ORS Chapter 315 — Personal and Corporate

ORS 315.276. Quarterly payments based on annual advance amount. (1) The Department of Revenue shall establish by rule a program for making quarterly payments to taxpayers that, in the aggregate during any calendar year, equal the annual advance amount determined under subsection (2) of this section with respect to a taxpayer for the calendar year. Except as provided in subsection (2)(c)(B) of this section, the periodic payments made to any taxpayer for any calendar year shall be in equal amounts. Quarterly payments under this section may be made only to taxpayers confirmed by the department to be Oregon residents. (2)(a) Except as otherwise provided in this subsection, the annual advance amount applicable to a taxpayer for any calendar year shall be calculated as 50 percent of the amount that would be allowed under ORS 315.273 for the tax year beginning in that calendar year assuming the following conditions: (A) The status of the taxpayer as eligible for the credit allowed under ORS 315.273 is determined with respect to the reference tax year; (B) The taxpayers modified adjusted gross income for the tax year is equal to the taxpayers modified adjusted gross income for the reference tax year; (C) The only children of the taxpayer for the tax year are qualifying children properly claimed on the taxpayers tax return for the reference tax year; and (D) The ages of the taxpayers children and the status of the children as qualifying children are determined for the tax year by taking into account the passage of time since the reference tax year. (b) Except as provided in paragraph (c)(A) of this subsection, the taxpayers reference tax year shall be determined, with respect to any taxpayer for any calendar year, the taxpayers tax year beginning in the preceding calendar year or, in the case of taxpayer who did not file a tax return for the tax year, the taxpayers tax year beginning in the second preceding calendar year. (c)(A) The department may modify, during any calendar year, the annual advance amount with respect to any taxpayer for the calendar year to take into account: (i) A tax return filed by the taxpayer during the calendar year and the tax year to which the return relates may be taken into account as the reference tax year; and (ii) Any other information provided by the taxpayer to the department or otherwise available to the department that allows the department to determine payments under paragraph (a) of this subsection that, in the aggregate during any tax year of the taxpayer, more closely total the departments estimate of the amount treated as allowed under ORS 315.273 for the tax year of the taxpayer. (B) In the case of any modification of the annual advance amount under subparagraph (A) of this paragraph, the department may adjust the amount of any periodic payment made after the date of the modification to properly take into account the amount by which any periodic payment made before the date was greater than or less than the amount that the payment would have been on the basis of the annual advance amount as so modified. (d) If information contained in the taxpayers tax return for the reference tax year does not establish the eligibility status of the taxpayer under ORS