Fuck......I got a humidor for Christmas. I better go ahead and splurge to fill it up before this bill passes.
My first thought on this......I am assuming most premium hand rolled cigars are sold online or through mail order catalogues. I don't the know industry numbers on where the most retail is, but I assume it is online since I buy most of my cigars online. So, these online companies will go offshore to avoid the tax (leaving Americans unemployeed). It is simple enough to setup up shop in the Caribbean and setup an online storefront. Then this will hurt those small tobacco shop owners who will lose business to those major retailers who can go offshore to avoid the tax. The online tobacco aution websites will see a boom too, as "private individuals" list hundreds of boxes of cigars on these websites. They won't be paying the tax either.
I don't think that's as easy as you would think. An online shop still needs a distribution center. You can't really take that offshore as the shipping charges would likely exceed that of the proposed SCHIP tax increase. The distribution point would likely still obligate this online retailer to pay the tax. Additionally, if a consumer does attempt to import their own cigars, they are technically obligated to pay any taxes on these items.
Finally, the Democratic Socialists have been dying to "tax the shit" out of online retail sales operations. This will be coming soon and they don't really care what it does to the economy.
You both bring up a good point about how online retailers will actually apply this tax. I had not thought about this tax in those terms.
I buy most of my cigars online too. All of the online retailers I purchase from are out-of-state and they do not add any sales tax (county, state or federal); presumably leaving the sales tax remission to the purchaser.
If I extend that practice to other online retailers that I purchase from (not just tobacco products) only one out-of-state retailer that I bought from has ever added sales tax; basically the retailer added a homogenized sales tax for this state to cover the taxes in whatever county in which the product was being shipped; taxes are different in Georgia depending on what county you live in.
As I see it now the new tax as it applies to cigars will probably be handled the same way with online purchases as it is now...in other words if you live out-of-state from the online retailer then it's up to you the purchaser to remit the sales tax.
Obviously that is different for in-store purchases (or in-state intarweb purchases) in which case retailers always add sales taxes.
Speaking of teh ebays you can bet that this Congress will come up with some plan to implement a tax of some sort as GarMan mentions. What has always been problematic about a tax on internet services/purchases is that every state that teh google lines run through will want to take a piece of the cake too above and beyond what FedGov takes.
I've been trying to stay on top of this issue myself; all of us should keep our eyes open for legislation innocuously titled the
"Interstate Commerce Act" or something similarly titled; this will probably be the Bill in which any new "Intarwebs" taxes will be applied; this was the name format that a proposal took a few years ago I think (maybe GarMan can confirm). The original Interstate Commerce Act was enacted in 1887 to regulate the Railroads, in part.
Anyway...get ready for taxes, taxes, and more taxes.