The Liquor Tax Act, 1996 provides a limited tax exemption for certain alcohol products made and distributed in Ontario for promotional purposes.

This information does not replace the law found in the Liquor Tax Act, 1996 (the Act), or its regulations.

Who is eligible and what products qualify

This exemption applies only to the beer, wine or spirits tax that a manufacturer or brew pub would otherwise have been required to pay on the promotional distribution of alcohol products without a charge.  For information on how the beer, wine, and spirits tax is applied, refer to the Beer Tax, Wine Tax, or Spirits Tax webpages.

Alcohol manufacturers that produce and sell products subject to the beer, wine or spirits tax may be eligible for the promotional distribution exemption, provided all the conditions are met.

Qualifying conditions

An alcohol product may qualify for the promotional distribution exception if it meets all of the following conditions:

  • it must have been produced by the Ontario manufacturer or brew pub
  • the product must have been distributed by the manufacturer, brew pub, or their affiliates without charge, in Ontario and, and for the purpose of promoting the product
  • the promotional distribution exemption limit has not been exceeded

Exemption limits

For each sales year, a single exemption limit applies to the corporate family. A corporate family consists of corporations that are affiliates of each other under the Act.

The exemption limits are:

  • Beer: 10,000 litres per beer sales year (commencing in March, for a 12-month period)
  • Wine: 10,000 litres for each 12‑month period that begins July 1
  • Spirits: 1,250 litres for each 12‑month period that begins July 1

The maximum exemption amount may be apportioned among corporations within a corporate family in any manner they choose.

Reduced exemption limit for part‑year operations

If an alcohol manufacturer or brew pub carries on business in Ontario for part of the sales year, the maximum exemption amount must be reduced proportionately. For example, if a beer manufacturer carries on business for half of a sales year (6 months), the maximum exemption amount for that beer manufacturer is 5,000 litres for that sales year.

Claiming the promotional distribution exemption

Promotional distribution exemptions must be claimed by alcohol manufacturers and brew pubs on their beer, wine or spirits tax returns within 4 years of the distribution. As with all exemption claims, documents supporting the claim amounts must be kept on file for 7 years.

Alcohol manufacturers and brew pubs should refer to the tax return guides for instructions on how to claim the exemption.

Supporting documents required for exemption claims

All Ontario alcohol manufacturers and brew pubs must keep records that include:

  • the date of the promotional distribution
  • the name and address of the recipient or the name and location of the event at which the alcohol was distributed

If an affiliate makes a promotional distribution, alcohol manufacturers, brew pubs and their affiliates must keep records that include:

  • the name of the affiliate
  • the date of distribution
  • the quantity of product distributed
  • the amount of tax that would have been payable by the affiliate if the exemption did not apply

Additional record-keeping requirements

Additional record‑keeping requirements apply depending on the type of manufacturer.

Beer manufacturers must keep records that include the number of containers of beer promotionally distributed and, for each container:

  • whether the beer is draft or non‑draft
  • the volume of beer in the container

Brew pubs must keep records that include:

  • the volume of draft beer promotionally distributed by the brew pub or distributed at a secondary location related to the pub

Wineries must keep records that include the number of containers of wine and wine coolers promotionally distributed and, for each container:

  • the product type (Ontario wine or wine cooler, non‑Ontario wine or wine cooler)
  • the volume and brand of the wine or wine cooler
  • the “retail price”, as determined under the Act

Distilleries must keep records that include the number of containers of spirits product promotionally distributed and, for each container:

  • the Alcohol by Volume (ABV) of the spirits product
  • the volume and brand of the spirits product
  • the “retail price”, as determined under the Act.

When the exemption does not apply

The promotional distribution exemption cannot be claimed for:

  • distributions where any amount is charged, including a nominal charge for sampling
  • distributions made without a charge but are not promotional, even if the maximum exemption amount has not been reached

Promotional distributions made without charge in Ontario that exceed the maximum exemption amount remain taxable.

Penalty and interest will be applied if exemption claims are made for non‑qualifying promotional distributions or if claims exceed the maximum exemption amount.

For more information

Contact the Ministry of Finance at: