Cigarettes and Tobacco Products

ORS 323.525
Security

  • amount


(1)

The Department of Revenue may require any person subject to ORS 323.500 (Definitions for ORS 323.500 to 323.645) to 323.645 (Short title) to place with the department an amount of security that the department determines is necessary to ensure compliance with ORS 323.500 (Definitions for ORS 323.500 to 323.645) to 323.645 (Short title).

(2)

The amount of the security shall be fixed by the department but, except as provided in subsection (3) of this section, may not be greater than twice the estimated tax liability of a person for the reporting period under ORS 323.500 (Definitions for ORS 323.500 to 323.645) to 323.645 (Short title), determined in a manner the department considers proper.

(3)

In the case of a person who, pursuant to ORS 323.535 (Cancellation, suspension or revocation of license), has appealed the decision of the department to suspend or revoke a license, the amount of the security may not be greater than twice the tax liability of the person for the reporting period under ORS 323.500 (Definitions for ORS 323.500 to 323.645) to 323.645 (Short title), determined in a manner the department considers proper, or $10,000, whichever is greater.

(4)

The limitations provided in this section apply regardless of the type of security placed with the department. The required amount of the security may be increased or decreased by the department subject to the limitations provided in this section. [1985 c.816 §20; 2003 c.804 §35; 2005 c.94 §111]
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