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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: SheLion
To: Internet Cigarette Retailers
Subject: Federal Jenkins Act Notice - Statement and Reports

Dear Ladies and Gentlemen:

It has come to the attention of the State of Washington, Department of Revenue, that you have been or may be advertising for sale and/or shipping cigarettes into Washington.

If you advertise or offer to sell cigarettes into the State of Washington from outside of the state, federal law requires that you furnish this office a statement setting forth your name and locations. Please file this required statement with our office within 30 days of the date of this notice.

If you ship cigarettes via interstate commerce into the State of Washington you are required to report to the Department of Revenue each of these sales, whether to a wholesale distributor, retail distributor, or individual consumer, on the 10th of the month following their shipment. The report may be by memorandum or be copies of the actual sales invoices. The sales information must contain the name and complete address of the customer, and the quantity and brand of cigarette sold.

Please file all required Jenkins Act reports for prior sales into Washington and current month sales into Washington within 30 days of the date of this notice. Please attach your memorandum or invoice copies to our Schedule C form, and mail to:

State of Washington
Department of Revenue
PO Box 47477
Olympia WA 98504-7477

In addition, please note that it is illegal to sell repatriated export cigarettes into the State of Washington. These cigarettes are not intended by the manufacturer for sale in the United States. Accordingly, the law provides that these cigarettes are subject to seizure, forfeiture, and destruction.

Please contact me if you have any questions. Thank you for your time and assistance in complying with the federal Jenkins Act.

Scott Turnbull
State of Washington
Department of Revenue

41 posted on 08/29/2002 12:55:28 PM PDT by Wolfie
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To: SheLion
It's not illegal to buy a chair from out of state. But there is federal precedent for enforcing tobacco tax. A federal court ruled over 20 years ago that out of state vendors must file tobacco sales to the individual states, so that the states can collect the tax.

The best way to avoid this is to order from Indian reservations, or from overseas places like http://www.yesmoke.com

yessmoke.com ships from Switzerland. You get European versions of the brands. They are not identical in flavor to the American versions, but close. And you can't beat the price. $14-$15 per carton INCLUDING SHIPPING. They send one carton per box no matter how many you order, to avoid the federal importation duties... and of course the states have no enforcement of the mail, no enforcement of importation duties, and no legal power to compel Swiss companies to file sales returns, so it's virtually impossible for the states to find out.

I do not think people should break the laws. But I don't believe ordering smokes from foreign sovereigns like Native Americans or Swiss companies is illegal in any way.

And the PA law sounds a bit stupid... I mean, if you pick up a pack of smokes at a gas station in NJ on your way into PA, it's a crime? And they can impound your car? Rediculous.
42 posted on 08/29/2002 12:55:58 PM PDT by monkeyshine
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To: breakem
Anyone know if I can send my kid to an LA school with a soda in her bag now that the schools don't sell soft drinks. Maybe she can make some money doing this?

Yes, how about that! I saw where Kookifornia lawmakers were banning soda in the schools. Ban Ban Ban. That's all they know. As long as nothing THEY enjoy gets banned, all is right with the world.

They sure don't care about their constituents, do they!

43 posted on 08/29/2002 12:55:59 PM PDT by SheLion
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To: *all
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.

Does the old Pa. Gov. Maek Schweiker realize that he works FOR THE PEOPLE and not the other way around? Where do we GET these jerks.

44 posted on 08/29/2002 12:57:11 PM PDT by SheLion
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To: Wolfie
How can they enforce it? Guess watching the mail would be easy enough. Tobacco sniffing dogs won't hurt either. And property confiscation, that works too. Other States will follow, I'm sure.

I'm surprised that CALIFORNIA didn't come up with this idea FIRST. Or Bloomingidiot in New York City. How about him? He lagged behind in this one. heh!

Oh sure, MASS, NYC, California, Delaware and Florida will want to keep pace, I am sure.

45 posted on 08/29/2002 12:59:06 PM PDT by SheLion
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To: SheLion
Forget the drug dealers, we now have cigarette dealers?
46 posted on 08/29/2002 1:01:45 PM PDT by philosofy123
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To: Great Dane
To stop that, all levels of governments need to cut taxes back to a reasonable level.

Exactly! The smokers aren't going away, so they may as well get used to it and put the tax at a reasonable level that we all can live with. Both sides will make out.

The states turned into bloated gluttons. Big Government!

Even if they ban smoking in all places public, we still aren't going away. I love my home! I don't have to spend recreational money on nothing.

47 posted on 08/29/2002 1:02:05 PM PDT by SheLion
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To: SheLion
As someone aptly stated on a different thread, it's WOD V2.0
48 posted on 08/29/2002 1:02:47 PM PDT by SoDak
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To: SheLion
Wonder if the vending machines have been moved to the teacher's lounge?
49 posted on 08/29/2002 1:04:03 PM PDT by breakem
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To: SheLion
How dumb do they think we are

Obviously dumb enough to vote them into office. Sorry, I just couldn't resist.

50 posted on 08/29/2002 1:04:17 PM PDT by gunshy
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To: SheLion
For Immediate Release:
Thursday, May 30, 2002
TAX COMMISSIONER GAVIN ANNOUNCES ALLIANCE WITH ATTORNEY GENERAL BLUMENTHAL TO ATTACK RENEGADE CIGARETTE RETAILERS

Hartford – Tax Commissioner Gene Gavin today announced a new specifically directed partnership between the Department of Revenue Services (DRS) and the state Attorney General’s Office to defend the fiscal and physical health of the state from certain unscrupulous cigarette retailers.

Commissioner Gavin and Attorney General Richard Blumenthal will form a taskforce to address the issue of mail order and Internet tobacco sellers who violate state and federal tax and age restriction laws. The Commissioner has been in contact with the federal Bureau of Alcohol, Tobacco & Firearms (ATF) and the General Accounting Office (GAO) with respect to a federal law, the Jenkins Act, which regulates the interstate retail sale of cigarettes.

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.

51 posted on 08/29/2002 1:05:04 PM PDT by Wolfie
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To: Who dat?
I’d think they’d have enough to do without spending a lot of time doing this unless you were ordering a ton of cigarettes.

I personally don't think they would take the time to do this. But how do the online cigarette sellers get their cigarettes? That's bulk. Wow. This might shake up a lot of people.


52 posted on 08/29/2002 1:05:06 PM PDT by SheLion
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To: LibWhacker
It's time for The People to crack down on their servants.

Agreed, but it won't happen. Might as post as "... time for the sheep to ..."

We've already seen we will tolerate anything.

53 posted on 08/29/2002 1:05:14 PM PDT by banjo joe
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To: SheLion
I'd also add that the question of Indian Reservations falling under the Jenkins Act is up in the air. The BATF insists they are required to file like any other entity. I suppose it will be settled in court. A Federal one of course. Wonder which way that axe will fall.
54 posted on 08/29/2002 1:06:30 PM PDT by Wolfie
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To: Wolfie
When was this written? Did they really send that out?
55 posted on 08/29/2002 1:06:59 PM PDT by SheLion
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To: monkeyshine
And the PA law sounds a bit stupid... I mean, if you pick up a pack of smokes at a gas station in NJ on your way into PA, it's a crime? And they can impound your car? Rediculous.

Absolutely! It IS rediculous!

and

Smokers United

56 posted on 08/29/2002 1:09:36 PM PDT by SheLion
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To: SheLion
Fourth bullet point down
57 posted on 08/29/2002 1:10:24 PM PDT by Wolfie
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To: monkeyshine
I do remember a thread that referred to yessmoke.com. I was going to order a bunch of cartons.

They send one carton per box no matter how many you order...Just trying to make sure what you are saying. Does this mean they send multiple boxes when multiple cartons are ordered - one box for each carton?
58 posted on 08/29/2002 1:10:27 PM PDT by Lee_Atwater
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To: philosofy123
Forget the drug dealers, we now have cigarette dealers?

What with the drugs flying, you would think they would use the money for fighting drugs. But oh no! It has to be the "criminal smoker."

They are just tee'd off because they aren't realizing the big bucks from the huge taxes. They thought they would be rolling in dough. But the American smoker out smarted them. heh!

They are really upset because they aren't having their honey pots filled up by 1 out of 4 of their constituents.

59 posted on 08/29/2002 1:12:27 PM PDT by SheLion
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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.

The lawmakers are LIVID because their high tax plan backfired. LOL!

60 posted on 08/29/2002 1:15:19 PM PDT by SheLion
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