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