2021 Oregon Revised Statutes
Chapter 323 - Cigarettes and Tobacco Products
Section 323.610 - Collection of unpaid tax.


(2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125. After recording a warrant, the department may direct the sheriff for the county in which the warrant is recorded to levy upon and sell the real and personal property of the taxpayer found within that county, and to levy upon any currency of the taxpayer found within that county, for the application of the proceeds or currency against the amount reflected in the warrant and the sheriff’s cost of executing the warrant. The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment, and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this section may be directed to any agent authorized by the department to collect the taxes imposed by ORS 323.500 to 323.645. In the execution of the warrant the agent has all of the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty.
(4) Until a warrant issued under this section is satisfied in full, the department has the same remedies to enforce the claim for taxes against the taxpayer as if the state had recovered judgment against the taxpayer for the amount of the tax. [1985 c.816 §35; 1987 c.158 §55; 2003 c.576 §205; 2003 c.804 §50; 2011 c.389 §5; 2011 c.661 §8]

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.