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Title 26, Internal Revenue CodeRelease 119-110

§5351 Bonded Wine Cellar

Title 26 › Subtitle E — Alcohol, Tobacco, and Certain Other Excise Taxes › CHAPTER 51 — DISTILLED SPIRITS, WINES, AND BEER › Subchapter F — Bonded and Taxpaid Wine Premises › PART I — ESTABLISHMENT › § 5351

Last updated Sep 22, 2026|Official source

Summary

Anyone who sets up a place to make, blend, treat, store, bottle, package, or repackage untaxed wine — including using wine spirits in wine making — must apply to the Secretary, post a bond, and get permission before starting. Wine made tax-free under section 5042 and matters under section 5551(d) are exceptions. Bonded wine cellar: any place described above. Bonded winery: a bonded wine cellar that the Secretary may call a winery if it does production.

Full Legal Text

Title 26, §5351

Internal Revenue Code, Source: USLM XML via OLRC

(a)In general
Any person establishing premises for the production, blending, cellar treatment, storage, bottling, packaging, or repackaging of untaxpaid wine (other than wine produced exempt from tax under section 5042), including the use of wine spirits in wine production, shall, before commencing operations, make application to the Secretary and, except as provided under section 5551(d), file bond and receive permission to operate.
(b)Definitions
For purposes of this chapter—
(1)Bonded wine cellar
The term “bonded wine cellar” means any premises described in subsection (a), including any such premises established by a taxpayer described in section 5551(d).
(2)Bonded winery
At the discretion of the Secretary, any bonded wine cellar that engages in production operations may be designated as a “bonded winery”.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5351, act Aug. 16, 1954, ch. 736, 68A Stat. 663, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

2015—Pub. L. 114–113 designated existing provisions as subsec. (a), inserted heading, inserted “, except as provided under section 5551(d),” before “file bond”, struck out “Such premises shall be known as ‘bonded wine cellars’; except that any such premises engaging in production operations may, in the discretion of the Secretary, be designated as a ‘bonded winery’.” at end, and added subsec. (b). 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–113 applicable to any calendar quarters beginning more than 1 year after Dec. 18, 2015, see section 332(c) of Pub. L. 114–113, set out as a note under section 5061 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. § 5351

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110