Instructions For Form 2374 - Michigan Tobacco Products Inventory Tax Return

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Instructions for Michigan Tobacco Products
Inventory Tax Return (Form 2374)
In accordance with House Bill 5248 - Bill to amend P.A. 327
know or cannot identify the wholesale price of the OTP,
of 1993 (the "Tobacco Products Tax Act") every licensed
you may use 50% of the OTP retail price (excluding sales
wholesaler, unclassified acquirer, secondary wholesaler,
tax) as the wholesale price.
cigarette vending machine operator and retailer must submit
an inventory of all cigarettes on hand as of the close of
Attention vending machine operators
business on July 31, 2002. Inventory will also need to be
Each vending machine operator should take a physical
submitted on all Other Tobacco Products (OTP) on hand as
inventory of as many machines as possible with available
of the close of business on July 31, 2002. The tax due on
personnel. If it is impossible to take a physical inventory of
your July 31 cigarette inventory will be $.025 per cigarette,
each vending machine, the vending machine operator may
or $.50 on a 20-cigarette pack, and $.625 on a 25-cigarette
pay a tobacco products floor tax based on one-half of the
pack. The tax due on your July 31 OTP will be $.04 on the
normal fill capacity for those machines that cannot be
wholesale price of the OTP. This form must be filed with the
physically inventoried on July 31, 2002.
Department of Treasury and the tax paid by September 3,
2002.
Normal fill capacity means the inventory as indicated on the
individual inventory record maintained for each vending
The amount of tax due on your July 31, 2002 inventory is
machine on location. For example, if the normal fill capacity
equal to the increase in the cigarette tax rate as follows:
of a machine is 200 cigars and the wholesale price of each
from 37.5 mills to 62.5 mills per cigarette, or from $.75 to
cigar is $2.50, the Department will permit the vending
$1.25 on a 20-cigarette pack and from $.9375 to $1.56 on a
machine operator to report a tax based on one-half of 200,
25-cigarette pack. All cigarettes sold as of August 1, 2002
or 100 cigars, at 4% of their wholesale price of $250 (100
are subject to the new tax rate.
cigars x $2.50) for a tobacco products floor tax due of $10.00
(4% x $250) for that machine.
The amount of tax due on your July 31, 2002 inventory is
equal to the increase in the other tobacco products tax rate
NOTE: That the alternative method outlined above only
as follows from 16% to 20% of the wholesale price. All other
applies to vending machines on location. A physical
tobacco products sold as of August 1, 2002 are subject to
inventory must be taken of all tobacco products stored
the new tax.
elsewhere.
Line 8 Special Instructions for Retailers, Secondary
Failure to file Form 2374 and/or remit the tax due may
Wholesalers and Vending Machine Operators:
result in the issuance of a computed intent to assess
for tax, penalty and interest in accordance with P.A. 122
The wholesale price of OTP is the established price for which
of 1941, as amended.
a manufacturer sells tobacco products to a distributor before
the allowance of any discount, trade allowance, rebate or
Forms and payments that are not timely filed may be
other reduction. In the absence of the established price, the
subject to assessment of penalty and interest for late
wholesale price is the manufacturer’s invoice price.
filing in accordance with P.A. 122 of 1941, as amended,
Generally, if the manufacturer’s established price or the
the Revenue Act.
manufacturer’s invoice price are not known, the tax would
be computed on the price at which the tobacco products
This form is subject to an audit. In the event of an audit you
were purchased, without allowance of any discount, trade
will be required to substantiate your return with the above
allowance, rebate or other reduction. However, for
information and the appropriate books and records.
purposes of this one-time floor tax only, if you do not
CIGARETTE VIOLATIONS
If you suspect that someone has acquired cigarettes
in violation of the statute, call 1-800-292-2824.

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