N.Y. Comp. Codes R. & Regs. tit. 20, § 86.2
Tax Law, § 485(a)(2)
Any merchandise given gratis or any payment made to an agent, to a CMSA wholesale dealer or to a CMSA retail dealer by a manufacturer of cigarettes for display, advertising, promotional purposes or otherwise, is not a trade discount nor shall they be considered in determining the cost of the agent, the cost of the CMSA wholesale dealer or the cost of the CMSA retail dealer.