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Assembly Bill A8350

2017-2018 Legislative Session

Relates to the repurchase of untaxed or seized cigarettes

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Archive: Last Bill Status - In Assembly Committee

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2017-A8350 (ACTIVE) - Details

See Senate Version of this Bill:
S6285
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1846, Tax L
Versions Introduced in 2019-2020 Legislative Session:
A5327

2017-A8350 (ACTIVE) - Summary

Relates to the repurchase of untaxed or seized cigarettes; requires the manufacturer of untaxed or seized cigarettes to repurchase such cigarettes and pay to the commissioner an amount equal to the cost of such cigarettes as sold to a wholesaler or agent.

2017-A8350 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8350
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to the repurchase of untaxed or
   seized cigarettes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision (c) of section 1846 of the tax law, as amended
 by chapter 556 of the laws of 2011, is amended to read as follows:
   (c) [In the alternative, the tax commission may dispose of  any  ciga-
 rettes  seized  pursuant  to this section, except those that violate, or
 are suspected of violating, federal trademark laws or  import  laws,  by
 transferring  them to the department of corrections and community super-
 vision for sale to or use by inmates  in  such  institutions.]  NOTWITH-
 STANDING  THE  PROVISIONS  OF  SECTION  FOUR HUNDRED SEVENTY-SIX OF THIS
 CHAPTER AND IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW, THE COMMIS-
 SIONER SHALL REQUIRE THE MANUFACTURER OF UNTAXED OR SEIZED CIGARETTES TO
 REPURCHASE SUCH CIGARETTES AND PAY TO THE COMMISSIONER AN  AMOUNT  EQUAL
 TO  THE  COST  OF  SUCH CIGARETTES AS SOLD TO A WHOLESALER OR AGENT. THE
 COMMISSIONER SHALL BE  AUTHORIZED  TO  PROMULGATE  SUCH  REGULATIONS  TO
 IMPLEMENT THE REPURCHASE OF SUCH UNTAXED CIGARETTES AS MAY BE NECESSARY.
 ALL  FUNDS  OBTAINED  BY THE COMMISSIONER AS A RESULT OF SUCH REPURCHASE
 SHALL BE PAID TO THE GENERAL FUND.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal of any rule or  regulation  by
 the  commissioner  of  taxation  and  finance that are necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11722-01-7

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