Application to Establish and Operate Wine Premises, and Wine Bond

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form TTB F 5120.25 Permits Online - Original Winery Application	Form and Instruction	Modified	Available
Form TTB F 5120.25 Application to Establish and Operate Wine Premises	Form and Instruction	Modified	Repair queued
Form TTB F 5120.25 Application to Establish and Operate Wine Premises	Form and Instruction	Modified	Repair queued
Permits Online - Original Winery Application	Form and Instruction	Modified	Available
Form TTB F 5120.36w Wine Bond Worksheet	Form	Modified	Available
Form TTB F 5120.36 Wine Bond	Form and Instruction	Modified	Available
Form TTB F 5120.36 Wine Bond	Form and Instruction	Modified	Repair queued
OMB No. 1513-0009 Supporting Statement (01-2024).docx	Supporting Statement A	Uploaded 2024-01-25	Repair queued
Permits Online Customer User Guide (TTB P 5020.06; 05-2015).pdf	Supplementary Document	Uploaded 2017-08-18	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
44767	Application to Establish and Operate Wine Premises	Form and Instruction	Modified	Permits Online - Original Winery Application
44767	Application to Establish and Operate Wine Premises	Form and Instruction	Modified	Application to Establish and Operate Wine Premises
44767	Application to Establish and Operate Wine Premises	Form and Instruction	Modified
15953	Wine Bond	Form and Instruction	Modified	Permits Online - Original Winery Application
15953	Wine Bond	Form	Modified	Wine Bond Worksheet
15953	Wine Bond	Form and Instruction	Modified	Wine Bond
15953	Wine Bond	Form and Instruction	Modified
15953	Wine Bond	Instruction	Modified

ICR Details

OMB Control No: 1513-0009	ICR Reference No: 202401-1513-019
Status: Active	Previous ICR Reference No: 202010-1513-020
Agency/Subagency: TREAS/TTB	Agency Tracking No: ICN 91 - 1/20
Title: Application to Establish and Operate Wine Premises, and Wine Bond
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/09/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/31/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2027	36 Months From Approved	04/30/2024
Responses	5,800	0	7,315
Time Burden (Hours)	5,600	0	7,096
Cost Burden (Dollars)	7,220	0	5,850

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Abstract: The Internal Revenue Code (IRC), at 26 U.S.C. 5351 through 5357, provides for the establishment of bonded wine cellars, bonded wineries, and taxpaid wine bottling houses and, to establish such wine premises, these IRC sections require the filing of applications and bonds as required by regulations issued by the Secretary of the Treasury. Under those IRC authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued TTB F 5120.25, Application to Establish and Operate Wine Premises, to collect information that it uses to determine the qualifications under the IRC of an applicant applying to establish and operate a new wine premises. Proprietors of established wine premises also use TTB F 5120.25 to report changes to certain required information such as location and ownership. Wine premises proprietors use TTB F 5120.36, Wine Bond, to file bond coverage with TTB, unless they are exempt from the bond requirement as described in the IRC at 26 U.S.C. 5551(d). The bond may be secured through a surety company, or it may be secured with collateral (Treasury securities or notes or by cash). The required bond protects the revenue by ensuring payment of delinquent Federal wine excise tax liabilities.

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Authorizing Statute(s): US Code: 26 USC 5351 through 5357 Name of Law: Internal Revenue Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 81531	11/22/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 6184	01/31/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Application to Establish and Operate Wine Premises	TTB F 5120.25, TTB F 5120.25	Application to Establish and Operate Wine Premises ,   Permits Online - Original Winery Application
Wine Bond	TTB F 5120.36w, None, TTB F 5120.36	Wine Bond ,   Wine Bond Worksheet ,   Permits Online - Original Winery Application

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,800	7,315	0	0	-1,515	0
Annual Time Burden (Hours)	5,600	7,096	0	0	-1,496	0
Annual Cost Burden (Dollars)	7,220	5,850	0	0	1,370	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are no program changes associated with this collection approval request at this time. As for adjustments, due to changes in agency estimates, TTB is decreasing the overall estimated number of annual respondents, total responses, and burden hours associated with this information collection request, from 7,315 respondents to 5,800, from 7,315 responses to 5,800, and from 7,096 hours to 5,600. The overall adjustments to this information collection request result, in part, from a decrease in the number of annual respondents to the Wine Premises Application information collection, from an estimated 5,990 to 4,640, and a decrease in the number of annual respondents to the Wine Bond information collection, from 1,325 to 1,160. In particular, TTB notes a decrease in the number of Wine Premises Applications filed by small wine excise taxpayers to obtain the bond exemption authorized by 26 U.S.C. 5551(d). Many of those eligible for the wine bond exemption filed their applications in past years, resulting in the decrease in respondents to that information collection. Additionally, for the Wine Bond information collection, many new wine industry members are eligible for the wine bond exemption and are thus not required to file a wine bond under 26 U.S.C. 5551(d), TTB notes that the number of annual respondents to that information collection has decreased as well, from 1,325 to 1,160. Those decreases in the number of respondents therefore also results in decreases in the estimated total annual burden hours associated with each information collection.

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Annual Cost to Federal Government: $1,149,362

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 01/31/2024

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