Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 8210. Liability for collection of tax

(a) Every person shall be liable to pay into the State Treasury, through the department, the tax imposed by this article on all cigarettes received by him to which Pennsylvania cigarette tax stamps have not been previously affixed, the tax paid, or exempted by the provisions of this article.  Nothing in this section shall relieve a cigarette stamping agency from its liability to pay the tax imposed by this article on all cigarettes received by it to which Pennsylvania cigarette tax stamps have not been previously affixed, the tax paid, or exempted by the provisions of this article.

(b) For sales to a retailer of cigarettes not required to be stamped under section 1215,  1 the retailer shall be required to pay the tax imposed by this article to the wholesaler or other seller of the cigarettes.  The wholesaler or other seller shall be liable to collect and remit the tax to the department.  Failure of the seller or retailer to obtain the applicable license shall not relieve the seller or retailer of the liability to pay the tax imposed under this article.