Rev 1002.01

Requirement
for Use of Stamps .
(a) A wholesaler who
satisfies RSA 78:2, III shall demonstrate that it paid the tax due on
cigarettes and little cigars sold or distributed to a retailer in this state by
affixing "A", "B", or "C" stamps purchased from the department to
each package of 20 or 25 by a heat transfer stamp method, either manually or
mechanically, before the wholesaler transfers possession to the retailer.
(b) The "A" stamp shall:
(1) Be
affixed to individual packages containing 25 cigarettes or little cigars which
are purchased from manufacturers participating in the Master Settlement
Agreement, pursuant to RSA 541-C:3, I(a), or from manufacturers not
participating in the Master Settlement Agreement, pursuant to RSA 541-C:3,
I(b); and
(2) Have
a value equal to the tax rate established in RSA 78:2, I for packages of 20
cigarettes or little cigars, multiplied by 125%.
(c) The "B" stamp shall:
(1) Be
affixed to individual packages containing 20 cigarettes or little cigars which
are purchased from manufacturers participating in the Master Settlement
Agreement, pursuant to RSA 541-C:3, I(a); and
(2) Have
a value equal to the tax rate established in RSA 78:2, I for packages of 20
cigarettes or little cigars.
(d) The "C" stamp shall:
(1) Be
affixed to individual packages containing 20 cigarettes which are purchased
from manufacturers not participating in the Master Settlement Agreement,
pursuant to RSA 541-C:3, I(b); and
(2) Have
a value equal to the tax rate established in RSA 78:2, I for packages of 20
cigarettes.
(e) Pursuant to RSA 78:11,
II, every wholesaler shall keep on hand at each premises in this state where
cigarettes or little cigars are possessed, stored, or sold, enough stamps
purchased within the previous 90 days to pay the tax due on all cigarettes and
little cigars present at the premises at any given time.
(f) For cigarettes and
little cigars in packages of other than 20 or 25, or too small to affix a
stamp, or for RYO, a wholesaler who satisfies RSA 78:2, III shall, in lieu of
stamps, keep documentation to demonstrate that it paid the tax due, and has
complied with the reporting and payment requirements for OTP, as provided in
Rev 1003.
(g) Each invoice issued by
a wholesaler shall state that the tax has been collected.
(h) A stamp affixed to an
individual package shall be deemed to comply with this section only if:
(1) A
single stamp is affixed to each package;
(2) The
stamp is at least 75% visible; and
(3) The
stamp's numerical designation is legible.
Source. #4158, eff 11-3-86; ss by #4707, eff
11-21-89; ss by #5301, eff 12-26-91; ss by #6662, eff 12-25-97; ss by #8526,
eff 12-21-05; ss by #10536, eff 3-6-14; amd by
#10883, eff 7-11-15; ss by #12389, eff 9-27-17 ; ss by
#13049, eff 6-4-20 (see Revision Note #1 at chapter heading for Rev 1000);
ss by #13490, eff 11-15-22; ss by #13817, eff 12-1-23 (see Revision Note #2 at
chapter heading for Rev 1000)
PART
Rev 1003 OTHER TOBACCO
PRODUCTS