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KRS 243.720

Rate of tax

Applied in 3 court decisions — leading case Miller Brewing Co. v. State (1979)

Most recently applied in Miller Brewing Co. v. State (June 1979)

Effective: July 1, 2025 History: Amended 2025 Ky

How often courts cite this section

1944195019601970197910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) (a) There is levied upon the use, sale, or distribution by sale or gift of distilled spirits a tax of one dollar and ninety-two cents ($1.92) on each wine gallon of distilled spirits, and a proportional rate per gallon on all distilled spirits used, sold, or distributed in any container of more or less than one (1) gallon, but the rate of the excise tax on spirits in retail containers of one-half (1/2) pint shall be twelve cents ($0.12); and (b) Notwithstanding the provisions of paragraph (a) of this subsection, distilled spirits placed in containers for sale at retail, where the distilled spirits represent six percent (6%) or less of the total volume of the contents of the containers, shall be taxed at the rate of twenty-five cents ($0.25) per gallon.

(2) There is levied upon the use, sale, or distribution by sale or gift of wine, a tax of fifty cents ($0.50) on each gallon of wine, and a proportional rate per gallon on the wine used, sold, or distributed in any container of more or less than one (1) gallon, but the tax shall not be less than four cents ($0.04) on the sale or distribution of any retail container of wine.

(3) (a) There is levied upon the sale or distribution by sale or gift of malt beverages an excise tax of two dollars and fifty cents ($2.50) on each barrel of thirty-one (31) gallons and a proportional rate per gallon on malt beverages sold or distributed in any container of more or less than thirty-one (31) gallons;

(b) Each brewer producing malt beverages in this state shall be entitled to a credit of fifty percent (50%) of the tax levied on each barrel of malt beverages sold in this state, up to three hundred thousand (300,000) barrels per annum.

(4) There is levied upon the use, sale, or distribution by sale or gift of cannabis-infused beverages a tax of one dollar and ninety-two cents ($1.92) on each gallon of a cannabis-infused beverage, and a proportional rate per gallon on all cannabis- infused beverages used, sold, or distributed in any container of more or less than one (1) gallon.

(5) This section shall not apply to:

(a) Wine manufactured, sold, given away, or distributed and used solely for sacramental purposes; or (b) Distilled spirits and wine purchased by holders of special licenses provided for in KRS 243.320 and purchased and used in the manner authorized by those licenses.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.