Title 26, Internal Revenue CodeRelease 119-110

§5505 Applicability of Provisions of This Chapter

Title 26 › Subtitle E — Alcohol, Tobacco, and Certain Other Excise Taxes › CHAPTER 51 — DISTILLED SPIRITS, WINES, AND BEER › Subchapter H — Miscellaneous Plants and Warehouses › PART I — VINEGAR PLANTS › § 5505

Last updated Sep 23, 2026|Official source

Summary

Makes several tax, inspection, and equipment rules apply to distilling plants set up under this part. Distilled spirits made or removed in violation of section 5501 or 5504(b) are taxable under subchapter A. Plants may not be on property where distilling is banned under section 5601(a)(6). The inspection and entry powers in section 5203(b), (c), and (d) apply to these plants and to their owners, workers, and others on the premises. Stills must be registered under section 5179. Rules about meters, tanks, and other equipment (section 5552), assignment of IRS officers (section 5553(a)), the Secretary’s ability to waive records (section 5555(b)), and rulemaking (section 5556) apply. The penalties in sections 5601(a)(1), (6), and (12), 5603, 5615(1) and (4), 5686, and 5687 also apply. No other parts of this chapter apply to plants or operations under this part, except for this part and the specific provisions named above.

Full Legal Text

Title 26, §5505

Internal Revenue Code, Source: USLM XML via OLRC

(a)Tax
The taxes imposed by subchapter A shall be applicable to any distilled spirits produced in violation of section 5501 or removed in violation of section 5504(b).
(b)Prohibited premises
Plants established under this part shall not be located on any premises where distilling is prohibited under section 5601(a)(6).
(c)Entry and examination of premises
The provisions of section 5203(b), (c), and (d), relating to right of entry and examination, furnishing facilities and assistance, and authority to break up grounds or walls, shall be applicable to all premises established under this part, and to all proprietors thereof, and their workmen or other persons employed by them.
(d)Registration of stills
Stills on the premises of plants established under this part shall be registered as provided in section 5179.
(e)Installation of meters, tanks, and other apparatus
The provisions of section 5552 relating to the installation of meters, tanks, and other apparatus shall be applicable to plants established under this part.
(f)Assignment of internal revenue officers
The provisions of section 5553(a) relating to the assignment of internal revenue officers shall be applicable to plants established under this part.
(g)Authority to waive records, statements, and returns
The provisions of section 5555(b) relating to the authority of the Secretary to waive records, statements, and returns shall be applicable to records, statements, or returns required by this part.
(h)Regulations
The provisions of section 5556 relating to the prescribing of regulations shall be applicable to this part.
(i)Penalties
The penalties and forfeitures provided in section 5601(a)(1), (6), and (12), 5603, 5615(1) and (4), 5686, and 5687 shall be applicable to this part.
(j)Other provisions
This chapter (other than this part and the provisions referred to in subsection (a), (b), (c), (d), (e), (f), (g), (h), (i) shall not be applicable with respect to plants established or operations conducted under this part.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those comprising subsecs. (a) to (i) of this section were contained in prior sections of act Aug. 16, 1954, prior to the general revision of this chapter by Pub. L. 85–859, as follows: Present subsecs.:Prior sections (a)5216(a)(1). (b)5171. (c)5216(a)(3). (d)5174. (e)5552. (f)5553(a). (g)5555(b). (h)5556. (i)5601, 5607, 5608, 5686(b). The prior sections, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 627, 630, 640, 680, 681, 683–685, 700.

Amendments

1976—Subsec. (i). Pub. L. 94–455 struck out “5601(b)(1),” after “5601(a)(1), (6), and (12),”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by 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.

Reference

Citations & Metadata

Citation

26 U.S.C. § 5505

Title 26, Internal Revenue Code

Last Updated

Sep 23, 2026

Release point: 119-110