Chapter 655 Oregon Laws 1999

Session Law

AN ACT

HB 2124

Relating to taxation; creating new provisions; and amending ORS 308.295, 308.296, 308.302, 309.026 and 309.200.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 308.296 is amended to read:

308.296. (1) Each person, firm, corporation or association required by ORS 308.290 to file a return reporting only taxable personal property, who or which has not filed a return within the time fixed in ORS 308.290 or as extended, shall be subject to a penalty as provided in this section.

(2) A taxpayer who files a return to which this section applies after March 1, or after April 15, if the taxpayer received an extension, but on or before June 1, is subject to a penalty equal to five percent of the tax attributable to the taxable personal property of the taxpayer.

(3) A taxpayer who files a return to which this section applies after June 1, but on or before August 1, is subject to a penalty equal to 25 percent of the tax attributable to the taxable personal property of the taxpayer.

(4) After August 1, a taxpayer who files a return to which this section applies [after August 1] or who fails to file a return shall be subject to a penalty equal to 100 percent of the tax [on the return] attributable to the taxable personal property of the taxpayer.

(5) If a delinquency penalty provided in this section is imposed, the tax statement for the year in which the penalty is imposed shall reflect the amount of the penalty and shall constitute notice to the taxpayer.

(6) The county board of property tax appeals, upon application of the taxpayer, may waive the liability for all or a portion of the penalty upon a proper showing of good and sufficient cause. However, an application made under this subsection shall not be considered by the board unless filed timely and in the same manner as an appeal under ORS 309.100. There shall be no appeal from the determination of the board under this subsection.

(7) If the board waives all or a portion of a penalty already imposed and entered on the roll, the person in charge of the roll shall cancel the waived penalty and enter the cancellation on the roll as an error correction under ORS 311.205 and, if the waived penalty has been paid, it shall be refunded without interest under ORS 311.806.

SECTION 2. ORS 308.296 is added to and made a part of ORS chapter 308.

SECTION 3. ORS 308.295 is amended to read:

308.295. (1) Each person, firm, corporation or association required by ORS 308.290 to file a return, other than a return reporting only taxable personal property, who or which has not filed a return within the time fixed in ORS 308.290 or as extended, is delinquent.

(2) A delinquent taxpayer is subject to a penalty of $1 for each $1,000 (or fraction thereof) of assessed value of the property as determined under ORS 308.146, but such penalty shall not be less than $10 or more than $250.

(3) If a delinquency penalty provided in this section is imposed, the tax statement for the year in which the penalty is imposed shall reflect the amount of the penalty and shall constitute notice to the taxpayer.

(4) The county board of property tax appeals may, upon application of the taxpayer, [excuse] waive the liability for all or a portion of the penalty upon a proper showing [that by reason] of good and sufficient cause[, the requirement to file pursuant to ORS 308.290 could not be complied with]. However, an application made under this subsection shall not be considered by the board unless filed timely and in the same manner as an appeal under ORS 309.100. There shall be no appeal from the determination of the board under this subsection.

(5) If the board [excuses] waives all or a portion of a penalty already imposed and entered on the roll, the person in charge of the roll shall cancel the waived penalty and enter the cancellation on the roll as an error correction under ORS 311.205 and, if the waived penalty has been paid, it shall be refunded without interest under ORS 311.806.

SECTION 4. ORS 308.302 is amended to read:

308.302. All penalties collected pursuant to ORS 308.030, 308.295, 308.296 or 308.300 shall be credited to the general fund of the county.

SECTION 5. ORS 309.026 is amended to read:

309.026. (1) The board of property tax appeals shall convene on the first Monday in February of each year. The board shall meet at the courthouse or courthouse annex. If the meeting place is other than the courthouse or annex, notice of the meeting place shall be posted daily in the courthouse. The board shall continue its sessions from day to day, exclusive of legal holidays, until the functions provided in subsections (2) and (3) of this section are completed.

(2) The board shall hear petitions for the reduction of:

(a) The assessed value or specially assessed value of property as of January 1;

(b) The real market value of property, but only if the maximum assessed value of the property that is the subject of the petition is determined under ORS 308.149 to 308.166; and

(3) The board shall hear petitions for the reduction of value as provided in subsection (2) of this section, but only if the value that is the subject of the petition was added to the roll prior to December 1 of the tax year.

(4) The board shall consider applications to [excuse] waive liability for all or a portion of the penalty imposed under ORS 308.295 or 308.296.

(5) The board shall adjourn no later than April 15.

SECTION 6. The amendments to ORS 308.295, 308.296, 308.302 and 309.026 by sections 1 and 3 to 5 of this 1999 Act apply to tax years beginning on or after July 1, 1999.

SECTION 7. ORS 309.200 is amended to read:

309.200. (1) Between January 1 and December 31 of each year the county assessor shall collect sales data for a ratio study.

(2) [By the March 1 next following,] The assessor shall prepare and complete a certified ratio study in the time and manner provided by the rules adopted by the Department of Revenue. A copy of the sales data collected and used as the basis for conclusions relating to real market value [pursuant to subsection (1) of this section] shall be included with the ratio study. [Not later than March 1 of each year,] The assessor shall file a certified copy of the sales data and ratio study with the department [of Revenue], as prescribed by department rule.

(3) Not later than October 15 of each year the assessor shall file with the clerk of the board of property tax appeals a copy of the ratio study.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

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