Required account features
- • rules
(1) Notwithstanding ORS 315.271 (Individual development accounts), a fiduciary organization selected under ORS 458.695 (Selection of fiduciary organizations) may qualify as the recipient of account contributions that qualify the contributor for a tax credit under ORS 315.271 (Individual development accounts) only if the fiduciary organization structures the accounts to have the following features:
(a) The fiduciary organization matches amounts deposited by the account holder according to a formula established by the fiduciary organization. The fiduciary organization shall maintain on deposit in the account not less than $1 nor more than $5 for each $1 deposited by the account holder.
(b) The matching deposits by the fiduciary organization to the individual development account are placed in:
(A) A savings account jointly held by the account holder and the fiduciary organization and requiring the signatures of both for withdrawals;
(B) A savings account that is controlled by the fiduciary organization and is separate from the savings account of the account holder; or
(C) In the case of an account established for the purpose described in ORS 458.685 (Approved purpose of account) (1)(c), a savings network account for higher education under ORS 178.300 (Definitions for ORS 178.300 to 178.360) to 178.360 (Consideration of amounts in accounts for higher education expenses in benefit eligibility determinations), in which the fiduciary organization is the account owner as defined in ORS 178.300 (Definitions for ORS 178.300 to 178.360).
(2) Account holders may not accrue more than $3,000 of matching funds under subsection (1) of this section from state-directed moneys in any 12-month period. A fiduciary organization may designate a lower amount as a limit on annual matching funds. A fiduciary organization shall maintain on deposit sufficient funds to cover the matching deposit agreements for all individual development accounts managed by the organization.
(3) The Housing and Community Services Department shall adopt rules to establish a maximum total amount of state-directed moneys that may be deposited as matching funds into an individual development account.
(4) The Housing and Community Services Department shall provide information to the Department of Revenue about all individual development account contributors that are qualified for a tax credit under ORS 315.271 (Individual development accounts), if required by ORS 315.058 (Agency to provide tax credit approval information to Department of Revenue). [1999 c.1000 §5; 2001 c.648 §5; 2003 c.280 §19; 2007 c.765 §5; 2015 c.843 §21; 2019 c.483 §24]
Note: Section 9, chapter 765, Oregon Laws 2007, provides:
Sec. 9. A credit may not be claimed under ORS 315.271 (Individual development accounts) and 458.690 (Required account features) for tax years beginning on or after January 1, 2022. [2007 c.765 §9; 2015 c.701 §7]
Note: See note under 458.670 (Definitions for ORS 458.670 to 458.700).
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. Currency Information