What each type of business needs before selling into New York.
Appointment as a Distributor of Tobacco Products
- Who needs it
- Manufacturer outside the US, US manufacturer, Importer, Distributor or wholesaler, Online or remote seller
- Agency
- NYS Department of Taxation and Finance
- Fee
- No fee
- Bond
- Discretionary: the Commissioner may require a surety bond or other acceptable security in an amount the Commissioner sets as a condition of appointment (Tax Law 472(3)). No amount or formula is published.
- Term
- Continuing; no annual renewal. DTF may require all distributors to re-apply, not more often than once every 3 years (Form MT-202 says 'Subject to renewal every 3 years').
- Renewal
- None routinely; re-application only when DTF calls for it
Required if you import or cause to be imported into New York any tobacco products for sale (the statutory distributor definition applies above 50 cigars, 1 pound of tobacco, or 15 units of alternative nicotine products), or manufacture tobacco products in New York. A seller located outside New York that is not an importer or in-state manufacturer may also request appointment so it can file returns and pay the tax on products it sells, ships, or delivers into the state (MT-202 line 19). DTF's MT-203-W instructions add that a wholesale dealer that imports or causes to be imported more than 50 cigars or more than one pound of tobacco for resale must be appointed, unless it buys tax-paid from an appointed distributor. Apply on Form MT-202 (same form as the wholesale dealer license) by mail to NYS Tax Department, TTTB Registration/Bond Unit, W A Harriman Campus, Albany NY 12227. The applicant must be registered for New York sales tax, give a street address for a commercial location (no PO box), and per the MT-202-C checklist supply a lease or deed to commercial space where day to day business is conducted, organizational documents (foreign corporations also the New York Application for Authority), proof of workers' compensation and disability coverage or a CE-200 exemption, Form CG-100-P personal questionnaires with photos for each controlling person, and a fingerprinting receipt. Out-of-state importers of foreign product may also need a federal TTB permit.
All products except vapor products
Tax Law 470(12), 472(3); Form MT-202 and MT-202-I (8/26); Form MT-202-C (4/12); DTF Start a business page; Form MT-203-W-I Source
License as a Wholesale Dealer of Tobacco Products
- Who needs it
- Distributor or wholesaler, Importer, US manufacturer, Manufacturer outside the US
- Agency
- NYS Department of Taxation and Finance
- Fee
- No fee
- Bond
- None stated by DTF. Tax Law 480(1) excuses a license based solely on selling tobacco products for resale from several application requirements that apply to cigarette wholesale dealers (including, on our reading, the $10,000 bond and the fee).
- Term
- Continuing; no annual renewal. DTF may require all wholesale dealers to surrender licenses and re-apply, not more often than once every 3 years.
- Renewal
- None routinely
Required if you sell tobacco products to retail dealers or other persons for resale, operate tobacco products vending machines on premises owned by others, or sell to an Indian nation or tribe or reservation cigarette seller. Apply on Form MT-202. Unlike an appointment-only applicant, a wholesale dealer applicant must provide a deed or a lease of at least two years to a separate and secure warehousing facility (a warehouse or commercial building, not an enclosure in a larger facility or a vehicle). Distributors and wholesale dealers may not sell tobacco products to a retail dealer that is not registered or whose registration is suspended or revoked. A holder of this license is also the prerequisite for the NYC wholesale license needed to sell to New York City retailers.
All products except vapor products
Tax Law 470(8), 480; Forms MT-202, MT-202-I, MT-202-C; DTF Start a business page Source
Retail Dealer Certificate of Registration for Cigarettes and Tobacco Products (Form DTF-720)
- Who needs it
- Retailer
- Agency
- NYS Department of Taxation and Finance
- Fee
- $300 per retail location; $100 per vending machine
- Bond
- None
- Term
- Calendar year
- Renewal
- Annual; renew online between September 1 and September 20 for the following calendar year
Every retail dealer of tobacco products must register each place of business and each vending machine; one registration covers both cigarettes and tobacco products. New applicants apply on Form DTF-716 or online through Business Online Services. The certificate must be displayed. Selling without registration carries civil fines of $5,000 to $25,000 for a first violation and $10,000 to $35,000 for a later violation within 3 years. Since September 1, 2026, retailers of nicotine pouches and other alternative nicotine products also need this registration. Does not authorize vapor sales.
All products except vapor products
Tax Law 480-a; DTF Start a business and Filing requirements pages; N-26-2 Source
Vapor Products Dealer Certificate of Registration (Forms DTF-720.1 / DTF-721.1)
- Who needs it
- Retailer, Online or remote seller
- Agency
- NYS Department of Taxation and Finance
- Fee
- $300 per retail or online location; $300 per vending machine; nonrefundable
- Bond
- None
- Term
- Calendar year
- Renewal
- Annual; renew online between September 1 and September 20
Required before making any retail sale of vapor products, in addition to any cigarette and tobacco retail registration. Applicant must first be a registered sales tax vendor; apply through Business Online Services (tax professionals cannot apply for the client). Selling at an unregistered or suspended location: $5,000 to $25,000 and up to 6 months suspension for a first violation; $10,000 to $35,000 and up to 36 months for a later violation within 3 years; a third within 5 years can lead to refusal or revocation for up to 5 years. Required since December 1, 2019.
Vapor products
Tax Law Article 28-C; TSB-M-19(3)S; DTF Vapor products page Source
New York City Wholesale Cigarette and/or Tobacco Products License (Form CTX/OTP-AW)
- Who needs it
- Distributor or wholesaler, Importer, US manufacturer, Manufacturer outside the US
- Agency
- NYC Department of Finance, Sheriff Division
- Fee
- $600 per license year (not prorated)
- Bond
- None stated for the tobacco products license
- Term
- February 1 to January 31
- Renewal
- Annual application on Form CTX/OTP-AW
Since June 1, 2018, anyone who sells tobacco products to NYC retail dealers or other persons in New York City for resale must hold this license, including New York State licensed wholesale dealers located outside the city. Only a holder of a New York State tobacco products wholesale dealer license, or an eligible distributor (a manufacturer, or a retail dealer buying from unlicensed sources), may obtain it. NYC retail dealers may buy tobacco products only from holders of this license. Sellers outside NYC check line 18 to be authorized to ship into the city.
All products except vapor products, nicotine pouches
NYC Admin. Code Title 11, Chapter 13; Form CTX/OTP-AW general information (rev. 09.27.2018) Source
NYC Tobacco Retail Dealer License (DCWP)
- Who needs it
- Retailer
- Agency
- NYC Department of Consumer and Worker Protection
- Fee
- $200, or $150 if applying July 1 to December 31
- Bond
- None
- Term
- Two years, expiring December 31 of even or odd years depending on application date
- Renewal
- Submit renewal at least 15 days before expiration
Required for each NYC location that sells tobacco products to consumers, in addition to the state retail registration (a copy of which must be submitted). Licenses are capped by community district since February 24, 2018; new applicants can apply only where a license is available or an exception applies (for example, purchase of a business with an active license, applying within 30 days). Pharmacies cannot hold it. A separate DCWP electronic cigarette retail dealer license may apply to vapor sellers (not researched here).
All products except vapor products, nicotine pouches
NYC Admin. Code 20-202; NYC Business description of Tobacco Retail Dealer License; DCWP Inspection Checklist Source
None of these apply to the profile you picked.