[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 869-870]
 
            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 C_Special (Occupational) Taxes
 
Sec.  31.24  Wholesale dealer in liquors.

    (a) General. Every person who sells or offers for sale distilled 
spirits, wines, or beer to another dealer is, except as

[[Page 870]]

provided in paragraph (b) of this section, a wholesale dealer in 
liquors. Except during the suspension period described in Sec.  
31.21(b), every wholesale dealer in liquors is required to pay special 
tax at the rate specified in Sec.  31.101 for such dealer, unless such 
dealer is exempt from such special tax as provided in paragraph (c) of 
this section. During the suspension period when no tax is due, the 
dealer must register by filing the special tax return, Form 5630.5, in 
accordance with Sec.  31.21(b).
    (b) Persons not deemed to be wholesale dealers in liquors. The 
following persons are not deemed to be wholesale dealers in liquors 
within the meaning of 26 U.S.C. chapter 51, and are not required to pay 
special tax (or to register during the suspension period described in 
Sec.  31.21(b)) as such dealer:
    (1) A wholesale dealer in beer as defined in Sec.  31.26,
    (2) A person who only sells or offers for sale distilled spirits, 
wines, or beer as provided in Sec. Sec.  31.188 through 31.190 or Sec.  
31.192, or
    (3) A person returning liquors for credit, refund, or exchange as 
provided in Sec.  31.193.
    (c) Persons exempt from special tax. (1) The following persons are 
exempt from special tax (and from registration during the suspension 
period described in Sec.  31.21(b)) as wholesale dealers in liquors:
    (i) A retail dealer in liquors who consummates sales of distilled 
spirits, beer or wine, or any combination thereof, to a limited retail 
dealer at the place where such retail dealer in liquors has paid the 
special tax (or has registered during the suspension period described in 
Sec.  31.21(b)) as such dealer for the current tax year,
    (ii) A retail dealer in beer who, having paid the special tax (or 
having registered during the suspension period described in Sec.  
31.21(b)) as such dealer for the current tax year, consummates sales at 
his place of business of beer to a limited retail dealer, or
    (iii) A person who is exempt from such tax under the provisions of 
Sec. Sec.  31.181 through 31.184.
    (2) A wholesale dealer in liquors who has paid the special tax (or 
has registered during the suspension period described in Sec.  31.21(b)) 
as such dealer at the place or places from which he conducts his selling 
operations is exempt from additional special tax (or from additional 
registration during the suspension period described in Sec.  31.21(b)) 
on account of his sales of beer or wines to other dealers at the places 
of business of such dealers.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1340, as amended, 1344, as amended; 
sec. 1905, Pub. L. 94-455, 90 Stat. 1819 (26 U.S.C. 5111, 5112, 5113, 
5123))

[T.D. TTB-36, 70 FR 62248, Oct. 31, 2005]