Rev. Rul. 55-101

Under the provisions of the Internal Revenue Code of 1954, and the regulations promulgated pursuant thereto, the method of payment of internal revenue excise taxes on beer and wine imposed by sections 5051 and 5041 of the Code of 1954 will be by tax returns instead of by stamps. See 26, the Beer Regulations, CFR Part 245, and the Wine Regulations, 26 CFR Part 240, effective January 1, 1955. Under such regulations, the sale of beer and wine stamps was discontinued as of the close of business on December 31, 1954.

From 2034, `Beer Tax Return,' provides spaces for showing the name and address of the brewery and for the date and signature of the person executing the return, as well as the `capacity' in which he signs. There are five lines at the top of the form for entering the amounts of the total taxes due from Schedule A, plus adjustments, gross tax, minus adjustments, and tax to be paid with the return. Schedule A provides for showing the total barrels of keg beer and bottled beer, as well as the amount of tax, which is the same amount to be entered on line 1 at the top of the form. Schedules B and C will be used for reflecting information on adjustments which will increase or decrease the amount of tax due the Government. At the top of the return form, space has been provided for showing the `Serial No.' of the return which, for each taxpayer, will begin with `1' on January 1 of each calendar year.

Form 2050, `Wine Tax Return,' provides space at the top for showing the name of the taxpayer, the operating bonded name of the winery or wine cellar and the number and address thereof. Immediately below, five spaces are provided for showing the total tax from Schedule A, adjustments from Schedule B, total, less credit adjustments from Schedule C, and the amount of tax to be paid with the return. Spaces are then indicated for the signature of the individual signing the return, the capacity in which he signs, and the date. Schedule A provides for information showing the computation of the tax, and Schedules B and C provide spaces for indicating the plus and minus adjustments. There is also provided at the top of the form a space for showing the serial number of the return. Such serial number will begin with `1' for each taxpayer on the first day of each calendar year.

Form 2052, `Prepayment of Wine Tax,' has been adopted as the form for use of wineries and wine cellars in connection with the prepayment of the wine tax. Such form is self-explanatory and will be serially numbered in the same manner as Form 2050.

The beer tax return, Form 2034, will be prepared in quadruplicate and will be submitted, with the accompanying remittance, to the District Director of Internal Revenue not later than the close of the business day next succeeding that on which the tax liability is incurred, except that Form 2034 need not be prepared nor the remittance of the tax made until the total gross tax (for one or more days) reaches $100. However, regardless of the amount of gross tax, Form 2034, with remittance, will be prepared and filed covering the last day or days of the next preceding month, even though the amount of tax due is less than $100. The time for filing the wine tax return, Form 2050, is the same, except that the tax due will be allowed to accumulate until the total for successive days is $10 instead of $100.

The original and one copy of Form 2034 or Form 2050, with remittance in full for the net amount of tax, will be mailed or delivered to the District Director of Internal Revenue. One copy of the return will be retained by the taxpayer, and the remaining copy, in the case of brewers, will be transmitted to the Assistant Regional Commissioner, Alcohol and Tobacco Tax, with Form 103, `Brewer's Monthly Report of Operations,' not later than the 10th day of the succeeding month. The tax may be paid by cash, or by check or money order made payable to the `District Director of Internal Revenue.' The Wine Regulations provide that where the proprietor of a bonded winery or a bonded wine cellar desires to remove wine subject to tax in an amount in excess of his tax deferral bond coverage, Form 2052 will be used and filed in duplicate with the District Director of Internal Revenue, accompanied by an appropriate remittance.

Beer and wine stamps which were not used and which were in the hands of brewers and proprietors of wine cellars and wineries at the close of business on December 31, 1954, may be submitted for redemption on Form 843 to the Assistant Regional Commissioner, Alcohol and Tobacco Tax. (See the Miscellaneous Regulations Relating to Liquor, 26 CFR Part 170.)

Copies of the several forms which are discussed in this Revenue Ruling are available from the offices of the Assistant Regional Commissioner, Alcohol and Tobacco Tax