Statute Text
was 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 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 OR