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Wyoming Information









Tobacco Taxes


Wyoming's excise tax per pack of cigarettes: $0.600
Wyoming's excise tax collection for the
fiscal year ending June 2002: $5,369,000

Sales tax on tobacco products: 4.00%

Federal excise tax per pack of cigarettes: $0.39
Total federal excise tax collections in fiscal year 2002: $7,512,700,000



Who Profits from
Cigarette Sales?


click for larger view






Comparing Excise Taxes on Cigarettes, Beer and Wine









click for larger view

Number of six-packs of beer that must be sold in Wyoming to produce the same state excise tax revenue generated by one carton of cigarettes: 106.7








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Number of bottles of wine that must be sold in Wyoming to produce the same state excise tax revenue generated by one carton of cigarettes: 21.6







Wyoming Smokers' Contributions
to the State Economy - 2002



Wyoming smokers comprise only 22.2%1 of the adult population in the state. Here is what they already pay because they choose to buy a legal product:





















Smokers Pay Excise Taxes2 $ 5,369,365
Smokers Pay Sales Taxes2 $ 5,987,697
Smokers Pay Tobacco Settlement Payments3 $ 1,770,456
  $ 13,127,518



Smokers' Economic/Tax Profile


 



  • Income







    Wyoming smokers' median income 20011 $ 31,552
@@START_COMMENT

  • Wyoming State Tax Liability for Median Income Smoker4











    Annual state income tax liability for a couple $
    Annual state income tax liability for a couple with two children $
@@END_COMMENT

  • Smoker Excise Tax/Sales Tax/Tobacco Settlement Payments Liability5















    Total average paid per Wyoming smoker in excise and sales taxes $ 140
    Cost per Wyoming smoker for settlement payments to Wyoming $ 219
    Total annual payment to Wyoming per smoker $ 359




     


    Wyoming Smoker Facts6



    • Total smokers' payments to Wyoming in FY2001 were:

      • More than twenty-one times as large as FY2001 state alcohol excise taxes ($1.35 million).
      • Larger than FY2001 hunting and fishing license revenue ($24.7 million).
      • Nearly four times as large as death and gift tax collections ($7.8 million) in FY2001.
      • More than twice as large as insurance premium taxes (13.3 million) in FY2001.

    • Smokers' payments in FY2002 were large enough to provide 2003-2004 biennium appropriations (BOTH FISCAL YEARS!) for:

      • The Department of Agriculture ($17.6 million) AND the Public Defenders Office ($10.3 million)    OR
      • State Parks and Historical Sites ($20.2 million)    OR
      • Vocational Rehabilitation ($27.9 million)    OR
      • Wyoming Kid Care ($8.9 million) AND Community Mental Health ($17.5 million)     OR
      • Early Childhood Development ($24 million).











    TOTAL SMOKER CIGARETTE PAYMENTS TO WYOMING






















    Per year: $ 13,127,518
    Per day: $ 35,941
    Per hour: $ 1,498
    Per minute: $ 25
    Per second: $ 0



    CIGARETTES DON'T PAY TAXES -
    WYOMING SMOKERS DO!!


     



    1. Centers for Disease Control's Behavioral Risk Factor Surveillance System, 2001
    2. Orzechowski & Walker, Arlington, Virginia; from state revenue department
    3. PriceWaterhouseCooper
    4. U.S. Census Bureau, 2000 state population and Centers for Disease Control's Behavioral Risk Surveillance System, 2001
    5. Tax and Budget Comparisons are from the U.S. Census Bureaus and the State of Wyoming's Administration and Information, Budget Division, 2003-2004 Supplemental Budget Documents. Available online at http://ai.state.wy.us/budget/agcybudget0304.asp.


     






    Master Settlement Agreement Payments To Date



    $57,911,830 has been paid to Wyoming since the Master Settlement Agreement was signed on November 23, 1998.



     





    Wyoming Tobacco Laws


    A summary of Wyoming state law is provided below
    (for specific questions regarding state law, contact your legal advisor.)






























    Minimum Age Customers must be 18 years or older to purchase tobacco products.
    Restricted Products Tobacco products, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
    Acceptable Forms of Identification Motor vehicle driver's license, a registration certificate issued under the Federal Military Selective Service Act, an identification card issued to a member of the armed forces, an internationally accepted passport document with a discernible date of birth and photograph or an identification card issued by the Department of Revenue.
    Fine/Penalty Schedule for Selling to Minors Individuals who violate this provision will be guilty of a misdemeanor punishable by a fine of not more than $50 for the first violation; $250 for the second violation within 24 months; and $750 for a third or subsequent violation within 24 months. For all violations, the court may allow the defendant to perform community service and be granted credit against his or her fine at the rate of $5 per hour. Retailers who violate this provision will be guilty of a misdemeanor punishable by a fine of not more than $50 for the first violation; $250 for the second violation within 24 months; $750 and an injunction to prohibit the sale of tobacco in the retail establishment for up to 180 days for a third or subsequent violation within 24 months.
    Affirmative Defense It is an affirmative defense if the person who sold the tobacco product was presented with, and reasonably relied upon, an identification card, which identified the person buying or receiving the tobacco product as being over 18 years of age. No fine shall be imposed upon the retailer for a first offense if the retailer can show that it had adopted and enforced a written policy against sales to minors, informed its employees of the applicable laws, required employees to verify age by way of photographic identification or electronic scanning device and established and imposed disciplinary sanctions for noncompliance.
    Minor Possession The purchase, attempted purchase, possession, or use of tobacco products or misrepresentation of age or use of false identification by minors is prohibited. Violators will be guilty of a misdemeanor punishable by a fine of up to $50 for the first violation; $250 for the second violation within 24 months; $750 for a third or subsequent violation within 24 months. In lieu of a fine, the court may allow the defendant to perform community service or attend a tobacco cessation program and be granted credit against his or her fine at the rate of $5 per hour.
    Sign Requirement

    A sign must be posted at or near every display of tobacco products. Signs must be plainly visible and must contain the statement that the sale of tobacco products to persons under 18 is prohibited. Failure to post signs will result in a fine of up to $50 for the first offense; $250 for the second violation within 24 months; $750 and an injunction to prohibit the sale of tobacco in the retail establishment for up to 180 days for a third or subsequent violation within 24 months. Each day of violation will be considered a separate offense.
    Compliance Checks As a condition of receiving federal substance abuse block grant funds, federal law requires the State of Wyoming to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. The Department of Health coordinates the inspections.
    DISCLAIMER: This information summary is provided as a service of the Coalition, but is not intended to provide legal advice or analysis. These summaries are not intended to be complete representations of state law, which may contain additional rules and restrictions relating to tobacco products not mentioned in this summary, as well as retailing prohibitions related to matters including, but not limited to, state required training, minimum pack size, the sale of loose cigarettes and other restrictions. Retailers should not rely on these summaries as complete or accurate descriptions of applicable federal, state or local law. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from state law. These summaries are not intended to be complete representations of state law.







    The reprinting of this information from the Coalition, does not constitute a representation or admission by RJRT that such information is accurate, complete, or a proper characterization of the laws concerned. The Coalition for Responsible Tobacco Retailing is a cooperative effort among retailers, wholesalers and manufacturers who share a common goal: to do all they can to prevent tobacco sales to minors.






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