Provides that the tax on premium cigars shall be at the rate of seventy-five percent of the wholesale price or fifty cents, whichever is less, and is intended to be imposed only once upon the sale of any premium cigars; defines "premium cigar"; provides for the repeal of such provisions upon expiration thereof.
STATE OF NEW YORK
________________________________________________________________________
4413--A
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sens. RAMOS, ADDABBO, ASHBY, COMRIE, COONEY, FERNANDEZ,
GALLIVAN, MARTINEZ, ORTT, PARKER, RIVERA, SEPULVEDA, STEC -- read
twice and ordered printed, and when printed to be committed to the
Committee on Budget and Revenue -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, in relation to excise taxes on premium
cigars; and providing for the repeal of such provisions upon expira-
tion thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 470 of the tax law is amended by adding a new
2 subdivision 22 to read as follows:
3 22. "Premium cigar." A cigar that:
4 (a) is wrapped in whole leaf tobacco; and
5 (b) contains a one hundred percent leaf tobacco binder; and
6 (c) is made by manually combining the wrapper, filler, and binder; and
7 (d) has no filter, tip, or non-tobacco mouthpiece and is capped by
8 hand; and
9 (e) weighs more than six pounds per one thousand units.
10 § 2. Paragraph (a) of subdivision 1 of section 471-b of the tax law,
11 as amended by section 18 of part D of chapter 134 of the laws of 2010,
12 is amended to read as follows:
13 (a) Such tax on tobacco products other than premium cigars, snuff and
14 little cigars shall be at the rate of seventy-five percent of the whole-
15 sale price, and is intended to be imposed only once upon the sale of any
16 tobacco products other than premium cigars, snuff and little cigars.
17 § 3. Subdivision 1 of section 471-b of the tax law is amended by
18 adding a new paragraph (d) to read as follows:
19 (d) Such tax on premium cigars shall be at the rate of seventy-five
20 percent of the wholesale price or fifty cents, whichever is less, and is
21 intended to be imposed only once upon the sale of any premium cigars.
22 § 4. This act shall take effect immediately and shall expire and be
23 deemed repealed 3 years after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06291-02-3
