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Technology provided by ShipCompliant Home > Our Initiatives > State Shipping Laws > State Shipping Laws: New York

State Shipping Laws: New York

Summary

Direct shipments permitted; restrictions apply. The regulatory authorities in New York have issued the required documents for obtaining a direct shippers permit and filing the required reports. They have come up with a very complex system of both licensure and reporting, that requires multiple steps on the part of each winery. Please see the links to the required forms below, along with instructions as to the order in which an applicant must move through the process. In essence, wineries must obtain 3 types of permits (a sales tax permit, a direct shipper’s permit, and a “distributors” permit to allow excise tax payments). They must also file 3 types of returns (a semi-annual manufacturer’s report of shipments to the SLA, a quarterly sales tax return, and a monthly excise tax payment). On 6-24-09 the NY SLA announced that direct shippers may apply for approval to file form MT-40 annually instead of monthly. More information is available under relevant documents.

Customer Aggregate Volume Limit

There is a limit on volume of total shipments from a winery to each consumer over a specified period of time.

  • This region has a limit of 36 cases per individualper year for combined onsite and offsite sales.

Offsite Rules

  • Customer Aggregate Volume Limit
  • Direct Shipping License Required
  • Tax Required
  • Reporting Information Required

Onsite Rules

  • Customer Aggregate Volume Limit
  • Direct Shipping License Required
  • Tax Required
  • Reporting Information Required

New York

Contact Information

New York Division of Alcoholic Beverage Control
State Liquor Authority
Alfred E. Smith Building
80 S. Swan St., Suite 900
Albany, NY 12210-8002
Phone: 518 474 0810
Fax: 518 402 4015
New York State Department of Taxation and Finance
W A Harriman Campus
Albany, NY 12227
Phone: 800-972-1233

Relevant Documents

  • SLA Advisory Regarding the Direct Shipment of Wine by Out-of-State Wineries for Personal Use Not Resale
  • Tax Information Regarding Direct Wine Shipments by Out-of-State Wineries
  • 1-Sales Tax Application (Certificate of Authority) DTF-17 (completed application & approval necessary before filing for permit in #3 below)
  • DTF-17 Instructions
  • 2 - New York Reciprocity Letter Effective 1/06
  • 3- Application for an Out-of-State Direct Shipper's License
  • 4-Application for Registration as a Distributor of Alcohol Beverages TP 215 (submit with sales tax application to expedite the process)
  • TP-215 Instructions
  • Return of Tax on Wines, Liquors, Alcohol, and Spirits (MT-40)
  • NYS Liquor Authority for Out-of State Direct Wine Shipment - Wine Manufacturer's Report (PART 1)
  • NYS Liquor Authority for Out-of-State Direct Wine Shipment Wine Manufacturer's Report (PART 2)
  • Filing Instructions for Out-Of-State Wine Manufacturer's Reports 1 and 2
  • Notice Regarding Option to file MT-40 annually instead of Monthly (6-24-09)
  • Return of Tax Instructions (MT-40-I)
  • Application to File Form MT-40 Annually (MT-38)

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