Cigarette Tax and Tobacco Products Tax Frequently Asked Questions

Yes, a retailer permit is required for each place of business where cigarettes and tobacco products are sold. You also need a sales and use tax permit.

A retailer permit is issued for a period beginning on the first day of June of each even-numbered year or the location’s actual first business date. The permit expires on the last day of May of each even-numbered year.

The permit fee is $180, but this fee is prorated based on the actual first business date of the location subject to permitting. A permitted retailer will receive a renewal packet prior to the expiration date of their permit(s). Failure to renew a required permit by the renewal due date results in a $50 late fee.

There are no cigarette/tobacco reporting requirements for permitted retailers. However, sales tax must be collected and reported on the sale of cigarettes, and tobacco products.

Yes. The statute defines a place of business as one of the following:

• a commercial business location where cigarettes are sold
• a commercial business location where cigarettes are kept for sale or consumption or otherwise stored
• a vehicle from which cigarettes are sold
• a vending machine from which cigarettes are sold

Yes, if you own the cigars in the humidor and sell them to the public.

Yes, a retailer permit is required and you will be issued a decal to affix to each machine registered with the Comptroller’s office.

No, permits are non-transferrable.

If your business location is actively permitted for sales and use taxes, your request will be processed within three days of the receipt of your properly completed application and the required fees.

• Complete and submit Form AP-193, Texas Application for Retailer Cigarette, Cigar and/or Tobacco Products Taxes Permit (PDF), or Form AP-175, Texas Application for Non-Retailer Cigarette, Cigar and/or Tobacco Products Taxes Permit (PDF)
• Contact us via Texas Tax Help
• Visit your local field office or call 800-862-2260 and request a retailer application (packet number 400) or a non-retailer application (packet number 450)

A cigarette distributor is one of the following:

• a person who is authorized to purchase (and affix cigarette tax stamps to) unstamped cigarette packages from manufacturers for the purpose of making a first sale in Texas
• a person who ships, transports, imports into Texas, acquires, or possesses cigarettes and makes a first sale of the cigarettes in Texas
• a person who manufactures or produces cigarettes
• an importer

A tobacco products distributor is one of the following:

• a person who receives untaxed tobacco products from a manufacturer inside or outside of Texas, for the purpose of use, consumption, or making a first sale in this state
• a person who manufactures or produces tobacco products
• a person who is an importer

A distributor permit is required to perform any of these activities. The distributor permit is issued for a period beginning on the first day of March each year (or the actual first business date if that date is after March 1). The permit expires on the last day of February the following year. The fee for a distributor permit is $300 annually, but this fee is prorated based on the first business date the distributor is subject to permitting. Each permitted distributor will receive a renewal packet prior to the expiration date of their permit. Failure to renew a required permit by the renewal due date results in a $50 late fee.

Combination permits (to sell both cigarettes and tobacco products) are available. The cost of a combination permit is the higher of the two applicable permit fees.

Distributors must file monthly reports with the Comptroller’s office. To sell directly to the public, a retailer permit is also required.

Yes, you may access permitted distributors information online or mail a written request to:

Yes, all oral nicotine pouches are taxable as class W tobacco products.

Oral nicotine pouches are tobacco products as defined by Tax Code, Section 155.001(15)(E). This classification was confirmed by the Supreme Court of Texas in Kelly Hancock v. RJR Vapor Co. LLC, 734 S.W.3d 856 (Texas 2026).

Tobacco products under Section 155.001(15)(E) have been taxable in Texas since Jan. 1, 1982.