Oregon tax court can't invalidate fee assessed on hospital's net revenue, judge rules

The Oregon Tax Court has dismissed a request by Bay Area Hospital in Coos Bay, Ore., to refund a fee assessed on its net revenue, according to Law360.

The decision, in Bay Area Hospital v. Oregon Health Authority, was handed down April 30.

In its decision, the court ruled that it did not have jurisdiction on the issue. Instead, the court said, the state's Oregon Health Authority should decide on the validity of a refund of a 0.7 percent fee assessed by the state legislature on the net revenue of certain facilities, according to the Law360 report.

The hospital argued that, as a special district, it is not subject to the 2017 charge because state lawmakers did not make an adequate "affirmative legislative declaration" that they intended to tax only one public body, court documents showed. The hospital also argued that the charge is a tax.

Based on its overall lack of jurisdiction on the issue, the court reportedly did not consider the hospital's argument that the fee is a tax.


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