José M spanish attorney
I need to know if you mean to sell legal tobacco or ilegal ( no taxed ) tobacco
And I need to know the account of ilegal boxes retained if we are talking about ilegal tobacco
I have a newsagent shop. I wi
We are tañlking about selling legal or ilegal tobacco ?
I mean, taxed or untaxed tobacco?
If we are talkin about legal tobacco you need a licence
The fine could be 300 euros first time
If you are talking about ilegal tobacco the fine will be no less that 1500 euros and they take all the ilegal tobacco you have
here is the law which rules it
So remember, you need a licence
The minimun fine will be 300 euros
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Sorry having internet problems - hopefully now resolved.
Do not worry
We are going to try it again
I wish to sell legal tobacco out of a machine with a remote. Legal prices etc. I have a newsagents shop but sell also sweets, drinks, cards gifts etc. I understand the first fine is 300E. What is the second and third time fines please?
The best way to sell legally is to rent a machine from a provider
Fines could be up to 120.000 euros if you repeat
I bought a machine 3 years ago. The Guardia Fiscal has taped up the machine. I do not have a sub licence from my Estanco.
Thats the problem
It is not the machine that you need
You need the licence or rent part of your space to a provider
I mean your business will be renting your space a provider who has legal machines
That is is how you have to manage it
How do I find a legal provider?
Where are you?
Wait a minute
OK thats great. But I would still like to know possible fines for second and third offences.
The problem is that in the second time the fine will be no less than 12.000 euros
I think it does not worth
WOW. Thanks for all your help.
I´m sorry but I am not sure your advice was correct. We spoke to the machine company and all they do is give us the serial number of the machine they would provide. The machine company is not licenced to sell tobacco.
That number has to be entered on a form provide by the estanco. Once that is done according to the machine provider you have a licence.
This is not correct because we have filled out the form (three times). That form together with a refundable application fee has to be sent to the Comisionado para el Mercado de Tabacos to review and possibly grant a licence.
As I say they have rejected three applications (and two appeals).
The problem is a newagent can have a tobacco licence only if they sell nothing other than newspapers. Not sweets , not drinks not anything.
Never mind that there is not a kiosko in Spain that doesn´t sell more than tobacco and press.
I guess all kioskos are trading illegally, but I´m not Spanish. I think that´s the real problem!
The estanco is shut today for the fiesta. I can ask tomorrow. However the Estanco recommended the company that provided the machine I bought.
Sure, that it is.
You can deal with the estanco to sell his tobacco with the machine
I mean, the estanco can rent the machine and pay you a comission or you can buy the tobacco from the estanco and sell it out with his autorithation
If that´s true, next time the Guardia Fiscal inspects me and asks to see my tobacco licence what do I show them?
How much would you charge
A) to drfat a contract
B) provide a letter on your stationery referencing the appropriate law and expressing the opinion that I could legally sell tobacco in accordance with the contract you drfated.
I am sorry to say that the site rules do not allow me to make contracts for clients.
If I could it no will be more than 300 euros
In all cases the person who contract with you because he has a licence he will have their own contracts so you do not have to spend money
Look for him and send me his contract and I ill advise
OK thanks - I´ll ask the Estanco tomorrow.
I have spoken to our estanco and a competitor estanco. Our estanco has spoken to several other estancos and the Connissioner of Tobacco for Cadiz.
Nobody seems to understand how we can contract directlt with an estanco and then sell tobacco.
Could you provide us with contact details of an estanco or newsagent who has implemented such a contract?
Thank you for your reply and I understand what you are saying.
Can you provide the name and contact details for a bar that has done this, or the contact details for an estanco that has so contracted with a bar?