United States Code · Section
§ 5053 — Exemptions
26 U.S.C. § 5053
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(a) Beer may be removed from the brewery, without payment of tax, for export, in such containers and under such regulations, and on the giving of such notices, entries, and bonds and other security, as the Secretary may by regulations prescribe.
(b) When beer has become sour or damaged, so as to be incapable of use as such, a brewer may remove the same from his brewery without payment of tax, for manufacturing purposes, under such regulations as the Secretary may prescribe.
(c) Beer may be removed from the brewery, without payment of tax, for laboratory analysis, subject to such limitations and under such regulations as the Secretary may prescribe.
(d) Under such conditions and regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment relating to beer or brewery operations.
(e) Subject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed—
(1) 200 gallons per calendar year if there are 2 or more adults in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in such household.
(f) Subject to such regulations as the Secretary may prescribe, beer may be removed from a brewery without payment of tax to any distilled spirits plant for use as distilling material.
(1) Subject to such regulations as the Secretary may prescribe—
(A) beer may be withdrawn from the brewery without payment of tax for transfer to any customs bonded warehouse for entry pending withdrawal therefrom as provided in subparagraph (B), and
(B) beer entered into any customs bonded warehouse under subparagraph (A) may be withdrawn for consumption in the United States by, and for the official and family use of, such foreign governments, organizations, and individuals as are entitled to withdraw imported beer from such warehouses free of tax.
(2) Rules similar to the rules of paragraphs (2) and (3) of section 5362(e) shall apply for purposes of this subsection.
(h) Subject to such regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for destruction.
(i) For exemption as to supplies for certain vessels and aircraft, see section 309 of the Tariff Act of 1930, as amended (19 U.S.C. 1309).
Implementing Regulations
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§ 28.145 Consignment, shipment and delivery.27 C.F.R. § 28.145
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§ 28.264 Lading for exportation.27 C.F.R. § 28.264
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§ 25.191 General.27 C.F.R. § 25.191
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§ 25.196 Removals for research, development or testing.27 C.F.R. § 25.196
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§ 25.205 Production.27 C.F.R. § 25.205
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§ 13.11 Meaning of terms.27 C.F.R. § 13.11
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§ 25.207 Removal from brewery for personal or family use.27 C.F.R. § 25.207
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§ 28.262 Delay in lading at port.27 C.F.R. § 28.262
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§ 28.146 Disposition of forms.27 C.F.R. § 28.146
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§ 28.247 Change in consignee.27 C.F.R. § 28.247
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§ 25.11 Meaning of terms.27 C.F.R. § 25.11
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§ 28.250 Bills of lading required.27 C.F.R. § 28.250
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§ 25.145 Tanks, vehicles, and vessels.27 C.F.R. § 25.145
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§ 28.142 Notice, Form 1689 (5130.12).27 C.F.R. § 28.142
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§ 28.60 Brewer's bond, Form 5130.22.27 C.F.R. § 28.60
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§ 28.147 Return of beer or beer concentrate.27 C.F.R. § 28.147
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§ 28.268 Receipt for liquors for use on vessels or aircraft.27 C.F.R. § 28.268
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§ 28.266 Release of detained merchandise.27 C.F.R. § 28.266
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§ 28.141 General.27 C.F.R. § 28.141
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§ 28.144 Export marks.27 C.F.R. § 28.144
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§ 28.265 Evidence of fraud.27 C.F.R. § 28.265
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§ 28.269 Certification by district director of customs.27 C.F.R. § 28.269
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§ 28.261 Notice to district director of customs.27 C.F.R. § 28.261
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§ 28.246 Delivery for shipment.27 C.F.R. § 28.246
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§ 25.203 Exportation without payment of tax.27 C.F.R. § 25.203
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§ 28.21 General.27 C.F.R. § 28.21
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§ 25.195 Removals for analysis.27 C.F.R. § 25.195
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§ 28.252 Air express or freight bills of lading.27 C.F.R. § 28.252
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§ 25.206 Removal of beer.27 C.F.R. § 25.206
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§ 28.22 Vessels employed in the fisheries.27 C.F.R. § 28.22
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§ 28.282 Beer.27 C.F.R. § 28.282
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§ 28.241 Shipment for export, or for use on vessels.27 C.F.R. § 28.241
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§ 28.275 Receipt by armed services.27 C.F.R. § 28.275
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§ 28.253 Certificate by export carrier.27 C.F.R. § 28.253
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§ 28.243 Shipment to armed services.27 C.F.R. § 28.243
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§ 28.40 Evidence of exportation: distilled spirits and wine.27 C.F.R. § 28.40
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§ 28.251 Railway express receipts.27 C.F.R. § 28.251