Tax on wine and hard cider -- penalty and interest
(1) (a) A tax of 27 cents per liter is imposed on sacramental wine and table wine, except hard cider, imported by a table wine distributor or the department and on table wine shipped directly by a winery with a direct shipment endorsement.
(b) A tax of 3.7 cents per liter is imposed on hard cider imported by a table wine distributor or the department.
(2) The tax imposed in subsection (1) must be paid by the winery with a direct shipment endorsement or a table wine distributor by the 15th day of the month following shipment by the winery with the direct shipment endorsement or sale of the sacramental wine, table wine, or hard cider from the table wine distributor's warehouse. Failure to file a tax return or failure to pay the tax required by this section subjects the winery with the direct shipment endorsement or the table wine distributor to the penalties and interest provided for in 15-1-216.
(3) The tax paid by a winery with a direct shipment endorsement or by a table wine distributor in accordance with subsection (2) must, in accordance with the provisions of 17-2-124, be distributed as follows:
(a) 69% to the state general fund; and
(b) 31% to the state special revenue fund to the credit of the department of public health and human services for the treatment, rehabilitation, and prevention of alcoholism and chemical dependency.
(4) The tax computed and paid in accordance with this section is the only tax imposed by the state or any of its subdivisions, including cities and towns.
(5) For purposes of this section, "table wine" has the meaning assigned in 16-1-106, but does not include hard cider.
(1) (a) A tax of 27 cents per a liter is imposed on sacramental wine and table wine, except hard cider, imported by a table wine distributor or the department and on table wine shipped directly sold by: by a winery with a direct shipment endorsement.
(i) a distributor to licensed retailers, agency liquor stores, and special permit holders;
(ii) a licensed winery directly to licensed retailers, special permit holders, or the public; and
(iii) a registered winery directly to the public.
(b) A tax of 3.7 cents per liter a liter is imposed on hard cider imported by a table wine distributor or the department. sold by:
(i) a distributor to licensed retailers, agency liquor stores, and special permit holders;
(ii) a licensed winery directly to retailers, special permit holders, or the public; and
(iii) a registered winery directly to the public.
(2) The tax imposed in subsection (1) must be paid by the winery with a direct shipment endorsement or a table wine distributor by the as follows: 15th day of the month following shipment by the winery with the direct shipment endorsement or sale of the sacramental wine, table wine, or hard cider from the table wine distributor's warehouse. Failure to file a tax return or failure to pay the tax required by this section subjects the winery with the direct shipment endorsement or the table wine distributor to the penalties and interest provided for in 15-1-216.
(a) A winery registered pursuant to 16-4-107 that sells more than 1,000 liters of sacramental wine, table wine, or hard cider, in any combination, to consumers in the state during a period beginning October 1 and ending September 30 shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th day of each quarter during the following period that begins October 1 and ends September 30.
(b) A winery registered pursuant to 16-4-107 that sells 1,000 liters or less of sacramental wine, table wine, or hard cider, in any combination, to consumers in the state during a period beginning October 1 and ending September 30 shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on or before October 15 of the following period that begins October 1 and ends September 30.
(c) A winery licensed pursuant to 16-4-107 that sells sacramental wine, table wine, or hard cider to consumers or licensed retailers in the state or that sells table wine to agency liquor stores for sale to consumers in the state shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th of each quarter for sales in the previous quarter.
(d) A distributor that sells sacramental wine, table wine, or hard cider in the state shall electronically file a wine tax return or a hard cider tax return, or both, and pay the tax on a quarterly basis on or before the 15th day of each quarter for sales in the previous quarter.
(3) The tax paid by a winery with or a by direct shipment endorsement or by a table wine distributor in accordance with subsection (2) must, in accordance with the provisions of 17-2-124, be distributed as follows:
(a) 69% to the state general fund; and
(b) 31% to the state special revenue fund to the credit of the department of public health and human services for the treatment, rehabilitation, and prevention of alcoholism and chemical dependency.
(4) The tax computed and paid in accordance with this section is the only tax imposed by the state or any of its subdivisions, including cities and towns.
(5) For purposes the purposes of this section, "table wine" has the meaning assigned in 16-1-106, 16-1-106 but does not include hard cider.
Tax on wine and hard cider -- – penalty and interest
| EnactedEn. SectionSec. 9, Initiative Measure NumberI.M. No. 81, app. Nov. 7, 1978 |
| AmendedAmd. SectionSec. 5, ChapterCh. 699, Laws ofL. 1979 |
| AmendedAmd. SectionSec. 1, ChapterCh. 219, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 1, ChapterCh. 241, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 1, ChapterCh. 277, Laws ofL. 1983 |
| AmendedAmd. SectionSec. 15, ChapterCh. 703, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 2, ChapterCh. 721, Laws ofL. 1985 |
| AmendedAmd. SectionSec. 1, ChapterCh. 262, Laws ofL. 1991 |
| AmendedAmd. SectionSec. 24, ChapterCh. 15, Special Session LawsSp. L. July 1992 |
| AmendedAmd. SectionSec. 2, ChapterCh. 60, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 25, ChapterCh. 455, Laws ofL. 1993 |
| AmendedAmd. SectionSec. 28, ChapterCh. 18, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 53, ChapterCh. 546, Laws ofL. 1995 |
| AmendedAmd. SectionSec. 2, ChapterCh. 399, Laws ofL. 1997 |
| AmendedAmd. SectionSec. 49, ChapterCh. 427, Laws ofL. 1999 (HB 132 - Kasten, Betty Lou (R) HD 99) |
| AmendedAmd. SectionSec. 3, ChapterCh. 470, Laws ofL. 2001 (SB 264 - Waterman, Mignon (D) SD 26) |
| AmendedAmd. SectionSec. 106, ChapterCh. 574, Laws ofL. 2001 (HB 124 - Story, Bob (R) HD 24) |
| AmendedAmd. SectionSec. 22, ChapterCh. 475, Laws ofL. 2007 (SB 525 - Elliott, Jim (D) SD 7) |
| AmendedAmd. SectionSec. 2, ChapterCh. 115, Laws ofL. 2013 (SB 266 - Rosendale, Matthew (R) SD 19) |
| AmendedAmd. SectionSec. 4, ChapterCh. 184, Laws ofL. 2013 (HB 402 - Hunter, Chuck (D) HD 79) |