TTB Final Rule for "Small Brewers" Takes Effect January 1, 2015

Effective on January 1st, 2015, the TTB has adopted and finalized a previously temporary ruling addressing required brewer's bond amounts for quarterly filers.  The ruling is designed to correct an onerous bond requirement in the regulations that discouraged potentially eligible brewers to file TTB Brewer's Reports and Federal Excise Tax Returns on a quarterly filing frequency.

Aimed at what the TTB terms "small brewers", this ruling actually impacts approximately 91% of all permitted brewers.  This change in filing frequency significantly reduces the number of TTB Reports and Excise Tax Return filings previously required prior to the temporary ruling. The goal is to improve administrative efficiency for the TTB and to reduce regulatory burdens on brewers, while still providing adequate protection of the tax revenue.

Brewers liable for not more than $50,000 in federal excise taxes in the previous calendar year, who do not reasonably anticipate exceeding $50,000 in federal excise taxes for the current calendar year, may obtain a brewer's bond with a flat $1000 penal sum and make quarterly, rather than semimonthly tax filings.  They may also reduce the frequency of their Brewer's Report of Operations filing frequency from monthly to quarterly. This effectively reduces the number of excise tax returns filed from twenty-five (25) per year to four (4) per year. Brewer's Report of Operations submissions are similarly reduced from from twelve (12) per year to four (4) per year.  The TTB will be releasing revised Brewer's Report of Operations forms in January.

You may read the TTB's announcement here, or contact Fainer Consulting for more information.


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