Minority Leader Brian Kolb: Local Residents Can Comment On New Regulations That Would Limit The Sale Of Untaxed Cigarettes By Native American Retailers To Non-Native Americans

March 2, 2010

CANANDAIGUA, NY – Beginning next week, area residents can make their voices heard on new state regulations seeking to limit the sale of untaxed cigarettes, according to Assembly Minority Leader Brian M. Kolb (R,I,C-Canandaigua), who today urged individuals to take part in the public comment period for the new rules.

The new regulations, issued by the State Department of Taxation and Finance, seek to curtail the flow of tax-free cigarettes by limiting cigarette sales to Native American tribes to a specific amount that could only be used by tribal members. Kolb said area residents could speak out on the proposed regulations during a 45-day public comment period commencing March 10, which is when the new regulations are slated for publication in the New York State Register.

“For years, the issue of collecting state sales taxes on cigarettes sold by Native American tribes has been marked by conflict and confusion, as state government either failed to settle on a clear and consistent policy, or follow through with necessary enforcement. The federal government’s continued failure to effectively resolve land claims has made a bad situation even worse,” Kolb said.

“These new regulations from Taxation and Finance are the latest attempt by state government to try to limit the sale of untaxed cigarettes and ensure a more level playing field for convenience stores and other retailers who follow the law and collect these taxes. I encourage citizens to take advantage of the upcoming public comment period and weigh-in on the regulations,” Kolb stated.

Individuals wishing to comment on the new regulations have until Monday, April 26, 2010 to do so. Public comments may be e-mailed to tax_regulations@tax.state.ny.us, or sent to the following contact person and address:

John W. Bartlett, Director of Regulations
Taxpayer Guidance Division
Department of Taxation and Finance
W. A. Harriman Campus, Building 9, Room 161
Albany, NY 12227