HOUSE BILL NO.         

Tobacco product tax.

Sponsored by:  Joint Revenue Interim Committee

A BILL

for

AN ACT relating to taxation and revenue; providing for the administration of the cigarette and tobacco products excise tax as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 39-18-103(a)(iii) and (c)(iii), 39-18-104(c) and 39-18-107(c)(i)(intro), (A), (B) and by creating a new subparagraph (D) are amended to read:

39-18-103.  Imposition.

(a)  Taxable event. The following event shall constitute a taxable event under this article:

(iii)  In addition to the other taxes imposed by this subsection, there is levied and assessed upon cigars, snuff and other tobacco products sold in this state, purchased or imported into this state by wholesalers for resale, except cigarettes taxed under this subsection, an excise tax at the rate of twenty percent (20%) of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers;

(c)  Taxpayer.  The following taxpayers are liable for the tax imposed by this article:

(iii)  In addition to the other taxes imposed by this subsection, there is levied and assessed upon cigars, snuff and other tobacco products sold in this state, purchased or imported into this state by wholesalers for resale, except cigarettes taxed under this subsection, an excise tax at the rate of twenty percent (20%) of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers;

39-18-104.  Taxation rate.

(c)  In addition to the other taxes imposed by this section, there is levied and assessed upon cigars, snuff and other tobacco products sold in this state, purchased or imported into this state by wholesalers for resale, except cigarettes taxed under this section, an excise tax at the rate of twenty percent (20%) of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers.

39-18-107.  Compliance; collection procedures.

(c)  Timelines.  The following shall apply:

(i)  No later than the twentieth day of the month following the sale of cigarettes, or the month following the end of the calendar quarter for cigars, snuff or other tobacco products each wholesaler shall return to the department the following information on forms furnished by the department:

(A)  The number of packages of cigarettes, and the amount of cigars, snuff or other tobacco products sold in each incorporated city and town;

(B)  The number of packages of cigarettes, and the amount of cigars, snuff or other tobacco products sold in each county outside the incorporated cities and towns;

(D)  The mount paid by the wholesaler to the manufacturer for cigars, snuff or other tobacco products.

Section 2.  This act is effective July 1, 2001.

(END)