71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1908
 
                           A-Engrossed
 
                         House Bill 2278
                Ordered by the House February 12
          Including House Amendments dated February 12
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Bill Witt)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Reduces certain penalties imposed for failure to timely file
personal property tax return.
  Applies to penalties imposed for failure to file returns due on
or after effective date of Act.
 
                        A BILL FOR AN ACT
Relating to property tax return penalties; creating new
  provisions; and amending ORS 308.296.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 308.296 is amended to read:
  308.296. (1) Each person, firm, corporation or association
required by ORS 308.290 to file a return reporting only taxable
personal property, who or which has not filed a return within the
time fixed in ORS 308.290 or as extended, shall be subject to a
penalty as provided in this section.
  (2) A taxpayer who files a return to which this section applies
after March 1, or after April 15, if the taxpayer received an
extension, but on or before June 1, is subject to a penalty equal
to five percent of the tax attributable to the taxable personal
property of the taxpayer.
  (3) A taxpayer who files a return to which this section applies
after June 1, but on or before August 1, is subject to a penalty
equal to 25 percent of the tax attributable to the taxable
personal property of the taxpayer.
  (4) After August 1, a taxpayer who files a return to which this
section applies or who fails to file a return shall be subject to
a penalty equal to   { - 100 - }   { + 50 + } percent of the tax
attributable to the taxable personal property of the taxpayer.
  (5) If a delinquency penalty provided in this section is
imposed, the tax statement for the year in which the penalty is
imposed shall reflect the amount of the penalty and shall
constitute notice to the taxpayer.
  (6) The county board of property tax appeals, upon application
of the taxpayer, may waive the liability for all or a portion of
the penalty upon a proper showing of good and sufficient cause.
However, an application made under this subsection shall not be
considered by the board unless filed timely and in the same
manner as an appeal under ORS 309.100.  There shall be no appeal
from the determination of the board under this subsection.
  (7) If the board waives all or a portion of a penalty already
imposed and entered on the roll, the person in charge of the roll
shall cancel the waived penalty and enter the cancellation on the
roll as an error correction under ORS 311.205 and, if the waived
penalty has been paid, it shall be refunded without interest
under ORS 311.806.
  SECTION 2.  { + The amendments to ORS 308.296 by section 1 of
this 2001 Act apply to penalties imposed for the failure to file
a return reporting taxable personal property that is due on or
after the effective date of this 2001 Act. + }
                         ----------