What is the PACT Act?
On June 29, 2010, the Prevent All Cigarette Trafficking (PACT) Act went into effect. This federal law amends the Jenkins Act, 15 U.S.C. Chapter 10A, which governs the collection of taxes on, and trafficking in, cigarettes and smokeless tobacco. The PACT Act revised definitions in the Jenkins Act, provided new requirements for registration, reporting, recordkeeping, and increased penalties for criminal violations. The PACT Act also generally prohibits mailing cigarettes and smokeless tobacco through the U.S. Postal Service.
For more information, see Frequently Asked Questions.
Who Must Register
The PACT Act amended provisions of the Jenkins Act on the following:
- shipment and packaging of tobacco
- compliance with state tax and licensing requirements relating to tobacco
- filing of certain reports to state tax administrators.
If you sell, transfer, ship, advertise or offer to sell cigarettes or smokeless tobacco in interstate commerce, you must register with both of the following:
- Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice
- Vermont Department of Taxes—you must file monthly reports with the Department
How to Register
The Vermont Department of Taxes will also accept a copy of the statement required to be filed with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), listing the Vermont Agent Authorized to Accept Service (name, address, and telephone number).
An ATF 5070.1 registration form is available on the ATF website.
Send it by email or submit a paper copy of the registration to:
Vermont Department of Taxes
133 State Street
Montpelier, Vermont 05633
Filing Monthly Reports
To file monthly reports using myVTax, see the following guides:
- myVTax Guide: How to submit a PACT Act Report
- PACT Act Sample File
- PACT Act File Upload Layout (Please note: You must save the file as a csv. file format in order to upload successfully on myVTax.)
You may also use the uniform PACT Act forms to file monthly reports. The PACT Act Forms are available at the Federation of Tax Administrators’ website. Fillable versions of these forms for use in Vermont are linked here:
- Form FTA-PA1: State Cigarette PACT Act Report for Vermont
- Form FTA-PA2: State Tobacco PACT Act Report for Vermont
Use additional pages of the forms as needed to report all required information. You may email the reports to us.
If you are required to register, you must submit a report no later than the 10th day of each calendar month for the previous calendar month's shipments. You must file the monthly report every month until you notify the Department in writing that you no longer sell, transfer, ship, advertise, or offer to sell cigarettes or smokeless tobacco into Vermont.
If you have any questions, contact our Business Tax Section, (802) 828-2551 or email us.
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