Current regulations require that brewers destroying taxpaid beer off brewery premises submit to TTB a notice of intent (NOI) containing specific information about the destruction at least 12 days prior to the destruction (see 27 CFR 25.222).
However, due to the business disruptions brewers are facing during COVID-19, TTB is waiving the requirement that brewers submit NOIs to TTB to destroy taxpaid beer in the marketplace, thus eliminating the 12-day waiting period under the regulation. Under this waiver, in lieu of submitting the NOI, brewers must maintain records showing the information required to be submitted on the NOI (see 27 CFR 25.222(c)), including a serial number for each destruction that is then identified by reference on any claims or adjustments, and must include the information required on NOIs and proof of destruction when submitting a claim to TTB for refund of tax (see COV-B6 below).
We are providing this waiver through July 1, 2020*, under our authority at 27 CFR 25.52(b), and we may consider extending it as needed to address COVID-19-related circumstances.
*UPDATED as of June 23, 2020: This waiver was initially provided through July 1, 2020. However, due to the ongoing and significant business disruptions due to COVID-19, TTB is extending the waiver through September 1, 2020.