There are currently 41 states that allow shipping direct to consumers, including Virginia. Of those 41 states, 38 require a license or business registration prior to shipping to consumers in their state. Only Alaska, Florida, and Minnesota allow shipments to consumers without any licensure or registration.
While the fees charged by the states for obtaining these licenses vary, as to reporting and tax requirements, several items are largely consistent for the licenses in all states: Reporting is generally required. Frequency varies by state, but all states other than Minnesota, DC, and Alaska require some form of reporting. Tax submission. In most states, both excise and sales taxes will be due on sales of wine into the state. The tax rates vary, as does the frequency of the tax filings. Again, Minnesota, DC, and Alaska have no excise or sales tax due for wines shipped to consumers in those states. Renewals. All state direct to consumer permits, other than North Carolina, expire. Most must be renewed annually, although there are a few states which are bi-annual or tri-annual renewals. Shipping Quantity Limitations. Most states limit the amount of wine that can be sent to a consumer within that state. This limit is sometimes based on wine sent to a specific consumer, and sometimes based on aggregate shipments into the state. Each state is able to dictate the parameters under which shipments are permitted, so the rules vary widely from state to state. Requirement that wine be sold to persons of legal drinking age, and delivery accepted by persons of legal drinking age who live in areas of the state designated as “wet”, where sales of alcoholic beverages may be sold.
In Virginia, a winery or farm winery may obtain a Wine Shippers license pursuant to §4.1-209.1 for an annual fee of $95. The holder of this license can ship not more than two 9-liter cases of wine per month to any person in Virginia. It is permissible to sell two cases to multiple individuals (husband and wife) within the same household in a single month. The sale must be for personal consumption only, and not for resale. The shipments must be sent via licensed common carrier (FedEx, FedEx Ground, and UPS), who must confirm that the person receiving the shipment is 21 years old. The packages must bear a notice that the packages “CONTAIN ALCOHOLIC BEVERAGES; SIGNATURE OF PERSON AGED 21 YEARS OR OLDER REQUIRED FOR DELIVERY.”
Each Wine Shipper licensee must file a monthly report by the 15th of the month detailing shipments made in the prior month. See Ongoing Requirements section, below, for more information on this report.
A map showing the states where shipments are allowed, and where licenses are required, is below.
