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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I have purchased cigarettes online in the past, in ...

Customer Question

I have purchased cigarettes online in the past, in 2005 and 2006. My state in charging me over double what I paid for the cigarettes for excise tax, use tax , penalty and interest. Do I have ANY recourse. Personally I would love to sue my state for discrimminating against me as a smoker, because they do not tax alcohol the way they do cigarettes, but I need to know if I have any recourse here. Thank you
Submitted: 9 years ago.
Category: Tax
Expert:  Marvin,EA replied 9 years ago.
Hello and thank you for using Just Answer. Most state have a law if one of their resident buy items out of state and the items can be bought in the state they live the sale tax must be the same in both state. If the sale tax is less outside the state you live, you must pay the state the different between the two. By buying cigarettes outside the state you live that charges less taxes , you have to pay the difference in taxes. It is a way to protect the state right to collect taxes on products you can buy in state. This state law apply to all goods and services.