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§ 49. [Repealed - rt I 2003, 90, 602 - entry into force 01.05.2004]

§ 491. Revenue stamping of alcohol

(1) Revenue stamping of alcohol means the affixing of revenue stamps to the sales packaging of alcohol. Alcohol is revenue stamped if the obligation to pay excise duty on the alcohol in Estonia arises. A revenue stamp must be affixed directly to the stopper of a sales packaging. If it is impossible to affix a revenue stamp to the stopper, the place of affixing a revenue stamp to the sales packaging shall be approved by the Tax and Customs Board. [RT I 2006, 29, 222 - entry into force 01.07.2006]

(2) Alcohol with an ethanol content exceeding 22 per cent by volume which is in sales packagings of a net content of 0.05 litres or more shall be revenue stamped. [RT I 2009, 35, 232 - entry into force 01.01.2010]

(3) The alcohol specified in subsection (2) of this section shall be revenue stamped. 1) upon import, unless the alcohol is subject to an excise suspension arrangement or exemption from excise duty; 2) upon the dispatch thereof by an excise warehousekeeper from an excise warehouse without an excise suspension arrangement, unless the alcohol is subject to exemption from excise duty; 3) upon use thereof in an excise warehouse for a purpose to which no excise suspension arrangement or exemption from excise duty applies; 4) upon transfer thereof by a registered consignee or the undertaking specified in § 211 of this Act, unless the alcohol is subject to exemption from excise duty; 5) upon the release for consumption thereof, except in the cases specified in subsection (4) of this Act or application of exemption from excise duty.

(4) Alcohol shall not be revenue stamped if: [RT I 2006, 29, 222 - entry into force 01.07.2006]  1) it is acquired by distance selling; 2) it is transferred on board of a ship or aircraft navigating for commercial purposes outside of the territory of Estonia, or in a place of sale located in a customs control zone within the territory of an airport; 3) a tax liability arises in the case specified in subsection 24 (201) of this Act; [RT I, 08.03.2012, 1 - entry into force 01.04.2012]  4) it is submitted to the authorised processor of the State Register of Alcohol for the making of register entries; [RT I 2008, 49, 272 - entry into force 01.01.2009]  5) it is sent from a third country to a natural person for use for non-commercial purposes; [RT I, 08.03.2012, 1 - entry into force 01.04.2012]  6) it is a medicinal product as defined in the Medicinal Products Act. [RT I 2009, 35, 232 - entry into force 01.01.2010]

(5) Alcohol may be revenue stamped in Estonia in excise warehouses, customs warehouses and places of business of registered consignees. If alcohol is to be revenue stamped in Estonia, registered consignees and undertakings specified in § 211 of this Act must revenue stamp the alcohol immediately after the alcohol is imported into Estonia.

(6) Alcohol may be revenue stamped in customs warehouses with the permission of the Tax and Customs Board. When granting permission, the Tax and Customs Board shall take into consideration the possibilities for exercising supervision.

(7) The number of the revenue stamp or a combination of letters and numbers in the growing order shall be printed on an alcohol revenue stamp.

(8) The person ordering revenue stamps and the payer of excise duty shall notify the tax authority of affixing the revenue stamps to the sales packagings of alcohol and the obligation to pay excise duty arising on the revenue stamped alcohol through the alcohol revenue stamps database. A notice concerning the numbers of the revenue stamps of the revenue stamped alcohol shall be given within two days as of the day of affixing the revenue stamps if the alcohol has been revenue stamped in Estonia or as of the day of the delivery of the revenue stamped alcohol in Estonia if the alcohol has been revenue stamped in a foreign state. If a tax liability arises with regard to revenue stamped alcohol, the payer of excise duty shall give notice of the numbers of revenue stamps affixed to the salespackagings of alcohol no later than upon the dispatch of excise goods. [RT I, 08.03.2012, 1 - entry into force 01.04.2012]

(9) A revenue stamp affixed on the sales packaging of alcohol shall correspond to the data concerning the ethanol content of the alcohol and the amount of alcohol in the sales packaging submitted to the Tax and Customs Board.

(10) Revenue stamps imported into Estonia from outside the EU territory or exported from Estonia to outside the EU territory shall be declared to the Tax and Customs Board.  [RT I, 08.03.2012, 1 - entry into force 01.04.2012]

(11) Revenue stamps which are not affixed to sales packagings shall not be transferred unless the revenue stamps are relinquished or returned to the Tax and Customs Board.

(12) Alcohol which has been revenue stamped may be imported or received from another Member State only by the person who ordered the revenue stamps. An excise warehousekeeper may dispatch revenue stamped alcohol on which excise duty has not been paid to other excise warehousekeepers if the excise warehousekeeper has notified the Tax and Customs Board in writing of the numbers of the revenue stamps affixed to the sales packagings of the alcohol to be dispatched.

(121) A registered consignee or an undertaking specified in § 211 of this Act may receive alcohol without revenue stamps from another Member State only if the consignee or undertaking is the person who ordered revenue stamps for this alcohol. [RT I 2010, 8, 36 - entry into force 01.03.2010]

(13) [Repealed - RT I, 08.03.2012, 1 - entry into force 01.04.2012]

(14) [Repealed - RT I 2008, 49, 272 - entry into force 01.01.2009]

(15) The design and the types of alcohol revenue stamps, the procedure for the issue and return of revenue stamps, the form of the delivery note for revenue stamps and the procedure for completion of the form shall be established by a regulation of the Minister of Finance.

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