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Floor Stocks Tax FAQs

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General Questions | Inventory | Filing Requirements | Controlled Groups | Credits | Miscellaneous

DISCLAIMER - We make every attempt to update the answers to these questions to reflect the latest changes in our regulations and other Federal requirements.  To comment on this page or to suggest a question, please send your e-mail to TTB Webmaster or visit the Contact Us page for more information.

If you want to know about recent changes in the law and regulations, you may visit the following Web sites:  THOMAS (The Library of Congress) and The Federal Register. If you are concerned with the accuracy of this information, please contact TTB or your legal advisor.

General

G1:

What is a floor stocks tax?

G2:

Who is liable for the floor stocks tax?

G3:

What products are covered by the floor stocks tax?

G4:

I received a floor stocks tax return, but I am not engaged in a business involving the sale of tobacco products or cigarette papers or tubes.  What should I do?

G5:

I received a floor stocks tax return, but I only sell large cigars.  What should I do?

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Inventory

I1:

Why do I have to take an inventory?

I2:

When do I have to take an inventory?

I3:

As far as my inventory, would it be acceptable if I just figure out how much tax I owe per tobacco product and pay the floor stocks tax by that method?

I4:

Taking an inventory on April 1, 2009, will be very difficult for me.  Is there any way to avoid a physical inventory?

I5:

When I perform my inventory on April 1, 2009, how much detail do I have to show in my inventory records – do I have to show by the brand of the product?

I6:

Do the products in vending machines have to be included in my inventory?

I7:

How should I handle in-transit merchandise when I do my inventory?

I8:

I have some products on hand that I will be returning to my supplier.  Some of it is damaged, and I can’t sell it.  Some of it is “O.K.”, but it hasn’t been selling well, and I want to get it off my shelves and send it back.  Do I have to count these products in my floor stocks tax inventory?

I9:

Products marked “not for sale” or “complimentary.”

I10:

How long do I have to keep my inventory records?

I11:

Will TTB audit my inventory results?

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Filing Requirements

FR1:

Copies of the floor stocks tax return and instructions are available on the TTB website.

FR2:

Do I have to file separate returns for all of my locations?

FR3:

When must I file my return?

FR4:

How do I pay my tax?

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Controlled Groups

CG1:

What types of business structures are considered a controlled group?

CG2:

How do the special provisions concerning the floor stocks tax relate to control groups?

CG3:

Can the tax owed by all businesses in a control group be paid with one tax return?

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Credits

C:

What type of credit is available against the floor stocks taxes?

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Miscellaneous

M1:

How can I tell what tax class my products belong to?

M2:

I have roll-your-own products that contain tobacco and papers within a retail package.  Do I have to count the papers for the floor stocks tax and pay the tax on these papers?

M3:

I don’t have the money to pay my entire floor stocks tax liability.  What can I do?

M4:

Will I owe floor stocks tax on tobacco for use in making cigars or for use as cigar wrappers?

M5:

Where can I get more information?

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