Rates, what they apply to and who pays them.
Cigar excise tax
- Rate
- 12.8% of cost price, capped at 30 cents per cigar
- Base
- Cost price: actual price paid by the person liable for the tax, before any discount, rebate, or allowance (freight and non-separated charges included per NCDOR bulletin)
- Who pays
- Wholesale dealer or retail dealer who is the first to possess or acquire the product in NC, first to bring it into NC, original consignee, or a remote/delivery seller required to collect sales tax; a NC retail dealer is secondarily liable for untaxed product bought from a wholesale dealer
- Effective
- Cap appears in both versions of G.S. 105-113.36A (before and after July 1, 2025)
The cap applies when 12.8% of cost price exceeds 30 cents, that is, a cost price above about $2.34 per cigar, which covers most premium cigars. Reported on B-A-101 Schedule B (capped cigars). A little cigar wrapped in tobacco-containing material that looks, is filled, or is packaged like a cigarette meets the cigarette definition and is taxed as a cigarette (out of scope).
Premium cigarsMachine-made cigars and cigarillosLittle cigars
G.S. 105-113.36A(a)(2), (b), (c); G.S. 105-113.4(1c), (1d), (2) Source
Other tobacco products excise tax
- Rate
- 12.8% of cost price
- Base
- Cost price
- Who pays
- Same as cigars (first possessor/importer/consignee wholesale or retail dealer, remote or delivery seller)
- Effective
- Current
Applies to chewing tobacco and other smokeless tobacco that is not snuff, pipe tobacco, roll-your-own, and wraps or leaf containing tobacco. Snuff is taxed by weight instead.
Wraps and leafPipe tobaccoRoll-your-ownSmokeless
G.S. 105-113.36A(a) Source
Snuff excise tax
- Rate
- 40 cents per ounce, with a proportionate rate for fractional ounces
- Base
- Manufacturer's labeled net weight
- Who pays
- Same as other tobacco products
- Effective
- July 1, 2025 (S.L. 2023-134); restated by S.L. 2026-31 s. 4.11 effective July 1, 2026 as snuff 'excluding other smokeless tobacco'
Snuff means finely cut, ground, or powdered tobacco not intended to be smoked. Chewing tobacco remains on the 12.8% cost price basis. Reported on B-A-101 Schedule C. Floor tax on snuff inventory held July 1, 2025 was due July 20, 2025 (Form B-A-105).
Smokeless
G.S. 105-113.36A(a)(3); G.S. 105-113.4(10d); S.L. 2023-134 s. 42.18; S.L. 2026-31 s. 4.11 Source
Alternative nicotine products excise tax
- Rate
- 10 cents per container of up to 20 units; containers over 20 units pay 10 cents plus one-half cent per unit above 20 (NCDOR FAQ)
- Base
- Container count and unit count (smallest FDA-labeled package is the container; each item inside is a unit)
- Who pays
- Same as other tobacco products
- Effective
- July 1, 2025
Alternative nicotine product: a noncombustible product containing natural or synthetic nicotine, without tobacco, for human consumption, excluding vapor products and FDA-approved cessation products. NCDOR guidance does not name nicotine pouches, but pouches that contain nicotine and no tobacco fit this statutory definition. Reported on B-A-102 Schedules B and C.
Nicotine pouches
G.S. 105-113.36A(a)(4); G.S. 105-113.4(1b); S.L. 2023-134 Source
Vapor products excise tax
- Rate
- 5 cents per fluid milliliter of consumable product
- Base
- Milliliters of consumable product (nicotine liquid or other nicotine material depleted in use); manufacturer invoices must state milliliters
- Who pays
- Same as other tobacco products
- Effective
- Current
The 2% timely filing discount does not apply to vapor products tax (G.S. 105-113.37C). Reported on B-A-102 Schedule A. Modified risk tobacco products receive a 50% (risk modification order) or 25% (exposure modification order) reduction under G.S. 105-113.4E.
Vapor products
G.S. 105-113.36A(a)(1); G.S. 105-113.4(1k), (13a) Source
Timely filing discount
- Rate
- 2% of tax due
- Base
- Tax due on a timely filed report with timely payment
- Who pays
- Deduction taken by the primarily liable dealer
- Effective
- Current
Excludes vapor products tax by statute. Not allowed if the return or payment is late.
All products except vapor products
G.S. 105-113.37C(a) Source
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