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1 Joseph Henchman & Scott Drenkard, Cigarette Taxes and Cigarette Smuggling by State 1 (2013)

handle is hein.taxfoundation/ffdfbxz0001 and id is 1 raw text is: FUDTOFiscal Fact January 10, 2013 No. 351 Cigarette Taxes and Cigarette Smuggling by State By Joseph Henchman & Scott Drenkard Public policies often have unintended consequences that outweigh their benefits. One consequence of high state cigarette tax rates has been increased smuggling, as criminals procure discounted packs from low-tax states to sell in high-tax states. Growing cigarette tax differentials have made cigarette bootlegging both a national problem and a lucrative criminal enterprise. Every two years, scholars at the Mackinac Center for Public Policy, a Michigan think tank, use a statistical analysis of available data to estimate smuggling rates for each state.1 Their most recent report uses 2011 data and finds that smuggling rates generally rise in states after they adopt large cigarette tax increases. Smuggling rates have dropped in some states, however, often where neighboring states have higher cigarette tax rates. Table 1 shows the data for each state, comparing 2011 and 2006 smuggling rates and tax changes. New York is the highest net importer of smuggled cigarettes, totaling 60.9 percent of the total cigarette market in the state. New York also has the highest state cigarette tax ($4.35 per pack), not counting the local New York City cigarette tax (an additional $1.50 per pack). Smuggling in New York has risen sharply since 2006 (+70 percent), as has the tax rate (+190 percent). Smuggling takes many forms: counterfeit state tax stamps, counterfeit versions of legitimate brands, hijacked trucks, or officials turning a blind eye.2 The study's authors, LaFaive and Nesbit, cite examples of a Maryland police officer running illicit cigarettes while on duty, a Virginia man hiring a contract killer over a cigarette smuggling dispute, and prison guards caught smuggling cigarettes into prisons. Policy responses have included banning common carrier delivery of cigarettes,3 greater law enforcement activity on interstate See, e.g., Michael LaFaive & Todd Nesbit, Higher Cigarette Taxes Create Lucrative, Dangerous Black Market, MACKINAC CENTER FOR PUBLIC POLICY (Jan. 2013), ta'W:/www.m ,ckiac.org18128; Michael LaFaive, Cigarette Taxes and Smuggling 2010: An Update of Earlier Research, MACKINAC CENTER FOR PUBLIC POLICY (Dec. 2010), b.p:i/www.makinacor[210; Michael LaFaive, Patrick Fleenor, & Todd Nesbit, Cigarette Taxes and Smuggling: A StatisticalAnalysis and Historical Review, MACKINAC CENTER FOR PUBLIC POLICY (Dec. 2008), 000tp5./w.mackinac urgilO005. 2 See, e.g., Scott Drenkard, Cigarette Smuggling Can Make You $4 Million Richer, TAX FOUNDATION TAX POLICY BLOG, Sept. 27, 2012, h__p:il asfoundati,[MIrglblgiclgr(tte--sm caik-aIayou 4--ni1 ot-do1ars-rcher. See, e.g., Curtis Dubay, UPS Decision Unlikely to Stop Cigarette Smuggling, TAX FOUNDATION TAX POLICY BLOG, Oct. 25, 2005, htp://taxfo.ahdation org/blog/ius-decision-uni ikel-stop-cigarette-smuggling.

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