

Title 26, §5314

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)The provisions of this subsection shall not apply to the Commonwealth of Puerto Rico unless the Legislative Assembly of the Commonwealth of Puerto Rico expressly consents thereto in the manner prescribed in the constitution of the Commonwealth of Puerto Rico, for the enactment of a law.

(2)Distilled spirits for the purposes authorized in section 5214(a)(2) and (3), denatured distilled spirits, and articles, as described in this paragraph, produced or manufactured in Puerto Rico, may be brought into the United States free of any tax imposed by section 5001(a)(9) or 7652(a)(1) for disposal under the same conditions as like spirits, denatured spirits, and articles, produced or manufactured in the United States; and the provisions of this chapter and regulations promulgated thereunder (and all other provisions of the internal revenue laws applicable to the enforcement thereof, including the penalties of special application thereto) relating to the production, bonded warehousing, and denaturation of distilled spirits, to the withdrawal of distilled spirits or denatured distilled spirits, and to the manufacture of articles from denatured distilled spirits, shall, insofar as applicable, extend to and apply in Puerto Rico in respect of—

(A)distilled spirits for shipment to the United States for the purposes authorized in section 5214(a)(2) and (3);

(B)distilled spirits for denaturation;

(C)denatured distilled spirits for shipment to the United States;

(D)denatured distilled spirits for use in the manufacture of articles for shipment to the United States; and

(E)articles, manufactured from denatured distilled spirits, for shipment to the United States.

(3)Distilled spirits (including denatured distilled spirits) may be withdrawn from the bonded premises of a distilled spirits plant in Puerto Rico pursuant to authorization issued under the laws of the Commonwealth of Puerto Rico; such spirits so withdrawn, and products containing such spirits so withdrawn, may not be brought into the United States free of tax.

(4)Any expenses incurred by the Treasury Department in connection with the enforcement in Puerto Rico of the provisions of this subtitle and section 7652(a), and regulations promulgated thereunder, shall be charged against and retained out of taxes collected under this title in respect of commodities of Puerto Rican manufacture brought into the United States. The funds so retained shall be deposited as a reimbursement to the appropriation to which such expenses were originally charged.

(b)(1)Distilled spirits for the purposes authorized in section 5214(a)(2) and (3), denatured distilled spirits, and articles, as described in this paragraph, produced or manufactured in the Virgin Islands, may be brought into the United States free of any tax imposed by section 7652(b)(1) for disposal under the same conditions as like spirits, denatured spirits, and articles, produced or manufactured in the United States; and the provisions of this chapter and regulations promulgated thereunder (and all other provisions of the internal revenue laws applicable to the enforcement thereof, including the penalties of special application thereto) relating to the production, bonded warehousing, and denaturation of distilled spirits, to the withdrawal of distilled spirits or denatured distilled spirits, and to the manufacture of articles from denatured distilled spirits, shall, insofar as applicable, extend to and apply in the Virgin Islands in respect of—

(A)distilled spirits for shipment to the United States for the purposes authorized in section 5214(a)(2) and (3);

(B)distilled spirits for denaturation;

(C)denatured distilled spirits for shipment to the United States;

(D)denatured distilled spirits for use in the manufacture of articles for shipment to the United States; and

(E)articles, manufactured from denatured distilled spirits, for shipment to the United States.

(2)The insular government of the Virgin Islands shall advance to the Treasury of the United States such funds as may be required from time to time by the Secretary for the purpose of defraying all expenses incurred by the Treasury Department in connection with the enforcement in the Virgin Islands of paragraph (1) and regulations promulgated thereunder. The funds so advanced shall be deposited in a separate trust fund in the Treasury of the United States and shall be available to the Treasury Department for the purposes of this subsection.

(3)The Secretary may authorize the Governor of the Virgin Islands, or his duly authorized agents, to issue or adopt such regulations, to approve such bonds, and to issue, suspend, or revoke such permits, as are necessary to carry out the provisions of this subsection. When regulations have been issued or adopted under this paragraph with concurrence of the Secretary he may exempt the Virgin Islands from any provisions of law and regulations otherwise made applicable by the provisions of paragraph (1), except that denatured distilled spirits, articles and distilled spirits for tax-free purposes which are brought into the United States from the Virgin Islands under the provisions of this subsection shall in all respects conform to the requirements of law and regulations imposed on like products of domestic manufacture.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5314, act Aug. 16, 1954, ch. 736, 68A Stat. 659, related to officers and agents authorized to investigate, issue search warrants, and prosecute for violations, prior to the general revision of this chapter by Pub. L. 85–859. See section 5557 of this title. Provisions similar to those comprising subsec. (a)(2) of this section were contained in prior section 5318, act Aug. 16, 1954, ch. 736, 68A Stat. 660, prior to the general revisions of this chapter by Pub. L. 85–859.

Amendments

2018—Subsec. (a)(2). Pub. L. 115–141 substituted “section 5001(a)(9)” for “section 5001(a)(10)” in introductory provisions. 1976—Subsec. (a)(2). Pub. L. 94–455, § 1905(a)(18), substituted “section 5001(a)(10)” for “section 5001(a)(4)”. Subsec. (b)(2), (3). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by section 1905(a)(18) of Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94–455, set out as a note under section 5005 of this title.

§5314 Special Applicability of Certain Provisions