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S6839Senate2011-2012 Session

Relates to the tax on certain tobacco products

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Recommitted to rules
  2. Ordered to third reading cal.1227
  3. Committee discharged and committed to rules
  4. Referred to investigations and government operations

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6839

Title of bill

An act to amend the tax law, in relation to the tax on certain tobacco products; and providing for the repeal of certain provisions of such law relating thereto

Purpose

This bill caps the state imposed tax on cigars at 75% of the wholesale price or $1.00 per cigar, whichever is less.

To remain competitive, and to provide the state with a stream of revenue it can depend upon, it is only logical to impose a reasonable tax cap on cigars, allowing the state to continue collecting revenue and establish ourselves as more competitive to surrounding states in the cigar market.

Summary of provisions

Amends sections 471-b and 421-c of the tax law to cap the tax on cigars at 75% of the wholesale price or $1.00 per cigar, whichever is less.

Existing law

Existing law provides for a 75% of wholesale price tax on cigars, with no maximum as to the dollar amount.

Statement of support

New York companies that manufacture, distribute and sell cigars are an important part of the State's economy, providing well-paying jobs, and paying significant amounts in taxes to the State and local governments.

In June of 2010, the State increased the excise tax rate on cigars by 63%. This increase was on top of a 2009 increase. Together, these new taxes have had a negative impact on businesses and workers in New York State.

Currently, some New York consumers are avoiding the high tax by purchasing the cigars over the Internet, or from non-taxed sources such as Native American smoke shops. Some consumers can also go to neighboring states with lower tax rates including Pennsylvania (which does not tax cigars) , Connecticut (which levies a 27.5% tax), New Jersey or Massachusetts (both which levy a 30% tax).

The current tax rate is 75% of the cigar's wholesale price. As such, the tax on a 25-cent cigar is equal to just under 19 cents, while the tax on a handmade cigar could be as high as $11.25 for just one cigar.

By capping the wholesale sale price on cigars at 75% or $1 dollar per cigar, whichever is less, we can save jobs in New York and prevent people from crossing borders, using the Internet and purchasing from non-taxed sources such as Native American smoke shops.

Fiscal implications

None.

Effective date

This act shall take effect on the first day of the month next commencing at least 90 days after this act shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.