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Statutes Text

Article - Tax - General




§12–302.    IN EFFECT

    (a)    A manufacturer of sample cigarettes shall pay the tobacco tax on those cigarettes distributed in the State without charge, in the manner that the Comptroller requires by regulation, with the return that covers the period in which the manufacturer distributed those cigarettes.

    (b)    The wholesaler who first possesses in the State unstamped cigarettes for which tax stamps are required shall pay the tobacco tax on those cigarettes by buying and affixing tax stamps.

    (c)    The tobacco tax on other tobacco products shall be paid by the wholesaler who sells the other tobacco products to a retailer in the State.

    (d)    (1)    A licensed other tobacco products retailer or a licensed tobacconist shall pay the tobacco tax on other tobacco products on which the tobacco tax has not been paid by filing a quarterly tax return, with any supporting schedules, on forms provided by the Comptroller on the following dates covering tax liabilities in the preceding quarter:

            (i)    January 21;

            (ii)    April 21;

            (iii)    July 21; and

            (iv)    October 21.

        (2)    A licensed other tobacco products retailer or a licensed tobacconist required to file a tax return under paragraph (1) of this subsection shall pay a tobacco tax at the rate provided in § 12–105(b) of this title based on the invoice amount charged by the licensed other tobacco products manufacturer, exclusive of any discount, trade allowance, rebate, or other reduction.

    (e)    An out–of–state seller shall pay the tobacco tax on pipe tobacco or premium cigars on which the tobacco tax has not been paid.

§12–302.    ** TAKES EFFECT JULY 1, 2022 PER CHAPTERS 767 AND 768 OF 2021 **

    (a)    A manufacturer of sample cigarettes shall pay the tobacco tax on those cigarettes distributed in the State without charge, in the manner that the Comptroller requires by regulation, with the return that covers the period in which the manufacturer distributed those cigarettes.

    (b)    The wholesaler who first possesses in the State unstamped cigarettes for which tax stamps are required shall pay the tobacco tax on those cigarettes by buying and affixing tax stamps.

    (c)    The tobacco tax on other tobacco products shall be paid by the wholesaler who sells the other tobacco products to a retailer in the State.

    (d)    (1)    A licensed other tobacco products retailer or a licensed tobacconist shall pay the tobacco tax on other tobacco products on which the tobacco tax has not been paid by filing a quarterly tax return, with any supporting schedules, on forms provided by the Comptroller on the following dates covering tax liabilities in the preceding quarter:

            (i)    January 21;

            (ii)    April 21;

            (iii)    July 21; and

            (iv)    October 21.

        (2)    A licensed other tobacco products retailer or a licensed tobacconist required to file a tax return under paragraph (1) of this subsection shall pay a tobacco tax at the rate provided in § 12–105(b) of this title based on the invoice amount charged by the licensed other tobacco products manufacturer, exclusive of any discount, trade allowance, rebate, or other reduction.

    (e)    (1)    An out–of–state seller shall pay the tobacco tax on pipe tobacco or premium cigars on which the tobacco tax has not been paid.

        (2)    An out–of–state seller shall pay the tobacco tax on pipe tobacco and premium cigars by filing a tax return, with any supporting schedules, on forms provided by the Comptroller:

            (i)    on or before the 21st day of the month after a sale of premium cigars or pipe tobacco is made; or

            (ii)    on dates specified by the Comptroller by regulation.

        (3)    For the period that the return covers, the return shall state:

            (i)    the stock keeping unit number for any premium cigars and pipe tobacco sold; and

            (ii)    for each stock keeping unit:

                1.    the quantity of premium cigars and pipe tobacco sold during the return period; and

                2.    the price of the premium cigars and pipe tobacco sold, as determined under § 12–105(c) of this title.



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