A tax is hereby imposed on all beer brewed or produced, and removed for consumption or sale, within the United States, or imported into the United States. Except as provided in paragraph (2), the rate of such tax shall be-
For purposes of this section, a barrel shall contain not more than 31 gallons of beer, and any tax imposed under this section shall be applied at a like rate for any other quantity or for fractional parts of a barrel.
In the case of a brewer who produces not more than 2,000,000 barrels of beer during the calendar year, the per barrel rate of the tax imposed by this section shall be $3.50 on the first 60,000 barrels of beer which are removed in such year for consumption or sale and which have been brewed or produced by such brewer at qualified breweries in the United States.
The Secretary may prescribe such regulations as may be necessary to prevent the reduced rates provided in this paragraph from benefiting any person who produces more than 2,000,000 barrels of beer during a calendar year.
Where the Secretary or his delegate finds that the revenue will not be endangered thereby, he may by regulations prescribe tolerances for barrels and fractional parts of barrels, and, if such tolerances are prescribed, no assessment shall be made and no tax shall be collected for any excess in any case where the contents of a barrel or a fractional part of a barrel are within the limit of the applicable tolerance prescribed.
In the case of any barrels of beer which have been brewed or produced outside of the United States and imported into the United States, the rate of tax applicable under clause (i) of paragraph (1)(A) (referred to in this paragraph as the "reduced tax rate") may be assigned by the brewer (provided that the brewer makes an election described in subparagraph (B)(ii)) to any electing importer of such barrels pursuant to the requirements established by the Secretary under subparagraph (B).
The Secretary, after consultation with the Secretary of the Department of Homeland Security, shall, through such rules, regulations, and procedures as are determined appropriate, establish procedures for assignment of the reduced tax rate provided under this paragraph, which shall include-
For purposes of this section, any importer making an election described in subparagraph (B)(ii) shall be deemed to be a member of the controlled group of the brewer, as described under paragraph (5).
Except as provided in subparagraph (B), in the case of a controlled group, the 6,000,000 barrel quantity specified in paragraph (1)(A)(i) and the 2,000,000 barrel quantity specified in paragraph (2)(A) shall be applied to the controlled group, and the 6,000,000 barrel quantity specified in paragraph (1)(A)(i) and the 60,000 barrel quantity specified in paragraph (2)(A) shall be apportioned among the brewers who are members of such group in such manner as the Secretary or their delegate shall by regulations prescribe. For purposes of the preceding sentence, the term "controlled group" has the meaning assigned to it by subsection (a) of section 1563, except that for such purposes the phrase "more than 50 percent" shall be substituted for the phrase "at least 80 percent" in each place it appears in such subsection. Under regulations prescribed by the Secretary, principles similar to the principles of the preceding two sentences shall be applied to a group of brewers under common control where one or more of the brewers is not a corporation.
For purposes of paragraph (4), in the case of a controlled group, the 6,000,000 barrel quantity specified in paragraph (1)(A)(i) shall be applied to the controlled group and apportioned among the members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, the term "controlled group" has the meaning given such term under subparagraph (A). Under regulations prescribed by the Secretary, principles similar to the principles of the preceding two sentences shall be applied to a group of brewers under common control where one or more of the brewers is not a corporation.
Pursuant to rules issued by the Secretary, two or more entities (whether or not under common control) that produce beer under a license, franchise, or other arrangement shall be treated as a single taxpayer for purposes of the application of this subsection.
In the case of any barrels of beer which have been produced outside the United States and imported into the United States, if such barrels of beer are removed after December 31, 2022-
The amount determined under this subparagraph with respect to any importer for any period is an amount equal to the sum of-
Subparagraph (A)(ii) shall apply only if the importer is an electing importer under paragraph (4) and the barrels of beer have been assigned to the importer pursuant to such paragraph.
For purposes of refunds allowed under this paragraph, section 6611(e) shall be applied by substituting "90 days" for "45 days" each place it appears.
Nothing contained in this subpart or subchapter G shall be construed to authorize an assessment on the quantity of materials used in producing or purchased for the purpose of producing beer, nor shall the quantity of materials so used or purchased be evidence, for the purpose of taxation, of the quantity of beer produced; but the tax on all beer shall be paid as provided in section 5054, and not otherwise; except that this subsection shall not apply to cases of fraud, and nothing in this subsection shall have the effect to change the rules of law respecting evidence in any prosecution or suit.
The production of any beer at any place in the United States shall be subject to tax at the rate prescribed in subsection (a) and such tax shall be due and payable as provided in section 5054(a)(3) unless-
26 U.S.C. § 5051
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 5051, act Aug. 16, 1954, ch. 736, 68A Stat. 611, as amended by acts Mar. 30, 1955, ch. 18, §3(a)(8), 69 Stat. 14; Mar. 29, 1956, ch. 115, §3(a)(8), 70 Stat. 66; Mar. 29, 1957, Pub. L. 85-12, §3(a)(6), 71 Stat. 9; June 30, 1958, Pub. L. 85-475, §3(a)(6), 72 Stat. 259, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85-859.
AMENDMENTS2020-Subsec. (a)(1). Pub. L. 116-260, §106(b)(1), amended par. (1) generally. Prior to amendment, par. (1) consisted of subpars. (A) to (D) relating to imposition of tax on beer, rate of such tax, special rule for beer removed between Dec. 31, 2017, and Jan. 1, 2021, and size of a barrel, respectively.Subsec. (a)(1)(A)(i)(II). Pub. L. 116-260, §106(b)(3)(A), inserted "but only if the importer is an electing importer under paragraph (4) and the barrels have been assigned to the importer pursuant to such paragraph" after "during the calendar year". Subsec. (a)(2)(A). Pub. L. 116-260, §106(b)(2), inserted "$3.50 a barrel" before "rate" in heading and substituted "$3.50" for "$7 ($3.50 in the case of beer removed after December 31, 2017, and before January 1, 2021)" in text.Subsec. (a)(4)(A). Pub. L. 116-260, §106(b)(3)(B)(i), substituted "paragraph (1)(A)" for "paragraph (1)(C)".Subsec. (a)(4)(B). Pub. L. 116-260, §106(b)(3)(B) (ii), substituted "The Secretary, after consultation with the Secretary of the Department of Homeland Security," for "The Secretary" in introductory provisions.Subsec. (a)(5). Pub. L. 116-260, §106(b)(4), substituted "paragraph (1)(A)(i)" for "paragraph (1)(C)(i)" wherever appearing.Subsec. (a)(5)(C). Pub. L. 116-260, §110(a), substituted "under a license" for "marketed under a similar brand, license".Subsec. (a)(6). Pub. L. 116-260, §107(b)(1), added par. (6).2019-Subsec. (a)(1)(C), (2)(A). Pub. L. 116-94 substituted "January 1, 2021" for "January 1, 2020" in introductory provisions of subsec. (a)(1)(C) and in subsec. (a)(2)(A).2017-Subsec. (a)(1). Pub. L. 115-97, §13802(a), amended par. (1) generally. Prior to amendment, text read as follows: "A tax is hereby imposed on all beer brewed or produced, and removed for consumption or sale, within the United States, or imported into the United States. Except as provided in paragraph (2), the rate of such tax shall be $18 for every barrel containing not more than 31 gallons and at a like rate for any other quantity or for fractional parts of a barrel."Subsec. (a)(1)(C)(i)(II). Pub. L. 115-97, §13802(c)(1), inserted "but only if the importer is an electing importer under paragraph (4) and the barrels have been assigned to the importer pursuant to such paragraph" after "during the calendar year".Subsec. (a)(2)(A). Pub. L. 115-97, §13802(b), in heading, struck out "$7 a barrel" before "rate" and in text, inserted "($3.50 in the case of beer removed after December 31, 2017, and before January 1, 2020)" after "$7".Subsec. (a)(2)(B), (C). Pub. L. 115-97, §13802(d)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to application of barrel quantity to controlled groups.Subsec. (a)(4). Pub. L. 115-97, §13802(c)(2), added par. (4).Subsec. (a)(5). Pub. L. 115-97, §13802(d)(2), added par. (5).1990-Subsec. (a)(1). Pub. L. 101-508, §11201(c)(1), substituted "$18" for "$9".Subsec. (a)(2)(C). Pub. L. 101-508, §11201(c)(2), added subpar. (C).1978-Subsec. (c). Pub. L. 95-458 added subsec. (c).1976-Subsec. (a). Pub. L. 94-529 reduced the excise tax on beer for small brewers to $7 per barrel on the first 60,000 barrels produced in the United States and removed for sale or consumption or sale during the calendar year, the reduced rate to be applicable only to brewers producing no more than 2 million barrels of beer in a calendar year, and inserted provision that if several brewers are members of a controlled group, the 2-million barrel limit is to be applied to the controlled group and the 60,000-barrel limit is to be apportioned among the members of the controlled group in accordance with Treasury Department regulations promulgated by the Secretary or his delegate.1965-Subsec. (a). Pub. L. 89-44 struck out sentence providing for the imposition on and after July 1, 1965, of a tax of $8 in lieu of the tax imposed by the section.1964-Subsec. (a). Pub. L. 88-348 substituted "July 1, 1965" for "July 1, 1964". 1963-Subsec. (a). Pub. L. 88-52 substituted "July 1, 1964" for "July 1, 1963".1962-Subsec. (a). Pub. L. 87-508 substituted "July 1, 1963" for "July 1, 1962". 1961-Subsec. (a). Pub. L. 87-72 substituted "July 1, 1962" for "July 1, 1961".1960-Subsec. (a). Pub. L. 86-564 substituted "July 1, 1961" for "July 1, 1960". 1959-Subsec. (a). Pub. L. 86-75 substituted "July 1, 1960" for "July 1, 1959".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116-260, div. EE, title I, §106(b)(5), Dec. 27, 2020, 134 Stat. 3042, provided that: "The amendments made by this subsection [amending this section] shall apply to beer removed after December 31, 2020." Pub. L. 116-260, div. EE, title I, §107(b)(2), Dec. 27, 2020, 134 Stat. 3047, provided that: "The amendment made by this subsection [amending this section] shall apply to beer removed after December 31, 2022."Amendment by section 110(a) of Pub. L. 116-260 applicable to beer, wine, and distilled spirits removed after Dec. 31, 2020, see section 110(d) of div. EE of Pub. L. 116-260, set out as a note under section 5001 of this title.
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-94, div. Q, title I, §144(b)(2), Dec. 20, 2019, 133 Stat. 3235, provided that: "The amendments made by this subsection [amending this section] shall apply to beer removed after December 31, 2019."
EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115-97, §13802(e), Dec. 22, 2017, 131 Stat. 2172, provided that: "The amendments made by this section [amending this section] shall apply to beer removed after December 31, 2017."
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 effective Jan. 1, 1991, see section 11201(d) of Pub. L. 101-508, set out as a note under section 5001 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-458 effective on first day of first calendar month beginning more than 90 days after Oct. 14, 1978, see section 2(c) of Pub. L. 95-458, set out as a note under section 5042 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94-529, §2, Oct. 17, 1976, 90 Stat. 2486, provided that: "The amendment made by the first section of this Act [amending this section] shall take effect on the first day of the first calendar year which begins after the date of the enactment of this Act [Oct. 17, 1976]."
EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-44 applicable on and after July 1, 1965, see section 701(d) of Pub. L. 89-44, set out as a note under section 5701 of this title.
EFFECTIVE DATESection effective July 1, 1959, see section 210(a)(1) of Pub. L. 85-859, set out as a note under section 5001 of this title.
FLOOR STOCKS TAXES ON DISTILLED SPIRITS, WINE, AND BEERImposition of tax on beer, exception for small domestic producers, exception for certain small wholesale or retail dealers, credit against tax, liability for tax and method of payment, controlled groups, other laws applicable, and definitions, see section 11201(e) of Pub. L. 101-508, set out as a note under section 5001 of this title.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.