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Current as of January 01, 2024 | Updated by FindLaw Staff
a. There is imposed a tax of 30% upon the wholesale price upon the sale, use, or distribution of a tobacco product within this State, except that if the product is:
(1) moist snuff, the tax shall be imposed as provided in section 3 of P.L.2006, c. 37 (C.54:40B-3.1); or
(2) liquid nicotine, the tax shall be imposed as provided in section 5 of P.L.2018, c. 50 (C.54:40B-3.2).
b. Unless a tobacco product has already been or will be subject to the wholesale sales tax imposed in subsection a. of this section, if a distributor or wholesaler uses a tobacco product within this State, there is imposed upon the distributor or wholesaler a compensating use tax of 30% measured by the sales price of a similar tobacco product to a distributor, except that if the product is moist snuff or liquid nicotine, the tax shall be imposed as provided in section 3 of P.L.2006, c. 37 (C.54:40B-3.1) or section 5 of P.L.2018, c. 50 (C.54:40B-3.2), respectively.
c. Unless a wholesale use tax is due pursuant to subsection b. of this section, if a distributor or wholesaler has not paid the wholesale sales tax imposed in subsection a. of this section upon a sale that is subject to the wholesale sales tax imposed in that subsection a., there is imposed upon the retail dealer or consumer chargeable for the sale a compensating use tax of 30% of the price paid or charged for the tobacco product, except that if the product is moist snuff or liquid nicotine, the tax shall be imposed as provided in section 3 of P.L.2006, c. 37 (C.54:40B-3.1) or section 5 of P.L.2018, c. 50 (C.54:40B-3.2), respectively, which shall be collected in the manner provided in subsection b. of section 5 of P.L.1990, c. 39 (C.54:40B-5).
Cite this article: FindLaw.com - New Jersey Statutes Title 54. Taxation 54 § 40B-3 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-54-taxation/nj-st-sect-54-40b-3/
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