Ist Brennen Legal

Subsequently, the macerate is distilled using a distillery. For this purpose, the residues of herbs and fruits must be filtered with a fine sieve to avoid burns and therefore undesirable bitter substances. The distillation of schnapps is a high art. And as with all arts, it takes time, diligence and practice. My first self-distilled schnapps was a quince schnapps, with quinces from a friend`s garden. It was very different from what we had hoped, it was a disaster. But over time, I got better, refined my puree, and had better control over the cooking process. I really wrote everything down at the time. Temperatures, duration, quantities. Learn from your mistakes and constantly improve your processes and the result will get better and better. You don`t learn to distill schnapps overnight, it`s a process that takes years. Conversely, this means that mini-distilleries up to a maximum of 2 liters do not have to be registered. However, in accordance with the regulations applicable in Austria, the purchaser must submit an application for approval of a burner to the customs office responsible for the operation of the boiler.

Before the start of the distillation of schnapps, form VSt4 (Registration for the production of alcohol according to § 62 of the Alcohol Tax Act (AlkStG)) must be completed. Since 1.1.2022, registration for alcohol production is only possible electronically via FinanzOnline. If you have any questions, please contact the Austrian customs office, tel. 050 233 560. In particular, the legislator wants to avoid or minimize the dangers associated with the private distillation of schnapps. It is not uncommon for adulterated alcohol to result in injury or even death. Because when distilling schnapps, a lot can go wrong. This is especially true if the necessary experience is lacking, which is often the case with private distillers.

The only way to legally distill schnapps for personal use in Germany is through a so-called separation distillery. However, the legal requirements for this are strict. In particular, the individual must be what is called the “owner of the fabric”. The regulation is mainly aimed at fruit growers who process their self-obtained fruit materials with the appropriate authorization in a foreign distillery. Black distillation of schnapps is a criminal offence under German law, as is non-payment of taxes due for the authorised production of spirits. Anyone caught burning black is threatened with a severe fine. He also risks a multi-year ban or the complete loss of his burning permit, if such a permit exists. You have received your approval, know how much alcohol you can legally distill and which separation distillery will help you in your project.

But what happens to your fruit harvested in the separation distillery? They go through a complex process: in addition to avoiding health risks, the legislator wants to prevent tax evasion of the tax on spirits due to tax evasion by private distilleries. In order for the State to have a corresponding overview of the legally operated distilleries, the legal regulations provide for a notification or a corresponding permit requirement. Since a change in the law in 2018, you can no longer distill schnapps for personal use in Germany. An exception applies only to “tissue owners”, mainly fruit growers, who are allowed to distill a limited quantity of schnapps in a clearing brewery with the permission of the local main customs office. Distillation, on the other hand, is generally not prohibited in Germany, but for the production of alcohol. Until the 31st. In December 2017, private individuals in the Federal Republic of Germany were allowed to distill small quantities of schnapps themselves and, for example, to transform pears from their own garden into fruit brandy. If you do not have an official license to distill alcohol – a so-called distillation permit – you are already violating customs notification obligations.

In addition, you will have to pay a tax on distilled alcohol. If you do not do this, it is tax evasion (cf. § 370 of the Tax Code). In case you have a burning permit, but burn more than a permit and do not pay tax on the surplus, it is also tax evasion. A good glass of schnapps after a meal is popular with many, so the question quickly arises as to whether you can also distill schnapps yourself in Germany. There shouldn`t be anything wrong with that, right? We explain in detail if and when distilling schnapps for personal use is legal or illegal in this country. In addition, you will learn what penalty can be imposed for illegal alcohol production. In addition, we will discuss the possibility of applying for your own distillation permit in Germany. This dubious legal theory could have dramatic consequences for elections.

The Lexikon für Chemie defines the distillation of schnapps as the distillation of alcohol for consumption. The technology and apparatus used for distillation is called a distillery. The finished product is known as brandy, for example fruit brandy. When distilling schnapps, the goal is to obtain a tasty mixture of alcohol, water and flavorings. With the entry into force of the new Alcohol Tax Act on 1 January 2018, the production of alcohol by distillation is only permitted in sealing or so-called separation distilleries in Germany. An additional difficulty is that there are regional quotas for separation distilleries, which are mainly distributed in the fruit-growing areas of southern and south-western Germany. If these are already sold out, you will not receive a permit. For legally distilled alcohol, distillers pay a tax on the liquor or give it to the Federal Monopoly Administration in exchange for a takeover fee.

Fruit growers point out that they have to charge around €25-30 per litre of brandy sold to be profitable. Some experts therefore see quality- and health-conscious consumers who prefer organic products from regional production as an opportunity for local fruit growers to survive in the market. Many farmers who operate schnapps distillation on the margins and depend on it economically have begun to offer, for example, exclusive schnapps on their own farms as local specialties for holidaymakers. What is a separation distillery? Paragraph 9 of the AlkStG defines them as follows: `Separation distilleries are places where alcohol … can be obtained and cleaned exclusively from fruit […] without closure. The distillation of schnapps in Germany is therefore only legal in a separation distillery.

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