50-State Law Approaches to Reducing Cigarette Tax Avoidance and Taxing OTP s,
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1 50-State Law Approaches to Reducing Cigarette Tax Avoidance and Taxing OTP s, Camille K. Gourdet, J.D., M.A.*, Hillary R. DeLong, J.D., Colin Goodman, Jamie F. Chriqui, Ph.D., M.H.S., Frank J. Chaloupka, Ph.D. Feb 26, 1
2 Presentation Overview Research questions Background to motivate the research Study methods Findings from the study Implications for state and community tobacco control 2
3 Research Questions 3
4 BACKGROUND
5 Research Problem Tax Avoidance and Evasion (Cigarettes): 1) causes states to lose money every year 2) undermines public health objective of deterrence through higher taxes. 1 Taxation not keeping pace with consumption (OTPs): 1) Most OTPs are taxed at far lower rates than cigarettes 2) OTP consumption steadily risen, while cigarette smoking rates declining. 2 [1] Chaloupka, F. J., Straif, K., & Leon, M. E. (). Effectiveness of tax and price policies in tobacco control. Tobacco Control.; Chaloupka, F. J., Yurekli, A., & Fong, G. T. (2012). Tobacco taxes as a tobacco control strategy. Tobacco Control, 21(2), [2] (King, Brian A., Shanta R. Dube, and Michael A. Tynan. "Flavored cigar smoking among US adults: findings from the 2009 National Adult Tobacco Survey." Nicotine & Tobacco Research 15.2 (2013): , page 5) 5
6 Curtailing Tax Evasion through Encrypted Cigarette Stamps Stamps are main enforcement mechanism in 48/51 states How encrypted stamps help stop tax avoidance Multiple layers of authentification (i.e. not counterfeit) and verification (i.e. where came from) Allow state enforcement to immediately identify counterfeit stamps 6
7 New Federal Laws: Lower taxes on Pipe + Large Cigars 2009 Tobacco Control Act PACT Act 2014 FDA Deeming Rule FEDERAL TAX RATES: Little/small Cigars taxed the same as cigarettes Chewing Tobacco < Snuff Pipe < RYOT Closed tax loophole on online, mail-order sales: All taxes must be paid Reporting, delivery requirements on sellers of cigs, (RYOT), smokeless (snus, snuff) E-cigarettes Could regulate ingredients, age restrictions, etc. same as cigs 7
8 Percentages of Change in Cigarette, OTP Consumption, Cigarettes ( ) Roll-your-Own Pipe Little Cigars Large Cigars SOURCE: Centers for Disease Control and Prevention (CDC. "Consumption of cigarettes and combustible tobacco--united States, " MMWR. Morbidity and mortality weekly report (2012):
9 Loose Tobacco vs. Pipe Tobacco, Smoking Tobacco Sales Total US Market-Combined Convenience and FDM Stores (Nielsen) Sales Volume (in millions of ounces) Q1 Q2 Q3 Q4 Q Q Q Q Q Q Q Q Q Q Q Q Loose Tobacco Pipe Tobacco SOURCE: Jidong Huang, Frank Chaloupka. Prices and Sales of Tobacco Products from Commercial Scanner Data:
10 Disposable E-cigarette Sales, Disposable Electronic Cigarettes Volume and Price (US Market) Nielsen 18 Real_Price Volume Sales Prices (Real 2013 Q4 Dollars) Sales Volume (Thousands of Pieces) 8 Q1 Q2 Q3 Q4 Q Q Q Q Q Q Q Q Q Q Q Q SOURCE: Jidong Huang, Frank Chaloupka. Prices and Sales of Tobacco Products from Commercial Scanner Data:
11 METHODS
12 Methods Original legal research (Lexis + Westlaw Next) Boolean searches of the statutes, regulations, relevant agency opinions and (where appropriate) case law All 50 states and Washington, D.C. Laws in effect: Jan Jan. 1, 2014 All laws double-coded one year to refine coding protocol Inclusion criteria (cigs): explicitly states encrypted, digital stamps Inclusion criteria (OTPs): definitions Exclusion criteria: state Constitutions, sales tax laws, enabling laws, online delivery sales laws, MSA laws Secondary source verifications: CDC STATE System, NCI SCLD System, CTFK, NCSL, published articles, state department of revenue/taxation websites, etc. 12
13 Cigars Methods: Types of OTPs Cigarillos Little cigars Pipe RYOT Dry snuff Moist snuff Snus Smokeless Dissolvables E-cigarettes 13
14 RESULTS
15 Cigarette Stamping/ Recordkeeping Results
16 Cigarette Stamping/Recordkeeping Laws (as of 1/1/14) Encrypted stamps w/ anti-counterfeit technology Distinct stamps for certain tribes (e.g., federally Recognized, compacting, non-compacting) Recordkeeping requirements in lieu of stamping Distinct stamps (TX) or rates (AR) for border zones 16
17 Encrypted Stamp Laws California GOAL stop estimated $280 billion annual losses) Law 1 st eff. Jan. 1, 2005 (30162) Massachusetts GOAL stop/slow counterfeit stamps, easier authentication process, only MSA-approved cigs stamped Law 1 st eff. July 1, 2011 (64C, 30) Michigan GOAL fight tax evasion Law 1 st eff. June 20, 2012 ( a) **New Jersey Law 1 st eff. Oct. 31, 2008 (54:40A-11) NOT implemented 17
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