(1) The Department of Revenue shall provide a means by which personal income taxpayers may elect to establish an account under ORS § 178.335 within the Oregon 529 Savings Network in the name of a designated beneficiary.

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(2) A taxpayer may elect to contribute all or a portion of a refund of personal income tax to an account that has been established under ORS § 178.335 by direct deposit to the financial institution managing the account. The amount elected to be contributed by the taxpayer must be at least $25 and may be applied as a contribution only for the tax year in which the refund is issued.

(3) The election to contribute all or a portion of a refund shall be made on a form prescribed by the department and filed with the taxpayer’s tax return for the tax year or at such other time and in such other manner as the department may prescribe by rule. The department shall prescribe by rule the maximum number of accounts to which a taxpayer may elect to contribute a portion of the refund.

(4) The election to contribute all or a portion of a refund may not be changed or revoked.

(5) The election to contribute all or a portion of a refund shall be void, and no portion of the refund may be contributed to an account that has been established under ORS § 178.335, if:

(a) The taxpayer’s refund is offset to pay amounts owed by the taxpayer; or

(b) The taxpayer’s refund is less than the total of the following:

(A) The contribution elected in subsection (2) of this section;

(B) Payments of tax as provided in ORS § 316.583 that accompany the return;

(C) All contributions to charitable and governmental entities designated by means of a checkoff as provided in ORS § 305.745; and

(D) All contributions to political parties designated by means of a checkoff as provided in ORS § 305.754. [2011 c.527 § 2; 2019 c.316 § 2]

[2013 c.779 § 5; repealed by 2021 c.8 § 14]

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