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Sec. 5701 Rate of tax

  • Internal Revenue Code of 1986
  • SUBTITLE E -- ALCOHOL, TOBACCO, AND CERTAIN OTHER EXCISE TAXES
  • Chapter 52 -- Tobacco Products and Cigarette Paper and Tubes
  • Subchapter A -- Definitions; Rate and Payment of Tax; Exemption from Tax; and Refund and Drawback of Tax

(a) Cigars. On cigars, manufactured in or imported into the United States, there shall be imposed the following taxes:

(1) Small cigars. On cigars, weighing not more than 3 pounds per thousand, $50.33 per thousand;

(2) Large cigars. On cigars weighing more than 3 pounds per thousand, a tax equal to 52.75 percent of the price for which sold but not more than 40.26 cents per cigar.

Cigars not exempt from tax under this chapter which are removed but not intended for sale shall be taxed at the same rate as similar cigars removed for sale.

(b) Cigarettes. On cigarettes, manufactured in or imported into the United States, there shall be imposed the following taxes:

(1) Small cigarettes. On cigarettes, weighing not more than 3 pounds per thousand, $50.33 per thousand;

(2) Large cigarettes. On cigarettes, weighing more than 3 pounds per thousand, $105.69 per thousand; except that, if more than 6-1/2 inches in length, they shall be taxable at the rate prescribed for cigarettes weighing not more than 3 pounds per thousand, counting each 2-3/4 inches, or fraction thereof, of the length of each as one cigarette.

(c) Cigarette papers. On cigarette papers, manufactured in or imported into the United States, there shall be imposed a tax of 3.15 cents for each 50 papers or fractional part thereof; except that, if cigarette papers measure more than 6-1/2 inches in length, they shall be taxable at the rate prescribed, counting each 2-3/4 inches, or fraction thereof, of the length of each as one cigarette paper.

(d) Cigarette tubes. On cigarette tubes, manufactured in or imported into the United States, there shall be imposed a tax of 6.30 cents for each 50 tubes or fractional part thereof, except that if cigarette tubes measure more than 6-1/2 inches in length, they shall be taxable at the rate prescribed, counting each 2-3/4 inches, or fraction thereof, of the length of each as one cigarette tube.

(e) Smokeless tobacco. On smokeless tobacco, manufactured in or imported into the United States, there shall be imposed the following taxes:

(1) Snuff. On snuff, $1.51 per pound and a proportionate tax at the like rate on all fractional parts of a pound.

(2) Chewing tobacco. On chewing tobacco, 50.33 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound.

(f) Pipe tobacco. On pipe tobacco, manufactured in or imported into the United States, there shall be imposed a tax of $2.8311 cents per pound (and a proportionate tax at the like rate on all fractional parts of a pound).

(g) Roll-your-own tobacco. On roll-your-own tobacco, manufactured in or imported into the United States, there shall be imposed a tax of $24.78 per pound (and a proportionate tax at the like rate on all fractional parts of a pound).

(h) Imported tobacco products and cigarette papers and tubes. The taxes imposed by this section on tobacco products and cigarette papers and tubes imported into the United States shall be in addition to any import duties imposed on such articles, unless such import duties are imposed in lieu of internal revenue tax.

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