[Code of Federal Regulations]
[Title 26, Volume 16]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR40.6011(a)-1]

[Page 5-6]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 40_EXCISE TAX PROCEDURAL REGULATIONS--Table of Contents
 
Sec. 40.6011(a)-1  Returns.

    (a) In general--(1) Return required. The return of any tax to which 
this part 40 applies must be made on Form 720, Quarterly Federal Excise 
Tax Return, according to the instructions applicable to the form. The 
requirement for filing

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a return under this part 40 applies separately to each tax listed by IRS 
Number on Form 720. Except as provided in this paragraph (a)(1), an 
entry must be made on the line for the IRS Number in order to file a 
return of the tax corresponding to that number. The entry on an IRS 
Number line of the word ``none,'' ``zero,'' or comparable entry clearly 
indicating a denial of liability constitutes a return of that tax. The 
entry of the word ``none'' across the return or in the summary portion, 
provided it clearly indicates a denial of liability for all taxes, 
constitutes a return of all taxes listed on Form 720.
    (2) Period covered by return--(i) In general. Except as provided in 
paragraph (b) of this section, the return must be made for a period of 
one calendar quarter. A return must be filed for the first calendar 
quarter in which liability for tax is incurred (or in which tax must be 
collected and paid over) and for each subsequent calendar quarter, 
whether or not liability is incurred (or tax must be collected and paid 
over) during that subsequent quarter, until a final return under Sec. 
40.6011(a)-2 is filed. In the case of one-time filings (as defined in 
Sec. 40.6011(a)-2(b)) and returns of floor stocks taxes under Sec. 
40.6011(a)-2(c), a first return is also a final return.
    (ii) First return. A person's return is a first return if the person 
was not required under this part 40 to file a return (other than a final 
return) for the preceding period.
    (iii) Floor stocks tax return. A return reporting liability for a 
floor stocks tax described in Sec. 40.0-1(a) is a return for the 
calendar quarter in which the tax payment is due and not the calendar 
quarter in which the liability for tax is incurred.
    (3) Person required to file the return. Except in the case of a tax 
required to be collected and paid over, the person incurring liability 
for tax must file the return. In the case of a tax required to be 
collected and paid over, the person required to collect the tax (and not 
the person incurring liability) must file the return.
    (b) Monthly and semimonthly returns--(1) In general. If the district 
director determines that any person that is required under this section 
to file returns has failed to comply in a timely manner with the 
requirements of this part 40 relating to returns, payments, and deposits 
of tax, that person will be required, if so notified in writing by the 
district director, to make a return for a monthly or semimonthly period 
(as defined in Sec. 40.0-1(c)). Each person so notified by the district 
director must make a return for the calendar month or semimonthly period 
in which the notice is received and for each calendar month or 
semimonthly period thereafter until the person has filed a final return 
or until the person is notified by the district director to resume 
making quarterly returns.
    (2) Certain persons liable for tax on taxable fuel. The district 
director may require a person to make a return of tax for a monthly or 
semimonthly period in the manner prescribed in paragraph (b)(1) of this 
section if the person--
    (i) Is a bonded registrant (as defined in Sec. 48.4101-1(b) of this 
chapter) at any time during the period;
    (ii) Has been registered under section 4101 for less than one year 
at the beginning of the period;
    (iii) Meets the acceptable risk test of Sec. 48.4101-1(f)(3) of 
this chapter by reason of Sec. 48.4101-1(f)(3)(i)(B) of this chapter at 
any time during the period;
    (iv) Has failed to comply with the applicable provisions of Sec. 
48.4101-1(h) of this chapter (relating to the terms and conditions of 
registration);
    (v) Is liable for tax under Sec. 48.4082-4(a) of this chapter 
(relating to the back-up tax on diesel fuel and kerosene) at any time 
during the period; or
    (vi) Is liable for tax under section 4081 (relating to the tax on 
taxable fuel) at any time during the period and is not registered under 
section 4101 at that time.

[T.D. 8442, 57 FR 48177, Oct. 22, 1992, as amended by T.D. 8659, 61 FR 
10452, Mar. 14, 1996; 61 FR 58005, Nov. 12, 1996; T.D 8748, 63 FR 25, 
Jan. 2, 1998; T.D. 8879, 65 FR 17153, Mar. 31, 2000; T.D. 8887, 65 FR 
36326, June 8, 2000; T.D. 8963, 66 FR 41776, Aug. 9, 2001]