Oregon Administrative Rules
Chapter 150 - DEPARTMENT OF REVENUE
Division 314 - INCOME TAXATION GENERALLY GENERAL PROVISIONS
Section 150-314-0167 - Filing Returns of Income: Extensions, Chapters 316, 317 and 318
Universal Citation: OR Admin Rules 150-314-0167
Current through Register Vol. 63, No. 9, September 1, 2024
(1) If a taxpayer cannot file a return within the prescribed time, the department may grant the taxpayer an extension of time for filing but this does not extend the time for payment of the tax.
(2) Procedure when a federal extension is granted.
(a) The
department will grant extension of time to file an Oregon return if the
taxpayer has obtained an extension to file the federal return from the Internal
Revenue Service. The taxpayer does not need to request an Oregon extension. The
taxpayer must follow current tax return instructions to determine if a copy of
an approved federal extension or a filed automatic federal extension request
under Internal Revenue Code (IRC) section 6081 needs to be attached to the
Oregon return to serve as evidence of an Oregon extension. If there is no
requirement in the return instructions to attach the copy of the federal
extension request, the taxpayer must retain the document with their
records.
(b) An automatic extension
of time for filing a return does not relieve the taxpayer of the responsibility
to pay estimated tax or eliminate interest charges for failure to pay estimated
tax. An extension also does not relieve the taxpayer of a late payment penalty
provided under ORS 314.400, except when the
requirements of section (3) of OAR 150-314-0195 are met.
(c) The Oregon extension is for the same
length of time as the federal extension. If the Internal Revenue Service denies
the taxpayer's extension request, but grants the taxpayer a period of time from
the date of the denial in which to file the return, the department will grant
the taxpayer an equal period of time if a copy of the denied extension request
is attached to the Oregon return at the time of filing.
(3) Procedure for requesting an extension for Oregon only.
(a) An individual may request an
extension of time for Oregon only by completing and filing the appropriate
Oregon form. The taxpayer must file the extension request and payment with the
department on or before the original due date of the associated
return.
(b) A corporation may
request an extension of time for Oregon only by writing "For Oregon Only" on
the top of a federal extension form, filing out the form with Oregon tax
information, and attaching it to the Oregon return when it is filed. An
extension payment must be sent to the department on or before the original due
date of the return accompanied by the appropriate Oregon form.
(c) Insurance companies filing federal income
tax returns on a fiscal year basis must request a separate extension for Oregon
under subsection (b) of this section. The Oregon extension is for the same
length of time that would be allowed if the insurance company filed a calendar
year federal return and applied for a federal extension.
Statutory/Other Authority: ORS 305.100
Statutes/Other Implemented: ORS 314.385
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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