Connecticut 2019 2019 Regular Session

Connecticut House Bill HB06655 Comm Sub / Bill

Filed 04/24/2019

                     
 
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General Assembly  Committee Bill No. 6655  
January Session, 2019  
LCO No. 7155 
 
 
Referred to Committee on FINANCE, REVENUE AND 
BONDING  
 
 
Introduced by:  
(FIN)  
 
 
 
AN ACT CONCERNING TH E TAX TREATMENT OF TOBACCO 
PRODUCTS THAT ARE EX PORTED FROM THE STAT E. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 12-330c of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2019): 2 
(a) [(1)] A tax is imposed on all untaxed tobacco products held in 3 
this state by any person [. Except as otherwise provided in 4 
subdivisions (2) and (3) of this subsection, the tax shall be imposed] at 5 
the rate of fifty per cent of the wholesale sales price of such products, 6 
[.] except that: 7 
[(2) Notwithstanding the provisions of subdivision (1) of this 8 
subsection, in] (1) In the case of cigars, the tax shall not exceed fifty 9 
cents per cigar; [.] and 10 
[(3)] (2) The tax shall be imposed on snuff tobacco products, on the 11 
net weight as listed by the manufacturer, as follows: Three dollars per 12 
ounce of snuff and a proportionate tax at the like rate on all fractional 13 
parts of an ounce of snuff. 14    
Committee Bill No.  6655 
 
 
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(b) (1) Except as provided in subdivision (2) of this subsection, such 15 
tax shall be imposed on the distributor or the unclassified importer at 16 
the time the tobacco product is manufactured, purchased, imported, 17 
received or acquired in this state. 18 
(2) [Cigars] Tobacco products owned by a distributor that are 19 
located on the premises of a person who performs fulfillment services 20 
in this state for such distributor or on the premises of a warehouse in 21 
this state that is owned or leased by the distributor, and (A) are 22 
exported from this state shall not be subject to the tax imposed by this 23 
chapter, or (B) are shipped, delivered or otherwise transferred to a 24 
Connecticut address shall be subject to the tax imposed by this chapter 25 
and such tax shall be imposed on the date of such shipment, delivery 26 
or transfer and paid with, and reported by such distributor on, the 27 
return prescribed under section 12-330d that corresponds to the month 28 
such shipment, delivery or transfer occurred. For purposes of this 29 
subdivision, "fulfillment services" means services that are performed 30 
by a person on the premises of such person on behalf of a distributor 31 
and that involve the receipt of orders from such distributor or an agent 32 
thereof, which orders are to be filled by the person from an inventory 33 
of [cigars] tobacco products that are offered for sale by such 34 
distributor, and the shipment of such orders to customers of such 35 
distributor. 36 
(3) The commissioner may require the person who performs 37 
fulfillment services to file a quarterly informational return with the 38 
commissioner with respect to [cigars] tobacco products located on the 39 
premises of such person, containing such information as the 40 
commissioner may prescribe. 41 
(c) Such tax shall not be imposed on any tobacco products that (1) 42 
are exported from this state, or (2) are not subject to taxation by this 43 
state pursuant to any laws of the United States. 44 
(d) Any tax imposed under this chapter shall be reduced by fifty per 45 
cent for any product the Secretary of the United States Department of 46    
Committee Bill No.  6655 
 
 
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Health and Human Services determines to be a modified risk tobacco 47 
product pursuant to 21 USC 387k, as amended from time to time. 48 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2019 12-330c 
 
Statement of Purpose:   
To specify that tobacco products owned by a distributor, that are 
located on the premises of a warehouse in this state and exported from 
this state, are not subject to the tobacco products tax at the time the 
tobacco product is manufactured, purchased, imported, received or 
acquired in this state.  
 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, 
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is 
not underlined.] 
 
Co-Sponsors:  REP. KLARIDES, 114th Dist.  
 
H.B. 6655