Oregon Administrative Rules
Chapter 150 - DEPARTMENT OF REVENUE
Division 311 - COLLECTION OF PROPERTY TAXES
Section 150-311-0760 - Process for Determining Recipient of Property Tax Refund
Universal Citation: OR Admin Rules 150-311-0760
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions: For the purpose of this rule:
(a) "Owner of record on the tax roll"
means the owner or an owner of the property or each person in whose name the
property is assessed on the last certified tax roll.
(b) "At the time of the refund" means the
time at which the tax collector calculates the refund and any applicable
interest.
(2) The tax collector must determine the recipients of a refund as follows:
(a) Whenever a refund is the result of an
appeal, the refund for each year included in the petition must be made payable
to, and be mailed or delivered to, the petitioner as shown on the
petition.
(b) If an appeal results
in a lowering of value under ORS
309.115 for a subsequent year
that was not included in the petition and a refund results, the refund for each
subsequent year must be made payable to, and be mailed or delivered to, the
petitioner for each year in which that person was the owner, an owner, or the
person in whose name the property was assessed; and to the current owner of
record on the tax roll at the time of the refund for each year
thereafter.
(c) Whenever taxes are
collected against property not within the jurisdiction of the levying body, the
refund must be made payable to, and be mailed or delivered to the owner of
record on the tax roll at the time of the refund.
(d) Whenever taxes are paid on property in
excess of the amount actually due the refund must be made payable to, and be
mailed or delivered to, the owner of record on the tax roll at the time of the
refund.
(e) Whenever taxes are paid
on the property of another by mistake of any kind:
(A) The refund must be made payable to, and
be mailed or delivered to, the payer of the tax.
(B) If the Department of Revenue pays the
taxes on a deferral account under ORS
311.676, and the owner, or
another party acting on behalf of the owner, also pays the tax for the same
property, the department will determine the refund recipient for the
overpayment based on information it deems appropriate. The department may
contact the deferral applicant and the "other party" to make the
determination.
(f)
Pursuant to OAR 150-309-0180, a refund resulting
from a petition to a Property Value Appeals Board, the Department of Revenue,
or the tax court by one or more owners of property assessed as an undivided
interest must be apportioned to all the owners of the property according to the
percentage of interest owned.
(g)
If a purchaser of business personal property pays a refundable compromise
payment, and the total outstanding tax amount is subsequently paid as provided
in ORS 311.642(4),
upon notice to the county governing body, the refund of the compromise payment
shall be paid to the purchaser who made the compromise payment.
(3) Notwithstanding section (2) of this rule, the refund will not be mailed or delivered to the petitioner, owner of record on the tax roll, or payer of the tax if:
(a) The refund is the result of an appeal as
described in section (2)(a) or (2)(b) of this rule and the petitioner is
represented by an attorney. The refund to which the petitioner is entitled must
be made payable to the petitioner, or to someone else if directed by the
petitioner in writing but must be mailed or delivered to the representing
attorney.
(b) The refund is the
result of an appeal as described in section (2)(f) of this rule and the
petitioner who filed the appeal is represented by an attorney. The refund
apportioned to the petitioner must be made payable to the petitioner, or to
someone else if directed by the petitioner in writing but must be mailed or
delivered to the representing attorney. The refund or refunds due to the other
owners who did not file petitions must be made payable to and be mailed or
delivered to those individual owners.
(c) The petitioner, owner of record, or payer
of the tax named in section (2) of this rule is not represented by an attorney
and instructs the tax collector, in writing, to make the refund payable to or
to mail or deliver it to someone else. The tax collector must follow such
instructions.
Statutory/Other Authority: ORS 305.100
Statutes/Other Implemented: ORS 311.806
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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