Chapter 22 Oregon Laws 2003

AN ACT

HB 2185

Relating to taxation; amending section 2, chapter 1096, Oregon Laws 1999.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2, chapter 1096, Oregon Laws 1999, is amended to read:

Sec. 2. (1) Notwithstanding the time for filing a claim for refund under ORS 314.415, the amendments to ORS 316.027 by section 1, chapter 1096, Oregon Laws 1999, [of this 1999 Act] apply:

(a) To tax years beginning on or after January 1, 1995; and

(b) To any tax year for which a notice of deficiency may be issued on or after [the effective date of this 1999 Act] October 23, 1999.

(2) If a claim for refund is filed for a tax year specified in subsection (1) of this section, and the claim constitutes an allowable claim for refund, the Department of Revenue shall refund the amount owed to the taxpayer in the manner provided in ORS 305.270 and 314.415.

(3)(a) A claim for refund under ORS 314.415 for a tax year beginning before January 1, 1999, that is based on the amendments to ORS 316.027 by section 1, chapter 1096, Oregon Laws 1999, must be filed with the Department of Revenue on or before December 31, 2004.

(b) A claim for refund under ORS 314.415 for a tax year beginning on or after January 1, 1999, that is based on the amendments to ORS 316.027 by section 1, chapter 1096, Oregon Laws 1999, must be filed with the Department of Revenue on or before the later of:

(A) December 31, 2004; or

(B) The time required to file a claim for refund under ORS 314.415.

Approved by the Governor March 25, 2003

Filed in the office of Secretary of State March 25, 2003

Effective date January 1, 2004

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