2021 Oregon Revised Statutes
Chapter 323 - Cigarettes and Tobacco Products
Section 323.540 - Records; contents; retention; examination.


(2) The records required by subsection (1) of this section shall show the names and addresses of purchasers and other pertinent papers and documents relating to the purchase, sale or disposition of tobacco products.
(3) When a licensed distributor sells tobacco products exclusively to consumers at the address given in the certificate and sells only tobacco products for which taxes imposed under ORS 323.500 to 323.645 have been paid prior to sale, an invoice of any individual sale of less than 100 cigars or of tobacco products with a wholesale sales price of less than $50 is not required. Itemized invoices of all tobacco products transferred to other places of business owned or controlled by that licensed distributor shall be made and retained.
(4)(a) All books, records and other papers and documents required by this section to be kept shall be preserved for a period of at least five years after the initial date of the books, records and other papers or documents, or the date of entries appearing therein, unless the Department of Revenue, in writing, authorizes their destruction or disposal at an earlier date.
(b) The department or its authorized representative, upon oral or written demand, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 323.500 to 323.645.
(c) If the department, or any of its agents or employees, are denied free access or are hindered or interfered with in making such examination, the license of the distributor at such premises shall be subject to cancellation, suspension or revocation by the department. [1985 c.816 §23; 2003 c.804 §38]

Structure 2021 Oregon Revised Statutes

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 323.015 - "Distribution," "distributor" and "distributor engaged in business in this state" defined.

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 323.320 - Refunds for unused stamps and for unsalable or destroyed cigarettes; interest; rules.

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 323.390 - Collection of unsecured, unpaid tax after deficiency or jeopardy determination; collection charge; warrants.

Section 323.401 - Refund agreement with governing body of Indian reservation; appropriation for refunds.

Section 323.404 - Disclosure and sharing of information between Department of Revenue and Oregon Health Authority.

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 323.459 - Disposition of further tax proceeds; payment of expenses for administration and enforcement.

Section 323.480 - Civil and criminal penalties for violations of ORS 323.005 to 323.482; fine for preventing entry or examination; forfeiture; appeal.

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 323.597 - Disclosure and sharing of information between Department of Revenue and Oregon Health Authority.

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 323.615 - Refund agreement with governing body of Indian reservation; appropriation for refunds.

Section 323.618 - Venue; department certificate as evidence.

Section 323.619 - Actions by Attorney General; limitation on actions; authority.

Section 323.623 - Appeals.

Section 323.627 - Disposition of proceeds of tax imposed on inhalant delivery systems.

Section 323.630 - Civil and criminal penalties for violations of ORS 323.500 to 323.645; fine for preventing entry or examination.

Section 323.632 - Offense of unlawful distribution of tobacco products; forfeiture.

Section 323.640 - Tax on distributors in lieu of all other state, county or municipal taxes on sale or use of tobacco.

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.

Section 323.862 - Disclosure of information.

Section 323.865 - Rulemaking authority.