72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2023
 
LC 1238/HB 2023-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2023
 
                     By COMMITTEE ON REVENUE
 
                           February 14
 
  On page 1 of the printed bill, line 2, delete 'and' and after
'308.250' insert 'and 308.296; and prescribing an effective
date'.
  On page 2, after line 4, insert:
  '  { +  SECTION 3. + } 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 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) { + (a) + } Unless the penalty is the subject of an
appeal under ORS 311.223, the county board of property tax
appeals, upon application of the taxpayer, { +   + }may waive the
liability { + :
  ' (A) + } For all or a portion of the penalty upon a proper
showing of good and sufficient cause { + ; or
  ' (B) If the year for which the return was filed was both the
first year that a return was required to be filed by the taxpayer
and the first year for which the taxpayer filed a return + }.
  { - However, - }
  '  { +  (b) + } 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 4. + }  { + The amendments to ORS 308.296 by
section 3 of this 2003 Act apply to appeals filed with a county
 
board of property tax appeals on or after the effective date of
this 2003 Act. + }
  '  { +  SECTION 5. + }  { + This 2003 Act takes effect on the
91st day after the date on which the regular session of the
Seventy-second Legislative Assembly adjourns sine die. + } ' .
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