II 110th CONGRESS 1st Session S. 1799 IN THE SENATE OF THE UNITED STATES July 17, 2007 Mrs. Lincoln introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to apply rate parity to the excise tax on small cigars and small cigarettes, and for other purposes.

1.

Rate parity for small cigars and small cigarettes

(a)

In general

Section 5701(a)(1) of the Internal Revenue Code of 1986 is amended by striking $1.828 cents per thousand and all that follows and inserting $19.50 per thousand,. (b)

Floor stocks taxes

(1)

Imposition of tax

On small cigars (within the meaning of section 5701(a)(1) of the Internal Revenue Code of 1986) manufactured in or imported into the United States which are removed before the date of the enactment of this Act and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A)the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B)the prior tax (if any) imposed under section 5701 of such Code on such article. (2)

Liability for tax and method of payment

(A)

Liability for tax

A person holding small cigars on the date of the enactment of this Act to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B)

Method of payment

The tax imposed by paragraph (1) shall be paid in such manner as the Secretary of the Treasury shall prescribe by regulations. (C)

Time for payment

The tax imposed by paragraph (1) shall be paid on or before the date which 90 days after such date of enactment. (3)

Articles in foreign trade zones

Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other provision of law, any article which is located in a foreign trade zone on the date of the enactment of this Act, shall be subject to the tax imposed by paragraph (1) if— (A)internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B)such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the 2d proviso of such section 3(a). (4)

Controlled groups

Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (5)

Other laws applicable

All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary of the Treasury may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (c)

Effective date

The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) on and after the date of the enactment of this Act.