Collection of Property Taxes
ORS
311.505
Due dates
- interest on late payments
- discounts on early payments
(1)
Except as provided in subsection (6) of this section, all taxes and other charges due from the taxpayer or property, levied or imposed and charged on the latest tax roll, shall be paid as follows:(a)
The first one-third on or before November 15;(b)
The second one-third on or before February 15; and(c)
The remaining one-third on or before May 15 next following.(2)
Interest shall begin to accrue, and shall be collected, at the rate of one and one-third percent per month, or fraction of a month, until paid, on any taxes on property, other charges, and on any additional taxes or penalty imposed for disqualification of property for special assessment or exemption, or installment thereof not paid on or before the following dates:(a)
December 15, for the first one-third;(b)
February 15, for the second one-third; and(c)
May 15 next following, for the remaining one-third.(3)
Discounts shall be allowed on partial or full payments of such taxes, made on or before November 15 as follows:(a)
Two percent on two-thirds of such taxes so paid.(b)
Three percent where all of such taxes are so paid.(4)
For purposes of this section, “taxes” includes all taxes on property as defined in ORS 310.140 (Legislative findings) and certified to the assessor under ORS 310.060 (Notice certifying taxes) except taxes assessed on any other property which have by any means become a lien against the property for which the payment was made.(5)
All interest collected and all discounts allowed shall be prorated to the several municipal corporations, taxing districts and governmental agencies sharing in the taxes or assessments.(6)
If the total property tax is less than $40, no installment payment of taxes shall be allowed. [Amended by 1953 c.49 §2; 1957 c.543 §1; 1965 c.344 §26; 1973 c.142 §1; 1975 c.704 §2; 1979 c.241 §9; 1979 c.703 §§1,3; 1987 c.529 §2; 1991 c.459 §252; 1997 c.819 §17; 1999 c.701 §1; 2021 c.548 §1](2)
Interest shall be charged and collected on any taxes on property, other charges, and on any additional taxes or penalty imposed for disqualification of property for special assessment or exemption, or installment thereof not paid when due, at the rate of one and one-third percent per month, or fraction of a month until paid.(3)
Discounts shall be allowed on partial or full payments of such taxes, made on or before November 15 as follows:(a)
Two percent on two-thirds of such taxes so paid.(b)
Three percent where all of such taxes are so paid.(4)
For purposes of this section, “taxes” includes all taxes on property as defined in ORS 310.140 (Legislative findings) and certified to the assessor under ORS 310.060 (Notice certifying taxes) except taxes assessed on any other property which have by any means become a lien against the property for which the payment was made.(5)
All interest collected and all discounts allowed shall be prorated to the several municipal corporations, taxing districts and governmental agencies sharing in the taxes or assessments.(6)
If the total property tax is less than $40, no installment payment of taxes shall be allowed.(2)
An ordinance or resolution adopted pursuant to this section shall apply only:(a)
For the property tax year beginning on July 1, 2020;(b)
To interest imposed with respect to ad valorem property taxes imposed on real property used in a taxpayer’s business;(c)
To the real property used in the taxpayer’s business, provided there were no uncontested delinquent property taxes on the property outstanding as of February 15, 2020; and(d)
To delinquencies that are substantially due to the effects of the COVID-19 pandemic or the 2020 Oregon fire season.(3)
For purposes of this section, a property tax delinquency is substantially due to the effects of the COVID-19 pandemic or the 2020 Oregon fire season if:(a)
The business conducted on the real property was at any time subject to shutdown orders related to the declaration of a state of emergency issued by the Governor on March 8, 2020, and any extension of the declaration;(b)
At least 25 percent of the lease income owed to the taxpayer under contract for the real property is in arrears;(c)
The business revenue attributable to the use of the property for any quarter of calendar year 2020 is at least 25 percent less than the business revenue attributable to the use of the real property for the same quarter of calendar year 2019; or(d)
The real market value of the real property has been reduced due to wildfire, if the governing body of the county has determined that the county in which the real property is located was impacted by the 2020 Oregon fire season.(4)
(a)
Within 90 days following the effective date of an ordinance or resolution adopted pursuant to this section, the governing body of the county shall, upon application of a taxpayer, determine whether to waive the interest imposed with respect to the taxpayer’s property.(b)
If the governing body’s determination under this subsection is positive, the interest shall be waived upon payment of the property taxes eligible for the waiver.(c)
A governing body’s negative determination under this subsection may be appealed in a hearing process set forth in the ordinance or resolution adopted pursuant to this section.(5)
Not later than June 30, 2022, the governing body of a county that adopts an ordinance or resolution pursuant to this section shall provide to the Legislative Revenue Officer a report that includes, at a minimum, findings and a statement of the financial impact of the waiver of interest on the county. [2021 c.452 §1]Notes of Decisions
Any fraction of a month during which tax is delinquent is to be rounded up to a full month in computing the amount of interest owed. Parr v. Dept. of Rev., 276 Or 113, 553 P2d 1051 (1976)
Water district corporation assessments collected under ORS 554.130 are not “taxes” and play no part in property tax discount determination. Miller v. Dept. of Revenue, 14 OTR 176 (1997), aff’d 326 Or 527, 953 P2d 72 (1998)
Attorney General Opinions
Power of irrigation district which has elected to collect its own assessments to charge interest on delinquent water use assessments, (1979) Vol 39, p 778