845-008-0050 Tax Reporting and Tax Liability All wineries must file tax statements with the Commission which include the quantity of wine produced, purchased or received during the calendar year. This rule explains the criteria to qualify as an annual reporter as well as the reporting requirements for both annual and monthly reporters. (1) Annual Reporting Eligibility and Requirements. (a) A winery is eligible to file a single annual tax statement for any particular calendar year if the winery either: (A) Was not liable for any privilege tax in the prior calendar year and does not expect to be liable for any privilege tax in the current calendar year; or (B) The winery is in its first calendar year of operation and does not expect to be liable for any privilege tax in the current calendar year. (b) A winery that files annual tax statements must: (A) Submit the statement and all required tax schedules for a given calendar year by January 20 of the following year; (B) Submit a tax statement that shows the total amount of wine removed from federal bond during the calendar year preceding the reporting date as well as any exemptions being claimed for wine that was removed from bond; (C) Submit by the January 20 reporting date any tax owed on wine removed from bond during a calendar year and not subject to exemption; and (D) Submit an annual tax statement and supporting schedules by the due date even if the winery did not remove any wine from federal bond or the winery is claiming exemptions for all of the wine it removed from bond. (c) If a winery discovers during the calendar year that it will owe tax, it no longer qualifies for annual filing and must begin monthly filing on the 20th of the following month. The month when monthly filing begins is also the catch-up month when any tax owed year-to-date must be submitted to the Commission. (d) Failure to file a tax statement and supporting schedules or to pay tax owed by the January 20 due date may result in the assessment of penalties and interest as set forth in OAR 845-008-0080. (2) Monthly Reporting Requirements. (a) A winery that does not qualify for annual reporting must file a monthly tax statement. If a winery knows or reasonably should know that it will have a tax liability in the current calendar year, it must report monthly. (b) A winery that files monthly tax statements must: (A) Submit the statement and all required tax schedules by the 20th of each month for the preceding calendar month; (B) Submit a tax statement that shows the total amount of wine removed from federal bond during the calendar month preceding the reporting date as well as any exemptions being claimed for wine that was removed from bond; (C) Submit any tax owed on wine removed from bond during a calendar month and not subject to exemption by the monthly reporting date; and (D) Submit a monthly tax statement and supporting schedules by the due date even if the winery did not remove any wine from federal bond or the winery is claiming exemptions for all of the wine it removed from bond. (c) Failure to file a tax statement and supporting schedules or to pay tax owed by the monthly due date may result in the assessment of penalties and interest as set forth in OAR 845-008-0080. Statutory/Other Authority: ORS 471 & 473, 471.030, 471.730(1), (3) & (5) & 473.020 Statutes/Other Implemented: ORS 473.060 & 473.070 History: OLCC 19-2010, f. 12-22-10, cert. ef. 1-1-11