011-4 Wyo. Code R. §§ 4-5 - Taxable Sales of Cigarettes on Indian Reservations

(a) Definitions.

(i) The term "Indian Reservation" as used herein shall include all lands, notwithstanding the issuance of any patent within the exterior boundaries of the Wind River Reservation and meeting at least one of the following criteria:

(A) The land is owned by the United States in trust for the Shoshone and Arapaho Tribes;

(B) The land is owned by one or both of the Shoshone and Arapaho Tribes;

(C) The land is owned in full by enrolled members of the Shoshone or Arapaho Tribes; provided, however, that lands within the Riverton Reclamation withdrawal and the City of Riverton are not included within the term.

(ii) The term "Indian Tribe" as used herein shall mean only the Shoshone Tribe and the Northern Arapaho Tribe of the Wind River Indian Reservation.

(iii) The term "Indian" as used herein shall mean any enrolled member of the Shoshone Tribe or the Northern Arapaho Tribe of the Wind River Indian Reservation.

(iv) "Department' means the Department of Revenue or its authorized agent.

(v) "Indian or Tribal Vendor" means an Indian or Indian Tribe as defined herein, engaged in selling cigarettes.

(vi) "United States" means the government of the United States and all its departments and agencies.

(b) Sales of cigarettes made on the Wind River Indian Reservation to non-Indians by Indians, Indian Tribes or non-Indians are subject to the cigarette tax, since the tax is levied upon the non-Indian purchaser. The wholesaler, as defined in W.S. 39-6-101, is obligated to make pre-co Uection of the tax. All Indian, tribal vendors or non-Indian wholesalers shall keep complete and accurate records in this state of all cigarettes purchased and sold for three years. Such records will consist of purchase invoices, freight bills, sales invoices and record of cigarette stamp purchases. All records will be available for inspection by the Department at any reasonable time.

(c) The non-Indian making or intending to make sales to non-Indian customers must purchase a stock of cigarettes with the Wyoming Tax indicia affixed from a Wyoming wholesaler.

(d) The Indian or Tribal Vendor may purchase cigarettes without the Wyoming Tax indicia and remit the taxes due on sales to non-Indian customers in the following manner:

(i) Report total sales of cigarettes for month, less the exempt sales as defined by these rules, equals total cigarettes subject to the tax at the rate of $.004 per cigarette. Reports, returns, exempt logs, etc., must be filed with payment of the tax to the Department of Revenue by the last day of the month following the month of sale. A statement of exemption must be taken from the purchaser by the seller to establish that a sale is exempt from the cigarette tax. The statement must be retained by the seller as part of the records he makes, keeps and preserves as required. The seller must maintain an approved log in which each exempt sale of cigarettes is documented by the signature of the exempt Indian purchaser. Log forms shall be printed and distributed by the Department of Revenue and shall be used to document the name and enrollment number of each enrolled Shoshone or Arapaho tribal member purchasing cigarettes, together with the quantity and date of each purchase. The forms shall be forwarded along with tax due on the previous months taxable sales to the Department of Revenue each month; or

(ii) The Department of Revenue may enter into an agreement annually with the tribal vendor which allows the tax to be paid on a percentage basis. The Indian vendor shall provide the Department with information which justifies a proposed percentage and upon acceptance by the Department said percentage shall represent a rebuttable presumption as to the volume of sales to non-Indians and non-exempt Indians. The tax shall be remitted to the Department pursuant to the terms and conditions of the agreement.

(e) Sales of cigarettes to Indians outside of the Wind River Indian Reservation are subject to the tax and indicia of payment of tax must be affixed to each package sold.

(f) Sales of cigarettes made on the Wind River Indian Reservation by an Indian, Indian Tribes or non-Indians to Indian customers are exempt from Wyoming cigarette tax.

(g) Indian or Indian tribal vendors who are holding a valid Trader's License issued by the United States Department of the Interior, Bureau of Indian Affairs, may purchase unstamped cigarettes from Wyoming cigarette wholesalers for sale pursuant to these rules. Failure of a vendor to comply with these rules will result in treatment of all unstamped cigarettes consigned or shipped to the vendor as contraband and subject to seizure as provided by Wyoming law. Each Indian or Indian Tribal vendor selling within the Indian reservation shall be considered for all purposes related to this section to be a wholesaler, and, upon compliance with these rules, shall be issued one or more licenses without fee. Licensed non-Indian wholesalers doing business within the Indian Reservation may also purchase unstamped cigarettes for sale to Indians upon compliance with these rules.

Notes

011-4 Wyo. Code R. §§ 4-5