Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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61 Pa. Code § 71.5. Cigarette tax stamps.

§ 71.5. Cigarette tax stamps.

 (a)  Method of purchase. A cigarette stamping agent shall purchase cigarette tax stamps by presenting to the Department or one of its authorized agents, Form Rev-1043, Cigarette Stamping Agency Purchase Order, listing the cigarette stamping agent’s name, license number, address, telephone number and the amount of tax stamps desired for purchase.

 (b)  Method of payment. Cigarette stamping agents may pay for cigarette tax stamps in exchange for any combination of the following:

   (1)  Cash.

   (2)  Approved credit up to the face amount of the security filed with and approved by the Department as required by section 1215 of the act (72 P. S. §  8215).

     (i)   Payment for tax stamps purchased on credit is due by the 15th of the month following the month in which the cigarette stamping agent purchased the tax stamps.

     (ii)   If a licensed cigarette stamping agent who purchases cigarette tax stamps on credit fails to remit full payment for accumulated cigarette tax stamps purchased on credit by the due date, the credit privileges may be suspended or revoked by the Department.

   (3)  Cigarette tax credits issued by the Department under §  71.6 (relating to refunds or credits for cigarette tax stamps), which shall be presented to the Department at the time the purchase order for cigarette tax stamps is placed.

 (c)  Affixation of tax stamps.

   (1)  Tax stamps shall be affixed to each individual pack of cigarettes in an aggregate denomination equal to the amount of tax imposed upon the number of cigarettes contained therein.

   (2)  Tax stamps shall be affixed to the bottom of each pack of cigarettes so that they are clearly visible to subsequent purchasers. Stamps shall be canceled in ink with the licensed cigarette stamping agent’s identification number.

   (3)  Improperly stamped cigarettes shall be treated as unstamped cigarettes and shall be subject to confiscation and forfeiture under the act. The Department will dispose of cigarettes forfeited under the act by either selling the cigarettes to a licensed cigarette stamping agent or a cigarette manufacturer, or by destroying the improperly stamped cigarettes.

Authority

   The provisions of this §  71.5 issued under section 6 of the Fiscal Code (72 P. S. §  6); section 1291 of the Tax Reform Code of 1971 (72 P. S. §  8291); sections 209-A, 214-A, 215-A and 227-A of the act of April 9, 1929 (P. L. 343, No. 176) (72 P. S. § §  209-A, 214-A, 215-A and 227-A).

Source

   The provisions of this §  71.5 adopted February 13, 1998, effective February 14, 1998, 28 Pa.B. 979.



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