(1) When in the judgment of the Director of the Employment Department the best interests of the Employment Department are served, the director may:
(a) Waive, reduce or compromise any tax balance of $10 or less;
(b) Retain any tax overpayment of $10 or less; or
(c) Waive, reduce or compromise any part or all of the tax interest and tax penalties provided by this chapter.
(2) The director may determine that the amount of tax, interest and penalty due and unpaid on a delinquent tax account is uncollectible, and write such amount off, if:
(a) The delinquent amount has been reduced to the status of a lien or judgment under the provisions of this chapter and such lien or judgment has expired; or
(b) The taxpayer no longer has an active business in Oregon and has not had an active business within the three most recently completed calendar years, and there is little or no likelihood of recovering the amount due.
(3) In making the determination that an account is uncollectible, the director shall consider, among other factors:
(a) The administrative costs of continued collection efforts in relation to the amount due;
(b) The accessibility of the taxpayer for effective collection actions; and
(c) The taxpayer’s financial condition and ability to pay the amount due, both current and projected.
(4) A record shall be made showing the reasons for waiving, reducing, compromising or writing off amounts under this section. Such record shall be retained for a period of seven years from the date the account was written off. [1969 c.57 §2; 1981 c.5 §5; 1983 c.54 §1]
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