Puerto Rico
Rate of tax
Except as provided in section 5314, articles of merchandise of Puerto Rican manufacture coming into the United States and withdrawn for consumption or sale shall be subject to a tax equal to the internal revenue tax imposed in the United States upon the like articles of merchandise of domestic manufacture.
Payment of tax
The Secretary shall by regulations prescribe the mode and time for payment and collection of the tax described in paragraph (1), including any discretionary method described in section 6302(b) and (c). Such regulations shall authorize the payment of such tax before shipment from Puerto Rico, and the provisions of section 7651(2)(B) shall be applicable to the payment and collection of such tax in Puerto Rico.
Deposit of internal revenue collections
All taxes collected under the internal revenue laws of the United States on articles produced in Puerto Rico and transported to the United States (less the estimated amount necessary for payment of refunds and drawbacks), or consumed in the island, shall be covered into the treasury of Puerto Rico.
Virgin Islands
Taxes imposed in the United States
Except as provided in section 5314, there shall be imposed in the United States, upon articles coming into the United States from the Virgin Islands, a tax equal to the internal revenue tax imposed in the United States upon like articles of domestic manufacture.
Exemption from tax imposed in the Virgin Islands
Such articles shipped from such islands to the United States shall be exempt from the payment of any tax imposed by the internal revenue laws of such islands.
Disposition of internal revenue collections
Articles containing distilled spirits
For purposes of subsections (a)(3) and (b)(3), any article containing distilled spirits shall in no event be treated as produced in Puerto Rico or the Virgin Islands unless at least 92 percent of the alcoholic content in such article is attributable to rum.
Articles other than articles containing distilled spirits
Value added requirement for Puerto Rico
Prohibition of Federal excise tax subsidies
In general
No amount shall be transferred under subsection (a)(3) or (b)(3) in respect of taxes imposed on any article, other than an article containing distilled spirits, if the Secretary determines that a Federal excise tax subsidy was provided by Puerto Rico or the Virgin Islands (as the case may be) with respect to such article.
Federal excise tax subsidy
Direct costs of processing operations
For purposes of this subsection, the term “direct cost of processing operations” has the same meaning as when used in section 213 of the Caribbean Basin Economic Recovery Act.
Shipments of rum to the United States
Excise taxes on rum covered into treasuries of Puerto Rico and Virgin Islands
All taxes collected under section 5001(a)(1) on rum imported into the United States (less the estimated amount necessary for payment of refunds and drawbacks) shall be covered into the treasuries of Puerto Rico and the Virgin Islands.
Secretary prescribes formula
The Secretary shall, from time to time, prescribe by regulation a formula for the division of such tax collections between Puerto Rico and the Virgin Islands and the timing and methods for transferring such tax collections.
Rum defined
19 U.S.C. 1202For purposes of this subsection, the term “rum” means any article classified under subheading 2208.40.00 of the Harmonized Tariff Schedule of the United States ().
Coordination with subsections (a) and (b)
Paragraph (1) shall not apply with respect to any rum subject to tax under subsection (a) or (b).
Limitation on cover over of tax on distilled spirits
Drawback for medicinal alcohol, etc.
Manner of cover over of tax must be derived from this title
Determination of taxes collected
For purposes of subsections (a)(3), (b)(3), and (e)(1), refunds under section 5001(c)(4) shall not be taken into account as a refund, and the amount of taxes imposed by and collected under section 5001(a)(1) shall be determined without regard to section 5001(c).
Aug. 16, 1954, ch. 73668A Stat. 907Pub. L. 85–859, title II, § 204(17)72 Stat. 1430Pub. L. 89–44, title VIII, § 808(b)(3)79 Stat. 164Pub. L. 94–202, § 10(a)89 Stat. 1141Pub. L. 94–455, title XIX, § 1906(a)(55)90 Stat. 1832Pub. L. 98–67, title II, § 221(a)97 Stat. 395Pub. L. 98–213, § 5(c)97 Stat. 1460Pub. L. 98–369, div. B, title VI98 Stat. 1172Pub. L. 99–514, title XVIII, § 1879(i)(1)100 Stat. 2907Pub. L. 100–418, title I, § 1214(p)(1)102 Stat. 1159Pub. L. 103–66, title XIII, § 13227(e)107 Stat. 494Pub. L. 103–465, title I, § 136(b)108 Stat. 4841Pub. L. 106–170, title V, § 512(a)113 Stat. 1924Pub. L. 106–200, title VI, § 602(b)114 Stat. 305Pub. L. 107–147, title VI, § 609(a)116 Stat. 60Pub. L. 108–311, title III, § 305(a)118 Stat. 1179Pub. L. 109–59, title XI, § 11125(b)(22)119 Stat. 1957Pub. L. 109–432, div. A, title I, § 114(a)120 Stat. 2940Pub. L. 110–343, div. C, title III, § 308(a)122 Stat. 3869Pub. L. 111–312, title VII, § 755(a)124 Stat. 3322Pub. L. 112–240, title III, § 329(a)126 Stat. 2335Pub. L. 113–295, div. A, title I, § 140(a)128 Stat. 4020Pub. L. 114–113, div. Q, title I, § 172(a)129 Stat. 3071Pub. L. 115–97, title I, § 13807(b)131 Stat. 2176Pub. L. 115–123, div. D, title II, § 41102(a)(1)132 Stat. 155Pub. L. 116–260, div. EE, title I, § 107(a)(2)134 Stat. 3046Pub. L. 119–21, title VII, § 70427(a)139 Stat. 238(, ; , (18), , ; , , ; , , ; , (b) (13)(A), , , 1834; , , ; , , ; , §§ 2681(a), 2682(a), , , 1174; , , ; , , ; , , ; , , ; , , ; , (c), , , 306; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (b)(1), , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 106–200The date of the enactment of the Trade and Development Act of 2000, referred to in subsec. (b)(3)(A), is the date of enactment of , which was approved .
section 2703 of Title 19Section 213 of the Caribbean Basin Economic Recovery Act, referred to in subsec. (d)(3), is classified to , Customs Duties.
19 U.S.C. 1202section 1202 of Title 19The Harmonized Tariff Schedule of the United States (), referred to in subsec. (e)(3), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under .
Amendments
Pub. L. 119–212025—Subsec. (f)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “$10.50 ($13.25 in the case of distilled spirits brought into the United States after , and before ), or”.
Pub. L. 116–260, § 106(a)(2)(B)2020—Subsec. (e)(5). , struck out par. (5). Text read as follows: “For purposes of this subsection, the amount of taxes collected under section 5001(a)(1) shall be determined without regard to section 5001(c).”
Pub. L. 116–260, § 106(a)(2)(A)Subsec. (i). , added subsec. (i).
Pub. L. 115–123, § 41102(b)(1)2018—Subsec. (e)(5). , added par. (5).
Pub. L. 115–123, § 41102(a)(1)Subsec. (f)(1). , substituted “” for “”.
Pub. L. 115–972017—Subsec. (f)(2). substituted “subsection (a)(1) of section 5001, determined as if subsection (c)(1) of such section did not apply” for “section 5001(a)(1)”.
Pub. L. 114–1132015—Subsec. (f)(1). substituted “” for “”.
Pub. L. 113–2952014—Subsec. (f)(1). substituted “” for “”.
Pub. L. 112–2402013—Subsec. (f)(1). substituted “” for “”.
Pub. L. 111–3122010—Subsec. (f)(1). substituted “” for “”.
Pub. L. 110–3432008—Subsec. (f)(1). substituted “” for “”.
Pub. L. 109–4322006—Subsec. (f)(1). substituted “2008” for “2006”.
Pub. L. 109–59, § 11125(b)(22)(A)2005—Subsec. (g)(1). , substituted “subpart B” for “subpart F” in introductory provisions.
Pub. L. 109–59, § 11125(b)(22)(B)Subsec. (g)(1)(A). , substituted “section 5111” for “section 5131(a)”.
Pub. L. 108–3112004—Subsec. (f)(1). substituted “” for “”.
Pub. L. 107–1472002—Subsec. (f)(1). substituted “” for “”.
Pub. L. 106–200, § 602(b)2000—Subsec. (b)(3). , amended generally par. (3) heading and text of par. (3) introductory provisions and subpar. (A). Prior to amendment, text of par. (3) introductory provisions and subpar. (A) read as follows: “Beginning with the calendar quarter ending , and quarterly thereafter, the Secretary shall determine the amount of all taxes imposed by, and collected during the quarter under, the internal revenue laws of the United States on articles produced in the Virgin Islands and transported to the United States. The amount so determined less 1 percent and less the estimated amount of refunds or credits shall be subject to disposition as follows:
“(A) There shall be transferred and paid over, as soon as practicable after the close of the quarter, to the Government of the Virgin Islands from the amounts so determined a sum equal to the total amount of the revenue collected by the Government of the Virgin Islands during the quarter, as certified by the Government Comptroller of the Virgin Islands. The moneys so transferred and paid over shall constitute a separate fund in the treasury of the Virgin Islands and may be expended as the legislature may determine.”
Pub. L. 106–200, § 602(c)Subsec. (h). , added subsec. (h).
Pub. L. 106–1701999—Subsec. (f)(1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “$10.50 ($11.30 in the case of distilled spirits brought into the United States during the 5-year period beginning on ), or.”
Pub. L. 103–4651994—Subsec. (g). substituted “flavoring extracts, or perfume” for “or flavoring extracts” in introductory provisions.
Pub. L. 103–661993—Subsec. (f)(1). amended par. (1) generally, substituting present provisions for “$10.50, or”.
Pub. L. 100–4181988—Subsec. (e)(3). substituted “subheading 2208.40.00 of the Harmonized Tariff Schedule of the United States” for “item 169.13 or 169.14 of the Tariff Schedules of the United States”.
Pub. L. 99–5141986—Subsec. (g). added subsec. (g).
Pub. L. 98–369, § 2681(a)1984—Subsecs. (c) to (e). , added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
Pub. L. 98–369, § 2682(a)Subsec. (f). , added subsec. (f).
Pub. L. 98–213, § 5(c)Pub. L. 94–455, § 1906(a)(55)1983—Subsec. (b)(3). , amended language of . See 1976 Amendment note below.
Pub. L. 98–67Subsec. (c). added subsec. (c).
Pub. L. 94–455, § 1906(b)(13)(A)1976—Subsec. (a)(2). , struck out “or his delegate” after “Secretary”.
Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (b)(3). , struck out “or his delegate” after “Secretary” in provisions following subpar. (B).
Pub. L. 94–455, § 1906(a)(55)(B)Pub. L. 98–213, § 5(c)(1)Pub. L. 98–213, as amended by , substituted “emergency relief purposes and essential public projects” for “emergency relief purposes and essential public projects, with the prior approval of the President or his designated representative” in provisions following subpar. (B). Prior to amendment by , the latter phrase had been substituted for “approved emergency relief purposes and essential public projects as provided in subparagraph (B)”.
Pub. L. 94–455, § 1906(a)(55)(C), struck out “including payments under subparagraph (B)” after “public projects only” in provisions following subpar. (B).
Pub. L. 94–455, § 1906(a)(55)(D)Pub. L. 98–213, § 5(c)(2)Subsec. (b)(3)(A). , as added by , struck out proviso after “determine” requiring approval of the President or his designated representative before such moneys may be obligated or expended.
Pub. L. 94–455, § 1906(a)(55)(A)Subsec. (b)(3)(B), (C). , redesignated subpar. (C) as (B). Former subpar. (B) relating to disposition of internal revenue collections in Virgin Islands for fiscal years ending and 1956 was struck out.
Pub. L. 94–202 substituted “calendar quarter ending , and quarterly” for “fiscal year ending , and annually” and “quarter” for “fiscal year” in provisions preceding subpar. (A), substituted “paid over, as soon as practicable after the close of the quarter,” for “paid over” and “quarter” for “fiscal year” in subpar. (A), and substituted “with respect to the four calendar quarters immediately preceding the beginning” for “at the beginning” in provisions following subpar. (C).
Pub. L. 89–441965—Subsec. (a)(3). inserted “(less the estimated amount necessary for payment of refunds and drawbacks)” after “transported to the United States”.
Pub. L. 85–859, § 204(17)1958—Subsec. (a)(1). , substituted “section 5314” for “section 5318”.
Pub. L. 85–859, § 204(18)Subsec. (b)(1). , substituted “section 5314” for “section 5318”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, § 70427(b)139 Stat. 238
Effective Date of 2020 Amendment
Pub. L. 116–260section 107(a)(3) of div. EE of Pub. L. 116–260section 5001 of this titleAmendment by applicable to distilled spirits brought into the United States and removed after , see , set out as a note under .
Effective Date of 2018 Amendment
Pub. L. 115–123, div. D, title II, § 41102(a)(2)132 Stat. 155
Pub. L. 115–123, div. D, title II, § 41102(b)(2)132 Stat. 155
Effective Date of 2017 Amendment
Pub. L. 115–97section 13807(d) of Pub. L. 115–97section 5001 of this titleAmendment by applicable to distilled spirits removed after , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title I, § 172(b)129 Stat. 3071
Effective Date of 2014 Amendment
Pub. L. 113–295, div. A, title I, § 140(b)128 Stat. 4020
Effective Date of 2013 Amendment
Pub. L. 112–240, title III, § 329(b)126 Stat. 2335
Effective Date of 2010 Amendment
Pub. L. 111–312, title VII, § 755(b)124 Stat. 3322
Effective Date of 2008 Amendment
Pub. L. 110–343, div. C, title III, § 308(b)122 Stat. 3869
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title I, § 114(b)120 Stat. 2940
Effective Date of 2005 Amendment
Pub. L. 109–59section 11125(c) of Pub. L. 109–59section 5002 of this titleAmendment by effective , but inapplicable to taxes imposed for periods before such date, see , set out as a note under .
Effective Date of 2004 Amendment
Pub. L. 108–311, title III, § 305(b)118 Stat. 1179
Effective Date of 2002 Amendment
Pub. L. 107–147, title VI, § 609(b)116 Stat. 60
Effective Date of 2000 Amendment
Pub. L. 106–200, title VI, § 602(d)114 Stat. 306
Effective Date of 1999 Amendment
Pub. L. 106–170, title V, § 512(c)113 Stat. 1925
Effective Date of 1994 Amendment
Pub. L. 103–465section 136(d) of Pub. L. 103–465section 5001 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1993 Amendment
Pub. L. 103–66section 13227(f) of Pub. L. 103–66section 56 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–418section 1217(b)(1) of Pub. L. 100–418section 3001 of Title 19Amendment by effective , and applicable with respect to articles entered on or after such date, see , set out as an Effective Date note under , Customs Duties.
Effective Date of 1986 Amendment
Pub. L. 99–514, title XVIII, § 1879(i)(2)100 Stat. 2907
Effective Date of 1984 Amendment
Pub. L. 98–369, div. B, title VI, § 2681(b)98 Stat. 1173Pub. L. 99–514, § 2100 Stat. 2095
In general .—
Exception for puerto rico for periods before .—
In general .—
limitation $130,000,000 .—
limitation $75,000,000 .—
Limitation on incentive payments to united states distillers.—
In general .—
Articles to which paragraph applies .—
Limitation.—
In general .—
Special rule .—
Payments in excess of limitation .—
Incentive payments.—
In general .—
Transportation payments excluded .—
Pub. L. 98–369, div. B, title VI, § 2682(b)98 Stat. 1175, , , provided that “The amendment made by this section [amending this section] shall apply to articles containing distilled spirits brought into the United States after .”
Effective Date of 1983 Amendment
Pub. L. 98–67, title II, § 221(b)97 Stat. 395
Effective Date of 1976 Amendments
Pub. L. 94–455section 1906(d)(1) of Pub. L. 94–455section 6013 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 .
Pub. L. 94–202, § 10(b)89 Stat. 1141
Effective Date of 1965 Amendment
Pub. L. 89–44section 808(d)(1) of Pub. L. 89–44section 5702 of this titleAmendment by effective , 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 .
Special Cover Over Transfer Rules
Pub. L. 106–170, title V, § 512(b)113 Stat. 1924Pub. L. 106–200, § 602(a)114 Stat. 305
Initial transfer of incremental increase in cover over .—
Second transfer of incremental increase in cover over attributable to periods before resumption of regular payments .—
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 .
Payment to Puerto Rico or Virgin Islands of Amounts With Respect to Medicines, etc. Unfit for Beverage Purposes
Pub. L. 99–514, title XVIII, § 1879(i)(3)100 Stat. 2907
Executive Documents
Ex. Ord. No. 10602. Secretary of the Interior as Representative of President
68A Stat. 907Ex. Ord. No. 10602, , 20 F.R. 1795, provided: “By virtue of the authority vested in me by section 7652(b)(3) of the Internal Revenue Code of 1954 [now I.R.C. 1986] (Public Law 591, 83rd Congress, ), I hereby designate the Secretary of the Interior as the representative of the President to approve the obligation and expenditure by the government of the Virgin Islands of the moneys referred to in the said section 7652(b)(3).”
Pub. L. 94–455[ made various amendments to subsec. (b)(3) of this section, after which there was no longer the requirement for approval by the President or his designated representative of obligation and expenditure of specified moneys.]