(2) The consumer or subscriber is liable for the tax imposed by this section.
(3) The amounts of tax collected by the provider or seller are considered as payment by the consumer or subscriber for that amount of tax.
(4) The tax imposed under this section, as it applies to prepaid wireless telecommunications service, shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the tax shall be separately stated on an invoice, receipt or other similar document that the seller provides to the consumer, or shall be otherwise disclosed to the consumer.
(5) For purposes of this section, a retail transaction:
(a) Occurs in this state if it is made in person by a consumer at a business location of the seller;
(b) If not made in person by a consumer at a business location of the seller, occurs in this state if the consumer’s shipping address, payment instrument billing address, or other address provided by the consumer for purposes of the transaction, is in this state; or
(c) If insufficient information exists to determine whether paragraph (a) or (b) of this subsection is accurate, occurs in this state if the consumer’s prepaid wireless telephone number is associated with an Oregon location.
(6) Any return made by the provider or seller collecting the tax must be accepted by the Department of Revenue as evidence of payments by the consumer or subscriber of amounts of tax so indicated upon the return. [Formerly 401.792; 2014 c.59 §§3,3a; 2015 c.247 §§18,19; 2019 c.653 §§1,2]
Note: Section 4, chapter 5, Oregon Laws 2002 (first special session), provides:
Sec. 4. (1) Taxes imposed under ORS 403.200 apply to subscriber bills issued on or after January 1, 2002, and before January 1, 2030, and to retail transactions made on or after October 1, 2015, and before January 1, 2030.
(2) The amendments to ORS 403.200 by section 1 of this 2019 Act apply to subscriber bills issued and retail transactions made on or after January 1, 2020, and before January 1, 2021.
(3) The amendments to ORS 403.200 by section 2 of this 2019 Act apply to subscriber bills issued and retail transactions made on or after January 1, 2021. [2002 s.s.1 c.5 §4; 2002 s.s.3 c.4 §1; 2007 c.629 §1; 2013 c.749 §1; 2014 c.59 §9; 2019 c.653 §5]
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 403 - Emergency Communications System; 2-1-1 System; Public Safety Communications Systems
Section 403.100 - Policy; development of public safety networks and emergency communications system.
Section 403.105 - Definitions for ORS 305.823 and 403.105 to 403.250.
Section 403.120 - Oregon Department of Emergency Management duties and powers; rules.
Section 403.130 - jurisdiction plan; requirements; review; revised plans.
Section 403.132 - Provision of location of cellular device to law enforcement agency; rules.
Section 403.137 - Operation of multiline telephone system.
Section 403.150 - Disaster recovery plan.
Section 403.160 - Mediation of disputes; arbitration; costs and fees.
Section 403.165 - Department to ensure compliance; proceedings authorized.
Section 403.170 - Agreement with Confederated Tribes of Warm Springs Reservation of Oregon.
Section 403.200 - Imposition of tax; rate.
Section 403.202 - Compensation of sellers of prepaid wireless telecommunications service.
Section 403.215 - Returns; payment of tax; election; rules.
Section 403.225 - Amounts collected held in trust; enforcement.
Section 403.230 - Application of other laws.
Section 403.235 - Emergency Communications Account.
Section 403.240 - Distribution of account proceeds; uses; reimbursement request review; reports.
Section 403.245 - Limitation on use of moneys; investment of moneys.
Section 403.250 - Primary public safety answering points; rules.
Section 403.300 - Definitions for ORS 403.300 to 403.380.
Section 403.310 - Officers of district; qualifications.
Section 403.315 - Application of ORS chapter 255 to district.
Section 403.320 - Board as governing body of district; president of board.
Section 403.325 - Election of board members at formation election; terms of office.
Section 403.330 - Changing number of board members; election; notice to Secretary of State.
Section 403.335 - Continuing schedule of biennial elections after change in number of board members.
Section 403.340 - Manner of electing board members.
Section 403.345 - Election of board members.
Section 403.350 - Changing manner of electing board members; requirements; election.
Section 403.360 - General district powers.
Section 403.370 - Levy of taxes.
Section 403.375 - Boundaries of zones.
Section 403.400 - Legislative findings.
Section 403.405 - Definitions for ORS 403.400 to 403.430.
Section 403.420 - Designated regional information centers.
Section 403.422 - Access of telecommunications customers to 2-1-1 system.
Section 403.425 - Use of 2-1-1 system by state agencies providing health and human services.
Section 403.430 - Contributions to support 2-1-1 system; use of contributions.
Section 403.445 - Definitions.
Section 403.450 - State Interoperability Executive Council.
Section 403.455 - Duties of council; rules.
Section 403.465 - Duties of State Chief Information Officer.
Section 403.500 - Definitions for ORS 403.500 to 403.542.
Section 403.502 - Application of election laws.
Section 403.507 - Size of district board; qualifications.
Section 403.510 - Size of district board at formation; terms of office.
Section 403.512 - Election of district board after formation; terms.
Section 403.520 - Methods of election.
Section 403.525 - General district powers.
Section 403.527 - Levy of taxes.
Section 403.530 - Deposit and disbursement of district moneys.
Section 403.535 - Power to contract bonded indebtedness.