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SB2339 • 2026

Taxes, Exemption and Credits

AN ACT to amend Tennessee Code Annotated, Title 43; Title 57 and Title 67, relative to tax credits for alcoholic beverage byproducts donated for agricultural use.

Agriculture Taxes
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Seal, Reedy
Last action
2026-04-14
Official status
Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2026
Effective date
Not listed

Plain English Breakdown

The bill does not provide specific details on how to calculate and apply the tax credit for taxpayers who donate spent grain byproducts.

Tax Credit for Donated Spent Grain Byproducts

This bill creates a tax credit for beer manufacturers who donate spent grain byproducts for agricultural use within Tennessee.

What This Bill Does

  • Creates a tax credit for eligible taxpayers, such as beer brewers, who donate spent grain byproducts for agricultural purposes like composting or animal feed.
  • Limits the amount of the tax credit to eight cents per pound of donated spent grain byproduct, up to $30,000 or the total excise taxes paid in a fiscal year.
  • Requires taxpayers to apply for the credit according to rules set by the Department of Revenue.
  • Allows the Department of Revenue and Agriculture to create rules to implement this tax credit.

Who It Names or Affects

  • Beer manufacturers who hold licenses or permits to brew beer in Tennessee.
  • Taxpayers who donate spent grain byproducts for agricultural use within 100 miles of where the grains were used to produce beer.

Terms To Know

Eligible taxpayer
A holder of a manufacturer license to brew high alcohol content beer or a permit to brew or manufacture beer in Tennessee.
Spent grain byproduct
The leftover material from grains used to produce beer, including high alcohol content beer.

Limits and Unknowns

  • The bill does not specify how the tax credit will be calculated or applied for taxpayers who donate spent grain byproducts.
  • It is unclear what happens if a taxpayer exceeds the $30,000 limit in one fiscal year but has unused credits from previous years.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB1901

Plain English: The amendment adds a new tax credit for brewers who donate spent grain byproducts for agricultural use in Tennessee.

  • Adds a tax credit of eight cents (8¢) per pound dry weight of donated spent grain byproduct from beer brewing to be used for agriculture, composting, or animal feed.
  • Limits the tax credit to fifty percent (50%) of a taxpayer's liability under this part in any given year.
  • Requires that the donated grain must go to recipients within 100 miles of where it was produced.
  • The amendment does not specify how long brewers can carry forward unused credits, but mentions they cannot be carried forward for more than twenty-five (25) years.
Amendment 1-0 to SB2339

Plain English: The amendment adds a new tax credit for brewers who donate spent grain byproducts for agricultural use in Tennessee.

  • Adds an eight-cent (8¢) per pound tax credit for brewers who donate spent grain to agricultural users within 100 miles of the brewery.
  • Limits the total credit to no more than fifty percent (50%) of a taxpayer's liability under this part in any given year.
  • Allows unused credits to be carried forward for up to twenty-five years.
  • The exact documentation requirements and process for claiming the tax credit are not detailed in the amendment text.

Bill History

  1. 2026-04-14 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2026

  2. 2026-04-08 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2026

  3. 2026-04-01 Tennessee General Assembly

    Placed behind the budget

  4. 2026-03-25 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 9, Nays 0 PNV 0

  5. 2026-03-25 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2026

  6. 2026-03-25 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/1/2026

  7. 2026-03-24 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2026

  8. 2026-03-24 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/25/2026

  9. 2026-03-23 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  10. 2026-03-23 Tennessee General Assembly

    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

  11. 2026-03-18 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/24/2026

  12. 2026-03-18 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 3/23/2026

  13. 2026-03-17 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/24/2026

  14. 2026-03-16 Tennessee General Assembly

    Action def. in Government Operations Committee to 3/23/2026

  15. 2026-03-13 Tennessee General Assembly

    Sponsor(s) Added.

  16. 2026-03-12 Tennessee General Assembly

    Sponsor(s) Added.

  17. 2026-03-11 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/17/2026

  18. 2026-03-11 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 3/16/2026

  19. 2026-03-03 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2026-03-02 Tennessee General Assembly

    Taken off notice for cal. in Government Operations Committee

  21. 2026-02-25 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 3/2/2026

  22. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate State and Local Government Committee

  23. 2026-02-04 Tennessee General Assembly

    P2C, ref. to Government Operations Committee - Finance, Ways & Means

  24. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  25. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  26. 2026-02-02 Tennessee General Assembly

    Intro., P1C.

  27. 2026-01-22 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Effective July 1, 2027, this bill creates a tax credit for an eligible taxpayer who is
the holder of a manufacturer license to brew high alcohol content beer or the holder of a permit to brew or manufacture beer in this state
against taxpayer's excise tax liability.
The amount of
such
credit for a state fiscal year is equal to the product of eight cents, and the number of pounds dry weight of spent grain byproduct donated by the taxpayer during the state fiscal year
in the following situations
:



For agricultural use, including for use in composting or as animal feed.


To a recipient located in this state that is not more than 100 miles from the location where the spent grain byproduct was used to produce beer, including high alcohol content beer.

However, this bill prohibits a
n eligible taxpayer
from
claim
ing
in a state fiscal year a credit that exceeds the lesser of $30,000 or the total amount of excise taxes paid by the taxpayer during the state fiscal year.

APPLICATION FOR CREDIT

This bill requires a
taxpayer
to
apply for a credit in the manner prescribed by the department of revenue. The department may request from a taxpayer information reasonably necessary to determine whether the taxpayer is an eligible taxpayer and
,
if the taxpayer is an eligible taxpayer, the amount of the credit.

RULEMAKING

This bill authorizes the department of revenue, in consultation with the department of agriculture, to promulgate rules to effectuate
this bill
.

Current Bill Text

Read the full stored bill text
HOUSE BILL 1901
By Reedy

SENATE BILL 2339
By Seal
SB2339
011430
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 43;
Title 57 and Title 67, relative to tax credits for
alcoholic beverage byproducts donated for
agricultural use.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 57, is amended by adding the following
as a new chapter:
57-8-101. Definitions.
As used in this chapter:
(1) "Department" means the department of revenue;
(2) "Eligible taxpayer" means the holder of a manufacturer license to
brew high alcohol content beer or the holder of a permit to brew or manufacture
beer in this state; and
(2) "Spent grain byproduct" means the byproduct material remaining from
grain used to produce beer, including high alcohol content beer.
57-8-102. Eligibility for tax credit.
An eligible taxpayer is entitled to a credit in the amount and under the conditions
provided by this chapter against the taxpayer's excise tax liability under title 67, chapter
4, part 20.
57-8-103. Amount of credit – Limitation.
(a) Subject to subsection (b), the amount of an eligible taxpayer's credit for a
state fiscal year is equal to the product of:
(1) Eight cents (8¢); and

- 2 - 011430

(2) The number of pounds dry weight of spent grain byproduct donated
by the taxpayer during the state fiscal year:
(A) For agricultural use, including for use in composting or as
animal feed; and
(B) To a recipient located in this state that is not more than one
hundred miles (100 mi.) from the location where the spent grain
byproduct was used to produce beer, including high alcohol content beer.
(b) An eligible taxpayer shall not claim in a state fiscal year a credit under this
chapter that exceeds the lesser of:
(1) Thirty thousand dollars ($30,000); or
(2) The total amount of excise taxes paid by the taxpayer during the state
fiscal year.
57-8-104. Application for credit.
(a) A taxpayer must apply for a credit under this chapter in the manner
prescribed by the department.
(b) The department may request from a taxpayer information reasonably
necessary to determine:
(1) Whether the taxpayer is an eligible taxpayer; and
(2) If the taxpayer is an eligible taxpayer, the amount of the credit.
57-8-105. Rules.
The department, in consultation with the department of agriculture, may
promulgate rules to effectuate this chapter. Rules must be promulgated in accordance
with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 2. Tennessee Code Annotated, Section 67-4-2009, is amended by adding
the following as a new, appropriately designated subdivision:

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( ) A credit must be allowed against the tax imposed by this part in accordance
with title 57, chapter 8;
SECTION 3. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 4. For purposes of promulgating rules, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2027, the
public welfare requiring it.