DRS: 12-313-17a, Schedule required under 2000 Conn. Pub. Acts 208 - Amended Effective 12/21/01

DRS has reproduced this regulation. This is an unofficial copy. Official copies of regulations ONLY are available from the Commission on Official Legal Publications, 111 Phoenix Avenue, Enfield, CT 06082,  colp@jud.state.ct.us. Copies of DRS forms and publications are available at http://www.ct.gov/drs

 

Amended effective 12/21/01 Old Version

 

Conn. Agencies Regs. Sec. 12-313-17a. Schedule required under 2000 Conn. Pub. Acts 208.

(a) Monthly schedule. As part of the monthly report that is referred to in section 12-293a of the general statutes and that is known as Form CT-15, in the case of a resident distributor, or Form CT-15A, in the case of a nonresident distributor, every affected distributor shall complete and attach to such report a schedule, in such form as is prescribed by the Department of Revenue Services and containing the information specified by subsection (b) of this section, to account for and reconcile the number of Connecticut heat-applied decals that are affixed to packages of cigarettes during the monthly period that is covered by the associated Form CT-15 or Form CT-15A, as the case may be.

(b) Required information.

(1) The schedule that is required to be filed by subsection (a) of this section shall contain the information that is specified by this subsection.

(2)

(A) The schedule shall list each manufacturer from which the affected distributor made direct purchases of packages of cigarettes that were actually manufactured by such manufacturer, and the number of Connecticut heat-applied decals that were affixed by the affected distributor to such packages of cigarettes that were purchased from each such manufacturer.

(B)

(i) For each such manufacturer so listed that is a participating manufacturer, the schedule shall list all cigarettes purchased from such manufacturer, the number of Connecticut heat-applied decals that were affixed to such packages of cigarettes by the affected distributor, and the number of cigarettes in such packages.

(ii) For each such manufacturer so listed that is a nonparticipating manufacturer, the schedule shall list, by brand, all cigarettes purchased from such manufacturer, the number of Connecticut heat-applied decals that were affixed to such packages of cigarettes by the affected distributor with respect to each such brand, and the number of cigarettes in such packages.

(3) The schedule shall also list all other suppliers from which the affected distributor made purchases of packages of cigarettes, including packages of cigarettes that were purchased from one manufacturer but that were actually manufactured by another manufacturer. Such list shall include all purchases that were made by the affected distributor during the month of packages of cigarettes, other than purchases that were made directly from the actual manufacturer of the cigarettes.

(4) For each separate supplier listed under subdivision (3) of this subsection, the schedule shall list all brands of cigarettes purchased from such supplier, the number of Connecticut heat-applied decals that were affixed to such packages of cigarettes by the affected distributor with respect to each such brand, and the number of cigarettes in such packages.

(5) For each brand of cigarette listed for each supplier under subdivision (4) of this subsection, the schedule shall list (A) the name of the manufacturer of such cigarettes, where such manufacturer intended the cigarettes to be sold in the United States, and indicate whether such manufacturer is a nonparticipating manufacturer, or (B) the name of the person or entity first responsible for such cigarettes being designated or identified for sale in the United States, where the actual manufacturer of such cigarettes did not intend such cigarettes to be sold in the United States, and indicate whether such person or entity first responsible for such cigarettes being designated or identified for sale in the United States is a nonparticipating manufacturer. The schedule shall also list any other information as may be required by the Department of Revenue Services.

(c) Filing on magnetic media or filing electronically. Upon sixty days’ written notice to an affected distributor, the Department may require an affected distributor to file the schedule that is required by subsection (a) of this section for a month ending on or after such sixtieth day on magnetic media or in an electronic format, the specifications for which are furnished to the affected distributor in such written notice. If such notice is given by the Department, the affected distributor shall not be permitted to file such schedule with the Department using paper forms, and filing such schedule using paper forms shall be treated as a failure to comply with the provisions of this section.

(d) Recordkeeping. An affected distributor shall keep complete and accurate records to support the information that is required by subsection (b) of this section to be reported on the schedule that is required by subsection (a) of this section.

(e) Failure to comply. Failure of an affected distributor to comply with the provisions of this section by not filing the schedule required by subsection (a) of this section, or by not furnishing complete and accurate information as required by such schedule, shall be deemed a violation of this section, and the license of the affected distributor shall be subject to suspension or revocation under section 12-295 of the general statutes.

(f) Definitions. For purposes of this section, (1) ‘‘Connecticut heat-applied decals’’ means the heat-applied decals that are affixed to packages of cigarettes as evidence of the payment of the tax imposed under chapter 214 of the general statutes; (2) ‘‘affected distributor’’ means a person who has been issued a distributor’s license under chapter 214 of the general statutes and who affixes Connecticut heat-applied decals to packages of cigarettes; (3) ‘‘nonparticipating manufacturer’’ means any tobacco product manufacturer, as defined in section 4-28h of the general statutes, that is required to place funds into escrow pursuant to subsection (a) of section 4-28i of the general statutes; (4) ‘‘participating manufacturer’’ means any participating manufacturer, as that term is defined in section II(jj) of the master settlement agreement; (5) ‘‘master settlement agreement’’ means the master settlement agreement, as defined in section 4-28h of the general statutes; and (6) ‘‘cigarette’’ means cigarette, as defined in section 12-285 of the general statutes.

Effective December 21, 2001.

 

Statement of purpose: On June 1, 2000, 2000 Conn. Pub. Acts 208, An Act Concerning the Regulation of Certain Cigarette Manufacturers (‘‘Act’’), was signed into law. The enactment of this legislation was necessary so that the State of Connecticut could meet certain obligations pursuant to the Master Settlement Agreement (‘‘agreement’’) that was entered into on November 23, 1998, by leading United States tobacco product manufacturers and 46 states, including the State of Connecticut, thereby ensuring that the State of Connecticut will receive its apportioned amount of certain payments made or to be made pursuant to the Agreement by the tobacco product manufacturers participating in the agreement. The Act, which took effect July 1, 2000, imposes specific responsibilities upon the Department of Revenue Services with regard to collecting certain data and information related to the amount of Connecticut cigarette tax paid on cigarettes manufactured by tobacco product manufacturers not participating in the Agreement (nonparticipating manufacturers) and sold to consumers within Connecticut, whether directly or through a distributor, dealer or similar intermediary or intermediaries. The Act further requires the Department of Revenue Services to adopt such regulations as are necessary to ascertain such data and information. During December 2000, the Department of Revenue Services proposed, and the Regulation Review Committee approved, the adoption of three new cigarette tax and tobacco products tax regulations pertaining to the collection of such data and information and the amendment of one existing cigarette tax regulation pertaining to recordkeeping.

Section 12-313-17a of the Regulations of Connecticut State Agencies, which is one of those three new regulations that were approved by the Regulation Review Committee during December 2000, requires each affected distributor to file a schedule (known as Schedule H) as part of the affected distributor’s monthly cigarette tax report. Since that regulation was approved, the Department of Revenue Services and the Office of the Attorney General have concluded that two changes should be made to Schedule H in order to make enforcement of the Act by the Department of Revenue Services and the Office of the Attorney General more effective. Because Section 12-313-17a describes the items that are required to be entered on Schedule H, the Department of Revenue Services proposes to amend the regulation before it makes those changes to Schedule H.

The proposed amendment to the regulation will require an affected distributor purchasing cigarettes directly from their manufacturer to indicate, in completing Schedule H, whether the manufacturer is a nonparticipating manufacturer. If the manufacturer is a nonparticipating manufacturer, the proposed amendment to the regulation will require the affected distributor, in completing Schedule H, to list, by brand, all cigarettes purchased from the nonparticipating manufacturer. The proposed amendment to the regulation will also require an affected distributor purchasing cigarettes from any person other their manufacturer to indicate, in completing Schedule H, whether the manufacturer is a nonparticipating manufacturer.

The Department of Revenue Services will provide a list of participating manufacturers to affected distributors, and advise affected distributors that any person which is not on the list of participating manufacturers is a nonparticipating manufacturer.