Chapter 227
AN ACT
SB 172
Relating to property tax returns; creating
new provisions; and amending ORS 308.290 and 308.810.
Be It Enacted by the People of
the State of
SECTION 1. ORS 308.290 is amended to read:
308.290. (1)(a) Every
person and the managing agent or officer of any firm, corporation or
association owning, or having in possession or under control taxable personal
property shall make a return of the property for ad valorem tax purposes to the
assessor of the county in which such property has its situs for taxation. As
between a mortgagor and mortgagee or a lessor and lessee, however, the actual
owner and the person in possession may agree between them as to who shall make
the return and pay the tax, and the election shall be followed by the person in
possession of the roll who has notice of the election. Upon the failure of
either party to file a personal property tax return on or before March 1 of any
year, both parties shall be jointly and severally subject to the provisions of
ORS 308.296.
(b) Every person and the
managing agent or officer of any firm, corporation or association owning or in
possession of taxable real property shall make a return of the property for ad
valorem tax purposes when so requested by the assessor of the county in which
such property is situated.
(2)(a) Each return of
personal property shall contain a full listing of such property and a statement
of its real market value, including a separate listing of those items claimed
to be exempt as imports or exports. Each statement shall contain a listing of
the additions or retirements made since the prior January 1, indicating the
book cost and the date of acquisition or retirement. Each return shall contain
the name, assumed business name, if any, and address of the owner of the
personal property and, if it is a partnership, the name and address of each
general partner or, if it is a corporation, the name and address of its
registered agent.
(b) Each return of real
property shall contain a full listing of the several items or parts of such
property specified by the assessor and a statement exhibiting their real market
value. Each return shall contain a listing of the additions and retirements
made during the year indicating the book cost, book value of the additions and
retirements or the appraised real market value of retirements as specified in
the return by the assessor.
(c) There shall be
annexed to each return the affidavit or affirmation of the person making the
return that the statements contained in the return are true. All returns shall
be in such form as the assessor, with the approval of the Department of
Revenue, may prescribe. Prior to December 31 preceding the assessment year, the
department or assessor shall cause blank forms for the returns to be prepared
and distributed by mail, but failure to receive or secure the form shall not
relieve the person, managing agent or officer from the obligation of making any
return required by this section.
(3) All returns shall be
filed on or before March 1 of each year, but the assessor, upon written request
filed with the assessor prior to that date and for good cause shown in the
request, shall allow for an extension of time within which to file the return
to April 15. The department shall adopt rules for the granting of extensions
under this subsection.
(4)(a) In lieu of the
returns required under subsection (1)(a) or (b) of
this section, every person and the managing agent or officer of any firm,
corporation or association owning or having in possession or under control
taxable real and personal property that is either principal industrial property
or secondary industrial property as defined by ORS 306.126 (1) and is appraised
by the department shall file a combined return of the real and personal
property with the department.
(b) The contents and
form of the return shall be as prescribed by rule of the department. Any form
shall comply with ORS 308.297. Notwithstanding ORS 308.875, a manufactured
structure that is a part of an industrial property shall be included in a
combined return.
(c) In order that the
assessor may comply with ORS 308.295, the department shall provide a list to
the assessor of all combined returns that are required to be filed with the
department under this subsection but that were not filed on or before the due
date or within the time allowed by an extension.
(d) If the department
has delegated appraisal of the property to the assessor under ORS 306.126 (3),
the department shall notify the person otherwise required to file the combined
return under this subsection as soon as practicable after the delegation that
the combined return is required to be filed with the county assessor.
(e) Notwithstanding
subsection (1) or (3) of this section, a combined return of real and personal
property that is industrial property appraised by the department shall be filed
with the department on or before March 1 of the year.
(5)(a) Any person
required to file a return under subsection (4) of this section may apply to the
Department of Revenue for an extension of the time within which to file the
return to April 15. An extension granted under this subsection shall continue
in effect for each subsequent year unless canceled by the person or revoked by
the department. An extension granted under this subsection shall apply to
returns required to be filed with either the county assessor or the department.
The department shall provide for notification of county assessors of the
granting of extensions under this subsection.
(b) The Department of
Revenue shall, by rule, establish procedures and criteria for the granting of
extensions provided for under paragraph (a) of this subsection. The department
shall adopt such rules after consultation with an advisory committee selected
by the department that represents the interests of county assessors and
affected taxpayers.
(6) No return shall be
controlling on the assessor or on the Department of Revenue in any respect in
the assessment of any property. On any failure to file the required return, the
property shall be listed and evaluated from the best information obtainable
from other sources.
(7)(a) All returns filed
under the provisions of this section and ORS 308.525 and 308.810 shall be
confidential records of the office in which such returns are filed[.] or of the office to which the
returns are forwarded under paragraph (b) of this subsection.
(b) The assessor or the
department may forward any return received in error to the department or the
county official responsible for appraising the property described in the
return.
[(b)] (c) Notwithstanding paragraph
(a) of this subsection, a return described in paragraph (a) of this subsection
may be disclosed to:
(A) The Department of
Revenue or its representative;
(B) The representatives
of the Secretary of State or to an accountant engaged by a county under ORS
297.405 to 297.555 for the purpose of auditing the county’s personal property
tax assessment roll (including adjustments to returns made by the Department of
Revenue);
(C) The county tax collector
or the tax collector’s representative for the purpose of collecting delinquent
personal property taxes;
(D) Any reviewing
authority to the extent the return being disclosed relates to an appeal brought
by a taxpayer;
(E) The Division of
Child Support of the Department of Justice or a district attorney to the extent
the return being disclosed relates to a case for which the Division of Child
Support or the district attorney is providing support enforcement services
under ORS 25.080; or
(F) The Legislative
Revenue Officer for the purpose of preparation of reports, estimates and
analyses required by ORS 173.800 to 173.850.
[(c)] (d) Notwithstanding paragraph
(a) of this subsection:
(A) The Department of
Revenue may exchange property tax information with the authorized agents of the
federal government and the several states on a reciprocal basis.
(B) Information
regarding the valuation of leased property reported on a property return filed
by a lessor under this section may be disclosed to the lessee or other person
in possession of the property. Information regarding the valuation of leased
property reported on a property return filed by a lessee under this section may
be disclosed to the lessor of the property.
(8) If the assessed
value of any personal property in possession of a lessee is less than the
maximum amount of the assessed value of taxable personal property for which ad
valorem property taxes may be canceled under ORS 308.250, the person in
possession of the roll may disregard an election made under subsection (1) of
this section and assess the owner or lessor of the property.
SECTION 2. ORS 308.810 is amended to read:
308.810. (1) Every
association referred to in ORS 308.805 shall make and file with the Department
of Revenue, on or before [February]
March 1 of each year, in such form and on such blanks as the department may
prescribe and provide, the statement required under ORS 308.520 and 308.525,
and shall include therein the amount of all its gross revenue subject to the
tax levied by ORS 308.805 for the calendar year preceding the making of such
statement. The association shall compute and forward on or before July 1 of
each year the lesser of the tax calculated under ORS 308.807 (1) on such gross
revenue or the tax calculated under ORS 308.807 (2) on the real market value of
the transmission and distribution lines used or operated by the association.
(2) The department shall
notify the association of the real market value of the transmission and
distribution lines used or operated by the association on or before the date
fixed for notices of assessment to be issued under ORS 308.595 (2).
SECTION 3. The amendments to ORS 308.290 and 308.810 by
sections 1 and 2 of this 2007 Act apply to property tax returns filed on or
after January 1, 2008, for tax years beginning on or after July 1, 2008.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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