26 U.S.C. § 5354 — Bond
submitted 68 years ago by Pub. L. 85-859 to r/title-26-INTERNAL-REVENUE-CODE · 177 words · no verdicts yet
The Secretary’s regulations determine the form, conditions, and surety for a bonded wine cellar bond. This section sets minimum and maximum amounts, allows supplemental bonds when tax payment is deferred, and applies liability to operations on or off the premises.
The bond for a bonded wine cellar* must be in such form, on such conditions, and with such adequate surety, as regulations issued by the Secretary* must prescribe, and must be in a penal sum at least the tax on any wine or distilled spirits* possessed or in transit at any one time (taking into account the appropriate amount of credit with respect to such wine under section 5041(c)), but at least $1,000 nor more than $50,000; except that where the tax on such wine and on such distilled spirits* exceeds $250,000, the penal sum of the bond must be no more than $100,000. Where additional liability arises as a result of deferral of payment of tax payable on any return, the Secretary can require the proprietor to file a supplemental bond in such amount as can be necessary to protect the revenue. The liability of any person on any such bond must apply whether the transaction or operation on which the liability of the proprietor is based occurred on or off the proprietor’s premises.
The bond for a bonded wine cellar* shall be in such form, on such conditions, and with such adequate surety, as regulations issued by the Secretary* shall prescribe, and shall be in a penal sum not less than the tax on any wine or distilled spirits* possessed or in transit at any one time (taking into account the appropriate amount of credit with respect to such wine under section 5041(c)), but not less than $1,000 nor more than $50,000; except that where the tax on such wine and on such distilled spirits* exceeds $250,000, the penal sum of the bond shall be not more than $100,000. Where additional liability arises as a result of deferral of payment of tax payable on any return, the Secretary may require the proprietor to file a supplemental bond in such amount as may be necessary to protect the revenue. The liability of any person on any such bond shall apply whether the transaction or operation on which the liability of the proprietor is based occurred on or off the proprietor’s premises.
Source credit: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1379; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98–369, div. A, title IV, § 455(c), July 18, 1984, 98 Stat. 823; Pub. L. 104–188, title I, § 1702(b)(7), Aug. 20, 1996, 110 Stat. 1869.)
- 1958Enacted · Pub. L. 85-859 · 72 Stat. 1379
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
- 1984Amended · Pub. L. 98-369 · 98 Stat. 823
- 1996Amended · Pub. L. 104-188 · 110 Stat. 1869
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-859 on 1958-09-02.
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