[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR31]

[Page 889]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 31_ALCOHOL BEVERAGE DEALERS--Table of Contents
 
              Subpart K_Change in Proprietorship or Control
 
Sec.  31.169  Change of control, persons having right of succession.

    Certain persons may, without paying additional special tax, secure 
the right to carry on the same business at the same address for the 
remainder of the tax year for which the special tax was paid, or for 
which registration was made during the suspension period described in 
Sec.  31.21(b). Such persons are:
    (a) The surviving spouse or child, or executor, administrator, or 
other legal representative of a deceased dealer;
    (b) A husband or wife succeeding to the business of his or her 
living spouse;
    (c) A receiver or trustee in bankruptcy, or an assignee for benefit 
of creditors; and
    (d) The partner or partners remaining after death or withdrawal of a 
member of a partnership.

In order to secure such right, the person or persons continuing the 
business shall file with TTB, within 30 days from the date on which the 
successor begins to carry on the business, an amended special tax return 
on Form 5630.5, showing the basis of the succession, and (except if the 
change of control occurs during the suspension period described in Sec.  
31.21(b) when a special tax stamp is not issued) shall surrender the 
unexpired special tax stamp or stamps for endorsement of the change in 
control: Provided, That, if the original return, Form 5630.5, was filed 
under the provisions of Sec.  31.106(b), the person succeeding to the 
business may deliver the amended return and stamp to any TTB office, or 
to any TTB officer inspecting the business, in lieu of mailing them to 
TTB. If the applicant has the right of succession and the return and 
stamp are submitted on time, the appropriate TTB officer or other TTB 
officer receiving them will enter the proper endorsement on the stamp 
and return it to the successor.

(68A Stat. 846, 72 Stat. 1347; 26 U.S.C. 7011, 5143)

[T.D. 7110, 36 FR 8036, Apr. 29, 1971. Redesignated at 40 FR 16835, Apr. 
15, 1975; as amended at 52 FR 19336, May 22, 1987. Redesignated and 
amended by T.D. TTB-25, 70 FR 19884, Apr. 15, 2005; T.D. TTB-36, 70 FR 
62253, Oct. 31, 2005]