DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WHEN DISASTER STRIKES
ATTENTION: RETAILERS, WHOLESALERS, IMPORTERS, EXPORT WAREHOUSE
PROPRIETORS AND MANUFACTURERS OF ALCOHOL AND
TOBACCO PRODUCTS
Businesses may file claims with the Bureau of Alcohol, Tobacco and Firearms (ATF) for payment of Federal excise taxes paid on alcoholic beverages or tobacco products lost, rendered unmarketable or condemned by a duly authorized official under various circumstances, including where the President has declared a major disaster. Go to claim form.
Claims are subject to a number of conditions, including:
You must file your claim with ATF within 6 months from the date of a disaster. If the President declares or determines a major disaster, claims must be filed no later than 6 months from the date the major disaster was declared.
Products lost due to theft are not eligible for payment.
For distilled spirits, wine and beer ATF will not allow claims for less than $250 for losses resulting from a disaster unless the President declared a major disaster. There is no minimum dollar amount placed on claims relating to Presidentially declared disasters.
For tobacco products, cigarette papers and tubes there is no minimum claim amount. However, tobacco retailers and wholesalers may file a claim only if the President has declared a major disaster.
ATF will not pay claims if insurance covers the excise tax amounts. For example, if your insurance policy covers the full amount that you paid for the alcohol or tobacco products, including the amount paid for any excise tax, then you are not eligible to file a claim for those products.
Your claim must state whether taxes were included in the purchase price of the products. If your claim includes imported products, state whether duties were included in the purchase price. Claims for customs duties must be submitted separately. Claims for tax on products of Puerto Rico must be filed with the government of Puerto Rico.
You must prove that you owned the products at the time of the disaster with the intent to sell them.
If your goods were in transit, you may be eligible for payment if you hold title to those goods. If any portion of your claim includes goods in transit, please include a statement indicating who held title at the time of the disaster.
ATF will pay claims without interest on an amount equal to taxes paid or determined on distilled spirits, wine, beer or tobacco products lost, made unmerchantable, or condemned by a duly authorized official as a result of fire, flood, or other disaster. Before you destroy any unmerchantable or condemned product contact your local ATF Industry Operations office and ask if they want to witness destruction.
26 U.S.C. 5064, for alcohol, and 26 U.S.C. 5705 and 5708, for tobacco, are the sections of the Internal Revenue Code which will allow you to file your claim for payment under various circumstances relating to disasters.
File your claims using ATF Form 2635 (5620.8), CLAIM - ALCOHOL, TOBACCO AND FIREARMS TAXES, at the following address:
Bureau of Alcohol, Tobacco and Firearms
National Revenue Center
Room 8002 Federal Office Building
550 Main Street
Cincinnati, Ohio 45202
Excise Tax Information - 1-800-398-2282 or 513-684-3337
You must file the following information for losses incurred. Please insert this data in Item 10 on ATF Form 2635(5620.8):
DISTILLED SPIRITS - Brand, type, bottle size, bottles per case, alcohol content (% or proof), number of cases, proof gallons per case, total in proof gallons, tax rate per unit, total tax.
WINE - Brand, type, bottle size, bottles per case, percent of alcohol by volume, liters per case, number of cases, total liters, tax rate per unit, total tax.
BEER - Brand, size of unit, number of units, tax rate per unit, total tax.
TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES - Brand, type of tobacco product, unit of measure, total quantity, tax rate, total tax. Provide proof that the products were taxed at the rate you are claiming or were removed taxpaid during the period that the rate was effective.
Any evidence or statement of the condition of the property made by state or local officials should be submitted with the claim form. Include a copy of your insurance policy with your claim. Supporting documentation is necessary to process your claim without delay. If your records are lost you may wish to obtain other supporting documentation that might be available such as copies of invoices from your supplier, copies of inventory records from your accountant, or copies of banking or insurance records.
ALCOHOL TAX RATES
Product |
Unit of Measure |
Tax Amount |
BEER [1] |
Per Barrel (31 gallons) |
|
Regular Rate |
$18 |
|
Reduced Rate |
$7 |
|
WINE [2] |
Wine Gallons |
|
14% & under |
$1.07 |
|
Over 14% to 21% |
$1.57 |
|
Over 21% to 24% |
$3.15 |
|
Naturally sparkling |
$3.40 |
|
Artificially Carbonated |
$3.30 |
|
HARD CIDER [3] |
Wine Gallons |
$0.226 |
DISTILLED SPIRITS [4] |
Proof Gallons |
$13.50 (less any credit for wine and flavor content) |
[1] Beer Reduced rates on first 600,000 barrels for brewer who produces less than 2 million barrels.
[2] $0.90 per w.g. credit for first 100,000 w.g. removed per year by small wineries producing not more than 150,000 w.g. per year. (Sliding scale rates exist for those wineries who produce between 150,000 and 250,000 gallons during a calendar year.)
[3] Cider credit is $0.056 per w.g. for first 100,000 w.g. removed per year for producers of not more than 150,000 w.g. per year.
[4] Show quantities of domestic liquors and imported liquors separately on the claim. Virgin Island liquors must also be shown separately. Claims for customs duties and claims for Puerto Rico liquors must be submitted separately.
TOBACCO PRODUCTS TAX RATES
Product |
Unit of Measure |
Tax Amount 1/1/2000 to 12/31/2001 |
Tax Amount Effective 1/1/2002 |
CIGARETTES, Small (Class A) [5] |
Per 1000 |
$17.00 |
$19.50 |
CIGARETTES, Large [5] |
Per 1000 |
$35.70 |
$40.95 |
CIGARS, Small |
Per 1000 |
$1.594 |
$1.828 |
CIGARS, Large (3 pounds or more per 1000) |
Per 1000 |
18.063% of price sold, but not more than $42.5 per 1000 |
20.719% of price sold, but not more than $48.75 per 1000 |
PIPE TOBACCO |
Per Pound |
95.67 Cents |
$1.0969 |
ROLL-YOUR-OWN TOBACCO |
Per Pound |
95.67 Cents |
$1.0969 |
CHEWING TOBACCO |
Per Pound |
17 Cents |
19.5 Cents |
SNUFF |
Per Pound |
51 Cents |
58.5 Cents |
CIGARETTE PAPERS |
Per 50 |
1.06 Cents |
1.22 Cents |
CIGARETTE TUBES |
Per 50 |
2.13 Cents |
2.44 Cents |
[5] Small Cigarettes are less than 3 pounds per 1000, & Large Cigarettes are 3 pounds or more per 1000. Almost all domestic cigarettes are Small Cigarettes.
ATF I 1200.68 (8-2000)