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Found 6 results

  1. until
    Register for Free at Eventbrite The Virtual Public Policy Conference, hosted by the American Craft Spirits Association and the Distilled Spirits Council of the United States, provides distillers, owners or operators of DSPs, sales or front of the house teams, investors, and suppliers to our spirits industry the opportunity to engage directly with lawmakers in the nation’s capital and advocate for parity with beer and wine on FET relief, trade support, and other critically important issues. Given the unprecedented challenges affecting the country, we must not get lost in the pressing matters before Congress. There is no more important time for our collective voices to be heard in Washington D.C. This year we've made it easy for you to "attend" from the comfort of your distillery, home, park, or wherever you might have a quiet spot. All you'll need is a smartphone, tablet, or computer to connect with your industry peers and those on Capitol Hill. Agenda Tuesday, September 15 12:30pm EST- 3:30pm EST / 9:30am-12:30pm PST (3 hours) Issues Impacting the Industry Join Jim Hyland (Public Policy Counsel, ACSA) and Kelly Poulsen (Vice President of Federal Government Relations, DISCUS) for a discussion on the latest on the federal excise tax, issue background, and talking points. Interact with Alcohol and Tobacco Tax and Trade Bureau (TTB) officials as they provide an update on the Bureau’s operations with an opportunity to ask questions of TTB officials. Discussions on other emerging issues Wednesday September 16 12:30pm-3:30pm EST/ 9:30am-12:30pm PST (3 hours) Congressional Meetings Join virtual meetings with other distillers from your state and with your elected officials as you seek their support on tax policies and other matters impacting the industry!
  2. Happy Tuesday Morning to you, Dearest ADI Forum Go-ers!!!!!! In today's installment of the TMIT all I have to day is this. HAPPY NEW YEAR TO EVERYONE!!!!!!!!!! This has been an outstanding year, don't get me wrong. The FET extension, all of the new clients I have assisted, all of the past clients that I continued to enjoy yet again in 2019, and all of the amazing folks that I speak to everyday. I am fortunate, but I am Sooooooooo looking forward to 2020. I think it is going to be an amazing year, and the start of a fantastic new decade. So, enjoy your celebrations, be safe, and I look forward to seeing and hearing from all of you in the new year/decade. Until then ... the Waikiki surf is calling my name ... so back I go. Aloha, and until next time ... Stay Vigilant, Best, Aaron Linden a.k.a. InsuranceMan 2.0!!! 307-752-5961 aaron@roaringforkins.com or insuranceman2.0@yahoo.com
  3. 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
  4. 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
  5. 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
  6. Hello, The Federal Excise Tax will help use all out, no doubt. Here are some things you want to think about. 1. It is on the first 100,000 Proof gallons per DSP. I do contract bottling, each DSP is worth $1,080,000 if maxed out. I will be applying for another DSP to take advantage of this. I will be applying for more if I come close to maxing out my first 2 DSP's. 2. My bond for my DSP lets says is $80,000 @ $13.50 a proof gallon I could only have 5925 Proof gallons on hand at any time. But now $80,000 bond I can have 29,629 proof gallons on hand at any time. So for people that have no bond or a $20,000 they can have 7407 proof gallons. 3. If this is not made permanent by 2020. I highly suggest to have cash stock piled and remove as much finished product as you can to your unbounded area even if it a storage unit before the end of December 31, 2019 so you can pay the $2.70 a proof gallon. 4. This was made to help out the little guys, correct? Well I can tell you if I was Brown Forman, or Diago, or any of the big guys I would take full advantage of this new law. If I was them I would build an industrial park with 200, 10,000 sq ft bays. I would then have a main tank farm in the middle feeding each bay, or feed off a tanker truck outside. I would set up 3 bottling lines on skids. Each of the 200 bays would have there very own DSP. I would start with bay 1 and reach the 100,000 pg limit and start the next bay, meanwhile move the filling equipment to bay 4 and keep staging equipment until all 200 DSP's were used up. 200 DSP's is worth $216,000,000. To me that would seem like easy money. I have made it my mission to help other distilleries out. I talk to people all over the country everyday. I offer my thoughts and suggestions with a grain of salt. Take Care: Joseph Dehner 515-5594879 joseph@dehnerdistillery.com
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