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Tobacco Purchases

 
BEWARE: It's a crime to purchase cigarettes by mail, over the Internet, or in any other way unless the seller is properly licensed by the State of Michigan and each cigarette pack is affixed with a Michigan tobacco stamp. Violations are punishable by up to five years imprisonment, along with seizures of assets from anyone possessing illegally purchased cigarettes.

 

 - Consumer Warning Notice for Tobacco Retailers
 - Tobacco Tax Enforcement Report
 - Treasury Targets Illegal On-line Tobacco Sales

   What You Need To Know
 
According to the Michigan Tobacco Products Tax Act of 1993, it is illegal to have control of or possess untaxed/unstamped cigarettes (or other tobacco products) purchased on the internet, by telephone, by mail, or by crossing state lines. Not only are purchasers liable for cigarette and use taxes on their purchases, they could also face up to 500% penalty of the amount of tax due.

If you purchase cigarettes or other tobacco products via the Internet or Mail order providers, you must report and pay for your purchase using the following forms:

  4096A - For Tobacco Products purchased on or After August 1, 2002 through June 30, 2004

  4096B - For Tobacco Products purchased on or After July 1, 2004

Forward your completed return with payment to:

Discovery and Tax Enforcement Division
Michigan Department of Treasury
PO Box 30140
Lansing, MI 48909-7640

Make your checks payable to the "State of Michigan".

You are also required to pay Michigan Use Tax on your tobacco products purchase. Michigan Use Tax is calculated at 6% of the total purchase price, including shipping and handling. The Use Tax must be reported on the taxpayer's annual Individual Income Tax Return (MI-1040).

    

   Notice Concerning Purchases of Untaxed Tobacco Products from Unlicensed Vendors

 
Periodically, the Michigan Department of Treasury receives information about Michigan residents who have purchased untaxed cigarettes or other tobacco products over the Internet. Vendors who sell cigarettes and other tobacco products via interstate commerce are required by federal law (The Jenkins Act, 15 U.S.C. 375) to report those sales to the state of destination.

Individuals who do not report and pay for their internet and/or mail order tobacco purchases, may receive a Notice of Inquiry Concerning Purchases of Untaxed Tobacco Products from Unlicensed Vendors.

This is an official notice of the amount of tax due. Failure to respond to the notice within the time period noted in the letter will result in the issuance of an assessment by the Department of Treasury under the authority of the Revenue Act 122 of 1941, as amended, and other collection efforts.

   

   Contact Information

 
Tobacco Products Purchases Unit: (517) 636-4120
Persons who are hearing or speech impaired may call (517) 636-4999 (TTY).

Written inquiries:

Discovery and Tax Enforcement Division
Michigan Department of Treasury
PO Box 30140

Lansing, MI 48909-7640  

   Other Helpful Information

-

Treasury to Strictly Enforce Tobacco Tax - Press release dated June 30, 2004

- Sales and Use tax Information
- Consumer Warning Notice for Tobacco Retailers


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