§ 26-57-212 - Wholesalers, warehousemen -- Reports, payment of tax, and records. - Arkansas Statutes

26-57-212. Wholesalers, warehousemen -- Reports, payment of tax, and records.

(a) (1) Every licensed wholesaler and warehouse that handles, receives, stores, sells, and disposes of tobacco products in any manner in this state shall file a report with the Director of the Department of Finance and Administration on or before the fifteenth day of each month.

(2) Retailers shall be liable for reporting and paying these taxes when a retailer purchases tobacco products directly from a manufacturer or from a wholesaler or distributor not licensed pursuant to 26-57-214.

(3) (A) Any taxpayer who fails to report and remit the tobacco tax due on tobacco products purchased from manufacturers, distributors, or wholesalers who are not licensed under 26-57-214 shall be subject to the following penalties:

(i) Five percent (5%) of the total tobacco tax due for the first offense;

(ii) Twenty percent (20%) of the total tobacco tax due for the second offense; and

(iii) Twenty-five percent (25%) of the total tobacco tax due for the third and any subsequent offenses.

(B) In addition, the taxpayer's retail cigarette/tobacco permit shall be revoked for a period of ninety (90) days for the third and any subsequent offenses.

(4) The provisions of this subsection shall not affect the provisions of 26-57-228.

(b) The report shall include:

(1) A statement of the tobacco products on hand at the beginning of the preceding month;

(2) The receipts and disbursements of tobacco products handled during the preceding month; and

(3) Any other information about the purchases and sales as may be prescribed by the director.

(c) All taxes due for the preceding month shall be remitted to the director at the time the report is filed.

(d) (1) (A) Every wholesaler and warehouse shall permit personnel of the Department of Finance and Administration and auditors of the Arkansas Tobacco Control Board to enter into and to inspect their stock of tobacco products and all books, invoices, and any documents and records relating to receipts and disbursements of tobacco products.

(B) Auditors shall not release to the board or to the public any information identifying customers of the manufacturer, wholesaler, or warehouse except when necessary to notify the board of alleged violations of this subchapter.

(2) However, the board shall have no authority under this subchapter or any other act, to require any manufacturer or other person to disclose any confidential, competitive commercial information furnished by a manufacturer, without that manufacturer's written permission.

(e) (1) (A) Every tobacco product wholesaler doing business in this state and whose main warehouse or headquarters is in another state, shall keep a record of all purchases and sales transactions involving cigarettes, cigars, cigarette papers, snuff, and other tobacco products.

(B) The record shall be maintained at a facility located in Arkansas.

(C) The record shall be accumulated on or before the twentieth day of each month covering the previous calendar month.

(2) Any person who fails to maintain records required by this section shall be subject to a fine of:

(A) One hundred dollars ($100) for the first offense;

(B) Two hundred fifty dollars ($250) for the second offense;

(C) Five hundred dollars ($500) and a ninety-day suspension of license for the third offense; and

(D) One thousand dollars ($1000) and permanent revocation of license for the fourth and subsequent offenses.

(f) (1) (A) All purchases of cigars, cigarettes, cigarette papers, smoking tobacco, and other tobacco products for distribution within the State of Arkansas by any nonresident tobacco products wholesaler shall be evidenced by a separate invoice from the seller correctly showing the date of purchase and the quantity of each of the articles purchased by the wholesaler for distribution within Arkansas.

(B) Such stock purchased for distribution within Arkansas shall be kept in an entirely separate part of the building, separate and apart from stock purchased for sale or distribution in another state.

(2) At the time of shipping or delivering any cigars, cigarettes, cigarette papers, smoking tobaccos, or other tobacco into the State of Arkansas, every nonresident tobacco product wholesaler shall make a true duplicate invoice of the transaction which shall show full and complete details of the sale or delivery of those articles and shall retain the duplicate invoice, subject to use and inspection by the department and the board for a period of three (3) years.

(3) Nonresident tobacco wholesalers shall also keep a record of all cigarettes, cigarette papers, cigars, smoking tobaccos, and other tobacco products purchased by them for distribution within the State of Arkansas, and all books, records, and memoranda pertaining to the purchase and sale of such products shall be subject to inspection by the department and the board.