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massachusetts buying tabacco online

 
 
Reply Sun 14 Mar, 2010 07:50 pm
Hey I was ordering a tobacco pipe online and I live in massachusetts. Im only 27 and I forgot you had to be 18. Will they do a age check? I know I have to check off that I'm 18 but is there any fine on me if I get caught?
 
roger
 
  2  
Reply Sun 14 Mar, 2010 07:54 pm
@viasindios87,
Most likely, the form required you to state you were 18 or over. If you are 27, you will probably be alright.
farmerman
 
  1  
Reply Sun 14 Mar, 2010 11:12 pm
@roger,
Still, I would retain a competent attorney in case it gets ugly.
0 Replies
 
Merry Andrew
 
  3  
Reply Sun 14 Mar, 2010 11:47 pm
@viasindios87,
I am assuming that you are 17 and that '27' is a typo.

As Roger has already said, chances are that when you submitted the order form you had to click on somethin g which said you certify that you are of legal age to purchase tobacco in Massachusetts. This is to protect them, the sellers; they can say they sold you the product in good faith with a clear conscience. You, on the other hand, are guilty of making a false statement in order to gain an advantage.

Can you get in trouble? In theory, yes. But as a practical matter, who the hell is going to investigate to see whether or not you're lying? The beauty of the internet is that we're all anonymous, I, for example, am a six-year-old girl, just learning how too type.
0 Replies
 
MontereyJack
 
  3  
Reply Mon 15 Mar, 2010 12:23 am
Smoking tobacco makes you smell like an ashtray, and that's disgusting. Smoking internet tobacco is probably gonna make you a criminal too, because it's a pretty safe bet you're doing it to evade the MA taxes on tobacco.

From the MA DOR:

NOTICE
TO MASSACHUSETTS RESIDENTS
WHO PURCHASE CIGARETTES FROM INTERNET RETAILERS

Internet cigarette retailers sell cigarettes in packs that do not bear the Massachusetts excise stamp. These cigarettes are considered "unstamped cigarettes" under Massachusetts law. The purchase of unstamped cigarettes can lead to serious penalties.
The federal Jenkins Act requires out-of-state Internet retailers selling cigarettes to Massachusetts customers to register with the Massachusetts Department of Revenue and to report information regarding each sale, including the name and address of the customer, in order to assist the Department of Revenue in the collection of outstanding cigarette excises. 15 U.S.C. '375, et seq. To the extent that Internet retailers do not comply with the Jenkins Act, the Department of Revenue may utilize other sources (e.g., shipment records) to identify Massachusetts customers who have purchased unstamped cigarettes.

The Massachusetts cigarette excise is $25.10 per carton. If cigarettes purchased by a Massachusetts customer do not bear the Massachusetts excise stamp on the pack, then the Department of Revenue requires the customer to file Form CT-11B and to pay the outstanding excise amount, plus applicable penalties and interest. Please be advised that failure to file Form CT-11B may result in the Department of Revenue issuing a bill for the excise, interest, and penalties.

It is illegal for Massachusetts residents to possess cigarettes if the cigarette packs do not bear the Massachusetts excise stamp. Unlawful possession of unstamped cigarettes may be subject to civil penalties of up to $5,000, and criminal penalties of up to 5 years imprisonment and up to a $5,000 fine. G.L. c. 64C, '35.

For more information, see TIR 08-7 and DOR Directive 02-14.



© 2010 Commonwealth of Massachusetts
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