53.159—Deposit requirement for deposits made for calendar quarters beginning on or after July 1, 1995.
(a) Definitions—
(1) Definition of tax liability.
For purposes of this section, the term “tax liability” means the total tax liability for the specified period plus or minus any allowable adjustments made in accordance with the instructions applicable to the form on which the return is made.
(2) Semimonthly period.
Except as provided in paragraph (c)(4)(ii) of this section, the term “semimonthly period” means the first 15 days of a calendar month or the remaining portion of a calendar month following the 15th day of that month.
(b) In general—
(1) Semimonthly deposits.
Except as provided in paragraphs (b)(2), (c)(2), and (j) of this section, any person required to file a quarterly excise tax return on TTB Form 5300.26 must make a deposit of tax for each semimonthly period as prescribed in paragraph (c) of this section.
(2) One-time or occasional filings.
No deposit is required in the case of any taxes reportable on a one-time or occasional filing (as defined in § 53.151(a)(5) ).
(c) Amount of deposit—
(1) In general.
Except as provided in paragraphs (c)(2), (c)(3) and (c)(6) of this section, the deposit of tax for each semimonthly period must be equal to the amount of tax liability incurred during that semimonthly period. Except as provided in paragraph (c)(3) of this section, no deposit is required for any semimonthly period in which no tax liability is incurred.
(2) De minimis exception.
Except as provided in paragraph (c)(3) of this section, any person who has a tax liability for the current calendar quarter of $2,000 or less is not required to make deposits for that quarter. However, semimonthly deposits of tax are required beginning with the semimonthly period in which unpaid tax liability exceeds $2,000 and for every semimonthly period thereafter in which tax liability is incurred. The first deposit for the current quarter shall be equal to the unpaid tax liability; thereafter, deposits shall be equal to the amount of tax liability incurred during that semimonthly period.
(3)
Amount of deposit; safe harbor rule based on look-back quarter liability; In general. Except as provided in paragraph (c)(6) of this section, any person who made a return of tax on TTB Form 5300.26 reporting taxes for the second preceding calendar quarter (the “look-back quarter”), or who did not file a return for the look-back quarter because of the provisions of § 53.151(a)(2), is considered to have complied with the requirement for deposit of taxes for the current calendar quarter if—
(i)
The deposit of taxes for each semimonthly period in the current calendar quarter is an amount equal to not less than 1/6 (16.67 percent) of the total tax liability incurred for the look-back quarter;
(iii)
The amount of any underpayment of taxes for the current calendar quarter is paid by the due date of the return.
(4) Modification for third calendar quarter.
The safe harbor rule in paragraph (c)(3) of this section does not apply for the third calendar quarter unless—
(i)
The deposit of taxes for the semimonthly period July 1-September 15 meets the requirements of paragraph (c)(3) of this section; and
(ii)
Each deposit of taxes for the periods September 16-25 and September 26-30 is not less than 1/12th (8.34 percent) of the total tax liability incurred for the look-back quarter.
(5) Modification for tax rate increase—
(i) Application.
The safe harbor rule as prescribed in paragraph (c)(3) is modified for the first and second calendar quarters beginning on or after the effective date of an increase in the rate of any tax prescribed by 26 U.S.C. 4181 to which this part 53 applies.
(ii) Modification.
The amount of deposit for calendar quarters referred to in paragraph (c)(3) of this section must be adjusted so that the deposit of taxes for each semimonthly period in the calendar quarter is not less than 1/6 (16.67 percent) of the tax liability the person would have had with respect to the tax for the look-back quarter if the increased rate of tax had been in effect for that look-back quarter.
(6) First time filers.
Any person who did not file a return of tax on TTB Form 5300.26 for the first and second preceding calendar quarters because they were not engaged in any activity with respect to which tax is reportable on the return in the course of a trade or business, is considered to have complied with the requirement for deposit of taxes for the current calendar quarter if—
(i)
The deposit of taxes for each semimonthly period in the calendar quarter is not less than 95 percent of the tax liability incurred with respect to those taxes during the semimonthly period;
(iii)
The amount of any underpayment of taxes for the current calendar quarter is paid by the due date of the return.
(d) Failure to comply with deposit requirements.
(1)
If a person fails to make deposits as required under this part, the appropriate TTB officer may withdraw the person's right to use the safe harbor rule provided by paragraph (c)(3) of this section.
(2) Cross reference.
The appropriate TTB officer may also require a taxpayer who fails to make deposits of tax to file a monthly or semimonthly return, see § 53.151(b)(1).
(e) Time for making deposit.
Except for deposits for the period September 16-25, each deposit required to be made by this section shall be made not later than the 9th day of the semimonthly period following the close of the period for which it is made. The deposit for the period September 16-25 shall be made not later than September 28. The deposit for the period September 26-30, is due not later than October 9.
(f) Last day for filing.
(1)
Except as provided by paragraph (f)(2) of this section, if the due date of the deposit falls on a Saturday, Sunday, or legal holiday, the deposit and remittance shall be due on the next succeeding day which is not a Saturday, Sunday, or legal holiday. For purposes of this section, “legal holiday” is defined by section 7503 of the Code and 27 CFR 70.306(b) of this chapter.
(2)
If the required due date of the deposit for the period September 16-25 falls on a Saturday, the deposit and remittance shall be due on the preceding day. If such required due date falls on a Sunday, the return and remittance shall be due on the following day.
(g) Forms and procedures.
Each remittance of amounts required to be deposited shall be accompanied by Form 5300.27, Federal Firearms and Ammunition Excise Tax Deposit form, or Form 5300.26, Federal Firearms and Ammunition Excise Tax Return, which shall be prepared in accordance with the applicable instructions. Taxpayers electing to remit deposits by EFT pursuant to § 53.158 shall prepare and submit Form 5300.26 or Form 5300.27 in accordance with the instructions contained in Procedure 92-1, Publication 5000.11. The timeliness of the deposit will be determined by the date it is received by the lockbox financial institution, or the TTB officer designated on the form accompanying the deposit, or the Treasury Account, when made by EFT. In order for deposits of less than $20,000 made by U.S. Mail to be considered received timely, the date of mailing must be on or before the second day preceding the due date of the deposit as evidenced by the official postmark of the U.S. Postal Service stamped on the cover in which the deposit was mailed. When the postmark on the cover is illegible, the burden of proving when the postmark was made will be on the taxpayer. When the taxpayer sends the deposit by registered mail or by certified mail, the date of registry or the date of the postmark on the sender's receipt of certified mail, as the case may be, shall be treated as the date of delivery of the deposit. Any deposit of $20,000 or more must be received by the last day prescribed for making such deposit, regardless of when mailed. Amounts deposited pursuant to this paragraph shall be considered to be paid on the last day prescribed for filing the return in respect of the tax (determined without regard to any extension of time for filing the returns), or at the time deposited, whichever is later.
(h) Number of remittances.
A person required by this section to make deposits shall make one deposit for a semimonthly period.
(i) Procurement of prescribed forms.
Copies of the Federal Firearms and Ammunition Excise Tax Deposit form will be furnished, so far as possible, to persons required to make deposits under this section. Such a person will not be excused from making a deposit however, by the fact that no form has been furnished. A person not supplied with the form is required to obtain the form in ample time to make the required deposits within the time prescribed. Copies of the Federal Firearms and Ammunition Excise Tax Deposit form are available as provided in § 53.21(b).
(j) Taxpayers required to file monthly or semimonthly returns.
This section does not apply to taxes for:
(1)
Any month or semimonthly period in which the taxpayer receives notice pursuant to section 53.151(b) to file TTB Form 5300.26; or
(3)
Taxpayers required to file monthly returns shall make semimonthly deposits of 100 percent of the liability incurred during each semimonthly period by the 9th day of the month following the last day of the semimonthly period. Taxpayers required to file semimonthly returns shall pay any tax due for the semimonthly period with each return.
Code of Federal Regulations
Code of Federal Regulations
Semimonthly period | Deposit due by | Amount of deposit |
---|---|---|
April 1-15 | April 24, 1996 | $450.00 |
April 16-31 | May 9, 1996 | 450.00 |
May 1-15 | May 24, 1996 | 450.00 |
May 16-30 | June 10, 1996 | 450.00 |
June 1-15 | June 24, 1996 | 450.00 |
June 16-30 | July 9, 1996 | 450.00 |
Code of Federal Regulations
230
Code of Federal Regulations
Code of Federal Regulations
Semimonthly period | Deposit due by | Amount of deposit |
---|---|---|
Feb. 16-29 | March 11, 1996 | $0 |
March 1-15 | March 25, 1996 | 4,389 |
March 16-31 | April 9, 1996 | 2,194.50 |
Code of Federal Regulations
Semimonthly period | Deposit due by | Amount of deposit |
---|---|---|
July 1-15 | July 24, 1995 | $5000.00 |
July 16-31 | August 9, 1995 | 5000.00 |
Aug. 1-15 | August 24, 1995 | 5000.00 |
Aug. 16-31 | Sept. 11, 1995 | 5000.00 |
Sept. 1-15 | Sept. 25, 1995 | 5000.00 |
Sept. 16-25 | Sept. 28, 1995 | 2500.00 |
Sept. 26-30 | October 9, 1995 | 2500.00 |
Code of Federal Regulations
231