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Lawmakers debate replacing bifurcated vape tax with wholesale percent; retailers warn 40% rate would push sales out of state
Summary
Senator Jana Hughes proposed replacing Nebraska’s bifurcated vaping tax with a uniform wholesale percentage and included a 40% wholesale rate; retailers and industry groups warned the proposed rate would be disproportionately high, push consumers to other markets and could harm small businesses.
Senator Jana Hughes introduced LB 712 to the Revenue Committee and proposed eliminating Nebraska’s bifurcated electronic nicotine delivery systems (ENDS) tax in favor of a single wholesale percentage. Her draft calls for a 40% wholesale tax on vape products as an alternative to the current mix of a per‑milliliter rate for small‑volume products and a 10% wholesale tax on larger products.
Hughes said a single wholesale percentage better tracks product price and inflation, addresses inequities in the current bifurcated system and aligns ENDS taxation with other nicotine excise taxes. “When you do a flat 5¢ per milliliter, 20 years from now, what does that 5¢…
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