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Do You Really Own Your Cask Of Whisky?

Casks, Whisky, Whisky Education

The Lagavulin Distillery

Buying a whisky cask as an alternative investment is becoming increasingly popular as traditional investments become less reliable.

One of the main attractions to owning a cask of whisky is that it is a physical asset. But as casks of whisky have to be kept behind lock and key in HMRC regulated bonded warehouses how can you be sure your cask exists and that you own it?

We run through the intricacies of owning a cask and guide you through the areas to be wary of.

  • How cask ownership is transferred
  • Cask ownership with Mark Littler
  • How cask ownership should not be transferred
  • Why internal transfers are cause for concern
  • How to tell if you have full ownership of your cask
  • Do bonded warehouses ever go out of business?

How cask ownership is transferred within the whisky industry

Scottish distilleries have the combined capacity to fill over 1 million hogsheads of whisky every year and within the industry casks are sold on a large scale: Brokers buying whisky for blending purposes might complete sales of up to 1,000 casks at a time.

When the sale of the casks is complete the seller instructs the warehouse holding the casks to transfer title of the cask to the new owner.

This is done via a written delivery order that must be signed by both the seller and the buyer, and addressed to the Warehouse Keeper at the cask’s given location.

In many ways the sale is similar to that when you buy a house; the only real change is the title to the property on the deeds.

 

Why only a signed delivery order will do

The reason a physical copy of a doubly signed delivery order is necessary is quite simple.

Casks are stored under duty suspension and a modest 2,000 cask warehouse would have approximately £9,000,000 of unpaid duty and VAT owed to HMRC.

Stringent ownership records must be kept because HMRC wants to know exactly who owes them what. Even in the smallest warehouses the Warehouse Keeper has a strict responsibility to ensure that accurate records of ownership are kept at all times. Otherwise HMRC will revoke their Warehouse Keeper’s licences.

Every month the Warehouse Keeper must submit to HMRC a W1 or Excise Warehouse Return. A W1 updates HMRC regarding the details of the alcohol which has been received, dispatched and is currently stored in their warehouse.

Summary: The enormity of the debt held in suspension on casks and the associated responsibility to HMRC means that casks can only change ownership at the warehouse level. This is only done through a signed and countersigned delivery order.

There is no other method of transfer recognised in the cask industry.

How do casks change ownership

How cask ownership is transferred when you buy a cask from Mark Littler LTD

When you buy a cask from Mark Littler we are acting as your agent. We are not selling our own stock or inventory, rather we find you a great cask at a fair price and broker the sale between you and the supplier.  

Once you have signed the contract and paid your invoice, the warehouse where the cask is stored will be in direct contact with you. They will send you out a delivery order outlining all of the cask numbers and you will be required to countersign and return it to the warehouse. When it is received you will then be the legal owner of the cask.

If HMRC ever decided to do a spot check it would be instantly clear which casks belonged to you.

As such, if Mark Littler were to ever cease trading you would have a direct link to your cask at the highest possible level. It also means that you have full rights to transfer your cask to another individual, move the cask to another bonded warehouse or have the cask bottled.

When the title of the cask is transferred at a warehouse level you have full autonomy. 

The chain of ownership can be summarised as this:

  • The warehouse sends you a delivery order to countersign directly
  • The warehouse records are changed to state that you are the new owner
  • If HMRC audit the warehouse it is clear that the cask is held in your name
  • If the company who sold you the cask go out of business ownership of the cask is clear and could not be confused with the assets of the company
Guaranteed Cask Ownership Infographic

Summary: when you buy a cask with Mark Littler you will be issued a delivery order directly from the bonded warehouse so you can be guaranteed the cask is held in your name and your name only.

How cask ownership should not be transferred

The ownership of a cask or casks is not transferred with a certificate.

We have encountered casks that have been sold to customers who have only received a ‘certificate of acquisition’ or ‘certificate of title’. This is often a sign that the transfer of ownership has been done at a company level rather than at a warehouse level.

A certificate of acquisition or title means that although internal records of the company who sold the cask are changed to show that the cask belongs to Mr Smith, it is still held under the company name at the bonded warehouse, and as such HMRC.

This has serious implications for you, your cask and your investment.

If the company was to ever fall into administration or cease trading there would be no records at the warehouse to show that any of the casks belonged to you. If HMRC ever did a spot check on the warehouse it would simply show that the company owned the cask and there would be no record of your ownership.

On a more basic level this also means that should you ever want to transfer the ownership of the cask to somebody else, move the cask to another bonded warehouse or bottle the cask, you would have to do so via the company who sold it to you in the first instance. You would not be authorised to do this directly because as far as the warehouse is concerned the cask is not held in your name. If the company changes its name or fails to respond to your requests you have limited options because there is no ‘official’ record of you owning the cask.

In other words you do not have full autonomy over your asset.

The chain of ownership can be summarised as this:

  • The company send you a Certificate of Acquisition 
  • Internal company records are updated to show that you are the owner
  • Warehouse records still state that XYZ company are the owner of the cask
  • If HMRC audit the warehouse it will only show that the cask is held in the name of the company
  • If the company who sold you the cask goes out of business you have no way to claim your cask as it will likely be impossible to differentiate between your cask and the assets of the company
Questionable Cask Ownership Infographic

Summary: Issuing a Certificate of Title or otherwise is not a guarantee of ownership. More often than not it only indicates that the ownership of the cask has been transferred internally. You have no direct control over your cask.

Why internal transfers are cause for concern?

Internal transfers allow for Ponzi schemes

In case you do not know, a ponzi scheme is the sale of a singular item to multiple people. Warehouse Keepers and bonded warehouses are very strictly vetted by HMRC and subject to spot checking, which means if a cask is held on record it is as safe as if it were in the Bank on England. When a cask is transferred by a delivery order the bonded warehouses simply acts as an independent third party in the ownership of your cask (you simply pay them rent).

If a cask title is only transferred internally then the highly regulated Warehouse Keeper, and therefore HMRC, has no idea anyone other than the company owns the cask. As the cask owner you are relying on an unregulated company to only sell that cask once. Unfortunately ponzi schemes have been one of the most common scams in the alcohol industry. The Nant Whisky Group is one of the most famous past examples but there are current companies who have been associated with these types of schemes and wine investment scams are rife too.

Whisky cask investment: the difference between a delivery order and a cask certificate

How do you know if you have full ownership of your cask?

If you are already a cask owner and are concerned that the cask you purchased is held in your name or not all you need to do is consult your paperwork.

If you have only been issued a certificate of title etc then there is a very slim chance the cask is held in your name at the warehouse it is stored at because you are legally required to sign the delivery order.

If this is the case you should contact the company who sold you the cask in the first instance and ask them for a delivery order to transfer the cask into your name at the warehouse.

Summary: If you did not sign a delivery order your cask probably is not held in your name at the warehouse level.

Insurance can also help you spot the problem

Another good indicator as to whether or not you have full legal possession of your cask is if insurance was included in the cost of your cask at the time of purchase.

Bruce Stevenson are the only insurance broker that we know of that offers insurance for casks of whisky. Their minimum policy costs around £350 and insures up to £100,000 of casks.  Increased cover, for instance £500,000 will only cost a small amount more as most of the initially £350 is their minimum policy fee. This applies to every new policy.

Consequently it is very cheap for a company holding £500,000 of casks to insure their stock if costs are looked at proportionately. This cover is blanket protection for all of the casks held only in the name of the policy holding company.

If ownership records are only changed internally then the stock at the warehouse can all be insured under the same company policy very cost effectively. If ownership records were changed at a warehouse level for every customer they will have to take out a new policy for every customer resulting in a £350 minimum policy fee for each customer.

As this is a sizeable cost, and one that would be accrued annually, it is unlikely that this could be offered for free. As such, if a company has offered insurance for X years as part of the purchase price you either paid a significant amount over the value of the cask at the time of purchase to pay for the insurance, or the company selling you the cask is operating at a loss, or they have not transferred the ownership and are therefore only paying one £350 per annum fee.

Summary: If your cask came with free insurance for x years this is a strong indicator that your cask is not held in your name at the warehouse level.

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Do Bonded Warehouses ever go out of business?

Another consideration is what would happen if the warehouse went out of business?

It would not matter. HMRC would have records of all of the cask owners – which is updated monthly. Another company would take on the management of the bonded warehouse, or you would be notified to arrange to move your cask to a different warehouse and the new Warehouse Keeper would take over liaising with HMRC on your behalf.

It is worth noting that we have never known a bonded warehouse to fail or go out of business.

Questions or concerns about a cask you own?

We are always happy to answer people’s questions about casks. Whether it is a cask you already own or one you are looking to buy we are able to offer free advice on all aspects of cask investment and ownership.

Simply send us an email or call the office on 01260 218 718, we are always happy to chat about whisky.

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Mark Littler LTD
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Congleton
Cheshire
CW12 1DY

01260 218718
[email protected]

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Based on 217 reviews
Mark Littler LTD - Independent Antiques Consultant and Whisky Broker
Mark Littler LTD - Independent Antiques Consultant and Whisky Broker
5.0
Charles McCue
Charles McCue
10:52 20 Jan 21
During the last 12 months I have been actively making tentative enquiries to sell my whisky collection, which I had been collecting for more than 20 years. During this time I had been in discussions with various very well known whisky retailers online, with a view to them purchasing the bottles from me or finding prospective buyers. After many phone calls, emails and conversations, I was left feeling very frustrated and bewildered at their lack of communication in general and commitment to providing me with a service. That was until I discovered Mark Littler through an oline post that had been sent to me from a family member, which highlighted a high profile sale Mark had recently been engaged in. I decided to contact Mark the following day and within hours he had come straight back to me and offered to work with me to sell my collection. This was quite astonishing given the lack of communication that I had received from others. From the outset Mark has always been professional, courteous and friendly, which has made my own experience of using Mark's services an absolute pleasure. His individual care and approach to everything he undertakes on your behalf in providing you with a service is nothing short of exemplary. In no time at all Mark has already sold a much sought after vertical in my collection and I am delighted with the outcome. I would not hesitate in recommending Mark to anyone attempting to sell their own collection.
phill capo
phill capo
20:19 19 Jan 21
I got in touch with Mark having read one of his articles online. I was thinking of investing in a cask and had an offer from a company that shall remain nameless. At this point I thought I should seek independent advice. Mark's professional and informative approach to my questions was excellent. He basically saved me from making a huge potential mistake investing with a company that were not throwing straight dice and trying to pitch sales based on false information. I may add that at this point Mark was not pitching any sale to myself, merely offering good, genuine and free advice.I later had the opportunity to use Mark as a consultant to invest in my first Cask. I have found him to be very professional, knowledgeable, courteous and friendly.I feel lucky to have sounded out Mark as a broker and hope to be using him again in the future. I can not recommend him and his team highly enough for their help and time!
Pankaj Khushani
Pankaj Khushani
07:57 06 Jan 21
It was an absolute pleasure dealing with Mark. I was looking to buy a cask of whisky and spoke with numerous brokers. The response, transparency and authenticity from Mark was the one that I liked the most. I highly recommend visiting Mark's website and the process outlined by him to own a whisky cask is the most exhaustive and helps you understand the nuances of owning the cask. I highly recommend Mark and will surely be buying through him again.
Dean Reeves
Dean Reeves
15:16 29 Dec 20
Recently, I made enquiries with Mark about buying a whisky cask.He very promptly answered all my questions and gave me all the information I needed to make an informed decision.He was thoroughly professional and there was never any pressure to buy, just support and step-by-step instructions.I am very pleased with the outcome of my cask investment and I look forward to working with Mark again in the future.
Barbara Powell
Barbara Powell
10:49 23 Dec 20
Can definitely recommend Mark Littler and his staff. He is helpful, communicates, and is very sincere in achieving a successful outcome.
Stephen Ferrie
Stephen Ferrie
13:05 22 Dec 20
Mark was thoroughly professional and efficient in helping my family get a great deal in buying some whisky casks.We received a very friendly, quick and personable service with regular updates throughout the process.Highly recommended and greatly appreciated!
Darroch Willock
Darroch Willock
20:05 21 Dec 20
Great service from Mark, would recommend and would use again. Easy to contact for updates or advice and guidance throughout the process. Very helpful at all times and the final result was exactly what I had hoped for.
Neil Clements
Neil Clements
15:53 20 Dec 20
Mark did exactly what he promised to do and achieved a good price for the whiskey cask which he sold for us. We were kept informed of what was going on and the whole transaction was hassle free.
Nigel Danhash
Nigel Danhash
09:28 20 Dec 20
Mark was true to his word when he advised how long the process would take with selling our Cask of Whisky and what we would expect to receive. He has been very attentive and continued to provide feedback during the sale process and he managed to achieve an exceptional price for us. Thank you Mark, we will be sure to come back to you when we sell our next cask.
Karken Chung
Karken Chung
16:17 10 Dec 20
First rate service - achieved a good price for one bottle and coordinated a forwarding service to an auction house for the bottles they didn't receive any offers for. Getting the bottles to them was quick and simple. Communication was quick and courteous. Highly recommended
Mike Thompson
Mike Thompson
10:06 03 Dec 20
I am delighted to have engaged with Mark Littler and Hannah Thompson. They have provided a professional and trustworthy service that puts my best interests at the heart of their business. The process of selling my whisky collection has been clear and remarkably easy and efficient.
Diana Doyle
Diana Doyle
14:58 21 Nov 20
Mark was an absolute pleasure to work with. Delighted to have discovered him during an internet search researching how best to sell two casks of 50 year old Scottish whiskey. He is professional, knowledgeable and quickly responded to my endless questions. It was a smooth transaction and am very pleased with the price he was able to secure. Highly recommend!
Neil
Neil
13:35 12 Nov 20
Fantastic service from Mark and the team selling some bottles of whisky on their store. Right from valuation through to sale and payment he kept me informed. And he got a great price for me. Would definitely recommend.
Lesley C
Lesley C
15:30 08 Nov 20
Thanks Mark And Hannah for all your great advice in helping us make the sale! We were thrilled with the results!
bernard green
bernard green
21:55 05 Nov 20
Robin Hodgson
Robin Hodgson
10:04 01 Nov 20
I recently had the pleasure of dealing with Mark and his colleagues. From my first phone call to the completion of my sale the service was exemplary. The sale of my whisky collection was made so easy, and a fast payment was made directly into my bank after the sale was completed.If you are looking to sell your whisky don't waste your time looking anywhere else. I can thoroughly recommend this company.Thank you Mark once again for a fantastic service.
Michael Carpenter
Michael Carpenter
14:17 24 Oct 20
Very pleased with Mark's ease of transaction in disposing of some antique silver cutlery. Have no hesitation in recommending his professional services and advice.
Diane Fyles
Diane Fyles
11:18 19 Oct 20
Selling things for the first time, you are very apprehensive, about how to go about it?? But on the Phone Mark was very reassuring, and although Mark was called away, we saw Hannah, and she really put us at ease, explained everything, and answered all our questions! The sale went through really smoothly, and Mark kept in contact all the way! Will highly recommend them to others!!....... Russ & Di Fyles
David Charman
David Charman
16:42 06 Oct 20
Have several casks of high end whisky, I decided to sell one of my investments. An internet search revealed Mark Littler. Only person to respond to my email. Mark sold my first cask in weeks. New exactly what he was talking about and doing . The price was at the very high end of his valuation. He did all the work, I just signed the sales document. as easy as that. Money transferred into my account, and you are talking thousands too. Much appreciated, will now sell another cask as the time is right.
Robert Chell
Robert Chell
15:27 06 Oct 20
Really excellent service, from the valuation to the completion of a sale. Communication was excellent through out the process. I would highly recommend Mark to anyone.
Samuel Hutchinson
Samuel Hutchinson
15:02 06 Oct 20
Great website, lots of useful information.
Geoff Fuller
Geoff Fuller
22:34 25 Sep 20
Mark brokered the sale of a rare bottle of Irish whiskey on my behalf. He knows the market and had placed the item with a private buyer within days of taking the brief. Very professional service throughout. Would certainly use in the future.
John Maguire
John Maguire
21:42 24 Sep 20
Mark Littler 's services can only be rated as Excellent.From Start to finish even in these most difficult times was outstanding. Sale of my Whisky bottle was completed within 10 days and the money in my Account. First class.John Maguire
Matthew Robson
Matthew Robson
08:43 23 Sep 20
I was looking to sell my whisky collection of 28 bottles of Macallan 18 year old to fund the purchase of my first house, so I got in touch with Mark.My father gave me 1 bottle each year for a birthday present so that by the time that I was 18 I would have 18 bottles of 18 year old Macallan. (Yes I'm that guy who was plastered over the media)Mark did a great job of getting professional photos taken of them and creating a PR buzz around the collection and I even ended up on BBC breakfast news, lad bible, and various radio stations around the world.At one point my story was the second most viewed story on BBC world wide news app for the whole weekend with over 2 million views.Needless to say within a day or two of this PR Campaign there was numerous offers.I would like to thank Mark for all his work and helping me with everything.
Iona Thomson
Iona Thomson
07:14 16 Sep 20
Mark provided us with an excellent service for the sale of a cask of Springbank Whisky. He provides a professional, friendly and responsive service, guiding you every step of the way. My mother was delighted with the result. I recommend his end to end service. Thank-you!
Alan Perkins
Alan Perkins
11:56 26 Aug 20
The experience of dealing with Mark and his staff could not have been better. Communication was clear and the process to sell my whiskey was straightforward. I was happy with the price offered and less than 48 hours after sending the bottle in the post the money was I my current account. I will be dealing with Mark again in the future.
Mike Malkoun
Mike Malkoun
08:18 15 Jul 20
Great experience from the very friendly and knowledgeable Mark who was able to help me buy a cask, and made the process seamless even during the lock down! Five star experience.
Ian Braithwaite
Ian Braithwaite
15:45 03 Jul 20
Mark recently helped to successfully sell my cask of Macallan single malt whisky.From our initial discussion I was impressed with the depth of his knowledge and his professional approach. Mark guided me through each step of the process, providing reasons and insights to ensure I made the correct decisions. His estimate of the value of the cask was spot on.I would have no hesitation in using his professional services again.
fran stokes
fran stokes
10:58 13 Jun 20
Mark is a good professional agent true to his word keeps you connected very efficient, would recommend mark to any body in the future.
Football Freestyler
Football Freestyler
17:26 02 Jun 20
Mark was very helpful to me and my family , he is so knowledgeable about whisky, and with his valued advice I was able to sort out my children’s investment easily with confidence. Thank you so much Mark for all your advice and help, I would strongly recommend Mark to anyone.
Jennifer Telliam
Jennifer Telliam
23:34 15 May 20
Very reliable and professional company who I will use again in the future.
David McDonnell
David McDonnell
07:41 15 May 20
Professional service who are also adapting to the challenging new world we are all living in.
James Ritchie
James Ritchie
10:16 22 Apr 20
Fantastic service from start to finish well informed about my item will not hesitate to use again.
Tom Withycombe
Tom Withycombe
10:37 19 Apr 20
Mark and Hanna were a pleasure to deal with when selling my bottle of Macallan 25 y.o. whisky. Everything was handled smoothly, expertly and with no pressure. The courier facility offered is excellent and the sale concluded very quickly and simply. In these days of increasingly doing business on the Internet this experience was top class and I have no hesitation in using Mark's company for similar future business; Top Class!!
Stuart fox
Stuart fox
23:13 14 Apr 20
Thanks mark for your professional advice on selling my whisky very happy with the outcome.Will definitely use again thanks.Stuart.
Georgina Shreeve
Georgina Shreeve
12:33 14 Apr 20
Brilliant service from start to finish, highly recommend Mark! Thank you so much for making the sale so easy for me and for providing such a personal service. Thanks again, Georgina Russell
Dot Penn
Dot Penn
15:26 30 Mar 20
Be patient for great returns.When I came to sell my 10yr old Hogshead of whisky Mark was able to obtain a final price for me that was more than three times the sell back figure to Bruichladdich.Professional from the start. Once Mark had the re-guage figures all I had to do was sit back and let him do the rest. Very efficient and hassel free.A pleasure to do business with and will definetly be contacting him again when my next barrel matures.Thankyou Mark for doing all the hard work.
Steve Pears
Steve Pears
19:37 26 Mar 20
Just over 10 years ago I visited the Bruichladdich distillery and bought a newly filled fresh bourbon barrel. Having allowed it to mature I needed to decide what to do with it. Bruichladdich made an unattractive offer to buy it back.I became aware of Mark Littler, from a Google search. I contacted him based on the many positive reviews. After talking to him and learning of his experience of selling casks I commissioned him to sell my cask.Dealing with Mark has been a pleasure, he has guided me through the process and I have received over 3 times the offer from Bruichladdich.I have found Mark to be realistic and helpful and I recommend his services.
James Godfrey
James Godfrey
10:36 26 Mar 20
Mark was excellent from start to finish in dealing with our whiskey cask sale. I highly recommend his services and wouldn’t hesitate to use him again. 5 Star!
Genny Bobroff
Genny Bobroff
17:33 18 Mar 20
Thank you so much Mark for your knowledge, help, support and finally arranging the sale of my silver flatware. With your expertise and knowledge of the market, you found a buyer very quickly, keeping me in the loop all the time and the transaction went through very smoothly.From our first conversation to the conclusion of the sale, everything was handled very professionally. You provided all the packaging and return addresses and all I had to do was take the box to the post office. Simple!I could not be more delighted and would not hesitate to come back to you if need be, or to recommend you and the company very highly on every level.
Ron Hilditch
Ron Hilditch
15:10 18 Mar 20
First class in every way! Excellent communications and service. More than happy with the experience.Mark thanks once again.
Jacky Stark
Jacky Stark
16:56 09 Mar 20
Mark sold two casks of whisky for me. He got a very good price for them and kept me informed through the rather slow process (which he had warned me about). Very pleased with the service.
Andrew Makepeace
Andrew Makepeace
17:04 04 Mar 20
Excellent professional service, Mark kept us well informed throughout and even obtained a higher price when it came to the sale. Would have no hesitation in using again or recommending. Thank you
Christine Jones Bateman
Christine Jones Bateman
10:37 04 Mar 20
Very happy with the service that Mark provides. He is very professional and I wouldn't hesitate to recommend him.
Jochmoal Baxter
Jochmoal Baxter
13:08 17 Feb 20
A friendly and honest service
Gary Toyne
Gary Toyne
19:14 13 Feb 20
Excellent professional service. Thanks Mark!
Caroline Hart
Caroline Hart
13:03 03 Feb 20
Mark offers a brilliant, easy and efficient service. I have used this twice now and both occasions have been simple and fast. I wouldn’t hesitate to recommend.