20 chapters · 1,901 sections in this title.
ORS 305.460 Salary, expenses, disability and retirement of judge and magistrates
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(1) The judge of the tax court shall receive such salary as is provided by law. The presiding magistrate and magistrates of the tax court shall receive such salary as is fixed under the personnel plan established by the Chief Justice of the Supreme Court pursuant to ORS 1.008. Th…
ORS 305.470 Presiding judge; functions
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Whenever more than one judge is serving as a judge of the tax court, the judge elected or appointed under ORS 305.452 shall be the presiding judge. The presiding judge shall assign causes, matters and proceedings and apportion the business of the tax court. [1961 c.533 §7; 1981 s…
ORS 305.475 Offices of tax court; location of hearings
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The principal office of the tax court shall be in the state capital, but the court may hold hearings in any location designated under ORS 1.085. The county court or board of county commissioners, upon request of the judge of the tax court, shall provide the court with suitable ro…
ORS 305.480 State Court Administrator as administrator and clerk; other personnel; expenses; limitation on activities of personnel
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(1) The State Court Administrator shall act as court administrator for the tax court. Other necessary employees of the court shall be appointed and otherwise governed by applicable provisions of the personnel plan for employees of the courts of this state who are state employees.…
ORS 305.485 Records
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(1) The records of the tax court shall include a register, journal and fee book. (2) The register is a book wherein the clerk shall enter, by its title, every suit or proceeding commenced in, or transferred or appealed to, the tax court, according to the date of its commencement,…
ORS 305.487 Findings and policy
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(1) The Legislative Assembly finds that: (a) Industrial property that is appraised by the Department of Revenue under ORS 306.126 and property that is centrally assessed by the department under ORS 308.505 to 308.674 involve large amounts of property value and complex appraisal i…
ORS 305.489 Considerations in adopting rules
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The Department of Revenue shall consider the findings and declarations of the Legislative Assembly under ORS 305.487 when adopting administrative rules related to appeals to the Oregon Tax Court of the value of state-appraised industrial property or centrally assessed property, i…
ORS 305.490 Filing fees; fee waiver or deferral; recovery of certain costs and disbursements; additional recovery for certain taxpayers; disposition of receipts
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(1) Plaintiffs or petitioners filing a complaint or petition in the tax court shall pay, at the time of filing for each complaint or petition, a filing fee as follows: (a) For a complaint or petition in the magistrate division, $50. (b) For a complaint or petition in the regular …
ORS 305.492 Fees and expenses of witnesses
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Any witness subpoenaed or whose deposition is taken shall receive the fees and mileage provided for witnesses in ORS 44.415 (2). Witnesses for the state or its political subdivisions shall be paid from moneys appropriated therefor. Payment of fees and mileage to other witnesses s…
ORS 305.493 Fees for transcripts or copies of records
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(1) The judge of the tax court elected or appointed under ORS 305.452 may establish a fee for comparing, or for preparing and comparing, a transcript of the record. The fee established under this subsection may not exceed the fees charged and collected by the clerks of the circui…
ORS 305.494 When shareholder may represent corporation in tax court proceedings
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Notwithstanding ORS 9.320, any shareholder of an S corporation as defined in section 1361 of the Internal Revenue Code, as amended and in effect on December 31, 2023, may represent the corporation in any proceeding before the Oregon Tax Court in the same manner as if the sharehol…
ORS 305.498 Magistrates; appointment; qualifications; oaths; duties; dismissal; appointment of presiding magistrate
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(1) The magistrate division is established in the Oregon Tax Court. The judge of the tax court shall appoint one or more individuals to sit as magistrates of the magistrate division at locations within the state as the judge shall determine. (2) An individual who is appointed as …
ORS 305.501 Appeals to tax court to be heard by magistrate division; exception; mediation; conduct of hearings; decisions; appeal de novo to tax court judge
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(1) Except as provided in subsection (2) of this section, an appeal to the tax court shall be heard by a tax court magistrate unless specially designated by the tax court judge for hearing in the regular division. In any matter arising under the property tax laws and involving a …
ORS 305.505 Magistrate division records; statistical reports
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(1) The records of the tax court magistrate division shall include information as to the dates cases are filed and the dates decisions are issued. (2) At the time of preparation biennially of consolidated budgets for submission to the Legislative Assembly under ORS 8.125, the Sta…
ORS 305.525 Notice to taxpayer of right to appeal
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At the same time that a notice of assessment, letter of refund denial or determination or an order of the property value appeals board is given to any taxpayer, the Department of Revenue or property value appeals board, as the case may be, shall in writing also notify the taxpaye…
ORS 305.560 Appeals procedure generally; procedure when taxpayer is not appellant; intervention
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(1)(a) Except for an order, or portion thereof, denying the discretionary waiver of penalty or interest by the Department of Revenue or, for a tax described in ORS 305.410 (3), by a local governments tax administrator, an appeal under ORS 305.275 may be taken by filing a complai…
ORS 305.565 Stay of collection of taxes, interest and penalties pending appeal; exception; bond
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(1) Except as provided in subsection (2) of this section, proceedings for the collection of any taxes, interest or penalties resulting from an assessment of additional taxes imposed under the tax laws of this state and administered by the Department of Revenue or imposed under a …
ORS 305.570 Standing to appeal to regular division of tax court; perfection of appeal
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(1)(a) Any person, including a county assessor, county tax collector or, for a tax described in ORS 305.410 (3), a local governments tax administrator, aggrieved by and affected by a written decision of a tax court magistrate issued under ORS 305.501, or any person seeking a rem…
ORS 305.575 Authority of tax court to determine deficiency
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In an appeal to the Oregon Tax Court from an assessment made under ORS 305.265, the tax court has jurisdiction to determine the correct amount of deficiency, even if the amount so determined is greater or less than the amount of the assessment determined by the Department of Reve…
ORS 305.580 Exclusive remedies for certain determinations; priority of petitions
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(1) The provisions of ORS 305.583, 305.585, 305.587 and 305.589 shall provide the exclusive remedy for determination of questions concerning: (a) The effect of the limits of section 11b, Article XI of the Oregon Constitution on taxes, fees, charges and assessments of units of gov…
ORS 305.583 Interested taxpayer petitions for certain determinations; petition contents; manner and time for filing; classification notice requirements; bond proceed use notice requirements
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(1) An interested taxpayer may petition the regular division of the Oregon Tax Court to determine a question described in ORS 305.580. (2)(a) For purposes of this section and a question described in ORS 305.580 (1)(a), interested taxpayer means a person that is subject to the t…
ORS 305.585 Local government petitions concerning taxes of another local government under 1990 Measure 5; manner and time for filing
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(1) A local government unit may petition the regular division of the Oregon Tax Court to determine whether the limits of section 11b, Article XI of the Oregon Constitution apply to a tax, fee, charge or assessment of another local government unit if the boundaries of both units i…
ORS 305.586 Legislative findings; policy on remedies for misspent bond proceeds
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(1) As used in this section: (a) Capital construction has the meaning given that term in ORS 310.140. (b) Capital costs has the meaning given that term in ORS 310.140. (c) Capital improvements has the meaning given that term in ORS 310.140. (2) The Legislative Assembly find…
ORS 305.587 Tax court findings; orders; refunds; bond measure construction; other relief
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(1) If, in a proceeding commenced under ORS 305.583, the regular division of the Oregon Tax Court finds that a challenged tax, fee, charge or assessment is subject to the limits of section 11 or 11b, Article XI of the Oregon Constitution, the tax court may: (a) Order the governme…
ORS 305.589 Judicial declarations; petition by local government; notice; intervention; appeal; remedies; costs
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(1) A local government unit or an association of local government units acting for the common benefit of and on behalf of consenting members may petition the regular division of the Oregon Tax Court for a judicial declaration of the court concerning a question described in ORS 30…
ORS 305.591 Court determination that 1990 Measure 5 tax limit is inapplicable; collection of tax; appeal; stay denied
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(1) If a court of competent jurisdiction determines that all or any part of section 11b, Article XI of the Oregon Constitution does not apply to a tax on property, the court may order the assessor, tax collector or other appropriate public official to impose or collect that tax w…
ORS 305.605 Application of tax laws within federal areas in state
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Where not inconsistent with the Constitution and laws of the United States, notwithstanding any provision of any other statute of this state, the laws of this state relating to the imposition and collection of taxes shall apply with respect to any property located, any sale, use …
ORS 305.610 Reciprocal recognition of tax liability; actions in other states for Oregon taxes
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(1) The courts of Oregon shall recognize and enforce the liability for taxes lawfully imposed by the laws of any other state which extends a like comity in respect of the liability for taxes lawfully imposed by the laws of this state. The officials of such other state may bring a…
ORS 305.612 Reciprocal offset of tax refunds in payment of liquidated debt or certain amounts payable; rules
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(1) The Director of the Department of Revenue may enter into an intergovernmental reciprocal agreement with the United States Financial Management Service and the Internal Revenue Service for the purpose of engaging in the offset of federal tax refunds or other federal payments i…
ORS 305.615 Apportionment of moneys received from United States in lieu of property taxes
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The Department of Revenue shall apportion annually to the state and counties any moneys received by the state from the United States, or any agency thereof, as payments in lieu of ad valorem property taxes. Such moneys shall be apportioned in the same amounts and to the same gove…
ORS 305.620 Collection and distribution of local taxes on income and sales; costs; court review of determinations and orders; appeals
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(1)(a) Any state agency or department may enter into agreements with any political subdivision of this state for the collection, enforcement, administration and distribution of local taxes of the political subdivision imposed upon or measured by gross or net income, wages or net …
ORS 305.625 State and political subdivisions are employers for purpose of withholding city or county income tax
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If the ordinances of any city or county in this state provide for the collection of an income tax, in whole or in part, by imposing on employers generally the duty of withholding sums from the compensation of individuals employed within the boundaries of the city or county and ma…
ORS 305.630 Compliance with city or county income tax ordinance required
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The head of each branch, department or agency of the government of the State of Oregon or a political subdivision (whether executive, legislative or judicial) shall comply with requirements of such city or county ordinance in the case of employees of such branch, department or ag…
ORS 305.635 Rate of withholding to be designated by city or county; forms
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The city or county shall designate clearly the rate of withholding to be used by the State of Oregon or political subdivision and shall provide forms acceptable to the state or political subdivision to be used in reporting and remitting taxes withheld pursuant to the agreement. […
ORS 305.640 Discrimination among employers prohibited
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Nothing in ORS 305.620 to 305.640 consents to the application of any law that has the effect of imposing more burdensome requirements on the State of Oregon or a political subdivision than it imposes on other employers, or that has the effect of subjecting the State of Oregon or …
ORS 305.645 Department of Revenue to provide services to political subdivisions
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If a political subdivision of this state imposes a tax on or measured by income as determined under ORS chapter 316, 317 or 318, the Department of Revenue shall provide to the political subdivision, at the request of the political subdivision, collection, enforcement, administrat…
ORS 305.653 Multistate Tax Compact
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The Multistate Tax Compact is hereby enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I PURPOSE…
ORS 305.660 Director of department to represent state; alternate
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The Director of the Department of Revenue shall constitute the member of the Multistate Tax Commission who shall represent Oregon on such multistate commission. If, at any time and for any reason, the director is unable to carry out any duty or activity required of a member of th…
ORS 305.665 Appointment of consultants from political subdivisions imposing taxes having multistate impact
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The Governor of Oregon shall appoint one person from the City of Portland, and from time to time one person from any other municipality or political subdivision imposing any tax defined in Article II of the Multistate Tax Compact, to consult regularly with the Director of the Dep…
ORS 305.675 Application of compact provisions relating to interstate audits
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Article VIII of the Multistate Tax Compact relating to interaudits shall be in force in and with respect to this state. [1967 c.242 §6]
ORS 305.676 Mediation and arbitration laws not applicable to Multistate Tax Commission processes
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Any alternative dispute resolution process undertaken under the authority of the Multistate Tax Commission need not comply with and is not subject to ORS chapter 36. [1999 c.224 §6]
ORS 305.685 Multistate Tax Commission Revolving Account
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(1) There is created in the General Fund of the State Treasury the Multistate Tax Commission Revolving Account. Notwithstanding any other law, all moneys received by the Department of Revenue as a result of audits performed by the Multistate Tax Commission shall be deposited in t…
ORS 305.686 Collection and maintenance of self-reported taxpayer demographic data
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(1) The Department of Revenue shall: (a) Ensure that all data collected pursuant to ORS 316.366 is used only for the purposes described in ORS 305.687 and 316.366. (b) Maintain and store data collected pursuant to ORS 316.366 separately from other information provided on tax retu…
ORS 305.687 Use and presentation of demographic data by department
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(1) The Department of Revenue shall use data collected on the data collection schedule required under ORS 316.366 to the extent feasible, to inform: (a) The development of racial impact statements; (b) The analysis of proposed administrative rules and budget requests; and (c) The…
ORS 305.688 Implementation of data collection schedule; rules
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(1) The Department of Revenue shall first attach the data collection schedule required under ORS 316.366 to income tax returns filed for the 2024 tax year. (2) The department shall develop programming and forms for the implementation of the schedule and, by rule, shall adopt poli…
ORS 305.690 Definitions for ORS 305.690 to 305.753
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As used in ORS 305.690 to 305.753, unless the context otherwise requires: (1) Commission means the Oregon Charitable Checkoff Commission. (2) Department means the Department of Revenue. (3) Internal Revenue Code means the federal Internal Revenue Code as amended and in effe…
ORS 305.695 Oregon Charitable Checkoff Commission; qualifications; term; compensation and expenses
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(1) There is created the Oregon Charitable Checkoff Commission, consisting of five voting members appointed by the Governor and, as nonvoting members, one Representative appointed by the Speaker of the House of Representatives and one Senator appointed by the President of the Sen…
ORS 305.700 Officers; meetings; quorum; director as nonvoting member
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(1) The Oregon Charitable Checkoff Commission shall select from its members a chairperson, a vice chairperson and other officers as necessary. The chairperson or vice chairperson shall serve until the expiration of the term of the chairperson or vice chairperson as a member of th…
ORS 305.715 Determination of eligibility; certification of entities to be listed on schedule of tax return
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(1)(a) The Oregon Charitable Checkoff Commission shall determine if a charitable or governmental entity is qualified under ORS 305.720, for the current tax year, to receive contributions by means of checkoff on a schedule of the Oregon individual income tax return, as described u…
ORS 305.720 Qualification for entity for contributions by checkoff; period of eligibility; reapplication
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Subject to ORS 305.745, an entity qualifies to receive contributions by means of checkoff if the entity: (1) Supports private charitable causes or engages in public activities that are consistent with policies and programs of the state and: (a) Checkoff resources are used to augm…