Frequently Asked Questions
Who is eligible for the Exemption for Research, Development, or Testing?
Brewers conducting internal technical research or equipment testing.
How does the Exemption for Research, Development, or Testing work?
Allows removal of beer without tax payment for use in R&D or testing of brewery processes, systems, or equipment (excluding consumer market analysis).
What law authorizes the Exemption for Research, Development, or Testing?
The Exemption for Research, Development, or Testing is authorized under IRC §5053(d) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §5053
Source: Internal Revenue Code, Title 26, United States Code
§ 5053. Exemptions(a) Removals for exportBeer may be removed from the brewery, without payment of tax, for export, in such containers and under such regulations, and on the giving of such notices, entries, and bonds and other security, as the Secretary may by regulations prescribe.
(b) Removals when unfit for beverage useWhen beer has become sour or damaged, so as to be incapable of use as such, a brewer may remove the same from his brewery without payment of tax, for manufacturing purposes, under such regulations as the Secretary may prescribe.
(c) Removals for laboratory analysisBeer may be removed from the brewery, without payment of tax, for laboratory analysis, subject to such limitations and under such regulations as the Secretary may prescribe.
(d) Removals for research, development, or testingUnder such conditions and regulations as the Secretary may prescribe, beer may be removed from the brewery without payment of tax for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment relating to beer or brewery operations.
(e) Beer for personal or family useSubject to regulation prescribed by the Secretary, any adult may, without payment of tax, produce beer for personal or family use and not for sale. The aggregate amount of beer exempt from tax under this subsection with respect to any household shall not exceed—(1) 200 gallons per calendar year if there are 2 or more adults in such household, or
(2) 100 gallons per calendar year if there is only 1 adult in such household.
For purposes of this subsection, the term “adult” means an individual who has attained 18 years of age, or the minimum age (if any) established by law applicable in the locality in which the household is situated at which beer may be sold to individuals, whichever is greater.
(f) Removal for use as distilling materialSubject to such regulations as the Secretary may prescribe, beer may be removed from a brewery without payment of tax to any distilled spirits plant for use as distilling material.
(g) Removals for use of foreign embassies, legations, etc.(1) In generalSubject to such regulations as the Secretary may prescribe—(A) beer may be withdrawn from the brewery without payment of tax for transfer to any customs bonded warehouse for entry pending withdrawal therefrom as provided in subparagraph (B), and
(B) beer entered into any customs bonded warehouse under subparagraph (A) may be withdrawn for consumption in the United States by, and for the official and family use of, such foreign governments, organizations, and individuals as are entitled to withdraw imported beer from such warehouses free of tax.
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