§ 44-20-12.5. Floor stock tax on cigarettes and stamps.
(a) Whenever used in this section, unless the context requires otherwise:
(1) "Cigaretteâ€� means any cigarette as defined in § 44-20-1(2);
(2) "Person� means each individual, firm, fiduciary, partnership, corporation, trust,
or association, however formed.
(b) 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 2015. In calendar year 2015, 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, 2015, and is computed at the rate of twelve and one half (12.5) mills
for each cigarette on August 1, 2015.
(c) 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 2015. 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 2015 the tax is measured by the number of stamps, as defined in
§ 44-20-1(16), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on August
1, 2015, and is computed at the rate of twelve and one half (12.5) mills per cigarette
in the package to which the stamps are affixed or to be affixed.
(d) Each person subject to the payment of the tax imposed by this section shall, on or
before August 15, 2015, 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 under subsection (b) above the number of stamps under subsection
(c) above, in that person's possession in this state at 12:01 a.m. on August 1, 2015,
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.
(e) 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.
Notes
Compiler's Notes.
In 2025, the reference to "44-20-1(13)â€� in subsection (c) of this section was changed to "§ 44-20-1(16)â€� to reflect the renumbering of the definitions in § 44-20-1 by P.L. 2024, ch. 117, art. 6, § 16, effective January 1, 2025.