Editorial Note on Part 27
Editorial Note: Nomenclature changes to part 27 appear by T.D. ATF-474, 67 FR 11231, Mar. 13, 2002, and T.D. ATF-479, 67 FR 30799, May 8, 2002.

§ 27.262 Foreign producer's assignment of CBMA tax benefits. ( a ) *General.* A foreign producer who has registered with TTB under § 27.254 and received a Foreign Producer ID may assign its CBMA tax benefits to importers, subject to the quantity limitations established by law.
( b ) *Information required in assignment.* A foreign producer must provide the following information through the foreign producer registration and assignment system to make an assignment of CBMA tax benefits to an importer: ( 1 ) The calendar year for which the CBMA tax benefits are being assigned;
( 2 ) The TTB importer permit number or TTB-assigned reference number of the importer to whom the assignment is made;
( 3 ) The Internal Revenue Code classification of the product for which the assignment is made, either distilled spirits, wine, or beer;
( 4 ) The reduced tax rate or tax credit being assigned, either: ( i ) For distilled spirits: ( A ) The reduced tax rate of $2.70 per proof gallon on the first 100,000 proof gallons imported in the calendar year; or
( B ) The reduced tax rate of $13.34 per proof gallon on the next 22.13 million proof gallons imported in the calendar year;
( ii ) For wine: ( A ) The tax credit of $1 per wine gallon on the first 30,000 wine gallons of wine imported in the calendar year (or credit of 6.2 cents per wine gallon for wine classified as “hard cider”);
( B ) The tax credit of 90 cents per wine gallon on the next 100,000 wine gallons imported in the calendar year (or credit of 5.6 cents per wine gallon for wine classified as “hard cider”); or
( C ) The tax credit of 53.5 cents per wine gallon on the next 620,000 wine gallons imported in the calendar year (or credit of 3.3 cents per wine gallon for wine classified as “hard cider”);
( iii ) For beer, the reduced tax rate of $16 per barrel on the first 6,000,000 barrels imported in the calendar year;
( 5 ) The quantity by proof gallons, wine gallons, or beer barrels of the reduced tax rate or tax credit being assigned; and
( 6 ) Any prescribed certifications attesting to the submitter's authority and the submitter's acknowledgement of statutory limitations on the quantities of assignments that may be made; and
( 7 ) Any additional information required by the appropriate TTB officer on a case-by-case basis to administer CBMA.
( c ) *Limitations* — ( 1 ) *General.* Quantities that may be assigned are limited to the number of proof gallons, wine gallons, and beer barrels in paragraph (b)(4) of this section, and also cannot exceed the quantities of the foreign producer's distilled spirits, wine, and beer that are reasonably projected to be imported into the United States during the specified calendar year by the importer receiving the assignment.
( 2 ) *Controlled group rules.* Foreign and/or domestic producers under common ownership are grouped together when applying the quantity limitations in paragraph (c)(1) of this section. The quantity limitations apply to: ( i ) Foreign and/or domestic producers in a “parent-subsidiary controlled group,” as defined in 26 U.S.C. 1563 and as modified by 26 U.S.C. 5051(5)(A)-(B);
( ii ) Foreign and/or domestic producers in a “brother-sister controlled group,” as defined in 26 U.S.C. 1563 and as modified by 26 U.S.C. 5051(5)(A)-(B);
( iii ) Foreign and/or domestic producers in a “combined group,” as defined in 26 U.S.C. 1563 and as modified by 26 U.S.C. 5051(5)(A)-(B);
( iv ) Shared ownership structures similar to those described in paragraphs (c)(2)(i) through (iii) of this section, but where one or more producers under common ownership is not a corporation.
( d ) *Timing.* Assignments of CBMA tax benefits may be submitted to TTB beginning no earlier than October 1st of the calendar year prior to the year for which the CBMA tax benefits are to be assigned. Assignments of CBMA tax benefits must be submitted on or before December 31st of the calendar year for which the CBMA tax benefits are assigned.
( e ) *Changes to assignments.* Once made, a foreign producer may not revoke or reduce an assignment of CBMA tax benefits unless the assignee importer has rejected the assignment.
( f ) *Electronic registration required.* The foreign producer must submit the information required by paragraph (b) of this section electronically using the format provided by TTB.