2015 ORS § 308.290¹
- • personal property
- • exception
- • real property
- • combined real and personal returns for industrial property
- • confidentiality and disclosure
- • lessor-lessee elections
- • rules
(1)(a) Except as provided in paragraph (b) of this subsection, every person and the managing agent or officer of any business, firm, corporation or association owning, or having in possession or under control taxable personal property shall make a return of the property for ad valorem tax purposes to the assessor of the county in which the property has its situs for taxation. As between a mortgagor and mortgagee or a lessor and lessee, however, the actual owner and the person in possession may agree between them as to who shall make the return and pay the tax, and the election shall be followed by the person in possession of the roll who has notice of the election. Upon the failure of either party to file a personal property tax return on or before March 15 of any year, both parties shall be jointly and severally subject to the provisions of ORS 308.296 (Penalty for failure to file return reporting only personal property).
(b) Paragraph (a) of this subsection does not apply to personal property exempt from taxation under ORS 307.162 (Claiming exemption).
(2) Every person and the managing agent or officer of any business, firm, corporation or association owning or in possession of taxable real property shall make a return of the property for ad valorem tax purposes when so requested by the assessor of the county in which the property is situated.
(3)(a) Each return of personal property shall contain a full listing of the property and a statement of its real market value, including a separate listing of those items claimed to be exempt as imports or exports. Each statement shall contain a listing of the additions or retirements made since the prior January 1, indicating the book cost and the date of acquisition or retirement. Each return shall contain the name, assumed business name, if any, and address of the owner of the personal property and, if it is a partnership, the name and address of each general partner or, if it is a corporation, the name and address of its registered agent.
(b) Each return of real property shall contain a full listing of the several items or parts of the property specified by the county assessor and a statement exhibiting their real market value. Each return shall contain a listing of the additions and retirements made during the year indicating the book cost, book value of the additions and retirements or the appraised real market value of retirements as specified in the return by the assessor.
(c) There shall be annexed to each return the affidavit or affirmation of the person making the return that the statements contained in the return are true. All returns shall be in a form that the county assessor, with the approval of the Department of Revenue, may prescribe.
(4) All returns shall be filed on or before March 15 of each year.
(5)(a) In lieu of the returns required under subsection (1)(a) or (2) of this section, every person and the managing agent or officer of any business, firm, corporation or association owning or having in possession or under control taxable real and personal property that is state-appraised industrial property as defined in ORS 306.126 (Appraisal of industrial property by department) shall file a combined return of the real and personal property with the Department of Revenue.
(b) The contents and form of the return shall be as prescribed by rule of the department. Any form shall comply with ORS 308.297 (Personal property returns to note penalty for delinquency). Notwithstanding ORS 308.875 (Manufactured structures classified as real or personal property), a manufactured structure that is a part of a state-appraised industrial property shall be included in a combined return.
(c) In order that the county assessor may comply with ORS 308.295 (Penalties for failure to file real property or combined return on time), the department shall provide a list to the assessor of all combined returns that are required to be filed with the department under this subsection but that were not filed on or before the due date.
(d) If the department has delegated appraisal of the state-appraised industrial property to the county assessor under ORS 306.126 (Appraisal of industrial property by department) (3), the department shall notify the person otherwise required to file the combined return under this subsection as soon as practicable after the delegation that the combined return is required to be filed with the assessor.
(e) Notwithstanding subsection (2) of this section, a combined return of real and personal property that is state-appraised industrial property shall be filed with the department on or before March 15 of each year.
(6) A return is not in any respect controlling on the county assessor or on the Department of Revenue in the assessment of any property. On any failure to file the required return, the property shall be listed and assessed from the best information obtainable from other sources.
(7)(a) All returns filed under the provisions of this section and ORS 308.525 (Contents of statement) and 308.810 (Association to file statement) are confidential records of the Department of Revenue or the county assessors office in which the returns are filed or of the office to which the returns are forwarded under paragraph (b) of this subsection.
(b) The assessor or the department may forward any return received in error to the department or the county official responsible for appraising the property described in the return.
(c) Notwithstanding paragraph (a) of this subsection, a return described in paragraph (a) of this subsection may be disclosed to:
(A) The Department of Revenue or its representative;
(B) The representatives of the Secretary of State or to an accountant engaged by a county under ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) to 297.555 (Short title) for the purpose of auditing the countys personal property tax assessment roll (including adjustments to returns made by the Department of Revenue);
(C) The county assessor, the county tax collector, the assessors representative or the tax collectors representative for the purpose of:
(i) Collecting delinquent real or personal property taxes; or
(ii) Correctly reflecting on the tax roll information reported on returns filed by a business operating in more than one county or transferring property between counties in this state during the tax year;
(D) Any reviewing authority to the extent the return being disclosed relates to an appeal brought by a taxpayer;
(E) The Division of Child Support of the Department of Justice or a district attorney to the extent the return being disclosed relates to a case for which the Division of Child Support or the district attorney is providing support enforcement services under ORS 25.080 (Entity primarily responsible for support enforcement services); or
(F) The Legislative Revenue Officer for the purpose of preparation of reports, estimates and analyses required by ORS 173.800 (Appointing authority for Legislative Revenue Officer) to 173.850 (Department of Revenue to provide assistance).
(d) Notwithstanding paragraph (a) of this subsection:
(A) The Department of Revenue may exchange property tax information with the authorized agents of the federal government and the several states on a reciprocal basis, or with county assessors, county tax collectors or authorized representatives of assessors or tax collectors.
(B) Information regarding the valuation of leased property reported on a property return filed by a lessor under this section may be disclosed to the lessee or other person in possession of the property. Information regarding the valuation of leased property reported on a property return filed by a lessee under this section may be disclosed to the lessor of the property.
(8) If the assessed value of any personal property in possession of a lessee is less than the maximum amount of the assessed value of taxable personal property for which ad valorem property taxes may be canceled under ORS 308.250 (Valuation and assessment of personal property) (2)(a), the person in possession of the roll may disregard an election made under subsection (1)(a) of this section and assess the owner or lessor of the property. [Amended by 1953 c.218 §2; 1961 c.683 §2; 1963 c.436 §1; 1965 c.16 §1; 1967 c.50 §1; 1971 c.568 §2; 1971 c.574 §2; 1975 c.789 §12; 1977 c.124 §6; 1977 c.774 §24; 1979 c.286 §14; 1981 c.623 §2; 1981 c.804 §49; 1987 c.312 §3; 1991 c.191 §5; 1991 c.459 §108; 1993 c.726 §56; 1993 c.813 §2; 1995 c.609 §3; 1997 c.154 §30; 1997 c.541 §169; 1997 c.819 §2; 2001 c.479 §2; 2003 c.541 §1; 2005 c.94 §47; 2007 c.226 §1; 2007 c.227 §1; 2007 c.613 §1a; 2007 c.824 §1; 2009 c.455 §2; 2010 c.69 §§3,4; 2011 c.204 §§2,3; 2013 c.205 §2; 2015 c.36 §10; 2015 c.38 §1]
Note: Section 6, chapter 38, Oregon Laws 2015, provides:
Sec. 6. The amendments to ORS 308.250 (Valuation and assessment of personal property), 308.290 (Returns), 308.295 (Penalties for failure to file real property or combined return on time), 308.296 (Penalty for failure to file return reporting only personal property) and 308.300 (Penalty for neglecting to file real property or combined return with intent to evade taxation) by sections 1 to 5 of this 2015 Act apply to returns required to be filed for property tax years beginning on or after July 1, 2016. [2015 c.38 §6]