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As taxes and prices have gone up almost
everywhere else, Internet operations have grown here as ways for buyers
discount cigarettes online to avoid higher taxes in
their home states and, worse, for youths to avoid their discount
cigarettes online 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 unfair disadvantage and since it also allows Internet
customers to avoid discount cigarettes online paying
for the government services they enjoy.
For another, the rise of discount cigarettes online 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 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 discount cigarettes online 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 discount cigarettes online
there that is collecting taxes and verifying age," he said. Moreover,
added Matt Myers, president of the Campaign for Tobacco-Free Kids,
"Internet sales 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 discount
cigarettes online Internet 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
discount cigarettes online 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 discount
cigarettes 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 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 discount
cigarettes online 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, 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 discount cigarettes online 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 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 authorities in those states.In theory, the
recipients of the cigarettes are discount cigarettes online
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
discount cigarettes online 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 discount
cigarettes online home pages that they do not and will not
comply with the Jenkins Act. Their excuses - including claims of
exemption by American Indians - 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 discount cigarettes online 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 discount
cigarettes online and six months in the can. Near as the GAO
can tell, no one has been fined or jailed.State officials highly
recommend making Jenkins violations a felony.
