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Message
Could I Get In Trouble With The ATF?
Posted on 8/8/18 at 7:04 pm
Posted on 8/8/18 at 7:04 pm
Can anybody point me to a reference for this?
If I legally buy alcohol and then alter it, and then sell it at a farmers market type setup, could I get in trouble with the ATF for not collecting taxes?
A little more specific example.
I recently infused vodka with garlic and cayenne. Could I buy the vodka, infuse it, then sell it to folks and leave Uncle Sam out of the equation?
If I legally buy alcohol and then alter it, and then sell it at a farmers market type setup, could I get in trouble with the ATF for not collecting taxes?
A little more specific example.
I recently infused vodka with garlic and cayenne. Could I buy the vodka, infuse it, then sell it to folks and leave Uncle Sam out of the equation?
Posted on 8/8/18 at 7:12 pm to Jibbajabba
It's never cool to leave Uncle Sam out of the equation. Technically, you're even supposed to pay taxes on garage sale profits. Now, could you? Sure. I doubt there would be any huge consequences, as long as you aren't making tons of money off of it.
Posted on 8/8/18 at 7:12 pm to Jibbajabba
Even if it isn't, they'll find some way to frick you and take your money.
Posted on 8/8/18 at 7:14 pm to Jibbajabba
Depends on how much you're selling. There is an occasional sale exemption that isn't very clear, but if you are setting up and selling a decent amount you should probably remit tax. You can buy it tax free with a resale certificate though.
Posted on 8/8/18 at 7:15 pm to Jibbajabba
I would talk to the organizer of the farmers market and see what the other vendors are doing. Short answer I would assume this is income and you need to report it.
Posted on 8/8/18 at 7:15 pm to Jibbajabba
Louisiana doesn't have laws regarding selling altered liquor?
Posted on 8/8/18 at 7:16 pm to t00f
More so than taxes I think you need a liquor license to sell it. All that only matters if someone rats you out or a agent happens to be there.
This post was edited on 8/8/18 at 7:22 pm
Posted on 8/8/18 at 7:22 pm to NOLAGT
quote:
More so than taxes I think you need a liquor license to sell it.
And that is where I think the ATF would like to have a word with me.
Posted on 8/8/18 at 7:22 pm to NOLAGT
Probably but just responding to the taxes part.
Posted on 8/8/18 at 7:25 pm to NOLAGT
quote:
All that only matters if someone rats you out or a agent happens to be there.
Seems like a farmers market would be a prime place to see if people are complying with sales tax laws since most probably aren't.
Posted on 8/8/18 at 7:33 pm to Jibbajabba
As long as you are not brewery beer, the ATF will leave you alone.
Posted on 8/8/18 at 7:46 pm to Jibbajabba
How much profit can there be in liquor that you are purchasing at retail?
Posted on 8/8/18 at 7:47 pm to Jibbajabba
Depending on the state the answer is this would most likely not be allowed. Now some states may allow a person to sell alcoholic beverages at a farmers market, but I am 99% sure Louisiana isn’t one of them.
The issue isn’t that you are cutting out Uncle Sam per se, it’s that the sale of alcohol is regulated on a state by state basis and you must be licensed by that states ATC to sell alcohol. Uncle Sam and Aunt State ATC get their money in permits and sales tax if you are licensed.
The issue isn’t that you are cutting out Uncle Sam per se, it’s that the sale of alcohol is regulated on a state by state basis and you must be licensed by that states ATC to sell alcohol. Uncle Sam and Aunt State ATC get their money in permits and sales tax if you are licensed.
Posted on 8/8/18 at 7:48 pm to Mingo Was His NameO
I would be surprised if the farmers market would allow you to sell alcohol without a state alcohol permit.
Posted on 8/8/18 at 8:05 pm to Zappas Stache
i vend at a local market. We have a couple of occasional vendors who sell fruit wines, but they are the producers, and their product is commercially bottled and labeled. Unless you’ve got all the permits and paperwork in place, most markets will not allow you to sell alcohol. And some markets categorically disallow alcohol sales. A decently organized market will carry an umbrella liability policy, as well as requiring all vendors t carry product liability insurance. I sure as hell wouldn’t sell alcohol without being insured.
Re sales taxes, it’s all on the vendor. Most everyone files electronically these days, so it takes all of 2 minutes to do either a monthly or quarterly filing w state and local agencies. They suck the cash right out of your bank account. But markets ask you to report your gross sales so they can determine booth pricing, fees, etc.
Re sales taxes, it’s all on the vendor. Most everyone files electronically these days, so it takes all of 2 minutes to do either a monthly or quarterly filing w state and local agencies. They suck the cash right out of your bank account. But markets ask you to report your gross sales so they can determine booth pricing, fees, etc.
Posted on 8/8/18 at 8:16 pm to Jibbajabba
You wouldn’t be allowed to sell alcohol whether it’s altered or not without having a liquor license.
Posted on 8/8/18 at 10:12 pm to Jibbajabba
What you are doing is against the law. First thing you need to do is get a license to sell alcohol, just like any bar or liquor store. And then pay the Taxman.
edited add:
You are a bootlegger! One of a select breed. Might as well set up a still and cook off your own spirits.
edited add:
You are a bootlegger! One of a select breed. Might as well set up a still and cook off your own spirits.
This post was edited on 8/8/18 at 10:16 pm
Posted on 8/9/18 at 12:33 am to Jibbajabba
My thought is that it’s good to talk with a lawyer about this sort of thing, but I’m probably in the minority since I’ve seen a bazillion threads asking legal questions on TD.
Posted on 8/9/18 at 6:17 am to t00f
I wasn’t directing my reply at you sorry.
Also something else is double taxation. You can’t buy Liquor at retail and pay taxes on it and then turn around and resell it and charge taxes on it. I have a lic to sell and the ATF will come in and check my invoices and make sure I’m buying from a distributor for that reason.
Also something else is double taxation. You can’t buy Liquor at retail and pay taxes on it and then turn around and resell it and charge taxes on it. I have a lic to sell and the ATF will come in and check my invoices and make sure I’m buying from a distributor for that reason.
Posted on 8/9/18 at 7:03 am to Jibbajabba
From a legal standpoint, can you legally resell another company’s product that you’ve altered? ex. You’ve soaked jalapeños in Tito’s and are selling it as pepper vodka, wouldn’t Tito’s itself frown upon this?
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