2011 ORS § 473.060¹
Payment of taxes
- • refunds
- • interest or penalty
- • appeal
(1) The privilege taxes imposed by ORS 473.030 (Tax on wines and malt beverages) and 473.035 (Tax on cider) shall be paid to the Oregon Liquor Control Commission. The taxes covering the periods for which statements are required to be rendered by ORS 473.070 (Statements by manufacturers as to quantities produced) shall be paid before the time for filing such statements expires or, as concerns wines, on or before the 20th day of the month after such wines have been withdrawn from federal bond. If not so paid, a penalty of 10 percent and interest at the rate of one percent a month or fraction of a month shall be added and collected. The commission may refund any tax payment imposed upon or paid in error by any licensee, and may waive the collection or refund the payment of any tax imposed and collected on wine, cider or malt beverages subsequently exported from this state, sold to a federal instrumentality or to the commission, or determined by the commission to be unfit for human consumption or unsalable.
(2) The commission may waive any interest or penalty assessed to a manufacturer subject to the tax imposed under ORS 473.030 (Tax on wines and malt beverages) or 473.035 (Tax on cider) if the commission, in its discretion, determines that the manufacturer has made a good faith attempt to comply with the requirements of this chapter.
(3) Except in the case of fraud, the commission may not assess any interest or penalty on any tax due under ORS 473.030 (Tax on wines and malt beverages) or 473.035 (Tax on cider) following the expiration of 36 months from the date on which was filed the statement required under ORS 473.070 (Statements by manufacturers as to quantities produced) reporting the quantity of wine, cider or malt beverages upon which the tax is due.
(4) A manufacturer may appeal a tax imposed under ORS 473.030 (Tax on wines and malt beverages) or 473.035 (Tax on cider) in the manner of a contested case under ORS chapter 183. [Amended by 1955 c.241 §1; 1971 c.158 §2; 1981 c.199 §5; 1995 c.301 §25; 1997 c.348 §6; 1999 c.145 §1; 2007 c.854 §6]