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Old 01-29-2010, 01:01 AM   #1
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Default Legalities of bartering with home brew

Question:

Is it legal to trade your homebrew for goods/services?

Is there a lawyer in the house?

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Old 01-29-2010, 01:02 AM   #2
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Under normal circumstances, I'd say no. But youre on the last frontier man! Barter away.


***I'm not a lawyer...and don't play one on tv, and I have a half bottle of Russian River Consecration in me now. I wouldn't trust my judgement.

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Old 01-29-2010, 01:04 AM   #3
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Quote:
Originally Posted by klyph View Post
Question:

Is it legal to trade your homebrew for goods/services?

Is there a lawyer in the house?
I'm not a lawyer, so we'll wait for a real one.

But, in my opinion and understanding of the laws in my state (Michigan), that would not be legal. Since homebrew is not legally salable, and only a 6pack per person can legally be given (not sold) per person, that would seem to me to be a "no". You can give somebody a 6pack in Michigan, as far as I know, but that's it.
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Old 01-29-2010, 01:10 AM   #4
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Originally Posted by YooperBrew View Post
I'm not a lawyer, so we'll wait for a real one.

But, in my opinion and understanding of the laws in my state (Michigan), that would not be legal. Since homebrew is not legally salable, and only a 6pack per person can legally be given (not sold) per person, that would seem to me to be a "no". You can give somebody a 6pack in Michigan, as far as I know, but that's it.
Does the law actually say 'six pack' or does it include an ounce/liter/whatever value?

If it just says 'six pack' (and knowing MI I would not be surprised if it did) who's to say you can put six kegs in a nice wooden 'carrier' and give that away? Or six 40 ounce bottles?

In either event, what the gooberment don't know won't hurt 'em. That's my unsolicited and uneducated opinion on the matter.
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Old 01-29-2010, 01:11 AM   #5
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you could barter for a case of "beer bottles" and they just so happen to be filled ""wink wink nudge nudge"

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Old 01-29-2010, 01:13 AM   #6
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you could barter for a case of "beer bottles" and they just so happen to be filled ""wink wink nudge nudge"
Isn't that how a lot of people sell booze online? They sell the bottles for their 'collector value' and they're still filled because 'they're worth more'?
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Old 01-29-2010, 01:17 AM   #7
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You should be fine so long as you aren't going to the DMV or some other government agency and trying to pay in homebrew.

The barter system is very much alive and kicking. You are not "selling" you homebrew and there inlies the main crux of the situation.

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Old 01-29-2010, 01:19 AM   #8
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Quote:
Originally Posted by kevinkaseykizer View Post
you could barter for a case of "beer bottles" and they just so happen to be filled ""wink wink nudge nudge"
Quote:
Originally Posted by Joeywhat View Post
Isn't that how a lot of people sell booze online? They sell the bottles for their 'collector value' and they're still filled because 'they're worth more'?
That how some people get around not being able to ship beer. They ship bottles of "yeast samples".
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Old 01-29-2010, 01:22 AM   #9
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Originally Posted by imaguitargod View Post
You should be fine so long as you aren't going to the DMV or some other government agency and trying to pay in homebrew.

The barter system is very much alive and kicking. You are not "selling" you homebrew and there inlies the main crux of the situation.
Well, I hate to be a naysayer, but the IRS considers bartering to be a form of income: http://www.irs.gov/taxtopics/tc420.html

So, if you barter with homebrew and receive a service or goods with value, then you've sold homebrew.

Be careful, and be smart!
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Old 01-29-2010, 01:34 AM   #10
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I had the original homebrewing statue from the TTB linked in another thread asking the same question, but it appears the TTB has changed their site and the link is no longer good.

But yooper is correct any form of EXCHANGE for homebrew is considered illegal under the 1978 repeal of the ban on homebrewing, H.R. 1337...unless of course you become licensed to do so, and pay taxes.

In fact Bartering of alcohol of any type is illegal, period, even for licensed retailers.

Quote:

Trading or Bartering

The trading or bartering of alcoholic beverages for cash or in exchange for different alcoholic beverages by and between retail liquor dealers, in order that they may take advantage of special deals involving quantity discounts or free goods offered by wholesale liquor dealers, is not a bona fide loan of liquors described in Revenue Ruling 54-509 which outlines transactions constituting bona fide loans. Such trading or bartering constitutes sales for purpose of resale and engaging in this practice would subject the retail dealers to liability for special tax as wholesale liquor dealers and would necessitate the acquiring of basic permits as wholesale liquor dealers. This ruling relates only to the trading or bartering of merchandise between retailers after purchase thereof by one or more retailers individually, and not to the cooperative purchasing of alcoholic beverages by several retailers, dealt with in Revenue Ruling 56-204.

26 U.S.C. 5111; 27 CFR 194.28
And if you are planning to do so, I wouldn't be discussing it on the largest homebrewing site on the web......
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