Cigarettes and Tobacco Products

ORS 323.505
Tax imposed on distribution

  • rate


(1)

A tax is hereby imposed upon the distribution of all tobacco products in this state. The tax imposed by this section is intended to be a direct tax on the consumer, for which payment upon distribution is required to achieve convenience and facility in the collection and administration of the tax. The tax shall be imposed on a distributor at the time the distributor distributes tobacco products.

(2)

The tax imposed under this section shall be imposed at the rate of:

(a)

Sixty-five percent of the wholesale sales price of cigars, but not to exceed 50 cents per cigar;

(b)

One dollar and seventy-eight cents per ounce based on the net weight determined by the manufacturer, in the case of moist snuff, except that the minimum tax under this paragraph is $2.14 per retail container; or

(c)

Sixty-five percent of the wholesale sales price of all tobacco products that are not cigars or moist snuff.

(3)

For reporting periods beginning on or after July 1, 2022, the rates of tax applicable to moist snuff under subsection (2)(b) of this section shall be adjusted for each biennium according to the cost-of-living adjustment for the calendar year. The Department of Revenue shall recompute the rates for each biennium by adding to the rates in subsection (2)(b) of this section the product obtained by multiplying the rates in subsection (2)(b) of this section by a factor that is equal to 0.25 multiplied by the percentage (if any) by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31, 2020.

(4)

If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal to the next higher whole cent. However, the amount remitted to the Department of Revenue by the taxpayer for each quarter shall be equal only to 98.5 percent of the total taxes due and payable by the taxpayer for the quarter.

(5)

No tobacco product shall be subject to the tax if the base product or other intermediate form thereof has previously been taxed under this section. [1985 c.816 §16; 1997 c.2 §9; 1999 c.21 §60; 2001 c.982 §3; 2003 c.46 §48; 2003 c.804 §32; 2009 c.717 §2; 2013 s.s. c.5 §18a]
Note: The amendments to 323.505 (Tax imposed on distribution) by section 12, chapter 525, Oregon Laws 2019, were referred to the people for their approval or rejection at the regular general election to be held throughout this state on November 3, 2020. See section 22, chapter 525, Oregon Laws 2019. If chapter 525, Oregon Laws 2019, is approved by the people, the amendments apply to tobacco products tax reporting periods beginning on or after January 1, 2021. See section 17, chapter 525, Oregon Laws 2019. The text that, if chapter 525, Oregon Laws 2019, is approved by the people, applies to tax reporting periods beginning on or after January 1, 2021, is set forth for the user’s convenience.
323.505 (Tax imposed on distribution). (1) A tax is hereby imposed upon the distribution of all tobacco products in this state. The tax imposed by this section is intended to be a direct tax on the consumer, for which payment upon distribution is required to achieve convenience and facility in the collection and administration of the tax. The tax shall be imposed on a distributor at the time the distributor distributes tobacco products.

(2)

The tax imposed under this section shall be imposed at the rate of:

(a)

Sixty-five percent of the wholesale sales price of cigars, but not to exceed one dollar per cigar;

(b)

One dollar and seventy-eight cents per ounce based on the net weight determined by the manufacturer, in the case of moist snuff, except that the minimum tax under this paragraph is $2.14 per retail container; or

(c)

Sixty-five percent of the wholesale sales price of all tobacco products that are not cigars or moist snuff.

(3)

For reporting periods beginning on or after July 1, 2022, the rates of tax applicable to moist snuff under subsection (2)(b) of this section shall be adjusted for each biennium according to the cost-of-living adjustment for the calendar year. The Department of Revenue shall recompute the rates for each biennium by adding to the rates in subsection (2)(b) of this section the product obtained by multiplying the rates in subsection (2)(b) of this section by a factor that is equal to 0.25 multiplied by the percentage (if any) by which the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31 of the prior calendar year exceeds the monthly averaged U.S. City Average Consumer Price Index for the 12 consecutive months ending August 31, 2020.

(4)

If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal to the next higher whole cent. However, the amount remitted to the Department of Revenue by the taxpayer for each quarter shall be equal only to 98.5 percent of the total taxes due and payable by the taxpayer for the quarter.

(5)

A tax under this section is not imposed on inhalant delivery systems that are:

(a)

Marketed and sold solely for the purpose of vaporizing or aerosolizing marijuana items as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545); or

(b)

Purchased in a medical marijuana dispensary that is registered under ORS 475B.858 (Medical marijuana dispensary registration system) by a person to whom a registry identification card has been issued under ORS 475B.797 (Registry identification cardholders).

(6)

No tobacco product shall be subject to the tax if the base product or other intermediate form thereof has previously been taxed under this section.
Chapter 323

Notes of Decisions

This chapter was not intended to impose a tax on cigarettes sold by an Oregon distributor, to be shipped out of state and sold out of state to ultimate consumers for use out of state. Carter & Son v. Dept. of Rev., 5 OTR 379 (1974)


Source

Last accessed
Jun. 26, 2021