Worried by the increasing loss of tax revenue to Internet cigarette sales,
Congress asked the General Accounting Office to study whether on-line sales
sites conformed with the Jenkins Act, which requires that vendors selling cigarette
sales cross-border should provide the names of their customers to home state
tax authorities, so that applicable excise and use taxes can be collected.
No prizes for guessing the result: out of 147 web-sites the GAO surveyed, not
even one was in conformity with the Act. "Out of 147 vendors that we identified
that had Internet sites, we found that, based upon information posted on those
sites, none of the 147 complied," says the GAO.
In fact, many sites openly advertise that they don't report sales, although
a few do advise the customer that they should report purchases to their home
tax authorities.
The GAO also reports that federal agencies have done little or nothing to enforce
the Act, and suggests that responsibility for enforcement should be transferred
from the FBI to the ATF (Bureau for Alcohol, Tobacco and Firearms).
Congress has also previously toyed with the idea of making breach of the Jenkins
Act into a felony rather than a misdemeanour, although it's too late to expect
any action from the current legislature in its dying days.
It's estimated that Internet tobacco sales are already costing states in excess
of $1.5bn lost tax, and this number can only rise as states raise taxes to try
to fund large (and unlawful) deficits. Many of the sales sites are based in
Indian reservations, which argue (possibly with some justice) that they are
exempt from Federal reporting regulations, and there is no or very low local
taxation.