2017 ORS 305.222¹
Determination of interest rate

For purposes of determining the interest rate established under ORS 305.220 (Interest on deficiency, delinquency or refunds):

(1) In the case of a refund of tax ordered by the Oregon Tax Court or the Oregon Supreme Court and arising under any law administered by the Department of Revenue, if the refund is not paid by the department within 60 days after the date of the order, the interest rate provided under ORS 305.220 (Interest on deficiency, delinquency or refunds) shall be four percent greater than the annual interest rate provided under ORS 305.220 (Interest on deficiency, delinquency or refunds), but only with respect to interest periods that begin 61 days after the date the order is entered.

(2)(a) In the case of a notice of assessment pursuant to any law administered by the department, if the deficiency is not paid within 60 days after the date of the notice of assessment, the interest rate provided under ORS 305.220 (Interest on deficiency, delinquency or refunds) shall be four percent greater than the annual interest rate provided under ORS 305.220 (Interest on deficiency, delinquency or refunds), but only for interest periods that begin 61 days after the date of notice of assessment.

(b) In the case of an assessment under ORS 305.265 (Deficiency notice) (12), if the delinquency is not paid within 60 days after the date of the assessment, the interest rate provided under ORS 305.220 (Interest on deficiency, delinquency or refunds) shall be four percent greater than the annual interest rate provided under ORS 305.220 (Interest on deficiency, delinquency or refunds). The increased rate shall apply only for interest periods that begin 61 days after the date of notice of the delinquency.

(3) If the deficiency assessment is appealed to the Oregon Tax Court without prior payment of tax, then notwithstanding subsection (2) of this section, the increased rate of interest shall commence only for interest periods that begin 61 days after the date that the order of the Oregon Tax Court or the Oregon Supreme Court affirming the deficiency is entered. [1987 c.647 §7; 1993 c.726 §2; 1995 c.650 §110; 1997 c.325 §§3,4; 2017 c.278 §4]

Notes of Decisions

Interest rate de­scribed in this sec­tion applies to Forest Products Harvest Tax and Western Oregon Privilege Tax deficiencies for period beyond 60 days’ de­lin­quen­cy. Thomas Creek Lumber and Log Co. v. Dept. of Revenue, 19 OTR 259 (2007), aff’d 344 Or 131, 178 P3d 217 (2008)

Chapter 305

Notes of Decisions

Policy of efficient and effective tax collec­tion makes doctrine of estoppel against govern­ment in tax cases one of rare applica­tion. Pacific Conference v. Dept. of Rev., 7 OTR 429 (1978)

Law Review Cita­tions

9 WLJ 193-260 (1973); 48 WLR 147 (2011)

1 Legislative Counsel Committee, CHAPTER 305—Administration of Revenue and Tax Laws; Appeals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors305.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 305, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano305.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.