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In order to import tobacco products into the U.S. you must first obtain from the Alcohol and Tobacco Tax and Trade Bureau (TTB) a basic importer permit for tobacco products. The basic importer permit for tobacco or tobacco products enables you to import tobacco products for storage and resale to third parties (other than directly to consumers). See: TTB Tobacco Importer License.
In addition, the Family Smoking Prevention and Tobacco Control Act of 2009 (TCA) requires importers of tobacco products to comply with the manufacturer provisions under the TCA as if they were manufacturers. Therefore, there are premarket review requirements, reporting requirements, record keeping requirements, registration and tobacco product listing requirements and labeling requirements that apply to tobacco product importers. See: TCA Requirements.
As part of the importation requirements, the U. S. Customs and Border Protection (Customs) collects the federal excise tax as well as Customs duties and other fees imposed on imported tobacco products. Here are the Excise Taxes. In addition to the excise taxes, you would have to check with each state's department of revenue where you will be selling your product to determine state taxes due for their tobacco taxes.
1) If you are going to be operating in the US, unless the seller in India has some type of trademark name that has a ton of goodwill, you should form your own company under your own name as importer of the product. You can form your corporation in Nevada or Wyoming or Delaware on the secretary of state's website for those states since those states have the most favorable corporate laws for formation and no corporate income taxes or low taxes. You can be incorporated in one of those states without actually residing there and still distribute your product where you would like to distribute it in other states.
Once you form your corporation, you must get an EIN from the IRS at http://www.irs.gov and you would use that on all tax payments to anyone.
Once you have your corporation formed and your EIN then you can open your corporate bank account.
2) If you are operating in the US, then your corporation and not the seller's corporation should open the bank account in the US in your corporate name with your corporate EIN and your corporation files federal taxes and pays whatever federal (or state if due) taxes and tobacco taxes etc from that account.
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