Chapter 229 Oregon Laws 2001
AN ACT
HB 2027
Relating to tax collection;
creating new provisions; and amending ORS 311.370, 311.405 and 311.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 311.405, as amended by section 1, chapter 42, Oregon Laws 2001
(Enrolled House Bill 2028), is amended to read:
311.405. (1) All ad valorem property taxes lawfully imposed
or levied on real or personal property are liens on such real and personal
property, respectively. Such taxes include delinquent taxes on personal
property made a lien on real property, and ad valorem property taxes on real or
personal property added to an assessment or tax roll pursuant to ORS 311.216 to
311.232.
(2) Taxes on real property shall be a lien thereon from and
including July 1 of the year in which they are levied until paid and, except as
otherwise specifically provided by law, such lien shall not be voided or
impaired.
(3)(a) Taxes on personal property shall be a lien:
(A) On any and all of the particular personal property
assessed and on any and all of the personal property assessed as the same
category, as disclosed by the property tax return and assessment list; and
(B) For purposes of distraint, on any and all of the
taxable personal property owned by or in the possession or control of the
person assessed.
(b) The liens for taxes on personal property shall attach
on and after July 1 of the year of assessment and shall continue until the
taxes are paid, except as provided in subsection (4) or (5) of this section and ORS 311.410.
(c) Notwithstanding paragraph (a) of this subsection, if
possession of personal property that is subject to a perfected security
interest is taken by a secured party on default, the lien for taxes on the
property shall be limited to the taxes on the particular property and not the
taxes on any other property of the debtor.
(4)(a) If a manufactured structure or floating home is
removed from the county in which it is assessed to another county in this state
on or after January 1 and before July 1 of the assessment year, taxes on the
manufactured structure or floating home shall be a lien on the manufactured
structure or floating home that attaches as of the day preceding the date of
removal.
(b) If a manufactured structure or floating home is removed
from the county in which it is assessed to a location that is outside this
state on or after January 1 and before July 1 of the assessment year, the
manufactured structure or floating home shall be removed from the assessment
and tax roll for the corresponding tax year beginning July 1.
(c) The taxes
arising from a lien under this subsection may be paid to the tax collector
prior to the completion of the next general property tax roll, pursuant to ORS
311.370.
[(c)] (d) As used in this subsection,
“taxes” means the amount computed using the assessed value then on the
assessment and tax roll for the manufactured structure or floating home or the
value that next would be used on the assessment and tax roll, if known at the
time the lien is created, and the assessor’s best estimate of taxes, special
assessments, fees and other charges for the tax year that corresponds to the
assessment year in which the removal occurs.
(5)(a) If taxable
personal property, other than a manufactured structure or floating home, is
removed from the county in which it is assessed, or is sold or otherwise
transferred to another owner, on or after January 1 and before July 1 of the
assessment year, taxes on the removed, sold or transferred personal property
shall be a lien on the personal property described in subsection (3)(a)(A) of
this section that attaches as of the day preceding the date of removal, sale or
transfer.
(b) The taxes arising
from a lien under this subsection may be paid to the tax collector prior to the
completion of the next general property tax roll, pursuant to ORS 311.370.
[(5)] (6) Where real or personal property is
omitted from the assessment or tax roll prepared as of January 1 of the current
tax year and notice is given pursuant to ORS 311.216 to 311.232 during such
year and the property subsequently is added to such roll pursuant to ORS
311.216 to 311.232, the taxes shall be a lien on such property and on other
property at the same time and in the same manner as taxes became liens on the
taxable property not so omitted from the roll.
[(6)] (7) Taxes on real and personal
property omitted from an assessment or tax roll prepared as of the assessment
date of a prior calendar or tax year and added to such roll pursuant to ORS
311.216 to 311.232, shall be a lien on such property from and including the
date the addition or correction is made on such roll. Where the omitted
property consists of any building, structure or improvement which has been
severed or removed from the land, the taxes on such property also shall be a
lien against the land. Where the property omitted is personal property, the
taxes also shall be a lien on any and all of the taxable personal property of
the person assessed from such date of addition or correction. However, no taxes
shall become a lien on real or personal property under this subsection where
the property was transferred to a bona fide purchaser as defined in ORS 311.235
after the assessment date for such prior tax year and prior to the lien date
provided for hereunder.
[(7)] (8) Each lien, whether on real or
personal property, shall include all interest, penalties and costs applicable
by law to any of such taxes.
[(8)(a)] (9)(a) Except as provided in paragraph
(b) of this subsection, the liens for ad valorem taxes, including and not
limited to the general lien provided by subsection (3)(a)(B) of this section,
created under this section are superior to, have priority over and shall be
fully satisfied before all other liens, judgments, mortgages, security
interests or encumbrances on the property without regard to date of creation,
filing or recording.
(b) If it becomes necessary to charge personal property
taxes against real property under ORS 311.645, if the county obtains a judgment
under ORS 311.455 or records a warrant under ORS 311.625, or if in any other
manner personal property taxes are made a lien against real property, any
judgment, mortgage or other lien or encumbrance on the real property that is
placed of record prior to the date the personal property tax becomes a lien on
the real property has priority over the personal property tax lien.
SECTION 2.
ORS 311.410, as amended by section 2, chapter 42, Oregon Laws 2001
(Enrolled House Bill 2028), is amended to read:
311.410. (1) Real property or personal property which is
subject to taxation on July 1 shall remain taxable and taxes levied thereon for
the ensuing tax year shall become due and payable, notwithstanding any
subsequent transfer of the property to an exempt ownership or use. Taxes that
are unpaid as of the termination of a lease, lease purchase agreement or other
instrument resulting in the taxation of the property shall remain a lien on the
property as of the day prior to the termination of the lease, lease purchase
agreement or other instrument. Real or personal property exempt from taxation
on July 1 shall remain exempt for the ensuing tax year, notwithstanding any
transfer within such year to a taxable ownership or use.
(2) No sale or transfer of personal property or any part
thereof shall affect the lien under ORS 311.405 (3)(a)(A), [or] (4) or (5). Taxes on personal property
transferred from a tax exempt to a taxable ownership or use shall be a lien on
any and all of the personal property assessed to the person and on any and all
of the taxable personal property of the person assessed from and including the
date of transfer until paid. Such liens shall be in all other respects subject
to the provisions of this section and ORS 311.405 relating to liens on personal
property.
(3) Notwithstanding ORS 311.405 (4) or (5), real or personal property is exempt if it is transferred
or changed from a taxable to an exempt ownership or use at any time before July
1 of any year. However, if such property is exempted under any provision of ORS
307.010 to 307.691, which requires the filing of a claim for exemption, the
transfer shall not operate to render such property exempt from taxation for the
ensuing tax year unless the required claim for exemption is filed on or before
the date specified in the applicable statute or within 30 days after the date
of acquisition or, if relevant under the applicable exemption statute, the
change of use of the property, whichever is later. This section is not intended
to limit other statutes that prescribe filing dates for claiming an exemption.
(4) Real property which is the subject of eminent domain
proceedings instituted by a public body shall, for the purposes of this
section, be deemed to have been transferred as of the date of payment therefor,
the date of entry into possession by the public body or the date of entry of
judgment in such proceedings, whichever is earlier.
SECTION 3.
The amendments to ORS 311.405 and
311.410 by sections 1 and 2 of this 2001 Act apply to taxable personal property
that is removed, sold or otherwise transferred on or after the effective date
of this 2001 Act.
SECTION 4.
ORS 311.370 is amended to read:
311.370. (1)(a) For all taxes, penalties and other charges
collected by the tax collector under, including, but not limited to, ORS
92.095, 100.110, 308.260, 308.865, 308A.119, 308A.324, 308A.700 to 308A.733,
311.165, 311.405 (4) or (5),
311.415, 311.465, 354.690, 358.525 and 454.225, the tax collector shall issue
receipts similar in form to the receipts issued on payment of taxes regularly
charged on the tax roll.
(b) The assessor shall enter all assessments of property to
which paragraph (a) of this subsection applies in the assessment roll and shall
make proper entries showing the extension of the taxes in the usual manner and
as though no payment to the tax collector had been made.
(2) Upon receipt thereof, the tax collector shall deposit
with the county treasurer all money collected by the tax collector under
subsection (1) of this section. The county treasurer shall issue to the tax
collector duplicate receipts for the money and shall hold it in a special
account in the name of the tax collector.
(3) Upon delivery of the assessment roll pursuant to ORS
311.115, the tax collector shall post the payments evidenced by the receipts,
and the amount of any underpayment or overpayment. The tax collector shall then
make a statement to the county treasurer which shall specify the amount to be
retained in the special account to make the refunds required under subsection
(4)(b) of this section. The tax collector shall dispose of the balance in the
special account in the same manner as other tax payments.
(4) Any sum collected by the tax collector which is in
excess of the amount extended on the tax roll as provided in subsection (1)(b)
of this section shall be disposed of by the tax collector as follows:
(a) Any excess under $5 shall be paid to the districts in
which the taxed property is located in the same manner as interest on taxes is
paid to such districts.
(b) Any excess of $5 or over shall be refunded to the
taxpayer by the county treasurer upon receiving instructions for doing so from
the tax collector. If an amount remains that cannot be refunded by June 30 of
the next calendar year, the tax collector shall instruct the treasurer to
distribute the moneys to the taxing districts in the same manner as the
excesses are distributed under paragraph (a) of this subsection.
(5) If a sum less than the tax charged on the tax roll has
been collected, the deficiency shall be canceled by the tax collector if such
sum is $5 or less, and the tax collector shall note upon the tax roll opposite
the appropriate account, “Tax deficiency canceled pursuant to ORS 311.370.”
Otherwise, the deficiency shall be collected as provided by law.
(6) If an appeal which is perfected under ORS 311.467 for
taxes collected under ORS 311.465 results in a refund under ORS 311.806, the
reimbursement for the refund to the unsegregated tax collections account shall
be made from the account provided for in subsection (2) of this section.
Approved by the Governor May
30, 2001
Filed in the office of
Secretary of State May 30, 2001
Effective date January 1,
2002
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