119-S1938

Bill is currently in: Senate
Path to Law
House Senate President

119th CONGRESS

1st Session

S. 1938

1. Cover over of certain distilled spirits taxes

1. Cover over of certain distilled spirits taxes

(a) Repeal of limitation on cover over of distilled spirits taxes to Puerto Rico and Virgin Islands -

(1) In general - Section 7652 of the Internal Revenue Code of 1986 is amended by striking subsection (f).

(2) Conforming amendment - Section 7652(g)(1) of such Code is amended—

(A) - by striking subparagraph (B), and

(B) - by striking "as if—" and all that follows through "the use and tax" and inserting "as if the use and tax".

(3) Effective date - The amendments made by this subsection shall apply to articles brought into the United States after December 31, 2021.

(b) Required transfer to Puerto Rico Conservation Trust Fund of portion of Puerto Rico rum cover over -

(1) In general - Section 7652(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(4) Required transfer to puerto rico conservation trust fund of portion of rum taxes covered over -

(A) In general - From any taxes collected on rum transported to the United States that are covered into the treasury of Puerto Rico under paragraph (3) at a rate equal to or greater than $10.50 per proof gallon, Puerto Rico shall transfer to the Puerto Rico Conservation Trust Fund an amount per proof gallon equal to or greater than of the difference between $10.50 and the rate, not to exceed $13.25, at which such taxes are covered into such treasury. Puerto Rico’s obligations under this paragraph shall not modify or impair payment priorities established under Puerto Rico law and in effect on December 31, 2022 .

(B) Puerto Rico conservation trust fund - For purposes of this section, the term "Puerto Rico Conservation Trust Fund" means the fund which—

(i) - was established pursuant to a Memorandum of Understanding between the United States Department of the Interior and the Commonwealth of Puerto Rico, dated December 24, 1968, and

(ii) - provides for the conservation of natural areas in Puerto Rico, including through sustainable agriculture efforts and the reforestation and restoration of Puerto Rico’s natural habitats.

(2) Cover over determined without regard to certain rate reductions - Section 7652(i) of such Code, as amended by subsection (c), is amended by inserting "(a)(4)," after "(a)(3),".

(3) Effective date - The amendments made by this subsection shall apply to distilled spirits brought into the United States after December 31, 2021.

(c) Retroactive application of rules relating to determination of cover over - Notwithstanding section 107(a)(3) of division EE of Public Law 116–260—

(1) - the amendments made by section 107(a)(2)(A) thereof shall take effect as if included in section 13807 of Public Law 115–97, and

(2) - the amendments made by section 107(a)(2)(B) thereof shall take effect as if included in section 41102 of Public Law 115–123.