58.1-1003.2 - Roll-your-own tobacco cigarette excise tax; how paid; stamping process; records of stamping agents.

§ 58.1-1003.2. Roll-your-own tobacco cigarette excise tax; how paid; stampingprocess; records of stamping agents.

A. The taxes imposed by subsection B of § 58.1-1001 shall be paid by thestamping agent at the time he files the return required pursuant to thissection. Upon payment of the tax and production and transmission of thedocumentation required by this section, the subject roll-your-own tobaccoshall be deemed to bear the Virginia revenue stamp otherwise required by thisarticle.

B. Unless specifically provided otherwise in this section, the requirementsfor paying tax and filing returns relating to roll-your-own tobacco with theDepartment shall be as provided in Article 2.1 (§ 58.1-1021.01 et seq.) ofthis chapter.

C. Any manufacturer of roll-your-own tobacco who ships, delivers, orotherwise causes roll-your-own tobacco to be transported to a wholesaledealer, retail dealer, or stamping agent located within the Commonwealthshall include on an invoice accompanying each such shipment a listing of allroll-your-own tobacco included in the shipment by manufacturer, brand family,and brand style and the total weight in ounces of each such brand style. Themanufacturer shall also include on the invoice the manufacturer's salesprice, as that term is defined in § 58.1-1021.01, for all roll-your-owntobacco included in the shipment by manufacturer, brand family, and brandstyle.

D. Any stamping agent who pays the cigarette excise tax imposed by thisarticle on roll-your-own tobacco shall include, on an invoice accompanyingeach shipment he initiates that includes roll-your-own tobacco, a listing ofall roll-your-own tobacco included in the shipment by manufacturer, brandfamily, and brand style and the total weight in ounces of each such brandstyle. In addition, the stamping agent shall note on each such invoice thathe has paid or will pay the cigarette excise tax imposed by this article. Aninvoice prepared in accordance with this subsection shall be deemed thecigarette revenue stamp otherwise required by this article. Any wholesaler,distributor, or entity of any kind that subsequently ships the roll-your-owntobacco, or some portion of it, shall (i) cause a copy of the invoice toaccompany such subsequent shipment, and (ii) indicate on an invoice preparedby the subsequent shipper any changes in quantity from that reflected in theinitial invoice.

(2006, c. 768.)