§ 37 — Alcoholic beverage production credit

§ 37. Alcoholic beverage production credit. (a) General. A taxpayer\nsubject to tax under article nine-A or twenty-two of this chapter, that\nis registered as a distributor under article eighteen of this chapter,\nand that produces sixty million or fewer gallons of beer or cider,\ntwenty million or fewer gallons of wine, or eight hundred thousand or\nfewer gallons of liquor in this state in the taxable year, shall be\nallowed a credit against such taxes in the amount specified in\nsubdivision (b) of this section and pursuant to the provisions\nreferenced in subdivision (c) of this section. Provided, however, that\nno credit shall be allowed for any beer, cider, wine or liquor produced\nin excess of fifteen million five hundred thousand gallons in the\ntaxable year. If the taxpayer is a partner in a partnership or\nshareholder of a New York S corporation, then the cap imposed by the\npreceding sentence shall be applied at the entity level, so that the\naggregate credit allowed to all the partners or shareholders of each\nsuch entity in the taxable year does not exceed that cap.\n (b) The amount of the credit per taxpayer per taxable year (or pro\nrata share of earned credit in the case of a partnership) for each\ngallon of beer, cider, wine or liquor produced in this state shall be\ndetermined as follows:\n (1) for the first five hundred thousand gallons of:\n i. beer produced in this state in the taxable year, the credit shall\nequal fourteen cents per gallon;\n ii. cider, artificially carbonated sparkling cider, and natural\nsparkling cider, containing more than three and two-tenths per centum of\nalcohol by volume produced in this state in the taxable year, the credit\nshall equal fourteen cents per gallon;\n iii. still wine, artificially carbonated sparkling wine, and natural\nsparkling wine produced in this state in the taxable year, the credit\nshall equal thirty cents per gallon;\n iv. liquors containing not more than twenty-four per centum of alcohol\nby volume, but more than two per centum of alcohol per volume, produced\nin this state in the taxable year, the credit shall equal two dollars\nand fifty-four cents per gallon;\n v. liquors containing more than zero per centum of alcohol by volume,\nbut not more than two per centum of alcohol by volume, produced in this\nstate in the taxable year, the credit shall equal zero;\n vi. all other liquors produced in this state in the taxable year, the\ncredit shall equal six dollars and forty-four cents per gallon; and\n (2) for each gallon of beer, cider, wine or liquor produced in this\nstate in the taxable year in excess of five hundred thousand gallons,\nthe credit shall equal four and one-half cents per gallon.\n (c) Cross-references. For application of the credit provided for in\nthis section, see the following provisions of this chapter:\n (1) Article 9-A: Section 210-B, subdivision 39.\n (2) Article 22: Section 606, subsections (i) and (uu).\n