Manufacturers of Nonbeverage Products - Records to Support Claims for Drawback, TTB REC 5530/2

The Internal Revenue Code (IRC) at 26 U.S.C.5001 imposes Federal excise tax on distilled spirits produced or imported into the United States. The IRC at 26 U.S.C. 5111–5114 allows manufacturers of certain “nonbeverage” products—medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume—to claim drawback (refund) of all but $1.00 per proof gallon of the excise tax paid on the distilled spirits contained in or used in the production of such products. Under those IRC authorities, TTB has issued regulations in 27 CFR part 17 governing nonbeverage product drawback claims, which includes requirements to keep source records supporting such claims. The required records, which may consist of usual and customary business records, document the distilled spirits received, taxes paid, date and quantity used, amount of alcohol recovered, other ingredients received and used (to validate formula compliance), quantity of intermediate products transferred to other plants, and the disposition or purchaser of the products. The collected information is necessary to protect the revenue as it helps prevent payment of incorrect or fraudulent drawback claims and the diversion to beverage use of distilled spirits on which respondents claim nonbeverage drawback.

The latest form for Manufacturers of Nonbeverage Products - Records to Support Claims for Drawback, TTB REC 5530/2 expires 2027-06-30 and can be found here.