Licensees must remit the tax and markup to the board, file a monthly return by the end of the next month, and include payment; late filing, late payment, and unpaid tax can trigger penalties and interest. Small craft distilleries must keep the required records.
(a)(1) In addition to the licenses provided for by this chapter and any county or municipal license, there is levied and assessed upon all liquor distilled on the premises of a licensee which is dispensed or sold at retail for on-premises or off-premises consumption the mark up in accordance with Section 28-3-53.2(c) and added to the list or FOB price; and the privilege or excise tax imposed on liquor by Sections 28-3-200 through 28-3-205. Taxes and mark up described in this subsection shall be remitted by the licensee to the board. The taxes collected shall be distributed in the same manner as the taxes collected in a state liquor store. (2) The tax levied in this subsection shall be collected by a return which shall be filed by the licensee with the board postmarked not later than the last day of the month following the month of production or sale of liquor, which shall be accompanied by the remittance of the tax due. The report shall include, but not be limited to, a consolidated report of all liquor distilled, sold, or otherwise consumed on the licensed premises. The report shall be in the form and containing information as the board may prescribe. (3) If a licensee fails to file any return required to be filed with the board on or before the date prescribed in subdivision (2), including any written extension of time granted by the board in advance, there shall be assessed as a penalty the greater of 10 percent of any additional tax required to be paid with the return or fifty dollars ($50). (4) If a licensee fails to pay to the board the amount of the tax due on a return required to be filed on or before the date prescribed for payment of the tax, including any written extension of time granted by the board in advance, there shall be added as a penalty 10 percent of the unpaid amount due on the return. (5) Interest shall be added to any tax due to the board which is not paid by the due date, from the due date of the tax, computed based on the underpayment rate established by the Secretary of the Treasury under the authority of 26 U.S.C. § 6621. (b) A small craft distillery shall be required to keep and maintain all of the records otherwise required to be kept and maintained by manufacturer, wholesaler, and retailer licensees.