# § 5114. Drawback
**(a)** **Rate of drawback** In the case of distilled spirits on which the tax has been paid or determined, and which have been used as provided in this subpart, a drawback shall be allowed on each proof gallon at a rate of $1 less than the rate at which the distilled spirits tax has been paid or determined.
**(b)** **Claims** Such drawback shall be due and payable quarterly upon filing of a proper claim with the Secretary; except that, where any person entitled to such drawback shall elect in writing to file monthly claims therefor, such drawback shall be due and payable monthly upon filing of a proper claim with the Secretary. The Secretary may require persons electing to file monthly drawback claims to file with him a bond or other security in such amount and with such conditions as he shall by regulations prescribe. Any such election may be revoked on filing of notice thereof with the Secretary. No claim under this subpart shall be allowed unless filed with the Secretary within the 6 months next succeeding the quarter in which the distilled spirits covered by the claim were used as provided in this subpart.
**(c)** **Allowance of drawback even where certain requirements not met**
**(1)** **In general** No claim for drawback under this section shall be denied in the case of a failure to comply with any requirement imposed under this subpart or any rule or regulation issued thereunder upon the claimant’s establishing to the satisfaction of the Secretary that distilled spirits on which the tax has been paid or determined were in fact used in the manufacture or production of medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which were unfit for beverage purposes.
**(2)** **Penalty**
**(A)** **In general** In the case of a failure to comply with any requirement imposed under this subpart or any rule or regulation issued thereunder, the claimant shall be liable for a penalty of $1,000 for each failure to comply unless it is shown that the failure to comply was due to reasonable cause.
**(B)** **Penalty may not exceed amount of claim** The aggregate amount of the penalties imposed under subparagraph (A) for failures described in paragraph (1) in respect of any claim shall not exceed the amount of such claim (determined without regard to subparagraph (A)).
**(3)** **Penalty treated as tax** The penalty imposed by paragraph (2) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6665(a).
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**Source Credit**: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1346, § 5134; amended Pub. L. 90–615, § 2(a), Oct. 21, 1968, 82 Stat. 1210; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98–369, div. A, title IV, § 452, July 18, 1984, 98 Stat. 819; Pub. L. 103–465, title I, § 136(b), Dec. 8, 1994, 108 Stat. 4841; Pub. L. 104–188, title I, § 1704(t)(12), Aug. 20, 1996, 110 Stat. 1888; renumbered § 5114, Pub. L. 109–59, title XI, § 11125(b)(3)(A), Aug. 10, 2005, 119 Stat. 1953.)
## Editorial Notes
### Prior Provisions
A prior section 5114 was renumbered .
Another prior section 5114, , , related to recordkeeping by wholesale dealers, prior to the general revision of this chapter by .
A prior section 5115, added , , ; amended , , , related to requirement that a sign be posted on premises where liquor is sold and penalty for noncompliance, prior to repeal by , , .
Another prior section 5115, , , related to making and stamping packages filled on premises of wholesale dealers, prior to the general revision of this chapter by .
A prior section 5116 was renumbered .
Another prior section 5116, , , related to packaging of distilled spirits for industrial uses, prior to the general revision of this chapter by .
A prior section 5117, added , , ; amended , , ; , , , related to prohibited purchases by wholesale dealers in liquors, prior to repeal by , (c), , , 1957, effective , but inapplicable to taxes imposed for periods before such date.
### Amendments
2005— renumbered as this section.
1996—Subsec. (c)(3). substituted “section 6665(a)” for “section 6662(a)”.
1994—Subsec. (c)(1). substituted “flavoring extracts, or perfume” for “or flavoring extracts”.
1984—Subsec. (c). added subsec. (c).
1976— struck out “or his delegate” after “Secretary” wherever appearing.
1968—Subsec. (b). substituted “6 months” for “3 months” in last sentence.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1994 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1984 Amendment
Amendment by applicable to products manufactured or produced after , see , set out as an Effective Date note under .
### Effective Date of 1968 Amendment
> “The amendment made by subsection (a) [amending this section] shall apply to claims filed on or after the date of the enactment of this Act [
>
> ].”
, , , provided that: