ORS 316.801
Addition for certain amounts withdrawn
- penalty
- exceptions
(1)
There shall be added to federal taxable income the amount of funds a taxpayer withdraws from a first-time home buyer savings account established under ORS 316.797 (First-time home buyer savings account), if:(a)
Those funds were used for a purpose other than eligible costs;(b)
In this tax year or a previous tax year, those funds were subtracted or exempted from federal taxable income under ORS 316.798 (Subtraction for contributions); and(c)
Those funds were not deposited into another first-time home buyer savings account held by the taxpayer.(2)
There shall be added to federal taxable income the amount of funds a taxpayer holds in a first-time home buyer savings account not expended on eligible costs by December 31 of the last year of the 10-year period described under ORS 316.798 (Subtraction for contributions) (3) if in a previous tax year those funds were subtracted or exempted from federal taxable income under ORS 316.798 (Subtraction for contributions).(3)
The Department of Revenue shall assess a penalty against the taxpayer in the amount of five percent of the funds withdrawn from a taxpayer’s first-time home buyer savings account, if:(a)
The withdrawal of funds occurs during the 10-year period set forth in ORS 316.798 (Subtraction for contributions) (3); and(b)
The withdrawn funds are not used for eligible costs or deposited into another first-time home buyer savings account held by the taxpayer.(4)
The penalty described in subsection (3) of this section does not apply to any funds withdrawn from a first-time home buyer savings account of:(a)
A taxpayer who is deceased;(b)
A taxpayer who has filed for protection under the United States Bankruptcy Code (11 U.S.C. 101 et seq.); or(c)
A taxpayer whose loss of use or function of any portion of the body permanently incapacitates the taxpayer from regularly performing work at a gainful and suitable occupation. [2018 c.109 §7]
Source:
Section 316.801 — Addition for certain amounts withdrawn; penalty; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors316.html
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