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In an effort to level the playing field with winemakers and craft brewers, new legislation was proposed in the House of Representatives on February 25, 2014 that would greatly reduce the federal excise tax rate on craft distillers. Congressman Chris Gibson filed the bill. HR 4083, which is named the “Distillery Excise Tax Reform Act of 2014”.
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Equipment leasing may be an optimal solution for starting or expanding your brewery, brew pub or distillery because, among other things, it may greatly reduce up-front costs and expenses. However, when entering into an equipment lease, it is important to understand the terms of the agreement. Below is a list of 10 key factors to consider before entering into the lease:
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Tax relief for breweries could be on its way thanks to two pieces of proposed legislation, The Small Brewer Reinvestment and Expanding Workforce Act (“Small BREW Act”) and The Brewers Excise and Economic Relief Act of 2013 (“BEER Act”). Under current law, brewers generally pay an $18 excise tax on each barrel brewed. Small brewers, defined as those that brew fewer than 2 million barrels of beer a year, pay a reduced excise tax of $7 per barrel for the first 60,000 barrels brewed each year.
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Equitable mootness is a doctrine that allows a court to avoid hearing the merits of a bankruptcy appeal because implementing the relief requested by the appellant would produce a perverse outcome to the bankruptcy plan and/or cause significant injury to third parties. The Third Circuit Court of Appeals recently revisited the application of the doctrine

The New Jersey legislature recently made changes to the law that may have a significant impact on industrial property that is environmentally contaminated. The law requires a municipality to pay any property tax refund ordered by the Tax Court or a County Board of Taxation to the Commissioner of Environmental Protection for required site remediation when the property under appeal is an industrial property that has is “currently vacant or underutilized” and that is subject to any federal or State court order, or administrative action or order, for environmental remediation.
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