Public Chapter 432 (2021), effective October 1, 2021, expands the jurisdictions in this state in which a licensed beer manufacturer may self-distribute its product, if certain requirements are met. ALC-7 has been updated to reflect this change.
A licensed beer manufacturer who brews no more than 25,000 barrels of beer, including high alcohol content beer, annually and who operates as a retailer may self-distribute the beer it manufactures directly to retailers in the county in which the manufacturer is located. Such manufacturer is also permitted to self-distribute the beer it manufactures directly to retailers outside the manufacturer’s county if the manufacturer:
- Self-distributes no more than 1,800 barrels of its beer annually in this state; and
- Is not prohibited from self-distribution in the county due to a contract with a beer wholesaler.
If a beer manufacturer self-distributes more than 1,800 barrels of beer annually in this state, the manufacturer must enter into a contract with a wholesaler to distribute the manufacturer’s beer within 90 days of exceeding the 1,800-barrel limitation.
A beer manufacturer who self-distributes its beer is responsible for collecting and paying the beer barrelage tax and the wholesale beer tax on its self-distributed product. For the purpose of these taxes, any distribution, sale, or transfer of beer by a manufacturer directly to a beer retailer is considered a wholesale sale.
In addition to the registration and reporting requirements for a licensed beer manufacturer, a beer manufacturer who self-distributes its beer must register with the Department as a wholesaler and must comply with the licensing, permitting, reporting, and bonding requirements imposed on wholesalers in this state.
Self-distributing beer manufacturers are required to post a $10,000 wholesale beer tax bond with the Department. The beer tax bond forms can be found on our website. You can register with the Department for a wholesale beer tax account and upload your supporting documentation on TNTAP.
References: Tenn. Code Ann. §§ 57-5-101 et seq. and 57-6-101 et seq.
Note: This article was updated on May 27, 2021. The previous version of ALC-7 is available here.