Legal Question in Business Law in New Jersey

Buying cigarettes for friends & family

I currently travel, via my car, to South Carolina once a week for business. Some friends and family members who smoke cigarettes have asked me to buy cartons of cigareetes for them, due to the fact that they are less than 1/2 the price of NJ Cigarettes. Recently, I had to buy 100 cartons of cigarettes to fulfill all the requests. I was wondering if I was breaking any laws buy doing this for them?

Everyone who orders the cigarettes must pay me in advance and I don't make any money for doing this because I charge them exactly what the retailer charges me. If it is legal to buy cigarettes for them, can I charge them a delivery charge for this service?

Thank you in advance.


Asked on 10/27/05, 10:42 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Buying cigarettes for friends & family

Tell your friends and family that you can not do this. It is not smart nor legal to bring 100 cartons of cigarettes across state lines into New Jersey. You are avoiding (for your friends) the sales tax which NJ wants to be paid. 100 cartons is far, far in excess of any casual purchase for your own use. Without doubt, you would have a really serious problem if you, for example, had a flat tire and a NJ State Trooper stopped to help you, and asked what the heck you were doing with all the smokes.

Please let me know if any other legal issues arise that call for an attorney. By the way, with so much business travel, have you got a really good accountant to maximize your tax deductions

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Answered on 10/27/05, 11:05 am
Walter LeVine Walter D. LeVine, Esq.

Re: Buying cigarettes for friends & family

I agree with Bob that you are creating an exposure to yourself, potentially for sales tax liability (or use tax) as well as the potential to have to register as a business, even if you are merely doing favors. It is the quantity that creates the exposure. You should inform everyone that they have a use tax obligation, based upon the annual costs they each expend. You might be aware that on-line cigarette vendors no longer take orders over the Internet just for this reason and now require that orders be done through the mail, with possible tax reporting. NJ is starting to crack down on these missing taxes. Take some advice from a smoker, stop doing it or collect and remit the applicable sales/use taxes. At 6%, they are still getting a bargain.

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Answered on 10/27/05, 11:40 am


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