VapeTM's 2024 Tax Guide on Electronic Cigarettes and Vapor Products: State-by-State Tax Nuances Across The Vape Category
VapeTM’s 2024 Guide to Vaping Taxes: State-by-State Compliance and Key Insights
Date: June 25, 2024
Authors: VapeTM Editorial Team
Introduction: VapeTM Leads in Compliance and Tax Expertise
In 2024, VapeTM remains at the forefront of the vaping industry, especially in tax compliance and regulatory insight. This guide explores the nuances of vaping taxes across the United States and provides facts and clarity on how different tax structures impact consumers, businesses, public health, and the industry at large. Taxes on vaping products are steadily increasing in rate and prevalence and understanding tax laws and regulations is essential to the success of a business that wishes to participate in this space.
Understanding Vaping Taxes: Types, Rates, and State-Specific Variations
As of mid-2024, 32 states and the District of Columbia have implemented excise taxes on vaping products. VapeTM breaks down these taxes to help you navigate the complex landscape:
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Ad Valorem Taxes
- These taxes are applied as a percentage of the wholesale or retail price, significantly affecting end-user costs.
- Example: Minnesota leads with a 95% wholesale tax, followed by Vermont at 92%, placing them among the highest-taxed states for vaping products.
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Volume-Based Taxes (Ad Quantum)
- Taxes are applied per unit, commonly per milliliter or cartridge.
- Example: Connecticut’s closed-system tax is the highest nationwide at $0.40 per mL, while states like Delaware and Kansas impose a lower rate of $0.05 per mL.
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Bifurcated Tax Systems
- Certain states differentiate tax rates between open and closed systems.
- Example: Georgia applies a 7% wholesale tax on open systems but charges $0.05 per mL for closed systems.
Open vs. Closed Systems: Tax Differences and Implications
- Open Systems: These refillable devices, often used by experienced vapers, generally face lower taxes due to their role in harm reduction efforts.
- Closed Systems: Often disposable or pre-filled, these devices appeal to newer users, leading states to impose higher taxes, aiming to control accessibility and use among minors.
Vaping Tax Impact on Consumer Behavior and Public Health
High taxes can discourage consumers from switching from traditional cigarettes to vaping products, which are widely considered a less harmful alternative. For instance, research indicates that Minnesota’s 95% tax may have prevented over 32,400 smokers from transitioning to vaping, underscoring the potential downside of aggressive tax policies on public health.
State-by-State Vaping Tax Guide for 2024
Below is a comprehensive list of vaping tax rates across U.S. states. Staying informed on each state’s rates is crucial for compliance and optimizing costs:
Comprehensive State-by-State Vaping Tax Rates (June 2024)
Here’s a detailed list of vaping tax rates across all U.S. states as of 2024:
| State | Vaping Tax Rates |
|---|---|
| Alabama | No tax |
| Alaska | No statewide tax, local taxes may apply |
| Arizona | No tax |
| Arkansas | 7.5¢ per mL on closed systems |
| California | 56.32% of wholesale; 12.5% of retail |
| Colorado | 30% of manufacturer’s list price |
| Connecticut | 10% of wholesale (open); $0.40 per mL (closed) |
| Delaware | $0.05 per mL |
| District of Columbia | 79% of wholesale |
| Florida | No tax |
| Georgia | 7% wholesale (open); $0.05 per mL (closed) |
| Hawaii | 70% of wholesale (only on nicotine-containing products) |
| Idaho | No tax |
| Illinois | 15% of wholesale |
| Indiana | $0.10 per mL (closed); 15% wholesale (open) |
| Iowa | No tax |
| Kansas | $0.05 per mL |
| Kentucky | 15% of wholesale (open); $1.50 per cartridge (closed) |
| Louisiana | $0.05 per mL |
| Maine | 43% of wholesale |
| Maryland | 12% of retail (open); 60% of wholesale (closed) |
| Massachusetts | 75% of wholesale |
| Michigan | 15% of wholesale |
| Minnesota | 95% of wholesale |
| Mississippi | No tax |
| Missouri | No tax |
| Montana | 50% of wholesale |
| Nebraska | No tax |
| Nevada | 30% of wholesale |
| New Hampshire | 8% wholesale (open); $0.30 per mL (closed) |
| New Jersey | $0.10 per mL (open); 10% retail (closed) |
| New Mexico | 12.5% wholesale (open); $0.50 per cartridge |
| New York | 20% of retail price |
| North Carolina | $0.05 per mL |
| North Dakota | No tax |
| Ohio | No tax |
| Oklahoma | $0.05 per mL |
| Oregon | No tax |
| Pennsylvania | 40% of wholesale |
| Rhode Island | $0.08 per mL |
| South Carolina | No tax |
| South Dakota | No tax |
| Tennessee | No tax |
| Texas | No tax |
| Utah | 56% of manufacturer’s list price |
| Vermont | 92% of wholesale |
| Virginia | $0.066 per mL |
| Washington | $0.27 per mL (closed); $0.09 per mL (open) |
| West Virginia | $0.075 per mL |
| Wisconsin | No tax |
| Wyoming | 15% of wholesale |
This diversity in tax rates underscores the varying priorities among states. While some states emphasize harm reduction by adopting lower taxes on vaping products, others impose high taxes, potentially aiming to curb youth usage or generate significant state revenue.
This detailed breakdown of tax rates is essential for businesses and consumers alike to understand local regulations.
Crafting Balanced Tax Policies: VapeTM’s Insights for Harm Reduction and Revenue
As a leader in the vaping space, VapeTM advocates for balanced taxation that supports public health and reasonable revenue generation. Lowering taxes on less harmful options, particularly open systems, could better incentivize smokers to switch. Overly high taxes, however, risk driving consumers back to traditional cigarettes or even to illicit markets, counteracting public health goals.
Conclusion: VapeTM’s Role in Navigating the Vaping Tax Landscape
At VapeTM, we recognize the importance of informed tax policies in shaping a responsible and sustainable vaping industry. Our commitment to compliance, consumer education, and harm reduction guides everything we do. As states continue to evolve their tax regulations, VapeTM remains your go-to resource for the latest updates and insights into vaping industry compliance and best practices.
Stay tuned to VapeTM for industry-leading guidance on vaping regulations, and connect with us for updates on tax rates, policy changes, and industry trends.