Kansas Issues Revenue Ruling & Amends License Term

Governor Parkinson of Kansas signed SB 452 into law, changing the license term for a Special Order Shipping license from one year to two years. The legislation became effective on July 1, 2010. The fee for a new special order shipping license was adjusted to $150 to reflect the new two year license term. Current holders of a Special Order Shipping license are now required to renew their license for a period of 2 years and pay a $110 fee. Wineries applying for a new license have two options. Option 1) Pay the two year license fee in full. Option 2) Pay half of the license fee plus the registration fee with their application and pay the remaining half of the license fee plus a 10% surcharge within one year of the date the license was issued. It should be noted that a failure to pay the remaining license fee and 10% surcharge by the due date will result in the automatic cancellation of the license.

On August 23, 2010 The Kansas Department of Revenue issued Revenue Ruling, No. 19-2010-03 which states that taxpayers are not required to remit alcoholic beverages gallonage tax due and owing for the reporting period, if the amount is less than $5. The change in policy was made due to the administrative costs associated with processing payments of less than $5. The ruling does not exempt a licensed direct shipper from any reporting requirements.

The reporting period for Special Order Shipper Licensees is 1 calendar year. Gallonage reports are due no later than January 15th of the following year. The Special Order Shipping License is required for all Off-Site shipments to consumers in Kansas and requires wineries to use an approved age verification service, pay enforcement tax and gallonage tax when applicable.

The shipping license is not required for on-site sales. Any winery may ship to a KS consumer that purchases wine when visiting their tasting room. Applications and additional direct shipping information is available on the State Shipping Laws section Wine Institute website.