Is it legal to purchase cigarettes over the Internet?
This is a discussion on Is it legal to purchase cigarettes over the Internet? within the Tax Issues forum, part of the Other Business & Finance Law Issues category; Is it legal to purchase cigarettes over the internet?...
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#1 |
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Junior Member
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Is it legal to purchase cigarettes over the internet?
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#2 |
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Moderator
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Join Date: Nov 2006
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Q: Is it legal to purchase cigarettes over the Internet?
A: Some states have enacted laws that restrict the sale and shipment of cigarettes over the Internet to consumers in that state. For example, it is illegal for Internet vendors to ship cigarettes or cause cigarettes to be shipped to consumers in New York State. Moreover, a number of states have enacted age-verification laws to ensure that minors do not purchase cigarettes illegally over the Internet. Depending on where you live, it may be illegal for a delivery service to simply leave a package of cigarettes in your mailbox when you're not at home. In addition, under federal law, it is illegal for Internet vendors or consumers to cause PM USA-branded cigarettes to be imported into the United States. Cigarettes that are imported illegally into the United States are subject to seizure and destruction, without compensation to the purchaser. Source: Philip Morris USA - Frequently Asked Questions Q: Is it legal to buy cigarettes over the Internet? A: Cigarettes bought over the Internet, over the phone, or from mail-order catalogs generally dont have Idaho tax stamps on the bottom of the packages and are considered unstamped. The penalty for having, buying, or using more than 10 packs of unstamped cigarettes is three times the cigarette tax due for each full or partial pack. The minimum penalty is $50. When you buy cigarettes over the Internet, over the phone, or from mail-order catalogs, you're generally not charged Idaho sales tax. In that case, you owe Idaho use tax. Use tax is a tax on the purchase of goods that you put to use or store in Idaho. To pay the use tax, fill out Form 850-U. Source: Idaho State Tax Commission - Answers to Frequently Asked Questions US: New York State and New York City : Cigarette Tax Enforcement The sale of cigarettes within New York State and New York City is regulated by federal, state, and local law and enforced by the New York City Department of Finance and the New York State Department of Taxation and Finance. Finance is engaged in an active campaign against those who try to evade the cigarette tax. This includes an advertising campaign to educate the public, an ongoing effort to bill and collect from those who have purchased untaxed cigarettes, and legal action against those who engage in cigarette tax evasion and fraud. We are also placing sellers, advertisers, shippers, and purchasers on notice and informing them of their legal obligations and responsibilities concerning New York City and State laws. Read more: Cigarette Tax Enforcement UK: Buying tobacco over the Internet FAQ: HM Revenue & Customs
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I'm not a lawyer. The information I gave is based on certain research. Please review the information yourself to make an informed decision. Also, the information I posted may no longer be accurate. |
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#5 |
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Guest
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The answer is NO. If you are buying cigarettes and certain other tobacco items online both you and the seller are in violation with some law or tax code...period.
I hate taxes, especially "sin" taxes...but the facts are the facts. The ATF, IRS, TTB, FDA, State's Attorney Generals and States Revenue Departments are ALL actively engaged in cracking down on even the smallest offenders. Why? Because the lost tax revenue is HUGE...10 years ago when the Federal tax on a pack of cigarettes was around 3 bucks the feds didn't really put much enforcment effort into it, but the states were beginning to develop new ways to enforce their codes. But today...the Federal tax is 10 bucks a carton and some states have taxes over 20 bucks per carton on top of the Fed tax...so that's 30 bucks plus per carton. What I've been seeing is for people who buy small amounts of tobacco online for personal consumption...those folks get a nasty little letter in the mail someday saying they own blah blah for back taxes. I've seen those bills go as high as a couple thousand dollars. Since not paying the tax constitutes fraud there is no statute of limitation and the 3 year rule doesn't apply. Now, for those people that buy their own tobacco products plus order for Mom and Uncle Joe. Those people are engaged in a criminal conspiracy. When they catch you (and they will catch you) you're going to jail because you're bond will ensure they collect the back taxes you owe. |
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#6 |
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I have just received a tax bill for purchasing cigarettes online, 2 years ago, from a co. in Kentucky that the ATF raided for failing to pay taxes to Maryland. This co. has been put out of business by the ATF and the state of Maryland is now requiring us and others we know to pay the taxes. Is this legal? I thought there was a Supreme Ct. law passed that states "unless there is a nexus between the states, no sales taxes are due to that state". Why do I have to pay that company's taxes. I bought them online to avoid the cost not the taxes to the state. Doesnt the state have to identify the law, publicly for the consumer before charging them with the law?
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#7 |
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Guest
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Hi i see all these online stores that sells cigarettes, I have had marlboros from Canada and they are awful! is there a country that has marlboros that tastes the same as the marlboros in the u.s. and what site can i buy them on without any trouble
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#8 |
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Banned User
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I am buying Marlboro cigarettes from MyCigaretteShop.net, as long as they keep my data safe and don't declare to anyone anything about my purchases than I know I won't have any problems.
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