(1) The Department of Revenue, in reviewing the personal income tax returns of all individuals who have received payments under ORS § 315.276, shall:

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Terms Used In Oregon Statutes 315.278

  • 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.

(a) Confirm that, for the tax year during which payments began as provided under ORS § 315.279, the taxpayer has claimed a credit under ORS § 315.273;

(b) Reconcile the amounts claimed under ORS § 315.273 against the amounts disbursed under ORS § 315.276 and against the taxpayer’s underlying tax liability, if imposed; and

(c) Determine whether there is a difference in amounts claimed versus amounts disbursed and assess a deficiency against the taxpayer or provide a refund.

(2) If a taxpayer who has received any advance payments established under ORS § 315.276 does not claim a credit under ORS § 315.273, or does not provide sufficient substantiation of eligibility for the claimed amount, the Department of Revenue shall notify the taxpayer of any overpayment attributable to the installment payments made under ORS § 315.276.

(3) The Department of Revenue shall discontinue payments under ORS § 315.276 if the department discovers that the taxpayer:

(a) Has moved out of this state since first receiving payments;

(b) Has changed or is likely to change tax filing status; or

(c) Is not reasonably likely to qualify for the tax credit under ORS § 315.273 for the next upcoming tax year for which advance payments are otherwise to be made.

(4) Except as otherwise provided in this section and ORS § 315.273 and 315.276 or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the audit and examination of returns, periods of limitation, determination of and notices of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, conferences, appeals to the Oregon Tax Court, stays of collection pending appeal, confidentiality of returns and the penalties relative thereto, and the procedures relating thereto, apply to the determinations of taxes, penalties and interest under this section and ORS § 315.273 and 315.276. [2023 c.538 § 3a]