Hey, Gotta a quick question...I've been asked to donate some of my homemade wine to a church's basket raffle in November. I've followed the previous discussions on this site about what we can and can't do with our wine. Anybody done this? And the ATF would...? Darlene
It is definitely illegal. They may not do anything on their own but if someone complains they may have to. Just be sure you do not have anyone who wants to get back at you or any teetotalers in the church. Technically, you are allowed to make wine for use at your own table and no where else. I once asked ATF if it was okay to give wine to friends. The answer was "If they are going to consume it at my table." Just remember that when you go against the law in areas that they do not normally enforce, you are giving ammunition to people who might want to use it in ways you had not thought of. Contact ATF if you want a clarification.
Ray
You could always donate the wine and then win the auction yourself, then it's still for your consumption, and the ATF wouldn't care... Oh, that's probably not the point, even if you wanted the tax deduction.
I don't know if the ATF would be against this (and how many ATF agents do you have at your church?), but how about an alternative if the consensus it to not do it. The best is to offer a wine tasting at your place with you, and therefore the wine is still for your consumption. Once someone wins, you can discuss with them exactly how much tasting they want to do with you.
Just an idea, though there may be other "variations on a theme" there to stay within the letter of the law.
Good luck, and where's the auction? If it was near Portland, I'd consider going just for this lot!
Rob
Ray, That's kinda what I thought...but there are some non-believers in my household. I appreciate your candor. Thanks. Darlene
Hey, It would be for a church raffle here in Wisconsin...and there's no way to be assured of winning it because you have to buy raffle tickets. And I'm not a member of the church, my relatives are, so who knows who's a member. While I'm not concerned about the tax deduction, I do not want to pop up on anybody's radar. This is all rather humorous, because the relatives who were asking for the donation - one is an ex-cop, and the other works for the FBI. Darlene ;o)
People report doing this all the time - as in "I brewed 20 gallons for a friend's wedding", "I took 20 gallons to my class reunion", etc.
What are you going to do - Donate a 750 ml bottle to a church that is then going to raffle it off.
I went to a homebrew picnic a few weeks ago. I brought a package of 48 hot dogs, ate bratwurst, and drank homebrew made by several people. The ATF has better things to do.
Dick
I agree Dick. Sometimes we just have to thumb our nose at stupid government laws. And usually there is no problem. But sometimes the government decides to crack down on someone as an example or some stupid extremist person will push an issue. Some of us may welcome such a confrontation but I would want to be careful about advising others to do it unless they are aware and similarly inclined.
Ray
The regulations are pretty clear, it is for personal use only. You can give it away though as long as it is for "personal use" That can be vague...you can for instance enter wines into a state fair. You or anyone you give it to cannot recieve money for it though.
What you can do is give the church a "voucher" that you would redeem for an bottle of wine...I think that might be ok. Espically if you would also redeem the voucher for an empty wine bottle. So what you are doing is auctioning the bottle.....it might have wine in it...it might not. Or auction off a visit to your house or a visit from you where whenever someone visits you they get a bottle of wine
I would stay away from actually transferring the wine to the church for the auction. That turns it into the church selling it.
Here is the relevant statute: (f) Removal. Wine produced under this section may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions, such as home winemaker's contests, tastings or judgings, but may not under any circumstances be sold or offered for sale. The proprietor of a bonded wine premises shall pay the tax on any wine removed for personal or family use in excess of the limitations provided in this section and shall also enter all quantities removed for personal or family use on ATF F 5120.17, Report of Bonded Wine Premises Operations.
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