Indiana Administrative Code — Title 45 (Dept. of State Revenue)
45 IAC 7-4-1
Persons responsible for tax payment
Sec. 1. (a) Except as otherwise provided in IC 7.1-4, the following permit holders are required to collect the specific alcohol
excise taxes on the first sale or withdrawal for sale of an alcoholic beverage within Indiana:
(1) The persons liable for the beer excise tax are governed by IC 7.1-4-2-2.
(2) A permittee listed in IC 7.1-4-3-2 is liable for the collection and payment of the liquor excise tax.
(3) A permittee listed in IC 7.1-4-4-3, as well as a direct wine seller, is liable for the collection and payment of the wine
excise tax.
(4) A permittee listed in IC 7.1-4-4.5-3 is liable for the collection and payment of the hard cider excise tax.
(5) A permittee listed in IC 7.1-4-5-2, [IC 7.1-4-5 was repealed by P.L.285-2019, SECTION 57, effective July
1, 2019.] is liable for the collection and payment of the malt excise tax.
(b) The taxes listed in subsection (a) are imposed on the sale or gift, or withdrawal for sale or gift, to a person of an alcoholic beverage
subject to that tax, regardless of whether or not the person purchasing the alcoholic beverage is authorized to purchase or receive it.
(c) The alcoholic beverage subject to the taxes shall be taxed only once, at the first sale or withdrawal for sale, in the following manner:
(1) When a primary source of alcohol located within the state of Indiana sells, or withdraws for sale, alcohol to a person in Indiana,
the primary source of alcohol is responsible for paying the alcoholic beverage excise tax.
(2) When a wholesaler located within Indiana receives alcohol from a primary source of alcohol not located within Indiana, the
wholesaler located within Indiana is responsible for paying the alcoholic beverage excise tax.
(3) When a permit holder sells, or withdraws for sale, alcohol directly to a retailer or consumer, the permit holder is responsible for
paying the tax.
Amendment history
(Department of State Revenue; 45 IAC 7-4-1; filed Sep 7, 2016, 4:11 p.m.: 20160928-IR- 045160002FRA)
Source: view the official text
Nearby sections (25 sections)
- 7-0.5-3 · "Alcoholic beverage excise tax" defined
- 7-1-1 · Penalty for nonpayment and failure to file a return
- 7-1-2 · Notice of failure to pay (Repealed)
- 7-1-3 · Penalty for nonpayment after notice (Repealed)
- 7-2-1 · Confidential information; disclosure
- 7-3-1 · Eligibility for refund (Repealed)
- 7-3-2 · Filing refund claim (Repealed)
- 7-3-3 · Monthly report breakdown (Repealed)
- 7-3-4 · Production and sales reports to substantiate claim (Repealed)
- 7-3-5 · Wholesaler refund requirements (Repealed)
- 7-3-5.5 · Deduction and refund requirements
- 7-3-6 · Proof required to receive deduction or refund for exempt…
- 7-4-1 · Persons responsible for tax payment
- 7-4-2 · Samples
- 7-5-1 · Monthly reports
- 7-5-2 · Primary source reporting
- 7-6-1 · Exemptions from alcoholic beverage excise tax
- 8 · ARTICLE 8. CIGARETTES (REPEALED)
- 8.1-1-1 · Covered transactions; intent of act
- 8.1-1-2 · Distribution of sample packages; collection of tax by…
- 8.1-1-3 · Exemption; sales to United States government
- 8.1-1-4 · "Cigarette" defined (Repealed)
- 8.1-1-5 · "Individual package" defined (Repealed)
- 8.1-1-6 · "Person" or "company" defined (Repealed)
- 8.1-1-7 · "Department" defined (Repealed)