(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 475C.009; or
(b) Purchased in a medical marijuana dispensary that is registered under ORS 475C.833 by a person to whom a registry identification card has been issued under ORS 475C.783.
(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. [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; 2019 c.525 §12]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 323 - Cigarettes and Tobacco Products
Section 323.010 - Definitions for ORS 323.005 to 323.482.
Section 323.030 - Tax imposed; rate; exclusiveness; only one distribution taxed.
Section 323.031 - Additional tax imposed; rate.
Section 323.055 - Sales to federal installations and veterans’ institutions exempted.
Section 323.060 - Consumer exemption; payment of tax in certain cases.
Section 323.085 - Presumptions regarding distribution and prepayment of tax.
Section 323.105 - Distributor’s license.
Section 323.107 - Wholesaler’s license.
Section 323.130 - Issuance and display of license; circumstances for not issuing license; appeal.
Section 323.140 - Cancellation, revocation or suspension of license; appeal.
Section 323.160 - Tax stamps; rules.
Section 323.165 - Sale of stamps.
Section 323.170 - Payment for stamps; distributor compensation.
Section 323.185 - Date when payment for credit purchases due; extension.
Section 323.225 - Transporters’ permits and records.
Section 323.235 - Subpoenas; enforcement.
Section 323.245 - Forfeiture of cigarettes and other objects; sale or redemption of other objects.
Section 323.248 - Seizure and forfeiture of contraband cigarettes; appeal.
Section 323.250 - Exchanges of information with other governmental units.
Section 323.318 - Refund when increase in cigarette tax is not continued.
Section 323.335 - Date when payment or prepayment of tax is due.
Section 323.340 - Reporting requirements for distributors.
Section 323.343 - Report by persons with cigarette activity; forms.
Section 323.365 - Extension of time for reports and payment of tax; interest.
Section 323.385 - Jeopardy determinations.
Section 323.416 - Appeals to Tax Court.
Section 323.420 - Venue; department certificate as evidence.
Section 323.435 - Actions by Attorney General; limitation on actions; authority.
Section 323.440 - Department to enforce ORS 323.005 to 323.482; rules; personnel.
Section 323.455 - Distribution of certain cigarette tax revenues.
Section 323.457 - Distribution of additional tax proceeds.
Section 323.482 - Offense of unlawful distribution of cigarettes; forfeiture; injunctive relief.
Section 323.500 - Definitions for ORS 323.500 to 323.645.
Section 323.505 - Tax imposed on distribution; rate.
Section 323.510 - Dates for payment of tax; returns; extension; interest.
Section 323.520 - Application for distributor license.
Section 323.525 - Security; amount.
Section 323.530 - Issuance of license; display; appeal of license denial.
Section 323.535 - Cancellation, suspension or revocation of license; appeal.
Section 323.538 - Wholesale sales invoices; requirements; presumptions; penalty.
Section 323.540 - Records; contents; retention; examination.
Section 323.570 - Transport of untaxed products; permit; bills of lading.
Section 323.610 - Collection of unpaid tax.
Section 323.612 - Seizure and forfeiture of contraband tobacco products; appeal.
Section 323.613 - Exchanges of information with other governmental units.
Section 323.618 - Venue; department certificate as evidence.
Section 323.619 - Actions by Attorney General; limitation on actions; authority.
Section 323.627 - Disposition of proceeds of tax imposed on inhalant delivery systems.
Section 323.632 - Offense of unlawful distribution of tobacco products; forfeiture.
Section 323.700 - Definitions for ORS 323.700 to 323.730.
Section 323.706 - Requirements for persons accepting delivery sale purchase orders.
Section 323.709 - Requirements for persons mailing or shipping tobacco in delivery sales.
Section 323.715 - Notice requirements for delivery sales.
Section 323.721 - Delivery sales reporting requirements.
Section 323.727 - Penalties for violating ORS 323.700 to 323.730; seizure and forfeiture.
Section 323.740 - Entry and examination by department.
Section 323.800 - Definitions for ORS 323.800 to 323.807.
Section 323.803 - Findings and purpose.
Section 323.806 - Required actions by manufacturers; liability of importers.
Section 323.807 - Assignment of interest in qualified escrow fund to state.
Section 323.810 - Definitions for ORS 323.810 to 323.816.
Section 323.813 - Findings and purpose.
Section 323.816 - Required actions by manufacturer.
Section 323.850 - Legislative findings.
Section 323.853 - Definitions for ORS 323.850 to 323.862.
Section 323.856 - Tax stamps prohibited on cigarette packages not meeting federal requirements.
Section 323.859 - Notice; effect of failure to receive notice.