Liability for tax
Original liability
The manufacturer or importer of tobacco products and cigarette papers and tubes shall be liable for the taxes imposed thereon by section 5701.
Transfer of liability
When tobacco products and cigarette papers and tubes are transferred, without payment of tax, pursuant to section 5704, the liability for tax shall be transferred in accordance with the provisions of this paragraph. When tobacco products and cigarette papers and tubes are transferred between the bonded premises of manufacturers and export warehouse proprietors, the transferee shall become liable for the tax upon receipt by him of such articles, and the transferor shall thereupon be relieved of his liability for such tax. When tobacco products and cigarette papers and tubes are released in bond from customs custody for transfer to the bonded premises of a manufacturer of tobacco products or cigarette papers and tubes, the transferee shall become liable for the tax on such articles upon release from customs custody, and the importer shall thereupon be relieved of his liability for such tax. All provisions of this chapter applicable to tobacco products and cigarette papers and tubes in bond shall be applicable to such articles returned to bond upon withdrawal from the market or returned to bond after previous removal for a tax-exempt purpose.
Method of payment of tax
In general
The taxes imposed by section 5701 shall be determined at the time of removal of the tobacco products and cigarette papers and tubes. Such taxes shall be paid on the basis of return. The Secretary shall, by regulations, prescribe the period or the event for which such return shall be made and the information to be furnished on such return. Any postponement under this subsection of the payment of taxes determined at the time of removal shall be conditioned upon the filing of such additional bonds, and upon compliance with such requirements, as the Secretary may prescribe for the protection of the revenue. The Secretary may, by regulations, require payment of tax on the basis of a return prior to removal of the tobacco products and cigarette papers and tubes where a person defaults in the postponed payment of tax on the basis of a return under this subsection or regulations prescribed thereunder. All administrative and penalty provisions of this title, insofar as applicable, shall apply to any tax imposed by section 5701.
Time for payment of taxes
In general
Except as otherwise provided in this paragraph, in the case of taxes on tobacco products and cigarette papers and tubes removed during any semimonthly period under bond for deferred payment of tax, the last day for payment of such taxes shall be the 14th day after the last day of such semimonthly period.
Imported articles
In general
The last day for payment of tax shall be the 14th day after the last day of the semimonthly period during which the article is entered into the customs territory of the United States.
Special rule for entry for warehousing
Except as provided in clause (iv), in the case of an entry for warehousing, the last day for payment of tax shall not be later than the 14th day after the last day of the semimonthly period during which the article is removed from the 1st such warehouse.
Foreign trade zones
Except as provided in clause (iv) and in regulations prescribed by the Secretary, articles brought into a foreign trade zone shall, notwithstanding any other provision of law, be treated for purposes of this subsection as if such zone were a single customs warehouse.
Exception for articles destined for export
Clauses (ii) and (iii) shall not apply to any article which is shown to the satisfaction of the Secretary to be destined for export.
Tobacco products and cigarette papers and tubes brought into the United States from Puerto Rico
In the case of tobacco products and cigarette papers and tubes which are brought into the United States from Puerto Rico, the last day for payment of tax shall be the 14th day after the last day of the semimonthly period during which the article is brought into the United States.
Special rule for tax due in September
In general
Notwithstanding the preceding provisions of this paragraph, the taxes on tobacco products and cigarette papers and tubes for the period beginning on September 16 and ending on September 26 shall be paid not later than September 29.
Safe harbor
1115The requirement of clause (i) shall be treated as met if the amount paid not later than September 29 is not less than ⁄ of the taxes on tobacco products and cigarette papers and tubes for the period beginning on September 1 and ending on September 15.
Taxpayers not required to use electronic funds transfer
1115In the case of payments not required to be made by electronic funds transfer, clauses (i) and (ii) shall be applied by substituting “September 25” for “September 26”, “September 28” for “September 29”, and “⅔” for “⁄”.
Special rule where due date falls on Saturday, Sunday, or holiday
Notwithstanding section 7503, if, but for this subparagraph, the due date under this paragraph would fall on a Saturday, Sunday, or a legal holiday (as defined in section 7503), such due date shall be the immediately preceding day which is not a Saturday, Sunday, or such a holiday (or the immediately following day where the due date described in subparagraph (D) falls on a Sunday).
Special rule for unlawfully manufactured tobacco products
In the case of any tobacco products, cigarette paper, or cigarette tubes manufactured in the United States at any place other than the premises of a manufacturer of tobacco products, cigarette paper, or cigarette tubes that has filed the bond and obtained the permit required under this chapter, tax shall be due and payable immediately upon manufacture.
Payment by electronic fund transfer
Any person who in any 12-month period, ending December 31, was liable for a gross amount equal to or exceeding $5,000,000 in taxes imposed on tobacco products and cigarette papers and tubes by section 5701 (or 7652) shall pay such taxes during the succeeding calendar year by electronic fund transfer (as defined in section 5061(e)(2)) to a Federal Reserve Bank. Rules similar to the rules of section 5061(e)(3) shall apply to the $5,000,000 amount specified in the preceding sentence.
Use of government depositaries
The Secretary may authorize Federal Reserve banks, and incorporated banks or trust companies which are depositaries or financial agents of the United States, to receive any tax imposed by this chapter, in such manner, at such times, and under such conditions as he may prescribe; and he shall prescribe the manner, time, and condition under which the receipt of such tax by such banks and trust companies is to be treated as payment for tax purposes.
Assessment
Whenever any tax required to be paid by this chapter is not paid in full at the time required for such payment, it shall be the duty of the Secretary, subject to the limitations prescribed in section 6501, on proof satisfactory to him, to determine the amount of tax which has been omitted to be paid, and to make an assessment therefor against the person liable for the tax. The tax so assessed shall be in addition to the penalties imposed by law for failure to pay such tax when required. Except in cases where delay may jeopardize collection of the tax, or where the amount is nominal or the result of an evident mathematical error, no such assessment shall be made until and after the person liable for the tax has been afforded reasonable notice and opportunity to show cause, in writing, against such assessment.
Aug. 16, 1954, ch. 73668A Stat. 707Pub. L. 85–859, title II, § 20272 Stat. 1417Pub. L. 94–455, title XIX90 Stat. 1821Pub. L. 97–448, title III, § 308(a)96 Stat. 2407Pub. L. 98–369, div. A, title I, § 27(c)(2)98 Stat. 509Pub. L. 99–509, title VIII, § 8011(a)(1)100 Stat. 1951Pub. L. 99–514, title XVIII, § 1801(c)(2)100 Stat. 2786Pub. L. 100–647, title II, § 2003(b)(1)(C)102 Stat. 3598Pub. L. 103–465, title VII, § 712(c)108 Stat. 5000Pub. L. 111–3, title VII, § 702(e)(1)123 Stat. 110(, ; , , ; , §§ 1905(a)(25), 1906(b)(13)(A), , , 1834; , , ; , , ; , , ; , , ; , (D), , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 111–32009—Subsec. (b)(2)(F). added subpar. (F).
Pub. L. 103–465, § 712(c)(1)1994—Subsec. (b)(2)(D). , added subpar. (D). Former subpar. (D) redesignated (E).
Pub. L. 103–465, § 712(c)Subsec. (b)(2)(E). , redesignated subpar. (D) as (E), substituted “due date” for “14th day” in heading, and inserted “(or the immediately following day where the due date described in subparagraph (D) falls on a Sunday)” before period at end.
Pub. L. 100–6471988—Subsec. (b)(2)(B)(i), (ii), (C). substituted “the 14th day after the last day of the semimonthly period during which” for “the 14th day after the date on which”.
Pub. L. 99–5091986—Subsec. (b)(2). amended par. (2) generally. Prior to amendment par. (2), time for making of return and payment of taxes, read as follows: “In the case of tobacco products and cigarette papers and tubes removed after , under bond for deferred payment of tax, the last day for filing a return and paying any tax due for each return period shall be the last day of the first succeeding return period plus 10 days.”
Pub. L. 99–514Subsec. (b)(3). inserted last sentence.
Pub. L. 98–3691984—Subsec. (b)(3). added par. (3).
Pub. L. 97–4481983—Subsec. (b). designated existing provisions as par. (1), struck out provisions that the Secretary prescribe the time for making a return and the time for the payment of taxes and that the Secretary prescribe by regulations the conditions for the filing of additional bonds, and added par. (2).
Pub. L. 94–455, § 1905(a)(25)(A)1976—Subsec. (a). , directed that all provisions of chapter 52 applicable to tobacco products and cigarette papers and tubes in bond be applicable to such articles returned to bond upon withdrawal from the market or returned to bond after previous removal for a tax-exempt purpose.
Pub. L. 94–455Subsec. (b). , §§ 1905(a)(25)(B), 1906(b)(13)(A), struck out provisions which had authorized payment of taxes by stamp until regulations could be promulgated to provide for payment by return and struck out “or his delegate” after “Secretary” in three places.
Pub. L. 94–455Subsec. (c). , §§ 1905(a)(25)(C), 1906(b)(13)(A), redesignated subsec. (d) as (c) and struck out “or his delegate” after “Secretary”. Former subsec. (c), relating to the use of stamps as evidence of the payment of taxes, was struck out.
Pub. L. 94–455Subsecs. (d), (e). , §§ 1905(a)(25)(C), 1906(b)(13)(A), redesignated subsec. (e) as (d) and struck out “or his delegate” after “Secretary”. Former subsec. (d) redesignated (c).
Pub. L. 85–8591958—Subsec. (a)(1). designated part of first sentence of subsec. (a) as par. (1) thereof and redesignated the remainder of subsec. (a) as (b).
Pub. L. 85–859Subsec. (a)(2). added par. (2).
Pub. L. 85–859Subsec. (b). designated former subsec. (a), with exception of part of the first sentence, as subsec. (b) and substituted “tobacco products and cigarette papers and tubes” for “articles”, and inserted provisions relating to postponements, and to payment of the tax on the basis of a return prior to removal of the tobacco products and cigarette papers and tubes where a person defaults in the postponed payment of the tax. Former subsec. (b) redesignated (c).
Pub. L. 85–859Subsec. (c). designated former subsec. (b) as (c) and substituted “If the Secretary or his delegate shall by regulation provide for the payment of tax by return and require the use of” for “If the Secretary or his delegate shall, by regulation, require the use”, and “tobacco products” for “articles”. Former subsec. (c) redesignated (d).
Pub. L. 85–859Subsec. (d). redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).
Pub. L. 85–859Subsec. (e). designated former subsec. (d) as (e) and permitted assessments in cases where delay may jeopardize collection of the tax, or where the amount is nominal or the result of an evident mathematical error.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Pub. L. 111–3, title VII, § 702(e)(2)123 Stat. 110
Effective Date of 1994 Amendment
Pub. L. 103–465section 712(e) of Pub. L. 103–465section 5061 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–509section 2003(b)(2) of Pub. L. 100–647section 5061 of this titleAmendment by effective as if included in the amendments made by section 8011 of the Omnibus Budget Reconciliation Act of 1986, , see , set out as a note under .
Effective Date of 1986 Amendments
Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .
Pub. L. 99–509section 8011(c) of Pub. L. 99–509section 5061 of this titleAmendment by applicable to removals during semimonthly periods ending on or after , except as otherwise provided, see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–369section 27(d)(2) of Pub. L. 98–369section 5001 of this titleAmendment by applicable to taxes required to be paid on or after , see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 97–448, title III, § 308(b)96 Stat. 2407
Effective Date of 1976 Amendment
section 1905(a)(25) of Pub. L. 94–455section 1905(d) of Pub. L. 94–455section 5005 of this titleAmendment by effective on first day of first month which begins more than 90 days after , see , set out as a note under .
Effective Date of 1958 Amendment
Pub. L. 85–859section 210(a)(1) of Pub. L. 85–859section 5001 of this titleAmendment by effective , see , set out as an Effective Date note under .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .