Under the IRC at 26 U.S.C. 5061(a) and
5703(b), the Federal alcohol and tobacco excise tax is collected on
the basis of a return. Businesses, other than those in Puerto Rico,
report their Federal excise tax liability on those products on TTB
F 5000.24, Excise Tax Return. TTB uses the information provided on
the return form to establish the taxpayer's identity, the amount
and type of taxes due, and the amount of payments made. This
information is necessary for the collection of the
revenue.
Section 332 of the Protecting
Americans from Tax Hikes Act of 2015 amended the IRC at 26 U.S.C.
5061(d)(4) to provide for a new annual tax return period for
certain small alcohol excise taxpayers (PATH Act; Division Q of the
Consolidated Appropriations Act, 2016, Public Law 114–113) . This
program change was reported in the last approval request TTB
submitted for this information collection. However, in this
submission, TTB is reporting an adjustment to the burden associated
with this information collection due to that program change and
subsequent changes in agency estimates. Specifically, TTB is
decreasing the estimated number of annual responses to this
information collection from 170,017 to 114,517, and, as result, is
decreasing the estimated number of annual burden hours, from
127,513 hours to 85,888. This decrease is due to the number of
small alcohol excise taxpayers who will now file annual tax
returns, rather than semi-monthly or quarterly, under the recent
amendment made to the IRC at 26 U.S.C. 5061(d)(4). TTB also expects
that additional small alcohol excise taxpayers who are eligible to
pay taxes and file returns quarterly will begin doing so in lieu of
filing semimonthly returns. Under 26 U.S.C. 5061(d)(4), as amended,
to pay alcohol excise taxes and file returns quarterly, a taxpayer
must reasonably expect to be liable for not more than $50,000 in
such taxes for the calendar year and must be liable for not more
than $50,000 in such taxes in the preceding year. To pay tax and
file returns annually, a taxpayer must reasonably expect to be
liable for not more than $1,000 in such taxes for the calendar year
and must be liable for not more than $1,000 in such taxes in the
preceding year.
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.