Tex. Tax Code Section 155.021
Tax Imposed on Cigars


(a)

A tax is imposed and becomes due and payable when a permit holder receives cigars for the purpose of making a first sale in this state.

(b)

The tax rates are:

(1)

one cent per 10 or fraction of 10 on cigars weighing three pounds or less per thousand;

(2)

$7.50 per thousand on cigars that:

(A)

weigh more than three pounds per thousand; and

(B)

sell at factory list price, exclusive of any trade discount, special discount, or deal, for 3.3 cents or less each;

(3)

$11 per thousand on cigars that:

(A)

weigh more than three pounds per thousand;

(B)

sell at factory list price, exclusive of any trade discount, special discount, or deal, for more than 3.3 cents each; and

(C)

contain no substantial amount of nontobacco ingredients; and

(4)

$15 per thousand on cigars that:

(A)

weigh more than three pounds per thousand;

(B)

sell at factory list price, exclusive of any trade discount, special discount, or deal, for more than 3.3 cents each; and

(C)

contain a substantial amount of nontobacco ingredients.

(c)

Cigars taxed under Subsections (b)(3) and (b)(4) of this section are presumed to contain a substantial amount of nontobacco ingredients unless the report on the cigars required by Section 155.111 (Distributor’s Report) of this code is accompanied by an affidavit stating that specific cigars described in the report do not contain sheet wrapper, sheet binder, or sheet filler. If the manufacturer prepares the report, the manufacturer shall make the affidavit. If the distributor prepares the report, the manufacturer and the distributor shall make the affidavit.
Acts 1981, 67th Leg., p. 1667, ch. 389, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 2, Sec. 5, eff. Oct. 2, 1984; Acts 1991, 72nd Leg., ch. 409, Sec. 46, eff. June 7, 1991.

Source: Section 155.021 — Tax Imposed on Cigars, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­155.­htm#155.­021 (accessed May 4, 2024).

155.001
Definitions
155.002
Storage
155.021
Tax Imposed on Cigars
155.023
Payment of Tax
155.024
Exception for Personal Use
155.025
Manufacturing Exemption
155.026
Penalty for Failure to Pay Tax
155.027
Venue
155.028
Impact of Tax
155.041
Permits
155.045
Combination Permit
155.048
Issuance of Permits
155.049
Permit Year
155.050
Payment for Permits
155.053
Display of Permit
155.058
Revenue
155.059
Final Suspension or Revocation of Permit
155.101
Record of Purchase or Receipt
155.102
Report of Sale or Use
155.103
Manufacturer’s Records and Reports
155.104
Manufacturer’s Representative’s Records
155.105
Reports by Wholesalers and Distributors of Cigars and Tobacco Products
155.107
Common Carrier Records
155.108
Bonded Agent’s Records
155.109
Export Warehouse’s Records
155.110
Availability of Records
155.111
Distributor’s Report
155.112
Failure to Produce Records
155.141
Donations
155.143
Seizure
155.144
Comptroller’s Report
155.145
Forfeiture Proceeding
155.146
Photographic Evidence in Cases Involving Seized Tobacco Products
155.150
Seizure or Sale No Defense
155.151
Waiver Permitted
155.152
Payment to Treasury
155.153
Preferred State Tax Lien
155.154
Donations
155.155
Reciprocal Agreements
155.181
Compliance Investigation and Recovery of Costs
155.182
Payment of Double Amount
155.183
Inspection
155.184
Credit for Tax Paid
155.185
Deficiency Determination, Penalties, and Interest
155.186
Redetermination
155.201
Penalties
155.202
Nonpayment of Tax
155.204
Concealment of Violation
155.205
Misleading the Comptroller
155.206
Refusing to Surrender Tobacco Products
155.207
Permits
155.208
Misdemeanor
155.209
Transportation of Tobacco Products
155.210
Inspection of Premises
155.211
Possession: Tax Due
155.0211
Tax Imposed on Tobacco Products Other than Cigars
155.212
Books and Records
155.0212
Liability of Permitted Distributor
155.213
Felony
155.214
Overlap of Penalties
155.215
Venue for Felony
155.241
Allocation of Tax
155.0415
Sales: Permit Holders and Nonpermit Holders
155.0481
Denial of Permit
155.0591
Summary Suspension of a Permit
155.0595
Hearings
155.1445
Sale of Seized Tobacco Products
155.1451
Disposition of Forfeited Property
155.2075
Fingerprints
155.2415
Allocation of Certain Revenue to Property Tax Relief Fund and Certain Other Funds

Accessed:
May 4, 2024

§ 155.021’s source at texas​.gov