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Warning: NJ residents being charged back-taxes on Internet Purchases.

This is a discussion on Warning: NJ residents being charged back-taxes on Internet Purchases. within the Tobacco Legislation forums, part of the The Cigar Lounges at Puff category; Originally Posted by montecristo#2 Ahh, that makes sense. I believe in CA they pay the tobacco tax up front, so ...

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Old 12-19-2008, 12:24 PM   #61
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

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Originally Posted by montecristo#2 View Post
Ahh, that makes sense.

I believe in CA they pay the tobacco tax up front, so if they sell out of state, they need to submit paperwork to get reimbursed. That paperwork probably has a name and address. So if CA wanted to send that information to the buyer's state they could.

I guess my next question, as a Buyer, should I know this information before I make a purchase?
I don't think it's fair to assume that the retailers know every state's laws. Residents should be familiar to the rules of their own state.

Pertinent laws in Georgia are:

O.C.G.A. § 48-11-2 (e) - ...Whenever cigars, cigarettes, or loose or smokeless tobacco is shipped from outside the state to anyone other than a distributor, the person receiving the cigars, cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner.

O.C.G.A. § 48-11-13 - (a) There is imposed a tax on every person for the privilege of using, consuming, or storing cigars, cigarettes, and loose or smokeless tobacco in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, cigarettes, and loose or smokeless tobacco used, consumed, or stored as set forth in Code Section 48-11-2.

(b) This Code section shall not apply to:
... (5) Cigars in an amount not exceeding 20 cigars which have been brought into the state on the person

O.C.G.A. § 48-11-14 - (a) Before any person acquires cigars, cigarettes, or loose or smokeless tobacco subject to the tax imposed by Code Section 48-11-13, such person shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars, cigarettes, or loose or smokeless tobacco was acquired and shall be accompanied by the amount of tax due.

(b) If any person subject to the tax imposed by Code Section 48-11-13 fails to make the required report or makes an incorrect report, the commissioner shall assess the correct amount of tax due from that person from the best information available to him. A copy of the assessment shall be furnished the person by registered or certified mail or statutory overnight delivery, return receipt requested, or by personal service. Any person aggrieved by any assessment pursuant to this Code section may request a hearing in the manner provided in subsection (a) of Code Section 48-11-18.

(c) Every person subject to the tax imposed by Code Section 48-11-13 who fails to register with the commissioner as a responsible taxpayer, who fails to make a report within the time specified, or who fails to remit the tax within the time specified may be required to pay a penalty of not less than $25.00 nor more than $250.00 in addition to the tax and any other penalties imposed by law and found due by the commissioner. The commissioner may proceed to collect the tax and penalty in the manner provided in subsection (c) of Code Section 48-11-24.
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Old 12-19-2008, 05:01 PM   #62
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

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Originally Posted by montecristo#2 View Post
Ahh, that makes sense.

I believe in CA they pay the tobacco tax up front, so if they sell out of state, they need to submit paperwork to get reimbursed. That paperwork probably has a name and address. So if CA wanted to send that information to the buyer's state they could.

I guess my next question, as a Buyer, should I know this information before I make a purchase?
That's a good suggestion, as a community we can track this kind of info
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Old 12-20-2008, 09:53 AM   #63
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

Ah, New Jersey. A couple of years ago, my brother, who lives in north jersey, got a bill from the tax collector for $4,000 for cigarettes he bought online...I just moved back here to south jersey from RI, so I guess I will have to watch my mail for presents from the tax collector.
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Old 12-20-2008, 10:29 PM   #64
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

Welcome back to Jersey, brother!!!
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Old 12-23-2008, 03:00 AM   #65
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

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Originally Posted by Only Fuentes View Post
And before you start question MY motives know this: I spend more than $20k a year on smokes so I know more than a little than most about retailers and their motives.
Does spending 20K+ a year on cigars make one more entitled to having an opinion than those who do not spend 20K?
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Old 12-23-2008, 09:51 AM   #66
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

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And before you start question MY motives know this: I spend more than $20k a year on smokes so I know more than a little than most about retailers and their motives.


I guess since I spent more than $5000 last year on car maintenance, I know more about automobile mechanics than you and the rest of the world.
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Old 12-23-2008, 10:56 AM   #67
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Re: Warning: NJ residents being charged back-taxes on Internet Purchases.

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Originally Posted by icehog3 View Post
Does spending 20K+ a year on cigars make one more entitled to having an opinion than those who do not spend 20K?
Quote:
Originally Posted by pnoon View Post


I guess since I spent more than $5000 last year on car maintenance, I know more about automobile mechanics than you and the rest of the world.
If I were to have spent $5,000 on rectal exams, what would that make me?

My guess would be a "Wide Receiver".
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