Oregon Statutes 305.280 – Time for filing appeals; denial of appeal
(1) Except as otherwise provided in this section, an appeal under ORS § 305.275 (1) or (2) shall be filed within 90 days after the act, omission, order or determination becomes actually known to the person, but in no event later than one year after the act or omission has occurred, or the order or determination has been made. An appeal under ORS § 308.505 to 308.674 shall be filed within 90 days after the date the order is issued under ORS § 308.584 (3). An appeal from a supervisory order or other order or determination of the Department of Revenue shall be filed within 90 days after the date a copy of the order or determination or notice of the order or determination has been served upon the appealing party by mail as provided in ORS § 306.805.
Terms Used In Oregon Statutes 305.280
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) An appeal under ORS § 323.416 or 323.623 or from any notice of assessment or refund denial issued by the Department of Revenue with respect to a tax imposed under ORS Chapter 118, 308, 308A, 310, 314, 316, 317, 318, 321 or this chapter, or collected pursuant to ORS § 305.620, shall be filed within 90 days after the date of the notice. An appeal from a proposed adjustment under ORS § 305.270 shall be filed within 90 days after the date the notice of adjustment is final.
(3) Notwithstanding subsection (2) of this section, an appeal from a notice of assessment of taxes imposed under ORS Chapter 314, 316, 317 or 318 may be filed within two years after the date the amount of tax, as shown on the notice and including appropriate penalties and interest, is paid.
(4) Except as provided in subsection (2) of this section or as specifically provided in ORS Chapter 321, an appeal to the tax court under ORS Chapter 321 or from an order of a county property value appeals board shall be filed within 30 days after the date of the notice of the determination made by the department or date of mailing of the order, date of publication of notice of the order, date the order is personally delivered to the taxpayer or date of mailing of the notice of the order to the taxpayer, whichever is applicable.
(5) If the tax court denies an appeal made pursuant to this section on the grounds that it does not meet the requirements of this section or ORS § 305.275 or 305.560, the tax court shall issue a written decision rejecting the petition and shall set forth in the decision the reasons the tax court considered the appeal to be defective. [1977 c.870 § 6; 1979 c.687 § 1; 1985 c.61 § 2; 1991 c.67 § 76; 1993 c.270 § 8; 1995 c.650 § 8; 1997 c.99 32,33; 1997 c.541 55,56; 1999 c.249 § 2; 1999 c.314 § 90; 1999 c.340 § 3; 2003 c.804 § 63a; 2007 c.616 § 11; 2009 c.23 § 1; 2023 c.29 § 3]
The amendments to 305.280 by section 3, chapter 29, Oregon Laws 2023, become operative July 1, 2024. See section 43, chapter 29, Oregon Laws 2023. The text that is operative until July 1, 2024, is set forth for the user’s convenience.
Except as otherwise provided in this section, an appeal under ORS § 305.275 (1) or (2) shall be filed within 90 days after the act, omission, order or determination becomes actually known to the person, but in no event later than one year after the act or omission has occurred, or the order or determination has been made. An appeal under ORS § 308.505 to 308.674 shall be filed within 90 days after the date the order is issued under ORS § 308.584 (3). An appeal from a supervisory order or other order or determination of the Department of Revenue shall be filed within 90 days after the date a copy of the order or determination or notice of the order or determination has been served upon the appealing party by mail as provided in ORS § 306.805.
(2) An appeal under ORS § 323.416 or 323.623 or from any notice of assessment or refund denial issued by the Department of Revenue with respect to a tax imposed under ORS Chapter 118, 308, 308A, 310, 314, 316, 317, 318, 321 or this chapter, or collected pursuant to ORS § 305.620, shall be filed within 90 days after the date of the notice. An appeal from a proposed adjustment under ORS § 305.270 shall be filed within 90 days after the date the notice of adjustment is final.
(3) Notwithstanding subsection (2) of this section, an appeal from a notice of assessment of taxes imposed under ORS Chapter 314, 316, 317 or 318 may be filed within two years after the date the amount of tax, as shown on the notice and including appropriate penalties and interest, is paid.
(4) Except as provided in subsection (2) of this section or as specifically provided in ORS Chapter 321, an appeal to the tax court under ORS Chapter 321 or from an order of a county board of property tax appeals shall be filed within 30 days after the date of the notice of the determination made by the department or date of mailing of the order, date of publication of notice of the order, date the order is personally delivered to the taxpayer or date of mailing of the notice of the order to the taxpayer, whichever is applicable.
(5) If the tax court denies an appeal made pursuant to this section on the grounds that it does not meet the requirements of this section or ORS § 305.275 or 305.560, the tax court shall issue a written decision rejecting the petition and shall set forth in the decision the reasons the tax court considered the appeal to be defective.
[1993 c.270 § 11; repealed by 1995 c.650 § 114]