klyph
Well-Known Member
Question:
Is it legal to trade your homebrew for goods/services?
Is there a lawyer in the house?
Is it legal to trade your homebrew for goods/services?
Is there a lawyer in the house?
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.
you could barter for a case of "beer bottles" and they just so happen to be filled ""wink wink nudge nudge"
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'?
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.
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
That how some people get around not being able to ship beer. They **** bottles of "yeast samples".
What Revvy means to say is that he's actually a BATF agent, and he's planning on confiscating your stash of homebrew. That's how he stays stocked.
They **** bottles of "yeast samples".
Wow, I've really been out of the loop. I try to distance myself from the federal government as much as possible though.
On January 24, 2003, the Homeland Security Act of 2002 (the Act) split functions of the Bureau of Alcohol, Tobacco and Firearms (ATF), into two new organizations with separate functions. First, the Act established The Alcohol and Tobacco Tax and Trade Bureau (TTB) under the Department of the Treasury. Second, the Act transferred certain law enforcement functions from Treasury to the Department of Justice. The ATF law enforcement functions were transferred to the Justice Department and was renamed the Bureau of Alcohol, Tobacco, Firearms and Explosives.
TTB's Field Operations are organized into five divisions:[1]
1. National Revenue Center: reconciles returns, reports, and claims; screens applications and promptly issues permits; and provides expert technical assistance for industry, the public and government agencies to ensure fair and proper revenue collection and public safety.[2]
2. Risk Management: develops, implements, and maintains monitoring programs for collecting the revenue due the Federal Government and protecting the public, and ensures resources are effectively used.[3]
3. Tax Audit: verifies the proper payment of alcohol, tobacco, firearms and ammunition excise taxes and ensures compliance with laws and regulations by taxpayers in a manner that protects the revenue, protects the consumer, and promotes voluntary compliance.[4]
4. Trade Investigations: comprises investigators who ensure industry compliance with the laws and regulations administered by the Alcohol and Tobacco Tax and Trade Bureau (TTB). TID's investigators: --Ensure only qualified applicants are granted permits to engage in the production and distribution of alcohol and tobacco; --Investigate allegations of trade practice violations in the marketplace; --Examine Certificates of Label Approvals (COLAs) to deter unauthorized usage; --Promote voluntary compliance with the laws and regulations enforced by TTB; --Prevent misleading labeling and advertising of alcohol beverages; --Ensure public safety by responding to credible information suggesting a health-related contamination or adulteration of an alcohol product; and --Conduct investigations of suspected alcohol or tobacco tax evasion.[5]
5. Tobacco Enforcement Division: protects the revenue and promotes voluntary compliance by monitoring the domestic tobacco trade, ensuring only qualified applicants enter the tobacco trade, ensuring compliance with the tax laws relating to tobacco, and facilitating TTB's enforcement functions in cases of non-compliance.[6]
Also, the Advertising, Labeling, and Formulation Division (ALFD) implements and enforces a broad range of statutory and compliance provisions of the Internal Revenue Code (IRC) and the Federal Alcohol Administration Act (the Act). The Act requires importers and bottlers of beverage alcohol to obtain certificates of label approval or certificates of exemption from label approval (COLAs) for most alcohol beverages prior to their introduction into interstate commerce. ALFD acts on these COLAs to ensure that products are labeled in accordance with Federal laws and regulations. ALFD also examines formulas for wine and distilled spirits, statements of process, and pre-import applications filed by importers and proprietors of domestic distilled spirits plants, wineries, and breweries for proper tax classification and to ensure that the products are manufactured in accordance with Federal laws and regulations.[7]
Problem is, you're assuming law enforcement are logical people.no logical person anywhere will arrest you for it.
Problem is, you're assuming law enforcement are logical people.
Is that what happens when you drink the yeast at the bottom of the bottle too many times in one night?
Whoa, whoa, whoa, sir, no need for swears.
And doesn't that hurt?
(c) The gift to an individual for noncommercial use or consumption of up to 20 gallons of beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b). This subdivision does not allow a person less than 21 years of age to possess, receive as a gift, or give beer, wine, mead, honey-based beer, or cider produced under the circumstances described in subdivision (b).
The statute quoted above only restricts trading homebew for cash or other liquor. Since it is specific about those 2 items, it strongly implies it would be ok to use homebrew to barter for the services of others. I was going to post an ad on craigslist offering to barter homebrew for some work around the home. I am still hesitant, but I think I will go for it!
The statute quoted above only restricts trading homebew for cash or other liquor.
I was going to post an ad on craigslist offering to barter homebrew for some work around the home. I am still hesitant, but I think I will go for it!
So happy a guy at work offered to pay for me to brew him a batch of Stout. He and his wife both liked my samples. Now to figure out if I can do this legally somehow...
Sure.
Start by applying for your Federal brewers permit.
Nah, there's GOTTA be a way to brew beer and sell it without paying any taxes, or breaking the law. There just HAS to be! Come on, guys, THINK! How can I make money off of my homebrew??
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