Before July 1, 2008, various sections
of chapter 51 of the Internal Revenue Code (IRC) required alcohol
industry members to register for and pay an annual special
occupational tax (SOT). However, section 11125 of Public Law 109–59
permanently repealed, effective July 1, 2008, the SOT on alcohol
beverage producers and marketers, non-beverage product
manufacturers, tax-free alcohol users, and specially denatured
spirits users and dealers. However, any SOT liabilities incurred
for periods before the law’s 2008 effective date remain. Also,
while most alcohol industry SOT registration and payment provisions
in the IRC have been repealed, 26 U.S.C. 5124 continues to require
wholesale and retail alcohol dealers to register with the Secretary
when commencing or ending business or when certain changes to
existing registration information are necessary. In addition, the
IRC at 26 U.S.C. 5731 and 5732 continues to require manufacturers
of tobacco products, manufacturers of cigarette papers and tubes,
and export warehouse proprietors to register and pay an annual SOT
on the basis of a return under such regulations as the Secretary
shall prescribe. The registration and SOT for such entities is due
on or before the date of commencing business, and on or before July
1 of every year after that. Under the TTB regulations in 27 CFR
part 31, alcohol industry members with pre-July 1, 2008, SOT
liabilities use TTB F 5630.5a as the return for such liabilities,
while wholesale and retail alcohol dealers register or report
registration changes on TTB F 5630.5d. Under the TTB regulations in
27 CFR parts 40, 44, and 46, tobacco industry members use TTB F
5630.5t to register and pay SOT.
PL:
Pub.L. 109 - 59 11125 Name of Law: Safe, Accountable, Flexible,
Efficient Transportation Equity Act
US Code: 26
USC 5124 Name of Law: Internal Revenue Code
US Code:
26 USC 5731 & 5732 Name of Law: Internal Revenue Code
As for adjustments, due to
changes in agency estimates, TTB is decreasing the estimated number
of respondents, responses, and burden hours for submissions of TTB
F 5630.5a by private sector for profit businesses and also for
private sector not-for-profit institutions. Given that almost all
alcohol industry members with SOT liabilities for periods ending on
or before June 30, 2008, have resolved such liabilities, TTB is
decreasing the estimated number of such respondents from 20 to 10
for each type of respondent, and is decreasing the total estimated
number of burden hours from 8 to 4 for each type of respondent. In
addition, due to a change in agency estimates resulting from the
large, previously reported decrease in the number of alcohol
industry members subject to SOT, TTB is decreasing the estimated
annual cost to the Federal government for this information
collection request, from $175,000 to $20,610.
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.