Or. Admin. R. 150-317-1330

Current through Register Vol. 63, No. 6, June 1, 2024

Section 150-317-1330 - Extension of Time to File

(1)Definition.

(a) For purposes of this rule, "good cause" means:

(A) Death or serious illness of the taxpayer or a member of the taxpayer's immediate family;

(B) Destruction by fire, a natural disaster, or other casualty of the taxpayer's home, place of business, or records needed to prepare the returns;

(C) Unavoidable and unforeseen absence of the taxpayer from the state that began before the due date of the return; or

(D) Information required to complete the return is not available or is not in the proper form.

(b) Circumstances that are not accepted by the department as "good cause" include, but are not limited to:

(A) Reliance on a professional to merely prepare a return on time;

(B) Reliance on an employee of the taxpayer to prepare a return on time;

(2) Time granted by extension.

(a) Effective for tax years beginning on or before December 31, 2023, the time for making or filing an annual corporate activity tax return may be extended for six months after the date prescribed for filing the return under this chapter, if the taxpayer files an application in accordance with section (3) of this rule.

(b) Effective for tax years beginning on or after January 1, 2024, the time for making or filing an annual corporate activity tax return may be extended for seven months after the date prescribed for filing the return under this chapter, if the taxpayer files an application in accordance with section (3) of this rule.

(3) To request an extension of time to file, a taxpayer must:

(a) Submit a completed application for an extension of time to file on a form prescribed by the department;

(b) File the application with the department before the date prescribed for filing the return; and

(c) Certify they have "good cause" for requesting the extension.

(4) "Good cause" must have existed at the time the return was due, excluding the extension.

(5) The good cause requirements of this rule are not in effect for tax years beginning on or after January 1, 2023.

(6) Procedure when a federal income tax extension is granted.

(a) For tax years beginning on or after January 1, 2024, the department will grant a seven-month extension of time to file an Oregon Corporate activity tax return if the taxpayer has obtained an extension to file the federal income tax return from the Internal Revenue Service. For tax years beginning on or after January 1, 2023, the department will grant a six-month extension of time to file an Oregon corporate activity tax return.

(b) The taxpayer does not need to request an Oregon corporate activity tax extension if a federal income tax extension has been granted. The taxpayer must follow current Oregon corporate activity tax return instructions and retain the federal document with their records.

(7) Procedure for requesting an extension for Oregon only. For tax years beginning on or after January 1, 2023. A taxpayer or unitary group designated entity may request an extension of time to file for Oregon only by completing and filing the appropriate Oregon form. The taxpayer or designated entity must file the extension request and pay any tax due on or before the original due date.

(8) An extension of time for filing a corporate activity tax return does not relieve the taxpayer of the requirement to pay estimated tax or eliminate the penalty for underpayment of estimated tax imposed under ORS 317A.161. Nor does an extension relieve the taxpayer of a failure to pay penalty provided under ORS 314.400.

Or. Admin. R. 150-317-1330

REV 15-2019, temporary adopt filed 12/30/2019, effective 01/01/2020 through 06/28/2020; REV 11-2020, adopt filed 06/24/2020, effective 6/28/2020; REV 19-2023, amend filed 10/27/2023, effective 11/1/2023

Statutory/Other Authority: ORS 305.100, 317A.137 & 317A.143

Statutes/Other Implemented: ORS 317A.137