CBMTRA

Small and Independent Craft Brewers Urge Participation in National Day of Action

Passage of Craft Beverage Modernization and Tax Reform Act before year-end expiration vital to small business health

FRAMINGHAM, MA • September 9, 2020 – Leaders in the beverage alcohol sector are urging industry advocates across the U.S. to participate in a national Day of Action on September 9 by asking their members of Congress to pass the Craft Beverage Modernization and Tax Reform Act, S.362/H.R. 1175 (CBMTRA). 

On December 31, 2020, the recalibrated Federal Excise Tax (FET) rates for more than 200 small and independent breweries in Massachusetts will expire. These small businesses are asking Congress to prioritize and pass the Craft Beverage Modernization and Tax Reform Act and make the current FET rates permanent. Since its enaction at the end of 2017, the reduced FET has enabled small and independent brewers across our state to reinvest in their business, hire new employees, and grow their breweries. Without action from Congress, America’s more than 8,300 breweries along with beer importers will face a nearly $154 million annual excise tax increase beginning in January 2021.

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“The nation’s craft brewers, distillers, winemakers, and cider makers have been among the hardest hit during COVID-19,” said Katie Stinchon, executive director of the Mass Brewers Guild. “Significantly increasing taxes on these small businesses even in normal circumstances would be devastating, but to do so during a pandemic would undoubtedly force many of them to close. Congress should give these businesses a fighting chance by passing the Craft Beverage Modernization and Tax Reform Act as soon as possible. Only then will breweries have the opportunity to recover from the harsh economic impacts of COVID-19 and be able to continue to support other vital industries in their communities.” 

Introduced by Senators Ron Wyden (D-Ore.) and Roy Blunt (R-Mo.) and by Representatives Ron Kind (D-Wis.) and Mike Kelly (R-Pa.), the Craft Beverage Modernization and Tax Reform Act is uniquely bipartisan legislation with support from more than half of the U.S. Congress—the bill currently has 346 cosponsors in the House and 74 in the Senate. The legislation will make permanent reforms enacted in 2017 that create a fair and equitable tax structure for brewers, winemakers, distillers, cider makers, and importers of all beverage alcohol.  

“The Craft Beverage Modernization and Tax Reform Act has been crucial to the success of small and independent brewers in Massachusetts and needs our full support,” added Stinchon.  “The craft beer industry has experienced sustained growth in Massachusetts and across the country and the current FET rate has gone a long way to empower our brewers to make significant investments into their businesses. Breweries operate in every state and nearly every congressional district in the country and if the current rate is allowed to expire, the tax increase will have a devastating effect on these businesses. The beer industry is one of the jewels of America’s manufacturing sector, supporting more than 2.1 million jobs—559,545 of which come from the craft industry.” 

Recalibrated FET rates have saved the American craft brewing industry nearly $80 million annually and helped provide certainty and stability for more than 8,300 breweries across the country, including 200 in Massachusetts. If the legislation is not acted upon, American and Massachusetts brewers alike will face a massive financial burden. More than 2,000 new brewers who have only been in operation since Jan. 1, 2018 and have never before paid the tax will see a 100 percent tax increase.  

“We need everyone’s help, from supply chain partners to loyal customers, to ensure Congress makes this legislation—which is critical to the survival of hospitality businesses across the country—permanent. It takes just a few minutes to make a difference for these businesses in our communities,” said president of the Mass Brewers Guild, Sam Hendler, co-founder of Jack’s Abby Craft Lagers.

Day of Action participants are encouraged to call, tweet, and email their members of Congress to pass this bipartisan legislation.   #PassCBMTRA

About the Mass Brewers Guild
Founded in 2007 by a group of committed and passionate brewers, the Mass Brewers Guild, is organized for the purposes of promoting craft brewing and protecting the interests of craft brewers across the Commonwealth. The association is membership based and open to all Massachusetts breweries licensed by the federal Tax and Trade Bureau and the Commonwealth’s Alcoholic Beverages Control Commission. The nonprofit creates a community of brewers while shining light on the broad range of breweries and styles offered throughout state. Through industry and educational events, its mobile application beer trail map, and by providing resources and marketing support to brewers, the nonprofit works to highlight Massachusetts as a top travel destination for craft beer in the U.S. The board also continues its work at the legislative level, fighting for license and franchise law reform, and serving as the voice of craft brewers on Beacon Hill. The Massachusetts Brewers Guild is a 501(c)6 not-for-profit corporation.

About the Brewers Association
The Brewers Association (BA) is the not-for-profit trade association dedicated to small and independent American brewers, their beers and the community of brewing enthusiasts. The BA represents 4,800-plus U.S. breweries. The BA’s independent craft brewer seal is a widely adopted symbol that differentiates beers by small and independent craft brewers. The BA organizes events including the World Beer Cup®Great American Beer Festival®Craft Brewers Conference® & BrewExpo America®SAVOR™: An American Craft Beer & Food ExperienceHomebrew ConTMNational Homebrew Competition and American Craft Beer Week®. The BA publishes The New Brewer® magazine, and Brewers Publications® is the leading publisher of brewing literature in the U.S. Beer lovers are invited to learn more about the dynamic world of craft beer at CraftBeer.com® and about homebrewing via the BA’s American Homebrewers Association® and the free Brew Guru® mobile app. Follow us on FacebookTwitterand Instagram.

The Brewers Association is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital/familial status. The BA complies with provisions of Executive Order 11246 and the rules, regulations, and relevant orders of the Secretary of Labor.

Massachusetts Small and Independent Craft Brewers Face Increased Taxes if Rate Expires on Dec. 31

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BOSTON, MA • Dec. 5, 2019 –  In less than 30 days, the recalibrated Federal Excise Tax (FET) rate for 200 small and independent breweries in Massachusetts will expire. These small businesses are asking Congress to prioritize and pass the Craft Beverage Modernization and Tax Reform Act or extend the current exise tax rates before Dec. 31. Since its enaction at the end of 2017, the reduced FET has enabled small and independent brewers across our state to re-invest in their business, hire new employees and grow their breweries.  

“The Craft Beverage Modernization and Tax Reform Act has been crucial to the success of small and independent brewers in Massachusetts and needs our full support,” said Katie Stinchon, executive director of the Mass Brewers Guild. “The craft beer industry has experienced sustained growth in Massachusetts and across the country and the current FET rate has gone a long way to empower our brewers to make significant investments into their businesses.” 

Breweries operate in every state and nearly every congressional district in the country and if the current rate is allowed to expire, the tax increase may have a chilling effect on job creation.  America’s beer industry is one of the jewels of America’s manufacturing sector—supporting more than 2.1 million jobs – 559,545 of which come from the craft industry.

The Craft Beverage Modernization and Tax Reform Act is uniquely bipartisan legislation, with support from more than half of the U.S. Congress. Recalibrated FET rates have saved the American craft brewing industry nearly $80 million annually and helped provided certainty and stability for more than 7,500 breweries across the country including 200 in Massachusetts. If the legislation is not acted upon, not only will American and Massachusetts brewers alike face a massive financial burden, but more than 2,000 new brewers who have only been in operation since Jan. 1, 2018 and who have never before paid the tax, will see a 100 percent tax increase. 

About the Massachusetts Brewers Guild 

Founded in 2007 by a group of committed and passionate brewers, the Mass Brewers Guild, is organized for the purposes of promoting craft brewing and protecting the interests of craft brewers across the Commonwealth. The association is membership based and open to all Massachusetts breweries licensed by the federal Tax and Trade Bureau and the Commonwealth’s Alcoholic Beverages Control Commission. The nonprofit creates a community of brewers while shining light on the broad range of breweries and styles offered throughout state. Through industry and educational events, its mobile application beer trail map, and by providing resources and marketing support to brewers, the nonprofit works to highlight Massachusetts as a top travel destination for craft beer in the U.S. The board also continues its work at the legislative level, fighting for license and franchise law reform, and serving as the voice of craft brewers on Beacon Hill. The Massachusetts Brewers Guild is a 501(c)6 not-for-profit corporation.

About the Brewers Association

The Brewers Association (BA) is the not-for-profit trade association dedicated to small and independent American brewers, their beers and the community of brewing enthusiasts. The BA represents 4,800-plus U.S. breweries. The BA’s independent craft brewer seal is a widely adopted symbol that differentiates beers by small and independent craft brewers. The BA organizes events including the World Beer Cup®Great American Beer Festival®Craft Brewers Conference® & BrewExpo America®SAVOR™: An American Craft Beer & Food ExperienceHomebrew ConTMNational Homebrew Competition and American Craft Beer Week®. The BA publishes The New Brewer® magazine, and Brewers Publications® is the leading publisher of brewing literature in the U.S. Beer lovers are invited to learn more about the dynamic world of craft beer at CraftBeer.com® and about homebrewing via the BA’s American Homebrewers Association® and the free Brew Guru® mobile app. Follow us on FacebookTwitter and Instagram.

The Brewers Association is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital/familial status. The BA complies with provisions of Executive Order 11246 and the rules, regulations, and relevant orders of the Secretary of Labor.

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How Tax Reform Impacts Your Brewery

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While watching congress has become a comedy show and people’s feelings on tax reform is all over the place, let’s take a look at some items that may be relevant to your brewery, once the president signs the Tax Cuts and Jobs Act into law. Note: this blog post only highlights some of the changes. Please consult your tax advisor and schedule a time to discuss planning and other changes, as well to maximizes your benefits under the new tax law.

1.     Most important, the new tax law included the Craft Beverage Modernization and Tax Reform Act (CBMTRA) which the National Brewers Association has been working on for almost ten years! This reduces your federal excise tax on beer from $7 per barrel, to $3.50 per barrel, on the first 60,000 barrels produced by domestic brewers who produce less than two million barrels annually. It also allows for you to be more creative and collaborate with your peers by the removal of tax between bonded facilities. These changes will be effective January 1, 2018, so remember not to over pay when doing your BROP.

2.     For small brewers with less complex operations, who operate tap rooms and turn inventory fast, or brewers who are just getting started, the new law makes your business tax return easier. If your gross receipts are $25 million or less during the preceding three years, you could be exempt from the complex inventory and accrual rules that were once required by the IRS. Not only could this help accelerate deductions, it can reduce your year-end tax preparation bill as there is less work to be done by your CPA.

3.     The new tax law also expands the small business exception for UNICAP by increasing the gross receipts test from $10 million to $25 million and removes the interest charge for the aging period of your beer. Again, this benefit is another way to help reduce the complexity of your tax return and potentially accelerate deductions for indirect inventory costs that were once required to be capitalized as part of inventory. Brewers who have an extensive barrel aging program or age beer for more than a year will most certainly benefit from this.

4.     Accelerated deduction under section 179 has been increased. Under old law, your accelerated deduction was limited to $500,000, reduced by the cost of eligible property placed in service that exceeded $2 million. The new law raises, subject to inflation adjustments, the limit from $500,000 to $1,000,000 and the start of phase down amounts is raised from $2 million to $2.5 million.

5.     Bonus depreciation, another good benefit that got an overhaul also. Instead of taking 50% of the cost on eligible property, bonus depreciation has increased to 100% for property placed in service after Sept 27. 2017 and before Jan 1, 2023. NOTE – consult your tax advisor on the best strategies to utilize 179 and bonus. Sometimes, it may not make sense to go gung-ho on these if you anticipate profit growth in future years with a slowdown in your CAPEX spending.

6.     Your business NOLS got a makeover! NOL Deductions are now limited to 80% of taxable income and you can no longer carry them back, but you can carry them forward indefinitely. 

7.     There is a 20% deduction for qualified business income for noncorporate taxpayers (LLC’s taxed as a partnership for example), subject to limitations. Consult your tax advisor now for planning opportunities as there are some significant complexities surrounding this substantial new deduction.

8.     While not a win, the new tax law repeals the domestic production activity credit that many breweries take. This credit allowed certain breweries to take a deduction equal to 9% of the lessor of your qualified production activities income or taxable income for the tax year. BOO!

Again, not an extensive listing of all the changes that were signed into law under tax reform, but the above can have a significant impact on your operations. Please contact your tax advisor to start planning on how to maximize these benefits.

Cheers,
Robert Babine, CPA
Edelstein & Company

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