26 U.S.C. § 5731 — Imposition and rate of tax
submitted 39 years ago by Pub. L. 100-203 to r/title-26-INTERNAL-REVENUE-CODE · 203 words · no verdicts yet
$1,000 per year is imposed on each premises operated by a tobacco-product or cigarette-paper manufacturer or export warehouse proprietor. Small proprietors with qualifying receipts pay $500, and willful nonpayment can bring a fine, imprisonment, or both.
(a) Every person operating as a tobacco-products manufacturer, cigarette-papers-and-tubes manufacturer, or export warehouse proprietor must pay a $1,000 annual tax for each premises where the business operates.
(b)(1) For a taxpayer* whose gross receipts for the latest preceding taxable year* were less than $500,000, apply subsection (a) using $500 instead of $1,000. (2) Persons treated as one taxpayer under section 5061(e)(3) are one taxpayer for paragraph (1). (3) Similar rules to section 448(c)(3)(B) and (C) apply for paragraph (1).
(c) A person in a business listed in subsection (a) who willfully fails to pay the tax may, for each offense, be fined up to $5,000, imprisoned up to two years, or both.
Every person engaged in business as—
a manufacturer of tobacco products,
a manufacturer of cigarette papers and tubes, or
an export warehouse proprietor,
shall pay a tax of $1,000 per year in respect of each premises at which such business is carried on.
Subsection (a) shall be applied by substituting “$500” for “$1,000” with respect to any taxpayer* the gross receipts of which (for the most recent taxable year* ending before the 1st day of the taxable period to which the tax imposed by subsection (a) relates) are less than $500,000.
All persons treated as 1 taxpayer under section 5061(e)(3) shall be treated as 1 taxpayer for purposes of paragraph (1).
For purposes of paragraph (1), rules similar to the rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply.
Any person engaged in a business referred to in subsection (a) who willfully fails to pay the tax imposed by subsection (a) shall be fined not more than $5,000, or imprisoned not more than 2 years, or both, for each such offense.
Source credit: (Added Pub. L. 100–203, title X, § 10512(f)(1), Dec. 22, 1987, 101 Stat. 1330–449; amended Pub. L. 109–59, title XI, § 11125(b)(20)(E), Aug. 10, 2005, 119 Stat. 1957.)
- 1987Enacted · Pub. L. 100-203 · 101 Stat. 1330
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1957
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-203 on 1987-12-22.
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