Tobacco excise tax now applies to roll-your-own cigarettes

If you don’t smoke, you might not be aware of the taxes placed on cigarettes sold in this state. And if you don’t smoke, you’ve probably been out of the loop on recent discussions pertaining to taxing loose/pipe tobacco. Pipe tobacco is sold by tobacco shops for tobacco pipe users, but it is also sold in shops that offer roll-you-own packs and cartons of cigarettes. The roll-your-own cigarettes are taxed at an extremely discounted rate, thus gaining appeal with the consumer that wants to spend less on their tobacco.

A pack of 20 cigarettes is taxed $3.025 in Washington State. The tax rate previously was $2.025 but went up a dollar in 2010. We rank 5^th in the country for the amount we tax cigarettes. In addition to the state tax, cigarettes are taxed an additional $1/pack by the federal government. New York taxes the most at $4.35/pack while the least taxed cigarettes can be found in Missouri at only 17¢/pack.

This tax is paid as soon as the cigarettes are brought into Washington State. The cigarette tax is not paid directly by the consumer; rather the seller of the cigarettes has to pay the tax on each pack of cigarettes before they are sold to the consumer. That being said, the increase in cigarette taxes certainly increases the price the consumer pays for cigarettes. 

The monies collected from the state’s cigarette tax go into the state’s general fund, except for 14% that is deposited into the Education Legacy Trust Account. This account is created in the State Treasury and goes towards expanding access to higher education.

Cigarettes aren’t just subject to the state cigarette tax; they also charged sales tax (for more information check out the Department of Revenue). Depending on where you are located, the sales tax differs. If you make a purchase in Olympia, you’re going to be paying .087¢ for every dollar. See how your county compares with others.

In 2009, Congress raised taxes on roll-you-own tobacco, but some companies were able to skirt this tax by changing the way they labeled their tobacco calling it pipe tobacco instead of roll-you-own tobacco. This loophole made it so that the roll-you-own stores could continue to sell the cheaper cigarettes without having to pay the new tax. Even in 1933, state legislators contemplated a large increase in tobacco tax as a way to raise revenue. Just like present day, store owners in 1933 didn’t think this was the best way to go about raising revenue.

During the 2012 Legislative Session, Representative Kirby from Lakewood sponsored House Bill 2565, Concerning persons who operate roll-your-own cigarette machines at retail establishments. The bill would make roll-you-own cigarettes taxable at the cigarette tax rate. Those testifying to legislative committees in opposition to the bill stated it would cost the state jobs and small businesses operating roll-you-own machines would have to shut down. Proponents on the other hand felt that competition should be fair and both manufactured cigarettes and roll-your-own cigarettes should be taxed the same.

House Bill 2565 passed the legislature, and Governor Gregoire is scheduled to sign the bill into law on May 2, 2012. We’ll just have to stay tuned to see if any part of it gets vetoed!