Part III Beer

F1F4Beer from small breweries

Annotations:
Amendments (Textual)
F1

Ss. 36A-36H inserted (retrospective to 1.6.2002 (except s. 36H in force at 24.7.2002)) by Finance Act 2002 (c. 23), s. 4, Sch. 1 para. 2

F4

S. 36A cross-heading substituted (1.10.2011) by Finance Act 2011 (c. 11), s. 14(3)(7)

36B Interpretation of provisions relating to small brewery beer

1

The following provisions of this section have effect for the purposes of section 36(1AA) above, section 36A above, this section and sections 36C to 36F below.

2

A brewery is a “singleton brewery” at any particular time in a calendar year if it is not a co-operated brewery at that time.

3

A brewery is a “co-operated brewery” at any particular time in a calendar year if—

a

a person who produces beer in the brewery at that time or any earlier time in that year, or

b

a person connected with such a person,

also produces beer in any other brewery at that time or any earlier time in that year.

4

Brewery” means premises (whether or not in the United Kingdom) on which beer is produced and that are situated physically apart from any other premises on which beer is produced.

5

The standard beer duty rate” means the rate of F3general beer duty specified by section 36(1AA)(a) above.

6

References to “the grossed-up amount” of an estimate of the amount of a brewery’s production in a calendar year are to the amount given by—

where—

E is the amount of the estimate, and

N is the number of days (if any) in the calendar year before the brewery begins to be used as beer-production premises.

7

References to a brewery being used as beer-production premises are, in the case of a brewery in the United Kingdom, to there being at least one person who is required to be registered under section 47 below in respect of the brewery.

8

Any question whether a person is connected with another shall be determined in accordance with F2section 1122 of the Corporation Tax Act 2010 .