The Provision of ORS
316.020 (1967 Replacement Part),
providing a moratorium for filing returns and payment of tax for certain
members of the Armed Forces, was not made a part of ORS Chapter 316 (1969
Replacement Part). Utilizing the powers of the Director given by ORS
305.145, the Department will
waive penalty and interest on account of late filing and late payment of
personal income tax in those cases where penalty and interest are waived by the
Internal Revenue Service on account of personal income, pursuant to IRC section
7508(a). Section 7508(a) reads in part as follows:
"
(a) In the case of an individual serving in the Armed
Forces of the United States, or serving in support of such Armed Forces, in an
area designated by the President of the United States by Executive order as a
'combat zone' for purposes of section 112, at any time during the period
designated by the President by Executive order as the period of combatant
activities in such zone for purposes of such section, or hospitalized as a
result of injury received while serving in such an area during such time, the
period of service in such area, plus the period of continuous qualified
hospitalization attributable to such injury, and the next 180 days thereafter,
shall be disregarded in determining, under the internal revenue laws, in
respect of any tax liability (including any interest, penalty, additional
amount, or addition to the tax) of such individual:
"
(1) Whether any of the following acts was performed
within the time prescribed therefor:
" (A)
Filing any return of income, estate, or gift tax (except income tax withheld at
source and income tax imposed by subtitle C or any law superseded thereby);
" (B) Payment of any income,
estate, or gift tax (except income tax withheld at source and income tax
imposed by subtitle C or any law superseded thereby) or any installment thereof
or of any other liability to the United States in respect
thereof;..."
Notes
Or. Admin. R.
150-314-0173
1-69; 1-1-77;
RD 15-1987, f. 12-10-87, cert. ef. 12-31-87; 7-1989, f. 12-18-89, cert. ef.
12-31-89, Renumbered from 150-316.407-(B); RD 5-1994, f. 12-15-94, cert. ef.
12-31-94; Renumbered from 150-314.385(c)-(A),
REV
32-2016, f. 8-12-16, cert. ef.
9/1/2016
Stat. Auth.: ORS
305.100
Stats. Implemented: ORS
314.385
