ORS 319.180: Payment of tax; delinquency penalty; interest rates.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The license tax imposed by ORS 319.020 shall be paid on or before the 25th day of each month to the Department of Transportation which, upon request, shall receipt the dealer therefor. (2) Except as provided in subsection (4) of this section, to any license tax not paid as required by subsection (1) of this section there shall be added a penalty of one percent of such license tax. (3) Except as provided in subsection (4) of this section, if the tax and penalty required by subsection (2) of this section are not received on or before the close of business on the last day of the month in which the payment is due, a further penalty of 10 percent shall be paid in addition to the penalty provided for in subsection (2) of this section. (4) If the department determines that the delinquency was due to reasonable cause and without any intent to avoid payment, the penalties provided by subsections (2) and (3) of this section may be waived. Penalties imposed by this section shall not apply when the penalty provided in ORS 319.090 has been assessed and paid. (5)(a) If the license tax imposed by ORS 319.020 is not paid as required by subsection (1) of this section, interest shall be charged at the rate of 0.0329 percent per day until the tax and interest have been paid in full. (b) If the license tax imposed by ORS 319.020 is overpaid, the department may credit interest to the account of the taxpayer in the amount of 0.0329 percent per day up to a maximum amount that equals any interest assessed against the taxpayer under paragraph (a) of this subsection in any given audit period. (6) No dealer who incurs a tax liability as provided for in ORS 319.010 to 319.420, shall knowingly and willfully fail to report and pay the same to the department as required by ORS 319.010 to 319.420. [Amended by 1955 c.730 §3; 1957 c.209 §4; 1959 c.505 §5; 1963 c.226 §2; 1967 c.54 §2; 1979 c.344 §4; 1987 c.610 §6; 1989 c.664 §5; 1999 c.769 §6]
Administrative rules citing this section
- OAR 735-170-0000: Definitions — implements
- OAR 735-170-0020: Required Tax Report Forms and Report Preparation — implements
- OAR 735-170-0035: Reporting Requirements for Registered Fuel Handlers — implements
- OAR 735-170-0075: Tax Exempt Sales to Indian Tribes — implements
- OAR 735-170-0085: Annual Tribal Certification — implements
- OAR 735-170-0130: Motor Vehicle Fuel Tax Credit of Interest on Tax Overpayments — implements
This rule cites
- ORS 319.020 — resolved
- ORS 319.090 — resolved
- ORS 319.010 — resolved
- 319.420 — resolved
Cited by
- ORS 319.120: Remedies cumulative.
- ORS 319.190: Monthly statement of dealer; penalty; rules.
- ORS 319.990: Penalties.
- OAR 735-170-0040: Tax Report Filing Dates
- OAR 735-170-0045: Motor Vehicle Fuel Tax Waiver of Late Payment Penalties
- OAR 735-170-0130: Motor Vehicle Fuel Tax Credit of Interest on Tax Overpayments
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors319.html