Texas Introduces New Filing Frequencies for DtC Wine Shippers

In October 2018, the Texas Alcoholic Beverage Commission (TABC) instituted a rule change affecting holders of Out-of-State Winery Direct Shipper permits. This change adjusts the frequency at which permittees must file reports of their shipments of wine to Texas residents.

Effective January 1, 2019, Direct Shippers must file shipping reports either monthly, if they ship 5,000 or more gallons annually to Texas residents; or quarterly, if they ship less than 5,000 gallons annually to Texas residents. Previously, the reporting frequencies were quarterly or annually, respectively, if the Direct Shipper was shipping more or less than 4,000 gallons annually.

A final annual and quarterly report is still due in January 2019, based on the previous gallonage threshold. But thereafter, the first monthly report will be due in February 2019, to report shipments made in January 2019; and the first quarterly report will be due in April 2019, to report shipments made in January through March 2019 (quarterly reports will then be due in July, October, and January, to report shipments made in the previous three months).

The TABC has released new versions of the C-240 forms, which are used by Winery Direct Shippers for their, now, monthly and quarterly reporting. Notably, these new versions require the wineries to include the carrier’s tracking numbers for their shipments of wine. Requiring wineries and their carriers to report tracking numbers has been a rising trend in the regulation of direct-to-consumer shipments of wine, as it enables the regulators to better confirm that shipments are being made by license holders in compliance with the state’s laws.

For ShipCompliant users, we are adjusting the available filing frequencies and the forms we populate to reflect the changes by the TABC. Users should make sure to adjust their accounts accordingly and ensure they are subscribed to the appropriate frequency — this is particularly so for users whose annual shipments to Texas are close to the 5,000 gallon threshold.

 

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