OAR 150-305-0216
Appeal from a Notice of Deficiency: Periods of Limitation
(1)
Date of assessment if taxpayer does not file a timely appeal with the department. If a taxpayer pays a deficiency in full before the department issues a notice of assessment and does not send a timely written objection or request for a conference, the deficiency is considered assessed on the date the deficiency is paid or 30 days from the date of the notice, whichever is later. A taxpayer has 90 days from the date of assessment in which to appeal to the Magistrate Division of the Oregon Tax Court. If a taxpayer does not appeal to the Magistrate Division of the Oregon Tax Court within the 90-day period, the assessment is final, unless the taxpayer appeals under ORS 305.280 (Time for filing appeals)(3) following payment of the tax.(2)
Date of assessment if taxpayer files a timely appeal with the department. If a taxpayer files a timely request for a conference or written objections, the deficiency is not considered assessed until the department sends a written determination of the issues to the taxpayer. Also, if a timely conference request or written objections accompany or follow the payment of a deficiency, the department will not assess the deficiency until it sends a written determination of the issues to the taxpayer. Payment of the deficiency is a credit to the taxpayer’s account. If the balance is zero, the written determination of the issues is considered the notice of assessment.
Source:
Rule 150-305-0216 — Appeal from a Notice of Deficiency: Periods of Limitation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=150-305-0216.