Posts from the Wisconsin Category
Hidden Costs of Direct Shipping Licensing
March 3rd, 2010
Before jumping into a direct shipping program in a new state, wineries should consider their current prospect list, market potential, shipping difficulty and costs. When it comes to calculating start-up costs to enter a new state, there is often more than meets the eye. In addition to license fees, wineries may need to budget for a number of “hidden” fees including bonds, label registration fees and other application fees.
Bonds
Some states require wineries to obtain a bond in order to secure a direct shipping license. A bond is a written guaranty, purchased from a bonding company (usually an insurance firm or a surety company), to guarantee that all taxes due will be paid to the state. If there is a failure to pay, the bonding company will make good up to the amount of the bond.
Bonds for direct shippers range from $500-$1500 depending on the state, but premiums, or out-of-pocket costs, to wineries typically average around 10% of the total bond price, or $50-$180 out-of-pocket on an annual or biannual basis. Different bonding agents may quote different rates, so it pays to shop around.
Connecticut, Idaho, Illinois, Indiana, Kansas, Texas and Wisconsin all require that wineries secure a bond before submitting your license application. For wineries that ship 40,000 gallons or more annually, Oregon issues a bond document after the license application has been received but before the license is issued. Wineries that ship less than 40,000 gallons to Oregon annually can apply for a bond wavier.
Label Registration
Several states require brand or label registrations for direct shipping. Ohio, a state that 26% of direct shippers have in their program, requires wineries to register all the labels that will be shipped into the state for a one-time registration fee of $50 per label.
If that sounds pricey to you, consider Connecticut who charges $200 per label and requires labels to be re-registered every 3 years if they are still actively shipped into the state.
Georgia, Michigan, New York, North Carolina and Virginia do not charge a fee though label or brand registration is required in these states.
Application Fees
Some states may require business, Secretary of State or tax registration, or other one-time application fees. This varies from state to state and depends on how your business is structured. Wineries that start shipping to Arizona, Connecticut, Hawaii, Kansas, Maine, Michigan, North Carolina, Ohio, Tennessee, Virginia or Wisconsin may encounter one or more of these fees.
License, bond, label registration and application fees all factor into the true break-even costs of shipping to a new state. The key to ensuring a profitable direct shipping program is to research thoroughly in order to avoid getting caught off-guard with unexpected costs.
Notes on Wine Distribution v.32
February 4th, 2010
The latest version of “Notes on Wine Distribution”, by R. Corbin Houchins, is now available. Release 32 includes updates on legislation, litigation and general discussions on available distribution channels for wine. This release includes substantial changes, including new sections on age and identity, facial neutrality, and logistical support services, as well as updates to state summaries in Arizona, Delaware, Kansas, Kentucky, Maine, Maryland, Massachusetts, Montana, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington, and Wisconsin. Read about these and other updates that affect the way wine is sold and shipped within the United States.
If you are at all interested in the shipping and distribution of wine, this is an excellent resource that is well worth reading. You can view the most recent version of the document anytime by visiting the ShipCompliant Blog and clicking the link located under “Compliance Resources”, or by visiting CorbinCounsel.com and clicking on the home page link, “Notes on Wine Distribution.”
Wisconsin County and Stadium Local Taxes
November 2nd, 2009
All businesses registered with the Wisconsin Department of Revenue received a notice (see below) that county and stadium taxes must be remitted beginning October 1st, 2009. Wineries shipping into Wisconsin are subject to this change. For all orders that were taken after October 1st and shipped to Wisconsin residents, wine shippers must remit the appropriate county and stadium taxes.
When filing the Wisconsin sales and use tax return, form ST-12, Schedule CT should be used to report these additional local taxes. The first sales and use tax return with local taxes is due for monthly filers in November for the month of October. For quarterly and annual filers, the first report with local taxes will come due on January 31st, 2010. Because this new rule became effective on October 1st, annual filers need only to pay the 5% state sales tax rate for the first nine months of the year, but should pay state tax and local tax for the final three months.
All Registered Retailers Must Collect Sales and Use Taxes for All Wisconsin Counties and Stadium Districts
Effective October 1, 2009, all retailers that are registered in Wisconsin to collect and remit the 5% Wisconsin state sales and use tax are also required to collect and remit the applicable county and stadium sales and use taxes for any sales that are sourced to a county or stadium district that has adopted the applicable county or stadium sales or use tax. This provision applies regardless of whether the retailer is “engaged in business” in the county or stadium district to which the sale is sourced.(Section 77.73 (3), Wis. Stats., as created by 2009 Wisconsin Act 2 and amended by 2009 Wisconsin Act 28)
Wisconsin Liquor Reporting: Reciprocal (9 months) + Electronic Filing (3 months)
November 21st, 2008
Effective October 1st, 2008, Wisconsin requires electronic filing for reporting shipments of wine into Wisconsin. According to Wisconsin, filing and paying taxes online is more accurate, more certain, and means better business. And, as we’ve discussed previously, it’s also green and convenient. Direct shippers must file their first excise tax report as a permitted Wine Direct Shipper electronically, and are required to file the “Wisconsin Distilled Spirits, Cider, and Wine Tax Return” (AB-130) and the “Wisconsin Winery and Direct Shipper Schedule” (AB-135). The first quarterly return includes shipments made from October 1st, 2008 through December 31st, 2008, and is due before January 15th, 2009. Also, wineries that ship to Wisconsin wholesalers must file the “Wisconsin Distilled Spirits, Cider, and Wine Tax Return” (AB-130) and the “Wisconsin Liquor Tax Multiple Schedule” (AB-131). Shipments to Wisconsin wholesalers must be filed monthly (also due by the 15th of the month), again, beginning October 1st, 2008.
There are two methods for filing the Wine Tax Return and all related schedules, electronically:
1) The Free-File filing application is available to anyone who has a Wisconsin Liquor Tax Permit Number, and you don’t have to set up a special account to start using it. Free-file will save all your data, so you can work on it as you ship orders, save it, and come back to it later. Entering the schedule information (e.g. the name of the recipient, how much wine they received) will automatically calculate the tax form. You can watch a detailed training video for more complete information on how to report using the Free File format. It’s about a half of an hour in length, and is very thorough. I had the best luck viewing the video in internet explorer. Payment options for Free-file include Electronic Funds Transfer (EFT), or a payment voucher, which you can print out and then mail in with your payment to the Wisconsin Department of Revenue. If you decide to pay your taxes via Electronic Funds Transfer (EFT), it takes about a week to process your registration, so don’t wait until the last minute. For more information about EFT payments, you can visit the Wisconsin EFT web page, or call (608) 264-9918.
2) The Liquor Tax File Transmission filing method is a quick and painless way to submit your tax return. You won’t have to hand-enter all of your data, which can save you a lot time. And just the same as Free-file, you don’t have to set up a special account, so you can begin using it immediately. This filing method does need some initial development, as it requires the creation of an XML file. If you are computer savvy, you can create this file yourself, or, if not, you could have someone that is computer savvy create it for you (ShipCompliant will provide this service to its clients, in case you were wondering). After you have saved the XML file to your computer, just upload the file using Wisconsin’s file transfer application, and wait for an immediate confirmation of receipt. The Electronic Funds Transfer (EFT) payment option is available for this filing method.
Last but not least, for those direct shippers that shipped wine to Wisconsin consumers under the old reciprocity statutes (California wineries only), don’t forget that the “Annual Reciprocal Wine Shipment Report” must be filed for shipments made from January 1, 2008 through September 30th, 2008 (and don’t forget the required dates of birth for both purchaser and recipient). This form can be submitted in paper format. Because the “Annual Reciprocal Wine Shipment Report” only includes shipments through September, it can be submitted now, or anytime before January 31st, 2009.
Wisconsin Becomes a Limited State Today: I’ll Have Some Wine with that Cheese, Please
October 1st, 2008
Beginning today, October 1, 2008, Wisconsin is open to direct wine shipments from wineries throughout the country. Direct shipments to consumers in Wisconsin must be shipped under Wisconsin’s new “Direct Wine Shipper’s Permit”; reciprocal shipments of wines are no longer allowed. New direct shipping regulations include: a $200 Direct Shipping license, payment of sales and excise taxes, and quarterly reporting. Additionally, the consumer is limited to receiving no more than 108 liters (12 cases) of wine per year from any combination of licensees; the consumer is responsible for staying within the limit, however an individual direct shipper may not ship over 108 liters of wine to any individual in Wisconsin.
Also included in the legislative changes is the ability for wineries that produce less than 25,000 gallons of wine per year, to sell wine to retailers through a “co-operative wholesaler”. Co-operative wholesalers must be created before December 31st, 2008. To learn more about the legislative changes and co-operative wholesalers, read “Direct Shipping Bill Receives Governor’s Signature“. Also, “Permit Applications Available” contains more detailed information on these legislative updates, and information on how to become permitted as a Direct Wine Shipper in Wisconsin.
