Wyoming Governor Gordon signed HB 13 on Feb. 9, 2021, increasing the amount of wine that a licensed out-of-state wine shipper may ship to any one household address. The law, which goes into effect on July 1 of this year, allows Wyoming consumers to receive up to 12 cases of wine in a 12-month period. Previously, the […]
Prop 65 Update: Clear & Reasonable Warnings
In January, OEHHA posted a Notice of Adoption of Amendments to Proposition 65. The amendments relate to methods for providing warnings for alcoholic beverages purchased over the internet or through mobile apps. These changes require no additional action for wineries that follow Wine Institute’s prior advice on Prop 65 warnings. The regulation will be effective […]
Illinois Sales Tax Changes for Certain DTC Licensees
Beginning Jan. 1, 2021, winery shipper licensees that do not have a physical presence in Illinois and meet either of the Wayfair tax remittance thresholds are required to collect and remit all state and local imposed sales taxes, also known as Retailers’ Occupation Tax (ROT), on sales shipped to Illinois consumers at the destination rate […]
Kentucky Launches DTC Shipping Program
On Dec. 14, the Kentucky legislature’s Interim Joint Committee on Licensing, Occupations, and Administration Regulations approved the final Direct Shipping Administrative Regulation allowing the Kentucky ABC to process requests for Direct Shipper Licenses authorized under legislation (HB 415) enacted earlier this year. While Kentucky’s new law allowing for the direct-to-consumer (DTC) shipping of wine, beer […]
Register for the Free Virtual Texas ABC Talk
Members are invited to register to attend the Texas Alcoholic Beverage Commission’s (TABC) free virtual presentation that provides guidance for manufacturers on navigating the product registration process (formerly called label approvals) on Dec. 9 at 10:00am PST (12:00pm CT).
Only Two Dry Localities Remain in West Virginia
Earlier this year, West Virginia passed legislation making the entire state “wet” for off-premises sales of spirits and wine, subject to certain requirements. The localities that may receive direct wine shipments are expanded as a result of this change. As of July 1, 2020, all locations in West Virginia, other than Brandonville in Preston County and the […]
Wisconsin Amends Requirements for DTC Permittees
In late May, Wine Institute learned that Wisconsin was delaying the issuance of new DTC shipper permits and renewals for California wineries. The delay was based on concerns regarding a statutory requirement that out-of-state direct wine shippers, also considered corporations or LLCs, appoint an agent who is a Wisconsin resident with authority and control over […]
DTC Tax Updates for Out-of-State Wineries Shipping Directly to Texas Consumers
Updated on Sept. 11, 2020 Franchise Tax: The State of Texas requires wineries located outside the state to file and pay franchise tax if the winery has nexus with the state. Nexus is established if the winery has a physical presence based on various criteria or if the winery has economic nexus in Texas. Economic […]
Louisiana Sales Tax Changes for DTC
Wine Institute has just learned that wineries that sell and ship wine directly to consumers in Louisiana may be subject to additional local sales and use tax obligations under Louisiana’s remote seller economic nexus rules. Out-of-state direct wine shipper permittees must register with the Louisiana Sales and Use Tax Commission for Remote Sellers and collect […]
Kentucky Direct-to-Consumer Shipping Delayed
Kentucky’s new law to allow for the direct-to-consumer (DTC) shipping of wine, beer and spirits by producers becomes effective on July 15. Wine Institute had hoped that the state would allow licensing and shipping to take place in parallel with the process of drafting and enacting the regulations. However, in response to Wine Institute’s direct […]
