Defines Order for Purposes of Interest Rate Increase

# (1)

(1) If tax is not paid within 60 days after the date an individual is notified of a tax delinquency, the interest rate imposed by ORS 305.220 is increased by four (4) percent annually. The interest is also increased after 60 days for tax due, if not paid or appealed, on a notice of assessment following a deficiency, or a final order issued by the Tax Court or Supreme Court that affirms the deficiency.

# (2)

(2) For purposes of ORS 305.222, an order is defined as:

(a) Any Final Decision or Stipulated Judgment issued by the Magistrate Division of the Oregon Tax Court,

(b) A Judgment issued by the Regular Division of the Oregon Tax Court, or

(c) A Judgment issued by the Oregon Supreme Court.

Example 1: Clyde timely files his current year return on April 15, but does not pay the tax shown as due. The department processes the return and sends a notice of tax due on April 28. Additional interest is charged beginning on the 61st day (June 28) after the department issues the notice.

Example 2: Assume the same facts as Example 1, except the return is adjusted in processing and Clyde receives a notice of deficiency for additional tax due. No payment is received and a notice of assessment is issued 30 days later. The interest rate is increased beginning 61 days from the assessment date if the tax is not paid or appealed.

Example 3

: Assume the same facts as Example 2, except that Clyde appeals to the Magistrate Division of the Oregon Tax Court. The Magistrate Division issues a Final Decision that upholds the assessment. Additional interest is charged beginning 61 days after the date of the Final Decision, if the tax is not paid and no appeal is filed.