Opinion: Black market for illegal smokes a black eye for government

The growing black market for cigarettes in Canada is be­coming a larger and larger problem. It is a source of vio­lent and organized crime and it deprives governments of the full taxes from the sale of a legal product. To deal with this problem, governments must not further hike tobacco taxes, as doing so merely spurs black market trade.

In the 1980s and ’90s gov­ernments faced large and grow­ing deficits and mounting debt loads. They also faced decreas­ed public acceptance of smok­ing. In response to both, gov­ernment raised tobacco excise taxes. The raising of the taxes drove a growing black market.

Different studies, including data from Statistics Canada, all estimate that between 1987 and 1993 contraband cigarettes grew from 1 per cent of the market to between 27 and 33 per cent. This growth came at the same time that federal tobacco taxes more than tripled from $6 per carton to over $19 per carton. Many provinces match­ed those hikes.

Taxes were reduced in 1994, in part to address the grow­ing black market, but have since crept back up. Today taxes comprises 45 per cent of the cost of a carton of cigaret­tes, which cost as much as $74.49 in Ontario.

The return of high taxes has seen a return of the illegal tobacco trade. A 2009 study by the Convenience Store Associ­ation revealed that illegal cig­arettes used by teens in Ontario schools had grown to 30 per cent and as high as 45 per cent in Quebec. Their research esti­mates contraband cigaret­tes could be up to 40 per cent of the total tobacco market.

With large deficits and mounting debt again being experienced by most govern­ments, they may be tempted to look to tobacco tax hikes to raise revenue.

Such hikes do not receive the same public backlash as does hiking most other taxes and fees. In fact, in many cases non-smokers relish the thought of higher taxes on products they do not consume. Unfort­unately, higher tobacco taxes won’t likely raise the revenue hoped.

Recent Fraser Institute re­search shows that a 10 per cent increase in the price of tobacco products can reduce lawful cigarette sales by about three to ten per cent. To the extent that some smokers evade excise taxes by purchasing contra­band, the use of excise taxes to discourage smoking and in­crease government revenues is rendered ineffective.

It is further estimated that the illegal tobacco trade de­prives governments of $1.3-billion in tax revenues. High and rising tobacco taxes are also hurting many small businesses and driving illegal activities onto some reserves. Much of the illegal tobacco can be traced back to Native reserves in Canada and the United States. Some of it is even sold at smoke shacks on reserves. In addition to illegal cigarettes being sold, in some cases taxes aren’t being charg­ed to off-reserve Natives and to non-Natives.

The illegal activity is a result of people trying to avoid paying high taxes. Increasing tobacco taxes would further drive smokers away from legi­ti­mate small businesses and would make the illegal trade on and off-reserve even more lucrative.

Aversion to smoking should no longer be an excuse to ig­nore the problems of illegal tobac­co. To deal with it, governments need to resist the temptation to hike tobacco taxes. Enforcing the rule of law would also help.

Kevin Gaudet is with the Canadian Taxpayers Federa­tion.

 

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