This week, TTB issued a new guidance on the annual filing requirements for wineries. The guidance announced that, for wineries meeting certain requirements, excise tax returns and reporting requirements may be filed annually. Specifically, this refers to the Excise Tax Return (TTB Form 5000.24) and the Report on Wine Premises Operations (TTB Form 5120.7). The guidance provides, in more detail, how a winery can be eligible to file each return or report on an annual basis.
What types of wineries are eligible to file Excise Tax Return annually?
Some wineries are eligible to file the Excise Tax Return annually, as opposed to semi-monthly or quarterly (as required by 27 CFR 24.271), provided they meet the following requirements (from 27 CFR 24.273):
- The winery’s proprietor has not given a bond for deferred payment of wine excise taxes and the proprietor:
- Paid excise taxes in an amount less than $1,000 during the prior calendar year; OR
- Is a proprietor of a newly established bonded winery and reasonably expects to pay less than $1,000 in wine excise taxes before the end of the calendar year.
More information on deferred payment of wine excise taxes can be found in TTB’s guidance here. Winery proprietors who meet the above eligibility requirements may file the Excise Tax Return (TTB Form 5000.24) and remittance within 30 days after the end of the calendar year.
What types of wineries are eligible to file Report on Wine Premises Operations annually?
Generally speaking, proprietors of wineries are required to file the Report of Wine Premises Operation either monthly, quarterly or annually. 27 CFR 24.300(g). To be eligible to file the Report annually, a proprietor must:
- File the Excise Tax Return (TTB Form 5000.24) annually, as outlined above; AND
- Not expect the total of all bulk and bottled wine to exceed 20,000 gallons for any one month during the calendar year.
As TTB summarized in its guidance, if a proprietor is not eligible to file the Excise Tax Return (TTB Form 5000.25) annually, then they are preempted from eligibility to file the Report on Wine Premises Operations (TTB Form 5120.7) annually. If a winery proprietor is eligible to file the Report annually, the Report is due on January 15th of every year following the year for which the Report summarizes.
For more information on wine or wine law, licensing, or winery reporting and excise taxes, please contact Lindsey Zahn.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.