Or. Admin. Code § 150-314-0167

Current through Register Vol. 63, No. 11, November 1, 2024

Section 150-314-0167 - Filing Returns of Income: Extensions, Chapters 316, 317 and 318

(1) If a taxpayer cannot file a return within the prescribed time, the department may grant the taxpayer an extension of time for filing but this does not extend the time for payment of the tax.

(2) Procedure when a federal extension is granted.

(a) The department will grant extension of time to file an Oregon return if the taxpayer has obtained an extension to file the federal return from the Internal Revenue Service. The taxpayer does not need to request an Oregon extension. The taxpayer must follow current tax return instructions to determine if a copy of an approved federal extension or a filed automatic federal extension request under Internal Revenue Code (IRC) section 6081 needs to be attached to the Oregon return to serve as evidence of an Oregon extension. If there is no requirement in the return instructions to attach the copy of the federal extension request, the taxpayer must retain the document with their records.

(b) An automatic extension of time for filing a return does not relieve the taxpayer of the responsibility to pay estimated tax or eliminate interest charges for failure to pay estimated tax. An extension also does not relieve the taxpayer of a late payment penalty provided under ORS 314.400, except when the requirements of section (3) of OAR 150-314-0195 are met.

(c) The Oregon extension is for the same length of time as the federal extension. If the Internal Revenue Service denies the taxpayer's extension request, but grants the taxpayer a period of time from the date of the denial in which to file the return, the department will grant the taxpayer an equal period of time if a copy of the denied extension request is attached to the Oregon return at the time of filing.

(3) Procedure for requesting an extension for Oregon only.

(a) An individual may request an extension of time for Oregon only by completing and filing the appropriate Oregon form. The taxpayer must file the extension request and payment with the department on or before the original due date of the associated return.

(b) A corporation may request an extension of time for Oregon only by writing "For Oregon Only" on the top of a federal extension form, filing out the form with Oregon tax information, and attaching it to the Oregon return when it is filed. An extension payment must be sent to the department on or before the original due date of the return accompanied by the appropriate Oregon form.

(c) Insurance companies filing federal income tax returns on a fiscal year basis must request a separate extension for Oregon under subsection (b) of this section. The Oregon extension is for the same length of time that would be allowed if the insurance company filed a calendar year federal return and applied for a federal extension.

Or. Admin. Code § 150-314-0167

1958-59; 9-71; 11-73; 1-1-77; 12-31; 78; 12-31-80; 12-31-81; 12-31-82; 12-31-83; RD 10-1986, f. & cert. ef. 12-31-86; RD 15-1987, f. 12-10-87, cert. ef. 12-31-87; RD 11-1988, f. 12-19-88, cert. ef. 12-31-88; REV 7-1999, f. 12-1-99, cert. ef. 12-31-99; REV 8-2002, f. & cert. ef. 12-31-02; REV 11-2006, f. 12-27-06, cert. ef. 1-1-07; Renumbered from 150-314.385(1)-(B), REV 32-2016, f. 8-12-16, cert. ef. 9/1/2016; REV 34-2022, amend filed 12/28/2022, effective 1/1/2023

Statutory/Other Authority: ORS 305.100

Statutes/Other Implemented: ORS 314.385