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Tax Regulation for E-cigarettes, Parts and E-liquids in the US

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  • 38 Pages
  • January 2022
  • Region: United States
  • Wingle Group Electronics
  • ID: 5527074

This tax regulatory report provides detailed analysis and comparison of existing tax systems in each state of the USA relatively to E-cigarettes, their parts and bottled E-liquid. Report includes a complete list of definitions of E-cigarettes, taxation rules in each state and additional visual data charts for understanding insights about tax burden in E-cigarette and E-liquid markets. This Report will be useful for existing and new brands, manufacturers, distributors and market analysts engaged in E-cigarette business. In the report, sales, excise and special taxes and calculated tax burden for different categories of vaping products are reviewed. 

There have been radical changes in the vaping products state taxation in the USA in the past years. From the end of 2019, the number of states applying special excise taxes on e-cigarettes and e-liquids has increased from 9 to 30 states (as of by the end of 2021).

It is rather difficult to provide a comparison of the specific taxes introduced in different states, while there is no common calculation base. Although, the calculation of the tax burden on reference products has been carried out, the results being presented in this report.

In almost all states, e-cigarettes are subject to sales and use tax as tangible personal property, plus any additional local municipal taxes are applied. Particular attention should be paid to how the state determines taxable products: whether it only includes nicotine-containing products; whether it applies to parts and accessories; whether it applies to products made from synthetic nicotine. Generally, synthetic nicotine products are subject to tax definitions.

The main product categories, which analyzed in this report in scope of tax burden and end-user price, are: 

  1. prefilled pods and cartridges, prefilled disposables (closed systems);
  2. bottled E-liquid;
  3. empty devices, batteries and parts (open systems).

Table of Contents

  1. Executive summary
  2. Federal E-cigarette Products Tax Regulations
  3. State and Local E-cigarette Products Sales Tax Regulations
  4. Vaping Products Tax Regime in the US States
  5. References
  6. Appendix A. The US Federal Special Taxes Applied to Vaping Products
  7. Appendix B. Definitions of the US Federal Regulations for Vaping Products

List of Charts
Chart 1. The US State Sales Taxes
Chart 2. The US End-User Price and Taxation for Closed Vaping Systems
Chart 3. The US End-User Price and Taxation for Bottled E-liquid
Chart 4. The US End-User Price and Taxation for open systems and empty vape devices

List of Tables
Table 1. Federal Taxes Applied to Vaping Products
Table 2. Definitions of the US Federal Regulations for Vaping Products