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44-20-12.6. Floor stock tax on cigarettes and stamps


(a) Each person engaging in the business of selling cigarettes at retail in this state shall pay a tax or excise to the state for the privilege of engaging in that business during any part of the calendar year 2017.  In calendar year 2017, the tax shall be measured by the number of cigarettes held by the person in this state at 12:01 a.m. on August 1, 2017, and is computed at the rate of twenty-five (25.0) mills for each cigarette on August 1, 2017.
(b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a tax or excise to the state for the privilege of engaging in that business during any part of the calendar year 2017.  The tax is measured by the number of stamps, whether affixed or to be affixed to packages of cigarettes, as required by § 44-20-28 .  In calendar year 2017 the tax is measured by the number of stamps, whether affixed or to be affixed, held by the distributor at 12:01 a.m. on August 1, 2017, and is computed at the rate of twenty-five (25.0) mills per cigarette in the package to which the stamps are affixed or to be affixed.
(c) Each person subject to the payment of the tax imposed by this section shall, on or before August 15, 2017, file a return, under oath or certified under the penalties of perjury, with the tax administrator on forms furnished by him or her, showing the amount of cigarettes and the number of stamps in that person's possession in this state at 12:01 a.m. on August 1, 2017, as described in this section above, and the amount of tax due, and shall at the time of filing the return pay the tax to the tax administrator.  Failure to obtain forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.
(d) The tax administrator may prescribe rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.

Commonly Asked Questions

Are there any specific forms required for filing the cigarette tax return?

Yes, there are specific forms furnished by the tax administrator that must be used to file the cigarette tax return. It is the responsibility of the person subject to the tax to obtain these forms and file the return with the required information. Failure to obtain the forms is not an acceptable excuse for failing to file the return.

Can the tax administrator issue regulations regarding the cigarette tax?

The tax administrator has the authority to prescribe rules and regulations concerning the assessment and collection of the cigarette tax. These regulations must be consistent with the law and are designed to facilitate the proper administration of the tax.

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