75th OREGON LEGISLATIVE ASSEMBLY--2009 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 584
 
                           A-Engrossed
 
                         House Bill 2308
                  Ordered by the House April 29
            Including House Amendments dated April 29
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon State Bar Estate Planning Section)
 
 
                             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.
 
  Allows executor or trustee of estate to apply to Department of
Revenue for determination of inheritance tax due and discharge
from tax liability.
   { +  Specifies period of time during which department may
allow or make any refund of inheritance tax. + }
  Applies to applications for determination of and discharge from
inheritance tax liability filed with Department of Revenue on or
after January 1, 2010.
  Takes effect on 91st day following adjournment sine die.
 
                        A BILL FOR AN ACT
Relating to discharge of estate fiduciary from personal liability
  for inheritance tax; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2009 Act are added to
and made a part of ORS chapter 118. + }
  SECTION 2.  { + (1) If the executor or trustee of an estate
makes a written application to the Department of Revenue for a
determination of the tax due under this chapter and discharge
from personal liability therefor, the department shall notify the
executor or trustee of the amount of tax due under this chapter.
The department shall give this notice:
  (a) As soon as possible, and in any event within 18 months of
the application; or
  (b) If the application is made before the return is filed, by
the earliest of the following:
  (A) Eighteen months after the return is filed.
  (B) The expiration of the period prescribed for the assessment
of the tax under ORS 305.265.
  (C) The expiration of the period prescribed for the issuance of
a notice of deficiency under ORS 314.410.
  (2) After payment of the amount in the notice, other than any
amount for which the time for payment is extended by the
department, the executor or trustee shall be discharged from
personal liability for any deficiency in tax. The department
 
shall furnish to the executor or trustee a receipt or writing
showing the discharge.
  (3) The department shall adopt by rule policies and procedures
for administration of applications under this section.
  (4) The expiration of the period prescribed for the issuance of
a notice of deficiency concerning any tax due under this chapter
shall be as provided under ORS 314.410. + }
  SECTION 3.  { + The period prescribed for the Department of
Revenue to allow or make a refund of any tax, or portion of tax,
paid under this chapter shall be as provided in ORS 314.415. + }
  SECTION 4.  { + Sections 2 and 3 of this 2009 Act apply to
applications for determination of and discharge from inheritance
tax liability filed with the Department of Revenue on or after
January 1, 2010. + }
  SECTION 5.  { + This 2009 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fifth
Legislative Assembly adjourns sine die. + }
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