Rhode Island General Laws 44-20-12.3. Floor stock tax on cigarettes and stamps
(a) Whenever used in this section, unless the context requires otherwise:
(1) “Cigarette” means and includes any cigarette as defined in § 44-20-1(2);
(2) “Person” means and includes each individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.
Terms Used In Rhode Island General Laws 44-20-12.3
- Administrator: means the tax administrator;
(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form, and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow cylinder or cone, made with paper or any other material, with or without a filter suitable for use in making cigarettes;
(3) "Dealer" means any person whether located within or outside of this state, who sells or distributes cigarettes and/or other tobacco products to a consumer in this state;
(4) "Distributor" means any person:
(A) Whether located within or outside of this state, other than a dealer, who sells or distributes cigarettes and/or other tobacco products within or into this state. See Rhode Island General Laws 44-20-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Licensed: when used with reference to a manufacturer, importer, distributor or dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for the type of business being engaged in. See Rhode Island General Laws 44-20-1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any individual, including an employee or agent, firm, fiduciary, partnership, corporation, trust, or association, however formed;
(10) "Pipe" means an apparatus made of any material used to burn or vaporize products so that the smoke or vapors can be inhaled or ingested by the user;
(11) "Place of business" means any location where cigarettes and/or other tobacco products are sold, stored, or kept, including, but not limited to; any storage room, attic, basement, garage or other facility immediately adjacent to the location. See Rhode Island General Laws 44-20-1
(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 2009. In calendar year 2009, the tax shall be measured by the number of cigarettes held by the person in this state at 12:01 a.m. on April 10, 2009 and is computed at the rate of fifty (50.0) mills for each cigarette on April 10, 2009.
(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 business during any part of the calendar year 2009. 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 2009 the tax is measured by the number of stamps, as defined in § 44-20-1(13), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on April 10, 2009, and is computed at the rate of fifty (50.0) 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 April 20, 2009, file a return with the tax administrator on forms furnished by him or her, under oath or certified under the penalties of perjury, showing the amount of cigarettes or stamps in that person’s possession in this state at 12:01 a.m. on April 10, 2009, 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 promulgate rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.
History of Section.
P.L. 2009, ch. 5, art. 9, § 7.