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TT-33 – Proof of OTP tax payment requirements

Tax Calculation Rules and Edge Cases |

Learn what documentation is required to show tobacco tax has been paid and who is responsible

This bulletin explains how wholesalers must provide proof that tobacco taxes were paid and how retailers can avoid being held responsible for unpaid taxes. Without proper documentation, retailers may become liable even if they did not owe the tax directly.

What you need to know

  • Wholesalers must provide proof of tax payment
  • Retailers can be held liable without proof
  • Acceptable proof includes a letter or invoice statement
  • Missing proof can lead to penalties and product confiscation

Who This Applies To

  • Registered other tobacco products (OTP) wholesalers
  • Retailers who purchase OTP products in Maryland

What Is Required

  • Wholesalers must provide proof that tobacco tax has been paid
  • Proof must be given to retailers at the time of sale
  • Retailers must keep this proof to avoid tax liability

Accepted Proof of Payment

  • Letter from wholesaler confirming registration and tax filing
  • Statement printed on each invoice showing tax payment
  • Documentation must clearly show the wholesaler is compliant

What Happens Without Proof

  • Retailers may be required to pay the tax
  • Wholesalers are still responsible for the tax
  • Products may be confiscated
  • Future sales and deliveries may be restricted

Responsibilities

Wholesalers must:

  • Provide proof with each sale
  • Maintain a process to ensure compliance

Retailers must:

  • Receive proof from wholesalers
  • Keep records of proof for purchases

Important Notes

  • Retailer tax payment does not remove wholesaler responsibility
  • Proof must be provided consistently for all transactions
  • Lack of process can lead to enforcement action

Need Help?

For questions about these requirements, contact the Maryland Comptroller’s Office: 410-260-7980

Related files

TT-33 – Proof of OTP tax payment requirements