A. It shall be unlawful for any person who is not a licensed distributor in the Commonwealth pursuant to this article to import, transport, or possess, for resale, any tobacco products in the Commonwealth, or under circumstances and conditions that indicate that tobacco products are being imported, transported, or possessed in a manner as to knowingly and intentionally evade or attempt to evade the tax imposed by this article. Such tobacco products shall be subject to seizure, forfeiture, and destruction by any law-enforcement officer of the Commonwealth. All fixtures, equipment, materials, and personal property used in substantial connection with the sale or possession of tobacco products involved in a knowing and intentional violation of this article shall be subject to seizure and forfeiture according to the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, applied mutatis mutandis.
B. Any person, except as otherwise provided by law, who imports, transports, or possesses for resale tobacco products upon which the tax imposed by this article has not been paid shall be required to pay any tax owed pursuant to this article. In addition, if such person imports, transports, or possesses such tobacco products in such a manner as to knowingly and intentionally evade or attempt to evade the tax imposed by this article, he shall be required to pay a civil penalty of (i) $2.50 per tobacco product, up to $500, for the first violation by the person within a 36-month period; (ii) $5 per tobacco product, up to $1,000, for the second violation by the person within a 36-month period; and (iii) $10 per tobacco product, up to $50,000, for the third or subsequent violation by the person within a 36-month period, to be assessed and collected by the Department as other taxes are collected. In addition, where willful intent exists to defraud the Commonwealth of the tax levied under this article, such person shall be required to pay a civil penalty of $25 per tobacco product, up to $250,000.
2005, c. 71; 2014, cc. 38, 177.
Structure Code of Virginia
§ 58.1-1003. How paid; affixing of stamps; records of stamping agents; civil penalties
§ 58.1-1003.1. Bad debt; deduction; definition
§ 58.1-1003.3. Roll-your-own cigarette machines
§ 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
§ 58.1-1010. Sale of unstamped cigarettes by wholesale dealers; penalty
§ 58.1-1011. Qualification for permit to affix Virginia revenue stamps; penalty
§ 58.1-1013. Penalty for failing to affix stamps; subsequent violations of article
§ 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
§ 58.1-1019. Monthly returns and payment of tax
§ 58.1-1020. Assessment of tax by Department
§ 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
§ 58.1-1021.04:4. 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