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26 U.S.C. § 5011

Income tax credit for average cost of carrying excise tax

United States · Title 26 — INTERNAL REVENUE CODE · Status: effective

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26 U.S.C. § 5011, Income tax credit for average cost of carrying excise tax, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/463609
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Full text

For purposes of section 38, the amount of the distilled spirits credit for any taxable year is the amount equal to the product of— in the case of— any eligible wholesaler, the number of cases of bottled distilled spirits— For purposes of this section, the term “eligible wholesaler” means any person which holds a permit under the Federal Alcohol Administration Act as a wholesaler of distilled spirits which is not a State or political subdivision thereof, or an agency of either. For purposes of this section, the average tax-financing cost per case for any calendar year is the amount of interest which would accrue at the deemed financing rate during a 60-day period on an amount equal to the deemed Federal excise tax per case. For purposes of paragraph (1), the deemed financing rate for any calendar year is the average of the corporate overpayment rates under paragraph (1) of section 6621(a) (determined without regard to the last sentence of such paragraph) for calendar quarters of such year. For purposes of paragraph (1), the deemed Federal excise tax per case is $25.68. For purposes of this section— The term “case” means 12 80-proof 750-milliliter bottles. The number of cases in any lot of distilled spirits shall be determined by dividing the number of liters in such lot by 9.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.