Page:United States Statutes at Large Volume 90 Part 2.djvu/1017

 PUBLIC LAW 94-529—OCT. 17, 1976

90 STAT. 2485

Public Law 94-529 94th Congress An Act To amend section 5051 of the Internal Revenue Code of 1954 (relating to the Federal excise tax on beer).

Be it enacted by the Senate and Hovse of Representatives of the United States of America in Congress assembled, That subsection (a) of section 5051 of the Internal Revenue Code of 1954 (imposing a tax of $9 a barrel on beer produced or imported into the United States) is amended to read as follows: "(a)

Oct. 17, 1976 [H.R. 3605] Beer. Small business tax reduction.

26 USC 5051.

RATE or TAX.—

"(1) IN GENERAL.—A tax is hereby imposed on all beer brewed or produced, and removed for consumption or sale, within the United States, or imported into the United States. Except as provided in paragraph (2), the rate of such tax shall be $9 for every barrel containing not more than 31 gallons and at a like rate for any other quantity or for fractional parts of a barrel. "(2)

R E D U C E D RATE FOR CERTAIN DOMESTIC PRODUCTION.—

"(A) $7 A BARREL RATE.—In the case of a brewer who produces not more than 2,000,000 barrels of beer during the calendar year, the per barrel rate of the tax imposed by this section shall be $7 on the first 60,000 barrels of beer which are removed in such year for consumption or sale and which have been brewed or produced by such brewer at qualified bi-eweries in the United States. "(B) CONTROLLED GROUPS.—In the case of a controlled group, the 2,000,000 barrel quantity specified in subparagraph (A) shall be applied to the controlled group, and the 60,000 barrel quantity specified in subparagraph (A) shall be apportioned among the brewers who are component members of such group in such manner as the Secretary or his delegate shall by regulations prescribed. For purposes of the "Controlled preceding sentence, the term 'controlled group' has the mean- group." ing assigned to it by subsection (a) of section 1563, except 26 USC 1563. that for such purposes the phrase 'more than 50 percent' shall be substituted for the phrase 'at least 80 percent' in each place it appears in such subsection. Under regulations prescribed by the Secretary or his delegate, principles similar to the principles of the preceding two sentences shall be applied to a group of brewers under common control where one or more of the brewers is not a corporation.

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