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Cigarette tax for out of state purchases? — world law direct forums
Jul 11th, 2012, 05 24 PM #1 jdiaz Junior Member Country
Join Date Jul 2012 Posts 4
Cigarette tax for out of state purchases?
I am a NJ resident. I used to purchase cigarettes online from an out of state (NY) Indian reservation in 2009 (prior to the passing of the PACT Act, in March, 2010).
I received a letter from NJ Dept of Taxation that I currently owe them $885.31. (690.55 for tax, 34.53 in penalties and 160.23 in interest). Whenever I purchase anything from out of state online, it is not subject to NJ state tax. What can I do to dispute this? Sponsored Links Our attorneys have years of experience with positive results in the debt reduction / debt relief field. Click here for more information. Jul 11th, 2012, 05 37 PM #2 sandyclaus Moderator Country
Join Date Jun 2009 Location The North Pole, silly ) Posts 6,359
Re Cigarette tax for out of state purchases?
Quote Originally Posted by jdiaz I am a NJ resident. I used to purchase cigarettes online from an out of state (NY) Indian reservation in 2009 (prior to the passing of the PACT Act, in March, 2010).
I received a letter from NJ Dept of Taxation that I currently owe them $885.31. (690.55 for tax, 34.53 in penalties and 160.23 in interest). Whenever I purchase anything from out of state online, it is not subject to NJ state tax. What can I do to dispute this? Sorry to say, but cigarettes do not fall into the non taxable category.
There is a reason why it is illegal to purchase cigarettes from out of state. The reason is that state taxes on cigarettes are MANDATORY. Simply purchasing from an online retailer from out of state is NOT an appropriate method to avoid having to pay those taxes. The online retailers are required to collect the state sales tax on those out of state purchases, and when they don’t, then the state can AND DOES charge those unpaid taxes right back to the purchasers (like they did in YOUR case).
It doesn’t pay to try to break the law by buying your cigarettes online from retailers who don’t collect those taxes anymore.
Per the law
The NJ Wholesale Tobacco Products Sales and Use Tax
Act imposes a
• $0.75 per ounce tax on the net weight of moist
tobacco such as, but not limited to
Snuff
Chewing tobacco («dips,» «pouches,» etc.)
AND
• 30% tax upon the wholesale price of all other
tobacco such as, but not limited to
Cigars
Pipe tobacco
These tobacco products, which exclude cigarettes,
are each taxed at the wholesale price from the
supplier to a retailer. The supplier (distributor,
wholesaler, etc.) shall include this tax in the sale of
tobacco to each of their customers. The retailer or
consumer will be given an invoice, receipt or other
memorandum stating that the tax has been paid or
will be paid by the supplier.
If the supplier has not paid the Tobacco Products
Wholesale Tax, then the compensating use tax shall
be payable by the retail dealer or consumer directly
to the Division of Taxation within twenty (20) days
of the date the tax was required to be paid. With
the exception of cigarettes, tobacco products do not
bear a NJ tax stamp to prove the tax has been paid.
Compliance is accomplished by the examination of
purchase and sales invoices along with the registration
of those in the industry.
Evasion of the WTPS&U Tax Act carries criminal
penalties similar to violations of the Cigarette Tax
Act.
Undocumented importation from other states is the
most common form of evasion. OCI along with other
units of the Division of Taxation are enforcing the
provisions of this act both by criminal prosecution
and audits of tobacco product retailers, wholesalers
and suppliers.
«If it ain’t in writing, it never happened.»
«A lack of planning on your part does not constitute an emergency on my part.»
«You can never make the same mistake twice, because the second time you make it, it’s not a mistake, but a CHOICE.»
0 out of 1 members found this post helpful. Did you find this post helpful? Yes No Jul 11th, 2012, 05 39 PM #3 jdiaz Junior Member Country
Join Date Jul 2012 Posts 4
Re Cigarette tax for out of state purchases?
the point was to try to save money, not to «try to break the law» that was really an unnecessary comment
Did you find this post helpful? Yes No Jul 11th, 2012, 05 39 PM #4 AFFA Top Level Member
Join Date Dec 2009 Posts 15,382
Re Cigarette tax for out of state purchases?
I wish to inform you that under the provisions of the Jenkins Act, a federal law passed in 1949 it is required that anyone who sells cigarettes across a state line to an individual or unlicensed distributor to report the transaction to the state’s tobacco tax administrator. Accordingly, all online sales to you were reported to the New Jersey Division of Taxation which is now demanding payment for taxes due on cigars bought by you online. You are liable for a 48 percent tobacco tax, plus an additional 6 percent sales tax.
AFF
1 out of 1 members found this post helpful. Did you find this post helpful? Yes No Jul 11th, 2012, 05 50 PM #5 sandyclaus Moderator Country
Join Date Jun 2009 Location The North Pole, silly ) Posts 6,359
Re Cigarette tax for out of state purchases?
Quote Originally Posted by jdiaz the point was to try to save money, not to «try to break the law» that was really an unnecessary comment So… you knew that you would have to pay taxes if you bought the cigarettes in your home state. Evading payment of required taxes is breaking the law. You did it in the name of saving money, but you KNEW or reasonably SHOULD HAVE KNOWN, that by doing so you would be breaking the law. Your argument that you were just trying to save money is therefore INVALID.
If it’s getting too expensive to buy your cigarettes, evading the tax liability is NOT the solution. Try quitting and save all your money instead. Smarter and healthier in the long run.
«If it ain’t in writing, it never happened.»
«A lack of planning on your part does not constitute an emergency on my part.»
«You can never make the same mistake twice, because the second time you make it, it’s not a mistake, but a CHOICE.»
0 out of 1 members found this post helpful. Did you find this post helpful? Yes No Jul 11th, 2012, 05 54 PM #6 jdiaz Junior Member Country
Join Date Jul 2012 Posts 4
Re Cigarette tax for out of state purchases?
It’s not an argument it’s intent that I’m explaining. My point is that the question could have easily been answered professionally without your judgmental self righteous tone … oh wait, you’re not a professional. Never mind.
0 out of 1 members found this post helpful. Did you find this post helpful? Yes No Jul 27th, 2012, 04 18 PM #7 Bryants Veteran Member Country
Join Date Jul 2012 Posts 100
Re Cigarette tax for out of state purchases?
Cigarettes on Indian reservations are typically tax free. What the OP may not have realized, and I didn’t know this either, is that apparently that tax free status doesn’t apply when you buy cigarettes from a reservation that is not in the state you live in.
Did you find this post helpful? Yes No Dec 13th, 2012, 04 23 PM #8 Unregistered Guest
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I am appalled at the self righteous bs. I was truly unaware that I was breaking the law. I received a bill today for 5600$? I’m truly devastated by this. I am disabled with no income. How am I supposed to repay this. I plan on appealing this.
Anyone go for appeal?
Did you find this post helpful? Yes No Dec 13th, 2012, 04 29 PM #9 Unregistered Guest
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You apparently don’t understand addiction. I had no idea I was breaking the law. Why didnt the state advise everyone years ago. It’s just unfair that they can go back to 2007. I stopped ordering online in 2009 buying in stores because I wanted them right away. Wtf
Did you find this post helpful? Yes No Dec 14th, 2012, 11 46 PM #10 Leon Guest
Posts n/a
Re Cigarette tax for out of state purchases?
It is more then $32 per carton I purchased for my son and me.
Average price I paid to CD2U is $30.
So, total price I should pay is more than $62 per carton.
I do not think it is should take at least 50% of these penalties.
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