Excise Tax Affidavit for the United States

Excise Tax Affidavit Template for United States

An Excise Tax Affidavit is a legally binding document used in the United States to declare and verify excise tax obligations under federal and state laws. It serves as an official statement of tax liability for specific goods or services subject to excise taxation, including detailed calculations, supporting documentation, and sworn statements regarding the accuracy of the information provided. This document is typically required for regulatory compliance and tax reporting purposes.

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What is a Excise Tax Affidavit?

The Excise Tax Affidavit is a crucial compliance document required by U.S. federal and state tax authorities for businesses dealing with products or services subject to excise taxation. This document is used to formally declare tax obligations, provide detailed calculations, and certify the accuracy of reported information under penalty of perjury. It includes specific information about taxable transactions, exemptions claimed, and supporting documentation. The affidavit helps ensure transparency in excise tax collection and supports proper tax administration across various industries.

What sections should be included in a Excise Tax Affidavit?

1. Declaration Header: Identifies the document as an Excise Tax Affidavit and the jurisdiction

2. Affiant Information: Full legal name and contact details of the person making the affidavit

3. Business Information: Legal business name, EIN, and business structure details

4. Tax Period: Specific time period covered by the affidavit

5. Product/Service Description: Detailed description of goods/services subject to excise tax

6. Tax Computation: Calculation of excise tax liability

7. Verification Statement: Statement of truth and accuracy under penalty of perjury

What sections are optional to include in a Excise Tax Affidavit?

1. Tax Exemption Claims: Details of any claimed exemptions from excise tax, to be included when specific exemptions are being claimed

2. Third Party Information: Details of other parties involved in transactions, required when transactions involve intermediaries or multiple parties

3. Special Circumstances: Description of unusual situations affecting tax liability, included when there are unique circumstances affecting tax calculation

What schedules should be included in a Excise Tax Affidavit?

1. Schedule A - Transaction Log: Detailed list of all taxable transactions during the period

2. Schedule B - Supporting Documents: Copies of relevant invoices, receipts, and documentation

3. Schedule C - Tax Calculations: Detailed computations and worksheets

4. Appendix 1 - Certificate of Authority: Proof of authority to collect/remit excise taxes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

Internal Revenue Code: Primary federal tax law framework, Title 26, containing fundamental excise tax provisions and requirements

IRS Regulations: Detailed guidelines and interpretations issued by the Internal Revenue Service for implementing excise tax laws

Excise Tax Procedural Regulations: 26 CFR Part 40 - Specific procedures and requirements for excise tax filing and compliance

Fuel Excise Tax Provisions: IRC ยง 4081 governing taxation of fuel products and related requirements

Tobacco Products Tax Law: IRC ยง 5701-5763 covering taxation of tobacco products and related compliance requirements

Alcohol Products Tax Law: IRC ยง 5001-5691 regulating taxation of alcoholic beverages and related requirements

False Claims Act: Federal law imposing liability on persons/companies who defraud governmental programs, including false tax claims

False Statements Statute: 18 USC ยง 1001 - Criminal penalties for making false statements in matters within federal jurisdiction

Tax Perjury Statutes: Laws governing penalties for willful submission of false tax information under oath

State Excise Tax Requirements: Varying state-specific excise tax rates, filing requirements, and compliance regulations

Form 720 Requirements: Quarterly Federal Excise Tax Return filing requirements and procedures

Record Retention Requirements: Mandatory documentation retention periods and supporting evidence requirements for excise tax compliance

Teams

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