TTB uses the TTB F 5120.25,
Application to Establish and Operate Wine Premises, to collect
information used to determine the qualifications of an applicant
applying to establish and operate a new wine premises. TTB F
5120.25 is also used by proprietors of established wine premises to
report changes to required information such as location and
ownership. TTB F 5120.36, Wine Bond, is used by new wine premises
applicants or established proprietors and a surety company as a
contract to ensure the payment of the Federal excise tax on
wine.
This information
collection is being revised in relation to a TTB Temporary Rule
that we are issuing in response to the Protecting Americans from
Tax Hikes Act of 2015 (PATH Act). This rulemaking implements
section 332 of the PATH Act, which amends the IRC to change tax
return due dates and remove bond requirements for certain eligible
taxpayers. These statutory changes are effective January 1, 2017,
and as a result, TTB is requesting emergency approval of this
revised information collection.
As described above, TTB is
making program changes associated with this information collection
to implement the bond exemption under the PATH Act. TTB is amending
its regulations to provide that an applicant or existing proprietor
must state on TTB Form 5120.25 whether the proprietor is exempt
from bond requirements. As for adjustments, we are increasing the
estimated annual burden for this information collection to account
for 2,795 wine premises proprietors who will file one TTB Form
5120.25 in each of the next three years in order to apply for the
bond exemption authorized under the IRC at 26 U.S.C. 5551(d). TTB
expects this will be a one-time increase over the next three years.
TTB is also adding a new item to the form where the applicant or
proprietor selects whether the person is eligible for the bond
exemption, and TTB is amending an existing statement on another
part of the form to reflect this change.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Application to Establish and Operate Wine Premises