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Tobacco Products Tax Extended to Alternative Nicotine Products – Floor Tax Due September 21, 2026

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:

  • take an inventory of the units of alternative nicotine products in their possession as of 11:59 p.m. Eastern Standard Time on August 31, 2026, and
  • file an alternative nicotine products floor tax return and pay the floor tax due by September 21, 2026

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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Welcome!

Whether you're starting a new business, purchasing an existing one, or adding a new product or service, we’re here to help guide you through everything you’ll need to do business with New York State.

Step 1: Visit New York Business Express—New York's new comprehensive guide for all your business and professional needs. Quickly and easily find information related to licensing, regulation, incentives and support to start or grow your business.

Visit Business Express

Step 2: Are you a registered sales tax vendor? If not, you must register for sales tax purposes before any cigarette or tobacco product license can be approved. Sales tax registration is required even if your business will not actually collect or pay sales tax to the Tax Department.

Register for sales tax

Step 3: Once you're registered for sales tax, you’re ready to apply for the licenses and registrations you’ll need. Select the drop down for the type of business you will open.

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