2023 Delaware Code › Title 4 - Alcoholic Liquors › Chapter 5. LICENSES AND TAXES › Subchapter VII. Taxes › § 581. Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2].

§ 581. Rates of tax [For application of this section, see 81 Del. Laws, c. 54, § 2].
(a) All persons required to be licensed under this title as an importer shall pay a tax upon the sale of alcoholic beverages to any person who purchases alcohol from an importer in this State at the rates set forth in subsection (d) of this section.
(b) All persons licensed under this title to manufacture alcoholic beverages shall pay a tax on all alcoholic beverages sold to customers in this State at the rates set forth in subsection (d) of this section. This subsection shall not apply to sales to customers who are:
(1) Importers of alcoholic beverages subject to licensing under this title;
(2) Distributors of alcoholic beverages licensed by a state other than Delaware where the alcoholic beverages are sold for resale in such other state; or
(3) In the case of sales of beer, an instrumentality of the United States Armed Forces.
(c) Except as provided in subsection (a) or (b) of this section, any person who imports alcoholic beverages for consumption in this State shall pay to the Department of Finance the tax on such imports at the rates set forth in subsection (d) of this section.
(d) The tax payable under this section shall be as follows:
(1) For each barrel of beer or fermented beverage, $8.15.
(2) For each gallon of cider, $.27.
(3) For each gallon of wine, $1.63.
(4) For each gallon of spirits containing 25 % or less of ethyl alcohol by volume, $3.00.
(5) For each gallon of spirits containing more than 25 % ethyl alcohol by volume, $4.50.
(6) For each gallon of alcohol per gallon of ethyl alcohol contained, $8.15, except that the tax of $8.15 shall not apply to the purchase of alcohol by pharmacists, physicians, dentists, veterinarians, wholesale druggists or manufacturing plants where the alcohol is used in scientific work, for the manufacture of pharmaceutical products, or for use in the manufacture or compounding of preparations unfit for beverage purposes.
(e) The Commissioner shall make and publish such rules and regulations with respect to the collection and payment of the taxes imposed by this section as it deems proper, and all such rules and regulations that are not inconsistent with the provisions of this title shall have the force and effect of law.
(f) For the months of August 2019 and July 2020, all persons required to be licensed under this title as an importer shall be entitled to a nonrefundable credit against the tax on alcoholic beverages imposed pursuant to subsection (a) of this section in an amount equal to 1/2 of the tax previously paid on such importer's alcoholic liquor floor stock or inventory resting in the State on July 31, 2019, as reported in accordance with commission rules. Any amounts of credit not used by virtue of the preceding sentence may be carried forward and used against future tax imposed by this section. A person required to be licensed under this title as an importer shall not be entitled to the credit permitted pursuant to this subsection if such person fails to report such person's alcoholic liquor floor stock or inventory resting in the State on July 31, 2019, on a timely-filed report.
38 Del. Laws, c. 18, §  16;  Code 1935, §  6145;  43 Del. Laws, c. 274, §  1;  4 Del. C. 1953, §  581;  49 Del. Laws, c. 342, §  13;  53 Del. Laws, c. 106;  57 Del. Laws, c. 136, §  30;  57 Del. Laws, c. 741, §  27C;  58 Del. Laws, c. 294, §§  1, 2;  58 Del. Laws, c. 584, §  1;  62 Del. Laws, c. 113, §  1;  67 Del. Laws, c. 258, §  1;  68 Del. Laws, c. 107, §§  3, 4;  70 Del. Laws, c. 488, §§  1, 2, 5;  70 Del. Laws, c. 559, §§  5, 6;  71 Del. Laws, c. 211, §  5;  72 Del. Laws, c. 486, §  9;  78 Del. Laws, c. 251, §  3;  81 Del. Laws, c. 54, § 1;  82 Del. Laws, c. 68, § 1;  83 Del. Laws, c. 36, § 4;