(1) If any returns required to be filed under ORS § 320.400 to 320.490, 475C.670 to 475C.734 or 803.203 or ORS Chapter 118, 314, 316, 317, 318, 321 or 323 or under a local tax administered by the Department of Revenue under ORS § 305.620 are not filed for three consecutive years by the due date (including extensions) of the return required for the third consecutive year, there shall be a penalty for each year of 100 percent of the tax liability determined after credits and prepayments for each such year.

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(2) The penalty imposed under this section is in addition to any other penalty imposed by law. However, the total amount of penalties imposed for any taxable year under this section, ORS § 305.265 (13), 314.400, 323.403, 323.585 or 475C.722 may not exceed 100 percent of the tax liability. [1987 c.843 § 3; 1997 c.99 § 51; 1999 c.62 § 22; 2015 c.699 § 17; 2017 c.750 § 115]