Brewer's Bond and Brewer's
Bond Continuation Certificate; Brewer's Collateral Bond and
Brewer's Collateral Bond Continuation Certificate
Extension without change of a currently approved collection
No
Regular
11/25/2020
Requested
Previously Approved
36 Months From Approved
01/31/2021
224
652
189
422
448
0
In general, the Internal Revenue Code
(IRC) at 26 U.S.C. 5401(b) requires brewers to execute a bond
before starting business, subject to regulations issued by the
Secretary and the exemptions for certain small brewers that are
eligible to pay excise taxes on an annual or quarterly basis as
provided under 26 U.S.C. 5551(d). Also under that section, brewers’
bonds expire every four years, and a brewer must provide a new bond
or a continuation certificate extending the terms of an existing
bond. Additionally, under the IRC at 26 U.S.C. 7101 and subject to
regulations prescribed by the Secretary, a brewer may furnish a
surety bond under which a surety company guarantees payment of the
proprietor’s unpaid tax liabilities, or a brewer may submit a
collateral bond backed by United States Treasury securities or
notes. Under those IRC authorities, the TTB regulations in 27 CFR
part 25 require brewers to file a surety bond using TTB F 5130.22,
Brewer’s Bond, or a collateral bond backed by U.S. Treasury
securities, notes, or cash using TTB F 5130.25, Brewer’s Collateral
Bond. To continue an existing bond, a brewer may furnish a surety
bond continuation certificate using TTB F 5130.23 or a collateral
bond continuation certificate using TTB F 5130.27, as appropriate.
The collected information is necessary to protect the revenue as
the required bonds ensure payment of any delinquent excise tax
liabilities.
There are no program changes
associated with this information collection at this time. As for
adjustments, due to changes in agency estimates, TTB is decreasing
the estimated number of respondents, responses, and burden hours
associated with this information collection, from 652 annual
respondents and responses to 224, and from 422 hours to 189. TTB
attributes those decreases to the number of new and existing small
brewers that are now exempt from the requirement to furnish or
renew a brewer’s bond, as provided in 26 U.S.C. 5551(d).
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.