The MSA (Master Settlement Agreement) is an agreement between 46 states, the District of Columbia, as well as five territories and the major tobacco companies to settle lawsuits over Medicaid costs in the treatment of smoking related illnesses. For additional information regarding the Master Settlement Agreement, visit the National Association of Attorneys General Web site.
Each licensed cigarette and tobacco products distributor is required to file monthly a Licensed Distributor Reporting Form for Cigarette Sales of Non-Participating Manufacturer Brands (DR 1285) if cigarette brands manufactured by non-participating manufacturers are stamped and distributed for sale in Colorado.
If a cigarette distributor exports or transfers cigarettes manufactured by non-participating manufacturers, the monthly Licensed Distributor Reporting Form for Tracking Transfers of Non-Participating Manufacturer Cigarette Brands for Escrow Purposes (DR 1284) must be submitted to the Office of the Colorado Attorney General.
NOTE: Failure to comply with these reporting requirements may result in the revocation of a distributor's license for a period of two years.
A distributor may qualify for an exemption from monthly reporting using Tobacco Distributor's Certificate for Exemption - MSA/Non-Participating Manufacturer Brands (DR 1286). This form can be used if:
- Cigarette distributor stamps and distributes only cigarette brands manufactured by participating manufacturers in Colorado.
- Cigarette distributor purchases stamped cigarettes from another Colorado cigarette distributor to sell to Colorado retailers.
- Tobacco products distributor sells at wholesale or retail in Colorado only tobacco products not subject to the Master Settlement Agreement (i.e. cigars, pipe tobacco, chew, etc.).
The DR 1286 exemption is valid for a period of 12 calendar months and must be renewed annually. A DR 1286 exempts the distributor from monthly reporting beginning the month after form DR 1286 is received by the department. The signed original form must be submitted to the department and a copy should be retained by the distributor. The exemption becomes void when a distributor stamps and distributes cigarettes manufactured by a non-participating manufacturer (NPM) under the MSA.
Form DR 1285 is required beginning with the first month the NPM brands stamped for Colorado are sold in the state. The signed original must be submitted to the department and a copy should be retained by the distributor. Form DR 1286 is an exemption from monthly MSA reporting, not for remittance of tax.
Licensed Cigarette and Tobacco Products Distributors Located within Colorado
The Licensed Distributor Reporting Form for Tracking Non-Paid Transfers of Non-Participating Manufacturer Cigarette Brands for Escrow Purposes (DR 1284) is required of any cigarette or tobacco products distributor who:
Transfers to another distributor in Colorado non-tax paid cigarettes and/or roll-your-own (RYO) tobacco manufactured by a non-participating manufacturer, and/or
Exports to a recipient outside Colorado non-tax paid cigarettes and/or roll-your-own (RYO) tobacco manufactured by a non-participating manufacturer.