§ 3-7-116 - Tax rebate for qualified manufacturers.
               	 		
3-7-116.    Tax rebate for qualified manufacturers.
    (a)  For purposes of this section:
      (1)  "Barrel" means thirty-one gallons (31 gals.) of liquid;
      (2)  "Beer"  means any fermented liquor made from malt or any substitute and having  an alcoholic content of not more than five percent (5%) by weight;
      (3)  "Malt  beverage" means any liquor brewed from the fermented juices of grain  and having an alcoholic content of not less than five percent (5%) or  more than twenty-one percent (21%) by weight;
      (4)    (A)    (i)  "Qualified  manufacturer" means a person that manufactures a combined total of less  than twenty-five thousand (25,000) barrels of beer and malt beverage  during the twelve-month period immediately preceding the twelve-month  period for which the rebate under this section is claimed.
                  (ii)  "Qualified manufacturer" includes a person licensed under    3-5-1201 et seq. or    3-5-1401 et seq.
            (B)    (i)  The  maximum quantity of less than twenty-five thousand (25,000) barrels of  beer and malt beverage shall be computed by combining all brands and  labels of beer and malt beverage manufactured at all manufacturing  facilities owned or controlled by the qualified manufacturer.
                  (ii)    (a)  The person shall validate its eligibility by furnishing copies of the following forms:
                              (1)  Brewers Report of Operations (monthly or quarterly) TTB Form (OMB Number 1512-0052); or
                              (2)  Its equivalent form as submitted to the United States Department of Treasury.
                        (b)  The  forms shall demonstrate that the combined manufactured barrels of beer  and malt beverage are less than twenty-five thousand (25,000) barrels of  beer; and
      (5)  "Wholesaler" means  a person licensed by the Alcoholic Beverage Control Division as a  wholesaler that purchases beer or malt beverage from a qualified  manufacturer.
(b)    (1)    (A)  A  qualified manufacturer is entitled to a tax rebate equal to seven  dollars and fifty cents ($7.50) per barrel of beer or malt beverage sold  or offered for sale in Arkansas each calendar year by the qualified  manufacturer or sold through its appointed wholesalers, if the qualified  manufacturer or its wholesaler is required to report and pay tax under     3-7-104(6) or    3-5-1408(3) or    3-7-104 on the beer or malt beverage  first sold or offered for sale in this state.
            (B)  The  tax rebate claimed each year by the qualified manufacturer under this  section shall not exceed the annual tax liability of the qualified  manufacturer and its wholesalers under    3-5-1408(3) or    3-7- 104  during the year requested.
      (2)  The  first twelve-month period for which a qualified manufacturer may claim a  rebate under this section begins January 1, 2007, for the year ending  December 31, 2006.