Oregon Department of Revenue : Penalties and interest for personal income tax : Individuals : State of Oregon (2024)

Personal income tax penalties

Oregon doesn't allow an extension of time to pay, even if the IRS allows an extension.

You will owe a 5 percent late-payment penalty on any Oregon tax not paid by the original due date of the return, even if you have filed an extension.

If you file more than three months after the due date (including extensions), a 20 percent late-filing penalty will be added. So, you will owe a total penalty of 25 percent of any tax not paid. A 100 percent penalty is also charged if you do not file a return for three consecutive years by the due date of the third year, including extensions. In some situations, additional penalties may be added. Below is a list of penalties or you can read more in Publication OR-17.

* "Frivolous" includes, but is not limited to:

  • An argument, without any factual basis, that your constitutional rights were violated.

  • Reliance on a "gold standard" or "war tax" deduction.

  • An argument that wages or salary aren't taxable income.

  • An argument that the 16th Amendment to the U.S. Constitution wasn't properly adopted.

  • An argument that "unenfranchised, sovereign, freemen, or natural persons" aren't subject to tax laws.

Frequently asked questions

What interest rate does DOR charge on taxes owed?

The annual interest rate is 5 percent for interest periods beginning on or after January 1, 2018, 6 percent for interest periods beginning on or after January 1, 2019,4 percent for interest periods beginning on or after January 1, 2021, 6 percent for interest periods beginning on or after January 1, 2023, and 8 percent for interest periods beginning on or after January 1, 2024.The interest rate may change once a calendar year. Interest rates are the same for taxes owed and refunds. Interest is charged and paid on tax only, penalties are not included.


Oregon Department of Revenue  : Penalties and interest for personal income tax : Individuals : State of Oregon (2024)

FAQs

What is the penalty for filing taxes late in Oregon? ›

Personal income tax penalties

You will owe a 5 percent late-payment penalty on any Oregon tax not paid by the original due date of the return, even if you have filed an extension. If you file more than three months after the due date (including extensions), a 20 percent late-filing penalty will be added.

Why would Oregon Department of Revenue send me a letter? ›

Notice of Assessment: We send you this letter if you have unpaid taxes after the due date of payment. Notice and Demand for Payment: This is the second request for full payment of taxes owed. Distraint Warrant: This is not a warrant for your arrest.

What are the exceptions to the Oregon underpayment penalty? ›

If your gross income from farming or fishing, including oys- ter farming, was at least 2/3 of the gross income shown on your return for tax years 2021 or 2022, you don't have to pay underpayment interest for 2022.

How long can the state of Oregon collect back taxes? ›

No statute of limitation runs on a tax self-assessed or additionally assessed by the Department in the time allowed by ORS 314.410 and collectible by warrant. However, the statute of 10 years limitation on judgment liens begins to run on a tax lien as soon as the tax warrant is filed pursuant to ORS 314.430.

What is the penalty for paying your taxes late? ›

If you have a balance due

You'll likely end up owing a late payment penalty of 0.5% per month, or fraction thereof, until the tax is paid. The maximum late payment penalty is 25% of the amount due. You'll also likely owe interest on whatever amount you didn't pay by the filing deadline.

What are the penalties for filing taxes late? ›

If you owe tax and don't file on time, there's also a penalty for not filing on time. The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%.

Can Oregon Department of Revenue garnish wages? ›

The Notice of Garnishment has been issued against you. It does not mean that we will garnish all your wages. The notice instructs the garnishee to withhold up to 25 percent of your take home wages. In addition, for garnishments on non-tax debt collected by OAA, a minimum wage exemption applies.

Why would the Department of Revenue send you mail? ›

The IRS sends notices and letters for the following reasons: You have a balance due. You are due a larger or smaller refund. We have a question about your tax return.

Can debt collectors garnish your tax refund? ›

But is your tax refund safe from creditors? There are two ways a creditor can intercept your tax refund. The first is by getting it from the Internal Revenue Service (IRS) before your receive it. The second is to garnish the bank account you deposit or hold it in.

How can I get an underpayment penalty waived? ›

To request a waiver when you file, complete IRS Form 2210 and submit it with your tax return. With the form, attach an explanation for why you didn't pay estimated taxes in the specific time period that you're requesting a waiver for. Also attach documentation that supports your statement.

What is the penalty for underpayment of Oregon state taxes? ›

5% of the amount of the unpaid tax if the failure is for a period less than four months; an additional penalty of 20% of the unpaid tax if the failure is for a period of four months or more; and.

How do I get rid of underpayment penalty? ›

You can also avoid the underpayment penalty if: Your tax return shows you owe less than $1,000. You paid 90% or more of the tax that you owed for the taxable year or 100% of the tax that you owed for the year prior, whichever amount is less. 1.

What happens if you can't pay your Oregon taxes? ›

Payment plan options

Even if you're unable to pay your entire balance, you should pay what you can until you receive a bill from us. We offer payment plans up to 36 months, visit Revenue Online to set up a payment plan . If you are unable to set up a payment plan using Revenue Online, call us.

Is there a statute of limitations on Oregon state taxes owed? ›

In Oregon, there is no statute of limitations on tax debts that are collectible by warrant. However, once filed, liens expire after 10 years, but they can be renewed without losing any priority.

What are the refund laws in Oregon? ›

Refund, complaint, audit, and appeal procedures

You can claim a refund for a previous tax year by filing an amended return up to (a) three years from the due date of your original return or the date you filed your tax return, or (b) two years from the date you paid your tax or a portion of your tax, whichever is later.

Can I file taxes late without penalty? ›

Here are some tips to help you: There is no penalty for filing a late return after the tax deadline if a refund is due. If you didn't file and owe tax, file a return as soon as you can and pay as much as possible to reduce penalties and interest.

How many days can you be late on your taxes? ›

You will have 90 days to file your past due tax return or file a petition in Tax Court.

What happens if you don't file taxes for 2 years? ›

Penalties can include significant fines and even prison time. Luckily, the government has a limited amount of time in which it can file a criminal charge against you for tax evasion. If the IRS chooses to pursue charges, this must be done within six years after the date the tax return was due.

How bad is it to miss tax deadline? ›

The late filing penalty is 5% of your unpaid balance per month or partial month, capped at 25% of your balance. The fee for failure to pay is 0.5% per month or partial month, with a maximum fee of 25% of unpaid taxes. Interest is based on the current rates.

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