Oregon § 305.565 Stay of collection of taxes, interest and penalties pending appeal; exception; bond

Oregon Statutes

§ 305.565 — Stay of collection of taxes, interest and penalties pending appeal; exception; bond

Oregon § 305.565

Vol.8

Title 29Revenue and Taxation

Ch.305

This text of Oregon § 305.565 (Stay of collection of taxes, interest and penalties pending appeal; exception; bond) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 305.565 (2026).

Text

(1)Except as provided in subsection (2) of this section, proceedings for the collection of any taxes, interest or penalties resulting from an assessment of additional taxes imposed under the tax laws of this state and administered by the Department of Revenue or imposed under a local tax administered under ORS 305.620 by the department shall be stayed by the taking or pendency of any appeal to the tax court.

(2)Notwithstanding subsection (1) of this section, the department may proceed to collect any taxes, interest or penalties described in subsection (1) of this section if the department determines that collection will be jeopardized if collection is delayed or that the taxpayer has taken a frivolous position in the appeal. For purposes of this subsection:

(a)Collection of taxes, inter

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(1) Except as provided in subsection (2) of this section, proceedings for the collection of any taxes, interest or penalties resulting from an assessment of additional taxes imposed under the tax laws of this state and administered by the Department of Revenue or imposed under a local tax administered under ORS 305.620 by the department shall be stayed by the taking or pendency of any appeal to the tax court.
(2) Notwithstanding subsection (1) of this section, the department may proceed to collect any taxes, interest or penalties described in subsection (1) of this section if the department determines that collection will be jeopardized if collection is delayed or that the taxpayer has taken a frivolous position in the appeal. For purposes of this subsection:
(a) Collection of taxes, interest or penalties will be jeopardized if the taxpayer designs quickly to depart from the state or to remove the taxpayer’s property from the state, or to do any other act tending to prejudice or to render wholly or partially ineffectual proceedings to collect the tax.
(b) A taxpayer’s position in an appeal is frivolous if that position is of the kind described in ORS 316.992 (5).
(3) A proceeding for the apportionment, levy or collection of taxes on any property may not be stayed by the taking or pendency of any appeal to the tax court, or from an order of the county property value appeals board or the Oregon Tax Court, unless the assessor or tax collector either as a party to the suit or an intervenor, requests a stay and it appears to the satisfaction of the court that a substantial public interest requires the issuance of a stay.
(4) The tax court may, as a condition of a stay, require the posting of a bond sufficient to guarantee payment of the tax. Payment of taxes while appeal is pending shall not operate as a waiver of the appeal or of a right to refund of taxes found to be excessively charged or assessed.

Legislative History

1977 c.870 §11; 1982 s.s.1 c.29 §4; 1985 c.761 §9; 1991 c.567 §4; 1993 c.270 §18; 1995 c.650 §23; 1997 c.99 §§47,48; 1997 c.325 §13; 1997 c.541 §73; 2023 c.29 §7; 2025 c.371 §6