Form 04-510 - Instructions For Certificate Of Compliance printable pdf download

Instructions for Certificate of Compliance

at the same time the escrow funds are deposited.

Who Must File.

Alaska Statute (AS) 45.53

Certification is accomplished by completing this

requires that a tobacco product manufacturer that

form and filing it by April 15, 2000 with the

is not a participating manufacturer, as that term is

Commissioner of Revenue. The form must be

defined in sec. II(jj) of the Master Settlement

signed by the institution where the escrow was

Agreement (MSA), must establish a qualified

established and a copy of the escrow agreement

escrow account for the benefit of the State of

must be attached to constitute a complete filing.

Alaska and other releasing parties for each

cigarette it manufactured that was sold in Alaska.

The manufacturer is responsible to make escrow

Where to File.

File this form with the

payments even if it did not directly sell its

Commissioner

Revenue,

c/o

Alaska

cigarettes into Alaska.

Department of Revenue, Tax Division, 550 W.

Seventh Avenue, Suite 500, Anchorage, AK

99811-0420.

Amount of Escrow.

An escrow payment of

$.0094241 is required for each cigarette sold in

Alaska between June 3, 1999 (the effective date

Qualified Escrow Fund.

To be a qualified

of the statute) and December 31, 1999.

The

escrow fund, the fund must be an escrow fund

manufacturer must provide the number of its

governed by an escrow arrangement with a

cigarettes that were sold in Alaska and the amount

federally or state chartered financial institution

of the escrow payment made into the fund. Funds

having no affiliation with a tobacco product

must be placed into escrow by April 15 of the year

manufacturer and having assets of at least

following each calendar year in which cigarettes

$1,000,000,000.

Escrow arrangements must

were sold into Alaska. For calendar year 1999, an

require that the financial institution hold the

escrow must be establish and funded by April 15,

principal of the escrow fund for the benefit of

2000.

releasing parties and prohibit the tobacco product

manufacturer that places money into the escrow

fund from using, accessing, or directing the use of

Cigarette Defined. A cigarette is any product

the principal of the fund except as consistent with

that contains nicotine that is intended to be burned

the provisions in AS 45.53.

or heated under ordinary conditions of use.

Cigarette includes any roll of tobacco wrapped in

paper or in any substance not containing tobacco;

Tobacco Product Manufacturer.

Under AS

tobacco, in any form, that is functional in the

43.53 a tobacco product manufacturer means an

product, which, because of its appearance, the

entity that, on or after June 3, 1999, directly, and

type of tobacco used in the filler, or its packaging

not exclusively through an affiliate, manufactures

and labeling is likely to be offered to, or purchased

cigarettes anywhere that such manufacturer

by, consumers as a cigarette; or any roll of

intends to be sold in the United States, including

tobacco wrapped in any substance containing

cigarettes intended to be sold in the United States

tobacco which, because of its appearance, the

through an importer; unless such cigarettes are

type of tobacco used in the filler, or its packaging

sold in the United States exclusively through an

and labeling, is likely to be offered to, or purchased

importer

that

original

participating

by, consumers as a cigarette.

0.09 ounces of

manufacturer as defined in the MSA; or is the first

“roll-your-own” tobacco constitutes one individual

purchaser anywhere for resale in the United

“cigarette.”

“Roll-your-own” includes any

States of cigarettes manufactured anywhere that

tobacco that, because of its appearance, type,

the manufacturer does not intend to be sold in the

packaging, or labeling is suitable for use and likely

United States.

to be offered to, or purchased by, consumers as

tobacco for making cigarettes.

Questions. If you have any questions regarding

this form or your responsibilities under AS 45.53,

When to File the Certificate of Compliance.

contact the Alaska Department of Revenue’s

The certificate of compliance must be completed

Anchorage office at 907.269.6628.

Form 04-510 (New 03/00)

Form 04-510 - Instructions For Certificate Of Compliance

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