Oregon Statutes 305.410 – Authority of court in tax cases within its jurisdiction; concurrent jurisdiction; exclusive jurisdiction in certain cases
(1) Subject only to the provisions of ORS § 305.445 relating to judicial review by the Supreme Court and to subsection (2) of this section, the tax court shall be the sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact arising under the tax laws of this state. For the purposes of this section, and except to the extent that they preclude the imposition of other taxes, the following are not tax laws of this state:
Terms Used In Oregon Statutes 305.410
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
(a) ORS Chapter 577 relating to Oregon Beef Council contributions.
(b) ORS § 576.051 to 576.455 relating to commodity commission assessments.
(c) ORS Chapter 477 relating to fire protection assessments.
(d) ORS chapters 731, 732, 733, 734, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 relating to insurance company fees and taxes.
(e) ORS Chapter 473 relating to liquor taxes.
(f) ORS Chapter 825 relating to motor carrier taxes.
(g) ORS Chapter 319 relating to motor vehicle and aircraft fuel taxes and the road usage charges imposed under ORS § 319.885.
(h) The Oregon Vehicle Code relating to motor vehicle and motor vehicle operators’ license fees and ORS Chapter 830 relating to boat licenses.
(i) ORS Chapter 578 relating to Oregon Wheat Commission assessments.
(j) ORS Chapter 462 relating to racing taxes.
(k) ORS Chapter 657 relating to unemployment insurance taxes.
(L) ORS Chapter 656 relating to workers’ compensation contributions, assessments or fees.
(m) ORS § 311.420, 311.425, 311.455, 311.650, 311.655 and ORS Chapter 312 relating to foreclosure of real and personal property tax liens.
(n) ORS § 409.800 to 409.816 and 409.900 relating to long term care facility assessments.
(o) ORS Chapter 657B relating to family and medical leave insurance benefits and contributions.
(2) The tax court and the circuit courts shall have concurrent jurisdiction to try actions or suits to determine:
(a) The priority of property tax liens in relation to other liens.
(b) The validity of any deed, conveyance, transfer or assignment of real or personal property under ORS § 95.060 and 95.070 (1983 Replacement Part) or 95.200 to 95.310 where the Department of Revenue has or claims a lien or other interest in the property.
(3) Subject only to the provisions of ORS § 305.445 relating to judicial review by the Supreme Court, the tax court shall be the sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact arising under any tax law of a local government that is imposed upon or measured by net income. The tax court does not have jurisdiction to review determinations of a local government relating to the collection, enforcement, administration or distribution of a tax described in this subsection.
(4) Subject only to the provisions of ORS § 305.445 relating to judicial review by the Supreme Court, the tax court shall be the sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact concerning the authorized uses of the proceeds of bonded indebtedness described in Article XI, section 11 (11)(d), of the Oregon Constitution.
(5) Except as permitted under Article VII (Amended), section 2, of the Oregon Constitution, this section and ORS § 305.445, no person shall contest, in any action, suit or proceeding in the circuit court or any other court, any matter within the jurisdiction of the tax court. [1961 c.533 § 12; 1965 c.6 § 2; 1967 c.359 § 688; 1969 c.48 § 1; 1971 c.567 § 14; 1975 c.365 § 1; 1977 c.407 § 1; 1985 c.149 § 5; 1985 c.664 § 18; 2003 c.195 § 18; 2003 c.604 § 100; 2007 c.780 § 29; 2013 c.85 § 2; 2013 c.781 § 26; 2023 c.9 § 18; 2023 c.292 § 15; 2023 c.313 § 2]