Virginia 2022 Regular Session

Virginia House Bill HB1199

Introduced
1/17/22  
Refer
1/17/22  
Report Pass
2/7/22  
Engrossed
2/10/22  
Refer
2/14/22  
Report Pass
3/1/22  
Enrolled
3/7/22  

Caption

Tobacco products tax; remote retail sales.

Impact

The enactment of HB 1199 is expected to significantly impact state revenue and regulations surrounding tobacco sales. By instituting a clear taxation model for both in-state and remote sales, the legislation aims to enhance the Commonwealth's control over tobacco taxation, which may help counteract illicit sales and ensure fair competition among distributors. Local distributors will be mandated to maintain detailed records of sales and properly remit taxes, which is intended to prevent tax evasion and ensure compliance. The bill is positioned to increase the financial accountability of vendors and promote fair practices in the tobacco market.

Summary

House Bill 1199, concerning the taxation of tobacco products and remote retail sales, introduces a framework for imposing taxes on tobacco sold within the Commonwealth. The bill stipulates that remote retail sellers of cigars and pipe tobacco to consumers in the Commonwealth must pay certain excise taxes. This includes defining the various rates applicable to different types of tobacco products like moist snuff, loose leaf tobacco, and other cigars, creating a structured tax regime intended to streamline compliance and tax collection. It specifies that these taxes will be collected at the point of sale, placing the liability on remote sellers to ensure correctness and timeliness in tax remittance.

Sentiment

Sentiment surrounding HB 1199 appears to be cautiously positive, particularly among stakeholders who favor a regulated approach to tobacco sales. Supporters argue that the bill reinforces responsible tobacco distribution while helping to bolster state revenues through taxation. However, there are concerns raised by certain advocates regarding the potential burden on remote sellers and the implications of increased operational costs that might arise as a result of strict compliance requirements. The balance of regulating and taxing tobacco while ensuring access and fairness appears to be a central theme in the discussions related to this bill.

Contention

Notable points of contention include the compliance burden placed on remote retailers, particularly those based outside the Commonwealth who would be subject to the same requirements. Critics voice concern over the ability of smaller companies to adapt to the extensive record-keeping, reporting mandates, and tax remittance responsibilities. Questions surrounding privacy and personal data handling when verifying consumer age for remote sales also generated discussions about potential overreach in regulation. These factors contribute to the complexities of implementing the bill effectively, which may provoke ongoing dialogue among lawmakers and stakeholders.

Companion Bills

VA SB748

Same As Tobacco products tax; remote retail sales.

Similar Bills

VA HB1357

Tobacco products; taxes, penalties.

VA SB748

Tobacco products tax; remote retail sales.

VA HB1417

Cigars; modifies the statutory tax rate imposed on selling or distributing, etc.

VA SB992

Cigars; modifies the statutory tax rate imposed on selling or distributing.

VA HB2296

Liquid nicotine; Va. Alcoholic Beverage Control Authority, et al., to assess a licensing scheme.

VA SB1350

Liquid nicotine; Va. Alcoholic Beverage Control Authority, et al., to assess a licensing scheme.

PA SB1263

In preliminary provisions, further providing for definitions; in games of chance, further providing for prize limits, for sales limited, for distributor licenses, for registration of manufacturers and for regulations of department; in club licensees, further providing for club licensee and for distribution of proceeds; in enforcement, further providing for revocation of licenses, for local option and for advertising; in tavern gaming, further providing for licenses, for application, for approval, for prize limits, for distribution of net revenue, for tavern games tax, for invoice, for reports and for enforcement.

VA SB6007

Virginia Gaming Commerce Regulation Act; established, penalties, report.