selling tax free cigarettes online website to new york residents, is it a sales taxable event?

4 Answers

  • Favorite Answer

    If you are the seller, you had better keep accurate customer records. NYS will be requesting your customer records for all shipments to NYS and you are required by federal law to comply with the request. A subpoena is NOT required.

    If you are located in NYS, you must comply with all NYS sales tax and tobacco excise laws. If you are not located in NYS, you can't be compelled to comply with those laws (yet, anyway) but your customers must pay the relevant taxes. That's why the law allows states to demand customer records, in order to track down tax cheats and collect the taxes that they owe.

    If you are buying tobacco on-line and live in NYS, be sure to pay the tobacco and sales taxes before NYS comes looking for them. NYS residents (and a few other states) have been hit with 4 and 5 figure tax bills for tobacco products purchased on line without payment of the NYS taxes.

  • 9 years ago

    It is for the buyers. NY WILL come after them for the taxes. Keep good records, b/c you WILL hear from the state of NY wanting a list of people who bought from you and what they purchased.

  • Bob F
    Lv 7
    9 years ago

    Are you in New York or have any physical presence for your business in NY? The majority of states require you to charge sales tax if you have any physical presence in that state.


  • Anonymous
    7 years ago

    No, as long as the products purchased are for personal use and not for resale

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