Section 7A. (a) In addition to the excise imposed by section six, every licensee who is required to file a return under section sixteen of chapter sixty-two C shall, at the time of filing such a return, pay to the commissioner an excise equal to twelve and one-half mills for each cigarette so sold during the calendar month covered by the return; provided, however, that cigarettes with respect to which the excise under this section has once been imposed and has not been refunded, if paid, shall not be subject upon a subsequent sale to the excise imposed by this section. In addition to the excise imposed by section six, each unclassified acquirer shall, at the time of filing a return required by said section sixteen of chapter sixty-two C, pay to the commissioner an excise equal to twelve and one-half mills for each cigarette so imported or acquired and held for sale or consumption, and cigarettes with respect to which such excise has been imposed and has not been refunded, if paid, shall not be subject, when subsequently sold, to any further excise under this section. Notwithstanding the provisions of this section, the excise imposed by this section shall equal twenty-five percent of the price paid by such licensee or unclassified acquirer to purchase smokeless tobacco so sold, imported, or acquired.
(b) Except as the provisions of this section expressly provide to the contrary, all of the provisions of this chapter and of chapter sixty-two C relative to the assessment, collection, payment, abatement, verification, and administration of taxes, including penalties, shall, so far as pertinent, be applicable to the excise imposed by this section.
(c) Notwithstanding the provisions of section twenty-eight, all revenues received pursuant to this section, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, less all amounts refunded or abated in connection therewith, all as determined by the commissioner of revenue according to his best information and belief, shall be credited to the Children's and Seniors' Health Care Assistance Fund, established pursuant to section two FF of chapter twenty-nine.
(d) Any cigarette which does not contain nicotine shall be exempt from the excise herein referred.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 64c - Cigarette Excise
Section 2 - Vendors' Licenses; Display
Section 2a - Definitions Applicable to Secs. 2a to 2f
Section 2d - Marking to Indicate Compliance With Testing and Performance Standard Requirements
Section 2f - Fire Prevention and Public Safety Fund
Section 5 - Records and Statements Required of Vendors and Purchasers
Section 7c - Additional Payment of Excise; Credit to Health Protection Fund
Section 8 - Prosecution for Illegal Possession, Etc.
Section 10 - Regulation of Vending Machines; Penalties for Particular Offenses; Sales to Children
Section 11 - Records and Reports of Purchases and Sales; Investigation, Examination and Search
Section 12 - Selling Price; ''loss-Leaders'' Prohibited
Section 13 - Definitions of Cost and Sale Terms
Section 14 - Unfair Competition; Penalty
Section 15 - Application of Act to Unusual Sales
Section 16 - Fair Competition; Prices
Section 17 - Illegal Contracts
Section 18 - Fictitious Prices; Discounts
Section 19 - Invoice Cost of Goods Purchased at Forced Sales
Section 20 - Cost Survey as Evidence
Section 21 - Liability of Agents Aiding Violations
Section 27 - Severability Clause
Section 28 - Disposition of Sums Received
Section 29 - Payment of Tax Through Use of Adhesive Stamps
Section 30 - Stamper; Purchase and Use of Stamps; Appointment; Compensation; Payment for Stamps
Section 31 - Redemption of Unused or Mutilated Stamps, Etc.
Section 33a - Packages Containing Fewer Than 20 Cigarettes; Stamps; Penalties
Section 38 - Unauthorized Use of Excise Stamps; Penalty
Section 39 - Application of Secs. 29 to 39
Section 40 - Multi-Agency Illegal Tobacco Task Force; Powers and Duties; Meetings; Annual Report