Tennessee legislation · 114th General Assembly
Tennessee HB1901: AN ACT to amend Tennessee Code Annotated, Title 43; Title 57 and Title 67, relative to tax credits for alcoholic beverage byproducts donated for agricultural use.
Status: In committee, April 15, 2026
Fiscal Summary STATE GOVERNMENTREVENUEGeneral FundFY27-28 & Subsequent Years($240,000) Bill Summary Effective July 1, 2027, this bill creates a tax credit for an eligible taxpayer who is the holder of a manufacturer license to brew high alcohol content beer or the holder of a permit to brew or manufacture beer in this state against taxpayer's excise tax liability. The amount of such credit for a state fiscal year is equal to the product of eight cents, and the number of pounds dry weight of spent grain byproduct donated by the taxpayer during the state fiscal year in the following situations: For agricultural use, including for use in composting or as animal feed. To a recipient located in this state that is not more than 100 miles from the location where the spent grain byproduct was used to produce beer, including high alcohol content beer. However, this bill prohibits an eligible taxpayer from claiming in a state fiscal year a credit that exceeds the lesser of $30,000 or the total amount of excise taxes paid by the taxpayer during the state fiscal year. APPLICATION FOR CREDIT This bill requires a taxpayer to apply for a credit in the manner prescribed by the department of revenue. The department may request from a taxpayer information reasonably necessary to determine whether the taxpayer is an eligible taxpayer and, if the taxpayer is an eligible taxpayer, the amount of the credit. RULEMAKING This bill authorizes the department of revenue, in consultation with the department of agriculture, to promulgate rules to effectuate this bill.
What the bill says
From the amended text:
Senate State and Local Government 1 Amendment No. 1 to SB2339 Briggs Signature of Sponsor AMEND S e n ate Bill No. 2339 House Bill No. 1901* by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 67-4-2009, is amended by adding the following as a new, appropriately designated subdivision: ( ) (A) There is credited upon the tax imposed by this part an amount equal to eight cents (8¢) per pound dry weight of spent grain byproduct donated during a taxpayer's tax year by a taxpayer that holds a manufacturer license to brew high alcohol content beer, pursuant to § 57-3-202, a taxpayer that holds a permit to brew or manufacture beer, pursuant to § 57-5-103, or a taxpayer that holds a license or permit to brew or manufacture beer, high alcohol content beer, or substantially similar products in another state; (B) To receive the credit in subdivision ( )(A), the donated grain must be used exclusively for agricultural use, including for use in composting or as animal feed, and be donated to a recipient located in this state that is not more than one hundred miles (100 mi.) from the location where the spent grain byproduct was used to produce the beer; (C) The credit taken pursuant to this subdivision ( ) …