Oregon Revised Statutes

Or. Rev. Stat. § 323.040 (2026)

Sales to common carriers in interstate or foreign passenger service exempted; tax on carriers

✓ current as of May 2026
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      323.040 Sales to common carriers in interstate or foreign passenger service exempted; tax on carriers. The taxes imposed by ORS 323.005 to 323.482 do not apply to the sale of cigarettes by a distributor to a common carrier engaged in interstate or foreign passenger service or to a person authorized to sell cigarettes on the facilities of the carrier. Whenever cigarettes are sold by distributors to common carriers engaged in interstate or foreign passenger service for use or sale on facilities of the carriers, or to persons authorized to sell cigarettes on those facilities, the tax imposed by this section may not be levied with respect to sales of the cigarettes by the distributors, but a tax is hereby levied upon the carriers or upon the persons authorized to sell cigarettes on the facilities of the carriers, as the case may be, for the privilege of making these sales in Oregon at the same rate that is imposed upon the distribution of cigarettes in this state for each cigarette sold. The common carriers and authorized persons shall pay the tax imposed by this section and file reports with the Department of Revenue as provided in ORS 323.355. [1965 c.525 §20; 1985 c.78 §1; 2003 c.804 §7]

 

      323.045 [1965 c.525 §23; repealed by 1999 c.602 §1]

Notes of Decisions
Cited in 1 case, 1974–1974 · leading case: Carter & Son, Inc. v. Dep't of Revenue, 5 Or. Tax 379 (Or. T.C. 1974).
Carter & Son, Inc. v. Dep't of Revenue, 5 Or. Tax 379 (Or. T.C. 1974). ““Cigarettes are not considered to be interstate commerce and therefore are not exempt under ORS 323.040 if they are received by a purchaser or his agent (other than a common carrier) in this state.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.