AAA Oregon/Idaho Auto Source, LLC v. State

423 P.3d 71, 363 Or. 411
CourtOregon Supreme Court
DecidedAugust 2, 2018
DocketSC S065394
StatusPublished
Cited by7 cases

This text of 423 P.3d 71 (AAA Oregon/Idaho Auto Source, LLC v. State) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AAA Oregon/Idaho Auto Source, LLC v. State, 423 P.3d 71, 363 Or. 411 (Or. 2018).

Opinion

DUNCAN, J.

*73**413In 2017, the legislature enacted a law that provides, in part, "A tax is imposed on each vehicle dealer for the privilege of engaging in the business of selling taxable motor vehicles at retail in this state." Or. Laws 2017, ch. 750, § 90(1). The issue in this case is whether that tax is subject to Article IX, section 3a, of the Oregon Constitution. As relevant here, Article IX, section 3a, provides that taxes "on the ownership, operation or use of motor vehicles" "shall be used exclusively for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads, streets and roadside rest areas in this state." For the reasons explained below, we conclude the tax is not subject to Article IX, section 3a.

I. PROCEDURAL BACKGROUND

This case is before this court because, in the same law that established the tax at issue, the legislature conferred original jurisdiction upon this court to determine whether the tax is subject to Article IX, section 3a. Or. Laws 2017, ch. 750, § 112(3)(a). The law also authorized "[a]ny person interested in or affected or aggrieved by" the tax to petition this court to make that determination. Or. Laws 2017, ch. 750, § 112(2). Pursuant to that authority, petitioners-AAA Oregon/Idaho Auto Source, LLC (Auto Source), AAA Oregon/Idaho, and Oregon Trucking Associations, Inc.-filed the petition for judicial review in this case. The state appears as respondent, and the Oregon Legislative Assembly appears as amicus curiae .

Petitioners assert that they have standing for several reasons, including that Auto Source is a vehicle dealer who is subject to the tax. Respondent agrees that Auto Source is affected by the tax. Therefore, it is undisputed that Auto Source has standing. Accordingly, we proceed to our review of the tax. See MacPherson v. DAS , 340 Or. 117, 123-24, 130 P.3d 308 (2006) (in a case with multiple plaintiffs, only one needs to establish standing).

II. DISCUSSION

We begin with a description of the tax at issue, before turning to an examination of Article IX, section 3a, **414and then addressing whether the tax is subject to Article IX, section 3a.

A. The Tax

The tax at issue was imposed by the legislature through Oregon Laws 2017, chapter 750, section 90, and we refer to it as the "Section 90" tax. By its terms, the Section 90 tax is a "privilege tax," and it is imposed on vehicle dealers "for the privilege of engaging in the business of selling taxable motor vehicles at retail in this state."1 Id. § 90(1). It is "computed at the rate of 0.5 percent of the retail sales price of the taxable motor vehicle." Id. § 90(2). It is to be paid by vehicle dealers by means of quarterly tax returns filed with the Department of Revenue. Id. § 98(2), (4). "A vehicle dealer may collect the amount of the privilege tax computed on the retail sales price of a taxable motor vehicle from the purchaser of the taxable motor vehicle." Id. § 90(3)(a).

As noted, the Section 90 tax is imposed on "vehicle dealers" and is based on retail sales of "taxable motor vehicles." A "vehicle dealer" is "[a] person engaged in business in this state that has been issued a vehicle dealer certificate under ORS 822.020." Or. Laws 2017, ch. 750, § 89(9)(a). A "taxable motor *74vehicle" is "a new motor vehicle with a gross vehicle weight rating of 26,000 pounds or less" that is also, inter alia , a "vehicle as defined in ORS 744.850, other than an all-terrain vehicle" or a "commercial vehicle as defined in ORS 801.210."2 Id. § 89(6). Thus, the Section 90 tax is **415imposed only on vehicle dealers, and, it is calculated based only on certain sales. It is not triggered by all motor vehicle sales; specifically, it is not triggered by sales by persons who are not vehicle dealers, by sales to resellers, or by sales of used vehicles.

The legislature did not view the Section 90 tax as a tax on the "ownership, operation or use of motor vehicles" for the purposes of Article IX, section 3a. Or. Laws 2017, ch. 750, § 112(1) ("It is the intent of the Legislative Assembly that revenue from the privilege tax imposed under section 90 of this 2017 Act is not subject to the provisions of Article IX, section 3a, of the Oregon Constitution."). In keeping with that view, the legislature provided that moneys received from the Section 90 tax shall be deposited into the Zero-Emission Incentive Fund and the Connect Oregon Fund, rather than the State Highway Fund (or other fund dedicated to the uses listed in Article IX, section 3a ).3

In addition to the Section 90 tax, which it refers to as a "privilege tax," Oregon Laws 2017, chapter 750, also establishes what it refers to as a "use tax." Specifically, **416section 91 of the law imposes a tax "on the storage, use or other consumption in this state of taxable motor vehicles purchased at retail from any seller," and we refer to that tax as the "Section 91" tax. Id. § 91(1). The rate of the Section 91 use tax is the same as the rate of the Section 90 privilege tax: "0.5 percent of the retail sales price of the taxable motor vehicle." Id. § 91(2). The Section 91 use tax is a liability of the purchaser, but it is reduced by the amount of other taxes imposed upon the sale, including any privilege tax. Id. § 91(3), (4).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Deras v. Dept. of Rev.
Oregon Tax Court, 2026
Knopp v. Griffin-Valade
543 P.3d 1239 (Oregon Supreme Court, 2024)
EAN Holdings, LLC v. Dept. of Rev.
24 Or. Tax 200 (Oregon Tax Court, 2020)
State v. Haji
462 P.3d 1240 (Oregon Supreme Court, 2020)
Linn County v. Brown
461 P.3d 966 (Oregon Supreme Court, 2020)
Ooma, Inc. v. Dept. of Rev.
24 Or. Tax 48 (Oregon Tax Court, 2020)
Or. Trucking Ass'ns, Inc. v. Dep't of Transp.
432 P.3d 1080 (Oregon Supreme Court, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
423 P.3d 71, 363 Or. 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaa-oregonidaho-auto-source-llc-v-state-or-2018.