Texas

An Out-of-State Winery Direct Shipper permit is required to ship wine to consumers. This permit may only be issued to a person who holds all state and federal permits necessary to operate the winery at the permitted location and holds a Texas use tax permit.  The TABC will notify the applicant if a bond is required. The appropriate tax collection forms will be mailed to all wineries when they receive their respective permits.

• Before applying for the TABC’s “Out-of-State Winery Direct Shipper’s Permit”, a winery must obtain a Texas Use Tax Permit from the state.
• Wineries are advised to complete the “Texas Nexus Questionnaire” with their sales tax permit application and submit all completed forms via U.S. Mail- See DTC Tax Updates Alert.
• Out-of-state wineries shipping directly to consumers in Texas are obligated to collect and remit local sales tax. Out-of-state wineries with no physical presence in Texas may elect to collect and remit a single local use tax rate. Out-of-state wineries with a physical presence in Texas are obligated to collect and remit local use taxes at the individual rates of the jurisdictions where wine is shipped.
• Note registration with the Secretary of State’s Office in Texas is not a requirement for holding an out-of-state winery direct shipper permit.
• Effective Jan 1, 2019, permittees shipping 5,000 gallons or more to TX consumers per calendar year are required to report shipments and pay excise taxes monthly and permittees shipping less than 5,000 gallons to TX consumers annually are required to report shipments and pay excise taxes quarterly. Prior to this change, the reporting threshold was 4,000 gallons annually and the filing frequencies were quarterly and annual.
• Effective Jan. 1, 2019, the name of the common carrier and common carrier tracking number for each shipment must be included on the DTC report.
• All wine sold or shipped by an out-of-state winery direct shipper’s permittee must be in a package that is clearly labeled as containing wine.