26 U.S.C. § 5124 — Registration by dealers

Page 3180 TITLE 26—INTERNAL REVENUE CODE § 5123 nevolent, or ex-servicemen’s organization making sales of distilled spirits, wine or beer on the occasion of any kind of entertainment, dance, picnic, bazaar, or festival held by it, or any person making sales of distilled spirits, wine or beer to the members, guests, or pa- trons of bona fide fairs, reunions, picnics, car- nivals, or other similar outings, if such orga- nization or person is not otherwise engaged in business as a dealer. (4) Dealer The term ‘‘dealer’’ has the meaning given such term by section 5121(c)(3). (d) Cross references For provisions relating to the preservation and in- spection of records, and entry of premises for in- spection, see section 5123. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, § 5124; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; re- numbered § 5122 and amended Pub. L. 109–59, title XI, § 11125(b)(6), Aug. 10, 2005, 119 Stat. 1955.) Editorial Notes PRIOR PROVISIONS A prior section 5122, added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1344; amended Pub. L. 94–455, title XIX, § 1905(a)(10), Oct. 4, 1976, 90 Stat. 1819, defined ‘‘retail dealer in liquors’’, ‘‘retail dealer in beer’’, and ‘‘limited retail dealer’’, prior to repeal by Pub. L. 109–59, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5122, act Aug. 16, 1954, ch. 736, 68A Stat. 621, related to definition of retail dealers in liquors and beer, prior to the general revision of this chapter by Pub. L. 85–859. AMENDMENTS 2005—Pub. L. 109–59, § 11125(b)(6)(A), (B)(i), renum- bered section 5124 of this title as this section, trans- ferred section to this subpart so as to appear after sec- tion 5121, and substituted ‘‘Recordkeeping by retail dealers’’ for ‘‘Records’’ in section catchline. Subsec. (c). Pub. L. 109–59, § 11125(b)(6)(B)(iii), added subsec. (c). Former subsec. (c) redesignated (d). Pub. L. 109–59, § 11125(b)(6)(B)(ii), substituted ‘‘section 5123’’ for ‘‘section 5146’’. Subsec. (d). Pub. L. 109–59, § 11125(b)(6)(B)(iii), redesig- nated subsec. (c) as (d). 1976—Subsec. (b). Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–59 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 109–59, set out as a note under section 5002 of this title. § 5123. Preservation and inspection of records, and entry of premises for inspection (a) Preservation and inspection of records Any records or other documents required to be kept under this part or regulations issued pursu- ant thereto shall be preserved by the person re- quired to keep such records or documents, as the Secretary may by regulations prescribe, and shall be kept available for inspection by any in- ternal revenue officer during business hours. (b) Entry of premises for inspection The Secretary may enter during business hours the premises (including places of storage) of any dealer for the purpose of inspecting or ex- amining any records or other documents re- quired to be kept by such dealer under this chap- ter or regulations issued pursuant thereto and any distilled spirits, wines, or beer kept or stored by such dealer on such premises. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1348, § 5146; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; re- numbered § 5123, Pub. L. 109–59, title XI, § 11125(b)(7), Aug. 10, 2005, 119 Stat. 1955.) Editorial Notes PRIOR PROVISIONS A prior section 5123, added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1344; amended Pub. L. 87–863, § 4(a), Oct. 23, 1962, 76 Stat. 1142; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 100–647, title II, § 2004(t)(3), Nov. 10, 1988, 102 Stat. 3610, related to exemptions from special tax on certain wholesale and retail dealers in liquors or beer, prior to repeal by Pub. L. 109–59, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior section 5123, act Aug. 16, 1954, ch. 736, 68A Stat. 621, related to exemptions from tax on retail dealers of liquors or beer, prior to the general revision of this chapter by Pub. L. 85–859. AMENDMENTS 2005—Pub. L. 109–59 renumbered section 5146 of this title as this section and transferred section to this sub- part so as to appear after section 5122. 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing. § 5124. Registration by dealers Every dealer who is subject to the record- keeping requirements under section 5121 or 5122 shall register with the Secretary such dealer’s name or style, place of residence, trade or busi- ness, and the place where such trade or business is to be carried on. In the case of a firm or com- pany, the names of the several persons consti- tuting the same, and the places of residence, shall be so registered. (Added Pub. L. 109–59, title XI, § 11125(b)(8), Aug. 10, 2005, 119 Stat. 1955.) Editorial Notes PRIOR PROVISIONS A prior section 5124 was renumbered section 5122 of this title. Another prior section 5124, act Aug. 16, 1954, ch. 736, 68A Stat. 622, related to recordkeeping requirements of retail dealers in liquors or beer, prior to the general re- vision of this chapter by Pub. L. 85–859. A prior section 5125, added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1345, set out cross references, prior to repeal by Pub. L. 109–59, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, ef- fective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section Page 3181 TITLE 26—INTERNAL REVENUE CODE § 5132 11125(c) of Pub. L. 109–59, set out as an Effective Date of 2005 Amendment note under section 5002 of this title. SUBPART D—OTHER PROVISIONS Sec. 5131. Packaging distilled spirits for industrial uses. 5132. Prohibited purchases by dealers. Editorial Notes PRIOR PROVISIONS A prior subpart D, consisting of sections 5111 to 5117, related to wholesale dealers in liquors or beer, prior to repeal, except for sections 5114 and 5116, by Pub. L. 109–59, title XI, § 11125(a)(1)(C), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior subpart D, consisting of sections 5111 to 5116, related to wholesale dealers, prior to the gen- eral revision of this chapter by Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1313. A prior subpart E, consisting of sections 5121 to 5125, related to retail dealers, prior to repeal, except for sec- tion 5124, by Pub. L. 109–59, title XI, § 11125(a)(1)(D), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior subpart E, consisting of sections 5121 to 5124, related to retail dealers, prior to the general revi- sion of this chapter by Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1313. A prior subpart F was redesignated subpart B of this part. Another prior subpart F, consisting of sections 5131 to 5134, related to nonbeverage domestic drawback claim- ants, prior to the general revision of this chapter by Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1313. A prior subpart G, consisting of sections 5141 to 5149, related to general provisions, prior to repeal, except for sections 5142, 5143, 5145, and 5146, by Pub. L. 109–59, title XI, § 11125(a)(1)(E), (c), Aug. 10, 2005, 119 Stat. 1953, 1957, effective July 1, 2008, but inapplicable to taxes imposed for periods before such date. Another prior subpart G, consisting of sections 5141 to 5149, related to general provisions, prior to the gen- eral revision of this chapter by Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1313. AMENDMENTS 2005—Pub. L. 109–59, title XI, § 11125(b)(10), Aug. 10, 2005, 119 Stat. 1955, added subpart heading and items 5131 and 5132. § 5131. Packaging distilled spirits for industrial uses (a) General The Secretary may, at his discretion and under such regulations as he may prescribe, au- thorize a dealer (as defined in section 5121(c)) en- gaging in the business of supplying distilled spirits for industrial uses to package distilled spirits, on which the tax has been paid or deter- mined, for such uses in containers of a capacity in excess of 1 wine gallon and not more than 5 wine gallons. (b) Cross reference For provisions relating to containers of distilled spirits, see section 5206. (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1343, § 5116; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–39, title VIII, § 807(a)(12), July 26, 1979, 93 Stat. 282; Pub. L. 98–369, div. A, title IV, § 454(c)(3), July 18, 1984, 98 Stat. 821; renumbered § 5131 and amended Pub. L. 109–59, title XI, § 11125(b)(11), Aug. 10, 2005, 119 Stat. 1956.) Editorial Notes PRIOR PROVISIONS A prior section 5131 was renumbered section 5111 of this title. Another prior section 5131, act Aug. 16, 1954, ch. 736, 68A Stat. 622, related to eligibility for drawback and rate of tax, prior to the general revision of this chapter by Pub. L. 85–859. AMENDMENTS 2005—Pub. L. 109–59, § 11125(b)(11), renumbered section 5116 of this title as this section and transferred section to this subpart so as to appear after subpart analysis. Subsec. (a). Pub. L. 109–59, § 11125(b)(11), inserted ‘‘(as defined in section 5121(c))’’ after ‘‘dealer’’. 1984—Subsec. (b). Pub. L. 98–369 substituted ‘‘ref- erence’’ for ‘‘references’’ in heading, struck out former par. (1) which provided a cross reference to section 5205(a)(1) of this title regarding stamps for immediate containers, and struck out designation ‘‘(2)’’ preceding provisions relating to containers of distilled spirits. 1979—Subsec. (b)(1). Pub. L. 96–39 substituted ‘‘section 5205(a)(1)’’ for ‘‘section 5205(a)(2)’’. 1976—Subsec. (a). Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–59 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Pub. L. 109–59, set out as a note under section 5002 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 1, 1985, see section 456(b) of Pub. L. 98–369, set out as an Effec- tive Date note under section 5101 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as a note under sec- tion 5001 of this title. § 5132. Prohibited purchases by dealers (a) In general Except as provided in regulations prescribed by the Secretary, it shall be unlawful for a deal- er to purchase distilled spirits for resale from any person other than a wholesale dealer in liq- uors who is required to keep the records pre- scribed by section 5121. (b) Limited retail dealers A limited retail dealer may lawfully purchase distilled spirits for resale from a retail dealer in liquors. (c) Penalty and forfeiture For penalty and forfeiture provisions applicable to violations of subsection (a), see sections 5687 and 7302. (Added Pub. L. 109–59, title XI, § 11125(b)(12), Aug. 10, 2005, 119 Stat. 1956.) Editorial Notes PRIOR PROVISIONS A prior section 5132 was renumbered section 5112 of this title.