South Carolina 2025 2025-2026 Regular Session

South Carolina House Bill H4303 Introduced / Fiscal Note

Filed 04/30/2025

                    SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE 
S
TATEMENT OF ESTIMATED FISCAL IMPACT 
WWW.RFA.SC.GOV • (803)734- 3793  
 
This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of 
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. 
  
 
 
 
 
 
 
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H. 4303 
 
Fiscal Impact Summary 
This bill creates a new tax on cigarettes for heating made of tobacco or any substitute for tobacco 
(heated tobacco products, or HTP) equal to 10 	mills on each heated cigarette or 20 cents per pack 
of 20 heated cigarettes. 	The bill takes effect on October 1, 2025. 
 
The Department of Revenue (DOR) indicates that the bill will have no impact on the agency as it 
can implement the new tax with existing staff and resources. 
 
Based on limited information regarding HTP usage, the bill could potentially increase General 
Fund revenue from the new tax on heated cigarettes that takes effect on October 1, 2025, by 
approximately $3,713,000 in FY 2025-	26 for three quarters of the fiscal year and approximately 
$4,950,000 in FY 2026-	27. The impact may vary as limited data are available regarding HTP. 
Please note however, if current cigarette smokers switch products, cigarette tax revenue may be 
reduced in the future due to the lower tax rate on HTP or to a larger degree if HTP remain 
exempt from tax completely. 
Explanation of Fiscal Impact 
Amended by Sales & Use Tax Subcommittee of House Ways and Means on April 23, 2025 
State Expenditure 
This bill creates a new tax on heated cigarettes equal to 10 	mills on each heated cigarette or 20 
cents per pack of 20 heated cigarettes. DOR indicates that the bill will have no impact on the 
agency as it can manage the new requirements with existing staff and resources. 
 
State Revenue 
This bill creates a new tax on HTP equal to 10 mills on each heated cigarette. Such cigarettes are 
also referred to as sticks and are packaged as 20 sticks per pack, similar to traditional cigarettes. 
The tax rate translates to 20 cents per pack, which will be credited to the General Fund. 
 
Bill Number: H. 4303  Amended by Sales & Use Tax Subcommittee of House Ways 
and Means on April 23, 2025 
Subject: Cigarettes for Heating 
Requestor: House Ways and Means 
RFA Analyst(s): Manic 
Impact Date: April 29, 2025                                          
  
 
 
 
 
 
 
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H. 4303 
 
According to a recent study published by Substance Abuse on awareness of HTP
1
, approximately 
2.2 percent of the U.S. adult population use HTP. The U.S. Census Bureau estimates that the 
adult population in South Carolina totals 4,326,760 people.
2
 Applying the 2.2 percent share to 
the state’s adult population, we estimate that approximately 95,200 people use HTP in the state. 
Average usage of HTP is 11 to 20 heated tobacco sticks per day, or approximately 5 packs per 
week.
3
 Based on this information, the estimated 95,200 users of HTP are expected to consume 
approximately 24,752,000 packs or 495,040,000 heated tobacco sticks 	per year. With a 10 mills 
tax rate per heated tobacco stick, the General Fund tax revenue from HTP 	could total 
approximately $3,713,000 for three quarters of FY 2025	-26 and approximately $4,950,000 
starting in FY 2026-27. However, the impact may vary as limited data are available regarding 
HTP. 
 
As HTP are relatively new, data on consumption are limited. However, 	the Substance Abuse 
study on awareness of HTP indicates that due to the perceived appeal of HTP (better respiratory 
satisfaction compared to other Electronic Nicotine Delivery Systems (ENDS), sleek look, and 
polished appearance of the stores) there is potential for a fast increase in the use of such devices 
in the U.S. Further, the study indicate	s that up to 20 percent of current cigarette smokers and 
approximately 8.5 percent of ENDS users also use HTP. As such, we expect that HTP use will be 
primarily driven by current cigarette smokers and ENDS users. 
 
Additionally, HTP are not currently taxed. Traditional cigarettes are taxed at 	57 cents per pack of 
20 cigarettes. From this tax on traditional cigarettes, 7 cents 	is distributed to the General Fund, 
and the surtax of 50 cents is distributed $5 million to the Medical University of South Carolina 
Hollings Cancer Center, $5 million to the Smoking Prevention and Cessation Fu	nd, and the 
remaining surtax revenue to the Medicaid 	Reserve Fund. For reference, the current cigarette 
surtax generated approximately $107 million in FY 2023-24, of which $13 million went to the 
General Fund and the remaining $94 million was from the surtax. This 57-	cent tax rate is 
considerably higher than the new proposed tax rate of 20 cents per pack of 20 heated cigarettes, 
which would be credited to the General Fund. If current smokers turn to the HTP alternative 	in 
the future, net cigarette tax revenue will eventually decrease because of the tax rate differential 
between regular cigarettes and HTP if the tax rates are different, or to a greater degree if there is 
no tax on HTP. Since it is difficult to determine the changes in consumer preferences for 
cigarettes and HTP, it is difficult to estimate the extent to which cigarette tax revenue will 
decrease if more smokers turn to heated tobacco sticks, but it is a consideration. 
 
 
 
 
1
 Karim, M. A, Talluri, R., Chido-Amajuoyi, O. G., & Shete, S. (2022). Awareness of Heated Tobacco Products 
Among US Adults – Health Information National Trends Survey, 2020. Substance Abuse, 43(1), pp. 1023- 1034, 
Retrieved April 25, 2025, https://pmc.ncbi.nlm.nih.gov/articles/PMC9782695/pdf/nihms-1850038.pdf
 
2
 Although the federal government requires individuals to be age 21 or older to buy tobacco products legally, the 
analysis by Substance Abuse included adults without respect to this restriction, and therefore, we have estimated 
usage based on total adult population age 18 and over. 
3
 Świątkowska, B., Jankowski, M., & Kaleta, D. (2024). Comparative evaluation of ten blood biomarkers of 
inflammation in regular heated tobacco users and non-smoking healthy males–a pilot study. Scientific Reports, 
14(1), 8779, Retrieved April 25, 2025, https://www.nature.com/articles/s41598-024-59321- y.pdf
   
__________________________________  
Frank A. Rainwater, Executive Director  
 
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE 
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT . IT IS PROVIDED AS INFORMATION 	TO 
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. 
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H. 4303 
 
Local Expenditure  
N/A 
 
Local Revenue 
N/A