Tobacco Refunds in Nevada

An interesting way to recover money other than hitting the slots has surfaced in Nevada. The theory stems from the 2012 case of Micjo v. DBPR by a Florida Appellate Court. Here, the court determined that neither federal excise tax nor shipping charges are included in the taxable portion of the wholesale sales price, changing the tobacco tax landscape across the United States.

Tobacco Tax Refund has found that this issue applies to many other states with similar tobacco tax laws. Nevada imposes a 30% tax on the “wholesale price” of the Other Tobacco Products, pursuant to section 370.450, Nevada Statutes. “Wholesale price” is further defined in section 370.440, Nevada Statutes, as “the established price for which other tobacco products are sold to a wholesale dealer before any discount or other reduction is made”—where the established priced is “price for which the other tobacco product is sold to the retail dealer or ultimate consumer before any discount or other reduction is made.” With a similar terminology as Florida’s “wholesale sales price,” an analysis similar to that of Florida may be used to ensure significant refunds claims.

We, Tobacco Tax Refunds, advise all persons to file a refund claim, because the is not downside. Let’s look at the following example:

Tobacco - $125,000

Federal Excise Tax - $100,000

Shipping - $40,000

Total Invoice - $265,000

Tax Imposed on the “wholesale price” - $79,500

Using our theory, if a distributor made a payment on the total invoice cost of $265,000, including the FET and Shipping Costs, then that distributor should be entitled to a refund off 30% of the non-tobacco items, FET and Shipping Costs. In this example, the taxpayer would be entitled to a $42,000 refund, for one individual invoice. Utilizing this theory, a taxpayer could effectively go back several years for a refund. Tobacco Tax Refunds may assist you in claiming large refunds.

Tobacco Tax Refunds has experience in tobacco taxes, which many experienced tax professionals may not handle. In fact, Tobacco Tax Refunds solely deals with these types of tobacco tax issues. Our team will challenge your specific tobacco taxing agency as tobacco tax refunds is our primary focus.

How may we assist you?

  • Tobacco Tax Refunds will ensure all taxpayers an appropriate and efficient evaluation of each situation and advise how to proceed.
  • Tobacco Tax Refunds will review the audit results and discuss various paths to challenging your results.
  • Typically, penalties may get reduced or eliminated.
  • Often, tobacco taxes and related interest may be reduced.
  • Tobacco Tax Refunds strive to secure refunds in a timely manner.

You are already looking at a large liability for taxes, penalties, and interest - why would you not at least have a free consultation with a consultant to challenge the agency's wrongdoing?

In addition, if you are located in Alaska, California, Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Montana, New Hampshire, New Jersey, Oregon, North Dakota, Utah, Wisconsin, or other states with similar laws then you might have a refund based on Micjo. Give us a call to get started today!

Talking to us is FREE, so give us a call today at (888) 918-4690.

In his law practice Mr. Donnini's primary practice is multi-state sales and use tax as well as state corporate income tax controversy. Mr. Donnini also practices in the areas of federal tax controversy, federal estate planning, Florida probate, and all other state taxes including communication service tax, cigarette & tobacco tax, motor fuel tax, and Native American taxation. Mr. Donnini obtained his LL.M. in Taxation at NYU. Mr. Donnini is licensed to practice law in Florida. If you have any questions please do not hesitate to contact him via email [email protected] or phone at 954-639-4496.

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