Under the IRC at 26 U.S.C. 5061(a) and 5703(b), the Federal alcohol and tobacco excise tax is collected on the basis of a return. Businesses, other than those in Puerto Rico, report their Federal excise tax liability on those products on TTB F 5000.24, Excise Tax Return. TTB uses the information provided on the return form to establish the taxpayer's identity, the amount and type of taxes due, and the amount of payments made. This information is necessary for the collection of the revenue.
Section 332 of the Protecting Americans from Tax Hikes Act of 2015 amended the IRC at 26 U.S.C. 5061(d)(4) to provide for a new annual tax return period for certain small alcohol excise taxpayers (PATH Act; Division Q of the Consolidated Appropriations Act, 2016, Public Law 114â113) . This program change was reported in the last approval request TTB submitted for this information collection. However, in this submission, TTB is reporting an adjustment to the burden associated with this information collection due to that program change and subsequent changes in agency estimates. Specifically, TTB is decreasing the estimated number of annual responses to this information collection from 170,017 to 114,517, and, as result, is decreasing the estimated number of annual burden hours, from 127,513 hours to 85,888. This decrease is due to the number of small alcohol excise taxpayers who will now file annual tax returns, rather than semi-monthly or quarterly, under the recent amendment made to the IRC at 26 U.S.C. 5061(d)(4). TTB also expects that additional small alcohol excise taxpayers who are eligible to pay taxes and file returns quarterly will begin doing so in lieu of filing semimonthly returns. Under 26 U.S.C. 5061(d)(4), as amended, to pay alcohol excise taxes and file returns quarterly, a taxpayer must reasonably expect to be liable for not more than $50,000 in such taxes for the calendar year and must be liable for not more than $50,000 in such taxes in the preceding year. To pay tax and file returns annually, a taxpayer must reasonably expect to be liable for not more than $1,000 in such taxes for the calendar year and must be liable for not more than $1,000 in such taxes in the preceding year.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.