10/09/1985 Meeting - Laserfiche WebLink

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e (2) An income tax return for an individual who is unable to make a return by reason of mi nori ty or other di sa'bil i ty sha 11 be made and fil ed by his/her duly authorized agent, his/her gua~dian, conservator, fiduciary or other person charged with the care of his/her person or property other than a receiver in possession of only a part of the individual's property. (3) An income tax return, in the name of the decedent, for any deceased individual shall be made and filed by his/her executor, adminis- trator or other person charged with the care of his/her property, and this duty extends to any unfiled return prior to decedent's death. The tax sha 11 be levied upon and collected from his/her estate. A final return of a dece- dent shall be due when it would have been due if the decedent had not died. I';' 3.626 Time and Place for Filing Returns and Paying Tax. (1) The income tax return required by this Act shall be filed with the department on or before the 15th day of the fourth month following the close of the taxpayer's taxable year, except that the final return of a decedent shall be filed at any time following the decedent's death, to and including the fifteenth day of the fourth month after expiration of the decede~t'sregular tax year. An individual requ{red to make and file a re- turn under this Act, without assessment, notice or demand, shall pay any tax due thereon to the department on or before the date fixed for filing such return (determined without regard to any extension of time for filing the return). (2) The tax may be paid with uncertified check during such time e and under such regulations as the department shall prescribe, but if a check so received is not paid by the bank on which it is drawn the taxpayer by whom such check is tendered remains liable for the payment of the tax and for all legal penalties the same as if the check had not been tendered. (3) A return fil ed before the last day prescri bed by 1 aw for the filing thereof is considered as filed on the last day. ORS 305.820 applies to returns filed by mail and to due dates that fall on a Saturday, Sunday or legal holiday. 3.628 Effect of Failure to File Return; Pel'lalty Sum; Interest. , (1) If a taxpayer: .. -, (a) fails to fil e a retuy'n of 'j ncome at the t im:: i':,equi,red by ; or under. this Act. or . . . (b) fails to pay the tax at the time the tax be~omes du~, ~ ~ unless it is shown that such failure is due to reasonable cause and not due, to willful neglect, there shall be added to the amount of tax required to be shown as tax on the return a penalty of five percent of the amount of such tax if the failure is not for more than one month, with an additional five percent for each additional month or fraction thereof during which failure continues, not exceeding 25 percent of the aggregate. In addition, the tax- payer shall be subject to the penalty described in section 3.998(2). (2) Interest shall accrue and be collected on the unpaid tax at the rate of eighteen percent per annum or at the adjusted interest rate determined from time to time by the director pursuant to ORS Chapter 305, e whichever shall be greater. (3) For the purposes of section 3.628(1), the amount of tax re- quired to be shown on the return shall be reduced by the amount of any part of the tax that is paid on or before the date prescribed for payment of the Ordinance - 7