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by mycricket on Sun Dec 28, 2008 8:46 pm
Yeap, I am one of the unlucky ones. I live in Ariz. and received a letter from the state saying to pay up for cigarettes I purchased through the mail. They have me for the year of 2004 and want me to tell them of any other purchases I made in 2005-today. The taxes are about $20.00 a carton. Looking at about 2-3 cartons a month over 4 years , I might as well just go live on the streets. Any advice on how to fight this? I know that when we raised the taxes (again) in 2006 there was an error on the ballot. The ballot stated the tax was .08cents when what they really meant was .80 cents. Needless to say the law passed and they said it was just a typo that the description clearly stated the correct .80 cent tax hike so there by they stuck with it. Would anyone really tell them where they had gotten additional mail order cigarettes for the additional 3 years? Help!
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by gilster on Mon Dec 29, 2008 7:34 am
So sorry to hear this, unfortunately I don't have any answers.

Could you please post which outlet you received the mail order from so others here will know to steer clear of them.

For the future, please look into RYO & MYO cigarettes - the offset in cost will help you in affording to pay the fines.

Lesson to all - DO NOT ORDER CIGARETTES ON THE INTERNET.

You are only safe until the taxman cometh.
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by mycricket on Mon Dec 29, 2008 10:49 pm
I am not really sure where I purchased the cigarettes as the notice I received did not say where I purchased them. However there were some cartons of "Smokin Joes" and if I recall, I may have ordered from a place called " Smokin Joes". 4 years back is a long way back to recall where I purchase them.
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by Lynda F on Tue Dec 30, 2008 10:17 am
mycricket wrote:
I am not really sure where I purchased the cigarettes as the notice I received did not say where I purchased them. However there were some cartons of "Smokin Joes" and if I recall, I may have ordered from a place called " Smokin Joes". 4 years back is a long way back to recall where I purchase them.


Seems to me that the State knows where you ordered them from and should tell you. Tell them you have no recollection and want to know the source of their information. I believe under "freedom of information act" you have that right.

IF they want your money, make them prove you owe it.
Lynda F Enthusiastic Smoker
Enthusiastic Smoker Joined: May 02, 2007 Posts: 501 Location: Phoenix, AZ
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by mycricket on Tue Dec 30, 2008 11:01 pm
I like your attitude Lynda, I have a feeling though they do not have to prove anything, I guess only time will tell. I noticed your in Phoenix, I am in Tucson. The only attorney I could find that is even familar with this type of thing is up there in Phoenix, haven't been able to speak with him yet as he's on vaction till the 12th. It's my understanding from a few attorney's, that one should cooperate or could face additional fines. Guess I will find out. Thanks for responding.
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by Lynda F on Wed Dec 31, 2008 11:13 am
Yes, unfortunately, the greedy bastards not only want the taxes you avoided paying but then will add "interest and penalties" for not paying. Nothing like kicking a dog when it's down eh?

I wish you luck in your fight. I have also purchased cartons online when I first moved here in 2004. They haven't caught up to me yet though. New Jersey tried to get me for a a total of 4 cartons (I lived in NYC then and had them shipped to our NJ office who then just included the package in the daily pouch they couriered up to us...LOL) I ignored the NJ notice and I guess they figured it wasn't worth the fight and I never heard back from them again.

I now roll my own, and my smokes only cost me about $12-$15 (depending on the tobacco I buy) per carton.

But they can all KMA I refuse to pay extortion and until they do the same thing with everyone else shopping on line and not paying taxes, or buying in neighboring tax free states, I consider it discrimination and will cry that.
Lynda F Enthusiastic Smoker
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by mycricket on Thu Jan 01, 2009 10:46 pm
Lynda, I think your safe on any cigarettes you may have ordered in 2004, as it's now the new year and they can only go back 4 years!!! They however managed to get me just a few weeks before the new year. But at least that's good news for anyone else that purchased in 2004, so there's reason to celebrate!! But when it pertains to cigarette taxes I could be wrong, but lets all hope not!!
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by Jay on Fri Jan 02, 2009 3:28 am
This must be my 500th post....a topic that dates back to 10 years ago when I first bought cartons online period from cigarettesbymail.com....lata renamed esmokes.com

I guess the years (on how far back authorities can go on online cig purchases) vary by each state. But in 2005 (the only year I ever received back taxes for cig purchases), the folks in Springfield went back as early as 1999 in seeing my esmokes purchases. 1999 to 2005 is a more than 4 year-period.

Every smoker I talked to online said lots of negativity on esmokes, and those guys who ran the shop were the worst liars on planet Earth to me.

For the record, esmokes is the only smoke shop merchant that ever reported my orders period. I dunno why their site is still up. When it's clear they outta biz now.

I bought MYO materials online too, and I won't mind doing that again if I ever make my own cigs again in the future. I know I can buy tobacco and tubes offline. But those offline MYO shops located in IL are too far away from my area.

I think I recommend a smoker doing DD on ANY smoke shop online before ordering even one carton from em.

DD = Due Diligence.

PS: stuffyourown.com is the MYO online shop I bought MYO materials at.

PPS: The new FSCs might actually hurt the online smoke shop business in the long-term. Most smokers hate FSCs, and it's actually hard to find non-FSC cartons online. (Not that I'm interested in buying non-FSCs online...I'm just talking in general)
Jay Enthusiastic Smoker
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by Slearwig on Tue Mar 31, 2009 3:27 pm
Well, I looked it up for the State of California, and now I'm pissed.
According to The California State Board of Equalization Publication 93, "Cigarette and Tobacco Products Taxes":
http://www.boe.ca.gov/pdf/pub93.pdf

Quote:
Two types of excise taxes are collected on cigarettes and tobacco products distributed in California: 1) the cigarette tax, and 2) the cigarette and tobacco
products surtax. Each tax is described below, according to the type of product sold.

Cigarettes

Cigarettes are subject to both the cigarette tax and the cigarette and tobacco
products surtaxes. The tax and surtaxes are paid by distributors through the use of cigarette tax stamps, which are purchased from our agency and affixed to each package of cigarettes before distribution. Distributors can be reimbursed for these taxes by the businesses to whom they sell the cigarettes, and the businesses can include the taxes as part of the retail selling price of the cigarettes. The cost of the cigarette stamp include both the cigarette tax and the surtaxes. Currently, each cigarette stamp costs 87 cents per pack of 20 cigarettes:
12 cents for the cigarette tax and 75 cents for the combined surtaxes.
Distributors are allowed a discount of 0.85 percent for each stamp to help
offset their costs for affixing stamps.

Tobacco products

Tobacco products, not including cigarettes, are subject only to the cigarette and tobacco products surtaxes. Tobacco products include all forms of cigars, smoking tobacco, chewing tobacco, and snuff, as well as other products containing at least 50 percent tobacco. The surtaxes are paid by tobacco products distributors (see definition in next column).

The surtax rate is determined annually by the Board of Equalization (BOE) and is equivalent to the combined rate of tax applied to cigarettes. Effective July 1, 2008, through June 30, 2009, the rate is 45.13 percent of the wholesale cost (in accordance with section 30126 and 30131.5 of the Revenue and Taxation Code).
...
...
...
What if consumers purchase cigarettes or tobacco products outside the state of
California?

If consumers purchase cigarettes or tobacco products for their own use from outside the state without paying California excise tax, they are required to pay the tax directly to us. This includes products purchased through the mail, by telephone, or on the Internet, and shipped into California.
Consumers also owe the tax if they physically bring tobacco products or more than 400 cigarettes into California. Those purchases are also subject to California use taxes
(see publication 112, Purchases from Out-of-State Vendors.)
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by Slearwig on Tue Mar 31, 2009 8:00 pm
Well, so long Texas.
http://www.window.state.tx.us/taxinfo/cig_tob/cigarette.html

Quote:
Cigarette Delivery Sales
Cigarette purchases made via the Internet, mail or telephone order and delivered to a buyer in Texas must have a Texas cigarette tax stamp affixed to the bottom of the cigarette package.


Are there any States that don't tax interstate internet tobacco sales?
Slearwig Enthusiastic Smoker
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