[enso]

Is it legal to barter with beer?

I realize this is very much relative to where one lives.  Where would I look to know if this is legal.

Here is why I am asking.  I am trying to become more involved in local sustainable food, a localvore if you will.  I have attended a worskshop of a local organization.  The topic of creating a network for trading foodstuff and or services, bartering etc. came up.  This was very much about trading surplus of fresh fruit/veg. crops, eggs, meat, or canned/preserved items for things that someone else has that you made need.  Got me thinking what do I have or could have a surplus of that would be a commodity to trade with.  Well, beer was certainly one foodstuff that I can offer as well as say fresh bread.

If I were to still maintain the legal 200 gallon limit so that I was not "going into production" but just bartered some "surplus" beer for some veg. or eggs say, would that be legal.  If it is not, boy that seems to me something worth pushing to make legal.

I am very captivated and inspired by the idea of reestablisghing local food community.  I already trade some things with a neighbor for surplus veg., and pay another for eggs.  I would think it would be fantastic to setup an all inclusive community where one could trade for all foodstuffs including beer, wine, mead, etc...

On that note, gotta go ask the neighbors if I can tap there maples and birch trees...  Of course there will be some syrup in it for them.   

[denny]

I really support your goal, but I'm skeptical about it being legal.  I think you'd need to check your local laws.

[The Professor]

Yeah...you're gonna want to check into this pretty carefully.

I'm not particularly well versed in law other than some of my own barter experience in business (so this is not legal advice), but my understanding is that bartered goods/services are considered practically the same as selling them.  The form of payment is different, but you are still receiving 'value' for the goods/services.  Technically, I believe also that bartered goods in payment for services is even considered to be taxable income.

My gut feeling is that it wouldn't be legal, but you need expert opinion other than from an internet forum, ESPECIALLY since you're dealing with something that is regulated by the Feds.

[enso]

So, where would I begin to look?   

Any suggestions?

Thanks.

[tygo]

From the Vermont barter network website:

http://vtbarter.com/faq/

Barter dollars are treated exactly the same as cash for tax purposes...

I'd say it's a pretty safe bet to conclude from that statement that bartering your beer is illegal.

[denny]

So, where would I begin to look?   

Any suggestions?

Thanks.

The limk tygo posted looks pretty conclusive, but you should consult an attorney to be certain.

[tubercle]

What the Professor said.

 Bartering bread for eggs is one thing but beer has another layer, that being federal excise taxes. And most states have strict rules governing the distribution of alcoholic beverages such as the 3 tier system in S.C. A micro brewery cannot sell its own beer with out sending it to a sanctioned distributor and getting a tax stamp and coming right back.

 That being said, trading a sixer for a couple of dozen eggs to your neighbor would probably go unnoticed but be aware of the risk in case someone decides to drop a dime.

 A call to the state revenue office would be the quickest way to find out if this is worth pursuing further. I'm sure they could tell you right off if bartering beer would be a legal exchange.  

 For your sake I hope it is.

[enso]

...but you should consult an attorney to be certain.

ugh.  I was afraid someone would mention that as a resource.   

I figured deep down it was a no go.  Damn shame.

Guess I will stick to bread and kimchi perhaps.

 

[mtbrewer]

Play it like the Military, don't ask, don't tell

[beerocd]

Play it like the Military, don't ask, don't tell

Ummm, he posted it on the internet. And he didn't even say "a friend of mine wants to know..."
Had that not happened, I'd say it's like trading a pot of stew for a cake.

[theoman]

I read these answers and think: Really? Is it that big of a deal? When a fried comes over and I offer him a beer I am actually exchanging a product for quality time with said friend. I should probably be taxed, since that's an exchange of goods for services. Or, if you go to someone's house for a party, usually you expect to be fed and usually you would bring something like some beer or a bottle of wine for the host. It's not officially an exchange, but that's what it is. So, maybe if you don't actually barter, but instead exchange gifts, it would be acceptable.

[akr71]

So, maybe if you don't actually barter, but instead exchange gifts, it would be acceptable.

This may be a loophole, but you are probably best keeping it as quiet as possible within your 'gift ring'

[dean]

So, maybe if you don't actually barter, but instead exchange gifts, it would be acceptable.

This may be a loophole, but you are probably best keeping it as quiet as possible within your 'gift ring'

No witnesses... 

[denny]

I read these answers and think: Really? Is it that big of a deal? When a fried comes over and I offer him a beer I am actually exchanging a product for quality time with said friend. I should probably be taxed, since that's an exchange of goods for services. Or, if you go to someone's house for a party, usually you expect to be fed and usually you would bring something like some beer or a bottle of wine for the host. It's not officially an exchange, but that's what it is. So, maybe if you don't actually barter, but instead exchange gifts, it would be acceptable.

But there's a big difference between offering a friend a beer and becoming part of a network of people who exchange goods.

[dean]

Agree with Denny... and with the economy the way it is the Law is looking for anything to turn a buck in the courthouse.  I'm getting sick of all the cop shows.    You know its bad when every channel has an "insert county or city" police show.  I just watched a woman deputy bust an old lady for not pulling over, she pulled a gun on granny!  In granny's garage!    I don't know exactly what it was about but the old lady said she didn't see them until she was in her garage.  Something Sly Stallone said ran through my mind right about then...    Some of the cops these days are No Good and need to be locked up.  jmo...

So unless you want to invite unnecessary trouble to your doorstep... I'd think about it more.