ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.063. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 314 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Note: Legislative Counsel has codified applicability sections for annual reconnect bills, which update statutory references to federal tax law, for bills enacted in years prior to 2012. Beginning with the 2012 regular session, Legislative Counsel has printed the applicability sections as uncodified session law sections. Legislative Counsel will retain these applicability sections in printed form for six subsequent years before omitting them. All applicability sections for reconnect bills continue to be in full force and effect. Note: Section 27, chapter 101, Oregon Laws 2018, provides: Sec. 27. Application of Disaster Tax Relief and Airport and Airway Extension Act of 2017 (P.L. 115-63) and An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (P.L. 115-97). (1) Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 26 of this 2018 Act apply to transactions or activities occurring on or after January 1, 2018, in tax years beginning on or after January 1, 2018. (2) The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates, contained in the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (P.L. 115-63), and An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018 (P.L. 115-97) and other federal law amending the Internal Revenue Code and enacted before January 1, 2018, apply for Oregon personal income and corporate excise and income tax purposes, to the extent they can be made applicable, in the same manner as they are applied under the Internal Revenue Code and related federal law. (3)(a) If a deficiency is assessed against any taxpayer for a tax year beginning before January 1, 2018, and the deficiency or any portion thereof is attributable to any retroactive treatment under the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010 and 317.097 by sections 1 and 13 to 24 of this 2018 Act, then any interest or penalty assessed under ORS chapter 305, 314, 315, 316, 317 or 318 with respect to the deficiency or portion thereof shall be canceled. (b) If a refund is due any taxpayer for a tax year beginning before January 1, 2018, and the refund or any portion thereof is due the taxpayer on account of any retroactive treatment under the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010 and 317.097 by sections 1 and 13 to 24 of this 2018 Act, for a tax year beginning before January 1, 2018, then notwithstanding ORS 305.270 or 314.415 or any other law, the refund or portion thereof shall be paid without interest. (c) Any changes required because of the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010 and 317.097 by sections 1 and 13 to 24 of this 2018 Act, for a tax year beginning before January 1, 2018, shall be made by filing an amended return within the time prescribed by law. (d) If a taxpayer fails to file an amended return under paragraph (c) of this subsection, the Department of Revenue shall make any changes under paragraph (c) of this subsection on the return to which the changes relate within the period specified for issuing a notice of deficiency or claiming a refund as otherwise provided by law with respect to that return, or within one year after a return for a tax year beginning on or after January 1, 2018, and before January 1, 2019, is filed, whichever period expires later. [2018 c.101 27] Note: Section 29, chapter 319, Oregon Laws 2019, provides: Sec. 29. Application of Making Further Continuing Appropriations for the Fiscal Year Ending September 30, 2018 (P.L. 115-120), and the Bipartisan Budget Act of 2018 (P.L. 115-123). (1) Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 28 of this 2019 Act apply to transactions or activities occurring on or after January 1, 2019, in tax years beginning on or after January 1, 2019. (2) The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates, contained in Making Further Continuing Appropriations for the Fiscal Year Ending September 30, 2018 (P.L. 115-120), the Bipartisan Budget Act of 2018 (P.L. 115-123) and other federal law amending the Internal Revenue Code and enacted before January 1, 2019, apply for Oregon personal income and corporate excise and income tax purposes, to the extent they can be made applicable, in the same manner as they are applied under the Internal Revenue Code and related federal law. (3)(a) If a deficiency is assessed against any taxpayer for a tax year beginning before January 1, 2019, and the deficiency or any portion thereof is attributable to any retroactive treatment under the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010 and 317.097 by sections 1 and 13 to 26 of this 2019 Act, then any interest or penalty assessed under ORS chapter 305, 314, 315, 316, 317 or 318 with respect to the deficiency or portion thereof shall be canceled. (b) If a refund is due any taxpayer for a tax year beginning before January 1, 2019, and the refund or any portion thereof is due the taxpayer on account of any retroactive treatment under the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010 and 317.097 by sections 1 and 13 to 26 of this 2019 Act, for a tax year beginning before January 1, 2019, then notwithstanding ORS 305.270 or 314.415 or any other law, the refund or portion thereof shall be paid without interest. (c) Any changes required because of the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010 and 317.097 by sections 1 and 13 to 26 of this 2019 Act, for a tax year beginning before January 1, 2019, shall be made by filing an amended return within the time prescribed by law. (d) If a taxpayer fails to file an amended return under paragraph (c) of this subsection, the Department of Revenue shall make any changes under paragraph (c) of this subsection on the return to which the changes relate within the period specified for issuing a notice of deficiency or claiming a refund as otherwise provided by law with respect to that return, or within one year after a return for a tax year beginning on or after January 1, 2019, and before January 1, 2020, is filed, whichever period expires later. [2019 c.319 29] Note: Section 30, chapter 456, Oregon Laws 2021, provides: Sec. 30. Application of federal law amending the Internal Revenue Code. (1) Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 29 of this 2021 Act apply to transactions or activities occurring on or after January 1, 2021, in tax years beginning on or after January 1, 2021. (2) The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates, contained in federal law amending the Internal Revenue Code and enacted before January 1, 2021, apply for Oregon personal income and corporate excise and income tax purposes, to the extent they can be made applicable, in the same manner as they are applied under the Internal Revenue Code and related federal law. (3)(a) If a deficiency is assessed against any taxpayer for a tax year beginning before January 1, 2021, and the deficiency or any portion thereof is attributable to any retroactive treatment under the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1 and 14 to 26 of this 2021 Act, then any interest or penalty assessed under ORS chapter 305, 314, 315, 316, 317 or 318 with respect to the deficiency or portion thereof shall be canceled. (b) If a refund is due any taxpayer for a tax year beginning before January 1, 2021, and the refund or any portion thereof is due the taxpayer on account of any retroactive treatment under the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1 and 14 to 26 of this 2021 Act, for a tax year beginning before January 1, 2021, then notwithstanding ORS 305.270 or 314.415 or any other law, the refund or portion thereof shall be paid without interest. (c) Any changes required because of the amendments to ORS 178.300, 305.230 [renumbered 305.239], 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1 and 14 to 26 of this 2021 Act, for a tax year beginning before January 1, 2021, shall be made by filing an amended return within the time prescribed by law. (d) If a taxpayer fails to file an amended return under paragraph (c) of this subsection, the Department of Revenue shall make any changes under paragraph (c) of this subsection on the return to which the changes relate within the period specified for issuing a notice of deficiency or claiming a refund as otherwise provided by law with respect to that return, or within one year after a return for a tax year beginning on or after January 1, 2021, and before January 1, 2022, is filed, whichever period expires later. [2021 c.456 30] Note: Section 30, chapter 83, Oregon Laws 2022, provides: Sec. 30. Application of American Rescue Plan Act of 2021 (P.L. 117-2) and Infrastructure Investment and Jobs Act (P.L. 117-158). (1) Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 29 of this 2022 Act apply to transactions or activities occurring on or after January 1, 2022, in tax years beginning on or after January 1, 2022. (2) The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates, contained in the American Rescue Plan Act of 2021 (P.L. 117-2) and the Infrastructure Investment and Jobs Act (P.L. 117-58) and other federal law amending the Internal Revenue Code and enacted before January 1, 2022, apply for Oregon personal income and corporate excise and income tax purposes, to the extent they can be made applicable, in the same manner as they are applied under the Internal Revenue Code and related federal law. (3)(a) If a deficiency is assessed against any taxpayer for a tax year beginning before January 1, 2022, and the deficiency or any portion thereof is attributable to any retroactive treatment under the amendments to ORS 178.300, 178.375, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1, 2 and 14 to 26 of this 2022 Act, then any interest or penalty assessed under ORS chapter 305, 314, 315, 316, 317, 317A or 318 with respect to the deficiency or portion thereof shall be canceled. (b) If a refund is due any taxpayer for a tax year beginning before January 1, 2022, and the refund or any portion thereof is due the taxpayer on account of any retroactive treatment under the amendments to ORS 178.300, 178.375, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1, 2 and 14 to 26 of this 2022 Act, for a tax year beginning before January 1, 2022, then notwithstanding ORS 305.270 or 314.415 or any other law, the refund or portion thereof shall be paid without interest. (c) Any changes required because of the amendments to ORS 178.300, 178.375, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1, 2 and 14 to 26 of this 2022 Act, for a tax year beginning before January 1, 2022, shall be made by filing an amended return within the time prescribed by law. (d) If a taxpayer fails to file an amended return under paragraph (c) of this subsection, the Department of Revenue shall make any changes under paragraph (c) of this subsection on the return to which the changes relate within the period specified for issuing a notice of deficiency or claiming a refund as otherwise provided by law with respect to that return, or within one year after a return for a tax year beginning on or after January 1, 2022, and before January 1, 2023, is filed, whichever period expires later. [2022 c.83 30] Note: Section 30, chapter 171, Oregon Laws 2023, provides: Sec. 30. Application of Supreme Court Security Funding Act of 2022 (P.L. 117-167) and Inflation Reduction Act of 2022 (P.L. 117-169). (1) Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 29 of this 2023 Act apply to transactions or activities occurring on or after January 1, 2023, in tax years beginning on or after January 1, 2023. (2) The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates, contained in the Supreme Court Security Funding Act of 2022 (P.L. 117-167) and the Inflation Reduction Act of 2022 (P.L. 117-169) and other federal law amending the Internal Revenue Code and enacted before January 1, 2023, apply for Oregon personal income and corporate excise and income tax purposes, to the extent they can be made applicable, in the same manner as they are applied under the Internal Revenue Code and related federal law. (3)(a) If a deficiency is assessed against any taxpayer for a tax year beginning before January 1, 2023, and the deficiency or any portion thereof is attributable to any retroactive treatment under the amendments to ORS 178.300, 178.375, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1, 2 and 14 to 26 of this 2023 Act, then any interest or penalty assessed under ORS chapter 305, 314, 315, 316, 317, 317A or 318 with respect to the deficiency or portion thereof shall be canceled. (b) If a refund is due any taxpayer for a tax year beginning before January 1, 2023, and the refund or any portion thereof is due the taxpayer on account of any retroactive treatment under the amendments to ORS 178.300, 178.375, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1, 2 and 14 to 26 of this 2023 Act, for a tax year beginning before January 1, 2023, then notwithstanding ORS 305.270 or 314.415 or any other law, the refund or portion thereof shall be paid without interest. (c) Any changes required because of the amendments to ORS 178.300, 178.375, 305.239, 305.494, 305.690, 305.842, 314.011, 314.306, 315.004, 316.012, 316.147, 316.157, 317.010, 317.097 and 317A.100 by sections 1, 2 and 14 to 26 of this 2023 Act, for a tax year beginning before January 1, 2023, shall be made by filing an amended return within the time prescribed by law. (d) If a taxpayer fails to file an amended return under paragraph (c) of this subsection, the Department of Revenue shall make any changes under paragraph (c) of this subsection on the return to which the changes relate within the period specified for issuing a notice of deficiency or claiming a refund as otherwise provided by law with respect to that return, or within one year after a return for a tax year beginning on or after January 1, 2023, and before January 1, 2024, is filed, whichever period expires later.