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General Information: Effective September 1, 2026, the New York State tobacco products tax is extended to alternative nicotine products. Alternative nicotine products are generally products that contain nicotine but not tobacco and are intended for human consumption.
The tax is imposed at the rate of 75% of the wholesale price of the product and is generally paid by the distributor. However, wholesale dealers and retail dealers selling alternative nicotine products are liable for the tax on these products in their possession if it has not been paid by a distributor.
Registration Requirements: Distributors, wholesale dealers, and retail dealers that currently import or sell alternative nicotine products in New York State must be licensed or registered to sell tobacco products by September 1, 2026, unless they are already licensed or registered with the Tax Department to sell tobacco products.
Floor tax: Any business selling alternative nicotine products must:
The floor tax return will be made available on the Tax Department’s website before September.
For additional information, see N-26-2, Alternative Nicotine Products Subject to Tobacco Products Tax and Floor Tax Due.
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Any person who possesses cigarettes or other tobacco products in New York State for sale is required to be licensed by the Tax Department and may be required to file periodic returns or reports. This section identifies the returns and reports that are required and provides information on renewing licenses and registrations.
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