305.222
Determination of interest rate.
For purposes of determining the interest rate established under ORS 305.220:
(1) In the case
of a refund of tax ordered by the Oregon Tax Court or the Oregon Supreme Court
and arising under any law administered by the Department of Revenue, if the
refund is not paid by the department within 60 days after the date of the
order, the interest rate provided under ORS 305.220 shall be four percent
greater than the annual interest rate provided under ORS 305.220, but only with
respect to interest periods that begin 61 days after the date the order is
entered.
(2)(a) In the
case of a notice of assessment pursuant to any law administered by the
department, if the deficiency is not paid within 60 days after the date of the
notice of assessment, the interest rate provided under ORS 305.220 shall be
four percent greater than the annual interest rate provided under ORS 305.220,
but only for interest periods that begin 61 days after the date of notice of
assessment.
(b) In the case
of an assessment under ORS 305.265 (12), if the delinquency is not paid within
60 days after the date of the assessment, the interest rate provided under ORS
305.220 shall be four percent greater than the annual interest rate provided
under ORS 305.220. The increased rate shall apply only for interest periods
that begin 61 days after the date of notice of the delinquency.
(3) If the
deficiency assessment is appealed to the Oregon Tax Court without prior payment
of tax, then notwithstanding subsection (2) of this section, the increased rate
of interest shall commence only for interest periods that begin 61 days after
the date that the order of the Oregon Tax Court or the Oregon Supreme Court
affirming the deficiency is entered. [1987 c.647 §7; 1993 c.726 §2; 1995 c.650 §110;
1997 c.325 §§3,4; 2017 c.278 §4]
Notes of Decisions
Thomas Creek Lumber & Log Co. v. Dep't of Revenue, 178 P.3d 217 (Or. 2008).
· cites it 22× “The penalty interest rate provision, ORS 305.222, which the department argues should apply here, provides, in part: “For purposes of determining the interest rate established under ORS 305.”
ABC Inc. & Combined Affiliates v. Dept. of Rev., No. TC 5431 (Or. T.C. Sept. 8, 2025).
· cites it 29× “Both subsections were included in the original version of ORS 305.222, and neither has been amended in a manner relevant to the issue here.”
Apple Inc. & U.S. Subsidiaries v. Dept. of Rev., No. TC 5416 (Or. T.C. Oct. 29, 2025).
· cites it 5× “, TC 5431 ___OTR ___ (Or Tax, Sept 8, 2025) (“enhanced” rate of interest on tax refund under ORS 305.222(1) 1 applies 61 days after entry of this court’s judgment).”
Tektronix, Inc. II v. Dept. of Rev., 22 Or. Tax 12 (Or. T.C. 2014).
· cites it 6× “Defendant Department of Revenue (the depart- ment) argued that the provisions regarding calculation of interest in the form of judgment were inconsistent with Oregon law and that the increased interest rate described in ORS 305.222(1) should only apply to periods following a…”
Or. Rev. Stat. § 305.222(1): 3 cases
Apple Inc. & U.S. Subsidiaries v. Dept. of Rev., No. TC 5416 (Or. T.C. Oct. 29, 2025).
“, TC 5431 ___OTR ___ (Or Tax, Sept 8, 2025) (“enhanced” rate of interest on tax refund under ORS 305.222(1) 1 applies 61 days after entry of this court’s judgment).”
Tektronix, Inc. II v. Dept. of Rev., 22 Or. Tax 12 (Or. T.C. 2014).
“Defendant Department of Revenue (the depart- ment) argued that the provisions regarding calculation of interest in the form of judgment were inconsistent with Oregon law and that the increased interest rate described in ORS 305.222(1) should only apply to periods following a…”
Or. Rev. Stat. § 305.222(2): 2 cases
Thomas Creek Lumber & Log Co. v. Dep't of Revenue, 178 P.3d 217 (Or. 2008).
“The penalty interest rate provision, ORS 305.222, which the department argues should apply here, provides, in part: “For purposes of determining the interest rate established under ORS 305.”
Or. Rev. Stat. § 305.222(2)(a): 1 case
Or. Rev. Stat. § 305.222(2)(b): 1 case
Or. Rev. Stat. § 305.222(3): 1 case
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