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Pennsylvania to Crack Down on Illegal Internet Cigarette Purchases
Yahoo News ^ | 29 August 2002

Posted on 08/29/2002 12:00:22 PM PDT by SheLion

HARRISBURG, Pa., Aug. 29 /PRNewswire/ -- On behalf of Pa. Gov. Mark Schweiker, Secretary of Revenue Larry P. Williams today announced that the department is cracking down on illegal Internet sales of cigarettes.

"Our main goal in increasing Pennsylvania's tax on cigarettes was to discourage our children from smoking," Secretary Williams said. "If children have access to purchasing tobacco products over the Internet, it defeats the purpose.

"The number of Internet sites selling cigarettes has increased dramatically, and many of those websites are falsely advertising that cigarettes may be purchased tax-free.

In Pennsylvania, smokers who possess more than one carton of cigarettes purchased from outside the state are committing a criminal offense.

"The Internet is a great resource, but some individuals are using it to thwart Pennsylvania tax law. We owe it to our Pennsylvania retailers to stop this illegal practice."

Since the increase in the cigarette tax went into effect on July 15, the department has been working with the Pennsylvania State Police and federal law enforcement officials to curb illegal sales, Secretary Williams said.

Joint investigations by the Department's Office of Criminal Tax Investigations and other law enforcement officials have already netted a number of contraband cigarettes, he added.

If a Pennsylvania resident is found in possession of more than one carton of cigarettes which are not marked with Pennsylvania tax stamps, they are subject to up to 90 days imprisonment and a fine of $300.

Willful evasion of the state's cigarette tax can lead to five years in prison and $15,000 in fines. Transportation of unstamped or out-of-state cigarettes by anyone not properly licensed by the Commonwealth can lead to seizure of the vehicle used to transport the cigarettes.

Secretary Williams also warned consumers that the cigarettes they order on the Internet may not be what they receive. Many of the nationally known brands of cigarettes sold online from foreign sources are actually counterfeit products. In addition, cigarettes purchased online may have been sitting in a warehouse for years.

In contrast, licensed cigarette dealers regularly replace stale products, ensuring the quality of the product sold.

Internet dealers selling cigarettes manufactured solely for export are violating federal laws as well. These cigarettes are stamped "for export only" and are illegal to possess in any quantity in the United States.

Pennsylvania consumers who have purchased cigarettes from an out-of-state source must remit the Cigarette Tax and Use Tax by submitting a Form REV-791 -- Consumer Cigarette Excise Tax Return -- which will be available on the Department's website at www.revenue.state.pa.us within the next two weeks.

Consumers who purchase out-of-state cigarettes are required to pay the $1 per pack cigarette tax, as well as the 6 percent use tax (7 percent in Philadelphia and Allegheny Counties) by the end of the month after they received the cigarettes.

Individuals can report suspected Pennsylvania cigarette tax violations by calling the Cigarette Tax Enforcement Unit at (717) 783-4649.

CONTACT: Kent Wissinger, Deputy Press Secretary of the Pennsylvania Department of Revenue, +1-717-787-6960.


TOPICS: Activism/Chapters; Culture/Society; Government; US: Pennsylvania
KEYWORDS: antismokers; butts; cigarettes; individualliberty; michaeldobbs; niconazis; prohibitionists; pufflist; smokingbans; taxes; tobacco
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To: Gabz
The state has nothing to enforce when it comes to those things because it's not a problem.

Ok! Thanks for clearing that up for me!

81 posted on 08/29/2002 6:47:04 PM PDT by SheLion
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To: ninenot
assuming that they can find more than 1 carton without tax stamps on your premises.

What are they going to do? Go door-to-door?! And doesn't that require a search warrant? All this just to find out-of-state cigarettes? Which are still legal?

82 posted on 08/29/2002 6:49:14 PM PDT by SheLion
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To: SheLion
All this just to find out-of-state cigarettes? Which are still legal?

Out of state cigarettes ar legal - to a point. The general rule of thumb is "for personal use" and it also holds true for alcohol.

I was with someone very in the know about the cig situation in Pennsylvania last night. We were talking about the internet purchasing. First he told me that the PA regulators ignore 2 cartons, as they are considered for personal use. He then, told me about someone he knew who decided to check out some of the internet sites. This other person, also in PA, ordered 5 cartons from one website and received them in a very timely manner, but in 3 seperate packages. 2 cartons, 2 cartons, and 1 carton.

Apparently many of the internet outlets are fully aware of various state laws

83 posted on 08/29/2002 6:56:19 PM PDT by Gabz
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To: Gabz
but in 3 seperate packages. 2 cartons, 2 cartons, and 1 carton.

Ahhhhh pretty smart, eh?

84 posted on 08/29/2002 7:01:44 PM PDT by SheLion
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To: SheLion
"Our main goal in increasing Pennsylvania's tax on cigarettes was to discourage our children from smoking," Secretary Williams said. "If children have access to purchasing tobacco products over the Internet, it defeats the purpose.

What a crock -- how many children have credit cards?

85 posted on 08/29/2002 7:48:04 PM PDT by NYCVirago
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To: SheLion
Is your POSTMAN watching YOU? Is your UPS MAN watching YOU????? Shrills for the state?????

I'm 12 hours late on this post, forgive me. My biggest concern is the new mailman. He knows damn good and well what I'm receiving in the mail. It galls him to the point of obvious uncontrolled, "neck veined" anger induced, brain aneurysm. I live in California, it's only a matter of time before rewards will be offered for illicit cigarette purchasers.

This is going to get good!!

86 posted on 08/30/2002 1:02:04 AM PDT by golder
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To: goldstategop
They can't collect the tax short of imprisoning everyone in Pennslyvania.

This snitch thing will be more popular than testifying against Charlie Manson. As the economic noose tightens, "scapegoats," will be the peoples choice, not 50%+ in taxes, not an army of bureaucrats, working for one form of the government or another, accomplishing nothing. They will say, "not me."

87 posted on 08/30/2002 1:17:57 AM PDT by golder
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To: Wolfie
Commissioner Gavin said he contacted the ATF earlier this year regarding the Jenkins Act, which requires Internet and mail order cigarette retailers to provide information about customers to the tax administrator of each state where their product is sold. The ATF has expressed its willingness to fully cooperate with Connecticut efforts.

There is so much money to be made, your favorite "net" source will move off shore. These, "cigarette brokers" operate electronically. Think of the money, think of the life style. Warm islands come to mind. I believe this little issue, could be a, "fish or cut bait" issue for our engorged, main lining, government. This is going to get good.

88 posted on 08/30/2002 1:35:14 AM PDT by golder
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To: SheLion
The anti's would love nothing better then to turn someone in. Their Patriotic Duty, you know.

I gave that much thought before opening my big mouth. This time I think it'll be worth some of my hide to be more than a lemming in the remote background. These over barring, "I don't want to work" abbesses on the people of the US, 50 million smokers, are going to meet their match. You might say, their Waterloo! As the US economy comes face to face with reality, Socialism will be the rigor mortis ridden glob of undifferentiated fecal matter on the ground.

89 posted on 08/30/2002 2:10:29 AM PDT by golder
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To: Congressman Billybob
First time I have visited your site, it was a pleasure, will have to go more often. :-}
90 posted on 08/30/2002 7:36:48 AM PDT by Great Dane
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To: NYCVirago
What a crock -- how many children have credit cards?

Right! They think we are all dumb sheeple out here. What parent is going to give their teenager their CC to order cigarettes over the NET? And if they do, who's business IS it! This is so nuts. Always "for the kids" you know.

That statement is getting a little old!

91 posted on 08/30/2002 8:49:09 AM PDT by SheLion
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To: golder
I'm 12 hours late on this post, forgive me. My biggest concern is the new mailman. He knows damn good and well what I'm receiving in the mail. It galls him to the point of obvious uncontrolled, "neck veined" anger induced, brain aneurysm. I live in California, it's only a matter of time before rewards will be offered for illicit cigarette purchasers.

You know and I know that most non-smokers could care less. But you know and I know how NASTY the ANTI-smokers can be. They are just livid that we even THINK of continuing our nasty habit! heh!

It would tickle the anti-smokers to no end to turn in some fellow American who they found out is buying cigarettes over the Net. There is not much they wouldn't do to further punish us for even being alive.

92 posted on 08/30/2002 8:51:52 AM PDT by SheLion
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To: Great Dane
To stop that, all levels of governments need to cut taxes back to a reasonable level.

Agreed! And how about cutting back on the "level of governments" too, while we're at it...

93 posted on 08/30/2002 12:13:26 PM PDT by LurkedLongEnough
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To: SheLion
In Pennsylvania, smokers who possess more than one carton of cigarettes purchased from outside the state are committing a criminal offense.

Jeeeees, what's next, border patrols? Guess us Pittsburghers are gonna have to register with the State when we book our trips to Nags Head, North Carolina, so they can check our cars and make sure we don't smuggle cigarettes.

94 posted on 08/30/2002 5:52:47 PM PDT by 3catsanadog
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To: 3catsanadog
Jeeeees, what's next, border patrols? Guess us Pittsburghers are gonna have to register with the State when we book our trips to Nags Head, North Carolina, so they can check our cars and make sure we don't smuggle cigarettes.

Yep! This is awful. I think they are just blowing smoke, myself! What are they going to do? Go door-to-door? Not many of the Internet sales are going to give them a customer list.......

95 posted on 08/30/2002 6:03:49 PM PDT by SheLion
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To: goldstategop
They can't collect the tax short of imprisoning everyone in Pennslyvania. The state would lose more in court costs and prosecutions than it would gain in revenue. People are going to shrug and go on purchasing cigarette cartons whether over the Internet or out of state.

That's very true. Actually PA already has a law that if you purchase anything taxable out of state (like shopping at the outlets in Deleware) you are required to fill out a form reporting yourself to the state and paying the taxes that you would have paid in-state... That is also broadly ignored. However, it is still a "tool" the state can use if they really want to get you for something.

96 posted on 09/01/2002 6:20:28 AM PDT by Kay Ludlow
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