Illinois 2023-2024 Regular Session

Illinois House Bill HB3112

Introduced
2/16/23  
Refer
2/17/23  
Introduced
2/16/23  
Refer
2/28/23  
Refer
2/17/23  
Refer
3/10/23  
Refer
2/28/23  

Caption

TOBACCO PRODUCTS-RATE

Impact

The implications of HB3112 are twofold. First, by allowing certain retailers to be classified as distributors, the state could potentially increase compliance with tax regulations, thereby increasing revenues from tobacco sales. Second, the cap on taxation for individual tobacco products may attract concerns from health advocates and organizations seeking higher taxes on tobacco to reduce consumption as a public health measure. The proposed discount for distributors on their tax liability, set at 2% but capped at $2,000 per return, introduces a financial incentive that may encourage retailers to register as distributors under the new provisions.

Summary

House Bill 3112 amends the Tobacco Products Tax Act of 1995 by redefining the treatment of certain retailers in Illinois as distributors for tax purposes. Specifically, the bill states that retailers maintaining a physical presence in the state, as defined by the Use Tax Act, may be recognized as distributors. This change is significant as it impacts how taxes are applied to the sale of rolled tobacco products, particularly cigars, within state jurisdiction, which aims to enhance revenue collection from tobacco products sold within Illinois. Additionally, the bill establishes a cap on the tax imposed per cigar or other rolled tobacco product, limiting it to $0.50 per unit starting January 1, 2024.

Contention

While the bill seeks to streamline and enhance the revenue associated with tobacco tax in Illinois, there are noteworthy points of contention that pushback from various stakeholders can be expected. Advocates for public health may argue that capping the tobacco tax at $0.50 per unit undermines efforts to discourage tobacco use, particularly among young and vulnerable populations. Critics may contend that lowering the effective tax could negate public health goals by making tobacco products more financially accessible. Additionally, if retailers are categorized as distributors, there may be implications for how these entities operate, with potential increased regulatory oversight impacting small businesses.

Companion Bills

No companion bills found.

Previously Filed As

IL HB3489

TOBACCO PRODUCTS-RATE

IL SB2036

TOBACCO PRODUCTS-RATE

IL SB2994

TOBACCO PRODUCTS-RATE

IL HB2780

TOBACCO TX-REMOTE SALES

IL HB5108

TOBACCO-REMOTE SELLERS

IL SB1314

TOBACCO TAX-REMOTE SELLERS

IL SB2338

TOBACCO-ELECTRONIC CIGARETTE

IL HB3606

TOBACCO-ELECTRONIC CIGARETTE

IL SB3452

CIGARETTE TX-HEARINGS

IL SB1850

CIGARETTE TAX-DISTRIBUTION

Similar Bills

IL HB3606

TOBACCO-ELECTRONIC CIGARETTE

IL SB2338

TOBACCO-ELECTRONIC CIGARETTE

IL SB3452

CIGARETTE TX-HEARINGS

CA AB1742

California Cigarette Fire Safety and Firefighter Protection Act: Tobacco Master Settlement Agreement.

CA AB1627

Cigarette Tobacco Directory.

MS HB1660

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sales of.

IL HB2780

TOBACCO TX-REMOTE SALES

MS HB916

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sale of.