Are you done stocking up?

Sugar_and_Spice

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What PA has done makes Indiana almost seem mild in comparison. Geez I hate these over the top taxes.
It not just the taxes for newly bought merchandise....they want to come after individuals in possession of vape supplies, and if you can't prove you already paid tax on it, it becomes a criminal offense.
YIKES!!!
 

bnrkwest

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It not just the taxes for newly bought merchandise....they want to come after individuals in possession of vape supplies, and if you can't prove you already paid tax on it, it becomes a criminal offense.
YIKES!!!
Are they doing this to cigars, smoking pipes, roll your own supplies, chewing tobacco and everything else too? How on earth can they do that and how far back does that go? I mean are they going to tax consumed products from 2007 or what ? It is insane!
 

Iron Molly

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It not just the taxes for newly bought merchandise....they want to come after individuals in possession of vape supplies, and if you can't prove you already paid tax on it, it becomes a criminal offense.
YIKES!!!

I really doubt they are going to search out people with supplies. It's just not practical. It will probably go the way tobacco sales do. If you buy online, and don't pay the tax, they periodically pull those records and send you a tax bill.
 

bnrkwest

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I really doubt they are going to search out people with supplies. It's just not practical. It will probably go the way tobacco sales do. If you buy online, and don't pay the tax, they periodically pull those records and send you a tax bill.
I was reading another post and said purchases prior to tax law date has to prove you paid required taxes due at that time. But online sales out of state have no tax. So maybe out of state purchases are ok before tax date? They were legal purchases at the time.
 
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Iron Molly

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I don't really see how they can go after things legally purchased prior to the regs, whether or not you can prove it. If the cig tax or any other tax goes up, and you stock up on the item beforehand, they don't come after you for the difference. I know that here, right before they instituted a luxury tax, there was a flurry of boat buying!
 

Sugar_and_Spice

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I don't really see how they can go after things legally purchased prior to the regs, whether or not you can prove it. If the cig tax or any other tax goes up, and you stock up on the item beforehand, they don't come after you for the difference. I know that here, right before they instituted a luxury tax, there was a flurry of boat buying!
You are trying to apply logic to where there is none. Please read the post I linked. They have written that into their laws.
 

Sugar_and_Spice

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I was reading another post and said purchases prior to tax law date has to prove you paid required taxes due at that time. But online sales out of state have no tax. So maybe out of state purchases are ok before tax date? They were legal purchases at the time.
Not entirely true. Look at your invoice from Azure. They charged me a tax(small not the inflated one) and I don't reside in PA.
 
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Iron Molly

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You are trying to apply logic to where there is none. Please read the post I linked. They have written that into their laws.

It refers to "proper tax paid." If when you bought it, there was no proper tax in effect to pay, you are good. They are not retroactively taxing things you have already purchased.
 
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mattiem

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I can't bring myself to order anything from them although I do feel bad for them knowing what they are facing right now. I used to be a customer but it seems I wasn't very important to them. Money was tight back then and it hurt to have to pour a 120ml bottle of e-liquid down the drain :( They did me a favor though. It pushed me into DIY.
 

BreSha6869

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People, just do yourselves a favour and buy some NIC to throw in the freezer. Even if you think all else will be fine. Even if we wake up tomorrow and this was all a bad dream, juice WILL ultimately be taxed by most global governments. It will be a $15 BILLION industry within the next 3 years. GOVT will NOT stand by and just watch.

Stocking up on flavours, PG/VG and wire is unnecessary and once eJuice is scarce/prohibitively expensive, there will likely be a ton of used mods and tanks on the secondary market. NIC is the missing link.

As of today, I am stocked for the rest of my life and my wife's and likely a few friends.

Thanks for all of your stocking up advice and good luck!
 

Sugar_and_Spice

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It refers to "proper tax paid." If when you bought it, there was no proper tax in effect to pay, you are good. They are not retroactively taxing things you have already purchased.
I hope you are correct. But, that is not how Azure is reading it as evidenced here.
CALL TO ACTION! - Pennsylvania: 40% tax = game over for vape


In fact, even supplies that you have in your own possession in PA, regardless of when you bought them, may be covered:

Section 1207-A. Sales or possession of tobacco product when tax
not paid.
(a) Sales or possession.--Any person who sells or possesses
any tobacco product for which the proper tax has not been paid
commits a summary offense and shall, upon conviction, be
sentenced to pay costs of prosecution and a fine of not less
than $100 nor more than $1,000 or to imprisonment for not more
than 60 days, or both, at the discretion of the court. Any
tobacco products purchased from a wholesaler properly licensed
under this article shall be presumed to have the proper taxes
paid.
(b) Tax evasion.--Any person that shall falsely or
fraudulently, maliciously, intentionally or willfully with
intent to evade the payment of the tax imposed by this article
sells or possesses any tobacco product for which the proper tax
has not been paid commits a felony and shall, upon conviction,
be sentenced to pay costs of prosecution and a fine of not more
than $5,000 or to imprisonment for not more than five years, or
both, at the discretion of the court.

So, if you're walking around with a bottle of juice you've had for years, or DIY? Apparently, it's up to a 5 year prison sentence.

So lets say you CAN find a vendor who meets all criteria, and you get some liquid from them, paying a price that'll cover the extra taxes... wait, you lost the receipt??

Section 1214-A. Failure to furnish information, returning false
information or failure to permit inspection.
(a) Penalty.--Any taxpayer who fails to keep or make any
record, return, report, inventory or statement, or keeps or
makes any false or fraudulent record, return, report, inventory
or statement required by this article commits a misdemeanor and
shall, upon conviction, be sentenced to pay costs of prosecution
and a fine of $500 and to imprisonment for not more than one
year, or both, at the discretion of the court.

Prison time, again. It should say retailer, or wholesaler, but it doesn't. This entire section of law makes it clear that these rules all apply to individual persons as well, not just the businesses or their representatives.

"Unclassified importer." A consumer who purchases tobacco
products using the Internet or mail order catalogs for personal
possession or use in this Commonwealth from persons that are not
licensed.
...
1202-A (c) Unclassified importer.--The tax is imposed on an
unclassified importer at the time of purchase at the same rate
as in subsections (a) and (a.1) based on the unclassified
importer's purchase price of the tobacco products. The
unclassified importer shall remit the tax to the department
 

Iron Molly

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Again, proper tax. There was none to pay when you bought the item.

These regs are essentially the same as those for taxed tobacco, meant to put penalties on black market items. They don't go searching house to house for untaxed cigs, as far as I know. Don't get caught selling them out of the trunk of your car though!
 

bnrkwest

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I hope you are correct. But, that is not how Azure is reading it as evidenced here.
CALL TO ACTION! - Pennsylvania: 40% tax = game over for vape


In fact, even supplies that you have in your own possession in PA, regardless of when you bought them, may be covered:

Section 1207-A. Sales or possession of tobacco product when tax
not paid.
(a) Sales or possession.--Any person who sells or possesses
any tobacco product for which the proper tax has not been paid
commits a summary offense and shall, upon conviction, be
sentenced to pay costs of prosecution and a fine of not less
than $100 nor more than $1,000 or to imprisonment for not more
than 60 days, or both, at the discretion of the court. Any
tobacco products purchased from a wholesaler properly licensed
under this article shall be presumed to have the proper taxes
paid.
(b) Tax evasion.--Any person that shall falsely or
fraudulently, maliciously, intentionally or willfully with
intent to evade the payment of the tax imposed by this article
sells or possesses any tobacco product for which the proper tax
has not been paid commits a felony and shall, upon conviction,
be sentenced to pay costs of prosecution and a fine of not more
than $5,000 or to imprisonment for not more than five years, or
both, at the discretion of the court.

So, if you're walking around with a bottle of juice you've had for years, or DIY? Apparently, it's up to a 5 year prison sentence.

So lets say you CAN find a vendor who meets all criteria, and you get some liquid from them, paying a price that'll cover the extra taxes... wait, you lost the receipt??

Section 1214-A. Failure to furnish information, returning false
information or failure to permit inspection.
(a) Penalty.--Any taxpayer who fails to keep or make any
record, return, report, inventory or statement, or keeps or
makes any false or fraudulent record, return, report, inventory
or statement required by this article commits a misdemeanor and
shall, upon conviction, be sentenced to pay costs of prosecution
and a fine of $500 and to imprisonment for not more than one
year, or both, at the discretion of the court.

Prison time, again. It should say retailer, or wholesaler, but it doesn't. This entire section of law makes it clear that these rules all apply to individual persons as well, not just the businesses or their representatives.

"Unclassified importer." A consumer who purchases tobacco
products using the Internet or mail order catalogs for personal
possession or use in this Commonwealth from persons that are not
licensed.
...
1202-A (c) Unclassified importer.--The tax is imposed on an
unclassified importer at the time of purchase at the same rate
as in subsections (a) and (a.1) based on the unclassified
importer's purchase price of the tobacco products. The
unclassified importer shall remit the tax to the department
OUCH! So glad I moved from PA, geez!
 
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bnrkwest

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People, just do yourselves a favour and buy some NIC to throw in the freezer. Even if you think all else will be fine. Even if we wake up tomorrow and this was all a bad dream, juice WILL ultimately be taxed by most global governments. It will be a $15 BILLION industry within the next 3 years. GOVT will NOT stand by and just watch.

Stocking up on flavours, PG/VG and wire is unnecessary and once eJuice is scarce/prohibitively expensive, there will likely be a ton of used mods and tanks on the secondary market. NIC is the missing link.

As of today, I am stocked for the rest of my life and my wife's and likely a few friends.

Thanks for all of your stocking up advice and good luck!
I agree Nic is most important.
 
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