Oregon's tax amnesty
2009 Oregon Tax Amnesty
Frequently Asked Questions (FAQ)
General Information
| Filing for amnesty
| Making amnesty payments
| Other amnesty questions
What is tax amnesty?
Amnesty
is a one-time opportunity to file overdue or amended Oregon tax returns
and pay back taxes with reduced interest charges and without penalty.
What are the benefits of filing under the tax amnesty program?
Applicants
who meet the qualifications and pay the tax they owe (and 50 percent of
the interest) will receive a 100-percent waiver of penalties and a
50-percent waiver of interest.
When will amnesty be available?
The amnesty period is October 1, 2009 to November 19, 2009. You must file an amnesty application during that time.
Who qualifies for amnesty?
Anyone
who hasn’t filed a tax return or who needs to report additional tax but
hasn’t received a failure to file assessment or a notice of deficiency
(from an audit) for a particular tax year. To qualify, you must file
for amnesty on all years you need to report additional tax or haven’t
filed.
What taxes qualify for amnesty?
Any underreported tax or overdue returns for tax years 2007 and earlier for:
- Personal income tax;
- Corporate income or excise tax;
- Inheritance tax (for returns due before January 1, 2008);
- Trust and estate income tax; and
- Tri-Met and Lane Transit District self-employment taxes.
Do I give anything up if I choose tax amnesty?
Yes.
If you participate in amnesty you may not request a refund from taxes
paid under amnesty. You also waive all appeal rights on taxes paid
under amnesty.
Is my amnesty application binding?
No.
If you file an application and qualify for the amnesty program, you may
choose not to file the required returns. Not filing the required
returns by January 19, 2010 will disqualify you from the amnesty
program.
Once you file the required returns, you can’t revoke them.
Do I have to be an Oregon resident to qualify for amnesty?
No. Nonresidents and businesses outside Oregon are eligible for amnesty.
What if I received a deficiency notice?
Only
taxpayers who haven’t received a notice of deficiency, or haven’t been
assessed a tax for failure to file qualify for amnesty. Each tax year
stands alone for qualification. For example, if you received a notice
of deficiency for tax year 2006, you are disqualified from amnesty for
2006. You may still qualify for other years.
Can I participate if I’m currently under IRS audit, or recently completed an IRS audit?
Yes, as long as we haven’t issued a Notice of Deficiency for the tax years for which you wish to apply.
Can I apply for amnesty if I am in bankruptcy?
Yes;
however, you must submit an order from a U. S. Bankruptcy Court
allowing your participation at the time you apply for the amnesty
program.
I
filed my returns but I left off income and didn’t fix it when I found
out that it should have been included. Do I qualify under amnesty?
Yes.
You may amend tax returns that need to be corrected for years 2007 and
before. If you meet the other amnesty qualifications, you’ll receive a
full penalty waiver and a waiver for one-half of the interest. Visit
www.oregon.gov/DOR or call the number below for more information.
I took extra deductions for a couple of years that I was not entitled to. Now I want to fix it. Does this qualify under amnesty?
Yes.
You may amend tax returns with errors for years 2007 and before. If you
meet the other qualifications, you’ll receive a penalty waiver and a
waiver for one-half of the interest. Visit www.oregon.gov/DOR or call
the number below for more information.
What happens if I don’t file during the amnesty period?
We may assess a 25-percent penalty in addition to all other penalties that may apply under Oregon law.
I
paid all or part of my penalties before October 1, 2009. Will you waive
the penalties I paid and refund the penalty payments to me?
The law doesn’t allow us to give a refund or credit for penalties paid before October 1, 2009.
