Bill Text: OR HB2464 | 2013 | Regular Session | Enrolled
Bill Title: Relating to tax compliance; and prescribing an effective date.
Spectrum: Committee Bill
Status: (Passed) 2013-08-14 - Chapter 734, (2013 Laws): Effective date October 7, 2013. [HB2464 Detail]
Download: Oregon-2013-HB2464-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2464
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Revenue)
CHAPTER ................
AN ACT
Relating to tax compliance; creating new provisions; amending ORS
314.360 and 316.202; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 314.360 is amended to read:
314.360. (1) Fiduciaries required to make returns under laws
imposing tax upon or measured by net income, proprietorships,
partnerships, corporations, joint stock companies or associations
or insurance companies, having places of business in this state,
in whatever capacity acting, including lessees or mortgagors of
real or personal property, fiduciaries, employers, purchasers of
stumpage and all officers and employees of the state or of any
political subdivisions of the state, having the control, custody,
disposal or payment of interest (other than interest coupons
payable to bearer), rent, dividends, salaries, fees, wages, the
purchase price of stumpage, emoluments or other fixed or
determinable annual or periodical gains, profits and income, paid
or payable, during any year to any taxpayer, shall make return
thereof, under oath, to the Department of Revenue, under such
regulations and in such form and manner and to such extent as it
may prescribe.
(2)(a) Every person doing business as a broker shall, when
required by the department, render a correct return duly verified
under oath, under such rules and regulations as the department
may prescribe, showing the names of customers for whom such
person has transacted any business, with such details as to the
profits, losses, or other information which the department may
require, as to each of such customers, as will enable the
department to determine whether all income tax due on profits or
gains of such customers has been paid.
(b) Every person who is required to file a return with respect
to a real estate transaction under section 6045(e) of the
Internal Revenue Code shall file a copy of that return with the
department.
(3) The department may prescribe circumstances under which the
filing requirements under this section are waived.
{ + (4) In addition to any other penalty provided by law:
(a) A person who fails to file a return required under this
section, or who files an incomplete or incorrect return, shall be
subject to a penalty of $50 per information return after the date
on which the return is due, up to a maximum penalty of $2,500.
Enrolled House Bill 2464 (HB 2464-C) Page 1
(b) A person who knowingly fails to file a return required
under this section, or who knowingly files an incomplete, false
or misleading return, shall be subject to a penalty of $250 per
information return after the date on which the return is due, up
to a maximum penalty of $25,000. + }
SECTION 2. ORS 316.202 is amended to read:
316.202. (1) With each payment made to the Department of
Revenue, every employer shall deliver to the department, on a
form prescribed by the department showing the total amount of
withheld taxes in accordance with ORS 316.167 and 316.172, and
supply such other information as the department may require. The
employer is charged with the duty of advising the employee of the
amount of moneys withheld, in accordance with such regulations as
the department may prescribe, using printed forms furnished or
approved by the department for such purpose.
(2) Except as provided in subsection (4) of this section, every
employer shall submit a combined quarterly return to the
department on a form provided by it showing the number of
payments made, the withheld taxes paid during the quarter and an
explanation of federal withholding taxes as computed by the
employer. The report shall be filed with the department on or
before the last day of the month following the end of the
quarter.
(3) The employer shall make an annual return to the department
on forms provided or approved by it, summarizing the total
compensation paid and the taxes withheld for all employees during
the calendar year and shall file the same with the department on
or before the due date of the corresponding federal return for
the year for which report is made. Failure to file the annual
report without reasonable excuse on or before the 30th day after
notice has been given to the employer of failure subjects the
employer to a penalty of $100. The department may by rule require
additional information the department finds necessary to
substantiate the annual return, including but not limited to
copies of federal form W-2 for individual employees, and may
prescribe circumstances under which the filing requirement
imposed by this subsection is waived.
(4) Notwithstanding the provisions of subsection (2) of this
section, employers of agricultural employees may submit returns
annually showing the number of payments made and the withheld
taxes paid. However, such employers shall make and file a
combined quarterly tax report with respect to other tax programs,
as required by ORS 316.168.
{ + (5) In addition to the penalty required under subsection
(3) of this section and any other penalty required by law:
(a) A person who fails to file a report required under this
section, or who files an incomplete or incorrect report, shall be
subject to a penalty of $50 per report after the date on which
the report is due, up to a maximum penalty of $2,500.
(b) A person who knowingly fails to file a report required
under this section, or who knowingly files an incomplete, false
or misleading report, shall be subject to a penalty of $250 per
report after the date on which the report is due, up to a maximum
penalty of $25,000. + }
SECTION 3. { + The amendments to ORS 314.360 and 316.202 by
sections 1 and 2 of this 2013 Act apply to payments made in tax
years beginning on or after January 1, 2013. + }
SECTION 4. { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
Enrolled House Bill 2464 (HB 2464-C) Page 2
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Passed by House June 18, 2013
Repassed by House July 8, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 8, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2464 (HB 2464-C) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2464 (HB 2464-C) Page 4
