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Generic Tax Name Excise duty - Alcoholic beverages (EU harmonised)
Tax name in the national language a) Biersteuer b) Schaumweinsteuer c) Zwischenerzeugnissteuer d) Branntweinsteuer
Tax name in English a) Beer Duty b) Sparkling Wine Duty c) Intermediate Products Duty d) Alcohol Duty
Member State DE-Germany
Tax in force since 1900/01/01
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base
a) Beer Duty Act of 15 July 2009 (Federal Law Gazette I, page 1908)
b) Sparkling Wine and Intermediate Product Duty Act of 15 July 2009 (Federal Law Gazette I, page 1896)
c) Intermediate products see b)
d) Spirits Monopoly Act of 8 April 1922 (Federal Law Gazette III, FNA 612-7), last amended by Article 1 of the act of 21 June 2013 
(Federal Law Gazette I, page 1650)
 
 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments

For Beer Duty the legislative participation of the constituent states of the Federal Republic of Germany is required.

 
Beneficiary





Comments

Regional authority only for the Beer Duty

 
Geographical Scope

Federal Republic of Germany excluding the island of Heligoland and the territory of Büsingen

 
Taxpayers

Authorized producers, authorized excise warehousekeepers, registered traders, non-registered traders, importers, producers without permit, administration of the German Alcohol Monopoly (AGAM) and small distilleries.

 
Tax object and basis of assessment

1. Beer (products of CN code 2203) and beer mixed with non-alcoholic beverages (products of CN Code 2206), the duty is assessed according to the quantity and the gravity on degree plato.

2. Sparkling wine are products, which are contained in bottles with 'mushroom stopper' held in place by ties or fastenings or which have an excess pressure due to carbon dioxide in solution of three bar or more at 20°C and belong

a) to the CN codes 2204 10, 2204 2110, 2204 2910 and 2205 if they have an alcoholic strength by volume exceeding 1.2 % vol. but not exceeding 15 % vol., provided that the alcohol contained in the finished product is entirely of fermented origin, provided that the alcohol contained in the finished product is entirely of fermented origin,

b) the CN code 2206 0091 und the CN codes - if not included in Nr. 1 - 2204 10, 2204 2110, 2204 2910 and 2205 if they have an alcoholic strength by volume exceeding 1.2 % vol. but not exceeding 13 % vol.,

c) the CN code 2206 0091 if they have an alcoholic strength by volume exceeding 13 % vol. but not exceeding 15 % vol., provided that the alcohol contained in the finished product is entirely of fermented origin;

the excise duty is assessed according to the volume of hectolitres of the finished product.

3. Fermented beverages other than wine and beer are classified as wine, if they have an alcoholic strength by volume exceeding 1.2 % vol. but not exceeding

a) 10 % vol. or

b) 15 % vol, if the alcohol contained in the finished product is entirely of fermented origin.

Otherwise these products are classified as intermediate products.

4. Intermediate products are products, which belong to the CN codes 2204, 2205 and 2206 if they have an alcoholic strength by volume exceeding 1.2 % vol. but not exceeding 22 % vol. - if not included in 1. or 2.; the excise duty is assessed according to the volume of hectolitres of the finished product.

5. Alcohol products are products, which belong to the CN codes 2207 and 2208 if they have an alcohol strength by volume exceeding 1.2 % vol., to the CN codes 2204, 2205 and 2206 if they have an alcohol strength by volume exceeding 22 % vol. or to any other CN codes if they are made of or if they include alcohol exceeding 1.2 % vol. or 1.0 % mas; the excise duty is assessed according to the volume of hectolitres pure alcohol.

 
Deductions, Allowances, Credits, Exemptions
Tax concession
  • as a sample for analysis and for necessary production tests (beer, sparkling wine, inter­mediate products, spirits and alcohol),
  • used for the production of medicines defined by Directive 65/65/EEC (beer, sparkling wine, inter­mediate products, spirits and alcohol),
  • used for the production of vinegar falling within CN code 2209 (beer, sparkling wine, inter­mediate products, spirits and alcohol),
  • used for the production of flavours for the preparation of foodstuffs and non-alcoholic beverages (beer, sparkling wine, inter­mediate products, spirits and alcohol),
  • used directly or as a constituent of semi-finished products for the production of foodstuffs, if the alcoholic content does not exceed 8.5 litres of alcohol per 100 kg of the product for chocolates and 5 litres of alcohol per 100 kg of the product for other products (beer, spark­ling wine, inter­mediate products, spirits and alcohol),
  • denatured used for the manufacture of any product not for human consumption (beer, spark­­ling wine, inter­mediate products, spirits and alcohol),
  • denatured used as heating fuel or detergent or for other uses than the manufacture of any product (alcohol).

 

Tax credit (tax relief) for alcoholic beverages, subject to excise duty and already released for consumption in Germany, which are

  • delivered to an other Member State for commercial purposes,
  • incorporated into an authorized excise warehouse in Germany.
 
Rate(s) Structure
Beer
Standard rate
(in national currency)
Reduced rate
(in national currency)
  "low alcohol" "independent small breweries"
per hl
per °Plato
per hl
per °alcohol
per hl
per °alcohol
per hl
per °Plato
per hl
per °alcohol

Wine
  Standard rate
(in national currency)
Reduced rate
(in national currency)
  per hl per hl
Still
Sparkling

Fermented beverages other than wine and beer
  Standard rate
(in national currency)
Reduced rate
(in national currency)
  per hl per hl
Still
Sparkling

Intermediate products
  Standard rate
(in national currency)
Reduced rate
(in national currency)
  per hl per hl
Still
Sparkling

Ethyl alcohol
  Standard rate
(in national currency)
Reduced rate
(in national currency)
  per hl per hl
Still

Reduced rates (general comments):

  • Beer: Low alcohol: not exceeding 2.8%, Independent small breweries: yearly production limited to 200,000 hl
  • Wine: <= 8,5% vol.
  • Fermented beverages other than wine and beer: <= 8.5% vol.
  • Intermediate products: <= 15% vol.
  • Ethyl alcohol: yearly production limited to 10 hl of pure alcohol
Comments

Reduced rates in Germany:

  • reduced rate for sparkling wine: < 6 % vol.
  • reduced rate for still fermented beverages other than wine and beer and still intermediate products: < 15 % vol. 
  • reduced rate for alcohol from small destilleries, which are taxed definitively on a  flat-rate basis: € 1,022.00
  • reduced rate for alcohol from other small destillieries with a production limited to 4 hl alcohol and small destillieries in other member States with a production limited to 5 hl alcohol: € 730.00
  • reduced beer duty rates for independent small breweries starting with € 0.4407 up to € 0.7862 whereas the standard rate amounts to € 0.787

Exemption:

Private individuals who brew beer at home for their own use with a limit on the quantity of 2 hl per year are exempted from the Beer Duty, subject to registration.

 
Tax due date

The Duty becomes chargeable at the time of release for consumption. The Beer Duty becomes due on the 20th day of the following month, the Sparkling Wine Duty, the Intermediate Products Duty and the Alcohol Duty become due on the 5th day of the second following month. All duties become due immediately in the case of irregularities and in the case of production with­out permit.

 
Tax collector

Beer Duty is collected by federal customs, the revenues belong to the constituent states of the Federal Republic of Germany. Sparkling Wine, Intermediate Products and Alcohol Duty is collected by federal customs, the revenues belong to the Federal Republic.

 
Special features

The Spirits Monopoly Act has in addition to regulating the duty on alcohol (part 2 of the act) another important function as the national market organisation for alcohol (part 1 of the act). Both, the market organisation and the duty law are closely interlinked. Alcohol produced in the monopoly territory must as a rule be delivered to the AGAM in Offenbach am Main, an authority at federal level charged with administering and enforcing the alcohol monopoly. Alcohol distilled from fruit, wine and materials other than agricultural produce is exempted from this requirement. In other cases the AGAM may exempt producers of alcohol on application. The AGAM rectifies the alcohol thus obtained and sells it.

Revenue data in detail per product:

1st serial of figures: beer duty,   ESA 95 code d214ak

2nd serial of figures: sparkling wine duty ESA 95 code d214ai

3rd serial of figures: alcohol duty  ESA 95 code d214ad

Data basis January 2015

The revenue from intermediate products duty is regularly beneath the threshold of 0.1 % of GDP (no ESA 95 code, not in the NTL).

 

 Year

Annual tax revenue (millions)

 Tax revenue as % of GDP

 Tax revenue as % of total tax revenues

2000

830

0.04

0.10

2001

819

0.04

0.10

2002

815

0.04

0.10

2003

788

0.04

0.09

2004

790

0.03

0.09

2005

776

0.03

0.09

2006

779

0.03

0.09

2007

751

0.03

0.08

2008

743

0.03

0.08

2009

730

0.03

0.08

2010

708

0.03

0.07

2011

702

0.03

0.07

2012

690

0.03

0.07

 

 

 

 

2000

507

0.02

0.06

2001

510

0.02

0.06

2002

456

0.02

0.05

2003

517

0.02

0.06

2004

398

0.02

0.05

2005

439

0.02

0.05

2006

507

0.02

0.06

2007

450

0.02

0.05

2008

451

0.02

0.05

2009

458

0.02

0.05

2010

462

0.02

0.05

2011

464

0.02

0.05

2012

465

0.02

0.04

 

 

 

 

2000

2,142

0.10

0.25

2001

2,185

0.10

0.26

2002

2,158

0.10

0.26

2003

2,360

0.11

0.28

2004

2,030

0.09

0.24

2005

2,160

0.09

0.25

2006

2,296

0.10

0.26

2007

2,173

0.09

0.23

2008

2,124

0.08

0.22

2009

2,045

0.08

0.22

2010

2,052

0.08

0.22

2011

2,144

0.08

0.21

2012

2,098

0.08

0.20

 
Economic function







Comments
 
Environmental taxes



Comments
 
Tax revenue
ESA95 code d214ak + d214ai + d214ad

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 3,253.00 EUR 0.12
2011 3,310.00 EUR 0.12
2010 3,222.00 EUR 0.12
2009 3,233.00 EUR 0.13
2008 3,318.00 EUR 0.13
2007 3,374.00 EUR 0.13
2006 3,582.00 EUR 0.15
2005 3,375.00 EUR 0.15
2004 3,218.00 EUR 0.14
2003 3,665.00 EUR 0.17
2002 3,429.00 EUR 0.15
2001 3,514.00 EUR 0.16
2000 3,479.00 EUR 0.16

Comments

See Special features for detailed revenue data per product