§ 44-20-12.3. Floor stock tax on cigarettes and stamps. (a) Whenever used in this section, unless the context requires otherwise:

(1) "Cigarette" means and includes any cigarette as defined in § 44-20-1(2);

(2) "Person" means and includes each individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.

(b) Each person engaging in the business of selling cigarettes at retail in this state shall pay a tax or excise to the state for the privilege of engaging in that business during any part of the calendar year 2009. In calendar year 2009, the tax shall be measured by the number of cigarettes held by the person in this state at 12:01 a.m. on April 10, 2009 and is computed at the rate of fifty (50.0) mills for each cigarette on April 10, 2009.

(c) Each distributor licensed to do business in this state pursuant to this chapter shall pay a tax or excise to the state for the privilege of engaging in business during any part of the calendar year 2009. The tax is measured by the number of stamps, whether affixed or to be affixed to packages of cigarettes, as required by § 44-20-28. In calendar year 2009 the tax is measured by the number of stamps, as defined in § 44-20-1(13), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on April 10, 2009, and is computed at the rate of fifty (50.0) mills per cigarette in the package to which the stamps are affixed or to be affixed.

(d) Each person subject to the payment of the tax imposed by this section shall, on or before April 20, 2009, file a return with the tax administrator on forms furnished by him or her, under oath or certified under the penalties of perjury, showing the amount of cigarettes or stamps in that person's possession in this state at 12:01 a.m. on April 10, 2009, and the amount of tax due, and shall at the time of filing the return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.

(e) The tax administrator may promulgate rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.

History of Section. (P.L. 2009, ch. 5, art. 9, § 7.)