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CHAPTER 214a
TOBACCO PRODUCTS TAX
Table of Contents
Sec. 12-330a. Definitions.
Sec. 12-330b. Distributors and unclassified importers to be licensed.
Sec. 12-330c. Imposition of tax on tobacco products other than cigarettes.
Sec. 12-330d. Distributors and unclassified importers to file return monthly including payment of tax. Penalty and interest applicable for failure to pay within time specified.
Sec. 12-330e. Suspension or revocation of license for failure to comply with this chapter or related regulations.
Sec. 12-330f. Penalties for manufacturing, acquiring, selling, possessing with intent to sell or transporting for sale tobacco products on which no tax has been paid.
Sec. 12-330g. Tobacco products on which no tax has been paid. Declared contraband goods when held for purposes in violation of this chapter. Seizure by commissioner or agent.
Sec. 12-330h. Property seized as contraband. Procedure for persons claiming an interest in the property.
Sec. 12-330i. Deficiency assessment. Penalty provisions. Assessment of tax when no return is filed.
Sec. 12-330j. Penalty for wilful failure to comply with this chapter or wilful submission of fraudulent document.
Sec. 12-330k. Hearings ordered by commissioner.
Sec. 12-330l. Application for hearing before commissioner.
Sec. 12-330m. Appeal.
Sec. 12-330n. Administration. Regulations.
Sec. 12-330o. Records of shipments and receipts of tobacco products required of common and contract carriers, bailees and warehousemen.
Sec. 12-330p. Overpayments and refunds.
As used in this chapter: (1) "Commissioner" means the
Commissioner of Revenue Services; (2) "tobacco products" means cigars, cheroots,
stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff tobacco products, cavendish, plug and twist tobacco, fine cut and other
chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco
and all other kinds and forms of tobacco, prepared in such manner as to be suitable for
chewing or smoking in a pipe or otherwise or for both chewing and smoking, but shall
not include any cigarette, as defined in section 12-285, or any roll-your-own tobacco,
as defined in section 12-285; (3) "distributor" means (A) any person in this state engaged
in the business of manufacturing tobacco products, (B) any person who purchases tobacco products at wholesale from manufacturers or other distributors for sale, or (C)
any person who imports into this state tobacco products, at least seventy-five per cent
of which are to be sold; (4) "unclassified importer" means any person, other than a
distributor, who imports, receives or acquires tobacco products from outside this state
for use or consumption in this state; (5) "sale" or "sell" includes or applies to gifts,
exchanges and barter; (6) "wholesale sales price" means, in the case of a manufacturer
of tobacco products, the price set for such products or, if no price has been set, the
wholesale value of such products, and, in the case of a distributor who is not a manufacturer of tobacco products, the price at which the distributor purchased such products,
and, in the case of an unclassified importer of tobacco products, the price at which the
unclassified importer purchased such products; and (7) "snuff tobacco products" means
only those snuff tobacco products that have imprinted on the packages the designation
"snuff" or "snuff flour", or the federal tax designation "Tax Class M", or both.
(P.A. 89-251, S. 24, 203; P.A. 90-115, S. 2, 5; P.A. 00-170, S. 36, 42; June Sp. Sess. P.A. 01-6, S. 28, 85.)
History: P.A. 90-115 amended the definition of "unclassified importer" and added the definition of "wholesale sales
price"; P.A. 00-170 deleted snuff and snuff flour from the definition of "tobacco products", effective July 1, 2000, and
applicable to sales occurring on or after that date; June Sp. Sess. P.A. 01-6 added Subdiv. designators for each definition,
included snuff tobacco products and roll-your-own tobacco in definition of "tobacco products" and added definition of
"snuff tobacco products", effective January 1, 2002.
Each distributor or unclassified importer shall obtain a license issued by the commissioner before
manufacturing, purchasing, importing, receiving or acquiring any tobacco products in
this state. The commissioner may, in his discretion, refuse to issue a license if he has
reasonable ground to believe (1) that the applicant has wilfully made any false statement
of substance with respect to such application for license, (2) that the applicant has neglected to pay any taxes due to this state, or (3) that the applicant has been convicted
of violating any of the cigarette or other tobacco product tax laws of this or any other
state or the cigarette tax laws of the United States or has such a criminal record that the
commissioner reasonably believes that such applicant is not a suitable person to be
issued a license, provided no refusal shall be rendered under this subdivision except in
accordance with the provisions of sections 46a-80 and 46a-81. The fee for a distributor's
license shall be one hundred dollars a year. There shall be no fee for an unclassified
importer's license. Each license so issued shall be properly displayed on the premises
covered by the license. The commissioner shall prescribe the form of application for a
distributor's license and for an unclassified importer's license.
(P.A. 89-251, S. 25, 203; P.A. 90-115, S. 3, 5.)
History: P.A. 90-115 eliminated the fee applicable in the case of the license required for an unclassified importer.
(a)(1) A tax is imposed on all tobacco products held in this state by any person. Except
as otherwise provided in subdivision (2) of this subsection with respect to the rate of
tax on snuff tobacco products, the tax shall be imposed at the rate of twenty per cent of
the wholesale sales price of such products.
(2) The tax shall be imposed on snuff tobacco products, on the net weight as listed
by the manufacturer, as follows: Forty cents per ounce of snuff and a proportionate tax
at the like rate on all fractional parts of an ounce of snuff.
(b) Said tax shall be imposed on the distributor or the unclassified importer at the
time the tobacco product is manufactured, purchased, imported, received or acquired
in this state.
(c) Said tax shall not be imposed on any tobacco products which (1) are exported
from the state, or (2) are not subject to taxation by this state pursuant to any laws of the
United States.
(P.A. 89-251, S. 26, 203; P.A. 90-115, S. 4, 5; P.A. 00-174, S. 81, 83; June Sp. Sess. P.A. 01-6, S. 29, 85.)
History: P.A. 90-115 deleted application of the tax in Subsec. (a) to the wholesale value of the tobacco product if no
price has been set; P.A. 00-174 added provisions re a separate tax on snuff tobacco products, effective July 1, 2000; June
Sp. Sess. P.A. 01-6 added exception for snuff tobacco products in Subsec. (a)(1), modified provision for taxation of snuff
by weight in Subsec. (a)(2) and deleted references to snuff tobacco products in Subsecs. (b) and (c), effective January 1, 2002.
Sec. 12-330d. Distributors and unclassified importers to file return monthly
including payment of tax. Penalty and interest applicable for failure to pay within
time specified. Each licensed distributor and each licensed unclassified importer shall
file with the commissioner, on or before the twenty-fifth day of each month, a report
for the calendar month immediately preceding in such form and containing such information as the commissioner may prescribe. The return shall be accompanied by a payment of the amount of the tax shown to be due thereon. The commissioner may, by
regulations adopted in accordance with chapter 54, require that each distributor and
unclassified importer report the names and addresses of its customers, if any, annually,
with changes in such lists to be reported to the commissioner monthly not later than the
tenth day of each month. If any person fails to pay the amount of tax reported due on
its report within the time specified under this section, there shall be imposed a penalty
equal to ten per cent of such amount due and unpaid, or fifty dollars, whichever is greater.
Such amount shall bear interest at the rate of one per cent per month or fraction thereof,
from the due date of such tax until the date of payment. Subject to the provisions of
section 12-3a, the commissioner may waive all or part of the penalties provided under
this chapter when it is proven to the commissioner's satisfaction that the failure to pay
any tax was due to reasonable cause and was not intentional or due to neglect.
(P.A. 89-251, S. 27, 203; P.A. 95-26, S. 12, 52; P.A. 00-174, S. 30, 83.)
History: P.A. 95-26 lowered the interest rate from one and one-fourth to one per cent, effective July 1, 1995, and
applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date;
P.A. 00-174 changed the filing date from the tenth to the twenty-fifth day of each month, eliminated a requirement for
regulations re report form and information and made technical changes, effective May 26, 2000, and applicable to reports
for periods commencing on or after July 1, 2000.
Sec. 12-330e. Suspension or revocation of license for failure to comply with
this chapter or related regulations. The commissioner may suspend or revoke the
license of any distributor or unclassified importer for failure to comply with any provision of this chapter, or regulations related thereto, following a hearing with respect to
which notice in writing, specifying the time and place of such hearing and requiring
such distributor or unclassified importer to show cause why such license should not be
revoked, is mailed or delivered to such distributor or unclassified importer not less than
ten days preceding the date of such hearing. Such notice may be served personally or
by registered or certified mail. The commissioner shall not issue a new license to a
former licensee whose license was revoked unless the commissioner is satisfied that
such former licensee will comply with the provisions of this chapter or regulations
related thereto.
(P.A. 89-251, S. 28, 203; P.A. 98-262, S. 3, 22.)
History: P.A. 98-262 changed the term "distributor" to "importer", effective June 8, 1998.
Sec. 12-330f. Penalties for manufacturing, acquiring, selling, possessing with
intent to sell or transporting for sale tobacco products on which no tax has been
paid. (a) Any person, other than a licensed distributor or a licensed unclassified importer,
who knowingly manufactures, purchases, imports, receives or acquires any tobacco
products upon which no tax has been paid in accordance with the provisions of this
chapter, shall be fined not more than five hundred dollars or imprisoned for not more
than three months, or both, for each offense. Each day of any such unauthorized operation
may be deemed a separate offense.
(b) No distributor or unclassified importer shall sell, offer for sale, display for sale
or possess with intent to sell, any tobacco products upon which no tax has been paid
in accordance with the provisions of this chapter, provided a licensed distributor or
unclassified importer may keep on hand, at the location for which his license is issued,
tobacco products upon which no such tax has been paid for a period not exceeding forty-
one days. Any tobacco products in the possession of a distributor or unclassified importer
shall be presumed to have been held by him for more than forty-one days unless proof
is shown to the contrary. Any person who knowingly violates any provision of this
subsection shall be fined not more than one thousand dollars or imprisoned not more
than one year or both.
(c) (1) Any person, whether or not previously convicted of violation of any provision of this section, who transports for sale, sells or offers for sale tobacco products
upon which a tax of two thousand five hundred dollars or more would be due under the
provisions of this chapter, but upon which no tax has been paid, and (2) any person,
whether or not previously convicted of violation of any provision of this section, who
wilfully attempts to evade the taxes imposed by this chapter, or the payment thereof on
tobacco products upon which a tax of two thousand five hundred dollars or more would
be due but upon which no tax has been paid, shall be fined not more than five thousand
dollars or imprisoned not less than one year nor more than five years or both.
(P.A. 89-251, S. 29, 203.)
All tobacco products upon which taxes are imposed by this chapter,
but upon which no tax has been paid, which are in the possession, custody or control
of any person for the purpose of being consumed, sold or transported in this state for
the purpose of evading or violating the provisions of this chapter or with intent to avoid
payment of the tax imposed hereunder, and any automobile, truck, conveyance or other
vehicle used in the transportation of such tobacco products, and all paraphernalia, equipment or other tangible personal property, incident to the use of such purposes, found in
the place, building, vehicle or vehicles where such tobacco products are found, are
declared to be contraband goods; and any house, building or other premises and any
vehicle or other conveyance suspected of containing such contraband goods may be
searched under due process of law; and any such contraband goods may be seized by
the commissioner, his agents or employees, or by any peace officer of this state when
directed by the commissioner to do so, without a warrant, provided nothing herein shall
be construed to require the commissioner to confiscate any tobacco products or property
when he has reason to believe that the owner thereof is not wilfully or intentionally
evading the tax imposed by this chapter. Any property seized under the provisions of
this chapter may, at his discretion, be offered by the commissioner for sale at public
auction to the highest bidder after advertisement, as provided in section 12-330h, or he
may dispose of such property in a manner in which he deems to be in the best interest
of the state. The commissioner shall deliver to the State Treasurer the proceeds of any
sale made under the provisions of this section. The seizure and sale of any tobacco
products or other property under the provisions of this section shall not relieve any
person from a fine or other penalty for violation of this chapter.
(P.A. 89-251, S. 30, 203; P.A. 91-406, S. 15, 29.)
History: P.A. 91-406 confirmed the numbering of this section as Sec. 12-330g, thereby correcting a typographical error.
Sec. 12-330h. Property seized as contraband. Procedure for persons claiming
an interest in the property. When any property has been seized under the provisions
of section 12-330g, the commissioner may, at his discretion, after a hearing as provided
in section 12-330l, advertise such property for sale in a newspaper published or having
a circulation in the town in which the seizure took place, at least five days before the
sale. Any person claiming an interest in such property may make written application to
the commissioner for a hearing, stating his interest in the property and his reasons why
it should not be forfeited. Further proceedings on such application for hearing shall be
taken as provided in sections 12-330l and 12-330m. No sale of any property under the
provisions of section 12-330m shall be made while an application for a hearing is pending
before the commissioner, but the pendency of an appeal under the provisions of section
12-330g shall not prevent the sale unless the appellant posts a satisfactory bond, with
surety, in an amount double the estimated value of the property, conditioned upon the
successful termination of the appeal.
(P.A. 89-251, S. 31, 203.)
Sec. 12-330i. Deficiency assessment. Penalty provisions. Assessment of tax
when no return is filed. (a) Each distributor and each unclassified importer shall keep
complete and accurate records of all tobacco products manufactured, produced, purchased and sold. Such records shall be of such kind and in such form as the commissioner
may prescribe and shall be safely preserved for three years in such manner as to ensure
permanency and accessibility for inspection by the commissioner and his authorized
agents. The commissioner and his authorized agents may examine the books, papers
and records of any distributor or unclassified importer in this state for the purpose of
determining whether the tax imposed by this chapter has been fully paid, and may investigate and examine the stock of tobacco products in or upon any premises where such
tobacco products are possessed, stored or sold for the purpose of determining whether
the provisions of this chapter are being obeyed. If, after an examination of the invoices,
books and records of a licensed distributor or unclassified importer, or if, from any other
information obtained by him or his authorized agents, the commissioner determines that
the report of any licensed distributor or licensed unclassified importer is incorrect, he
shall thereupon assess the deficiency in tax. Such amount shall bear interest at the rate
of one per cent per month or fraction thereof from the date when the original tax was
due and payable. When it appears that any part of the deficiency for which a deficiency
assessment is made is due to negligence or intentional disregard of the provisions of
this chapter or regulations promulgated thereunder, there shall be imposed a penalty
equal to ten per cent of the amount of such deficiency assessment, or fifty dollars,
whichever is greater. When it appears that any part of the deficiency for which a deficiency assessment is made is due to fraud or intent to evade the provisions of this chapter
or regulations promulgated thereunder, there shall be imposed a penalty equal to twenty-
five per cent of the amount of such deficiency assessment. No taxpayer shall be subject
to more than one penalty under this subsection in relation to the same tax period. The
amount of any tax, penalty or interest due and unpaid under the provisions of this chapter
may be collected under the provisions of section 12-35. The warrant therein provided
for shall be signed by the commissioner or his authorized agent. The amount of any
such tax, penalty and interest shall be a lien, from the last day of the month next preceding
the due date of such tax until discharged by payment, against all real estate of the taxpayer
within the state, and a certificate of such lien signed by the commissioner may be filed
for record in the office of the clerk of any town in which such real estate is situated,
provided no such lien shall be effective as against any bona fide purchaser or qualified
encumbrancer of any interest in any such property. When any tax with respect to which
a lien has been recorded under the provisions of this section has been satisfied, the
commissioner, upon request of any interested party, shall issue a certificate discharging
such lien, which certificate shall be recorded in the same office in which the lien is
recorded. Any action for the foreclosure of such lien shall be brought by the Attorney
General in the name of the state in the superior court for the judicial district in which
the property subject to such lien is situated, or, if such property is located in two or more
judicial districts, in the superior court for any one such judicial district, and the court
may limit the time for redemption or order the sale of such property or make such other
or further decree as it judges equitable.
(b) Except in the case of a wilfully false or fraudulent return with intent to evade
the tax, no assessment of additional tax with respect to any return shall be made after
the expiration of more than three years from the date of the filing of such return or from
the original due date of such return, whichever is later. If no return has been filed as
provided in this chapter the commissioner may make such return at any time thereafter,
according to the best information obtainable and according to the form prescribed. To
the tax imposed upon the basis of such return, there shall be added an amount equal to
ten per cent of such tax, or fifty dollars, whichever is greater. The tax shall bear interest
at the rate of one per cent per month or fraction thereof from the due date of such tax
to the date of payment. If prior to the expiration of the period prescribed in this section
for the assessment of additional tax, a taxpayer has consented in writing that such period
may be extended, the amount of such additional tax due may be determined at any time
within such extended period. Any such extended period may be further extended by
consent in writing before the expiration of such extended period.
(P.A. 89-251, S. 32, 203; May Sp. Sess. P.A. 94-4, S. 56, 85; P.A. 95-26, S. 13, 52; 95-160, S. 64, 69.)
History: May Sp. Sess. P.A. 94-4 in Subsec. (b) reduced interest rate from one and one-fourth per cent to one per cent
and provided that such interest may only be applied on the tax rather than on the tax and any penalty, effective July 1,
1995, and applicable to taxes due and owing on or after said date; P.A. 95-26 amended Subsec. (a) to lower interest rate
from one and one-fourth to one per cent and made technical changes, effective July 1, 1995, and applicable to taxes due
and owing on or after July 1, 1995, whether or not those taxes first became due before said date; P.A. 95-160 revised
effective date of May Sp. Sess. P.A. 94-4 but without affecting this section.
Sec. 12-330j. Penalty for wilful failure to comply with this chapter or wilful
submission of fraudulent document. (a) Any person required under this chapter to
pay any tax or to make a report, keep any records or supply any information, who wilfully
fails to pay such tax, make such report, keep such records, or supply such information,
at the time required by law or regulations, shall, in addition to any other penalty provided
by law, be fined not more than one thousand dollars or imprisoned not more than one
year or both. Notwithstanding the provisions of section 54-193, no person shall be prosecuted for a violation of the provisions of this subsection committed on or after July 1,
1997, except within three years next after such violation has been committed. As used
in this section, "person" includes any officer or employee of a corporation or a member
or employee of a partnership under a duty to pay such tax, to make such report, keep
such records or supply such information.
(b) Any person who wilfully delivers or discloses to the commissioner or his authorized agent any list, report, account, statement, or other document, known by him to be
fraudulent or false in any material matter, shall, in addition to any other penalty provided
by law, be fined not more than five thousand dollars or imprisoned not more than five
years nor less than one year or both. No person shall be charged with an offense under
both subsections (a) and (b) of this section in relation to the same tax period but such
person may be charged and prosecuted for both such offenses upon the same information.
(P.A. 89-251, S. 33, 203; P.A. 97-203, S. 5, 20.)
P.A. 97-203 amended Subsec. (a) to extend to three years the time within which persons wilfully failing to file tax
returns or pay taxes may be criminally prosecuted, effective July 1, 1997.
The commissioner and any
agent of the commissioner authorized to conduct any inquiry, investigation or hearing
hereunder shall have power to administer oaths and take testimony under oath relative
to the matter of inquiry or investigation. At any hearing ordered by the commissioner,
the commissioner or his agent authorized to conduct such hearing and having authority
by law to issue such process may subpoena witnesses and require the production of
books, papers and documents pertinent to such inquiry. No witness under subpoena
authorized to be issued by the provisions of this chapter shall be excused from testifying
or from producing books or papers on the ground that such testimony or the production
of such books or other documentary evidence would tend to incriminate him, but such
evidence or the books or papers so produced shall not be used in any criminal proceeding
against him. If any person disobeys such process or, having appeared in obedience
thereto, refuses to answer any pertinent question put to him by the commissioner or his
authorized agent or to produce any books and papers pursuant thereto, the commissioner
or such agent may apply to the superior court of the judicial district wherein the taxpayer
resides or wherein the business has been conducted, or to any judge of said court if the
same is not in session, setting forth such disobedience to process or refusal to answer,
and said court or such judge shall cite such person to appear before said court or such
judge to answer such question or to produce such books and papers, and, upon his refusal
so to do, shall commit him to a community correctional center until he testifies, but not
for a longer period than sixty days. Notwithstanding the serving of the term of such
commitment by any person, the commissioner may proceed in all respects with such
inquiry and examination as if the witness had not previously been called upon to testify.
Officers who serve subpoenas issued by the commissioner or under his authority and
witnesses attending hearings conducted by him hereunder shall receive fees and compensation at the same rates as officers and witnesses in the courts of this state, to be
paid on vouchers of the commissioner on order of the Comptroller from the proper
appropriation for the administration of this chapter.
(P.A. 89-251, S. 34, 203.)
Any person aggrieved by any action under this chapter of the commissioner or his authorized agent
for which hearing is not elsewhere provided may apply to the commissioner, in writing,
within sixty days after the notice of such action is delivered or mailed to him, for a
hearing, setting forth the reasons why such hearing should be granted and the manner
of relief sought. The commissioner shall promptly consider each such application and
may grant or deny the hearing requested. If the hearing is denied, the applicant shall be
notified thereof forthwith; if it is granted, the commissioner shall notify the applicant
of the time and place fixed for such hearing. After such hearing, the commissioner may
make such order in the premises as appears to him just and lawful and shall furnish a
copy of such order to the applicant. The commissioner may, by notice in writing, at any
time, order a hearing on his own initiative and require the taxpayer or any other individual
whom he believes to be in possession of information concerning any manufacture, importation or sale of tobacco products which have escaped taxation to appear before him
or his authorized agent with any specific books of account, papers or other documents,
for examination relative thereto.
(P.A. 89-251, S. 35, 203; P.A. 91-236, S. 5, 25.)
History: P.A. 91-236 provided for sixty, rather than thirty, days to request a hearing, effective July 1, 1991, and applicable
to taxes due on or after that date.
Any person aggrieved because of any decision, order, determination or disallowance of the commissioner under the provisions of this chapter
may, within one month after service upon such person of notice of such decision, order,
determination or disallowance, appeal therefrom to the superior court for the judicial
district of New Britain, which appeal shall be accompanied by a citation to the commissioner to appear before said court. Such citation shall be signed by the same authority,
and such appeal shall be returnable at the same time and served and returned in the same
manner, as is required in case of a summons in a civil action. The authority issuing the
citation shall take from the appellant a bond or recognizance to the state of Connecticut,
with surety to prosecute the appeal to effect and to comply with the orders and decrees
of the court in the premises. Such appeals shall be preferred cases, to be heard, unless
cause appears to the contrary, at the first session, by the court or by a committee appointed
by it. Said court may grant such relief as may be equitable and, if such tax has been paid
prior to the granting of such relief, may order the Treasurer to pay the amount of such
relief, with interest at the rate of six per cent per annum, to the aggrieved taxpayer. If
the appeal has been taken without probable cause, the court may tax double or triple
costs, as the case demands; and, upon all such appeals which are denied, costs may be
taxed against the appellant at the discretion of the court, but no costs shall be taxed
against the state.
(P.A. 88-230, S. 1, 12; P.A. 89-251, S. 36, 203; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 46; P.A.
99-215, S. 24, 29.)
History: (Revisor's note: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of
Hartford-New Britain" in public and special acts of 1989, effective September 1, 1991); P.A. 90-98 changed the effective
date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed effective date of P.A. 88-230
from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of
Hartford" with "judicial district of New Britain", effective June 29, 1999.
The administration of this chapter
is vested in the commissioner. All forms necessary and proper for enforcement shall be
prescribed and furnished by the commissioner. The commissioner may require any
agent, clerk, stenographer or other assistant to execute a bond in such sum as said commissioner determines for the faithful discharge of his duties. The commissioner may
prescribe regulations and rulings, not inconsistent with law, to carry into effect the
provisions of this chapter, which regulations and rulings, when reasonably designed to
carry out the intent and purpose of this chapter shall be prima facie evidence of its
proper interpretation. The commissioner shall, at least annually, and more often in his
discretion, publish for distribution all regulations prescribed hereunder and such rulings
as appear to him to be of general interest.
(P.A. 89-251, S. 37, 203; P.A. 90-271, S. 8, 24.)
History: P.A. 90-271 made technical change.
Sec. 12-330o. Records of shipments and receipts of tobacco products required
of common and contract carriers, bailees and warehousemen. The Commissioner
of Revenue Services may, in his discretion, require reports from any common or contract
carrier who transports tobacco products to any point or points within this state, and from
any bonded warehouseman or bailee who has in his possession any tobacco products,
such reports to contain such information concerning shipments of tobacco products as
the Commissioner of Revenue Services shall determine to be necessary for the administration of this chapter. All common and contract carriers, bailees and warehousemen
shall permit the examination by the Commissioner of Revenue Services or his authorized
agent of any records relating to the shipment or receipt of tobacco products.
(P.A. 90-115, S. 1, 5.)
(a) Any person believing that he has
overpaid any tax due under the provisions of this chapter may file, in writing, a claim
for refund with the Commissioner of Revenue Services within three years from the due
date for which such overpayment was made, stating the specific grounds upon which
the claim is founded. Failure to file a claim within the time prescribed in this section
constitutes a waiver of any demand against the state on account of such overpayment.
Not later than ninety days following receipt of such claim for refund, the commissioner
shall determine whether such claim is valid and, if so determined the commissioner
shall notify the State Comptroller of the amount of such refund and the State Comptroller
shall draw an order on the State Treasurer in the amount thereof for payment to the
claimant. If the commissioner determines that such claim is not valid, either in whole
or in part, he shall mail notice of the proposed disallowance in whole or in part of the
claim to the claimant, which notice shall set forth briefly the commissioner's findings
of fact and the basis of disallowance in each case decided in whole or in part adversely
to the claimant. Sixty days after the date on which it is mailed, a notice of proposed
disallowance shall constitute a final disallowance except only for such amounts as to
which the claimant has filed a written protest with the commissioner as provided in
subsection (b) of this section.
(b) On or before the sixtieth day after the mailing of the proposed disallowance,
the claimant may file with the commissioner a written protest against the proposed
disallowance in which the claimant sets forth the grounds on which the protest is based.
If the protest is filed, the commissioner shall reconsider the proposed disallowance
and, if the claimant has so requested, may grant or deny the claimant or the claimant's
authorized representatives an oral hearing.
(c) The commissioner shall mail notice of his determination to the claimant, which
notice shall set forth briefly the commissioner's findings of fact and the basis of decision
in each case decided in whole or in part adversely to the claimant.
(d) The action of the commissioner on the claimant's protest shall be final upon the
expiration of one month from the date on which he mails notice of his action to the
claimant unless within such period the claimant seeks judicial review of the commissioner's determination pursuant to section 12-330m.
(P.A. 98-262, S. 4, 22.)
History: P.A. 98-262 effective June 8, 1998.
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