Tobacco Tax Equity Act of 2017

To amend the Internal Revenue Code of 1986 to provide tax rate parity among all tobacco products, and for other purposes. 1. Short title This Act may be cited as the Tobacco Tax Equity Act of 2017 2. Establishing excise tax equity among all tobacco product tax rates (a) Tax parity for pipe tobacco and roll-Your-Own tobacco Section 5701(f) $2.8311 cents $24.78 (b) Tax parity for smokeless tobacco (1) Section 5701(e) (A) in paragraph (1), by striking $1.51 $13.42 (B) in paragraph (2), by striking 50.33 cents $5.37 (C) by adding at the end the following: (3) Smokeless tobacco sold in discrete single-use units On discrete single-use units, $50.33 per thousand. . (2) Section 5702(m) of such Code is amended— (A) in paragraph (1), by striking or chewing tobacco , chewing tobacco, or discrete single-use unit (B) in paragraphs (2) and (3), by inserting that is not a discrete single-use unit (C) by adding at the end the following: (4) Discrete single-use unit The term discrete single-use unit (A) is not intended to be smoked; and (B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit. . (c) Tax parity for large cigars (1) In general Paragraph (2) of section 5701(a) 52.75 percent $24.78 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 5.033 cents per cigar. (2) Guidance The Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) (d) Tax parity for roll-Your-Own tobacco and certain processed tobacco Subsection (o) of section 5702 , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation wrappers thereof (e) Clarifying tax rate for other tobacco products (1) In general Section 5701 (i) Other tobacco products Any product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary. . (2) Establishing per use basis For purposes of section 5701(i) (f) Clarifying definition of tobacco products (1) In general Subsection (c) of section 5702 (c) Tobacco products The term tobacco products (1) cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and (2) any other product subject to tax pursuant to section 5701(i). . (2) Conforming amendments Subsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco tobacco products (g) Tax rates adjusted for inflation Section 5701 of such Code, as amended by subsection (e), is amended by adding at the end the following new subsection: (j) Inflation adjustment (1) In general In the case of any calendar year beginning after 2017, the dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2016’ for ‘calendar year 1992’ in subparagraph (B) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01. . (h) Effective dates (1) In general Except as provided in paragraphs (2) through (4), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) (2) Discrete single-use units and processed tobacco The amendments made by subsections (b)(1)(C), (b)(2), and (d) shall apply to articles removed (as defined in section 5702(j) (3) Large cigars The amendments made by subsection (c) shall apply to articles removed after December 31, 2017. (4) Other tobacco products The amendments made by subsection (e)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.

Summary: Tobacco Tax Equity Act of 2017 This bill amends the Internal Revenue Code, with respect to the excise tax on tobacco products, to tax pipe tobacco, smokeless tobacco products, and large cigars at the same level as cigarettes. The bill revises the definition of "tobacco products," for purposes of such tax, to include any other product determined to be a tobacco product by the Food and Drug Administration. The bill also specifies that such products must be taxed at a level equivalent to the rate for cigarettes on an estimated per use basis. The bill also makes smokeless tobacco products sold in discrete single-use units subject to an excise tax of $50.33 per thousand. The tax rates for tobacco products must be adjusted for inflation after 2017.