Tobacco Retailing - Tax Evasion - Motor Fuels - Beverage Retailing - Store Operations - Positions

NYACS POSITIONS ON 2011 TAX EVASION ISSUES

Restore fairness in taxation of cigarettes and motor fuel.
    New York’s convenience store industry continues to bleed billions of dollars in sales annually – and the State is losing over $1 billion in tax revenue – due to a cigarette and motor fuel tax evasion epidemic caused by the State’s insistence on increasing excise tax rates without closing off channels for routinely dodging those taxes. Mom-and-pop retailers need and deserve immediate relief from the ill effects of this pervasive problem.
   •  The 58% cigarette excise tax hike of July 1, 2010 should be suspended until the federal courts get out of the way of the tax fairness initiative that was supposed to mitigate the economic harm to tax-collecting retailers.
   •  Once tax collection on tribal sales to the public is implemented, Native American-made cigarettes sold to non-Indian New Yorkers should be subject to tax as well as national brands.
Curbing motor fuel tax evasion on Indian land is equally important.
   •  Late in the 2010 session, the Legislature unwisely relinquished its duty to ratify any negotiated tax agreements with Native American tribes. That power should be restored.

Resources on the Tax Fairness Issue
Police Seize Cigarettes on Poospatuck Resveration (8/09)
Testimony of NYS Deputy Tax Commissioner at State Senate Hearing 10-27-09
Appendix to NYS Deputy Tax Commissioner Testimony State Senate Hearing 10-27-09
Calvin's Commentary 10-28-09
NYACS Letter Urging Support of PACT Act of 2009
NYACS Testimony at State Senate Investigations Committee Hearing 1-26-10
Enforce the Law/Collect the Tax Coalition Press Release 3/2/10
Enforce the Law/Collect the Tax Coalition Outline 3/2/10
Enforce the law/Collect the Tax Radio Commercial 3/10
Memo in Support of Klein Chapter Amendment June 2010
Letter to Erie County Legislators July 2010
Enforce the Law/Collect the Tax Coalition August 2010
Seneca Complaint August 2010
Enforce the Law/Collect the Tax Coalition Press Release 8-26-10
NYACS Amicus Brief - Seneca Case 8-26-10
NYACS Amicus Brief Second Circuit 1-21-11

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