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  1. Happy Tuesday Evening to One and All, Although I have been absent for some time, know that I have missed you greatly!!! As it turns out, all is not well in the battle taking place in the insuranceverse, and things have been tenuous, but I, InsuranceMan 2.0 have not given up the battle, and I gain grounds each day. I have many distillers coming to me, keeping me incredibly busy, and I have battled and won many a victory in their name. I do it for you, dear readers/distillers, and my track record is second to NONE! More on that later and the ever changing market and battles. In the meantime though, I have used my superpowers to fly to Las Vegas with my beloved assistant to visit with any of you attending the GIANTIC ADI expo/convention (20 years ... woot-woot) and visit with each of you in person. Yes, that is correct. I have taken precious time to come and speak with each and every one of you at the convention ... well, at least each of you that will be in attendance. The rest will be here in spirit! I will be in attendance at booth 331, and I encourage any of you that have not yet met me in person to grace me with you presents at the insurance super booth of 331. To those of you that I have had the pleasure of meeting, please stop by and allow me to bask in your aura for at least a moment. Gaze your eyes semi upward from floorish distance (like 4 to 6 feet off of terra-firma) and scan the normalish eyesight gaze as if you were walking and not looking at you handheld communication device, and you will see the fantabulous "InsuranceMan 2.0" pop-up/stand up banner. Behold it for a moment for its amazinginess, then approach and speak. You will be heard and your needs will be met. Until tomorrow and the next day my friends ... Stay Vigailant!!! Best, Aaron Linden aka InsuranceMan 2.0 aaron@roaringforkins.com or InsuranceMan2.0@yahoo.com 307-752-5961
  2. TTB Beverage Alcohol manual: https://www.ttb.gov/distilled-spirits/beverage-alcohol-manual List of forms that anyone can access for review, include tutorials: https://www.ttb.gov/forms The 4 forms required every month (Direct Access, must be logged in): Processing (Denaturing) Operations - https://pay.gov/public/form/start/1737334 Processing Operations - https://pay.gov/public/form/start/1736916 Production Operations - https://pay.gov/public/form/start/1737199 Storage Operations - https://pay.gov/public/form/start/2655 The Excise tax form - Filing frequency varies based on distillery size: Excise Tax Return - https://pay.gov/public/form/start/2659 Filing due dates: https://www.ttb.gov/tax-audit/excise-tax-and-export-due-dates The page is designed poorly but you will find the links in there. TTB Standards of Identity (AKA legal definitions of each spirit) The act as written: https://www.ecfr.gov/current/title-27/chapter-I/subchapter-A/part-5/subpart-I Table form (PDF): https://www.ttb.gov/images/pdfs/spirits_bam/chapter4.pdf TTB Proofing series (how to proof spirits properly) https://www.youtube.com/playlist?list=PLlWWcVGrLSp4geGLNahnHSkQ2b3YsVqhz Can an Admin make this a sticky? Please add anything you might find useful especially for newbies.
  3. Craft cocktail bitters brand (Embitterment, based in Washington, D.C.) is for sale, including all IP, TTB approved formulations, and transitional consulting. This includes: 8 SKUs, with formulations TTB paperwork and approvals Process and QA documentation Brand graphics and assets Existing, compliant packaging worth $11K Inventory worth $35K Warm handoffs to suppliers and vendors I started this brand back in 2014 with the hope of eventually scaling up. However, we were underfunded from the start and have finally run out of runway. Making bitters in-house is easy for distillers, requires minimal space, and is a huge value add to any tasting room store, cocktail bar, or bespoke collaboration. It's also a great way to enter into the RTD cocktail game by making canned or bottled Old Fahsioneds or other drinks for your customers to enjoy. For inquiries and pricing, please contact me directly by emailing eric@modernbarcart.com. I want this to be a great deal for anyone who is interested.
  4. Happiest of Tuesdays to you!!! Have you wondered where I have been … did you notice I have not posted in a while … maybe you have, maybe you have not, but rest assured, I am still here protecting the insurance-verse for you and the other denizens here on the forums. Suffice to say, between being a fulltime superhero, work, and living my cover life as a mild-mannered citizen, things have been rather wild and busy. Some family issues, travel, etc., it has kept me busy and with little time to do anything. With that said though, it is a new month, and I am resolved in finding some spare time to pen these much anticipated Tuesday Morning Insurance Tidbits of goodness for you, dear reader. With that, I am going to keep it relatively short and, I must warn you … not very sweet. Bitter in fact in many ways. I know you have read my updates concerning market cycles, brush fire scores, etc., and unfortunately and fortunately I am going to speak about this a bit more in this TMIT since you need to be aware as to what is on the horizon. We are deep in the throws of a double hard market, impacted by claims, and rates impacted by inflation, Covid, and ridiculous brush fire scores. Let us take these one-by-one, shall we??? Let’s start with the double hard market. As you know from past musings, hard markets are cyclical and run from a 3 to 5, up to a 7 year cycle. The good news here is that I am not foreseeing a 5 or 7 year cycle. I do think we need to settle in though for 3 years of “not super pleasant times”. I have been doing this for 20+ years and have a pretty good “gut” for this kind of thing as well as market statistical analysis that I am basing this on. A double hard market is like a supervillain with extra superpowers!!! Not only are they dangerous, they also have the supercharge chutzpah to back it up! Basically, a double hard market (my term, not theirs … you know, them …) come in the way of rate and underwriting. First, rates are on the rise, and second, certain things that they would slip past underwriting in the past they no longer are willing to do. This spells a bit of trouble on the horizon for those purchasing distillery insurance, or renewing past policies. I have seen rate on the rise of anywhere from 7%-20% depending on the carrier, coverage, location, litigiousness of Liquor Liability claims in states, etc. As well, speaking of underwriting, I have not only seen carriers choose to not renew policies in certain states altogether, but I have also seen them putting a moratorium on writing any NEW business in a state. This means that even if they had previously written coverage in a certain state, they are not offing to continue to write it anymore. In some cases, they will partner this along with making the renewal so expensive that it leaves the current clients with no other choice than to shop for a new carrier. Basically a “cancellation” of sorts simply due to prohibitive costs. DIABOLICAL!!! Then we have claims history. Not only is this weighed individually, but also by state, and as a whole. Liquor Liability claims have been on the rise over the past few years, and that is having a heckuva impact on certain states, in particular. If you are in Alabama for instance … best of luck. Actually, I have found a few carriers that will provide it, but it can be a costly endeavor for sure. Like 3 to 4 times more than most any other state. As well, our friends in California are seeing carriers not taking on any new liquor liability business. This compounded with the aforementioned makes operating in certain places rather difficult. No worries though, I am still here fighting the good fight for all of you, and I can assist you with my ultra-super-insurance powers. I will briefly touch on inflation and Covid as we are all sick and tired of hearing about and feeling the impacts from these items. Inflation effects everything, including insurance rates. It is not due to supply-chain however, but dollars are simply not going as far as they use to. Then, “the ‘Vid”. The “’VID” has had an impact due to being short staffed, people not going back to work at insurance companies, on and on and on. ‘Nough said. Last but certainly not least is the crazy brush fire scores that we are seeing throughout the country. Drought, past wildfires this last year throughout the country, and the prediction of an unseasonably dry year have underwriters shaking in their 3-piece suits, or pantsuits … either way. They take the past information as well as the predictory “crystal-ball” information that actuaries provide them with (an aside here. If you don’t know any actuaries, let me tell you, they are like morticians mixed with accountants, mixed with a log, but lacking the personality! I jest … kind of). All indications point to dry and fire-y year, and that is not a good combo for actuaries and underwriters. Some carriers, in fact, have chosen to not underwrite property of any kind in certain areas. Those that are writing it are getting a premium for it (pun intended), like a BIG premium. At this point in the writing, I feel like I am the bearer of bad news, and that was not my intent at all, rather, I simply want to inform you and make you aware of what is happening in the insurance-verse. Alas, worry not dearest reader, I am here to assist and serve. I have carriers that will do anything, anywhere, albeit, for a cost. I also have the VERY BEST carriers in the world that will look to make sense of things and try to make the round peg fit in the square hole when possible. If you are facing this “Hydra-Hardmarket” (I am copywriting that right now as I have never heard that in the past and just came up with it, and it sounds like just the kind of super-monster fit for InsuranceMan2.0!!! to battle!!!) give me a call, shoot me an email, turn on the InsurnaceMan2.0!!! sky-floodlight-thingy. Whatever works for you. I am ready and willing to assist each and everyone here, big or small I will protect you all. Until next time, truth-seekers … Stay Vigilant, Aaron Linden a.k.a. InsuranceMan2.0 307-752-5961 aaron@roaringforkins.com or insuranceman2.0@yahoo.com
  5. Our previous Head Distiller has kept a library of samples from each of our bottlings in case the TTB needs to test a specific batch. These bottles are kept in a locked cabinet in the production office, but they do not exist in our inventory or computer system. With a TTB inspection approaching, we are becoming worried that these samples we thought we were saving for the TTB may actually be in violation of the rules themselves. Can anyone advise me on the legality of this? do we need to have samples of all our distribution batches? If so, do we have to keep them in our computer inventory and pay taxes on them? Thanks for any knowledge you can provide.
  6. Bestest of Friday Mornings to You, Dearest Reader, Here we are again, on the precipice of yet another great summer weekend. The sun is shining, the garden is growing, and all is right with the world. In accordance with all that is well and good, I present today’s Tuesday Morning Insurance Tidbit, albeit, on a Friday. (Insert triumphant trumpet sounds here in your mind). Today’s TMIT is somewhat short and sweet, I know, not my normal M.O. Although, most of the posts that I, InsuranceMan 2.0!!!, put out are not short … they do usually drip with the saccharine-y sweetness of all thing’s insurance. I wanted to announce that I will be in attendance at the ADI Expo in Louisville, KY the week of August 23rd through the 25th … AND I WANT TO SEE YOU AT BOOTH 726!!! I am so incredibly excited to see the Expo taking place this year, and to get out and mingle and talk to all of you from the forums!!! Face-to-face, mano-y-mano, eye-to-eye, one-on-one, vis-à-vis, in the flesh! I have met many of you from the forums already, but I would love to see you again. Others I speak with weekly or so, and I love our conversations via the phone, but I am excited to see you in person. For those of you whom I have not met as of yet, YOU MUST STOP BY AND SAY HI!!! I love to make new friends and acquaintances!!! One of my most favorite events of the year is the ADI Expo simply due to the fact that I do get to see all of my clients in one place over the course of a few days. It is always such an amazing time and I love to get to see all of you since it is difficult to come out and see each of you individually. Please stop by and say “Hi”!!! After all, when was the last time you were able to speak to an Insurance Superhero in person?!?!?!? Until next time, dear reader … Stay Vigilant, Aaron Linden – a.k.a. InsuranceMan 2.0!!! (307) 752-5961 aaron@roaringforkins.com or insuranceman2.0@yahoo.com
  7. Happiest of Summer Days, to You, Dear Reader, As you may or may not know, summer is a busy time of year around the Insurance-verse and a lot of renewals and new business occur between the July 1st date through the middle of the month each year, which means that I, InsuranceMan 2.0!!!, have been extremely busy the last many weeks. On top of that, I have been in Louisville, KY doing presentations on Distillery Insurance which took some time away, further delaying my ability to get out the TMIT in a timely manner. However, I am back in the swing of things, and I have a special treat for you today. Not only is it a Tuesday Morning Insurance Tidbit on a Thursday, but it is also a TMIT TWO-FER!!! That’s right, I am going to touch upon two different topics today, all wrapped into one. I know, super exciting … but try to contain yourself. It is a lot to take in, for sure, so if you need to read the first part and then take a breather, and get back to the second part later, I understand. The first topic that I want to touch upon is “REPALCEMENT COST” coverage, under your property portion of the policy, specifically for your buildings or Tenant’s Improvements and Betterments (TIB’s). If you have either been hiding under a rock for the last year, or just not paying attention, let me tell you what I am talking about. According to Business Insider, the cost of lumber has risen over 250% to 300% in the last year. “OK, so what? What does that have to do with my insurance?” I am getting there dear reader, patience. You know that eight-foot long 2x4 that you used to buy for $2.40? Well, if we use the numbers from the folks at the magazine mentioned above, that means that one singular 2x4 is now going to run you upwards of $6 to $7 a board now. That 4’x8’ 5/8” OSB board that had been around $25 a sheet a year or so ago, well, it is now closer to $75 a sheet. That 6x6 … yeah, yeah, yeah, I know, you get it. Here is the long and short of this and how it ties into your insurance … When your property policy describes “REPLACEMENT COST” (RC) it defines RC as the cost to replace your property with “like kind and quality” up to the limit specified. This means that if they need to replace a computer that you bought 3 years ago for $1,000 (that is now a bit outdated) with the same computer now that they can buy for $300, then that is what you will get, $300 since it is the same computer, the cost has just come down. If they don’t make that computer anymore, and they have to replace it with the same RAM, SSHD, etc., and the only thing they can find is $1,200 then you will get the $1,000 (the fictitious limit you had on the fictitious policy in this case), minus the deductible, and you will have to eat the extra $200. Again, RC is “UP TO THE LIMIT” stated on the policy. Take that example and apply it to your building. With lumber skyrocketing, if your policy limit has not been adjusted, that could be a huge issue. Let’s say that your building was originally built for $350,000 years ago, but it is still showing that same $350,000 limit now, you are probably under insured. If it is a frame structure, OSB decking for the roof, etc., your replacement cost in today’s construction world could be in the neighborhood of $900,000 to $1,000,000 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Yeah, that is a lot of exclamation marks, because this is kind of a big deal. Your policy says “REPLACEMENT COST” of $350,000 and now it would cost $1,000,000. That leaves you on the hook for around $650,000 since the most the policy will pay is the limit shown on the policy, that is why they show you a limit. Again, BIG DEAL! To make matters worse, you more than likely have a co-insurance provision of 80% or 90%. I have done articles on co-insurance previously, so you can go read those if you want an in-depth understanding of that, but, sufficed to say, once co-insurance is factored in it could leave you well short on the amount you receive to try and replace your building. Something to certainly think about. The last thing I want to say about this is, no one wants to overpay for insurance premiums, and just because lumber is up, does it mean you should adjust your policy to a higher limit to make sure you are protected? Well, that is a slippery slope. It is true that lumber may come back down, and you may be ok with your current limit a year or so from now, but what happens in the meantime? That is a huge unknown, but it is something that you should definitely keep in mind and have a conversation with your insurance agent about, and if your insurance agent is not InsuranceMan 2.0!!! you really need to ask yourself, “why!?!?!?”. I digress. As long as you know the risks, you can then decide as to if you want to self-insure that exposure, or adjust it to fit the need. You could also discus “Functional Replacement Cost” with you agent (and again that agent should be me!). Basically, this would be an option for stating a coverage limit of “X”, but as long as you get the same square footage and functionality, you don’t care what kind of material it is replaced with. Functional Replacement Cost allows for the carrier to reconstruct your former stick built property from metal (let’s say) in order to accommodate the same square footage, etc., for the amount listed on the policy since you may be able to reconstruct a steel building for much less than a frame building if you are limited by the value you had on the policy. Again, just another way to solve this possible issue. OK, if you need a breather, now is the time. I will wait ………………. Ah, back so soon? Excellent. On to the second topic of the TMIT TWO-FER!!! Fire Rating Scores. This one is a “hot” topic (pun kind of intended), but it is no laughing matter. Fire Ratings are constantly updated throughout the year through a complex algorithm of wild fire models that provide underwriters with probabilistic loss metrics based on 80 distinct geographic data sets and 300,000 simulations of wildfire data. This is broken down into several subsets such as Risk Score; Brush Fire; Preburn Scores; Preburn Distance; Firebreaks; Average Days of High Wind; etc. Ok, we know this is complex, and you don’t need a history lesson in fire ratings here, just the info that you want to know. What you want to and need to know is that the country is on fire and things have been hot and dry!!! Don’t believe me?!?! Check out this website from the Fed’s: https://inciweb.nwcg.gov/ . This is a live tracker of all of the fires in the country. So, how does this effect you? Well, it could affect you greatly if you are in these hot and dry areas around the country and your insurance is coming up for renewal. Let’s take the Brush Fire rating for instance. Near my neck of the woods this rating went from a 30 (on a scale of 0 – 100) this spring, to 100 currently. This means that underwriters are taking this matrix of scores into effect and we are seeing some rate increases of anywhere from 1 to 1.5 TIMES in the way of premium. That is not 1 to 1.5%, let’s be clear, it is a multiplied increase of 1 to 1.5 times. I have one insured that was paying around $60,000 last year and on their July renewal (remember above, there is a lot going on in July), their premium jumped up to nearly $90,000 for the year. That was not due to an increase of stock on hand, or a huge sales year, that was mainly due to property, location, and these fire ratings. There are a few ways to handle this kind of situation and avoid getting caught up in this underwriting anomaly that I have worked through and crafted answers to in the past, but I am not going to divulge them here. Kind of Trade Secrete and all and if other insurance folks can’t figure it out, I am not going to help them, but I will help you. Call me, email me, send up the InsuranceMan 2.0!!! sky beacon, whatever you like, but get a hold of me if you are facing this situation, and I will help you out. To long and short of this TMIT Two-Fer is this … between the cost of construction going up and the fire hazard in this country being incredibly high in many areas, it is potentially a dangerous time in which underwriters are being very cautious and taking more premium for risks, and building could be undervalued in a world on fire. A perfect storm so to say. As well, if you are in a high fire hazard area, you may find yourself faced with the dreaded NON-RENEWAL !!!!! GASP!!!!! It is true, I have had some carriers state that although they were on the risk in the past, they are not longer able to offer terms. If you need assistance with a cancellation/non-renewal, or in figuring out what to do, or if you are covered adequately, or if you are coming up for a spike in renewal premium, and you need assistance, get a hold of me and I will gladly assist you, Dear Reader. Until Next Time …. Stay Vigilant, Aaron Linden – a.k.a InsuranceMan 2.0!!! 307-752-5961 insuranceman2.0@yahoo .com or aaron@roaringforkins.com
  8. In the process of putting together initial application for DSP. We are 4 partners that have an LLC and in the TTB application there are required documents for each owner/officer. One of these is a Source of Funds SOF. They require a current bank statement and the previous 3 months of bank statements from each partner. I realize we are all going into business together, however, we may not all want each other to see our bank statements. My question - is there a way to provide the info without compromising all this financial data to the other partners? Or has anyone else dealt with this and found a way to keep this private but still meet the TTB requirements? Thanks in advance.
  9. First of all, who ever put this site together, great job. Have been reading through it and it's awesome to have a forum that answers most of our questions rather than trying to call the TTB and rarely get a straight answer. Ok, so curious if any other small facilities have had this issue. QUICK BACKGROUND: We filed for a new permit since we wanted change owners, father to son(we've had this small distillery for 20 years). As ttb came out to do there investigation they took 2 bottles to sample. We were told both bottles were at 81 proof not 80. Although we sent samples to another TTB certified lab and they gave us a reading of 80.23. Our inventory was only about 15 cases. Again we're a small distillery and we only bottle 6 to 12 cases at a time. Basically bottle when we need to. So end result the TTB investigator told us to stop all operations until the new permit is complete which will take another 2 months atleast because we were over proof and that didn't match our labels of 80 proof. We have one major account we can't afford to lose. Has anyone other distilleries gone through something similar? What did you do? Also, for some reason the TTB investigator didn't know the answer to this but does anyone the tolerance +/- you can be for spirits(Vodka, brandy)? is it .3 proof?
  10. Me, again ... I'm in the process of asking for a basic import/wholesaler permit, can I use the facility, space and equipment of an existing running distillery with their own permit? (so basically 2 separate Cie with 2 separate permits in one location/address) I tried asking TTB but no one would answer my questions for 3 weeks. Thank you!!
  11. Anton Paar DMA 5000 for sale. Unit is in good shape, TTB approved, comes with printer and accessories. DMA is in good working condition. I don't need it anymore, i am using something else. Ready for proofing! Let me know if your interested or have questions. Asking for $8,000 extra parts are available, feel free to contact me. Cheers, Joe (724)910-1619 mobile
  12. Happy Tuesday to all of you, my dearest readers, As you may have noticed, we have gone a couple of weeks without the weekly installment of the TMIT, and for that I apologize. As it turns out, InsuranceMan 2.0!!! was otherwise occupied fighting many facets of E V I L !!!!! From some family illness, to working on several very important top secrete projects (hopefully to be announced first here in the future), I have had to take a bit of a reprieve and structure some things differently for a time. Alas, I am back, and with a VENGEANCE (insert cool sound effect here)!!!!!!!!! For this installment of the TMIT I am going to address a topic that is at the top of everyone’s mind as we move closer to the end of the year … TO BOND, OR NOT TO BOND? That is the question—Whether 'tis nobler in the mind to suffer The slings and arrows of outrageous potential Federal Excise Taxes, Or to take arms against a sea of taxation, And, by opposing, keep them low? What in the heck am I talking about? Well, as seen from my stolen and slightly modified Shakespeare quote, I am going to address the impending Federal Excise Tax Rate cut that many have enjoyed for the past many years. As most of you know, or should know, on December 22nd of 2017 a bill was passed that reduced the Federal Excise Tax rate on distilled spirits (amongst many other things) for the years of 2018 and 2019. The taxation rate was reduced from $13.50 per proof gallon down to $2.70 for the same, thereby leaving a lot of extra money in many a distillers pocket/businesses. Oh how we rejoiced and made merry at this news!!!!! Not only was the tax burden lessened upon the good and hearty distillery folk of this land, but they also passed a provision stating that if a distillery removed less than $50,000 worth of taxable product (which works out to roughly 18,518 proof gallons of product at 100 proof, or 23,148 gallons at 80 proof … which is A LOT of booze) in a years’ time, you were no longer were required to carry a Federal Distiller Spirits Plant (or DSP) Bond. Again, the “huzzah’s” rang throughout the land!!!!!! Many distilleries took these newly found riches and either upgraded their equipment, hired much needed assistance, put it into marketing, or simply enjoyed having some extra “walkin’ around” money. Whatever the case, it was a windfall in many cases and one that was enjoyed and well deserved. Fast forward from that time of celebration to now. We are late into 2019 and within a month and a half of this amazing bill, H.R.1 — 115th Congress (2017-2018), expiring. Yup! EXPIRING!!!!!! This bill was only good for 2018 and 2019 and has an expiration date of December 31st of 2019 unless action is taken by those duly elected national officials to either implement this change permanently or allow for it to expire. At this point in time, this bill has a lot of positive backing with several high-powered officials signing on to make this tax cut permanent, however … things like “impeachment hearings” and other political nonsense can get in the way of actual legislation taking place, and we are quickly running out of time before the House and Senate adjourn for Thanksgiving and then the long break over Christmas and New Year’s. PEOPLE, THERE REALLY IS NOT MUCH TIME LEFT HERE!!!!!!!!! This is one of the things that I, InsuranceMan 2.0!!! have been working on. So, what can you do???? Contact your representatives. How do you do that???? Go here: https://whoismyrepresentative.com/ to find out who you can send a letter to, AND SEND IT!!!!!!!!! OK, you have the background now, and the knowledge to go forward to make a difference, but how does this all tie in with the whole, “To bond or not to bond” question? Well, for those of you who are up and running and loving the reduced rate, that is great. For those that are just finalizing their paperwork in order to get their licensing and permitting, now is a precarious time due to the fact that they do not know if they need to submit a bond or not in order to have everything pass thought smoothly. Will the FET cut be made permanent? Will not submitting a bond screw things up and lengthen the process? Will a bond be needed or not come 2020?!?!?!?!? WHO KNOWS!!!!!!!!! So, the question becomes, to bond or not to bond at this point in time. The answer … I don’t have the answer. Here is the sage advice of the all-knowing and all-wise InsuranceMan 2.0!!!, DSP bonds for the past “minimum” required Federal bond stipulated that you must carrier at least $15,000 worth of “Operations” and $1,000” in withdrawal. That bond usually ran about $192 for the year. If you are new to the game and you want to make sure that you are not going to get caught up in sticky red-tape on your permitting, I would say get a bond if you are not a risk taker. The other side of that is, if you are submitting via the PONL system prior to the very end of 2019, take the risk and submit it without a bond since you are still technically under the deadline of the FET cut and you “should” be fine. The crappy part about this is, no one really knows what is going to happen and there is not much out there that addresses if this will get passed in time or not. So that leaves all of us sitting and waiting to find out what the future holds and if the tax rates will remain the same or be jacked up to the prior rates of years past. All I can tell you is this, get a hold of your representative and try to make a difference. Otherwise, if you just sit on your laurels and hope others will contact their public officials, you may end up having to contact me instead in order to purchase a Federal DSP bond!!!!!!! Which call would you rather make, one that will save you money, or one that will cost you money????? You decide. I am hopeful that this tax cut remains intact the way it sits at the $2.70 rate per proof gallon and I don’t have to write a single DSP bond this year. If it does expire however, take a number and get in line because InsuranceMan 2.0!!! is going to be one busy sonuvabeach, cranking out bonds across this nation. Trust me, I would rather see you keep that money in your pocket than to put some into mine and a whole lot into the pockets of the surety companies. Make your calls, send your emails, and tell them to keep the rates low. Hopefully in one month and 16 days we can all raise a glass and toast the permanent tax cuts and have yet another amazing reason to welcome in the new year! Until next time … Stay Vigilant, Aaron Linden a.k.a. InsuranceMan 2.0!!! 307-752-5961 aaron@roaringforkins.com or insuranceman2.0@yahoo.com
  13. When determining proof when a spirit has in excess of 400 mg/l obscuration are you required to follow this method or can you simply distill and proof using a lab still? Video referenced is determining proof obscuration by evaporation. Thanks,
  14. All, I just wanted to share an article that I was honored to be featured in recently that discusses the new lower FET rates, and what needs to happen at a grass roots level in order to make sure that the rates are extended beyond the 2019 date. I have done a lot of work with different groups in regards to the impact that this new rate has had throughout the industry but I would implore you, the owners of distilleries, do everyone a huge favor ... Document, document, document! Of all the groups I have worked with, and all the discussions I have had, the most important factor in the very near future is going to be documentation. If you are enjoying the new lower FET's, and you have been able to purchase new equipment, finally do that marketing campaign you have been dreaming of, or hire some new employees to increase your output, DOCUMENT IT!!!!! Put real numbers to work for you. If you have saved "X" amount of dollars due to the lower FET rate, and have reinvested that in the economy via purchases, employment, whatever, make sure you are documenting it and sharing it with your state guild, national associations, etc. I am here to warn you, if this information is not produced and shared in concrete numbers, the government all-to-likely may not extend this wonderful incentive. If no one can provide solid evidence as to the economic impact that this has had on the industry as a whole, there will be no incentive for the fed's to cut their own large source of funding any further. I would also caution that these numbers have to be produced sooner than later due to the fact that these rates are due to expire at the end of 2019 unless action is taken. That means that numbers for 2018 need to be pulled together and presented as soon as 2019 kicks off. The government is a big ship and it turns slowly, meaning, these numbers cannot be produced in September of 2019 with the hopes of having anyone have time to look at them in time to have an impact. Keep in mind that these lower FET's are due to "sunset" on December 31st, 2019 if action is not taken. That is what I am asking of you all, to take action. Start pulling your "economic impact" numbers together now, so that come the end of 2018, you can go into 2019 armed with the information needed to ensure that these lower rates are here to stay! Here is a link to the article in case you would like to check it out: http://www.spiritedbiz.com/inside-spirits-making-the-tax-cut-permanent/ Best, Aaron Linden 307-752-5961
  15. until
    On November 26, 2018, TTB published their proposed Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages and is seeking public comment, Make the time to read through the proposed changes to the regulations governing distilled spirits and make an official comment (see link below). Your comment can help shape the US Liquor regulations for the next 20 years. Here is the 132 page proposal: https://www.gpo.gov/fdsys/pkg/FR-2018-11-26/pdf/2018-24446.pdf TTB's recommendations for making an effective public comment: https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf Submit your official comments about the proposal to TTB here: https://www.regulations.gov/document?D=TTB-2018-0007-0001 Here is TTBs Stratiegec 5-Year Plan: https://www.ttb.gov/pdf/ttb_strategic_plan_print_v2.pdf
  16. Happy Tuesday Dear Readers, Ah … Spring time in the Rockies! 50 degrees one day, Blizzard warning and cancelled everything and road closures the next. I will say though, that it beats Minnesota (right @Skaalvenn), where you enter winter and negative degrees, and it stays there for 5 months!!!! At least here, in Sheridanopolis, you do get those 50-degree days followed by blizzard warnings. BUT AT LEAST YOU GET THOSE 50 DEGREE DAY REPRIEVES. Enough about the weather, what am I, some 90 year old rancher, talking about the weather. “Looks like weather’s comin’!” Isn’t it always!??!?!?!?! In today's installment of the “Tidbit”, I am going to keep this short and sweet, and not like I do when I say that and then go on ad nauseum for pages on end. This one will be short … ish 😊. Today I am inviting all of you to please come and visit me at booth 434 in Denver next week. As well, I have to tell you, BIG THINGS ARE HAPPENING!!!!! And when I say big things, I mean BIG THINGS. Although I will be at the expo next week and may not have a chance to post here (although I might, but really, with all the fun and frivolity that occurs at the expo it is doubtful), it is my anticipation that upon my return I am going to have some seriously amazing news for all of you here on the forums. With that said, I will be on hiatus for a week or two as I will be out of the country for a period. Even superhero’s such as I, InsuranceMan 2.0, need the occasional break. Insurance-superhero-ing is a full-time gig, 24/7, and occasionally you just gotta get away, as the great Lenny Kravitz has sung. Please stay tuned, dear reader, as I will be forthcoming with some pretty exciting news that is certain to turn the distillery insurance world on it’s head, and be beneficial for everyone. Until then, dear reader …. Stay Vigilant, Aaron Linden a.k.a InsuranceMan 2.0 307-752-5961 Insuranceman2.0@yahoo.com
  17. Looking to understand if there is a minimum time in barrel for spirit classes Light Whiskey or Whiskey distilled Bourbon Mash?
  18. Good Morning Dear Readers, In today’s installment of the “Tidbit”, I wanted to touch upon bonding since it has been something that many folks have asked me about recently. I know, I know, bonding for the most part for many of you has been a non-factor in the recent years … OR HAS IT!??!?!! Dun-duh-daaaaah!!!!!!!!!! I wrote a little posting here a while back about bonding and the fact that the Fed’s never really, clearly defined the new Federal Excise Tax’s (FET’s for those of us in “the know”) reduction, and whether or not you should carry a bond. At the time that they passed the “Tax Reform” bill, Congress only spoke about the removal (or withdrawal) of tax paid spirits. They did not address the potential need for a bond to be held on the stock that is aging, in process, bottled, or bulk spirits (we will just refer to all of these as “stored spirits” from this point forward). There was a bit of debate between forum-goers as to if the “stored spirits” could ever have a need for taxes to be paid in the case of theft, destruction, etc. Addressed in the Code of Federal Regulations (CFR’s); Title 27; Subchapter A; Part 19 – Distilled Spirits Plants; §19.262 General requirements for filing claims - §19.268 the reasoning, ability, and what may happen is discussed in case you feel like reading it … or if you need a nap. Anyway, there is a possibility that “stored sprits” could have the taxes called for by the Fed’s, in which case a bond would or could come in very handy. I will leave that up to you to decide. Really though, the heart of the matter and a question I get asked a lot is, “What is a surety bond for FET’s, do I need it, how does it work, and what about state bonding???!!?!” Well, InsuranceMan 2.0 is here to tell you. What is a surety bond? Well, basically a bond is a legal agreement between entities (in this case the distillery and the governing body) that guarantees that in the case of taxes needing to be paid, that they will be paid, either by the distillery (Indemnitee), or in the case that they cannot make the payment, the surety company (Indemnitor) is obligated to make the payment on behalf of the distillery. In short, if you don’t have the money to pay the taxes, the surety company will make the payment for you to get the government off your back. Sounds like a sweet deal, right? Not so quick! In the case that the indemnitor was to make a payment for you, yes, it satisfies the government by making them whole, but your obligation does not stop there. If the indemnitor has laid out money on your behalf, they are going to want to make up that loss somehow, and that now once again becomes your problem. A guy named “Guido” may show up to your door demanding payment, and “take your knees” if you can’t come up with the money. Actually, that probably isn’t going to happen … Probably. More likely, the surety company would ask you nicely for the money at first, but after that things could get icky. They may sue you over the lost funds, slap an injunction on you and your business (because you do sign the agreement as an individual and on behalf of your entity, if you have one) and make you liquidate assets until the loss is paid in full. Sounds kind of scary, huh? In reality, not really. If you think about this, when are most taxes due? When the product is withdrawn from you bonded premise. Generally that would mean, if you are removing product, chances are the reason is because they were sold, in which case that means that you have the money to pay the taxes on said withdrawn spirits. So really, the surety bond is just a formal agreement, a placeholder, to make the governmental body feel all warm and fuzzy and sleep better at night knowing that they are going to be paid no matter what. I personally have never seen a bond called on anyone that I work with, but I have heard of it in the case of loss/destroyed product (at which there may be a reduced rate on taxes due), or in the case that a distillery has become insolvent (again, thank goodness I have not had anyone with that issue). In any case, even though there is debate as to if you should carry a bond or not, a bond could be very nice to have should the unforeseen ever happen. Just an FYI, a Federal TTB DSP bond is broken into two parts, and this is what was never really addressed. There is the “Operations” side of the bond, and the “Withdrawal”. The operations side contemplates spirits that are “bulk, bottled, or in process”, so again, the “stored spirits”. This is the section that the Fed’s never spoke about or addressed in the tax reform. Then there is the “withdrawal” side that contemplates the taxes needing to be paid when the spirits are removed from you premises. This is the ONLY part that they concerned themselves with. Again, you can see how with this being the case, there may still be need for a bond at this time and place. Based on this recent tax reform, however, as illustrated, the Fed’s really are only concerned with the withdrawal side of things, and they lowered the taxes due from the historic $13.50 rate per proof gallon (100 proof, or 50% ABV) down to $2.70 per the same. A little aside here, the REAL tax rate for many was actually $10.80 since most product for many going out the door was 80 proof (or 40% ABV), which then made the tax rate $10.80 per proof gallon. Just wanted to share that little nerdy bit of knowledge with you. So, what the heck does this all mean?!?!?!? Well, it is too soon to say what Congress will do in the future, but the current FET reduction is due to sunset on December 31st, 2019. In the tax reform document, it states the following: PART IX—OTHER PROVISIONS Subpart A—Craft Beverage Modernization and Tax Reform SEC. 13801. PRODUCTION PERIOD FOR BEER, WINE, AND DISTILLED SPIRITS. (a) IN GENERAL.—Section 263A(f) is amended— (4) EXEMPTION FOR AGING PROCESS OF BEER, WINE, AND DISTILLED SPIRITS.— ‘(B) TERMINATION.—This paragraph shall not apply to interest costs paid or accrued after December 31, 2019. H. R. 1—123 SEC. 13807. REDUCED RATE OF EXCISE TAX ON CERTAIN DISTILLED SPIRITS. ‘(1) IN GENERAL.—In the case of a distilled spirits operation, the otherwise applicable tax rate under subsection (a)(1) shall be— (A) $2.70 per proof gallon on the first 100,000 proof gallons of distilled spirits, and (B) $13.34 per proof gallon on the first 22,130,000 of proof gallons of distilled spirits to which subparagraph (A) does not apply, which have been distilled or processed by such operation and removed during the calendar year for consumption or sale, or which have been imported by the importer into the United States during the calendar year. So again, what does this all mean?!?!?!! It means that currently we are enjoying a bit of a reprieve in regards to the amount of taxes that are to be paid on withdrawn spirits, which is super nice! It leaves more money in your pockets and that is always a good thing. It also means that come the end of this year it could all go away. Maybe it will be voted to remain the same, that would be awesome! Or, it could potentially even go up to or above the historic levels that it was at. Truth be told, we have no idea what is going to happen. One thing is for sure though, many, if not all states, require some type of surety bonding at a state level. Whether it is a “sales and use tax” bond, an “alcoholic beverage manufacturer” bond, or something else, there is probably still a bonding need for your distillery. I, InsuranceMan 2.0 am here to assist you. I can and have provided hundreds of bonds for distilleries across this great land, and I actually have the lowest bonding premiums of anyone in the country. So, if you have a bond and feel as though you are paying too much, or if you have a question about if you should get a bond or not, or if you are a new distillery and found out you do have a state bonding need, I am here to assist you. Maybe you are nearing that 100,000 gallons of withdrawn product and getting nervous as to when the right time to get a bond may be. Again, I am here to help. Give me a call, shoot me an email, text me, hit me up on a PM here on the forums, come see me at booth 434 in Denver in a few weeks, or send a smoke signal. Whatever you need, I am here to answer all of your deepest, darkest insurance and bonding questions. Until next time my friends … Stay Vigilant, Aaron Linden a.k.a. InsuranceMan 2.0 307-752-5961 Insuranceman2.0@yahoo.com
  19. please review bottom of post! Reference Doc below https://www.regulations.gov/document?D=TTB-2018-0007-0001 Notice No. 176: Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages 1. Subpart A—General Provisions Proposed subpart A includes several sections that have general applicability to part 5, including a revised definitions section, a section that defines the territorial extent of the regulations, sections that set forth to whom and to which products the regulations in part 5 apply, a section that identifies other regulations that relate to part 5, and sections addressing administrative items such as forms and delegations of the Administrator. Proposed § 5.1, which provides definitions of terms used in part 5, has some changes from the regulatory text that appears in current § 5.10. In addition to the proposed amendments discussed above in section II B of this document, TTB proposes to modify the definition of “age” to simplify it and to make clear that spirits are only aged when stored in or with oak. The wood contact creates chemical changes in the spirits, which is the aging process. Thus, for example, spirits stored in oak barrels lined with paraffin are not “aged.” Additionally, TTB proposes to add a definition of “American proof,” which cross references the definition of “proof.” The term “American proof” is used in some circumstances to clarify that the proof listed on a certificate should be calculated using the standards in the part 5 regulations, not under another country's standards. TTB proposes to amend the definition of “distilled spirits” to codify its longstanding position that products containing less than 0.5 percent alcohol by volume are not regulated as “distilled spirits” under the FAA Act. TTB also proposes to add a definition of “grain,” which would define the term to include cereal grains as well as the seeds of the pseudocereal grains: amaranth, buckwheat, and quinoa. TTB has received a number of applications for labels for products using pseudocereals, and TTB also notes that the FDA has proposed draft guidance allowing the seeds of pseudocereals to be identified as “whole grains” on labels (see 71 FR 8597, February 17, 2006). Finally, TTB proposes to define the term “oak barrel,” which is used with regard to the storage of certain bulk spirits. TTB and its predecessor agencies have traditionally considered a “new oak container,” as used in the current regulations, to refer to a standard whiskey barrel of approximately 50 gallons capacity. Accordingly, TTB proposes to define an oak barrel as a “cylindrical oak drum of approximately 50 gallons capacity used to age bulk spirits.” However, TTB seeks comment on whether smaller barrels or non-cylindrical shaped barrels should be acceptable for storing distilled spirits where the standard of identity requires storage in oak barrels.
  20. Dear ADI Forum Members, I wanted to let everyone know that over the weekend my iPhone had a major malfunction and is currently not operating. Apple has been amazing and they are getting a new one to me as fast as they can. However, in the meantime, I do not have access to retrieve any voicemails left at my 307-752-5961 number. If you have recently left me a voicemail on my cell phone please also give me a call at the office at 307-673-2496 (or toll free at 1-800-300-4370), or send me an email at aaron.linden@hubinternational.com . Also, do yourselves a favor out there ....... if you rely heavily on your phone and technology, PLEASE back up your files and have a secondary access point. I remember the day when I knew the phone number for everyone that I would call, and know I don't know any of them. Siri is a great assistant, until she is not there anymore!!!!!!!!! LOL!!!!!
  21. HEEEEEEELLLLLLLLLLLLOOOOOOOOOOOOOOOOO A D I !!!! I'M BACK!!!!!!!!!!!!!!!!!!!!! First and foremost, I want to thank all of you for the phone calls and emails checking in on me and my whereabouts over the last several months, it means the world to me to know how much you all care. Second, I want to say hello to all my old friends here, and a special shout out to those of you whom I have not yet had a chance to meet or speak with. I look forward to hearing from all of you and working with you. Yes, like a phoenix rising from the ashes, InsuranceMan (my previous handle here on the fantastic ADI Forums, I encourage you to look up my postings. They are pretty good if I do say so myself) has transformed into InsuranceMan 2.0 and it is not just in name, but in so very many other ways. I still am the industry expert when it comes to all things distillery insurance related, but now I have the ability, flexibility, agility, and so many other "ilities" to assist you in so many ways that it will make your head spin! So, without much further ado, let's get this party started!!!!!!!!! I am here, ready, willing, and wanting to work with all of you in regards to your insurance needs. As you may already know, if you have read my past postings, I have 16 years of insurance industry experience and over 7 years of expertise in very specialized distillery insurance programs. No one else in the country can say the same! And I am not tooting my own horn here, you can ask around, there is no one that knows this industry like I do. I have gone grain to glass at 4 different distilleries and understand your needs from your side of things. Partner that with the expertise I have in the insurance world, and the fact that I work with hundreds of distilleries across the country, and well friend, you have a winning combo! Oh yeah, and the fact that I do it better and cheaper than anyone else is kind of a nice notch in the belt as well. Well, what are you waiting for?!!??!??! You know you want to call me, so DO IT!!!!!!! Oh, yes, you need my phone number. Maybe that is what was holding you up. Well, it is the same as it has always been. Here it is again though, in case you don't have it already. 307-752-5961 OK, now what are you waiting for? I answer my own phone, give you as much advice as you can handle, and answer all of your questions, all you have to do is call. Again, I look forward to speaking to all of you and getting to know you better. Best, Aaron Linden 307-752-5961
  22. We're working on our spiced rum and it will contain less than 2.5% total flavorings and caramel coloring. Will this product need a formula to be approved by the TTB? Also what is required on the label? Is "Spiced Rum" sufficient, or does it need to contain a statement "Rum Flavored with vanilla, almond, and other spices"? I've read through a lot of the TTB documents but still haven't been able to pinpoint a conclusive answer. Another question, does the addition of flavorings change the class & type designation to a "Flavored Rum"? It seems like it should, but maybe not?
  23. Originally posted topic to less pertinent forum - trying this one: Seeking a lease in an historic location in Kansas City. All the buildings in the area a big 4-5 story brick buildings so the owners would like to lease to multiple vendors (zoning is all industrial). Potential site owner is hesitant about leasing to manufacture & retail distillery and not being able to use the other floors for say leasing to restaurant that has a liquor license. My question is basically - if I own a building and lease to a distillery, could I also lease to a restaurant w/ a liquor license(on a different floor)? If I have no controlling interest in the distillery (ie. I just lease, no ownership) would the TTB restrictions prevent any other retail licenses for that location. http://www.ttb.gov/p...s_act052007.pdf Any help or suggestions are much appreciated. Thanks, Alex
  24. Good Day ADI Forum Members, I wanted to do a post today in regards to the new regulations that have taken effect in regards to the PATH Act and the new lower FET rates that have been implemented and how that may affect your need for a bond. This seems to be a hot topic currently so I thought I would address a few issues here. As you all are aware, the PATH Act and the lower FET rates have kicked into effect for the next two years, and there are many of you that are super excited to cancel or terminate your current DSP bond. Well, let’s just hold on a second and think about what these new changes really mean. In the PATH Act, it was determined that any distillery that has less than $50,000 worth of taxable withdrawal in a year’s time no longer is subject to a bond requirement. Then, the new legislation has gone ahead and lowered the FET from $13.50 per proof gallon down to $2.70. That is wonderful, and a boon for distilleries that will allow for growth, capital investment, the hiring of staff, etc. Both the PATH Act and the reduction of the FET’s are fantastic ……………… HOWEVER ………….. The only item that was really contemplated in the PATH Act was the "Withdrawal" amount; the act never specifically said anything about the operations side of the bond. The operations side of the bond is comprised of the "Distiller / Warehouseman / Processor" portion. This portion of the bond covers for items that you have on hand that is either bottled, in process, being held in totes, or aging/maturing on site. In fact, ALL distilleries still have this exposure being that everyone has product on site in one fashion or another, and many of you have a considerable amount of product warehoused at your facilities. Think about this, if for some reason your product on hand were to be lost, stolen, or hijacked the government could still charge the full amount of taxation that would have been due. Yes, the Federal Government reserves the right to still collect the taxation that WOULD have been collected on that product! Sure, there is a repeal process that you could potentially go through to have the taxation abated or forgiven, but there is no guarantee that the TTB would waive these charges, it is done on a case by case basis. In some instances, the taxes may be due upfront until the repeal process can go through the proper channels, and that process can take a while. Although these situations are rare, they can happen. It is also rare for distilleries to blow up or burn to the ground, but that does not mean that you should not carry insurance. For this reason alone, it may be beneficial to keep your bond in place. If a situation such as this were to occur, and you have cancelled your bond, you would have to come up with the cash to pay for the taxation of the lost product. That could certainly become an issue and cause a lot of heartburn in an already stressful situation. In most cases your federal TTB bond should not be costing you more than a few hundred dollars a year, and that is fairly cheap for your piece of mind. As well, the reduced FET’s are only certain for 2018 and 2019, after that, who knows. It could be determined that the rate will go back to $13.50 or even higher, we don’t know, maybe they will leave it alone forever, God willing. Another potential reason to keep an active bond may be that it is easier to increase an already existing bond than it is to go through the entire bonding process again when you get to a point that you have to have one. If you have a history with a surety company of having a bond in place, it is a fairly easy process to issue a superseding bond to increase the amount needed. If you cancel your current bond, and for some reason your financials are not as strong in the future, obtaining a bond for a higher amount (Operation plus your need for over $50,000 in withdrawal) could be difficult. I do want to be clear, I am not trying to be a “fear-monger”, whether you keep your bond in place or not is a personal preference and I would never "twist" someones arm to keep a bond in place if they did not see the need to have one. I just want to make certain that people are educated in this arena prior to making a decision that could potentially have a severe impact on the businesses you all have worked so hard to build. Also, please keep in mind that having a bond in place is not “free money”. By that I mean, as owner of the bond you are indemnifying yourself to the surety. This means that if the surety has to make payment on your behalf, the surety will make every attempt to collect the funds that they paid out to the TTB. They can seize assets of the distillery, your personal assets, etc. The bond is simply there to make payment on your behalf if you cannot at that time. Sooner or later you will have to reconcile with the surety. If you don’t have a bond in place, you will be reconciling with the government. Either way, eventually you will be paying someone back! The long and the short of it is, just because the taxation rate is less for the next two years, and just because you may not hit $50,000 in withdrawal, you may be money ahead to keep your bond in place, especially in regards to the operations side of things. Just "booze for thought".
  25. We have a current DSP with our bonded areas marked off along with our tasting room and retail. We are located inside a mill complex and have one of the units. Recently another unit became available 10 feet down the hall from us and we are planning to expand into it. Our plan is to keep our current location and just use it for production and alcohol storage operations while moving our tasting room and retail into the new unit. Both units are located at the same address but have a different unit #. What/how do I process this change with the TTB and what is the expected turnaround time? Cheers
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