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Officials Fume At Online Sale of Cigarettes
New York Sun ^ | 9/17/02 | MATTHEW SWEENEY

Posted on 09/16/2002 10:09:22 PM PDT by kattracks

Tax Hike Drives Buyers To Go Out-of-State

- New York’s $1.50 per pack cigarette tax has triggered a booming business in online tobacco sales — and that has some city officials fuming.

“We’ll have to tighten the laws,” said the city Department of Finance Commissioner Martha Stark. “The ATF [Bureau of Alcohol, Tobacco and Firearms] can do a lot more. The Department of Justice can do a lot more. It might be that we need some legislative changes.”

Cigarette sales are down by one-third from August of last year, but it’s impossible to tell how many people quit smoking — and how many are sprinting through a legal loophole that shortcuts local taxes.

One of an increasing number of uncounted smokers, Chris McMurtrey, 31, a copywriter at a Manhattan ad agency, went online.

He pays Manhattan cigarette prices only in between deliveries of cartons from a virtual store located on the Seneca Indian reservation upstate.

“I was fine with paying $5.50, that’s okay,” he said. “It’s about the same price everywhere else. But it went up two or three bucks overnight. Forget that.”

So once a month a box arrives at his apartment building with a few cartons of his favorite brand inside, the doorman signs for them. They cost $32 each, compared with the city price of $140. If he buys five cartons, the shipping is free. “It’s technically not illegal, that’s my understanding,” Mr. McMurtrey said.

Technically, the law’s not clear.

Online tobacco shopping was big business before the July 2 city tax that put prices over $7 per pack. A study conducted by the University of North Carolina found that by January 2002 there were at least 195 Internet cigarette retailers, more than double the number a year earlier.

And in December 2001, industry experts predicted that within a year, one-fifth of the U.S. $40 billion in cigarette sales would be made on-line. But once the July tax hit, the dam broke.

“Volume went w-a-a-a-y up, no question about it,” Scott Herring, owner of nccigarettes.com told the Associated Press. A little more than half of his customers live in New York and New Jersey, which added its own $1.50 tax this year. Herring’s sales leapt from $15,000 to $25,000 a month he told the AP.

But there is no means of tracking Internet tobacco sales. Which means there is no way of determining how much tax revenue is being lost.

“Nobody really knows how much is sold online in New York,” said Sam Miller, a department of finance spokesman.

Not that the city has been hurt financially by Internet sales. According to Mr. Miller, the city took in $16 million in tax revenue from cigarette sales in August 2002, compared with just $2.4 million in August 2001.

At the same time the number of packs sold has dropped by about one-third.

Still, Ms. Stark knows retailers are doing an end-run around the law. Federal law requires retailers to furnish customer information to their home states so taxes can be levied, but the laws are tough to enforce.

With cigarettes there is an exemption that allows the purchase of two cartons, untaxed, such as at a duty free store. But the law has no wording for Internet sales. Ms. Stark said they have to report all sales.

It will take another six months or more to determine how much revenue is being lost to on line sales and whether it is more than a short-term trend.

Add to the legal confusion the more than 100 Internet cigarette stores based on Indian reservations – most in New York State – that claim exemption from taxes as sovereign nations.

“If they are selling to non-tribal members they are supposed to provide us with a list,” Ms. Stark said. “There’s no question.”





TOPICS: Culture/Society; News/Current Events
KEYWORDS: pufflist

1 posted on 09/16/2002 10:09:22 PM PDT by kattracks
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To: SheLion
ping
2 posted on 09/16/2002 10:09:51 PM PDT by kattracks
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To: kattracks
“The ATF [Bureau of Alcohol, Tobacco and Firearms] can do a lot more.

So can Reno, but killing children is not popular.

3 posted on 09/16/2002 10:14:13 PM PDT by PRND21
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To: kattracks
Posting articles
in one long column
makes them really
annoying to read.
Not your fault -
bad tables in the
HTML source - but
it's really making
me nuts ;)

-------

Tax Hike Drives Buyers To Go Out-of-State

- New York’s $1.50 per pack cigarette tax has triggered a booming business in online tobacco sales — and that has some city officials fuming.

“We’ll have to tighten the laws,” said the city Department of Finance Commissioner Martha Stark. “The ATF [Bureau of Alcohol, Tobacco and Firearms] can do a lot more. The Department of Justice can do a lot more. It might be that we need some legislative changes.”

Cigarette sales are down by one-third from August of last year, but it’s impossible to tell how many people quit smoking — and how many are sprinting through a legal loophole that shortcuts local taxes.

One of an increasing number of uncounted smokers, Chris McMurtrey, 31, a copywriter at a Manhattan ad agency, went online.

He pays Manhattan cigarette prices only in between deliveries of cartons from a virtual store located on the Seneca Indian reservation upstate.

“I was fine with paying $5.50, that’s okay,” he said. “It’s about the same price everywhere else. But it went up two or three bucks overnight. Forget that.”

So once a month a box arrives at his apartment building with a few cartons of his favorite brand inside, the doorman signs for them. They cost $32 each, compared with the city price of $140. If he buys five cartons, the shipping is free. “It’s technically not illegal, that’s my understanding,” Mr. McMurtrey said.

Technically, the law’s not clear.

Online tobacco shopping was big business before the July 2 city tax that put prices over $7 per pack. A study conducted by the University of North Carolina found that by January 2002 there were at least 195 Internet cigarette retailers, more than double the number a year earlier.

And in December 2001, industry experts predicted that within a year, one-fifth of the U.S. $40 billion in cigarette sales would be made on-line. But once the July tax hit, the dam broke.

“Volume went w-a-a-a-y up, no question about it,” Scott Herring, owner of nccigarettes.com told the Associated Press. A little more than half of his customers live in New York and New Jersey, which added its own $1.50 tax this year. Herring’s sales leapt from $15,000 to $25,000 a month he told the AP.

But there is no means of tracking Internet tobacco sales. Which means there is no way of determining how much tax revenue is being lost.

“Nobody really knows how much is sold online in New York,” said Sam Miller, a department of finance spokesman.

Not that the city has been hurt financially by Internet sales. According to Mr. Miller, the city took in $16 million in tax revenue from cigarette sales in August 2002, compared with just $2.4 million in August 2001.

At the same time the number of packs sold has dropped by about one-third.

Still, Ms. Stark knows retailers are doing an end-run around the law. Federal law requires retailers to furnish customer information to their home states so taxes can be levied, but the laws are tough to enforce.

With cigarettes there is an exemption that allows the purchase of two cartons, untaxed, such as at a duty free store. But the law has no wording for Internet sales. Ms. Stark said they have to report all sales.

It will take another six months or more to determine how much revenue is being lost to on line sales and whether it is more than a short-term trend.

Add to the legal confusion the more than 100 Internet cigarette stores based on Indian reservations – most in New York State – that claim exemption from taxes as sovereign nations.

“If they are selling to non-tribal members they are supposed to provide us with a list,” Ms. Stark said. “There’s no question.”


4 posted on 09/16/2002 10:15:56 PM PDT by general_re
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To: kattracks
I just love it when these jerks get wrapped around the axle because they failed to consider the unintended consequences of their actions. Human nature will foil all their plans forever.
5 posted on 09/16/2002 10:16:40 PM PDT by joeyman
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Not everyone who smokes is online, and nicotine is one of the most addicting substances known. If the laws force the price high enough and make other channels illegal, the law of unintended consequences will further increase.

If New York politicians keep going, they can look forward to drive-by shootings at illicit tobacco houses.
6 posted on 09/16/2002 10:21:44 PM PDT by D-fendr
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To: D-fendr
It's the same with everything the government takes over. Look at public housing, where drive-bys are REAL. Public transportation- dangerous, just staying on-track means you're lucky. Public schools-scary. War on drugs, war on smoking, war on obesity..., ad nauseum. Take the market out of anything and the thing devolves.
7 posted on 09/16/2002 11:09:48 PM PDT by Darheel
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To: kattracks
“If they are selling to non-tribal members they are supposed to provide us with a list,” Ms. Stark said.

LOL!
Freedom BUMP


8 posted on 09/17/2002 1:06:05 AM PDT by ppaul
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To: ppaul
“If they are selling to non-tribal members they are supposed to provide us with a list,”

Just make sure that you buy from a reservation that is in another state.

The one I buy from is in NM and won't sell to anyone in NM because they have to report the sales there but they don't have to report them to any other state.
9 posted on 09/17/2002 1:36:50 AM PDT by dalereed
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To: kattracks; *puff_list; Just another Joe; Gabz; Great Dane; Max McGarrity; Tumbleweed_Connection; ...
Oh yes! Shop cheap. It's the American Way, except when it comes to tobacco, then the lawmakers go nuts!

Well, they better start with the online auctions to grab their taxes before they start on tobacco. Lots of things being sold on the Internet and no taxes collected. These jerks can't just go after Internet sales of Tobacco and nothing else. They are dreaming.

The lawmakers are just pissed off because they aren't realizing their big dream of more Blood Money from cigarette taxes. They can pound sand!

10 posted on 09/17/2002 6:43:17 AM PDT by SheLion
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To: joeyman
Human nature will foil all their plans forever.

They are learning fast that we aren't all sheeple out here!

11 posted on 09/17/2002 6:45:23 AM PDT by SheLion
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To: D-fendr
and nicotine is one of the most addicting substances known.

You bought into that, huh?

12 posted on 09/17/2002 6:56:34 AM PDT by Just another Joe
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To: Just another Joe
You bought into that, huh?


13 posted on 09/17/2002 7:09:32 AM PDT by SheLion
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To: kattracks
Right now the cost of a carton of Marlboro in Virginia is about $3.00 less than any place that I can find on the internet. Of course, our idiot governor is in the process of changing all that. Then the state will loose all of the tax revenue from the smokes that I purchase since I will go online for the cheapest price.
14 posted on 09/17/2002 7:16:55 AM PDT by 11Bush
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To: kattracks
Why are the politicians soooo surprised, what in he.. did they expect.
15 posted on 09/17/2002 7:50:25 AM PDT by Great Dane
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To: Just another Joe
no, Joe, it bought into me.
16 posted on 09/17/2002 9:37:57 AM PDT by D-fendr
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To: D-fendr
I guess some folks have a higher tolerance than others for 'addiction'.
17 posted on 09/17/2002 10:32:05 AM PDT by Just another Joe
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To: Just another Joe
I think so too, most definitely. It depends on the person and the substance.
Some folks seem to be able to manage withdrawals, others go schizoid.
And that's just the physical part.

From what I've seen, crack cocaine is the toughest because after the physical craving/withdrawal is over, the brain takes some time before its chemistry can recover. The former addict is very depressed for many months or a year or more.

18 posted on 09/17/2002 11:29:54 AM PDT by D-fendr
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To: joeyman
"We got what we asked for, but not we wanted."
19 posted on 09/17/2002 11:36:51 AM PDT by Calvin Locke
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