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Web Tobacco Buyers Get
Taxed Over
the past five years, JJ Demshock, a New Jersey resident who appreciates a
good cigar, frequently patronized online tobacco sites in search of new
smokes. cheap
cigarettes discount And
for most of those years, tax collectors in his home state paid him no
heed. online
cigarettes That's
why Demshock was caught off guard two weeks cigarettes ago,
when he received a letter from the New Jersey Division of Taxation
demanding payment for taxes due on cigars he bought online in late 2001.
The state said Demshock was liable for a 48 percent tobacco tax, plus an
additional 6 percent sales tax. cigarettes
online "It
came as quite a surprise to me," said Demshock, who was not aware that the
Michigan-based website that sold him the cigars was passing on information
to New Jersey tax collectors. He says he no longer plans to Cigarettes
Store patronize the site. But
while Demshock might not have cheap
cigarettes discount known about the tobacco sales data
changing hands, state tax collectors say such information exchanges have
been in effect for decades. The practice dates back to the Jenkins Act, a
federal law passed in 1949 that requires anyone who sells cigarettes
across a state line to an individual or unlicensed discount
cigarettes distributor to report the transaction to
the state's tobacco tax administrator. buy
cigarettes Nowadays,
as more smokers head online to avoid hefty state levies on tobacco sales,
tax collectors are getting aggressive about seeking payments
from cigarettes
online Web sales. But so far, officials say tobacco
websites are providing limited cooperation. "In
all honesty, there's very little compliance with this statute," said Matt
Golden, spokesman for the New Jersey of Taxation. "But some out-of state
sellers do provide us with that information and we follow up by billing
the purchasers." In
the past several years, Golden said the state has sent between 300 and
1,500 letters annually seeking tax payments for out-of-state tobacco
purchases. According
to a report published in August by the General cheap
cigarettes discount Accounting Office, state tax
collectors in Rhode Island and Massachusetts have also contacted residents
seeking tax payments for cigarettes bought over the Internet.
But
because most online cigarette vendors don't comply cheap
cigarettes with the Jenkins Act, the GAO says states are
losing out on millions in potential tax revenue. Officials in one state,
California, estimated a tax loss of approximately $13 million from May
1999 through September 2001 because of online
cigarettes Internet cigarette vendors not complying with
the act, the report said. The
state of New York went so far as banning Internet cigarette sales in 2000.
A federal appeals court upheld the ban last week, following a challenge
from cigarette manufacturers. But because the state has the highest
tobacco excise taxes in the nation, many residents continue to buy
cigarettes online. dute
free cigarettes "Everyone's
business exploded when the new tax went in," said the owner of one
American Indian-run tobacco site, who said she does not report sales
information to state governments. With 17 states recently passing tobacco
tax increases, along with New York City, smokers are beginning to feel
victimized. "They
feel that because they smoke they're being targeted with the tax increase,
so they won't give anything to the states or the city," she said.
As
for Demshock, he's not objecting to the state's request for some tax
payment on his online cigar purchase. However, he believes the amount the
state is requesting -– which exceeds 50 percent of his purchase price -–
is excessive. marlboro
cigarettes Although
he sent a check to cover the taxes, the New Jersey financial analyst has
requested that state refund part of the money. He believes the 48 percent
tax was meant to apply to wholesale tobacco sales, not retail purchases
cheap
cigarettes discount. Golden
disputes this interpretation, saying the state tax should be based on the
retail price, not the wholesale price. buy
cigarettes marlboro
cigarettes Either way, Demshock says that dealing with the tax mess has made his main motive for shopping online -- the convenience -- somewhat less compelling. |
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