Nebraska retailers oppose cigarette tax increase

Increasing the statewide cigarette tax by three times would affect Nebraska retailers significantly, as the customers would switch to Iowa and Missouri tobacco shops, where they would be able to save nearly $18 per carton, according to state lawmakers.

Mark Whitehead, owner of convenience store chain across the state testified that sales of tobacco products make up 35 percent of total sales. “This business is focused to providing a service an a product to the clients, and cigarettes represent the top-selling product category.”

However, supporters of cigarette tax hike stated that “customers’ exodus” didn’t happen when the tax was increased last time, in 2002 and should not be a major issue now.

They claimed the price hike would encourage thousands of people to stop or never start smoking, in addition to generating approximately $100 million every year in revenue to prevent cuts in such state care programs as health-care and education.

Grand Island Sen. Mike Gloor, the author of the bill said that smoking is the top health issue in Nebraska and needs to be curbed.

Gloor stated he had seen horrible health complications caused by smoking while he was working as a hospital administrator. He said he pledged to himself he would do his best to resolve that problem in case he ever gained the chance.

That resulted in the introduction of Legislative Bill 436, under which the state’s cigarette tax would be increased from 64 cents per pack up to $1.99 per pack. Neighboring Iowa has $1.36 per pack and Missouri’s is home to the nation’s lowest cigarette tax at 17 cents a pack.

Currently Nebraska is ranked 38th among the states in cigarette tax rate. If the increase is approved, the state tax will become 16th-highest. In addition, according to Gloor several states consider increasing the taxes as well.

However, he admitted that in case the Bill 436 is approved, it won’t be only for the reasons of public health, but also for financial reasons, as the state is eager to find sources of extra revenue.

The bill will provide approximately $31 million every year to avoid expected cuts in payments to health-care sector, and nearly $500,000 would be directed to smoking-cessation programs.

Nevertheless the most part – nearly $70 million annually – would be generated for the state budget to help close an approximately $1 billion gap between estimated earnings and projected expenses.

Kearney Sen. Galen Hadley said that the bill and corresponding tax hike would affect low-income Nebraskans more significantly, since more people in this social group are smokers. In addition York Sen. Greg Adams asked if it was fair to hit the minority of residents (around 19 percent) who are smokers with a huge increase.

Gov. Dave Heineman has promised to veto any tax hike, including the cigarette tax. Therefore, supporters would have to collect 30 votes in the Legislature to supersede the veto.

Cigarette contrabandists will lose their cars and assets

Confiscation of the untaxed tobacco products have raised greatly in the past five years despite drastic measures on ports and a blitz on stores and markets.

Approximately 200 million untaxed tobacco products intended for the illegal market, which would have sold at an expected loss to the Exchequer of close to €65m, are planned to be confiscated by the end of this year.

A three-year strategic plan aimed at untaxed tobacco products will see an increase in the number of Customs operations aiming people distributing cigarettes in shops, housing estates and under the shop’s counters.

Robert Hogan, the head of Custom’s Criminal Investigation Branch, stated that they planned to affect smugglers strongly next year.
He stated in an interview that there would be raised confiscations of both properties and cover loads, as legal goods are often smuggled into the country in the same transport containers as illegal cigarettes.

At present, if a person is stopped with untaxed tobacco products, they may take back their car or trailer after paying a fine.

“We practiced that in the past, because we do not have enough place and means to keep all vehicles. In the next year we will face an increase in the asset seizure. That means that we take the car and it won’t go back to the proprietor. Even if we have to spend more than €500 on crushing them, we will do that. In the proper sense of the word we are hitting them in the wallet; they do not receive the car back,” Mr. Talbot stated.

He also underlined that, from the next year, cover loads will also be confiscated to the State. The vehicles that can be crushed are those which carry illicit product to the shops or transporting an illegal load from a container to a house.

Mr. Talbot said that Ireland was apparently the most important target, because it was like a secret door to the UK.

The average price of a 20-pack of cigarettes in Ireland constitutes €8.55; this is more than 13 times the cost of a pack of cigarettes in Ukraine.

Customs that introduced a High Level Group to aim at tobacco also plan to raise the number of people prosecuted under the law.

In 2008, 85 people condemned of smuggling and distributing untaxed cigarettes, which increased to 165 in 2009.

Only 50 million cigarettes were confiscated in 2006 but this figure rose sharply to 218 million in 2009.

135 million counterfeit tobacco products were seized in 16 maritime containers brought from China, Russia and Thailand.

Federal Court of Appeals Rules against NY

Indian nations located across the New York State have won another round in the continuous cigarette tax legal battle against the state: The tribal nations have the right to continue sales of tax-free cigarettes to non-members of the tribes within the territories of the sovereign tribes whereas the court examines whether the new NY tax legislation is constitutional.

Earlier this month the Second Circuit Court of Appeals ruled against the state solicitation to impose an injunction which prohibit the state from taxing cigarette sales on Nations’ land whereas several challenges to the new tax code are pending.

However the court decided to consolidate appeals filed by several Indian Nations in one case. The tribes initiated lawsuits and filed appeals against New York state tax legislation that would oblige them to collect taxes from sales of cigarettes to non-Indians by demanding wholesalers to pay $4.35-per-pack tax on all cigarettes sold across the state and impose the tax on Native tobacco shops.

“Of course this is not final decision, but the ruling by the appeals court permits our stores to continue operation for the near future,” admitted Robert Odawi Porter, leader of Seneca Indian Nation. “We are going to continue the legal fight against this unconstitutional effort by the state that violates our treaty rights and destroys our business as well as the jobs it provides.”

During the past several months, two separate courts ruled to reject the state from imposing its latest tax strategy.

In October, the U.S. District Court Judge David Hurd, gave a preliminary injunction in a lawsuit initiated by the Oneida Indian Nation against Gov. David Paterson and New York State, requesting the court to decide whether the new tax code is illegal. The tax law, approved last summer, ended the state’s long-term “forbearance” policy that permitted the Indian Nations tobacco business to prosper, earning billions of dollars for the state budget and opening thousands of work positions in the state.

This ruling was hailed by Oneida Nation.

“The Oneida Nation welcomes the decision of the federal appeals court that is continuing to reject New York state’s attempts to infringe the nation’s sovereignty by collecting taxes from wholesalers of products sold across the Oneida reservation as well as other Indian lands throughput this state,” state Mark F. Emery, director of communications. “Although we are convinced that such matters should be decided by negotiation, the Oneida nation is read to protect its freedoms in court.”

In the 25-page ruling, Judge Hurd gave significant evidence against the New York state amendments in tax law.

The judge agreed with Oneida that the legislation would cause irretrievable damage by demanding the nation to pay a $4.35-per-pack tax, which he named “unconstitutional,” since a sovereign nation tribe is not subject to taxation.

The state has filed an appeal against Hurd’s ruling.

Another ruling against the New York state was issued by Judge William Arcara of the Western District Court, who rejected the Seneca and Cayuga Nations’ motion for a preliminary injunction and provided a stay against the state imposing the tax legislation.

Arcara ruled that the nations’ tribal rights “are not unconstitutionally burdened” by the latest cigarette tax legislation, and that Indian nations failed to prove a likeability of success on the merits of their claims.

However, the judge admitted that the tax legislation is likely to have an adverse effect on the nations’ current tobacco businesses.

Balkan contrabandists expand as residents evade from cigarette tax increases

Cash-strapped Romania and Bulgaria hoped that taxing cigarettes would be an easy and simple method of raising money but the increases only pushed smokers to a constantly growing black market.

Criminal gangs and poor Roma communities that are situated near the borders of such countries as Macedonia, Ukraine and Serbia, where the prices on cigarette products are lower, were smuggling cigarettes that has wiped out profits from higher excise taxes.

This year Bulgarian government increased taxes by nearly a half and also ordered to customs officials and police officers check all shops and markets. Tax revenues from cigarette sales have decreased by nearly a third in 2010, according to data provided by the customs officials.

Bulgaria and Romania are the two poorest countries in the European Union that try to recover from deep recessions and their governments have a strong incentive to let their populations keep smoking in the near future.

Bulgaria revoked the national ban on smoking in all bars and restaurants in June due to pressure from cigarette manufacturers, importers and distributors and also due to the need for tobacco sales as public revenue dropped.

Only Kyustendil, a town of 70,000, hold the ban from July 1and the resentment is evident, with club owners worried about making both ends meet and clients frustrated. Few people believe that this ban will survive the winter.

Excise taxes on tobacco products are an important source of revenue and accounted for 10% of all Bulgaria’s gains last year, $1.15-billion (U.S.).

Bulgaria is the most addicted to smoking along with Greece, with some 40% of the population smokers, according to a recent survey conducted by the Eurobarometer. About 22 million of neighbor Romanian population smoke.

“The abrupt excise increase revolted many consumers and raised the demand for cheap cigarettes. At present we see some brands that we have never seen before,” declared Ivan Bilarev, administrative manager of state-controlled Bulgartabak.

Cigarette prices in Bulgaria and Romania are well below than in many other European countries, about 2.00-2.50 euros per pack, but still rather expensive for consumers as they receive lower incomes.

That is why many smokers prefer cigarettes from black marker, as there a pack of cigarettes costs 1.00-1.75 euros.

Mr. Bilarev declared that smuggling has affected sales at Bulgartabak and according to some analysts a total smoking ban would lower the company’s price a pending privatization.

Overall losses from smuggling will probably overbalance tax profits as Bulgaria effort to fight the raising black market that has increased to over 30 % of all cigarette sales and could cost 500 million levs in lost profits this year.

Romania has the same problems as Bulgaria, after doubling cigarette prices in 2009 then increasing value added tax (VAT).

It was estimated that about a third of cigarettes in Romania are smuggled and it could cost the state over 1 billion euros.

State Confiscated a Truck with Seneca Cigarettes

The state has seized a tobacco retailer’s truck from Seneca which contained thousands of cartons of cigarettes, this move many see as a test conducted by the government as Albany seems to begin collecting taxes on Indian cigarette sales in the months ahead.

This truck was confiscated on Monday by at least one state tax and finance agent as it went between the tribe’s Cattaraugus and Allegany reservations.

“The state seized thousands of cartons of cigarettes that didn’t have a New York State tax stamp as requested by the law,” Brad Maione, a tax department spokesman, stated.

He also added that all tobacco products were illegally held by an individual situated outside the reservation property. He refused to answer any questions about the given case.

The truck belonged to Aaron J. Pierce, a Seneca businessman who was among those demanding in court the lawfulness of a new federal law that is related to mail-order tobacco product trade.

Pierce refused to comment the situation and referred calls to his lawyer Lisa Coppola. Recently she released a statement from Pierce’s company, AJ’s Wholesale, naming the confiscation without any warrant “illegal.”
The confiscation was made just one day before Seneca Nation business entities asked a federal judge in Buffalo to postpone the federal government’s ban on mailing tobacco products until their request will be heard by a higher court.

The dueling demands are part of the negative consequences from Arcara’s order last month supporting the main problem of a new federal law as Seneca business owners state will worsen their mail-order cigarette operations.

“At the given moment they are shutting down,” William Parry, the owner of Wolf’s Run in Irving stated after the two-hour hearing. “There are many people who remain without work”.

Outside the hearing room, Seneca business entities are facing with state government that is keen to undertake severe measures on untaxed cigarettes.

AJ’s Wholesale cited a bid in Central New York by local government officials to confiscate Indian cigarettes, later on this move was turned down by the courts.

According to AJ’s the agents of state tax “abandoned” the truck driver “and boxes of melting candy” on the Route 353A outside the Town of Dayton. It declared that the confiscation was unconstitutional.

“This shocking confiscation is an evident retribution for my company’s litigation in federal court,” Pierce stated.

Seneca Nation President Barry E. Snyder Sr. stated that stopping and confiscating of the truck was something “unparalleled” for goods traveling between the Seneca reservations. He also added that tobacco products were legally moving between Seneca-licensed business entities.

This confiscation raised concern among many officials from Seneca, who are worried that tobacco products with a tribal tax stamp will be seized by state officials.

“Stopping vehicles that go from one territory to another is something unprecedented. We are all a unique entity: the Seneca Nation,” declared Richard Nephew, chairman of the Seneca Tribal Council.