Returns
- personal property
- exception
- real property
- combined real and personal returns for industrial property
- confidentiality and disclosure
- lessor-lessee elections
- rules
Amended by SB 1559
Effective since June 3, 2022
Relating to the taxation of floating homes; creating new provisions; amending ORS 308.250, 308.290 and 308.875; and prescribing an effective date.
Source:
Section 308.290 — Returns; personal property; exception; real property; combined real and personal returns for industrial property; confidentiality and disclosure; lessor-lessee elections; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors308.html.
Notes of Decisions
The Department of Revenue is estopped to deny the taxpayer the right to change his election of the “current value of goods” method of assessment to the “average-inventory” method where the forms provided by the department failed to adequately advise the taxpayer of the right to elect the latter method. Uniroyal v. Dept. of Rev., 5 OTR 29 (1972)
This section contemplates that taxpayer may fail to file a return and imposes duty on assessor of listing and evaluating property from best information attainable from other sources. Liquid Air Inc. v. Dept. of Rev., 8 OTR 159 (1979)
Where taxpayer failed to file personal property return and assessor sent notice listing and evaluating property, which taxpayer reasonably assumed included free port exemption, assessor was estopped from asserting hardship application deadline under ORS 307.475 to preclude taxpayer’s later exemption claim. Liquid Air Inc. v. Dept. of Rev., 8 OTR 159 (1979)
On appeal from Revenue Department’s order to produce records for inspection, where taxpayer’s principal objection was that disclosure of documents to competitors would be detrimental but no evidence was presented that taxpayer was not protected by secrecy requirement of this section, taxpayer was required to comply with order. In re Willamette Industries, Inc., 8 OTR 324 (1980)
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