(1) Except as provided in subsection (2) of this section, interest may not be paid upon any tax refunds made under ORS 311.806.
(2) Interest as provided in subsection (3) of this section shall be paid on the following refunds:
(a) A refund resulting from the correction under ORS 308.242 (2) or (3) or 311.205 of an error made by the assessor, Department of Revenue or tax collector.
(b) A refund resulting from a written stipulation of the county assessor or the county tax collector if the written stipulation constitutes a final determination that is not subject to appeal.
(c) Any refund ordered by the Department of Revenue if no appeal is taken or can be taken from the department’s order.
(d) Refunds ordered by the Oregon Tax Court or the Supreme Court if the order constitutes a final determination of the matter.
(e) Refunds of taxes collected against real or personal property not within the jurisdiction of the tax levying body.
(f) Refunds due to reductions in value ordered by a county board of property tax appeals where no appeal is taken.
(g) Refunds due to reductions in value made pursuant to ORS 309.115.
(h) Refunds due to a claim for a war veteran’s exemption for a prior tax year that is filed pursuant to ORS 307.262.
(3)(a) The interest provided by subsection (2) of this section shall be paid at the rate of one percent per month, or fraction of a month, computed from the time the tax was paid or from the time the first installment thereof was due, whichever is the later. If a discount is given at the time the taxes are paid, interest shall be computed only on the net amount of taxes to be refunded. If any portion of a refund described in subsection (2) of this section results from an assessment based on inaccurate information contained in a report filed by a taxpayer, interest shall be computed on only the portion of the refund that is not attributable to the inaccurate information contained in the taxpayer report.
(b) As used in this subsection, “report” means a return, statement or any other information provided by a taxpayer in writing to the department or county assessor. [1971 c.737 §2; 1975 c.704 §4; 1977 c.606 §3; 1981 c.804 §89a; 1983 s.s. c.5 §22; 1993 c.270 §61; 1995 c.79 §151; 1995 c.226 §13; 1997 c.541 §298; 1999 c.862 §5; 2001 c.199 §4; 2005 c.394 §2; 2007 c.545 §1; 2007 c.590 §3]
Note: Section 2, chapter 545, Oregon Laws 2007, provides:
Sec. 2. The amendments to ORS 311.812 by section 1 of this 2007 Act apply to refunds for tax years beginning on or after July 1, 2007, and to refunds from appeals filed on or after July 1, 2007. [2007 c.545 §2]Section: Previous 311.800 311.804 311.805 311.806 311.807 311.808 311.810 311.812 311.813 311.814 311.815 311.820 311.821 311.825 311.827 Next
Last modified: August 7, 2008