Distilleries
The R&D Tax Credit Explained
The Research & Development (R&D) Tax Credit is a federal (and in some cases, state) tax incentive that rewards businesses for investing in innovation. Though often associated with tech or pharmaceuticals, craft distilleries and spirit producers may qualify due to their continual efforts to create new products, refine recipes, improve processes, and enhance packaging.
If your distillery experiments with new spirits, barrel aging, flavor infusions, or sustainable distillation practices, you could be eligible—even if you don’t have a formal R&D department.
QUALIFYING ACTIVITIES
Just like breweries, distilleries often perform qualifying R&D without realizing it. Eligible activities typically include:
- Developing new spirit recipes or formulations, such as flavored vodkas, botanical gins, or spiced rums.
- Experimenting with barrel aging techniques, like different wood types, toasting/charring levels, or aging durations.
- Testing new yeast strains or fermentation methods to achieve unique flavor profiles.
- Optimizing distillation processes for better yield, efficiency, or quality.
- Developing low-ABV or zero-proof alternatives that mimic traditional spirits.
- Creating innovative packaging, like eco-friendly bottles or closures that preserve product quality.
- Scaling small-batch recipes for commercial production while maintaining quality.
To qualify, your activities must involve a process of experimentation aimed at eliminating technical uncertainty and improving function, performance, reliability, or quality.
WHAT cAN BE CLAIMED
You can claim qualified R&D expenses in these key categories:
- Wages for employees directly involved in R&D (e.g., distillers, lab staff, supervisors).
- Raw materials and ingredients used in test batches or experimental runs.
- Supplies consumed during product/process development (e.g., yeast, botanicals, barrels).
- Contract research expenses, such as working with consultants or labs.
- Rental or lease costs of equipment used for R&D purposes.
Note: Expenses must relate to development or experimentation, not commercial production.
WHAT DOESN'T QUALIFY
Not all activities count. Common exclusions include:
- Routine production or distillation with no experimentation.
- Sales, distribution, or marketing efforts.
- Custom labeling, branding, or promotional packaging (unless it involves functional innovation).
- Research conducted outside the U.S.
- R&D funded by grants or third parties, such as joint ventures.
Also, expenses tied to post-commercialization (once the spirit is fully developed and sold) typically do not qualify.
HOW THE CREDIt WORKS
The R&D tax credit is a dollar-for-dollar reduction of your tax liability. Depending on your size and profitability, it can be applied in two ways:
- Offset federal income tax if you’re profitable.
- Offset payroll tax (up to $500,000/year) if you’re a startup distillery (under 5 years old and under $5 million in revenue).
Unused credits can generally be carried forward up to 20 years.
Average R&D Tax Credit for Distilleries
Just like breweries, the amount varies based on activity and size. Estimated averages:
- Small craft distilleries: Typically claim $10,000 to $50,000 per year.
Larger, more established distilleries: Claims can exceed $100,000+ annually, especially if operating in multiple facilities or with formal R&D teams.
For Small to Mid-Sized Craft Distilleries
Even without labs or research staff, you likely qualify if you:
- Are trialing new flavor infusions, ingredients, or barrel types.
- Are developing new spirit lines (e.g., aged gin, ready-to-drink cocktails).
- Modify or improve distillation techniques.
- Scale up recipes from test runs to production.
If your distillery is under 5 years old with less than $5M in gross receipts, you can use the credit to offset payroll tax, which is especially helpful in early growth years.
For Larger Distilleries or Multi-Location Operations
Larger operations often have:
- Dedicated innovation teams or R&D budgets.
- Advanced labs or test facilities.
- University or consultant partnerships for product/process development.
These companies can often generate substantial tax credits and benefit from multi-year credit studies to capture past unclaimed years (amendments allowed for up to 3 prior tax years).