74th OREGON LEGISLATIVE ASSEMBLY--2007 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 515
 
                         House Bill 2229
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Revenue)
 
 
                             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.
 
  Limits interest on refunds for property tax overpayment to
portion of overpayment not attributable to inaccurate taxpayer
reports.
  Applies to refunds for appeals filed on or after July 1, 2007.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
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 Oregon:
  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. + }
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