Civil penalty for failure to file return for three consecutive years
(1) If any returns required to be filed under ORS 320.400 (Definitions for ORS 320.400 to 320.490 and 803.203) to 320.490 (Local government motor vehicle tax moratorium), 475B.700 (Definitions for ORS 475B.700 to 475B.760) to 475B.760 (Suspense account) or 803.203 (Proof of payment of taxes) or ORS chapter 118, 314, 316, 317, 318, 321 or 323 or under a local tax administered by the Department of Revenue under ORS 305.620 (Collection and distribution of local taxes on income and sales) are not filed for three consecutive years by the due date (including extensions) of the return required for the third consecutive year, there shall be a penalty for each year of 100 percent of the tax liability determined after credits and prepayments for each such year.
(2) The penalty imposed under this section is in addition to any other penalty imposed by law. However, the total amount of penalties imposed for any taxable year under this section, ORS 305.265 (Deficiency notice) (13), 314.400 (Penalty for failure to file report or return or to pay tax when due), 323.403 (Application of other statutes), 323.585 (Penalty and interest for failure to pay tax or timely file return) or 475B.755 (Applicability of tax laws to ORS 475B.700 to 475B.760) may not exceed 100 percent of the tax liability. [1987 c.843 §3; 1997 c.99 §51; 1999 c.62 §22; 2015 c.699 §17; 2017 c.750 §115]
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