Can 'Section 1313 Duty Drawbacks' Provide the Cash Flow to Settle Corporate Tax Debt?
It can be a zero-sum game in a high-pressure corporate finance environment in 2026 when a large IRS tax debt needs to be managed. Corporate officers will have to resort to found money in their respective supply chains when shoestring credit lines are stretched to the limit. The federal arsenal has 19 U.S.C. SS 1313, often referred to as the Duty Drawback program, which is one of the most neglected secret weapons.
Through the
recovery of up to 99 percent of duties and taxes charged on imported goods that
are further exported, the companies can create liquidity of immediate
importance in meeting immediate tax obligations without liquidation of core
assets.
How does a "Drawback" transform into immediate
cash for the IRS?
The United
States Customs and Border Protection (CBP) and the IRS are part of the same
department of the Treasury. Although they are used in different respects, the
cash created as a duty drawback is fungible. The use of an IRS
tax lawyer from Los Angeles or other places can help with the drawback.
In the event
that your corporation files and wins a drawback claim under Section 1313, the
CBP will refund the duties, taxes, and fees, including Merchandise Processing
Fees (MPF) and Harbor Maintenance Taxes (HMT), which were paid at the time of
entry.
This infusion
of cash is a liquidity bridge. Rather than withdrawing operating capital in
order to repay an outstanding corporate tax or installment accord, you can use
the found funds, redeeming them to the IRS. Then in 2026, Accelerated Payment
Privilege accelerates this process by placing money in your hands in the
shortest time possible; of only 90 days.
What are the "Three Pillars" of Section 1313
eligibility?
In order to
take advantage of a drawback in the form of a tax-settlement
device, there are only three main categories of businesses that the statute
identifies:
Unused Merchandise Drawback (1313(j)): You imported merchandise
that was not utilized in the U.S. and then sold or destroyed within five years.
Manufacturing Drawback (1313(a) and (b): You imported interested
in components ( such as semiconductors or steel ) and used the components in
the manufacture of a finished product in the U.S., and then exported the
finished product.
Displacement Disadvantage: The most versatile "secret
weapon." In 2026, the IRS and CBP permit you to replace the domestic
merchandise with foreign merchandise of the same kind and quality and claim the
refund due, even when your units of importation were not exported.
Can the IRS "offset" your drawback refund to pay
your debt automatically?
Yes. This is
one of the key tax cases that a corporate taxpayer should comprehend. With the
Treasury Offset Program (TOP), the federal government is allowed to take over
all refunds that are owed to you by one agency (CBP) to
pay a debt owed to another (IRS).
Conclusion
Duty-Drawback
Section 1313 Duty Drawbacks are not just a popular customs money-back; it is a
cash-flow powerhouse. Twelve years down the line, when your company is failing
to meet a tax bill, check your exports. The best tax attorney from Los
Angeles or other places can work
towards removing the debt.
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