Massachusetts General Laws (Tax)

Mass. Gen. Laws ch. 64C, § 36

Possession or transportation of unstamped cigarettes; necessity of invoices or delivery tickets; prima facie evidence

Official textmalegislature.gov

Section 36. Whoever, not being a stamper, or licensed transportation company or such other person as the commissioner may authorize, possesses, delivers or transports any unstamped cigarettes, except cigarettes acquired prior to the date when stamps were required to be affixed thereto and on which the excise imposed by this chapter has been paid, shall have in his actual possession invoices or delivery tickets for such cigarettes showing the true name and address of the consignor or seller, the true name and address of the consignee or purchaser, the quantity and brands of the cigarettes possessed or transported, and the name and address of the person who has assumed or shall assume the payment of the excise provided by this chapter at the ultimate point of destination, and failure to have such invoices or delivery tickets shall be prima facie evidence that such person knowingly possessed, delivered or transported unstamped cigarettes.

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In this chapter (40 sections)
  1. 64C-5A · Collection of excises imposed on residents purchasing…
  2. 64C-6 · Payment of excise; reports and examination of records of…
  3. 64C-7 · Repealed, 1976, 415, Sec. 107; 1996, 450, Sec. 115
  4. 64C-7A · Additional cigarette excise tax; credit to Children's and…
  5. 64C-7B · Cigars and smoking tobacco; payment and rate of excise tax;…
  6. 64C-7C · Additional payment of excise; credit to Health Protection Fund
  7. 64C-7D · Personal and individual liability to commonwealth upon failure…
  8. 64C-7E · Electronic nicotine delivery systems; definitions; excise…
  9. 64C-8 · Prosecution for illegal possession, etc.
  10. 64C-9 · Repealed, 1976, 415, Sec. 107
  11. 64C-10 · Regulation of vending machines; penalties for particular…
  12. 64C-11 · Records and reports of purchases and sales; investigation,…
  13. 64C-12 · Selling price; ''loss-leaders'' prohibited
  14. 64C-13 · Definitions of cost and sale terms
  15. 64C-14 · Unfair competition; penalty
  16. 64C-15 · Application of act to unusual sales
  17. 64C-16 · Fair competition; prices
  18. 64C-17 · Illegal contracts
  19. 64C-18 · Fictitious prices; discounts
  20. 64C-19 · Invoice cost of goods purchased at forced sales
  21. 64C-20 · Cost survey as evidence
  22. 64C-21 · Liability of agents aiding violations
  23. 64C-22-to-25 · Repealed, 1976, 415, Sec. 107
  24. 64C-26 · Police power
  25. 64C-27 · Severability clause
  26. 64C-28 · Disposition of sums received
  27. 64C-29 · Payment of tax through use of adhesive stamps
  28. 64C-30 · Stamper; purchase and use of stamps; appointment;…
  29. 64C-31 · Redemption of unused or mutilated stamps, etc.
  30. 64C-32 · Repealed, 1976, 415, Sec. 107
  31. 64C-33 · Unstamped cigarettes or stamps; prohibition of sale, etc.;…
  32. 64C-33A · Packages containing fewer than 20 cigarettes; stamps;…
  33. 64C-34 · Possession, sale, etc., of unstamped cigarettes; penalty;…
  34. 64C-35 · Possession or transportation of unstamped cigarettes; penalty;…
  35. 64C-36 · Possession or transportation of unstamped cigarettes;…
  36. 64C-37 · Forgery, alteration, etc., of excise stamps; unauthorized use…
  37. 64C-38 · Unauthorized use of excise stamps; penalty
  38. 64C-38A · Seizure, forfeiture and sale of unstamped cigarettes and…
  39. 64C-39 · Application of Secs. 29 to 39
  40. 64C-40 · Multi-agency illegal tobacco task force; powers and duties;…
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