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NY To Impose Cigarette Tax On Indian Stores, by Leroy Baker, Tax-News.com, New York Tuesday, August 31, 2010

New York State Governor, David Paterson, has announced plans to collect tax on cigarettes sold by American Indian stores.

The USD4.35-per-pack sales tax is to be imposed despite protests from police, warning “violence and death” could result. For decades American Indians have rejected the tax. Attempts made by the state to collect the tax in 1997 provoked protests, which led to the closure of a 30-mile stretch of the Thruway.

Rising sales taxes geared towards raising revenue and discouraging smoking have helped popularise the untaxed and much cheaper Indian cigarettes amongst New Yorkers. Reservation stores sold more than 24 million cartons of cigarettes in 2009, about 1 out of every 3 packs sold in the state, Bloomberg reports.

The latest proposal is set to target wholesalers, restricting the volume of tax-free cigarettes being sold to the Indian-owned stores. Seneca and Mohawk tribes have begun legal action against the tax collection, citing the proposal as a violation of their sovereignty.

Paterson will be adopting a different approach to previous governors. Rather than entering Indian property directly, cigarettes sold in New York without tax stamps will be traced back to their Indian sellers.

Measures to intercept untaxed cigarettes leaving Indian reservations will also be put into place.

The proposal is expected to generate around USD150m in additional tax revenue.

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