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Law Exempts Certain Wineries from Burdensome Tax Filing Requirements

Non-farm wineries that produce less than 150,000 gallons of wine annually are getting a break thanks to a new state law just signed by Governor Andrew Cuomo. Sponsored by Senator Ken LaValle of Port Jefferson and Assemblyman Fred Thiele of Sag Harbor, the legislation exempts the wineries from filing annual information returns regarding their transactions with sales tax vendors.

Under state law, all beer, wine, and liquor wholesalers are required to report sales made to restaurants, bars and other retailers to the New York State Department of Taxation and Finance. Farm wineries and craft breweries were included within the definition of a wholesaler required to report such information until LaValle and Thiele passed legislation in 2012 to exclude them. This new law will now exempt non-farm wineries from this costly and burdensome paperwork requirement, according to the lawmakers. Because of their restricted size, producing fewer than 150,000 gallons annually, it is difficult for many non-farm wineries to absorb the cost of complying with the annual filing requirement.

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