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Tax rate parity for all tobacco and nicotine products

This Act amends the Internal Revenue Code of 1986 to increase federal excise taxes on tobacco products, including cigarettes, roll-your-own tobacco, cigars, and smokeless tobacco. A key change is the imposition of tax on extracted, concentrated, or synthesized nicotine (taxable nicotine) and discrete single-use units, aiming to equalize tax rates. The Act also establishes Floor Stocks Taxes and an annual inflation adjustment mechanism for tax rates.
Key points
Increases excise tax rates on cigarettes (small and large) and roll-your-own tobacco.
Establishes a new tax on 'taxable nicotine' (extracted, concentrated, or synthesized), excluding FDA-approved drug products.
Adjusts tax rates for pipe tobacco, smokeless tobacco, and cigars to achieve tax parity.
Imposes Floor Stocks Taxes on products held on the tax increase date, with a $500 credit allowed.
Implements an annual inflation adjustment for tax rates for calendar years beginning after 2023.
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Additional Information
Tobacco Tax Equity Act of 2023
Print number: S 2929
Sponsor: Sen. Durbin, Richard J. [D-IL]
Process start date: 2023-09-26