73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1770
House Bill 2758
Sponsored by Representative ANDERSON; Representatives BOONE,
BUTLER, CAMERON, GILMAN, RICHARDSON, ROBLAN
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 as
introduced.
Directs Department of Revenue to establish general tax amnesty
program of limited duration. Waives penalties for taxpayers who
pay outstanding taxes.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to tax compliance; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2005 Act may be cited
as the Oregon Tax Amnesty Act. + }
SECTION 2. { + (1) The Department of Revenue shall develop and
administer a tax amnesty program for personal income taxpayers
and corporate income and excise taxpayers.
(2) The tax amnesty program shall be conducted during the
period beginning January 1, 2006, and ending April 15, 2006.
(3) The tax amnesty program applies to tax liabilities due and
payable for tax years beginning before January 1, 2005.
(4) The department shall publicize the tax amnesty program so
as to maximize public awareness of and participation in the
program.
(5) The department may prescribe forms, issue instructions,
conduct public meetings and undertake any other action necessary
to maximize public participation in and compliance with the tax
amnesty program and the collection of tax liabilities to which
the program applies. + }
SECTION 3. { + (1) A personal income taxpayer or a corporate
income or excise taxpayer who meets all of the following
requirements during the period beginning January 1, 2006, and
ending April 15, 2006, may participate in the tax amnesty
program:
(a) The taxpayer was required to file a tax return under ORS
chapter 314, 316, 317 or 318, or pay a tax imposed under ORS
chapter 316, 317 or 318, for a tax year for which the Department
of Revenue may issue a notice of deficiency and that begins
before January 1, 2005;
(b) The taxpayer files a completed amnesty application with the
department, signed under penalty of perjury, to participate in
the tax amnesty program; and
(c) Within 60 days after the conclusion of the tax amnesty
program, the taxpayer does all of the following:
(A) Files a completed tax return for all tax years described in
paragraph (a) of this subsection for which the taxpayer had not
previously filed a completed tax return;
(B) Files a completed amended tax return for all tax years
described in paragraph (a) of this subsection for which the
taxpayer underreported or underpaid the tax liability of the
taxpayer; and
(C) Pays in full the taxes and interest due for all tax years
described in paragraph (a) of this subsection or applies for an
installment payment agreement under subsection (3) of this
section that applies to the taxes and interest due for all tax
years described in paragraph (a) of this subsection for which
taxes remain unpaid.
(2) In addition to the other requirements in subsection (1) of
this section, a taxpayer who has filed a petition for bankruptcy
protection under Title 11 of the United States Code may
participate in the tax amnesty program if the taxpayer submits an
order from a United States Bankruptcy Court allowing the taxpayer
to participate in the tax amnesty program.
(3)(a) A taxpayer may apply for an installment payment
agreement for the payment of taxes reported and due under
subsection (1) of this section. The application shall be made on
a form prescribed by the department and shall be due at the time
the taxpayer applies for amnesty under subsection (1) of this
section.
(b) The department shall enter into an installment payment
agreement with a taxpayer who has applied under paragraph (a) of
this subsection and shall establish a payment schedule if the
department concludes that the agreement will facilitate the
efficient collection of the outstanding tax liability.
(c) Any amount that remains unpaid under an installment payment
agreement shall bear interest at the rate established under ORS
305.220 for each month, or fraction of a month, for which the
amount remains unpaid.
(d) Under any installment payment agreement entered into under
this subsection, all outstanding taxes and interest must be paid
on or before December 31, 2011. + }
SECTION 4. { + (1) The Department of Revenue shall waive all
applicable penalties that would otherwise apply to the taxes
being reported and paid under section 3 of this 2005 Act for any
taxpayer that fully complies with the tax amnesty program
described in section 3 of this 2005 Act.
(2)(a) If the department has entered into an installment
payment agreement with the taxpayer, the failure of the taxpayer
to fully comply with the terms of the installment payment
agreement shall render the waiver of penalties under subsection
(1) of this section and the installment payment agreement
void. The total amount of tax, interest and all applicable
penalties shall become immediately due and payable.
(b) This subsection does not apply if the department determines
that the failure to fully comply with the terms of the
installment payment agreement is due to reasonable causes. + }
SECTION 5. { + Sections 2 to 4 of this 2005 Act are repealed
on January 2, 2012. + }
SECTION 6. { + Sections 2 to 4 of this 2005 Act are added to
and made a part of ORS chapter 314. + }
SECTION 7. { + This 2005 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-third
Legislative Assembly adjourns sine die. + }
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