Updated!! Pennsylvania: 40% tax = game over for vape

[r77r7r]

I'm really not understanding why we can't get product shipped here?? What is a vendor's responsibility here?

 

[Sugar_and_Spice]

I'm really not understanding why we can't get product shipped here?? What is a vendor's responsibility here?

It might just be the vendors choice. Most already seem so overwhelmed with the deeming that I am sure it is just to avoid any possibility of more problems.

 

[r77r7r]

It might just be the vendors choice. Most already seem so overwhelmed with the deeming that I am sure it is just to avoid any possibility of more problems.

Ty. Maybe we should start a thread with a list of vendors that will.

 

[blueish]

Ty. Maybe we should start a thread with a list of vendors that will.

That's a great idea!

 

[Rossum]

I'm really not understanding why we can't get product shipped here?? What is a vendor's responsibility here?

Admittedly, it's been a while since I read the relevant sections of the bill, but my recollection is that an out-of-state vendor has no responsibility; it's all on the PA-resident buyer to declare his purchases and pay the tax, really not much different than if he "imported" any other taxable product from out-of-state.

 

[balance]

Admittedly, it's been a while since I read the relevant sections of the bill, but my recollection is that an out-of-state vendor has no responsibility; it's all on the PA-resident buyer to declare his purchases and pay the tax, really not much different than if he "imported" any other taxable product from out-of-state.

That's my understanding, too, but I can understand vendors who are concerned that somehow they might end up footing the delightful 40% bill.

 

[GemInEye]

That's my understanding, too, but I can understand vendors who are concerned that somehow they might end up footing the delightful 40% bill.

I thought the vendors needed a special pa license to sell to pa residents?

Sent from my SM-N920T using Tapatalk

 

[Verb]

I thought the vendors needed a special pa license to sell to pa residents?

Sent from my SM-N920T using Tapatalk

An OTP Licensed PA retailer may only purchase from a licensed distributor. Unclassified importers (consumers purchasing from out-of-state) may purchase from anyone; since, they pay the tax on the retail price plus shipping and the retailer only pays tax on the wholesale price.

 

[Verb]

Remember when a coil lighter came standard with every car. A tobacco pipe with a built in coil lighter is not covered under this tax. Food for thought.

 

[r77r7r]

It'd be fun to get together with all of you when we go to the Vaping Tax Prison. Hope it's upstate, nice up there. Probably be in Philly...

 

[Rossum]

It'd be fun to get together with all of you when we go to the Vaping Tax Prison. Hope it's upstate, nice up there. Probably be in Philly...

The'll never take me alive!

 

[zoiDman]

The'll never take me alive!

Are you a Bookkeeper's Son by any chance?

 

[Racehorse]

Ty. Maybe we should start a thread with a list of vendors that will.

That's a great idea!

No, it isn't.

I dont' know that much about PA but the laws in AR do not permit online sales / non face to face shipping of eliquids to individuals.

Publishing such a list of vendors, who are either unaware, or want to avoid taxes, licensing, or anything else, is a sure fire way to just announce who is breaking the laws of their state.

IF you want to do that as individuals, that is fine.(break laws).

To name companies, w/out their express permission, is absolute insanity.



I might add that, out of respect for vendors in this industry, I did not put them in the position of (illegally) shipping (eliquid) to me......I just didn't order. they have a lot more to lose. It is good to think of others once in a while while you're panicking.

 

[Racehorse]

I'm really not understanding why we can't get product shipped here?? What is a vendor's responsibility here?

When I had that question about Arkansas, I contacted the attorney for the ATC here......was more than happy to explain it all to me, considered it part of his job to help people understand compliance, regs, policies, etc.

I suggest you contact the person in your state with the same job. It IS their job after all.

Some of stuff you get on internet is not entirely.......um.........reliable. That is why I did what I did.

 

[Rossum]

I dont' know that much about PA but the laws in AR do not permit online sales / non face to face shipping of eliquids to individuals.

I can't find anything in PA law that prohibits an individual from "importing" vapor product into the state, or an out-of-state vendor from selling same to a PA resident, provided the PA resident reports the purchase and pays the tax.

When I had that question about Arkansas, I contacted the attorney for the ATC here......was more than happy to explain it all to me, considered it part of his job to help people understand compliance, regs, policies, etc.

I'm curious: Did he also explain what means Arkansas has to enforce its laws against out-of-state vendors?

 

[Rossum]

Are you a Bookkeeper's Son by any chance?

Nope, nor did I ever cross my old man.

I'm just a surly old curmudgeon who doesn't want to shoot no one, and I'm not saying how much dynamite I may or may not have.

 

[zoiDman]

Nope, nor did I ever cross my old man.

I'm just a surly old curmudgeon who doesn't want to shoot no one, and I'm not saying how much dynamite I may or may not have.

I Don't know why, but Every Time I think of the FDA's Deeming, or one of these Crazy State Laws, I think of the Name of that Steely Dan album.

And I Don't think it is because of the Outstanding guitar work that Larry Carlton did on it.

 

[Verb]

I just talked on the phone with PA dept of Revenue. Home

I used the Misc. Tax phone number. Beware, you need to enter your social to talk to a human. They were very helpful, though most every question I asked required holding and getting the assistance of the supervisor. She did a better job of hiding her smugness than I did at hiding my condescension, but I tried really hard.

1) Items that have multiple uses when purchased from a retail store that is not a "Vape Shop" are NOT taxed. Screws, O-rings, wick, wire, loose batteries, VG, ect. are only taxed if sold at a "Vape Shop." To quote the agent, "if it can be used as something else and it's not purchased at a vape shop, it is NOT covered."

2) Consumer to consumer sale of used durable equipment is PERMITTED.

3) My last question, which I thought would be the easiest, hadn't been asked before. When would the form for "Unclassified Importers" be available since the tax is active 10/01 and the first payment is due 11/20? I expressed knowing what information is required for the form would need to be known by 10/1 so I know what specific information about a purchase to save. She came back from placing me on hold and said something along the lines of, well, it shouldn't matter since you shouldn't be ordering from an unlicensed retailer. I was bit thrown. I replied with something like, I read the statute over several times and there is absolutely no indication of that requirement. There was a bit of fumbling on both ends of line, hum, ahh, but, ennnh, well, mmmm. My ability to remain pleasant had waned and figured I'd save further inquiry for another call. She threw out a "maybe mid-October" for when the form would be available. I thank her for her time and for the help.


Questions for a future call:
1) What are the restrictions on and what actions are permitted by "unclassified importers"?

2) When ordering from out-of-state, how would I know if a shop is a vape shop or not? Note: when asking about parts and materials, I asked what if I purchase VG from Amazon? That was not covered.

3) Liquid nicotine is typically sold by retailers that are not vape shops, the material they sell can not be used in a vaporizer as is, and has other uses. If liquid nicotine, in unvapable concentrations, is purchased from an out-of-state retailer, that is not a vape shop, is that purchase covered?

 

[Verb]

I was reading the bill again and there is a bit of a catch 22 in regards to filing a purchase as an unclassified importer. When filing the month following a purchase, you are exposed to a summary offense ($100 to $1000 fine plus costs) for possession of a tobacco product where the tax has not been paid. The only way to be in the clear: submit the tax after making an out-of-state purchase, but before receiving the shipment.

 

[mikepetro]

Jeesh!