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ludicrously low cigarette tax is not only hurting Kentuckians
by keeping it alluringly cheap to smoke and depriving the state of badly
needed revenue.
It is also hurting other, more discount cigarettes online responsible
states by turning Kentucky into a haven for Internet cigarette sales.
As taxes and prices have gone up almost everywhere else, Internet operations
have grown here as ways for buyers to avoid higher taxes in their home
discount cigarettes online states and, worse, for youths
to avoid their states' laws against sales to minors.

For now, of course, Kentucky is getting a little extra income from these
Internet sales, since the suppliers do pay the state's measly tax of
3 cents per pack.
But that return is coming at a high cost. For one thing, it places Kentucky
on the wrong side of the national debate over Internet taxation. States
generally agree that Internet transactions shouldn't escape normal state
taxes, since that puts local, non-Internet businesses at an discount
cigarettes online unfair disadvantage and since it also allows Internet
customers to avoid paying for the government services they enjoy. For
another, the rise of Internet cigarette sellers means Kentucky is now
home to businesses that are legally suspect; they seem to be ignoring
the minimal age-verification and reporting requirements discount cigarettes
online already on the books. It's not illegal to buy or sell cigarettes
over the Internet, but sellers and buyers appear to be obliged to report
their purchases and to pay any state taxes owed under the 1949 Jenkins
Act. It expressly requires dealers to report out-of-state sales to the
buyers' state tobacco tax administrators.
But that is not happening, according to Mark Smith, a spokesman for
Brown & Williamson Tobacco Co. "I've yet to see one Internet
company out there that is collecting taxes and verifying age,"
he said. Moreover, added Matt Myers, president of the Campaign for Tobacco-Free
Kids, "Internet sales discount cigarettes online
to kids is an emerging and growing problem."

Both the federal government and the state attorney general must crack
down on such suspect practices. But the best solution would be to eliminate
the reason for them.
Kentucky should join the vast majority of other states, whose average
cigarette tax is now 58.8 cents per pack, and raise its rate to a level
that is both socially responsible and fiscally productive. The Internet
discount cigarettes online by nature provides bountiful
and unprecedented opportunities to sidestep the law, while the limitations
of law enforcement let the ethically challenged exploit these opportunities
without losing sleep over getting caught.

Another outstanding example can be found in a report about cigarette
sales over the Internet that was recently prepared by the U.S. General
Accounting Office. The 55-page analysis examines how the 50 states are
doing collecting excise taxes that are payable on cigarettes sold by
the 147 online tobacco merchants the GAO could identify.How are the
states doing? Let's put it this way: Next time someone lights a cigarette
near you, try discount cigarettes online grabbing a handful of the smoke.
. . . That's how they're doing.
The report doesn't get at a precise dollar figure for the lost tax revenue
but does cite a year-old Forrester Research estimate that U.S. online
tobacco sales will reach $5 billion by 2005 and that the states will
lose out on $1.4 billion as a result.
Here is what's happening . . . or, discount cigarettes online more precisely,
not happening. "Consumers who use the Internet to buy cigarettes
from vendors in other states are liable for their own state's cigarette
excise tax and, in some cases, sales and/or use taxes," the GAO
report explains. "States can learn of such purchases and the taxes
due when vendors comply with the Jenkins Act."Ah, the Jenkins Act.
There lies the rub between old law and new technology, as the lawmakers
who passed the act - in 1949 - obviously knew not of the Internet. Nonetheless,
the discount cigarettes online act requires vendors - including online
merchants - who ship cigarettes into another state to anyone other than
a licensed distributor to report the details of all such transactions
to the tax discount cigarettes online authorities in
those states.

In theory, the recipients of the cigarettes are supposed to pay the
taxes or the states will come calling to collect.In practice, precious
few smokers pay up, and the governments are in poor position to collect
because only a handful of merchants fulfill their responsibilities under
the Jenkins Act. Just how pervasive is the disdain for this law? Some
of these online outfits carry revealing names such as Notaxsmokes.com
and Dutyfreetaxfree.com, while others proudly proclaim on their home
pages that they do not and will not comply with the Jenkins Act. Their
excuses - including claims of exemption by American Indians - discount
cigarettes online are all bogus, according to the GAO.Which brings us
to the question of what should be done about it.(All of you who believe
it's OK to avoid paying taxes of this kind because you judge them to
be unfair can go get in line with the corporate bigwigs and bean counters
who believe the rules are meant for others.)
The GAO report says that a violation of the Jenkins Act is only a misdemeanor
that carries a maximum $1,000 fine and six months in the can. Near as
the GAO can tell, no one has been fined discount cigarettes online or
jailed.State officials highly recommend making Jenkins violations a
felony.A good start, but that isn't likely to compel individual smokers
to get square with the discount cigarettes online tax collector, or
even discount cigarettes online deter the merchant violators without
an accompanying aggressive enforcement campaign.