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Permits Online Required Documents – What to Gather Before You Apply

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Before starting your winery application, you should gather the following documentation: 

Application Type: Winery
Documentation to Gather Before You Apply
For a Corporation  - A copy of your Articles of Incorporation and/or Certificate of IncorporationDocuments filed with the state that legally records the creation of a corporation.
For a Limited Liability Company - A copy of your Articles of Organization and/or Certificate of OrganizationDocuments filed with the state outlining the formation of a limited liability company. 
For a Partnership – A copy of your partnership agreementA contract between partners that sets out the terms and conditions of the partnership. 
Lease Agreement or Proof of Property Ownership

If you are leasing the property/premises where you will be conducting your operations, you must submit a copy of your signed and dated lease agreement. 

This agreement must show that the property owner knows how you intend to use the property and gives consent for you to use the building/land for this purpose. 

We need this information even if the owners or officers of the company own the property and are leasing to the company. 

If you own the property/premises then you must provide proof of ownership, such as a deed.

Signing Authority Authorization

You must supply proof that any person who will sign documents, forms, reports, etc., or who will correspond with TTB about this business, has legal authority to do so.  Proof of signing authority includes such things as:

Diagram of the Winery

The diagram of the premises must:   

  • Indicate the dimensions of the premises in feet and inches
  • Identify which areas are bonded
  • Show where all doors are located
  • If applicable, identify any areas used for tax-paid storage

 

Application Type: Winery
Other Documents You May Need to Submit
Wine Bond

TTB F 5120.36, Wine Bond.  A bond is an insurance agreement pledging security for payment of taxes, including penalties and interest, for which you may become liable.

A winery must provide a bond if:

  • Your tax liability for wine under one employer identification number (EIN) will exceed $50,000.00 this calendar year.
  • Your tax liability for wine under one EIN exceeded $50,000.00 last calendar year.
  • You will not pay excise taxes on a deferral basis (i.e., semi-monthly, quarterly or annually).
  • You will be removing wine for industrial use
Power of AttorneyTTB Form 5000.8.  If someone other than an employee, such as a consultant, will act on behalf of the business entity.
Change in Bond (Consent of Surety)TTB Form 5000.18 is needed if you are conducting additional operations that are not covered under your bond, such as alternation of premises or adding a non-contiguous location.  

NOTE: If you are not required to obtain a bond, a Change in Bond (Consent of Surety) form is not required either.
Variance Request

A variance request is letterhead notice (a statement written on company letterhead) requesting permission to use an alternate method or procedure in lieu of one outlined in the regulations. 

You will need to describe, in detail, the proposed alternate method or procedure and the existing regulation to which it relates. 

You must also provide “good cause” for your request, such as when changing circumstances create a need for a different approach.  

NOTE: TTB does not have the authority to waive a regulatory requirement. 

Alternating Proprietorship (Wine)If two or more proprietors with different EINs will be operating at the same premises and sharing space and/or equipment, both the host and tenant must provide an alternating proprietorship agreement (a contract between the host and tenant).
Alternating Premises (Wine)

When the same proprietor desires to alternate part of the premises to conduct another TTB- regulated business, such as a brewery or distilled spirits plant, you need a TTB Form 5000.18, Change in Bond (Consent of Surety)

NOTE:  If you are not required to obtain a bond, a Change in Bond (Consent of Surety) form is not required either.

Go back to the Permits Online Required Documents page

 

IMPORTANT

Permits Online makes it easy for you to electronically apply for and update the permit, registration, or notice you need to operate a TTB-regulated business. Once you have registered to use Permits Online, just log in and follow the instructions and prompts for submitting your application package. There is no fee to apply.

Last reviewed: July 30, 2018
Last updated: June 17, 2021
Maintained by: National Revenue Center