Chapter 545
AN ACT
HB 2229
Relating to interest on property tax refunds;
creating new provisions; amending ORS 311.812; and prescribing an effective
date.
Be It Enacted by the People of
the State of
SECTION 1. ORS 311.812 is amended to read:
311.812. (1) Except as
provided in subsection (2) of this section, interest may not be paid upon any
tax refunds made under ORS 311.806.
(2) Interest as provided
in subsection (3) of this section shall be paid on the following refunds:
(a) A refund resulting
from the correction under ORS 311.205 of an error made by the assessor or tax
collector.
(b) A refund resulting
from a written stipulation of the county assessor or the county tax collector
if the written stipulation constitutes a final determination that is not
subject to appeal.
(c) Any refund ordered
by the Department of Revenue if no appeal is taken or can be taken from the
department’s order.
(d) Refunds ordered by
the Oregon Tax Court or the Supreme Court if the order constitutes a final
determination of the matter.
(e) Refunds of taxes
collected against real or personal property not within the jurisdiction of the
tax levying body.
(f) Refunds due to
reductions in value ordered by a county board of property tax appeals where no
appeal is taken.
(g) Refunds due to
reductions in value made pursuant to ORS 309.115.
(h) Refunds due to a
claim for a war veteran’s exemption for a prior tax year that is filed pursuant
to ORS 307.262.
(3)(a) The
interest provided by subsection (2) of this section shall be paid at the rate
of one percent per month, or fraction of a month, computed from the time the
tax was paid or from the time the first installment thereof was due, whichever
is the later. If a discount [were] is
given at the time the taxes [were]
are paid, interest shall be computed only on the net amount of taxes to be
refunded. If any portion of a refund described in subsection (2) of this
section results from an assessment based on inaccurate information contained in
a report filed by a taxpayer, interest shall be computed on only the portion of
the refund that is not attributable to the inaccurate information contained in
the taxpayer report.
(b) As used in this
subsection, “report” means a return, statement or any other information
provided by a taxpayer in writing to the department or county assessor.
SECTION 2. The amendments to ORS 311.812 by section 1
of this 2007 Act apply to refunds for tax years beginning on or after July 1,
2007, and to refunds from appeals filed on or after July 1, 2007.
SECTION 3. This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth Legislative
Assembly adjourns sine die.
Approved by the Governor June 22, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date September 27, 2007
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