72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2186
 
LC 645/HB 2186-6
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2186
 
                     By COMMITTEE ON REVENUE
 
                             April 1
 
  On page 1 of the printed bill, line 3, after '314.011, ' insert
'314.385,'.
  On page 11, delete lines 39 through 43 and insert:
  ' (b) A reference to the laws of the United States or to the
Internal Revenue Code that relates to the allowance and amount of
a deduction for depreciation under section 167 or 168 or another
provision of the Internal Revenue Code, to the allowance and
amount of a deduction for expensing depreciable assets under
section 179 or another provision of the Internal Revenue Code or
to the adjusted basis of an asset that is depreciated or expensed
for federal tax purposes, refers to the laws of the United States
or the Internal Revenue Code as they are amended and in effect
and applicable:
  ' (A) On December 31, 2002; or
  ' (B) If attributable to a change in the laws of the United
States or in the Internal Revenue Code that is enacted after
December 31, 2005, for the tax year of the taxpayer, except where
the Legislative Assembly has specifically provided otherwise.
  ' (c) A reference to the laws of the United States or to the
Internal Revenue Code that relates to pension, profit-sharing or
stock bonus plans, deferred compensation plans, employee stock
ownership plans, individual retirement accounts (including Roth
individual retirement accounts), medical savings accounts,
education IRAs, qualified tuition savings programs or other
tax-deferred or tax-exempt savings programs benefiting
individuals, refers to the laws of the United States or to the
Internal Revenue Code as they are amended and in effect and
applicable for the tax year of the taxpayer.'.
  In line 44, delete '(c)' and insert '(d)'.
  On page 12, line 2, delete 'paragraph (b)' and insert '
paragraphs (b) and (c)'.
  After line 30, insert:
  '  { +  SECTION 10a. + } ORS 314.385 is amended to read:
  ' 314.385. (1)(a) For purposes of ORS chapter 316, returns
shall be filed with the Department of Revenue on or before the
due date of the corresponding federal return for the tax year as
prescribed under the Internal Revenue Code and the regulations
adopted pursuant thereto, except that the final return of a
decedent shall be filed at any time following the death of the
decedent, to and including the 15th day of the fourth month after
expiration of the regular tax year of the decedent.
  ' (b) For purposes of ORS chapters 317 and 318, returns shall
be filed with the department on or before the 15th day of the
month following the due date of the corresponding federal return
for the tax year, as prescribed under the Internal Revenue Code
and the regulations adopted pursuant thereto.
  ' (c) The department may allow further time for filing returns
equal in length to the extension periods allowed under the
Internal Revenue Code and its regulations.
 
  ' (d) If no return is required to be filed for federal income
tax purposes, the due date or extension period for a return shall
be the same as the due date, or extension period, would have been
if the taxpayer had been required to file a return for federal
income tax purposes for the tax year. However, the due date for
returns filed for purposes of ORS chapter 317 or 318 shall be on
or before the 15th day of the month following what would have
been the federal return due date for the tax year.
  ' (2) There shall be annexed to the return a statement verified
as provided under ORS 305.810 by a declaration of the taxpayer
making the return to the effect that the statements contained
therein are true.
  ' (3) Returns shall be in such form as the department may, from
time to time, prescribe. The department shall prepare blank forms
for the returns and distribute them throughout the state.  Such
forms shall be furnished the taxpayer upon request, but failure
to receive or secure a form shall not relieve the taxpayer from
the obligation of making any return required by law.
  ' (4) { + (a) + } The department may by rule authorize the
filing of a return in alternative formats to those described in
subsection (3) of this section and may prescribe the conditions,
requirements and technical standards for a filing under this
subsection.
   { +  ' (b) Notwithstanding subsections (1) to (3) of this
section, the department may by rule prescribe a different due
date for a return filed in an alternative format.
  ' (c) The policy of the Legislative Assembly in granting the
department rulemaking authority under paragraph (b) of this
subsection is to have the department prescribe due dates that
mirror the due dates that apply to federal returns filed in
alternative formats for federal tax purposes. + }
  '  { +  SECTION 10b. + }  { + The amendments to ORS 314.385 by
section 10a of this 2003 Act apply to returns filed in
alternative formats for tax years beginning on or after January
1, 2003. + } ' .
  On page 14, line 34, delete 'means'.
  Delete lines 35 through 38 and insert:
  ' (1) That relates to the allowance and amount of a deduction
for depreciation under section 167 or 168 or another provision of
the Internal Revenue Code, to the allowance and amount of a
deduction for expensing depreciable assets under section 179 or
another provision of the Internal Revenue Code or to the adjusted
basis of an asset that is depreciated or expensed for federal tax
purposes, refers to the laws of the United States or the Internal
Revenue Code as they are amended and in effect and applicable:
  ' (a) On December 31, 2002; or
  ' (b) If attributable to a change in the laws of the United
States or in the Internal Revenue Code that is enacted after
December 31, 2005, for the tax year of the taxpayer, except where
the Legislative Assembly has specifically provided otherwise; or
  ' (2) That relates to pension, profit-sharing or stock bonus
plans, deferred compensation plans, employee stock ownership
plans, individual retirement accounts (including Roth individual
retirement accounts), medical savings accounts, education IRAs,
qualified tuition savings programs or other tax-deferred or
tax-exempt savings programs benefiting individuals, refers to the
laws of the United States or to the Internal Revenue Code as they
are amended and in effect and applicable for the tax year of the
taxpayer; or'.
  In line 39, delete '(2)' and insert '(3) Means,'.
  On page 18, line 4, delete 'means'.
  Delete lines 5 through 7 and insert:
  ' (a) In the case of a reference that relates to the allowance
and amount of a deduction for depreciation under section 167 or
168 or another provision of the Internal Revenue Code, to the
allowance and amount of a deduction for expensing depreciable
assets under section 179 or another provision of the Internal
Revenue Code or to the adjusted basis of an asset that is
depreciated or expensed for federal tax purposes, refers to the
laws of the United States or the Internal Revenue Code as they
are amended and in effect and applicable:
  ' (A) On December 31, 2002; or
  ' (B) If attributable to a change in the laws of the United
States or in the Internal Revenue Code that is enacted after
December 31, 2005, for the tax year of the taxpayer, except where
the Legislative Assembly has specifically provided otherwise; or
  ' (b) In the case of a reference that relates to pension,
profit-sharing or stock bonus plans, deferred compensation plans,
employee stock ownership plans, individual retirement accounts
(including Roth individual retirement accounts), medical savings
accounts, education IRAs, qualified tuition savings programs or
other tax-deferred or tax-exempt savings programs benefiting
individuals, refers to the laws of the United States or to the
Internal Revenue Code as they are amended and in effect and
applicable for the tax year of the taxpayer; or'.
  In line 8, delete '(b)' and insert '(c) Means,'.
  In line 9, delete 'as they' and insert 'or the Internal Revenue
Code as these laws'.
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