HB0054HW001

Page 1-line 5 After ";" insert "conforming provisions;".

Page 1-line 9 After "W.S." insert "39-18-103(a)(iii), (iv) and by creating new paragraphs (v) and (vi), (c)(iii) and (iv) and by creating new paragraphs (v) and (vi),".

Page 1-line 11 After "(c)" delete "and" insert ","; after "(d)" insert "and by creating new subsections (e) and (f), 39-18-107(a)(ii)"; after "39-18-111(b)" insert ", (c)".

Page 1-After line 12 Insert:

"39-18-103.  Imposition.

(a)  Taxable event. The following event shall constitute a taxable event under this article:

(iii)  In addition to the other taxes imposed by this subsection, there is levied and assessed upon cigars, snuff and other tobacco products purchased or imported into this state by wholesalers for resale, except cigarettes and cigars taxed under this subsection, an excise tax at the rate imposed by W.S. 39-18-104(c) of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers;

(iv)  The tax imposed by paragraph (iii) of this subsection shall also be imposed upon the use or storage by consumers of cigars, snuff and other tobacco products in this state, and upon those consumers, at the rate imposed by W.S. 39-18-104(d) of the retail price of the cigar, snuff or other tobacco product. This tax shall not apply if the tax imposed by paragraph (iii) of this subsection has been paid.;

(v)  In addition to the other taxes imposed by this subsection, there is levied and assessed upon cigars purchased or imported into this state by wholesalers for resale an excise tax at the rate imposed by W.S. 39-18-104(e) of the wholesale purchase price at which the cigars are purchased by wholesalers from manufacturers;

(vi)  The tax imposed by paragraph (v) of this subsection shall also be imposed upon the use or storage by consumers of cigars in this state, and upon those consumers, at the rate imposed by W.S. 39-18-104(f) of the retail price of the cigar. This tax shall not apply if the tax imposed by paragraph (v) of this subsection has been paid.

(c)  Taxpayer. The following taxpayers are liable for the tax imposed by this article:

(iii)  In addition to the other taxes imposed by this subsection, there is levied and assessed upon cigars, snuff and other tobacco products purchased or imported into this state by wholesalers for resale, except cigarettes or cigars taxed under this subsection, an excise tax at the rate imposed by W.S. 39-18-104(c) of the wholesale purchase price at which the tobacco products are purchased by wholesalers from manufacturers;

(iv)  The tax imposed by paragraph (iii) of this subsection shall also be imposed upon the use or storage by consumers of cigars, snuff and other tobacco products in this state, and upon those consumers, at the rate imposed by W.S. 39-18-104(d) of the retail price of the cigar, snuff or other tobacco product. This tax shall not apply if the tax imposed by paragraph (iii) of this subsection has been paid.;

(v)  In addition to the other taxes imposed by this subsection, there is levied and assessed upon cigars purchased or imported into this state by wholesalers for resale an excise tax at the rate imposed by W.S. 39-18-104(e) of the wholesale purchase price at which the cigars are purchased by wholesalers from manufacturers;

(vi)  The tax imposed by paragraph (v) of this subsection shall also be imposed upon the use or storage by consumers of cigars in this state, and upon those consumers, at the rate imposed by W.S. 39-18-104(f) of the retail price of the cigar. This tax shall not apply if the tax imposed by paragraph (v) of this subsection has been paid.

Page 2-line 24 Strike "cigars,".

Page 3-line 2 Before "taxed" insert "and cigars".

Page 3-line 11 Strike "cigars,".

Page 3-line 14 Strike "cigar,".

Page 3-After line 16 Insert:

"(e) In addition to the taxes on other tobacco products imposed by this section, there is levied and assessed upon cigars purchased or imported into this state by wholesalers for resale an excise tax at the rate of twenty percent (20%) of the wholesale purchase price at which the cigars are purchased by wholesalers from manufacturers.

(f) The tax imposed by subsection (e) of this section shall also be imposed upon the use or storage by consumers of cigars in this state, and upon those consumers, at the rate of ten percent (10%) of the retail price of the cigar. This tax shall not apply if the tax imposed by subsection (e) of this section has been paid.

39-18-107.  Compliance; collection procedures.

(a)  Returns and reports. The following shall apply:

(ii)  On or before the tenth day of each calendar quarter, every consumer who, during the preceding calendar quarter, has acquired title to or possession of cigars, snuff or other tobacco products for use or storage in this state, upon which products the tax imposed by W.S. 39-18-103(a)(iii) or (v) has not been paid, shall file a return with the department showing the quantity of such products so acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain such other information as the department may require. The return shall be accompanied by a remittance for the full unpaid tax liability shown by it.".

Page 3-After line 22 Insert:

"(c)  The revenue received from the tax imposed by W.S. 39-18-104(a)(ii), and (b)(ii), (e) and (f) shall be deposited in the general fund.". PEDERSEN