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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1513-0009
ICR Reference No:
202401-1513-019
Status:
Active
Previous ICR Reference No:
202010-1513-020
Agency/Subagency:
TREAS/TTB
Agency Tracking No:
ICN 91 - 1/20
Title:
Application to Establish and Operate Wine Premises, and Wine Bond
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/09/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/31/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2027
36 Months From Approved
04/30/2024
Responses
5,800
0
7,315
Time Burden (Hours)
5,600
0
7,096
Cost Burden (Dollars)
7,220
0
5,850
Abstract:
The Internal Revenue Code (IRC), at 26 U.S.C. 5351 through 5357, provides for the establishment of bonded wine cellars, bonded wineries, and taxpaid wine bottling houses and, to establish such wine premises, these IRC sections require the filing of applications and bonds as required by regulations issued by the Secretary of the Treasury. Under those IRC authorities, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued TTB F 5120.25, Application to Establish and Operate Wine Premises, to collect information that it uses to determine the qualifications under the IRC of an applicant applying to establish and operate a new wine premises. Proprietors of established wine premises also use TTB F 5120.25 to report changes to certain required information such as location and ownership. Wine premises proprietors use TTB F 5120.36, Wine Bond, to file bond coverage with TTB, unless they are exempt from the bond requirement as described in the IRC at 26 U.S.C. 5551(d). The bond may be secured through a surety company, or it may be secured with collateral (Treasury securities or notes or by cash). The required bond protects the revenue by ensuring payment of delinquent Federal wine excise tax liabilities.
Authorizing Statute(s):
US Code:
26 USC 5351 through 5357
Name of Law: Internal Revenue Code
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 81531
11/22/2023
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 6184
01/31/2024
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Application to Establish and Operate Wine Premises
TTB F 5120.25, TTB F 5120.25
Application to Establish and Operate Wine Premises
,
Permits Online - Original Winery Application
Wine Bond
TTB F 5120.36w, None, TTB F 5120.36
Wine Bond
,
Wine Bond Worksheet
,
Permits Online - Original Winery Application
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
5,800
7,315
0
0
-1,515
0
Annual Time Burden (Hours)
5,600
7,096
0
0
-1,496
0
Annual Cost Burden (Dollars)
7,220
5,850
0
0
1,370
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There are no program changes associated with this collection approval request at this time. As for adjustments, due to changes in agency estimates, TTB is decreasing the overall estimated number of annual respondents, total responses, and burden hours associated with this information collection request, from 7,315 respondents to 5,800, from 7,315 responses to 5,800, and from 7,096 hours to 5,600. The overall adjustments to this information collection request result, in part, from a decrease in the number of annual respondents to the Wine Premises Application information collection, from an estimated 5,990 to 4,640, and a decrease in the number of annual respondents to the Wine Bond information collection, from 1,325 to 1,160. In particular, TTB notes a decrease in the number of Wine Premises Applications filed by small wine excise taxpayers to obtain the bond exemption authorized by 26 U.S.C. 5551(d). Many of those eligible for the wine bond exemption filed their applications in past years, resulting in the decrease in respondents to that information collection. Additionally, for the Wine Bond information collection, many new wine industry members are eligible for the wine bond exemption and are thus not required to file a wine bond under 26 U.S.C. 5551(d), TTB notes that the number of annual respondents to that information collection has decreased as well, from 1,325 to 1,160. Those decreases in the number of respondents therefore also results in decreases in the estimated total annual burden hours associated with each information collection.
Annual Cost to Federal Government:
$1,149,362
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Morgan Johnson 202 453-1039 ext. 217 morgan.johnson@ttb.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
01/31/2024
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