16-11-114. Insignia discount. (1) Each licensed wholesaler is entitled to purchase an insignia at full face value less the following percentage of the face value upon payment for the insignia as defrayment of the costs of affixing insignia and precollecting the tax on behalf of the state of Montana:
(a) 0.90% for the first 2,580 cartons or portion of 2,580 cartons purchased in any calendar month;
(b) 0.60% for the next 2,580 cartons or portion of 2,580 cartons purchased in any calendar month; and
(c) 0.45% for purchases in excess of 5,160 cartons in any calendar month.
(2) The taxes for tobacco products, other than cigarettes, that are paid by the wholesaler must be paid to the department in full less a 1.5% defrayment for the wholesaler's collection and administrative expenses and must, in accordance with the provisions of 17-2-124, be deposited by the department in the state general fund except as provided in 16-11-119. Refunds of the tax paid must be made as provided in 15-1-503 in cases in which the tobacco products purchased become unsalable.
History: En. Sec. 11, Ch. 140, L. 1969; R.C.M. 1947, 84-5606.12; amd. Sec. 2, Ch. 267, L. 1981; amd. Sec. 1, Ch. 600, L. 1983; amd. Sec. 15, Ch. 578, L. 1995; amd. Sec. 50, Ch. 544, L. 2003; amd. Sec. 3, I.M. No. 149, approved Nov. 2, 2004; amd. Sec. 12, Ch. 511, L. 2005; amd. Sec. 23, Ch. 475, L. 2007.
Structure Montana Code Annotated
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 11. Taxation of Tobacco Products
Part 1. Tax on Tobacco Products
16-11-103. Powers of department
16-11-104. Carriers to report shipments -- penalties
16-11-105. Rulemaking authority of department of justice
16-11-106. Regular and systematic solicitation of business -- compliance with chapter
16-11-107. Secretary of state as process agent for unlicensed person doing business in state
16-11-112. Tax on ultimate consumer
16-11-115. Tax meter machine -- tax stamp-applying machine -- purchase of stamps
16-11-116. Resale of insignia prohibited -- rebate
16-11-117. When payment for insignia due
16-11-118. Records of wholesalers, subjobbers, tobacco product vendors, and retailers
16-11-119. Disposition of taxes -- statutory appropriation
16-11-120. Tobacco product licenses
16-11-121. Vending machines not places of business
16-11-122. License fees -- renewal
16-11-124. Disposition of license fees
16-11-125. Licensure as both wholesaler and retailer allowed
16-11-126. Joint and several liability
16-11-128. Tobacco product sales reporting requirements
16-11-132. Unlawful to sell tobacco products without valid license -- exceptions
16-11-133. Sale and use of cigarettes without insignia unlawful
16-11-134. Forged license stamp or insignia
16-11-135. through 16-11-140 reserved
16-11-141. Powers of arrest -- search and seizure
16-11-142. Duties of county attorneys and peace officers
16-11-143. Penalty and interest for unpaid tobacco product tax
16-11-144. Revocation or suspension of license
16-11-145. Place where violations committed considered public nuisance
16-11-146. Penalty for forged license stamp or insignia
16-11-147. Seizure and forfeiture of property used in transporting contraband
16-11-148. Penalties and other remedies
16-11-149. Hearings before department
16-11-150. Appeal to district court
16-11-151. through 16-11-154 reserved
16-11-156. Stamps affixed on cigarettes -- exception
16-11-159. Forfeiture of contraband and property used in transporting contraband