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prior
to the bottling, packing, importation or removal of wine, distilled
spirits or malt beverages from the plant where bottled or packed,
or from Customs custody. As indicated in the instructions on
the reverse of this form, only exact copies may be used in lieu
of an original form.
In
the past, copies of forms with smaller font sizes, misspelled
or missing words, illegible print and other variations were
accepted. Beginning January 31, 2002, these will no longer be
accepted. Not only are these forms often inaccurate, but they
also require substantially more time for label specialists to
review, thus increasing processing time. Using the ATF original
forms or photocopies thereof will benefit both the industry
and the division. Original ATF Forms 5100.31 may be obtained
at no charge by contacting the ATF Distribution Center at (703)
455-7801. You may also download a PDF version of the form from
the ATF Internet site: www.atf.gov/forms/
pdfs/f510031.pdf. Please note that if the form is printed
from the internet site, 8.5" x 14" legal-size paper
must be used. In the next few weeks ATF will add a Microsoft
Word version of this form to our web site. This version of the
form will allow you to type the information required on the
form on your computer, print it, attach your label(s) and mail
or hand carry the application to ATF.
ATF
is also developing paperless electronic filing of COLA forms
which will enable you to submit the completed application via
the internet, check the status of your applications, and receive
a response on approval or rejection on-line. It is anticipated
that this system will be available by January 2003.
We
have also noticed an increase in the number of ATF F 5100.31's
submitted without being completed in their entirety. Correctly
completed forms enable label specialists to process the applications
more efficiently and accurately. Please help the Alcohol Labeling
and Formulation Division maintain its efficiency by submitting
correct versions of the form that contain all of the required
information. If you have any questions, please contact ALFD
Customer Service at (202) 927-8140, toll
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free (866) 927-ALFD (2533) or by email at alfd@atfhq.atf.treas.gov.
q
Claims
Filed
By
Joyce Thompson (513) 684-3334
Recently
we have been receiving a number of claims filed by tobacco importers
on tobacco products that have been withdrawn from the market
for destruction. These claims are filed for refund of the tax
paid on tobacco products. When a tobacco importer prepares to
file a destruction claim, he must first call an ATF field office
to give ATF the opportunity to inspect the destruction. The
claimant must file the ATF F 2635(5620.8) as well as ATF F 5200.7,
Schedule of Tobacco Products, Cigarette Papers or Tubes Withdrawn
from the Market. Claims that have been received requesting refund
on shortages cannot be allowed by ATF as that is strictly an
overpayment. Also, when processing these claims be sure that
the claimant is not claiming on products that have been partially
paid by the freight forwarder/airline. q
Brewer's
Bond
By
Anthony Heagney (513) 684-3334
Every
person intending to commence a brewery business must file a
Brewer's Bond at the time of filing the original Brewer's Notice.
A Brewer's Bond is effective for four years. If the brewery
intends to continue operations, it must file a superseding bond
or continuation certificate every four years. Failure to obtain
a superseding bond or continuation certificate may lead to the
brewery being placed on prepayment status. This means that excise
tax payments will no longer be deferred and excise tax will
be due before any beer is removed for sale or consumption. A
brewery could also be instructed to cease and desist operations
until a superseding bond or continuation certificate is received.
Breweries
are reminded to ensure that they have proper bond coverage.
Many breweries obtain the minimum $1,000 bond when they begin
business. As business increases, it is easily forgotten that
the amount of the bond may also need to be increased. The amount
of the bond is equal to ten percent of the maximum amount of
tax that the brewer is liable to pay during a calendar year
during the period of the bond.
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To compute the bond amount, multiply the applicable beer tax
rate by ten percent then by the number of barrels of beer to
be removed:
l
For transfer to the brewery from other breweries owned
by the same brewer;
l
Without tax payment for export or use as supplies on
vessels and aircraft;
l
Without tax payment for use in research, development,
or testing; or
l
For consumption or sale.
If
you have any questions relating to your bond, or need assistance
in determining the proper amount of your bond, call the National
Revenue Center at (513) 684-2238. q
Helpful Tips for Wineries
By
Scott Cain (513) 684-3334
When
completing your Report of Wine Premises Operations, ATF F 5120.17,
formerly Form 702, the Wine Section would like to remind all
of its industry members to be mindful of the following tips.
Please use the Operating Name of your Winery along with your
premise address and telephone number in the section marked "Operated
By". If you do not use an operating name, use the "Owner
Name". You must enter the month and the year the report
covers. The Registry Number is in the following format, BW-CA-9999.
Please leave out leading zeros in the registry number. We also
ask that you include your EIN No. (employer identification number).
There is no line for the EIN, but it is extremely useful to
our office. Please enter the figures on the front and the back
page with only two places behind the decimal point and do not
use any negative numbers (i.e. minus signs or numbers in parenthesis).
Please write legibly, as neatness counts! Always remember that
the amount of gallons entered in the "removed taxpaid"
lines on the operations report is the same amount of gallons
that tax should be paid on the two (or three for Sept.) excise
tax returns for that month. If you have any questions please
do not hesitate to call the NRC at 1-800-398-2282 and
ask for the Wine Section. q
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