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Bill > SB788


VA SB788

VA SB788
Alcoholic beverage control; payment of excise tax on beer, wine coolers, and wine, penalties.


summary

Introduced
01/23/2026
In Committee
02/25/2026
Crossed Over
03/04/2026
Passed
04/13/2026
Dead
Signed/Enacted/Adopted
04/13/2026

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill Summary

Alcoholic beverage control; payment of excise tax on beer, wine coolers, and wine; penalties. Specifies that the civil penalty imposed on a manufacturer, bottler, or wholesaler who fails to make any return, pay the full amount of certain taxes imposed on wine and beer, and submit certain reports is not to exceed five percent of the proper tax due if the failure is for not more than 30 days, with an additional five percent for each additional 30 days, or fraction thereof, during which the failure continues. The bill also specifies that certain taxes collected by wholesale wine licensees at the time of or prior to sale to retail licensees and reports required to be submitted along with such taxes shall be postmarked or submitted electronically no later than the fifteenth of the month.The bill also provides a 60-day period for any such manufacturer, bottler, wholesaler, or retailer to make such return, pay the full amount of the excise tax, and submit such reports prior to the Board of Directors of the Virginia Alcoholic Beverage Control Authority suspending or revoking a license. The bill further provides that (i) absent willful intent to defraud the Commonwealth, a violation is deemed cured and no further action may be taken against the licensee if the manufacturer, bottler, wholesaler, or retailer files the required return, pays the full excise tax, submits all reports, and pays any civil penalties within the 60-day period and (ii) except in cases involving a false or fraudulent return with willful intent to defraud, the specified penalties are the sole penalties the Board may impose, notwithstanding any other law or regulation. The bill also requires the Authority to implement an online electronic system for wholesale wine licensees to (a) report to the Authority the purchases and sales made during the preceding month and the amount of state wine tax collected from retailers and (b) provide payment for the amount of taxes collected, less any refunds, replacements, or adjustments by January 1, 2027.

AI Summary

This bill modifies the penalties and procedures for paying excise taxes on beer, wine coolers, and wine in Virginia, aiming to provide clearer guidelines and a grace period for licensees. Specifically, it clarifies that the civil penalty for failing to file returns or pay taxes on time will not exceed five percent of the tax due for the first 30 days of delay, with an additional five percent for each subsequent 30-day period, capped at 25 percent. Wholesale wine licensees are now required to submit their tax payments and required reports to the Virginia Alcoholic Beverage Control Authority (the Authority) by the 15th of each month, either by mail or electronically. The bill also introduces a 60-day period during which manufacturers, bottlers, wholesalers, or retailers can rectify non-compliance by filing returns, paying taxes, and submitting reports, after which the Authority may suspend or revoke their license. If the licensee corrects the issue and pays any civil penalties within this 60-day window, and there's no willful intent to defraud the Commonwealth, the violation is considered cured, and no further action will be taken. Furthermore, except in cases of fraudulent intent, the penalties outlined in this bill will be the only ones the Authority can impose. Finally, by January 1, 2027, the Authority must implement an online system for wholesale wine licensees to report their monthly sales and tax collections and make tax payments.

Committee Categories

Budget and Finance, Justice

Sponsors (2)

Last Action

Acts of Assembly Chapter text (CHAP0904) (on 04/13/2026)

bill text


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