OAR 150-308-0040
Standards for Imposition, Waiver, and Reduction of Penalty on Utilities and Designated Companies Assessed by the Department. Imposition of Penalty for Failure to File a Timely or Complete Return

(1)

The department may impose a penalty under ORS 308.030 (Penalty for failure to file certain statements within time limits) whenever an annual statement is not filed within the time fixed for filing an annual statement or by the approved extension date, or an incomplete annual statement is filed.

(a)

The annual statement packets that are mailed to the taxpayer contain cover letters which specify the information that the taxpayer must include in the annual statement the taxpayer submits to the department. If a taxpayer submits an incomplete annual statement, the department will return it to the taxpayer with a notice stating the information that is required for the annual statement to be considered complete. A complete annual statement must be refiled within 14 days from the date on the notice of the incomplete filing.

(b)

The taxpayer may be subject to a late-filing penalty under ORS 308.030 (Penalty for failure to file certain statements within time limits) if the complete annual statement is not filed by the later of the original due date, the approved extension date, or 14 days from the date on the notice of the incomplete filing. Taxpayer Request for Waiver or Reduction

(2)

Taxpayers who object to a late-filing penalty imposed under ORS 308.030 (Penalty for failure to file certain statements within time limits) for late filing of an annual statement may request that the penalty be waived or reduced. The director of the department will consider all requests to waive or reduce late-filing penalties imposed under ORS 308.030 (Penalty for failure to file certain statements within time limits) consistent with this rule.

(3)

The request for waiver or reduction of a late-filing penalty must be in writing and must be signed by the taxpayer, an officer of the taxpayer, or an authorized representative of the taxpayer.

(4)

The taxpayer may file a request for waiver or reduction of the late-filing penalty at any time after the taxpayer is subject to the late-filing penalty, but must be received by the department no later than July 31, of the year in which the director reviews the assessment roll for the year of delinquency.

(5)

The request for waiver or reduction of a late-filing penalty must contain all the facts showing that one or more of the following factors for waiver or reduction of the late-filing penalty apply:

(a)

The actions of the taxpayer resulted in the imposition of a penalty which constituted a first-time offense on the part of the taxpayer.

(b)

Good and sufficient cause, as defined in ORS 305.288 (Valuation changes for residential property substantial value error or for good and sufficient cause)(5)(b), exists for a taxpayer’s failure to file the annual statement required by law within the time fixed for filing or the approved extension date.

(6)

Examples of situations the director may accept as good and sufficient cause for the late filing of an annual statement include:

(a)

The delay was caused by the death or serious illness of the person who is solely responsible for filing the annual statement, or death or serious illness in that person’s immediate family.

(b)

The delay was caused by the unavoidable and unforeseen absence of the person who is solely responsible for filing the annual statement prior to the due date of the annual statement.

(c)

The delay occurred because the taxpayer did not receive the annual statement packet mailed by the department to the taxpayer’s last-known address, which was not the taxpayer’s current address. The annual statement packet was returned to the department, remailed to a new address, and the taxpayer responded within the extended filing time.

(d)

The delay was caused by the destruction by fire, natural disaster or other casualty of the taxpayer’s records needed to prepare the annual statement.

(7)

Examples of situations the director may not accept as good and sufficient cause for the late filing of the annual statement include:

(a)

The delay was due to the taxpayer’s reliance upon an individual (e.g., an accountant) to prepare the annual statement on time. The taxpayer has an affirmative duty to file timely.

(b)

The delay was the result of personnel changes within the taxpayer’s organization.

(c)

For private railroad companies, the delay was the result of railroads not providing necessary mileage reports prior to the filing deadline or the approved extension date.

(8)

The director will use the following guidelines when considering a request to waive or reduce a late-filing penalty.

(a)

Non-filers No waiver of late-filing penalty.

(b)

Filing delinquency 1–5 days: 6–30 days: Over 30 days.

(A)

First time offense for late-filing: Waive: Waive: Waive.

(B)

Good and sufficient cause established: Waive: Reduce 75%: No Waiver

(c)

Promote long-term effectiveness and efficiency

(A)

First delinquency in rolling three years: Waive: Reduce 75%: No Waiver

(B)

Second delinquency in rolling three years Reduce 75%: Reduce 50%: No Waiver

(C)

Third delinquency in rolling three years: No Waiver: No Waiver: No Waiver

(d)

Days late are calculated from the later of the original due date or the approved extension date. If no delinquency has occurred within the preceding three years, any request for waiver or reduction may be considered the same as a “first delinquency in rolling three years.” If a taxpayer has been subject to a late-filing penalty at any time within the preceding three years, a second delinquency will be considered a “second delinquency in rolling three years,” even if a delinquency did not occur in the intervening year.

Source: Rule 150-308-0040 — Standards for Imposition, Waiver, and Reduction of Penalty on Utilities and Designated Companies Assessed by the Department. Imposition of Penalty for Failure to File a Timely or Complete Return, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=150-308-0040.

150–308–0010
Continuing Education Requirements for Registered Appraisers, Waiver of those Requirements, and Revocation of Registrations 150–308–0020
Revocation of Appraiser Registration 150–308–0030
Appraiser Trainee Program 150–308–0040
Standards for Imposition, Waiver, and Reduction of Penalty on Utilities and Designated Companies Assessed by the Department. Imposition of Penalty for Failure to File a Timely or Complete Return 150–308–0050
Continuing Education Requirements for Assessors 150–308–0060
Continuing Education Requirement for Appraisal Managers in County Assessment Offices 150–308–0070
Qualifications of Managerial Employees of the Assessor’s Office 150–308–0080
Taxable Personal Property Whose Temporary Situs Is in the State of Oregon 150–308–0090
Billboards as Real Property 150–308–0100
Determining Maximum Assessed Value when the Property Class is Changed 150–308–0110
Reduction of Maximum Assessed Value (MAV) for Property Destroyed or Damaged by Fire or Act of God 150–308–0120
Reduction of Maximum Assessed Value (MAV) When a Building is Demolished or Removed 150–308–0130
Definitions 150–308–0140
Computation of Changed Property Ratio for Centrally Assessed Property 150–308–0150
Net Capitalized Additions 150–308–0160
Minor Construction 150–308–0170
Establishing a Changed Property Ratio 150–308–0180
Definition of Affected 150–308–0190
Subdivided and Partitioned Property MAV 150–308–0200
Rezoned Property — Calculating Maximum Assessed Value (MAV) 150–308–0210
Omitted Property—Allocating Maximum Assessed Value (MAV) 150–308–0220
Exemption, Partial Exemption or Special Assessment Disqualification — Allocating MAV 150–308–0230
Calculation of Maximum Assessed Value (MAV) for Lot Line Adjustments 150–308–0240
Real Property Valuation for Tax Purposes 150–308–0245
Partial Exemptions and Special Assessments of Land 150–308–0250
Derivation of Capital Structure and Discount Rates for Valuing Industrial Properties and Department-Assessed Properties 150–308–0260
Industrial Property Valuation for Tax Purposes 150–308–0270
Valuation of Contaminated Property 150–308–0280
Measuring Functional Obsolescence in Industrial Property 150–308–0290
Effective Tax Rate 150–308–0300
Valuation Review of State-appraised Industrial Property. 150–308–0310
Real Market Value and Property Classification as Part of Assessment Roll 150–308–0320
Property With Multiple Leases Assessed as One Parcel 150–308–0330
Contents of Assessment Roll for Condominiums 150–308–0340
Printout or Microfiche Required When Assessment and Tax Rolls do not Constitute a Written Record 150–308–0350
Filing Requirements for Certain Delayed Annexations by Cities 150–308–0355
Filing Requirements for Boundary Changes 150–308–0360
Appraisals of Real Property by Registered Appraisers 150–308–0370
Determining Taxable Value for Assessment Charges on Property Exempt from Taxation 150–308–0380
Appraisal of Real Property 150–308–0390
Agricultural Land Devoted to Agricultural Purposes 150–308–0400
Stipulation Procedures 150–308–0410
Cancellation of Personal Property Assessments 150–308–0420
Exemption of Watercraft Undergoing Repairs 150–308–0430
Valuation of New Construction 150–308–0440
Confidentiality — Returns of Taxable Property 150–308–0450
Industrial Property Returns — Incomplete Returns and Late Filing Penalties 150–308–0470
County Contractors Having Access to Confidential Records 150–308–0480
Confidentiality of Property Tax Information for Centrally Assessed Companies 150–308–0490
Appraisal and Valuation of Industrial Plants 150–308–0500
Confidentiality of Industrial Plant Information 150–308–0510
Definition of Destroyed or Damaged 150–308–0520
Valuation of Nonprofit Homes for the Elderly 150–308–0530
Defining “Communication Services” 150–308–0540
Assessment of Properties of Designated Utilities and Companies by Department of Revenue 150–308–0550
Property Used for Guide Service 150–308–0560
Confidentiality of Appraisals of Designated Utilities and Companies by Department of Revenue 150–308–0570
Computation of Changed Property Ratio for Centrally Assessed Property 150–308–0580
Allocation of Mobile Aircraft Property Value 150–308–0585
Procedure for Determining Oregon Property Value for Private Railroad Car Companies 150–308–0590
Allocation of Centrally Assessed Electric Company Property Value 150–308–0595
Allocation of Centrally Assessed Gas Distribution Company Property Value 150–308–0600
Allocation of Centrally Assessed Pipeline Company Property Value 150–308–0605
Allocation of Centrally Assessed Railroad Company Property Value 150–308–0610
Allocation of Centrally Assessed Communication Company Property Value 150–308–0615
Allocation of Centrally Assessed Water Transportation Company Property Value 150–308–0660
Unit Valuation of Centrally Assessed Properties 150–308–0670
Contents of the Utility Assessment Roll 150–308–0680
Contents of Department’s Journal 150–308–0690
Centrally Assessed Property — Appraisal Guidelines 150–308–0695
Removal of Certain Elected Exempt Property from Correlated System Real Market Value of Centrally Assessed Property 150–308–0700
Qualification of Property for Special Assessment as Government Restricted Multiunit Rental Housing 150–308–0710
Application and Election Process for Government Restricted Multiunit Rental Housing 150–308–0720
Special Assessment of Government Restricted Multiunit Rental Housing Property 150–308–0730
Special Assessment Disqualification Process 150–308–0740
Process for Voluntary Disqualification from Special Assessment Program and Subsequent Application 150–308–0750
Payment of Taxes on Manufactured Structure That Allows Change from Real Property to Personal Property Status 150–308–0760
Manufactured Structure Classified as Real or Personal Property 150–308–0770
Real and Personal Manufactured Dwellings to be Assessed in Like Manner 150–308–1010
Farm Use Definitions, Inactivity Due to Illness, and Description of Lands in Non-Exclusive Farm Use 150–308–1020
Disposal by donation to a local food bank or school 150–308–1030
Assessment of Farmlands Within Exclusive Farm Use (EFU) Zones 150–308–1040
Assessment of Farmlands Outside of Exclusive Farm Use (EFU) Zones 150–308–1050
Gross Income Requirement 150–308–1060
Wasteland 150–308–1070
Acquired Land as Part of Farming Unit 150–308–1080
Valuation of Certain Agricultural Land to Reflect Value for Farm Use Only 150–308–1090
Calculation of MSAV When SAV Soil Classification is Changed 150–308–1100
Disqualification of Exclusive Farm Use Farmland 150–308–1110
Disqualification of Non-Exclusive Farm Use (Non-EFU) Farmland 150–308–1120
Definition of Specially Assessed Homesites 150–308–1130
Application for Specially Assessed Homesite 150–308–1140
Qualified Specially Assessed Homesite Valuation 150–308–1150
Ratio Calculation for Open Space Lands 150–308–1500
Additional Tax Calculation and When to Impose Additional Tax 150–308–1510
No Additional Tax 150–308–1520
Deferred Additional Tax (ORS 308A.706) 150–308–1530
Disqualification Notification Procedures
Last Updated

Jun. 8, 2021

Rule 150-308-0040’s source at or​.us