(a) Each licensed distributor and dealer shall file with the Commissioner of Revenue Services, on or before the twenty-fifth day of each month, a report for the calendar month immediately preceding in such form and containing such information as the commissioner may prescribe. The return shall be accompanied by a payment of the amount of the tax shown to be due thereon. The commissioner by regulation may exempt from the monthly reporting requirements of this section those distributors and dealers who do not acquire unstamped cigarettes and in lieu thereof may require an annual report, prescribed as to form by the Commissioner of Revenue Services and bearing notice to the effect that false statements made in such report are punishable, if, in the commissioner's discretion, the enforcement of this chapter would not be adversely affected.
(b) Each licensed distributor or dealer who owns or operates cigarette vending machines shall file a report with the Commissioner of Revenue Services, at such time and in such form as the commissioner may prescribe.
(c) If any person fails to pay the amount of tax reported due on its report within the time specified under this section, there shall be imposed a penalty equal to ten per cent of such amount due and unpaid, or fifty dollars, whichever is greater. No person shall be subject to a penalty under both this section and subsection (b) of section 12-309. Such amount shall bear interest at the rate of one per cent per month or fraction thereof, from the due date of such tax until the date of payment.
(d) Subject to the provisions of section 12-3a, the commissioner may waive all or part of the penalties provided under this chapter when it is proven to his satisfaction that the failure to pay any tax was due to reasonable cause and was not intentional or due to neglect.
(1967, P.A. 788, S. 6; P.A. 77-614, S. 139, 610; P.A. 79-18, S. 1, 2; P.A. 82-172, S. 5, 14; P.A. 84-525, S. 4, 8; P.A. 88-314, S. 15, 54; P.A. 93-15, S. 5, 9; P.A. 95-26, S. 9, 52; P.A. 00-174, S. 57, 83; P.A. 04-201, S. 8; P.A. 05-260, S. 3.)
History: P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 79-18 required monthly report from operators of more than five machines, rather than from operators of two or more machines as previously and required semiannual report from operators of five or fewer machines and substituted “period for which a report is filed” for “month” in provision re registration fee for newly acquired machines; P.A. 82-172 added the penalty of $50 for failure to file reports with the commissioner when required, which penalty replaced the previous requirement of $5 for each day any such report is overdue and eliminated provision allowing waiver of penalty by commissioner under certain conditions; P.A. 84-525 included the provision permitting the commissioner to require, by regulation, the annual reporting and monthly updating of a customers list; P.A. 88-314 required with reference to the monthly report to be filed by such distributor and dealer that the report is to be accompanied by the amount of tax due thereon and added provisions related to the penalty and interest for failure to pay the tax within the time specified, including the rate of interest to be added and the period during which interest shall run, effective July 1, 1988, and applicable to any tax which first becomes due and payable on or after said date, to any return or report due on or after said date, or in the case of any ongoing obligation imposed in accordance with said act, to the tax period next beginning on or after said date; P.A. 93-15 deleted references to a vending machine dealer's license and changed date of report from the tenth day of the month to the twenty-fifth day of the month, effective July 1, 1993; P.A. 95-26 divided section into Subsecs. (a) to (e) and amended Subsec. (d) to lower interest rate from 1.25% to $1%, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date; P.A. 00-174 amended Subsec. (a) to delete a reference to affidavit, to add provisions re prescribed form and false statements, and to make technical changes for purposes of gender neutrality, effective July 1, 2000; P.A. 04-201 deleted former Subsec. (c) re authorization to adopt regulations and redesignated existing Subsecs. (d) and (e) as new Subsecs. (c) and (d), effective June 3, 2004; P.A. 05-260 amended Subsec. (b) to make report applicable to any licensed distributor or dealer, regardless of number of vending machines owned or operated, and to allow commissioner to prescribe time and form of report, effective July 13, 2005.
Structure Connecticut General Statutes
Section 12-285. - Definitions.
Section 12-285a. - Definitions for purposes of sections 12-286a, 12-295a and 12-314a.
Section 12-285b. - Licensure of cigarette manufacturers. Fees.
Section 12-285c. - Restrictions on shipping or transporting cigarettes. Penalties.
Section 12-285d. - Cigarette rolling machines. Licensure requirements.
Section 12-287. - Dealer's license.
Section 12-288. - Distributor's license.
Section 12-289a. - Vending machines: Placement restrictions. Penalties.
Section 12-290. - Price signs on vending machines.
Section 12-291. - Vending machine dealer's license.
Section 12-291a. - Penalty for failure to secure or renew license.
Section 12-292. - Advertising sale of untaxed cigarettes.
Section 12-293. - Notice to Tax Commissioner of number of vending machines.
Section 12-293a. - Reporting requirements. Registration fee for vending machines. List of customers.
Section 12-294. - Transfer of license. Successor tax liability.
Section 12-296. - Imposition of tax.
Section 12-297. - Exemptions from tax.
Section 12-298. - Commissioner to supply stamps or decals.
Section 12-299. - Metering machine.
Section 12-300. - Resale of stamps restricted. Redemption.
Section 12-301. - Nonresidents may be authorized to affix stamps.
Section 12-302. - Distributors to affix stamps.
Section 12-303. - Dealers to affix stamps.
Section 12-304. - Sale of unstamped cigarettes prohibited. Penalty.
Section 12-305. - Unstamped cigarettes, vehicles in which transported, subject to confiscation.
Section 12-306. - Invoices or delivery tickets required in transportation of unstamped cigarettes.
Section 12-306a. - Cigarette transporter to hold invoices or delivery tickets.
Section 12-307. - Procedure on sale after confiscation.
Section 12-308. - Fraudulent stamps.
Section 12-309a. - Reports from carriers, warehousemen, bailees. Examination of records.
Section 12-310. - Oaths and subpoenas.
Section 12-311. - Hearings by commissioner.
Section 12-312. - Appeals from decisions of commissioner.
Section 12-313. - Administration. Regulations. Waiver of filing of reports.
Section 12-314. - Packaging for sale. Penalties.
Section 12-314a. - Certain promotional samples authorized.
Section 12-315. - Sale of unstamped cigarettes from one licensed distributor to another.
Section 12-315a. - Report on enforcement efforts.
Section 12-316. - Imposition of tax.
Section 12-317. - Return to be filed.
Section 12-318. - Seizure for nonpayment of tax.
Section 12-319. - Imported cigarettes on which tax has been paid.
Section 12-320. - Two hundred or fewer cigarettes not taxable.
Section 12-326a. - Definitions. Presumptions of costs of doing business.
Section 12-326c. - Sales between distributors.
Section 12-326d. - Certain sales below cost permitted.
Section 12-326e. - Bonus or combination with other articles for sale forbidden.
Section 12-326f. - Exemptions.