Oregon Statutes 315.061 – Suspension, revocation or forfeiture
(1) Under the procedures for a contested case under ORS Chapter 183, the director of the agency responsible for certifying or otherwise determining eligibility or granting approval for a tax credit allowed under this chapter or ORS Chapter 316 or 317 may order the suspension, revocation or forfeiture of the tax credit approval or of a portion thereof if the director finds that:
Terms Used In Oregon Statutes 315.061
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- 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
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Trustee: A person or institution holding and administering property in trust.
(a) The approval was obtained by fraud or misrepresentation;
(b) The approval was obtained by mistake or miscalculation; or
(c) The taxpayer otherwise violates or has violated a condition or requirement for eligibility for the tax credit.
(2) As soon as an order of revocation under this section becomes final, the director shall notify the Department of Revenue and the person that received the tax credit certification, or other approval, of the order of revocation. Upon notification, the Department of Revenue immediately shall proceed to collect:
(a) If no portion of a credit has been transferred, those taxes not paid by the holder of the certificate or other approval as a result of the tax credits provided to the holder under the revoked approval, from the holder or a successor in interest to the business interests of the holder. All tax credits provided to the holder and attributable to the fraudulently or mistakenly obtained approval or portion of the approval shall be forfeited.
(b) If all of a credit has been transferred, an amount equal to the amount of the tax credits allowable to the transferee under the revoked approval, from the transferor.
(c) If a portion of a tax credit has been transferred, those taxes not paid by the transferor as a result of the tax credits provided to the transferor pursuant to the revoked approval, from the transferor or a successor in interest to the business interests of the transferor, and an amount equal to the amount of the tax credits allowable to the transferee pursuant to the revoked approval, from the transferor.
(3)(a) The Department of Revenue shall have the benefit of all laws of the state pertaining to the collection of income and excise taxes and may proceed to collect the amounts described in subsection (2) of this section from the person that obtained approval or a successor in interest to the business interests of that person. An assessment of tax is not necessary and the collection of taxes described in this subsection is not precluded by any statute of limitations.
(b) For purposes of this subsection, a lender, bankruptcy trustee or other person that acquires an interest through bankruptcy or through foreclosure of a security interest is not considered to be a successor in interest to the business interests of the person that obtained approval.
(4) If the approval is ordered revoked pursuant to this section, the holder of the certificate or other approval shall be denied any further relief in connection with the credit from and after the date that the order of revocation becomes final.
(5) Notwithstanding subsections (1) to (4) of this section, a certificate or portion of a certificate held by a transferee may not be considered revoked for purposes of the transferee, the tax credit allowable to the transferee may not be reduced and a transferee is not liable under this section.
(6) Interest under this section shall accrue at the rate established in ORS § 305.220 beginning the day after the due date of the return on which the credit may first be claimed.
(7) The Department of Revenue may collect amounts owed under this section by a partnership from the partnership. [2019 c.483 § 4]