Homebrewing as a tax write off?

[jkreuze]

Actually the 10th amendment says "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Which means that unless it is written in the constitution, then it is a state issue.


But yeah, if money is exchanged and alcohol is sampled, even if you say the alcohol was just a sample and they bought the shirt, they most likely will try to say that you were selling alcohol, especially since you have already shown intent on selling alcohol, and since you claim to be just a homebrewer, they will fine the **** out of you.

I think what you are getting at is that federal laws must be based in one of the powers enumerated in the US Constitution, e.g., the commerce power, the police power, the taxing power. (I can think of several federal laws not in the Constitution that preempt state law.)



On topic, you probably need a license for your contemplated activity, see 60 Ops. Cal. Atty. Gen. 263 (1985):


"May the operator of a commercial enterprise who does not have an alcoholic beverage license legally offer and provide “complimentary” alcoholic beverages to any interested adult guest, customer or passenger of the business or service, without specific charge while at the same time charging for the product provided or the services rendered?

CONCLUSION

The operator of a commercial enterprise who offers and provides complimentary alcoholic beverages to any interested adult guest, customer or passenger of the business or service while at the same time charging for the product provided or the service rendered will be deemed to have “sold” the alcoholic beverages, thereby necessitating an alcoholic beverage license."


Also see Cal.Bus. & Prof.Code §§ 23300, 23399.1 (what I'll call the "kegger" exemption) as possibly relevant, I don't know. /shrug

 

[davefleck]

There are hair salons around here that give wine or beer to customers. No posted licence for liquor

 

[Phunhog]

Thanks jkreuze for bringing the CA Bus. & Prof. Code up. I have looked at it before and I think it backs up what i want to do especially 23399.1. These are private parties at a private residence, no alcohol is being sold, and the residence is not being maintained for the purpose of serving or producing alcohol. It says nothing about anything else being sold.

 

[Airborneguy]

You're just going to believe whatever you want to believe, so there's no sense having the conversation...

While you are 100% correct, you have to admit its funny to see how far this guy is going to justify his actions.

 

[Airborneguy]

Here is an article about me from a local paper. Read it through and you will be able to quickly gather that I am just a homebrewer.
http://www.vcreporter.com/cms/story/detail/wish_you_were_beer/8822/

This reminds me of whenever the cops kill a perp and the family gives the newspapers a picture of the kid from 2nd grade at his communion ceremony.

Print that article out, I'm sure the cops will take it as evidence when they come for you

 

[Airborneguy]

I have looked at it before and I think it backs up what i want to do especially 23399.1.

Well you just proved ReverseApacheMaster's point. You read the laws, take what helps you, and ignore what hurts you. That's will get you far in court also.

Who's willing to bet we never see a commercial brewery named DBA Two Trees Brewing Co?

Which btw, I got from this gem:

The legal name is my name...DBA Two Trees Brewing Co. Essentially the company and myself are one and the same legally.

I'd love to see this guy's signature!

 

[jmf143]

You're asking internet "strangers" for legal /tax advice.

I'd advise against that... (asking us, that is - we have no liability here, and you might!)

So Hang glider's advice is . . . don't ask for advice. So to follow his advice is to disregard his advice. If I disregard his advice, then I'm actually following it. This is giving me a headache . . .

 

[olllllo]

You just haven't found the right lawyer.

 

[ReverseApacheMaster]

You just haven't found the right lawyer.

Is that the iphone 5?

 

[Phunhog]

Well at least I am not the only one who is confused by these rules.....
http://www.enegrenbrewing.com/beer-store
http://www.beltanebrewing.blogspot.com/
http://pacbrewlab.blogspot.com/
http://localbrewingco.com/about_us.html
http://www.510brewing.com/

These are all CA nanobreweries. None are fully licensed yet all conduct tastings and/or sell t-shirts. I guess they are going off the "it's better to beg forgiveness than to ask permission". They certainly aren't trying to hide what they are doing! Either the ABC and TTB are clueless, they really don't care, or nothing illegal is taking place.
I did a quick Google search for people who have been arrested/fined for selling homebrew. I came up with two people. One was a college student in Ohio, where homebrewing is not officially recognized. The other was a guy in Alabama who also had a still. Not that I am breaking the law but it seems to pretty safe to say that laws pertaining to homebrewing are not enforced.

 

[Scruffy1207]

Well at least I am not the only one who is confused by these rules.....
http://www.enegrenbrewing.com/beer-store
http://www.beltanebrewing.blogspot.com/
http://pacbrewlab.blogspot.com/
http://localbrewingco.com/about_us.html
http://www.510brewing.com/

These are all CA nanobreweries. None are fully licensed yet all conduct tastings and/or sell t-shirts. I guess they are going off the "it's better to beg forgiveness than to ask permission". They certainly aren't trying to hide what they are doing! Either the ABC and TTB are clueless, they really don't care, or nothing illegal is taking place.
I did a quick Google search for people who have been arrested/fined for selling homebrew. I came up with two people. One was a college student in Ohio, where homebrewing is not officially recognized. The other was a guy in Alabama who also had a still. Not that I am breaking the law but it seems to pretty safe to say that laws pertaining to homebrewing are not enforced.

Illegal activities shouldn't be a support to your argument, I think the conclusion to this thread is, you might be able to write off homebrewing, but it's really not worth it, get all your paperwork done so your a full fledged nano, and get in touch with a lawyer. Also don't break laws.

 

[Phunhog]

Of course you shouldn't break laws. But the flip side is that if a federal, state, or local government makes a law they should enforce it....otherwise what good is it?

 

[redcoat_or_rebel]

why do they make laws they don;t enforce?

because they can selectively enforce it. it called tyranny, read a history book.

you may get along for a while but when the state starts needing money (like right now) they will start cracking down on anything they can. especially if an industry starts gaining steam, they will definitely want their cut. right now it is too small to waste time/money on. not to mention if bigger breweries catch wind of nano's making money you can bet they will lobby to take them down - fines, revoking licenses, not issuing licenses at all.

now if you start claiming this stuff on your taxes, you better watch out for your house being taken.

Texas recently had a couple of bills being debated to allow breweries to sell beer on premesis and to allow in-State brewers to sell their products in stores in-State. i know this is a different state but if licensed companies can't even sell their on premesis, why do you think they would allow some guy in his garage to do so? big distributers fought the bills. it's like the mafia, the law restricts big corps competition and the gov gets money ,plain and simple - it is not for the public's protection

 

[Phunhog]

I kind of wish this thread would die but......I did hear back from one ABC office. I sent the same letter to multiple offices to see if the response would be the same....it should be. They just sent me links to homebrewing laws in CA. They said that private tasting events are legal as long as the beer is not sold. They did NOT address the issue of selling t-shirts. I am guessing because it really isn't worth their time and they have bigger more pressing matters, or at least I hope they do. I would share the email they sent but I guess it 's protected legally by some Communications Act. I don't want to break the law you know.