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Budget 2008 - Excise tax changes for super high ABV beer

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Bobbyok
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Budget 2008 - Excise tax changes for super high ABV beer

Post by Bobbyok »

This was originally posted on Beer Advocate by Dave Rudge, the brewer at Half Pints in Winnipeg. It didn't generate a lot of discussion, I think primarily because beer of the abv talked about here is rare and Canadian brewers stay away from it for the most part. But given that another thread is mentioning that Struise Black Albert, a 13% abv Imperial Stout, may have a chance to be sold here, this becomes more relevant:
Excise Duty on Imitation Spirits
For the purpose of applying excise duties, there are three principal categories of alcohol products: spirits, wine and beer, with different rates for each category.

Recently, high-alcohol spirit-flavoured brewed products, also known as imitation spirits, have been introduced to the Canadian marketplace. These products are derived from a brewing process, but utilize flavourings to introduce the desired spirits flavour and a secondary production process to elevate the alcohol content to about 20 per cent alcohol by volume (ABV). In contrast, most consumer beers contain about 5 per cent ABV. The new products compete against traditional spirits products, but qualify and are subject to the lower excise duty rate on beer ($0.3122 per litre) because they are derived from a brewing process.

Budget 2008 proposes to make Canada's alcohol excise taxation system fairer by treating imitation spirits like its competition, spirits, rather than like beer. Effective February 27, 2008, a maximum allowable alcohol concentration of 11.9 per cent ABV will be established for the excise duty rate on beer to apply to a product derived from a brewing process. Brewed products (including imitation spirits) above this threshold will qualify as spirits and be subject to an excise duty of $11.696 per litre of absolute alcohol. The 11.9 per cent represents the highest alcohol concentration achievable via traditional yeast fermentation processes, and thus the change will not affect most consumer beers.

As a result of this change, producers or importers of imitation spirits with an alcohol content above 11.9 per cent will be required to obtain a licence to produce spirits and report and remit the appropriate excise duty. To assist such producers or importers with the transition to the different licensing regime, their existing licence to produce or import beer will be treated as a licence to produce or import spirits until 30 days after this measure receives Royal Assent, and they will have the same deadline to apply for and receive a spirits licence.
Essentially, if brewed products get the extra excise tax hit, there could be a price change that comes about. But of more concern would be the last paragraph, which could require a brewer who's made a beer of 12%+ abv to get a distillers license. I presume they have exempted wineries given the number of 12% plus abv wines in existence, but that last paragraph makes it sound like if you want to sell anything other than wine at 12% plus, you'll need that new license - and that would include brewers outside the country who want to sell in Canada. Perhaps the fact that they specify imitation spirits would exclude a brewery, but it also sounds like they are now classifying anything above 12% as an imitation spirit, even if it is actually beer.

Thoughts? Maybe someone from R&R knows if this ahs an impact on any plans for Black Albert or similar beers? Maybe someone from Trafalgar, being the only brewery I can think of that's done any beers of this abv, has an idea if this will impact them?

detritus
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Post by detritus »

Bobbyok wrote:Thoughts? Maybe someone from R&R knows if this ahs an impact on any plans for Black Albert or similar beers? Maybe someone from Trafalgar, being the only brewery I can think of that's done any beers of this abv, has an idea if this will impact them?
Since this is an excise tax, I'm fairly sure it won't affect imports at all, just domestic products. Maybe they'll contemplate a similar change to the customs rates as well though.

-Josh

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Bobsy
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Post by Bobsy »

detritus wrote:
Bobbyok wrote:Thoughts? Maybe someone from R&R knows if this ahs an impact on any plans for Black Albert or similar beers? Maybe someone from Trafalgar, being the only brewery I can think of that's done any beers of this abv, has an idea if this will impact them?
Since this is an excise tax, I'm fairly sure it won't affect imports at all, just domestic products. Maybe they'll contemplate a similar change to the customs rates as well though.

-Josh
So, if my understanding is correct, this penalises Canadian brewers, but not overseas brewers - kind of like a reverse tariff?

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grub
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Post by grub »

detritus wrote:Since this is an excise tax, I'm fairly sure it won't affect imports at all, just domestic products. Maybe they'll contemplate a similar change to the customs rates as well though.
i wouldn't be so sure. reread the last paragraph (emphasis mine):
As a result of this change, producers or importers of imitation spirits with an alcohol content above 11.9 per cent will be required to obtain a licence to produce spirits and report and remit the appropriate excise duty. To assist such producers or importers with the transition to the different licensing regime, their existing licence to produce or import beer will be treated as a licence to produce or import spirits until 30 days after this measure receives Royal Assent, and they will have the same deadline to apply for and receive a spirits licence.

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sstackho
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Post by sstackho »

Better load up on the 12% Aventinus Eisbock quickly then. :-?

Still, it looks like someone put some thought into the brewing process when setting the limit and didn't just say "oh a beer should never be higher than 7% ABV".

I'd never heard of these "imitation spirits" before.

detritus
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Post by detritus »

The 11.9 per cent represents the highest alcohol concentration achievable via traditional yeast fermentation processes...
Is this true? Anybody with some brewing expertise want to comment?

-Josh

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grub
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Post by grub »

detritus wrote:Is this true? Anybody with some brewing expertise want to comment?
i've fermented as high as 12.2% with a standard ale yeast (not even one of those "high gravity" varieties). it's not hard at all to pass 11.9% if you want to.

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JesseM
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Post by JesseM »

OH, WELL, thank GOD our government is FINALLY taking a stand on the evil ALCOHOL and implementing something to expose those darn imitation spirits for what they REALLY are! Thank you (numb-nuts) Harper!

Good god, I thought we still had moronic liquor laws because of our attempt at being puritanical in the PAST, not that we were still try rid ourselves of the 'evils' and 'immorals' of alcohol TODAY. (although to be fair, in this case it's more of an economic thing than moral, obviously)

What the hell is an "Imitation Spirit?" It's like they actually just made up a word to condemn beer. And then they pulled an equally arbitrary number out of their asses and claimed it the "highest natural abv level attainable through traditional yeast fermentation".

Give me a f***ing break. :roll: :roll: :roll: :roll: :roll:

detritus
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Post by detritus »

JesseM wrote:OH, WELL, thank GOD our government is FINALLY taking a stand on the evil ALCOHOL and implementing something to expose those darn imitation spirits for what they REALLY are! Thank you (numb-nuts) Harper!

Good god, I thought we still had moronic liquor laws because of our attempt at being puritanical in the PAST, not that we were still try rid ourselves of the 'evils' and 'immorals' of alcohol TODAY. (although to be fair, in this case it's more of an economic thing than moral, obviously)

What the hell is an "Imitation Spirit?" It's like they actually just made up a word to condemn beer. And then they pulled an equally arbitrary number out of their asses and claimed it the "highest natural abv level attainable through traditional yeast fermentation".

Give me a f***ing break. :roll: :roll: :roll: :roll: :roll:
Whoa - take it easy dude. Read the budget excerpt. This will affect very few beers. How many 12%+ beers do you really think are being made in Canada?

-Josh

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Post by Bobbyok »

JesseM wrote:OH, WELL, thank GOD our government is FINALLY taking a stand on the evil ALCOHOL and implementing something to expose those darn imitation spirits for what they REALLY are! Thank you (numb-nuts) Harper!

Good god, I thought we still had moronic liquor laws because of our attempt at being puritanical in the PAST, not that we were still try rid ourselves of the 'evils' and 'immorals' of alcohol TODAY. (although to be fair, in this case it's more of an economic thing than moral, obviously)

What the hell is an "Imitation Spirit?" It's like they actually just made up a word to condemn beer. And then they pulled an equally arbitrary number out of their asses and claimed it the "highest natural abv level attainable through traditional yeast fermentation".

Give me a f***ing break. :roll: :roll: :roll: :roll: :roll:
Actually, this is somewhat well-intentioned, even if it is completely flawed. They're aiming at cheaply made spirit knockoffs that are simply flavoured like spirits at a lower alcohol so they avoid higher taxes as well as having to get a distiller's licence. Now of course, the real goal behind it is to collect additional taxes that the flavoured spirit makers are avoiding, but in any case, they're not targetting microbrewers or beer brewers of any kind with this measure. They simply don't realize that there are beers that exist that would fit their abv limitations.

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Post by Bobbyok »

grub wrote:
detritus wrote:Is this true? Anybody with some brewing expertise want to comment?
i've fermented as high as 12.2% with a standard ale yeast (not even one of those "high gravity" varieties). it's not hard at all to pass 11.9% if you want to.
And given that wine yeast fermentation routinely goes into the 12 to 15 range (at least) there's definitely a wording issue there.

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Post by inertiaboy »

Just thought I'd crunch the numbers a little bit. For a 12% beer, this has the following excise implications:

330ml
before: .33 litre x .3122 $/litre = 10.3 cents
after: .33 litre x .12 abs alc litre / litre x $11.696 / abs alc litre = 46.3 cents

750ml
before: 23.4 cents
after: $1.05

Not sure if the current excise is per volume of beer or volume of absolute alcohol. The above assumes the former. If it is the latter, then the before numbers about are about 1.2 cents and 2.8 cents.

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Post by inertiaboy »

This will also have interesting implications for beers such as Thomas Hardy. The label when shipped indicated 11.9% but the LCBO lab test indicated 13.3%. Bottle conditioning and shipping/testing delays might cause a beer cross the threshold.

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Post by JesseM »

Alright so I'd just like to point out that the first part of my post was obviously sarcastic :P.

I wrote it out of furious passion for Schneider Eisbock, which is of course my go-to session beer. I guess I'm a little overly-defensive. :P

That was also a bit sarcastic. I clearly am no longer able to take this seriously. I'll stop posting now. :wink:

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pootz
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Post by pootz »

The legislation was obviously aimed at high gravity malt based alcopop "beverages" which masquerade as mixed drink wannabes at beer-like pricing....now they will be priced like a liquor which they attempt to imitate.

So we really wanted more Zima??....don't be Ztupid :lol:
Aventinus rules!

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