BILL ANALYSIS Ó AB 1901 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1901 (Quirk) - As Amended March 14, 2016 ----------------------------------------------------------------- |Policy |Governmental Organization |Vote:|18 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Revenue and Taxation | |9 - 0 | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill makes it a misdemeanor to buy, sell, or possess unaffixed cigarette stamps. Specifically, this bill: 1)Defines "unaffixed stamps" as cigarette stamps for which the tax has previously been paid by a licensed distributor and previously affixed to a package. The term does not include any AB 1901 Page 2 unused or unapplied rolls of stamps or loose stamps acquired from the State Board of Equalization (BOE) or its authorized agent and in the possession of a licensed distributor. 2)Provides that any person who possesses, sells, or offers to sell, or who buys or offers to buy, unaffixed stamps is guilty of a misdemeanor, punishable by a fine or imprisonment in county jail for up to a year, or both. 3)Requires that BOE destroy unaffixed stamps. FISCAL EFFECT: 1)Minor and absorbable costs related to inspections and enforcements. This bill would not lead to any additional inspections on top of which are already being done. 2)Likely minor cost savings because of deterred tax evasion. COMMENTS: 1)Purpose. This bill is intended to combat the "used stamp scheme," which is a tax evasion scheme that involves reused cigarette tax stamps. 2)Background. Existing law requires the cigarette tax to be paid through the use of stamps or meter impressions, which must be affixed to each package of cigarettes distributed. Cigarette stamps resemble stickers and are encrypted with the date, distributor information, and the cigarette brand. BOE AB 1901 Page 3 inspection teams authenticate tax stamps with scanning devices, and under existing law it is a misdemeanor to sell, by, or possess fraudulent or false stamps. 3)Used stamp scheme. According to BOE, the sponsor of AB 1901, inspection teams have identified a tax evasion scheme that involves reusing legitimate cigarette tax stamps. In these cases, the stamp is removed but reaffixed to another cigarette pack. By applying used stamps to an untaxed cigarette pack, taxpayers can avoid paying the tax and also disguise duty free, counterfeit, stolen, or smuggled cigarettes. 4)Examples. The BOE notes that in one enforcement operation alone, BOE staff found a storage unit containing nearly 206,000 unaffixed used stamps with a tax value of about $179,000 placed on transfer sheets and prepared for affixation to cigarette packs. In total, the BOE hopes that by making possessing, selling, or buying unaffixed stamps a misdemeanor can help prevent tax evasion in the range of $400,000 annually. Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081 AB 1901 Page 4