Tennessee 2025 2025-2026 Regular Session

Tennessee House Bill HB0987 Introduced / Fiscal Note

Filed 02/24/2025

                    SB 893 - HB 987 
FISCAL NOTE 
 
 
 
Fiscal Review Committee 
Tennessee General Assembly 
 
February 24, 2025 
Fiscal Analyst: Bojan Savic | Email: bojan.savic@capitol.tn.gov | Phone: 615-741-2564 
 
SB 893 - HB 987 
 
SUMMARY OF BILL:    Establishes that a “cigarette” under the Tobacco Tax Law includes a 
“heated tobacco product” (HTP). Defines HTP as a product containing tobacco that produces an 
inhalable aerosol by heating the tobacco by means of a device without combustion of the tobacco or 
by heat generated from a combustion source that only or primarily heats rather than burns the 
tobacco. Imposes a 0.15¢ per cigarette tax on HTP.   
 
 
FISCAL IMPACT: 
 
STATE GOVERNMENT 
REVENUE 	General Fund 
FY25-26 	$37,500 
FY26-27 	$75,100 
FY27-28 	$112,600 
FY28-29 	$150,200 
FY29-30 & Subsequent Years 	$187,700 
      
 Assumptions: 
 
• The proposed legislation does not authorize the sale of HTPs in Tennessee. Such sale is 
already authorized. However, HTPs are currently not widely available for sale in the state. 
This fiscal analysis assumes that the prevalence of such products will steadily increase over 
the upcoming years.  
• Philip Morris International’s IQOS devices and heated tobacco sticks are the most 
prevalent HTPs globally. According to the Philip Morris International 2024 Consumer 
Analyst Group of New York presentation, the following represents the share of IQOS sales 
in select countries since 2019:  
 
  	2019 2021 2023 
Japan 16.6% 21.1% 26.7% 
Greece 10.5% 15.8% 20.8% 
Italy 	6.1% 12.7% 17.1% 
Germany 1.6% 3.4% 5.6% 
UK 	0.6% 2.4% 3.9% 
Sweden 0.5% 1.8% 3.2% 
Spain 0.8% 1.3% 2.4% 
   
 
 	SB 893 - HB 987  	2 
• The information above represents the total in-market sales volume of IQOS units as a 
percentage of the total estimates sales volume for cigarettes. Based on this information the 
following is assumed to be the prevalence of HTPs in Tennessee: 
 
  FY25-26 FY26-27 FY27-28 FY28-29 FY29-30+ 
Tennessee 0.5% 1.0% 1.5% 2.0% 2.5% 
 
• Total cigarette tax collections were $169,828,201 in FY23-24. The Fiscal Review Committee 
staff estimates cigarette tax collections to decrease by 4.54 percent in FY24-25 and by 4.28 
percent in FY25-26. Therefore, the total cigarette tax collections in FY25-26, under current 
law, are estimated to be $155,179,350 [$169,828,201 x (100%-4.54%) x (100%-4.28%)].  
• The implicit number of cigarettes sold in FY25-26 is estimated to be 5,005,785,484 
($155,179,350 tax collections / $0.031 tax rate). This number is assumed to remain constant 
into perpetuity under current law.  
• Consumption of HTPs is assumed to impact consumption of cigarettes as evidence shows 
that consumers of HTPs are generally not previous non-smokers. However, consumption 
of HTPs is not a direct result of this legislation as the legislation does not impact the 
availability or legality of such products. Therefore, any decrease in cigarette tax collections 
due to the consumption shift from cigarettes to HTPs is not a result of this legislation.  
• Additionally, the Department of Revenue confirms that HTPs are not considered cigarettes 
under current law. Therefore, in the absence of this legislation HTPs would not be subject 
to a relatively higher cigarette tax rate.  
• Finally, the proposed legislation does not impact the applicability of the state and local sales 
tax imposition on HTPs. Any state and local sales tax impact is therefore considered not 
significant. 
• The resulting estimated increase in state tax collections is as follows: 
 
  	FY25-26 FY26-27 FY27-28 FY28-29 FY29-30+ 
HTP Prevalence 0.5% 1.0% 1.5% 2.0% 2.5% 
# HTP Units   25,028,927    50,057,855    75,086,782   100,115,710   125,144,637  
Tax Rate per Unit 	$0.0015  
Collections $37,543  $75,087  $112,630  $150,174  $187,717  
 
• The department will accommodate any administrative tasks to accomplish the requirements 
of this legislation utilizing existing resources, without a significant increase in state 
expenditures. 
 
 
 
 
 
 
 
 
 
   
 
 	SB 893 - HB 987  	3 
IMPACT TO COMMERCE: 
 
BUSINESS IMPACT 
FISCAL YEAR 	EXPENSES 
FY25-26 	$37,500 
FY26-27 	$75,100 
FY27-28 	$112,600 
FY28-29 	$150,200 
FY29-30 & Subsequent Years 	$187,700 
 
 Assumptions: 
 
• The proposed legislation imposes a 0.15¢ per cigarette tax on HTPs. The resulting increase 
in business expenses is as follows:  
 
  	FY25-26 FY26-27 FY27-28 FY28-29 FY29-30+ 
Expenses $37,543  $75,087  $112,630  $150,174  $187,717  
 
• Any impact on jobs in this state is estimated to be not significant.  
 
 
CERTIFICATION: 
 
 The information contained herein is true and correct to the best of my knowledge. 
   
Bojan Savic, Executive Director