ORS 305.796¹
Election to contribute refund to account in Oregon 529 Savings Network
  • rules

(1) A taxpayer may elect to contribute all or a portion of a refund of personal income tax to an account that has been established under ORS 178.335 (Network participation for higher education expenses) by direct deposit to the financial institution managing the account. The amount elected to be contributed by the taxpayer must be at least $25 and may be applied as a contribution only for the tax year in which the refund is issued.

(2) The election shall be made on a form prescribed by the Department of Revenue and filed with the taxpayer’s tax return for the tax year or at such other time and in such other manner as the department may prescribe by rule. The department shall prescribe by rule the maximum number of accounts to which a taxpayer may elect to contribute a portion of the refund.

(3) The election to contribute all or a portion of a refund may not be changed or revoked.

(4) The election to contribute all or a portion of a refund shall be void, and no portion of the refund may be contributed to an account that has been established under ORS 178.335 (Network participation for higher education expenses), if:

(a) The taxpayer’s refund is offset to pay amounts owed by the taxpayer; or

(b) The taxpayer’s refund is less than the total of the following:

(A) The contribution elected in subsection (1) of this section;

(B) Payments of tax as provided in ORS 316.583 (Effect of payment of estimated tax or installment) that accompany the return;

(C) All contributions to charitable and governmental entities designated by means of a checkoff as provided in ORS 305.745 (Inclusion of eligible entities on tax return); and

(D) All contributions to political parties designated by means of a checkoff as provided in ORS 305.754 (Designation of contribution to political party on income tax return). [2011 c.527 §2]

Note: The amendments to 305.796 (Election to contribute refund to account in Oregon 529 Savings Network) by section 2, chapter 316, Oregon Laws 2019, apply to tax returns filed on or after January 1, 2021. See section 4, chapter 316, Oregon Laws 2019. The text that applies to tax returns filed on or after January 1, 2021, is set forth for the user’s convenience.

305.796 (Election to contribute refund to account in Oregon 529 Savings Network). (1) The Department of Revenue shall provide a means by which personal income taxpayers may elect to establish an account under ORS 178.335 (Network participation for higher education expenses) within the Oregon 529 Savings Network in the name of a designated beneficiary.

(2) A taxpayer may elect to contribute all or a portion of a refund of personal income tax to an account that has been established under ORS 178.335 (Network participation for higher education expenses) by direct deposit to the financial institution managing the account. The amount elected to be contributed by the taxpayer must be at least $25 and may be applied as a contribution only for the tax year in which the refund is issued.

(3) The election to contribute all or a portion of a refund shall be made on a form prescribed by the department and filed with the taxpayer’s tax return for the tax year or at such other time and in such other manner as the department may prescribe by rule. The department shall prescribe by rule the maximum number of accounts to which a taxpayer may elect to contribute a portion of the refund.

(4) The election to contribute all or a portion of a refund may not be changed or revoked.

(5) The election to contribute all or a portion of a refund shall be void, and no portion of the refund may be contributed to an account that has been established under ORS 178.335 (Network participation for higher education expenses), if:

(a) The taxpayer’s refund is offset to pay amounts owed by the taxpayer; or

(b) The taxpayer’s refund is less than the total of the following:

(A) The contribution elected in subsection (2) of this section;

(B) Payments of tax as provided in ORS 316.583 (Effect of payment of estimated tax or installment) that accompany the return;

(C) All contributions to charitable and governmental entities designated by means of a checkoff as provided in ORS 305.745 (Inclusion of eligible entities on tax return); and

(D) All contributions to political parties designated by means of a checkoff as provided in ORS 305.754 (Designation of contribution to political party on income tax return).

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 305, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano305.­html (2019) (last ac­cessed May 16, 2020).
 
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.
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