New York

New Yorkers know quality wine when they see it, and largely have ample means to go out and get it. In 2017, they made $160 million in DtC wine purchases, making the state the third-largest DtC wine market in the country. This is a core market for wine shippers, and will be a key destination state for wineries for years to come.

Here’s what you need to know to:
  • 1) Become compliant
  • 2) Stay compliant
  • 3) Expand your business in New York
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Steps to Compliance

STEP 1: Becoming Compliant

STEP 1: Becoming Compliant

The first step in expanding any DtC business in New York is becoming compliant with the many rules and regulations required there. Below is a list of what to watch out for.

  • Volume Limits

    Wineries may ship no more than 18 liters per individual per month.

  • Shipping Restrictions

    Packages containing wine should have a conspicuous label stating “CONTAINS WINE – SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY – NOT FOR RESALE”

  • Records

    Wineries are recommended to keep order and customer information on file, in case of audit.

  • Tax Rates

    Excise Tax: $0.30 per gallon


    Sales Tax: 4% + local rates

Reciprocal Provisions

New York maintains a reciprocal DtC model. This means wineries may ship DtC to New York consumers only if they are located in a state that grants similar DtC shipping privileges. A current list of approved states may be found here.

STEP 2: Staying Compliant

STEP 2: Staying Compliant

The second step in expanding your business is staying compliant. Ensure you are able to continue shipping DtC in New York by following the guidelines below.

  • Tax Reports

    Excise Tax: MT-40 Return of Tax on Wine; due monthly, though DtC licensees can petition to file annually

    Sales Tax: SUT return; specific form number depends on filing frequency

  • Shipping Reports

    New York does not require DtC licensees to specifically report sales data, but licensees should retain records in case of audit.

STEP 3: Expanding Your Business

STEP 3: Expanding Your Business

As the third-largest driver of sales among the 45 states that permit DtC wine sales, New York is prime real estate for wine sellers who are able to follow the regulations effectively.

License Required

Out-of-state wineries must receive an Out-of-State Direct Shipper’s License. This is available for $375 for a three-year term. Instate wineries can ship directly to New York residents under their New York manufacturing license.

Product Limits

A licensee must produce the wine that it sells DtC into New York.

STEP 4: Get In Touch with A DtC Expert

STEP 4: Get In Touch with A DtC Expert

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Learn how Sovos ShipCompliant can support your expanding business by helping you adhere to state DtC compliance requirements automatically.

 

Use the map below to find out how to comply with other state's direct-to-consumer wine shipping rules.