Craft Beverage Modernization and Tax Reform Act of 2017 Implementation

Under the CBMA, reduced tax rates and/or tax credits are applicable to importations of certain limited quantities of distilled spirits, beer, or wine imported from each qualifying foreign producer. Further, the foreign producer must have affirmatively assigned those rates or tax credits to an importer or importers, and the quantity assigned to all importers by that producer may not exceed the quantities allowed by law. As a result, in order to qualify to receive a reduced tax rate or a tax credit, the importer must be able to substantiate that the foreign producer has assigned an allotment of its reduced tax rate or tax credits to the distilled spirits, beer, or wine that is being imported.

Importers will continue to pay the full excise tax rate at time of entry summary filing. CBP and Treasury are considering amending current regulations (19 CFR 24.36) to allow CBP to issue refunds owed pursuant to the CBMA on entries when appropriate. These amendments to 19 CFR 24.36 would apply to entries that have not been finally liquidated and would be retroactive.

In anticipation of the new regulations, CBP suggests importers file protests on liquidated entries for which a CBMA reduced tax rate or credit may be due. Such protests should, at a minimum, include an Excel spreadsheet with information including entry number(s), line number(s) and the following information by line number: producer, alcohol type (beer, wine, cider or distilled spirits), tax rate or credit assigned and requested, and quantity claimed for tax rate or credit.

Refund requests will be processed no earlier than January 15, 2019.

For the importer to substantiate its eligibility to receive the reduced tax rates or tax credits and meet its reasonable care obligations, their internal records should, at a minimum, include:

– Foreign producer’s name

– Foreign producer’s manufacturing facility address and FSMA registration number

– Number of barrels of beer, number of gallons of wine, and number of proof gallons of distilled spirits eligible for each reduced rate/tax credit assigned to the importer for the calendar year by the representative of the foreign producer authorized to assign its allotment, and documentation showing that quantity as assigned to that specific importer

– Contact information for such authorized representative

– Statement from the authorized representative of the qualifying foreign producer that the number of barrels or wine/proof gallons assigned by the foreign producer (including any members of a controlled group) to all importers for the calendar year does not exceed the quantities allowed by law and does not exceed the foreign producers capacity

Importers who are assigned reduced tax rates and/or tax credits from multiple foreign producers should maintain in their records the above information applicable to each foreign producer.