HRS § 245-3 — Taxes


§245-3 Taxes. (a) Every wholesaler or
dealer, in addition to any other taxes provided by law, shall pay, for the
privilege of conducting business and other activities in the State, an excise
tax equal to:
(1) 5.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer after June 30, 1998, whether or not sold at
wholesale, or if not sold, then at the same rate upon the use by the wholesaler
or dealer;
(2) 6.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer after September 30, 2002, whether or not
sold at wholesale, or if not sold, then at the same rate upon the use by the
wholesaler or dealer;
(3) 6.50 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer after June 30, 2003, whether or not sold at
wholesale, or if not sold, then at the same rate upon the use by the wholesaler
or dealer;
(4) 7.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer after June 30, 2004, whether or not sold at
wholesale, or if not sold, then at the same rate upon the use by the wholesaler
or dealer;
(5) 8.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer on and after September 30, 2006, whether or
not sold at wholesale, or if not sold, then at the same rate upon the use by
the wholesaler or dealer;
(6) 9.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer on and after September 30, 2007, whether or
not sold at wholesale, or if not sold, then at the same rate upon the use by
the wholesaler or dealer;
(7) 10.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer on and after September 30, 2008, whether or
not sold at wholesale, or if not sold, then at the same rate upon the use by
the wholesaler or dealer;
(8) 13.00 cents for each cigarette sold, used, or
possessed by a wholesaler or dealer on and after July 1, 2009, whether or not
sold at wholesale, or if not sold, then at the same rate upon the use by the
wholesaler or dealer;
(9) 11.00 cents for each little cigar sold, used, or
possessed by a wholesaler or dealer on and after October 1, 2009, whether or
not sold at wholesale, or if not sold, then at the same rate upon the use by
the wholesaler or dealer;
(10) 15.00 cents for each cigarette or little cigar sold,
used, or possessed by a wholesaler or dealer on and after July 1, 2010, whether
or not sold at wholesale, or if not sold, then at the same rate upon the use by
the wholesaler or dealer;
(11) 16.00 cents for each cigarette or little cigar sold,
used, or possessed by a wholesaler or dealer on and after July 1, 2011, whether
or not sold at wholesale, or if not sold, then at the same rate upon the use by
the wholesaler or dealer;
(12) 18.00 cents for each cigarette or little cigar
sold, used, or possessed by a wholesaler or dealer on and after January 1,
2026, whether or not sold at wholesale, or if not sold, then at the same rate
upon the use by the wholesaler or dealer;
(13) Seventy
per cent of the wholesale price of each article or item of tobacco products,
other than large cigars, electronic smoking devices, and e-liquids, sold by the
wholesaler or dealer on and after September 30, 2009, whether or not sold at
wholesale, or if not sold, then at the same rate upon the use by the wholesaler
or dealer;
(14) Fifty per cent of the wholesale price of each
large cigar of any length sold, used, or possessed by a wholesaler or dealer on
and after September 30, 2009, whether or not sold at wholesale, or if not sold,
then at the same rate upon the use by the wholesaler or dealer; and
(15) Seventy per cent of the wholesale price of each
electronic smoking device or e-liquid sold, used, or possessed by a wholesaler
or dealer on and after January 1, 2024, whether or not sold at wholesale, or if
not sold, then at the same rate upon the use by the wholesaler or dealer.
Where the tax imposed has been paid on cigarettes,
little cigars, or tobacco products that thereafter become the subject of a
casualty loss deduction allowable under chapter 235, the tax paid shall be
refunded or credited to the account of the wholesaler or dealer. The tax shall
be applied to cigarettes through the use of stamps.
(b) The taxes, however, are subject to the
following limitations:
(1) The measure of the taxes shall not include any
cigarettes or tobacco products exempted, and so long as the same are exempted,
from the imposition of taxes by the Constitution or laws of the United States;
(2) The measure of taxes shall exempt and exclude all
sales of cigarettes and tobacco products to the United States (including any
agency or instrumentality thereof that is wholly owned or otherwise so
constituted as to be immune from the levy of a tax under this chapter), sold by
any person licensed under this chapter; and
(3) The taxes shall be paid only once with respect to
the same cigarettes or tobacco product. This limitation shall not prohibit the
imposition of the excise tax on receipts from sales of tobacco products under
subsection (a)(5); provided that the amount subject to the tax on each sale
shall not include amounts previously taxed under this chapter.