PURPOSE: This rule indicates when the discount will not be allowed.

1. (1) A wholesaler is generally entitled to a three percent (3%) discount off the face value of stamps. The discount is not allowed if a wholesaler:

   1. (A) Purchases stamps on the deferred payment basis and fails to pay for the stamps when due; or
   2. (B) Fails to timely file the report required by section 149.041.2, RSMo, including all schedules.

AUTHORITY: sections 66.380, 136.030, 136.120, 149.021 and 210.320, RSMo 2000 and 149.015, RSMo Supp. 2005.* Cigarette Tax Regulation 5 was last filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed Feb. 18, 1983, effective June 11, 1983. Amended: Filed Jan. 31, 1994, effective July 30, 1994. Amended: Filed Sept. 30, 2005, effective April 30, 2006. *Original authority: 66.380, RSMo 1967, amended 1993, 1995; 136.030, RSMo 1945, amended 1947, 1949, 1965; 136.120, RSMo 1945; 149.015, RSMo 1974, amended 1982, 1993, 1994, 2001, 2005; 149.021, RSMo 1974, amended 1982; and 210.320, RSMo 1939, amended 1969, 1976, 1978, 1993, 1995. Op. Atty Gen. No. 338, Schechter (11-14-68). The elimination of the discounts presently allowed under the sales tax act, the state income tax act and the city earnings tax authorization statutes for the collection of such taxes would not affect the constitutionality of those statutes.