§ 5761. Civil penalties
(a)
Omitting things required or doing things forbidden
Whoever willfully omits, neglects, or refuses to comply with any duty imposed upon him by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $1,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section
6651 or
6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment.
(b)
Failure to pay tax
Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations, shall, in addition to any other penalty provided in this title, be liable to a penalty of 5 percent of the tax due but unpaid.
(c)
Sale of tobacco products and cigarette papers and tubes for export
Except as provided in subsections (b) and (d) of section
5704—
(1)
every person who sells, relands, or receives within the jurisdiction of the United States any tobacco products or cigarette papers or tubes which have been labeled or shipped for exportation under this chapter,
(2)
every person who sells or receives such relanded tobacco products or cigarette papers or tubes, and
shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $1,000 or 5 times the amount of the tax imposed by this chapter. All tobacco products and cigarette papers and tubes relanded within the jurisdiction of the United States shall be forfeited to the United States and destroyed. All vessels, vehicles, and aircraft used in such relanding or in removing such products, papers, and tubes from the place where relanded, shall be forfeited to the United States. This subsection and section
5754 shall not apply to any person who relands or receives tobacco products in the quantity allowed entry free of tax and duty under subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States. No quantity of tobacco products other than the quantity referred to in the preceding sentence may be relanded or received as a personal use quantity.
(d)
Personal use quantities
(1)
In general
No quantity of tobacco products other than the quantity referred to in paragraph (2) may be relanded or received as a personal use quantity.
(2)
Exception for personal use quantity
Subsection (c) and section
5754 shall not apply to any person who relands or receives tobacco products in the quantity allowed entry free of tax and duty under chapter 98 of the Harmonized Tariff Schedule of the United States, and such person may voluntarily relinquish to the Secretary at the time of entry any excess of such quantity without incurring the penalty under subsection (c).
(3)
Special rule for delivery sales
(A)
In general
Paragraph (2) shall not apply to any tobacco product sold in connection with a delivery sale.
(B)
Delivery sale
For purposes of subparagraph (A), the term “delivery sale” means any sale of a tobacco product to a consumer if—
(f)
Cross references
For penalty for failure to make deposits or for overstatement of deposits, see section
6656.