|
40-25-4.1
Section 40-25-4.1 Wholesalers and distributors to affix stamps. (a) Notwithstanding any other
laws, the only persons or businesses who may be licensed to buy and affix the tax stamps of
the Alabama Department of Revenue required by law to packages of tobacco products are wholesalers
and distributors who buy the tobacco products direct from the manufacturer, or an affiliate
of the manufacturer, except that the manufacturer of the product may be allowed to affix the
stamps to a tobacco product for the following purposes: (1) Trademark registration. (2) Promotions
of the product. (3) Test-marketing the product. (b) In order for a manufacturer to affix tax
stamps to a tobacco product for a purpose described in subsection (a), the manufacturer shall
give at least four weeks written notice to the Commissioner of the Department of Revenue of
such intention along with full details of the exceptional event, including, but not limited
to: (1) The nature of the promotion. (2) The location and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-25-4.1.htm - 1K - Match Info - Similar pages
8-17-271
Section 8-17-271 Definitions. As used in this article, the following terms shall have the following
meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase and affix
stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll of tobacco
wrapped in paper or in any substance not containing tobacco. b. Any roll of tobacco wrapped
in any substance containing tobacco which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette described in paragraph a. (3) MANUFACTURER. Any of the following:
a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to
be manufactured or produced anywhere that the manufacturer intends to be sold in this state,
including cigarettes intended to be sold in the United States through an importer. b. Any
entity that becomes a successor of an entity described in paragraph a....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-17-271.htm - 2K - Match Info - Similar pages
40-25-18
Section 40-25-18 Evasion of stamp tax. (a) Persons failing to properly affix the required stamps
to any cigars, cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, and snuff
shall be required to pay, as part of the tax imposed hereunder, a penalty of not less than
twenty-five dollars ($25) nor more than five hundred dollars ($500). Each article or commodity
not having proper stamps affixed thereto as herein required shall be deemed a separate offense.
Any cigars, cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, and snuff in
the place of business of any person required by this article to stamp the same shall be prima
facie evidence that they are intended for sale. The Department of Revenue, upon good cause
shown, may waive or remit any penalty or any part thereof provided for in this section. Any
person, firm, corporation, club, or association of persons who has been found guilty of violating
this article and who, after being punished by fine, penalty,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-25-18.htm - 2K - Match Info - Similar pages
6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated
from one another by means of additional modifiers or descriptors, including, but not limited
to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction
with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern
of colors, or any other indicia of product identification identical or similar to, or identifiable
with, a previously known brand of cigarettes. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue for
the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-12A-2.htm - 2K - Match Info - Similar pages
40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-260.htm - 8K - Match Info - Similar pages
6-12A-7
Section 6-12A-7 Review; application for permit; rules and regulations; costs and fees; disgorgement
of profits. (a) Notice and review of determination. A tobacco product manufacturer who does
not agree with a determination by the commissioner to not list or to remove from the directory
a brand family or tobacco product manufacturer shall be entitled to file a written request
for review with the commissioner. The written request shall be referred to as a petition for
review and shall describe any specific objections to the determination not to list or to remove
from the directory a brand family or tobacco product manufacturer. (1) The petition for review
and any supporting documentation, must be filed with the commissioner's office not later than
30 days after the date of the determination. (2) The commissioner shall review the petition
and any supporting documentation and notify the tobacco product manufacturer of the final
determination. (3) At the request of the tobacco product...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-12A-7.htm - 3K - Match Info - Similar pages
40-25-4
Section 40-25-4 Method and time of affixing stamps. The license taxes imposed by this article
shall be paid by affixing stamps in the manner and at the time herein set forth. In the case
of cigars, stogies, cheroots, chewing tobacco, and like products, the stamps shall be affixed
to the box or container in which or from which normally sold at retail. In the case of cigarettes,
smoking tobacco, and snuff, the stamps shall be affixed to each individual package. Time allowed
for affixing stamps shall be as follows: Every wholesale or retail dealer in this state, except
wholesalers who are issued a permit by the Department of Revenue, shall immediately after
receipt of any unstamped cigars, stogies, cheroots, chewing tobacco, cigarettes, smoking tobacco,
or snuff, unless sooner offered for sale, cause the same to have the requisite denominations
and amount of stamp or stamps to represent the tax affixed as stated herein. The stamping
of the cigars, stogies, cheroots, chewing tobacco,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-25-4.htm - 4K - Match Info - Similar pages
40-25-8
Section 40-25-8 Commodities subject to confiscation. Any cigarettes, smoking tobacco, cigars,
stogies, cheroots, chewing tobacco, snuff, or other products taxable under this article found
at any point within the State of Alabama, which the cigarettes, smoking tobacco, cigars, stogies,
cheroots, chewing tobacco, snuff, or other products taxable under this article shall have
been within the State of Alabama for a period of two hours, or longer, in possession of any
retailer or semijobber not having affixed to the package the stamps as provided in this article,
or in the case of products not requiring a stamp to be affixed where purchase invoices do
not itemize the applicable tobacco taxes, are declared to be contraband goods and may be seized
by the Department of Revenue, or its agents or by any peace officer of the State of Alabama,
without a warrant and the goods shall be delivered to the Department of Revenue for destruction.
Any of the goods, wares, or merchandise when offered for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-25-8.htm - 3K - Match Info - Similar pages
45-49-249-58
Section 45-49-249-58 Penalties. Any person, firm, corporation, club, or association failing
to affix required stamps, or account and collect the taxes enumerated in Section 45-49-249.50,
shall on a first offense pay a civil penalty of not less than twenty-five dollars ($25) per
item nor more than five hundred dollars ($500) per item. Penalty payments shall be made to
the Mobile County Tobacco Tax Collector within 30 days of notice of the penalty and paid to
the general fund of the county. For a second offense under this subpart, there shall be a
civil penalty of not less than one hundred dollars ($100) per item, nor more than five hundred
dollars ($500) per item. For a third offense, the Mobile County Commission shall recommend
to the State Department of Revenue that the state business license be revoked for a period
of one year. (Act 2019-150, ยง10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-249-58.htm - 1K - Match Info - Similar pages
6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by wholesalers
and distributors. Not later than 20 days after the end of each month, and more frequently
if so directed by the commissioner, each wholesaler and distributor shall submit all the information
the commissioner requires to facilitate compliance with this chapter, including, but not limited
to, a list by brand family of the total number of cigarettes or in the case of roll your own,
the equivalent stick count for which the wholesalers and distributors affixed stamps during
the previous month or otherwise paid the tax due for any cigarettes. The wholesaler or distributor
shall maintain, and make available to the commissioner, all invoices and documentation of
sales of all non-participating manufacturer cigarettes and any other information relied upon
in reporting to the commissioner for a period of five years. (b) Disclosure of information.
Notwithstanding any other law or rule, including...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-12A-5.htm - 5K - Match Info - Similar pages
|