Vaping FAQs

is vaping taxed

by Garrett Cronin II Published 2 years ago Updated 1 year ago

What is a vape tax?

One of the most common forms of vape tax is assessed at retail. Some taxes cover all vaping products (like New York State’s 20% tax), and others target e-liquid only. Often the tax is only charged on sales of nicotine-containing e-liquid.

How many states have vapor tax on vapor products?

Twenty-one states and the District of Columbia levy taxes on these products, while several localities levy the tax independently from their states. There is no federal tax on vapor products. This week’s map shows where state vapor taxes stand as of June 1, 2020.

Which states have the lowest vape taxes?

However, out of the states that do tax vaping products, one of the lowest is percentage-based taxes is New Hampshire at 8% of wholesale price for open vaping products. Delaware, Kansas, Louisiana, North Carolina, and Wisconsin are also some of the lowest at $0.05/ml. Need Help with Vape Compliance?

Is there a tax on vaping in Minnesota?

The tax applies to products with and without nicotine. The law requires consumers to produce proof that their vaping products have been taxed, or they are subject to seizure and a fine of $5,000 for the first offense, and $25,000 for additional offenses In 2011 Minnesota became the first state to impose a tax on e-cigarettes.

How do vape taxes work?

How much is the tax on vaping in Chicago?

What is the tax on vaping?

What states have a tax on vaping?

Why is vaping a tax target?

When will Indiana vape tax be imposed?

When did Minnesota start taxing e-cigarettes?

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Vape & E-Cig Tax By State for 2022 | Current Rates in Your State

See the current vape tax rates for your state as of October 2022. Some states tax open and closed vaping products differently. Open: Allows the user to refill the liquid and has more freedom in voltage and nicotine levels.

Vape Excise Tax Breakdown by State | Vape Royalty

State by State Breakdown of Excise Taxes. In December 2020, a congressional amendment to the PACT Act was signed into the law as part of the omnibus spending bill.

State Excise Taxes on Vaping Products - Electric Tobacconist

California Proposition 65. WARNING: Products found on this website can expose you to nicotine, which is known to the State of California to cause birth defects.

Federal Vape Tax Reappears in “Build Back Better”—New Cigarette ...

O ver the past few weeks, vaping activists have finally had some cause to cheer.. Youth vaping rates, long used as a stick to beat harm reduction, steeply declined in 2021, according to the Centers for Disease Control and Prevention (CDC). Some statewide flavor bans have been, at least temporarily, defeated.One vaping product at last received authorization from the Food and Drug Administration ...

How Do You Tax Vaping?

Before we look at the deeper issues surrounding “sin taxes” – particularly when applied to vaping – let’s take a look at how taxes on vaping work and we’re they’re being applied.

Is Vaping Really a “Sin”?

So, back to vaping and the obvious question: is vaping “sinful”? Should we be taxed for quitting smoking using an approach that somebody, somewhere has decided is sufficiently enjoyable to justify charging us extra money for? It would be virtually impossible to imagine a sin tax being levied against long-term users of nicotine gum, but because vaping is an inherently pleasurable pastime, we’re seen as targets for the latest round of government fund-raising.

Why do we have sin taxes?

But sin taxes maintain their appeal for simple reasons. Firstly, governments like money, and taxing products like cigarettes and alcohol is a great way to raise a lot of it. Secondly, it’s quite easy to sell to the public, because not all of them will have to pay the tax, only the “sinners.” Moreover, the moves are usually (incorrectly) pitched as a way to offset the costs to the “saints” (i.e. non-indulgers) in society from the sinners’ habits. Effectively, the attitude is “just tax the smokers; they shouldn’t be doing it anyway.” It’s moralistic and paternalistic, but it’s a much easier sell than raising income tax.

Why do people vape?

The reason is obvious. One of the big benefits of vaping, and one of the reasons many smokers are drawn to it, is that it saves you money in comparison to smoking. It doesn’t do quite as good a job on the nicotine front, though, and although vapers generally start to prefer vaping to smoking, for a smoker it might not be that appealing. However, alongside reducing the risk from your nicotine habit, the cost-savings are a pretty big part of the appeal.

Why tax e-cigarettes?

It amounts to saying that something which is much safer than cigarettes, and which – for the good of smokers’ health – we should be encouraging switching to, should be taxed as a sin because it isn’t completely safe.

What can we say to fellow sinners?

All we can really say is: vape on, fellow sinners.

How many states have taxes in the pipeline?

Finally, ten states have taxes in the pipeline:

What is tax base for vaping?

The tax base is the total amount of income, property, assets, consumption, transactions, or other economic activity subject to taxation by a tax authority. A narrow tax base is non-neutral and inefficient.

What is excise tax?

An excise tax is a tax imposed on a specific good or activity. Excise taxes are commonly levied on cigarettes, alcoholic beverages, soda, gasoline, insurance premiums, amusement activities, and betting, and make up a relatively small and volatile portion of state and local tax collections.

How many smokers are deterred from smoking in Minnesota?

A recent publication found that 32,400 smokers in Minnesota were deterred from quitting cigarettes after the state implemented a 95 percent excise tax on vapor products. As such products fall outside the domain of cigarette taxes, several states and localities have created specific vapor product excise taxes, and some have simply expanded their ...

What is the wholesale tax rate in Minnesota?

Of those that tax wholesale values, Minnesota tops the list with a 95 percent rate, but the District of Columbia comes in second at 91 percent. Massachusetts follows at 75 percent. Delaware, Kansas, Louisiana, and North Carolina all share the lowest per milliliter rate ($0.05).

Is there a tax on vapor?

There is no federal tax on vapor products. This week’s map shows where state vapor taxes stand as of June 1, 2020. Vapor taxing methods vary. Authorities tax base d on price ( ad valorem ), volume (specific), or with a bifurcated system that has different rates for open and closed tank systems.

Is vaping a substitute for cigarettes?

Vapor products and cigarettes can be economic substitutes . That means high excise taxes on harm-reducing vapor products risk harming public health by pushing vapers to go back to smoking. A recent publication found that 32,400 smokers in Minnesota were deterred from quitting cigarettes after the state implemented a 95 percent excise tax on vapor products.

Which states have bifurcated rates?

Connecticut, New Hampshire, New Jersey, New Mexico, and Washington have bifurcated rates, but Washington is the only state to have specific rates for both open and closed systems.

What is specific volume taxing?

Specific volume taxing (per milliliter of e-liquid) – this type of vape tax targets vape juices so it affects the sellers of bottled nic-containing e-liquids more than retailers who are selling products such as JUUL or disposable e-cigs. Basically, it’s a nicotine tax that favors the tobacco industry because they usually sell products that are classified as pod vapes and cigalikes.

Why are vape taxes popping up?

Suffice it to say that, all over the world, vape taxes are popping up as governments see a decrease in tax revenue coming from tobacco sales.

Why do we have excise taxes?

There are a lot of reasons why the government might wish to exercise its right to place an excise tax on a product: First and foremost, to raise money for the city, state, or the federal government.

What is the purpose of a medical insurance policy?

To mitigate the negative effects of products (cover medical/environmental costs).

Is vaping taxed?

Of course, excessive taxation of vape products can lead to loss of jobs for states. Small vape shops and vape manufacturers often board up their doors once they can no longer sell reasonably-priced products. Because of that, taxation of vaping is a difficult subject for many lawmakers — they have to walk the thin line between pleasing their voters (and not hurting their economy) and rubbing elbows with powerful organizations such as the Truth Initiative, American Lung Society, and the American Cancer Association (all groups that are consistently lobbying for heavy-handed taxation of vapes or even banning them outright).

Is vaping a competition?

Vaping and e-cigarettes are viewed as competition to traditional tobacco products, and that competition is driving down tobacco tax revenue. For example, according to Statista, in 2010, the states collected $17.16 billion from the excise tax on tobacco — in 2019, they collected $12.46 billion. That’s a loss of nearly 5 billion dollars.

Does vaping affect sales?

So the math is very simple — the fewer the people that smoke, the less money the states make. As more people pick up vaping in an attempt to quit smoking, cigarette sales go down. That loss in revenue has to be recouped somehow – and that’s how we ended up with excise tax on vaping and e-liquids.

What is the difference between open and closed vaping?

Some states tax open and closed vaping products differently. Open: allows the user to refill the liquid and has more freedom in voltage and nicotine levels. Closed: Usually sold as pods or cartridge. Closed systems often have higher nicotine levels to allow for consumption of the desired amount of nicotine in shorter sessions.

Does New Hampshire have a tax on vaping?

There are several states that do not have excise taxes on vaping products at all. However, out of the states that do tax vaping products, one of the lowest is percentage-based taxes is New Hampshire at 8% of wholesale price for open vaping products.

Which state has the highest wholesale tax rate?

That said, the jurisdiction with the highest percent of wholesale tax rates is Minnesota at 95%.

Do you pay taxes on e-cigarettes?

There are currently no federal excise taxes on e-cigarettes. They could be coming soon though. There is already federal legislation affecting sellers of vaping products. Federal vape taxes could be next.

Where does the tax revenue go for smoking cessation?

Some states dedicate a portion of tax revenues to smoking cessation programs and health care. For many the revenue ends up in the general fund.

Which states have the lowest alcohol tax?

Delaware, Kansas, Louisiana, North Carolina, and Wisconsin are also some of the lowest at $0.05/ml.

How many states have vapor taxes?

Eight states and the District of Columbia levy a statewide excise tax on vapor, and three states are home to localities that have started to apply excise taxes to the products. This week’s map shows where state and local vapor taxes stand as of January 1, 2018.

Why are there no taxes on vapor?

Advocates of lower or no taxes on vapor products argue that high taxes could discourage current cigarette smokers from using vapor as a tool for quitting traditional cigarettes. Proponents of higher taxes assert that the health risks of vapor usage are unknown and any chance of young people picking up the habit is not worth the risk.

Which state has the highest excise tax?

Of the states that tax the wholesale value, Minnesota is the highest by far (95 percent), followed by California (65.08 percent).

Which states have the lowest per milliliter rate?

Louisiana, North Carolina, Kansas, and Delaware have the lowest per milliliter rate ($0.05). There is a broader conversation about the relative risk of vapor products compared to traditional cigarettes.

When did electronic cigarettes come out?

March 28, 2018. Scott Drenkard. Scott Drenkard. Vapor products, also known as electronic cigarettes, have become a common sight at gas stations, convenience stores, and stand-alone vapor shops since their market debut in 2007.

Do volume taxes apply to e-liquid?

One notable advantage to taxing the products based on volume (per milliliter) as opposed to based on price ( ad valorem) is that volume taxes do not apply to the delivery device when the e-liquid and electronic device are sold together.

How are cigarettes taxed?

Different tobacco products are taxed in different ways: cigarettes are taxed per pack, other tobacco products are typically taxed as a percentage of price, and vaping products are taxed either per ounce of vaping liquid or as a percentage of price (depending on the product and the state). All tobacco-related taxes are collected from ...

How many states have vaping taxes in 2021?

How much do vaping tax rates differ across states? In the past few years, many states and localities have added taxes on e-cigarettes and vaping products. In 2021, 29 states and the District of Columbia tax these products. Additionally, there are local taxes on vaping, but no state tax, in Alaska and Nebraska.

What percentage of tobacco is taxed?

Most state tax " other tobacco products " as a percentage of price, ranging from 5 percent of wholesale price in South Carolina to 95 percent in Minnesota. However, a few states levy a per ounce tax on products like snuff and chewing tobacco.

How much is the cigarette tax in Illinois?

The cigarette tax rate paid by consumers are higher in some states when local taxes are included, though. For example, Illinois’s state tax rate is $2.98 per pack but the consumer pays $7.16 per pack when taxes the city of Chicago and Cook County are included.

How much is vaping tax?

A 2019 State Tax Actions survey from the National Conference of State Legislatures found revenue estimates for new state vaping taxes ranged from $1 million to $10 million annually..

How much revenue do state and local governments raise from tobacco taxes?

How much revenue do state and local governments raise from taxes on cigarettes and vaping? State and local governments collected $20 billion in revenue from tobacco taxes in 2018, which was 0.6 percent of state and local general revenue. State taxes accounted for 98 percent of tobacco tax revenue in 2018. The Census Bureau does not break out tax ...

What percentage of tobacco taxes are state taxes?

State taxes accounted for 98 percent of tobacco tax revenue in 2018. The Census Bureau does not break out tax revenue from different tobacco products, but tobacco tax revenue largely comes from taxes on cigarettes.

How do vape taxes work?

Most U.S. consumers pay a state (and sometimes also local) sales tax on the vaping products they purchase, so governments already benefit from vape sales even before excise taxes are added. Sales taxes are usually assessed as a percentage of the retail price of the products being purchased. In many other countries, consumers pay a “value added tax” (VAT) that works the same way as a sales tax. As for excise taxes, they come in a couple of basic varieties.

How much is the tax on vaping in Chicago?

Chicago assesses a $1.50 per unit tax on any vaping product containing nicotine (bottled e-liquid or prefilled devices) and a separate $1.20 per milliliter tax on the liquid itself. (Chicago vapers have to also pay the $0.20 per mL Cook County tax.) Because of the excessive taxes, some vape shops in Chicago sell zero-nicotine e-liquid and shots of DIY nicotine to avoid the high per-mL tax on the larger bottles

What is the tax on vaping?

One of the most common forms of vape tax is assessed at retail. Some taxes cover all vaping products (like New York State’s 20% tax), and others target e-liquid only. Often the tax is only charged on sales of nicotine-containing e-liquid.

What states have a tax on vaping?

Louisiana. A $0.05 per milliliter tax on nicotine-containing e-liquid. Maine. A 43% wholesale tax on all vaping products. Maryland. A 6% sales tax on all open-system vaping products (including e-liquid) and a 60% tax on e-liquid in containers with a capacity under 5 milliliters (pods, cartridges, disposables).

Why is vaping a tax target?

Because vapor products are usually bought by smokers and ex-smokers, tax authorities correctly assume that money spent on e-cigarettes is money not being spent on traditional tobacco products. Governments have depended upon cigarettes ...

When will Indiana vape tax be imposed?

The new tax will be 25% of wholesale cost on closed-system products like prefilled pods, and 15% at retail (a sales tax) on open-system products like bottled. The tax will take effect July 1, 2022.

When did Minnesota start taxing e-cigarettes?

In 2011 Minnesota became the first state to impose a tax on e-cigarettes. The tax was originally 70% of wholesale cost, but was increased in 2013 to 95% of wholesale on finished products that contain nicotine (cigalikes, pod vapes, bottled e-liquid) and are transported in from out of state.

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