ORS 315.276
Quarterly payments based on annual advance amount
(1)
The Department of Revenue shall establish by rule a program for making quarterly payments to taxpayers that, in the aggregate during any calendar year, equal the annual advance amount determined under subsection (2) of this section with respect to a taxpayer for the calendar year. Except as provided in subsection (2)(c)(B) of this section, the periodic payments made to any taxpayer for any calendar year shall be in equal amounts. Quarterly payments under this section may be made only to taxpayers confirmed by the department to be Oregon residents.(2)
Intentionally left blank —Ed.(a)
Except as otherwise provided in this subsection, the annual advance amount applicable to a taxpayer for any calendar year shall be calculated as 50 percent of the amount that would be allowed under ORS 315.273 (Qualifying child of taxpayer) for the tax year beginning in that calendar year assuming the following conditions:(A)
The status of the taxpayer as eligible for the credit allowed under ORS 315.273 (Qualifying child of taxpayer) is determined with respect to the reference tax year;(B)
The taxpayer’s modified adjusted gross income for the tax year is equal to the taxpayer’s modified adjusted gross income for the reference tax year;(C)
The only children of the taxpayer for the tax year are qualifying children properly claimed on the taxpayer’s tax return for the reference tax year; and(D)
The ages of the taxpayer’s children and the status of the children as qualifying children are determined for the tax year by taking into account the passage of time since the reference tax year.(b)
Except as provided in paragraph (c)(A) of this subsection, the taxpayer’s reference tax year shall be determined, with respect to any taxpayer for any calendar year, the taxpayer’s tax year beginning in the preceding calendar year or, in the case of taxpayer who did not file a tax return for the tax year, the taxpayer’s tax year beginning in the second preceding calendar year.(c)
Intentionally left blank —Ed.(A)
The department may modify, during any calendar year, the annual advance amount with respect to any taxpayer for the calendar year to take into account:(i)
A tax return filed by the taxpayer during the calendar year and the tax year to which the return relates may be taken into account as the reference tax year; and(ii)
Any other information provided by the taxpayer to the department or otherwise available to the department that allows the department to determine payments under paragraph (a) of this subsection that, in the aggregate during any tax year of the taxpayer, more closely total the department’s estimate of the amount treated as allowed under ORS 315.273 (Qualifying child of taxpayer) for the tax year of the taxpayer.(B)
In the case of any modification of the annual advance amount under subparagraph (A) of this paragraph, the department may adjust the amount of any periodic payment made after the date of the modification to properly take into account the amount by which any periodic payment made before the date was greater than or less than the amount that the payment would have been on the basis of the annual advance amount as so modified.(d)
If information contained in the taxpayer’s tax return for the reference tax year does not establish the eligibility status of the taxpayer under ORS 315.273 (Qualifying child of taxpayer), the department shall, for purposes of paragraph (a)(A) of this subsection, determine the status based on information known to the department.(e)
A child shall not be taken into account in determining the annual advance amount under paragraph (a) of this subsection if the death of the child is known to the department as of the beginning of the calendar year for which the estimate under paragraph (a) of this subsection is made.(3)
The department shall establish a system that allows taxpayers to:(a)
Elect not to receive payments under this section; and(b)
Provide information to the department which would be relevant to a modification under subsection (2)(c)(A) of this section of the annual advance amount, including information regarding:(A)
A change in the number of the taxpayer’s qualifying children, including by reason of the birth of a child;(B)
A change in the taxpayer’s marital status;(C)
A significant change in the taxpayer’s income; and(D)
Any other factor which the department may consider.(4)
Not later than January 31 of the calendar year following any calendar year during which the department makes one or more payments to any taxpayer under this section, the department shall provide the taxpayer with a written notice of the aggregate amount of the payments made under this section to the taxpayer during the calendar year, and other information as the department determines appropriate.(5)
A quarterly payment under this section may not be made if the amount of the quarterly payment is calculated to be less than $25. [2023 c.538 §3]
Source:
Section 315.276 — Quarterly payments based on annual advance amount, https://www.oregonlegislature.gov/bills_laws/ors/ors315.html.
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