(1)Reporting
by stamping agents. Not later than twenty days after the end of each month, each
stamping agent shall submit to the department such information as the department
requires to facilitate compliance with this part 3, including, but not limited to, a list
by brand family of the total number of cigarettes, or in the case of roll-your-own,
the equivalent stick count for which the stamping agent affixed stamps during the
previous calendar month or otherwise paid the tax due for such cigarettes. The
stamping agent shall maintain and make available to the department all invoices
and documentation of sales of all nonparticipating manufacturer cigarettes and any
other information relied upon in reporting to the department for a period of five
years.
(2)Disclosure of informat
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(1) Reporting
by stamping agents. Not later than twenty days after the end of each month, each
stamping agent shall submit to the department such information as the department
requires to facilitate compliance with this part 3, including, but not limited to, a list
by brand family of the total number of cigarettes, or in the case of roll-your-own,
the equivalent stick count for which the stamping agent affixed stamps during the
previous calendar month or otherwise paid the tax due for such cigarettes. The
stamping agent shall maintain and make available to the department all invoices
and documentation of sales of all nonparticipating manufacturer cigarettes and any
other information relied upon in reporting to the department for a period of five
years.
(2) Disclosure of information. The department is authorized to disclose to
the attorney general any information received under this part 3 and requested by
the attorney general for purposes of determining compliance with and enforcing
the provisions of this part 3. The department and the attorney general shall share
with each other the information received under this part 3 and may share the
information with other federal, state, or local agencies only for purposes of
enforcement of this part 3, the tobacco escrow funds act, or corresponding laws of
other states.
(3) Verification of qualified escrow fund. The attorney general may require
at any time from a nonparticipating manufacturer, proof from the financial
institution in which the manufacturer has established a qualified escrow fund for
the purpose of compliance with the tobacco escrow funds act of the amount of
money in the fund, exclusive of interest, being held on behalf of the state, the dates
of deposits, and the dates and amounts of all withdrawals from such fund.
(4) Requests for additional information. In addition to the information
required to be submitted pursuant to regulation number 39-28-202 (3) and (4) or
any successor rule of the department (1 CCR 201-7), the department or the attorney
general may require a stamping agent, distributor, or tobacco product
manufacturer to submit any additional information, including, but not limited to,
samples of the packaging or labeling of each brand family, as is necessary to
enable the department or the attorney general to determine whether a tobacco
product manufacturer is in compliance with this part 3.
(5) Quarterly escrow installments. To promote compliance with the
provisions of this part 3, the department may promulgate rules requiring a tobacco
product manufacturer subject to the requirements of section 39-28-303 (1)(c) to
make the escrow deposits required in quarterly installments during the year in
which the sales covered by such deposits are made. The department may require
production of information sufficient to enable the department to determine the
adequacy of the amount of the installment deposit.