Each year we produce the State Business Tax Climate Index, which promotes tax competition between the states and motivates policymakers to reform their tax systems toward pro-growth policies. Over the past few years, the...
- The Tax Policy Blog
- North Carolina’s E-Cigarette Tax Proposal
North Carolina’s E-Cigarette Tax Proposal
The North Carolina House last Wednesday passed a bill that applies an excise tax to electronic cigarettes at a rate of 5 cents per milliliter of nicotine liquid. The tax has been opposed by some notable entities, but was “essentially asked for” by Reynolds American, a major producer of both traditional and electronic cigarettes.
What’s the deal here? Electronic cigarettes, which are nicotine vapor consumed with an electronic cartridge, are generally found to be far less risky than traditional incinerated tobacco. This has led some (and me, in the Seattle Times) to argue that the products shouldn’t be taxed at all. As a guiding light, we should be aiming for taxes that are neutral, meaning they don’t affect business or personal decision-making.
But in 2012, Minnesota problematically issued a revenue notice that lumps electronic cigarettes into the “Other Tobacco Products” (OTP) category of the tax code, resulting in a very hefty tax on electronic cigarettes: 95 percent of wholesale cost. Some other states (like New Jersey and Ohio) have since pushed for similarly high rates.
The goal in North Carolina appears to be to plant a flag of where tobacco taxes on e-cigarettes ought to be if you are taxing based on risk. Accordingly, the tax is very small. One electronic cigarette delivers the amount of puffs of one pack of traditional incinerated cigarettes, and while traditional incinerated cigarettes are taxed at 45 cents per pack in North Carolina, this tax would be levied at 2.5 cents per pack. The highest state excise tax on cigarettes is $4.35, in New York.
I’ve argued elsewhere that relying on tobacco revenue is not sound budgeting practice, and that the supposed external costs of smoking are overblown. The North Carolina proposal appears to sidestep those criticisms to a large degree, as the tax is expected to collect just $5 million each year.
Ideally, all cigarettes should only be taxed at the sales tax rate. But the North Carolina proposal is far better than the Minnesota tax, and should be the new standard against which other e-cigarette tax proposals are judged.
More on North Carolina.
Follow Scott on Twitter.
Get Email Updates from the Tax Foundation
We will never sell or share your information with third parties.
Join the Tax Foundation's fight for sound tax policy Go
About the Tax Policy Blog
The Tax Policy Blog is the official blog of the Tax Foundation, a non-partisan, non-profit research organization that has monitored tax policy at the federal, state and local levels since 1937. Our economists welcome your feedback. If you would like to send an e-mail to the author of a blog post, please click on that person's name to locate his or her e-mail address or visit our staff page here.