Code of Virginia
Chapter 10 - Cigarette Tax
§ 58.1-1001. Tax levied; rate

A. Except as provided in subsection B, in addition to all other taxes now imposed by law, every person within this Commonwealth who sells, stores or receives cigarettes made of tobacco or any substitute thereof, for the purpose of distribution to any person within this Commonwealth, shall pay to this Commonwealth an excise tax of one and one-quarter mills on each such cigarette sold, stored or received before August 1, 2004; an excise tax of one cent on each such cigarette sold, stored or received on and after August 1, 2004, through midnight on June 30, 2005; and an excise tax of 1.5 cents on each such cigarette sold, stored or received on and after July 1, 2005.
B. In addition to all other taxes now imposed by law, every person within the Commonwealth who sells, stores, or receives roll-your-own tobacco, for the purpose of distribution within the Commonwealth, shall pay to the Commonwealth a cigarette excise tax at the rate of 10% of the manufacturer's sales price of such roll-your-own tobacco.
C. The revenues generated by the taxes imposed under this section on and after August 1, 2004, shall be collected by the Department and deposited into the Virginia Health Care Fund established under § 32.1-366.
D. The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies when possession of unstamped cigarettes is necessary in the performance of investigatory duties.
Code 1950, § 58-757.1; 1960, c. 392, § 1; 1980, c. 633; 1984, c. 675; 2004, Sp. Sess. I, c. 3; 2006, c. 768; 2014, cc. 422, 458.

Structure Code of Virginia

Code of Virginia

Title 58.1 - Taxation

Chapter 10 - Cigarette Tax

§ 58.1-1000. Definitions

§ 58.1-1001. Tax levied; rate

§ 58.1-1002. Exemptions

§ 58.1-1003. How paid; affixing of stamps; records of stamping agents; civil penalties

§ 58.1-1003.1. Bad debt; deduction; definition

§ 58.1-1003.2. Roll-your-own tobacco cigarette excise tax; how paid; stamping process; records of stamping agents

§ 58.1-1003.3. Roll-your-own cigarette machines

§ 58.1-1004. Repealed

§ 58.1-1006. Forms and kinds of containers, methods of breaking packages, and methods of affixing stamps; penalty for interfering with enforcement of article

§ 58.1-1007. Documents touching purchase, sale, etc., of cigarettes to be kept for three years, subject to inspection; penalty

§ 58.1-1008. Monthly reports of stamping agents; penalty

§ 58.1-1008.1. Monthly reports of tobacco product manufacturers

§ 58.1-1008.2. Materially false statements in reports

§ 58.1-1009. Preparation, design, and sale of stamps; unlawful sale or purchase of stamps a felony; penalty

§ 58.1-1010. Sale of unstamped cigarettes by wholesale dealers; penalty

§ 58.1-1011. Qualification for permit to affix Virginia revenue stamps; penalty

§ 58.1-1012. Duties of wholesale dealer, manufacturer and exclusive distributor on shipping, delivering or sending out cigarettes

§ 58.1-1013. Penalty for failing to affix stamps; subsequent violations of article

§ 58.1-1014. Repealed

§ 58.1-1015. Removal, reuse, unauthorized sale, etc., of stamps; counterfeit stamps; seizure and forfeiture; penalties

§ 58.1-1016. Administration and enforcement of tax

§ 58.1-1017. Sale, purchase, possession, etc., of cigarettes for purpose of evading tax; penalties

§ 58.1-1017.1. Possession with intent to distribute tax-paid, contraband cigarettes; penalties

§ 58.1-1017.2. Sealed pack labeled as cigarettes; prima facie evidence of cigarettes

§ 58.1-1017.3. Fraudulent purchase of cigarettes; penalties

§ 58.1-1017.4. Documents to be provided at purchase

§ 58.1-1018. Tax imposed on storage, use or consumption of cigarettes; exemption of products on which sales tax has been paid

§ 58.1-1019. Monthly returns and payment of tax

§ 58.1-1020. Assessment of tax by Department

§ 58.1-1021. Documents touching purchase, sale, etc., of cigarettes to be kept for three years, subject to inspection; penalty

§ 58.1-1021.01. Definitions

§ 58.1-1021.02. Tax on tobacco products

§ 58.1-1021.02:1. Reports by manufacturers of tobacco products

§ 58.1-1021.02:2. Records to be kept and reports by remote retail sellers of cigars and pipe tobacco

§ 58.1-1021.03. Monthly return and payments of tax

§ 58.1-1021.04. Failure to file return; fraudulent return; penalties; interest; overpayment of tax

§ 58.1-1021.04:1. Distributor's or remote retail seller's license; penalty

§ 58.1-1021.04:2. Certain records required of distributor; access to premises

§ 58.1-1021.04:3. Unlawful importation, transportation, or possession of tobacco products; civil penalty

§ 58.1-1021.04:4. Purchase of tobacco products for resale

§ 58.1-1021.04:5. Tax Commissioner to establish guidelines and rules

§ 58.1-1021.05. Use of revenues

§ 58.1-1022. Correction of erroneous assessments

§ 58.1-1023. Reserved