Wow, there have been a lot of changes to direct shipping laws this year and we are not even at the six month mark! Many reciprocal and prohibited states are becoming permit states. This is good news for wineries and consumers, but it is hard to keep track of all the changes. There are several states that have passed direct shipping legislation this year that is not yet effective. Here is a brief summary of states that will change to permit systems later this year. Colorado, effective July 1, 2006: A permit is required, but there is no fee. Wineries can ship an unlimited amount to consumers and must pay excise tax. Sales tax is not required. Idaho, effective July 1, 2006: A $25 permit is required. Wineries may ship up to 24 cases to a consumer annually. Sales and excise tax must be paid by the winery. Indiana, awaiting promulgation of rules: Wineries eligible for the $100 permit must have sales under 500,000 gallons with no Indiana wholesaler. The initial sale must be an on-site transaction. There is a 24 case consumer aggregate total and 3,000 case winery total. Sales and Excise tax must be paid by the winery. Massachusetts, awaiting promulgation of rules: The direct shipper�s permit will cost $100. Any winery under 30,000 gallons may obtain a direct-to-consumer and self-distribution permit. Any out-of-state winery over 30,000 gallons who has no wholesaler may apply for a direct-to-consumer permit only. Households will be limited to 26 cases per year. Excise tax is required. In addition, there are some very complex common carrier requirements that could prevent the use of permits even for wineries that qualify. There is one piece of good news, if a winery manages to overcome all of these obstacles it will not be responsible for paying sales tax. Washington, effective June 7, 2006: The cost of a permit $100. Wineries can ship an unlimited amount to consumers and are responsible for paying sales and excise tax. The new laws will not be posted on the Wine Institute website until their effective date, but direct wine shipper applications and tax registration forms will be posted as soon as they are available. I am especially excited about the unlimited shipment amounts in Colorado and Washington. I wonder just how many wine clubs my friends at ShipCompliant will join?
by Annie Bones, State Relations - Wine Institute
Apr 24, 2006 | 0 comments