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Instructions for Form CG-213 Cigarette Stamping Agent Certification of Compliance with Tax Law Article 20 Revised 7/20

Instructions for Form CG-213 Cigarette Stamping Agent Certification of Compliance with Tax Law Article 20 Revised 7/20 2025

Instructions for Form CG-213 Cigarette Stamping Agent Certification of Compliance with Tax Law Article 20 Revised 7/20 Preview on Page 1

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The document provides instructions for cigarette stamping agents in New York State regarding the certification of compliance with Tax Law Article 20. It outlines the requirements for agents purchasing unstamped cigarettes, including the need to certify that they will not violate tax laws, maintain records of certifications, and file necessary forms with the Tax Department. The document also details who must sign the certification, the consequences of non-compliance, and provides contact information for assistance.

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What is the penalty for selling untaxed cigarettes?

The penalty for selling untaxed cigarettes is a Class 1 misdemeanor which carries a fine of up to 12 months in jail or up to $2,500 or both. There is also a monetary fine in addition to the seizure which is one half of the amount of the tax along with interest and a late payment penalty. 2.

What is the NYS law on untaxed cigarettes?

NYS Tax Law 1814(b): Willfully possess or transport unstamped or unlawfully marked packages of cigarettes is a class A misdemeanor with a potential sentence of 364 days in jail. A second conviction raises the penalty and offense to a class E felony with the prospect of as much as four years in prison.

What are untaxed cigarettes?

Revenue and Taxation Code Untaxed tobacco product means either of the following: (a) Any tobacco product that has not yet been distributed in a manner that results in a tax liability under this part.

How to spot a cigarette tax stamp?

Hold the tax stamp in front of you and note the color, then tilt the pack and see if the color changes on the tax stamp. If the ink doesnt appear shiny and change to blue, its not a genuine tax stamp.

What is the new smoking law in New York?

Under the New York State Clean Indoor Air Act, smoking and vaping is prohibited in most workplaces, including indoors and on the grounds of public transportation areas, schools, hospitals, restaurants, and bars. Smoking and vaping are not allowed to protect workers and the public from harmful secondhand smoke and vape.

What is a tax stamp for cigarettes?

When a licensed vendor (e.g., manufacturer, distributor, wholesaler) has paid the state excise tax for tobacco products, they receive a stamp from the state to affix to the tobacco products in order to sell at retail. Essentially, tax stamps are evidence of the payment of tax.

How much tax is on a pack of cigarettes in New York City?

The state excise tax rate is $5.35 per package of 20 cigarettes. The New York City local excise tax is $1.50 per package of 20 cigarettes, bringing the combined tax rate for a package of 20 cigarettes purchased in New York City to $6.85.

How many cartons of cigarettes can you have in NY?

No tax is owed on cigarettes under the following circumstances: The use of two cartons (400 cigarettes) or fewer in New York City, if the user brings the cigarettes into the city for use, not for sale. Cigarettes sold to the United States government.

Instructions for Form CG-213 Cigarette Stamping Agent Certification of Compliance with Tax Law Article 20 Revised 7/20 2025

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