We have spent some time in class discussing the fraught regulatory environment for alcohol producers—and particularly, wineries—in the United States. After yesterday's Congressional theatrics, the federal government has slipped in some less-noticed tax breaks for craft brewers and winemakers.
The new tax plan provides two major concessions to the wine industry: i) it broadens the number of wineries eligible to receive tax credits, and ii) it raises the ABV threshold for excise taxes.
Under the current tax regime, wineries producing fewer than 250,000 gallons (c. 105,000 cases) of wine are eligible to receive a tax credit of up to $0.90 per gallon. The new plan raises this threshold to 750,000 gallons (c. 315,000 cases), with no phase-outs for eligibility (i.e., even producers with well in excess of 750,000 gallons will receive the credits for the first 750,000 gallons produced).
Another provision in the status quo tax regime levies excise taxes on wines with an ABV of greater than 14 percent. Industry advocates have argued that this threshold is too low for the current wine palette and production processes. They state that improved viticultural processes have "reduced crop size and opened up canopies", which has "increase[d] structure and flavor development, but... also sugar accumulation, which translated into over 14 percent alcohol". Currently, wines over the threshold are taxed at $0.50 per gallon more than those below. The new tax plan increases this threshold to 16 percent.
Additionally, the tax plan includes reduced excise taxes for craft breweries, which are discussed in
this Politico article.
While the above amounts may seem minor, they add up. For a producer selling 600,000 gallons of 15 percent ABV wine, excise taxes would total $947,000, with no eligibility for tax credits. Under the new tax plan, excise taxes due would amount to only $642,000, with offsetting tax credits of $371,450, resulting in a net tax of $270,550. Tax savings of $642,000 in what we know is a low-margin business could be meaningful for a business selling ~252,000 cases of wine.
Perhaps we are seeing the beginning of congress going easier on the alcohol industry.