Tobacco Litigation

          As many of you have known, in 2009 we entered into a lawsuit against the State of New York in which we were defending all places of business who sell tobacco products and were now being subject to pay the license fee based on their gross sales.  Since then, while the lawsuit was going on, a stay was issued and retail dealers were only to pay the fee of $100.00 per location and vending machine.  If the case was lost then the state would have been allowed to collect fees based on gross sales for the last two years.  Well goods news, the case was won!!!    The annual registration fees are now a flat rate of $300.00 for each retail location and $100.00 for each vending.  These fees are retroactive to the 2010 and 2011 calendar years.  If you are a dealer that paid a fee based on your gross sales you will be issued a refund for those years.   If you paid the $100.00 fee you will be required to pay the difference of $200.00 for each year.   The refunds will be generated automatically.  There is no need for you to fill out an application.  If you do not receive your refund by September 1, 2011 contact the NYS Dept of Taxation and Finance at 518-485-7652.

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