A General FYI on Commercial Cider Production & Taxes

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domingo

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I thought some of you in the United States might be interested in this, just to know more than the average person about commercial cider. My qualifications here include the fact that I work for a licensed winery and distillery and spend lots of time cuddling with tax paperwork. You can look all this up yourself on TTB's website. I've simplified it greatly.

Hard cider, as defined by TTB, must be still and below 7% ABV (and at least 0.5% ABV). It cannot be AT 7%, it must be below. It cannot sparkle. It cannot have fruit other than apples. It should not have flavor other than apples (no cinnamon, no spicing), though it can be made from concentrate. I believe products that fall outside of these qualifications may still be named hard cider but for tax purposes they are not considered hard cider.

-Tax rate is ~23c/gallon for still ciders below 7% ABV.
-Tax rate is $1.07/gallon for still ciders at or above 7% ABV, up to 14% ABV.
-If it sparkles, regardless of ABV, it's either taxed at $3.40 (naturally carbonated) or $3.30 (artificially carbonated. Yes, you read that right, it's very obnoxious).
-If it contains other fruit or non-apple flavoring, it gets taxed like wine does at $1.07/gallon, provided it does not sparkle.
-Every state has a different tax structure and I won't get into those here.

Small wineries get a reduced tax rate on their first 100,000 gallons. As a rule, labels for anything below 7% are controlled by FDA, not by TTB, and the label designs tend to be a bit ugly because they must follow FDA rules (and yet still follow certain TTB rules, which adds too much information). Labels are also supposed to have nutrition info and ingredients, but I notice a lot of small cideries skip that. Though cider is technically controlled by FDA as well as TTB taxes/fees are paid to TTB and facility licensing must happen through TTB. Producers must follow FDA rules for food production facilities, as well as state guidelines/law.

There is currently a legislative initiative introduced by Patrick Leahy called the CIDER Act which would make the tax structure and cider definition to be a lot more reasonable, and it would apply to perries and all other pome fruits. Hasn't passed yet. Will be brought up at CiderCon, and though it is very beneficial legislation I do expect big bonuses/benefits to be written in for large producers.

As far as I know, something defined as cider can't have other fruit at all in it. In practice, it seems to happen frequently.
 
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Gonna add to this post as I've found something interesting after doing some reading of my own.

Title 26 sub E ch 51 sch A pt I said:
§5042. Exemption from tax
(a) Tax-free production
(1) Cider
Subject to regulations prescribed by the Secretary, the noneffervescent product of the normal alcoholic fermentation of apple juice only, which is produced at a place other than a bonded wine cellar and without the use of preservative methods or materials, and which is sold or offered for sale as cider and not as wine or as a substitute for wine, shall not be subject to tax as wine nor to the provisions of subchapter F.

So I believe this would allow for the sale of homebrewed Hard Cider tax-free. Though I'm not sure if pasteurizing the cider would be considered a preservative method.

edit: to clarify, this is the Year 2013 form of the Title 26, if that makes a difference.
 
It would still be subject to alcohol taxes, but not at the rate applied to wine. Rather it may be taxed at a rate consistent with beer or some other rate. Unless you make it at the same place that you make wine, in which case it will be taxed as wine.


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It would still be subject to alcohol taxes, but not at the rate applied to wine. Rather it may be taxed at a rate consistent with beer or some other rate. Unless you make it at the same place that you make wine, in which case it will be taxed as wine.


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Nope you read it right. But still don't make it where you would make wine



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Gonna add to this post as I've found something interesting after doing some reading of my own.



So I believe this would allow for the sale of homebrewed Hard Cider tax-free. Though I'm not sure if pasteurizing the cider would be considered a preservative method.

edit: to clarify, this is the Year 2013 form of the Title 26, if that makes a difference.

There's federal regs and state regs though. State regs vary immensely.
 
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