UPDATE: Licensing and enforcement of ENDS products On December 19, 2024, the United States District Court for the District of Rhode Island denied an injunction sought by plaintiffs to enjoin the flavored ENDS ban. At this time, the flavored ENDS ban will be enforceable on its effective date of January 1, 2025.Licensing and enforcement of Electronic Nicotine-Delivery System (ENDS) products, also known as ecigarettes or vapes, are being transitioned to the Rhode Island Division of Taxation. For more information, please see the Division’s Notice and/or visit the ENDS tax webpage.
Other Tobacco Products Tax (OTP Tax) An excise tax is imposed on all smokeless tobacco, cigars and pipe tobacco products (hereinafter referred to as "tobacco products") sold or held for sale by distributors in this state. "Tobacco products" means any cigars, cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco suitable for smoking in a pipe or otherwise), chewing tobacco (including cavendish, twist, plug scrap and any other kinds and forms of tobacco suitable for chewing) and snuff, however prepared; and shall include any other articles or products made of tobacco or any substitute therefore, except cigarettes. Frequently Asked Questions What is the Other Tobacco Products Tax rate? The tax imposed is computed at the rate of eighty percent (80%) of the wholesale cost of tobacco products. However, in the case of cigars, the tax shall not exceed fifty cents ($0.50) for each cigar. How does one register to collect, file and pay the OTP Tax? Distributors License: Every distributor engaging in the business of selling "tobacco products" in Rhode Island is required to secure a license from the Tax Administrator. Distributors must apply using form TOB-APP. Rhode Island cigarette distributor are not required to secure a separate license for purposes of this law. The distributor is required to file a monthly "Tobacco Products Tax Return" along with payment on or before the 10th day of each month for the preceding month's tax liabilities. Dealers License: Rhode Island cigarette distributor are not required to secure a separate license for purposes of this law. However, if a dealer wishes to sell OTP but not cigarettes, the entity must register for a dealer’s Cigarette Tax permit, along with filing the Business Application and Registration form to register for a Sales Tax account and obtain both sales & cigarette tax permits. Both Licenses are renewable every year. The law states that both renewal applications must be filed by February 1st each year, renewing the license for the fiscal year beginning July 1st. How is the Other Tobacco Products Tax collected and remitted? Licensed distributors must collect the Other Tobacco Products Tax and sales tax (if applicable) at the time of purchase. On or before the 10th day of each month distributors must file a return (form OTP-1) for the previous calendar month along with a check for the tax collected. A dealer or consumer who purchases Other Tobacco Products from a non-Rhode Island licensed distributor must file a return (form OTP-4) within five (5) days of coming into possession of the OTP and must pay the appropriate tax due. Miscellaneous Links OTP Distributors List Resources Statute: R.I. Gen. Laws § 44-20 Regulation: RI Regulation 280-RICR-20-15-1 Forms Please see the Sales & Excise Tax Forms webpage for applicable forms. Contact Us Excise Tax Section Email: Tax.Excise@tax.ri.gov Phone: 401.574.8955 Fax: 401.574.8914