Chapter 673 — Accountants; Other Tax Professionals

2025 EDITION

ACCOUNTANTS; OTHER TAX PROFESSIONALS

OCCUPATIONS AND PROFESSIONS

ACCOUNTANTS

(Generally)

673.010 Definitions for ORS 673.010 to 673.465; rules

673.015 Statement of public interest in regulating practice of accountancy

(Authority to Practice Public Accountancy)

673.045 Certified public accountant license; application; fees; rules

673.050 Certified public accountant examination; application process; fees; rules

673.060 C.P.A. examination; scope; rules

673.075 Credit for examination sections taken in other states

673.100 Public accountant license; application process; audit prohibition; fees; rules

673.138 Liability of persons operating in certain registered business organization

673.150 License renewal; application process; fee; rules

673.153 Holders of licenses issued by other states; fees

673.155 License by reciprocity; application; fees; rules

673.157 Licensing of certified public accountants from foreign countries; fees; rules

673.160 Registration of business organizations; exceptions; fees; rules

673.165 Continuing education; types of programs; hours; waiver; rules

673.170 Disciplinary actions; grounds; investigations; costs; consent agreements; orders; rules

673.175 Review of statement or report prepared by accountant required by consent agreement; liability of accountant performing review

673.185 Procedure for disciplinary actions and adoption of rules; continuing authority of board

673.210 Reissuance of revoked or suspended licenses

673.220 Inactive status; conditions; rules; roster; fees

673.310 Words or abbreviations of similar import to certified public accountant, public accountant, C.P.A. or P.A. prohibited

(Practice of Accountancy)

673.320 Requirements for providing attestation services or compilation services or issuing report; exceptions; use of terms certified public accountant, public accountant, C.P.A. or P.A.; exceptions

673.325 Statement allowed without license or authorization

673.345 Payment or acceptance of commissions; contingent fees; referral fees; rules

673.350 Application of ORS 673.010 to 673.465 to employees of registered business organizations

673.360 Injunctions

673.370 Acts constituting prima facie evidence that person is authorized to use words certified public accountant or public accountant

673.380 Disposition of statements, records, schedules, working papers and memoranda

673.385 Disclosure of client information prohibited; exceptions

673.390 Solicitation permitted

(Civil Penalties)

673.400 Civil penalties

(Oregon Board of Accountancy)

673.410 Oregon Board of Accountancy; confirmation; qualifications; enforcement authority; rules

673.415 Furnishing of signature block of income tax return or report by Department of Revenue; use of information; unlawful disclosure

673.425 Oregon Board of Accountancy Fund

673.440 Compilation of laws and rules; availability

673.442 Grants for scholarships in accounting; eligibility; rules

673.455 Peer review programs; review of persons and business organizations performing attestation services or compilation services

673.457 Review by peer review program; right of Oregon Board of Accountancy to conduct review

673.465 Authority of Oregon Board of Accountancy to require fingerprints

673.475 Authority of Oregon Board of Accountancy to disclose investigatory information relating to regulatory or enforcement function of public entity

TAX CONSULTANTS, TAX PREPARERS AND REGISTERED TAX AIDES

(Generally)

673.605 Definitions for ORS 673.605 to 673.740

673.610 Application of ORS 673.605 to 673.740

673.615 Prohibited acts; preparation of tax returns; refund anticipation loans

(Licensing and Certification)

673.625 Qualifications for tax consultant and tax preparer; examination

673.630 Tax consultant’s application

673.635 Tax preparer’s application

673.637 Licensing of person licensed in another state or enrolled to practice before Internal Revenue Service; requirements; fees

673.640 Issuance of licenses

673.643 Preparation of tax returns by corporation, firm or partnership; requirements; liability; prohibitions

673.645 Renewal of licenses; restoration of lapsed license; rules

673.655 Continuing education requirement; waiver

673.657 Registered tax aides; application; issuance of certificates; fee; rules

673.658 Renewal of certificates; continuing education; fee; rules

673.660 Licenses and certificates to be displayed

673.663 Use of title “tax consultant”

673.667 Inactive status; application; renewal; reactivation; revocation or suspension; prohibition; rules

673.685 Fees; rules

673.690 Tax consultant’s records

673.695 Secretary of State as agent for service of process against nonresident; fee

673.697 Continuing authority of board

673.700 Disciplinary action; tax consultants and tax preparers; grounds

673.702 Disciplinary action; registered tax aides; grounds

673.705 Prohibited acts

673.710 Names of tax preparers and other information furnished by Department of Revenue; use of information

(Refund Anticipation Loans)

673.712 Refund anticipation loan disclosures

673.715 Local government regulation of refund anticipation loans prohibited; preemption

(State Board of Tax Practitioners)

673.725 State Board of Tax Practitioners; term; qualification

673.730 Powers of board; rules

673.732 Cease and desist orders

673.735 Civil penalties

673.740 Educational program as remedy

EXCHANGE FACILITATORS

673.800 Definitions for ORS 673.800 to 673.825

673.805 Notice required upon change in control

673.810 Duty to maintain bonds or deposits; duty to maintain insurance or deposits

673.815 Custodial duties; standards

673.820 Prohibitions

673.825 Right of action

CRIMINAL PENALTIES

673.990 Criminal penalties

ACCOUNTANTS

(Generally)

673.010 Definitions for ORS 673.010 to 673.465; rules. As used in ORS 673.010 to 673.465:

(1) “Attestation services” means the following professional services required to be performed under rules adopted by the Oregon Board of Accountancy:

(a) Any audit or other engagement for which performance standards are included in the Statements on Auditing Standards (SAS);

(b) Any review of a financial statement for which performance standards are included in the Statements on Standards for Accounting and Review Services (SSARS);

(c) Any examination of prospective financial information for which performance standards are included in the Statements on Standards for Attestation Engagements (SSAE);

(d) Any examination, review or agreed upon procedures engagement other than an examination described in paragraph (c) of this subsection for which performance standards are included in the Statements on Standards for Attestation Engagements (SSAE); and

(e) Any engagement for which performance standards are included in the Auditing Standards of the Public Company Accounting Oversight Board.

(2) “Business organization” means any form of business organization authorized by law, including but not limited to a proprietorship, partnership, corporation, limited liability company, limited liability partnership or professional corporation.

(3) “Certified public accountant” means a person who holds an active certified public accountant license for the practice of public accountancy.

(4) “Client” means a person who receives professional services or a person who agrees to receive professional services.

(5) “Commission” means money or other consideration recognized by the Oregon Board of Accountancy as a commission by rule.

(6) “Compilation services” means professional services required to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS) under rules adopted by the board in which the person performing the services presents a financial statement that:

(a) Is based on the representation of the owner or management of the company for which the statement is presented; and

(b) Does not include assurances by the person that the representations in the financial statement conform to generally accepted accounting principles.

(7) “Contingent fee” means a fee established for the performance of any professional service and directly or indirectly paid to a person who holds a license pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. A fee is not contingent if the fee:

(a) Is fixed by courts or other public authorities; or

(b) In tax matters, is determined based on the results of judicial proceedings or the findings of governmental agencies.

(8) “License” means a document issued by this state or any other jurisdiction as evidence of authorization to practice public accountancy.

(9) “Manager” means a manager of a limited liability company.

(10) “Member” means a member of a limited liability company.

(11) “Oregon licensee” means the holder of a license issued by this state.

(12) “Peer review” means a study, appraisal or review of one or more aspects of the public accountancy work of an Oregon licensee or of a registered business organization that performs attestation services or compilation services, that is conducted by:

(a) A certified public accountant who holds an active license issued by the licensing authority for the practice of public accountancy in this state or another state and who is independent of the license holder or registered business organization being reviewed; or

(b) A public accountant who holds an active license issued by the board and who is independent of the license holder or registered business organization being reviewed.

(13) “Principal place of business” means the location of the principal office where a person practices public accounting or as otherwise further defined by the board by rule.

(14) “Professional” means arising out of or related to the specialized knowledge or skills associated with certified public accountants and public accountants, including but not limited to attestation, compilation, audit, management advisory, financial advisory, tax or consulting services or issuance of reports on financial statements, or as further defined by the board.

(15) “Public accountant” means a public accountant licensed under ORS 673.100.

(16) “Referral fee” means a fee recognized by the board as a referral by rule.

(17) “Registration” means the authority issued under ORS 673.160 by the board to a business organization to practice public accountancy in this state.

(18)(a) “Report,” when used with reference to attestation services or compilation services, means an opinion or other form of written language that states or implies assurance as to the reliability of the attested information or the compiled financial statements and that includes or is accompanied by a statement or implication that the person issuing the report has special knowledge or competence in public accountancy. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the issuer is a public accountancy professional or organization or may arise from the language of the report itself.

(b) “Report” includes any form of written language that:

(A) Disclaims an opinion when the form of language implies any positive assurance as to the reliability of the attested information or the compiled financial statements referred to, or of the special knowledge or competence on the part of the person issuing the language;

(B) Implies any positive assurance as to the reliability of the attested information or compiled financial statements referred to, or of the special knowledge or competence on the part of the person issuing the language; or

(A) The following statement signed by a person who does not hold a license issued by this state as long as the statement is not accompanied by any wording indicating the person is an accountant or auditor or any other language prohibited by ORS 673.310 or 673.320:

______________________________________________________________________________

The accompanying balance sheet (or ___) of XYZ Company as of (date), and the related statements of income (or retained earnings or cash flow) for the year then ended have been prepared by me (us).

The information presented in these financial statements is the representation of management (owners).

______________________________________________________________________________

(B) Any other financial statements or reports that are not and do not purport to be in compliance with national standards, including but not limited to Statements on Standards for Accounting and Review Services (SSARS) and Statements on Standards for Attestation Engagements (SSAE) adopted by the board by rule, when the statements or reports are issued by persons not otherwise subject to regulation by the board under ORS 673.010 to 673.465.

(19) “State” includes any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands, except where the context requires otherwise.

(20) “Substantially equivalent” means a license an individual holds from another state, and the other state requires the individual, as a condition of licensure as a certified public accountant, to achieve a passing grade on the Uniform Certified Public Accountant Examination and:

(a)(A) Complete at least 150 semester hours of college education, obtain a baccalaureate or higher degree conferred by a college or university and possess at least one year of experience verified by a license holder in providing any type of service involving the use of accounting, attestation, compilation, management advisory, financial advisory, tax or related consulting skills, obtained through public practice or government, industry or academic work;

(B) Obtain a baccalaureate degree and possess at least two years or more of experience verified by a license holder in providing any type of service involving the use of accounting, attestation, compilation, management advisory, financial advisory, tax or related consulting skills, obtained through public practice or government, industry or academic work;

(C) Obtain a master’s degree and possess at least one year or more of experience verified by a license holder in providing any type of service involving the use of accounting, attestation, compilation, management advisory, financial advisory, tax or related consulting skills, obtained through public practice or government, industry or academic work; or

(D) Meet requirements otherwise prescribed by the board; or

(b) If the other state does not require an individual to have the qualifications specified in paragraph (a)(A), (B), (C) or (D) of this subsection as a condition of licensure as a certified public accountant, the individual nonetheless has the qualifications specified in paragraph (a)(A), (B), (C) or (D) of this subsection. [Amended by 1981 c.89 §2; 1993 c.431 §1; 1999 c.322 §2; 2001 c.313 §1; 2001 c.638 §1a; 2005 c.30 §1; 2007 c.112 §1; 2009 c.531 §1; 2015 c.451 §1; 2025 c.132 §1]

673.012 [2001 c.313 §4; 2009 c.531 §2; repealed by 2015 c.451 §25]

673.015 Statement of public interest in regulating practice of accountancy. The public interest requires:

(1) The promotion of reliable information used for guidance in financial transactions and accounting for, or assessing the financial status or performance of, commercial, noncommercial and governmental enterprises;

(2) That persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information demonstrate their qualifications to do so, and that persons who have not demonstrated and maintained such qualifications not be permitted to hold themselves out as having special competence or to offer such assurance; and

(3) That the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work and that the use of titles relating to the practice of public accountancy that have the capacity or tendency to mislead or deceive the public as to the status or competence of the persons using the titles be prohibited. [1999 c.322 §1; 2015 c.451 §20]

673.020 [Amended by 1975 c.440 §3; 1985 c.605 §1; 1993 c.431 §2; repealed by 1999 c.322 §44]

673.030 [Amended by 1975 c.440 §4; 1981 c.89 §3; 1985 c.605 §2; 1993 c.431 §3; repealed by 1999 c.322 §44]

673.040 [Amended by 1999 c.322 §3; 2001 c.638 §4; 2003 c.209 §1; 2007 c.112 §2; 2015 c.451 §7; 2023 c.6 §1; repealed by 2025 c.132 §37]

(Authority to Practice Public Accountancy)

673.045 Certified public accountant license; application; fees; rules. (1) The Oregon Board of Accountancy may issue a certified public accountant license to a person who:

(a) Submits an application in a form prescribed by the board;

(b) Provides evidence satisfactory to the board of graduation from a college or university that is accredited by a regional accrediting association or by another accrediting body that is recognized by the board; and

(c) Provides evidence satisfactory to the board of experience meeting the requirements prescribed by the board by rule and verified by a certified public accountant, public accountant or chartered accountant, as follows:

(A) If the applicant has obtained a baccalaureate degree, two years or more of experience that meets requirements prescribed by the board by rule;

(B) If the applicant has obtained a master’s degree, one year or more of experience that meets requirements prescribed by the board by rule; or

(C) If the applicant has obtained a baccalaureate degree or higher and has completed 150 semester hours of college education or more, one year or more of experience that meets requirements prescribed by the board by rule.

(2) All experience obtained by an applicant as described in subsection (1) of this section must be verified by a certified public accountant, public accountant or chartered accountant who:

(a) Is licensed and in good standing with the professional licensing board that issued the person’s license; and

(b) Has been licensed for a minimum period of time set by the Oregon Board of Accountancy by rule.

(3) In addition to the requirements provided in subsections (1) and (2) of this section, the applicant shall provide evidence satisfactory to the board of the following:

(a) Passing an examination on the code of professional ethics adopted by the board;

(b) Meeting the requirements of ORS 673.050 for admission to the certified public accountant examination;

(d) Paying the application fee required by the board by rule.

(4) A license issued under this section expires every two years. To renew a certified public accountant license, a person shall comply with the requirements described in ORS 673.150. [2025 c.132 §6]

673.050 Certified public accountant examination; application process; fees; rules. (1) A person seeking admission to take the certified public accountant examination to obtain a certified public accountant license or public accountant license shall:

(a) Submit an application in a form prescribed by the Oregon Board of Accountancy;

(b) Furnish evidence satisfactory to the board of the applicant’s good moral character;

(d) Provide one of the following:

(A) For a person applying for admission to take the certified public accountant examination to obtain a certified public accountant license, present evidence satisfactory to the board of:

(i) Graduation with a baccalaureate or higher degree from a college or university that is accredited by a regional accrediting association or by another accrediting body that is recognized by the board; and

(ii) Completed courses in the study of accounting, business, economics, finance, written and oral communications and other subjects as prescribed by the board by rule as appropriate for the accountancy profession; or

(B) For a person applying for admission to take the certified public accountant examination to obtain a public accountant license, present evidence satisfactory to the board of:

(i) Graduation from a high school with a diploma or of having acquired an equivalent education; and

(ii) Two years of public accountancy experience or the equivalent that meets the experience requirements established by the board by rule.

(2) The board shall adopt rules to carry out the provisions of this section. [Amended by 1973 c.827 §66; 1979 c.84 §1; 1981 c.89 §4; 1997 c.640 §1; 1999 c.322 §§5,6; 2001 c.735 §2; 2007 c.112 §3; 2023 c.6 §2; 2025 c.132 §2]

673.060 C.P.A. examination; scope; rules. (1) The certified public accountant examination must test a person’s knowledge of the subjects of accounting and auditing and other related subjects as provided by the Oregon Board of Accountancy by rule.

(2) The board may contract with any organization, governmental or private, for examination development and administration. [Amended by 1967 c.62 §1; 1971 c.217 §2; 1975 c.440 §6; 1983 c.255 §1; 1989 c.771 §1; 1991 c.187 §1; 1993 c.300 §1; 1997 c.95 §1; 1999 c.322 §8; 2003 c.5 §1; 2007 c.112 §4; 2015 c.451 §8; 2025 c.132 §3]

673.070 [Repealed by 1979 c.84 §5]

673.075 Credit for examination sections taken in other states. (1) The Oregon Board of Accountancy may, in accordance with its rules, grant credit to an applicant for one or more sections of an examination for which the applicant received passing grades from the licensing authority in any other state.

(2) Any examination for which credit is granted an applicant under subsection (1) of this section shall be equivalent to examination requirements described in ORS 673.060. [1967 c.62 §§3,4; 1975 c.440 §7; 1993 c.300 §2; 1999 c.310 §2; 1999 c.322 §42; 2001 c.638 §5; 2007 c.112 §5; 2025 c.132 §4]

673.080 [Amended by 1971 c.217 §3; 1975 c.440 §8; 1981 c.89 §5; 1983 c.247 §1; 1991 c.187 §2; repealed by 1999 c.322 §44]

673.090 [Amended by 1975 c.440 §9; 1985 c.605 §3; 1991 c.187 §3; repealed by 1999 c.322 §44]

673.095 [1985 c.605 §6; 1991 c.187 §4; 1993 c.193 §2; repealed by 1999 c.322 §44]

673.100 Public accountant license; application process; audit prohibition; fees; rules. (1) The Oregon Board of Accountancy may issue a public accountant license to a person who submits an application in a form prescribed by the board and who provides evidence satisfactory to the board of the following:

(a) Passing an examination on the code of professional ethics adopted by the board;

(b) Meeting the requirements of ORS 673.050 for admission to take the certified public accountant examination to obtain a license as a public accountant;

(c) In addition to meeting the experience requirements of ORS 673.050, providing evidence of one year of public accountancy experience or the equivalent that meets the experience requirements established by the board by rule; and

(d) Paying the fee required by the board by rule.

(2) A person licensed as a public accountant under this section may not perform audits.

(3) A license issued under this section expires every two years. To renew a public accountant license, a person shall comply with the requirements described in ORS 673.150. [Amended by 1975 c.440 §10; 1981 c.89 §6; 1983 c.255 §2; 1991 c.187 §5; 1993 c.300 §3; 1999 c.310 §3; 1999 c.322 §9; 2001 c.735 §1; 2007 c.112 §6; 2025 c.132 §7]

673.103 [2001 c.735 §5; 2003 c.241 §1; repealed by 2025 c.132 §37]

673.110 [Repealed by 1981 c.89 §21]

673.120 [Amended by 1981 c.89 §6a; repealed by 1985 c.605 §21]

673.130 [Amended by 1975 c.440 §11; 1981 c.89 §7; 1985 c.605 §4; 1991 c.187 §6; repealed by 1999 c.322 §44]

673.132 [1993 c.431 §14; repealed by 1999 c.322 §44]

673.134 [1993 c.431 §15; repealed by 1999 c.322 §44]

673.136 [1993 c.431 §16; repealed by 1999 c.322 §44]

673.138 Liability of persons operating in certain registered business organization. Notwithstanding any other law, the liability and limitations on liability of a shareholder, owner, member or comparable person in a registered business organization that is not a proprietorship or partnership for negligent or wrongful acts, omissions or misconduct in the rendering of professional accountancy services on behalf of the registered business organization, shall be as set forth in ORS chapter 58, regarding the liability of a shareholder of a professional corporation for such negligence or wrongful acts, omissions or misconduct. [1993 c.431 §17; 1999 c.322 §10]

673.140 [Amended by 1981 c.89 §8; repealed by 1999 c.322 §44]

673.150 License renewal; application process; fee; rules. (1) To renew a license issued by the Oregon Board of Accountancy, an Oregon licensee shall submit to the board every two years:

(a) A completed renewal application;

(b) The renewal fee in the amount of $255; and

(c) Evidence satisfactory to the board that the Oregon licensee has complied with continuing education requirements under ORS 673.165, unless those requirements have been waived by the board.

(2)(a) A license lapses if the license is not timely renewed after the close of the license period for which it was issued, as determined by the board by rule.

(b) The board may restore a lapsed license upon payment of a delinquent renewal fee in an amount determined by the board by rule and any other conditions established by the board by rule.

(3) A license expires if it is not renewed for six years after the close of the license period.

(4) The board may restore an expired license if the board determines that it has just cause to restore the expired license as determined by the board by rule.

(5) The board may establish by rule a process for Oregon licensees to obtain and renew a retired license and establish by rule a reduced renewal fee for retired license holders. [Amended by 1971 c.217 §4; 1973 c.782 §1; 1975 c.438 §3a; 1975 c.440 §12; 1977 c.873 §6; 1981 c.89 §9; 1985 c.605 §7; 1991 c.187 §7; 1993 c.193 §3; 1999 c.322 §11; 2001 c.638 §6; 2009 c.531 §12; 2011 c.56 §1; 2015 c.355 §1; 2015 c.451 §9; 2025 c.132 §11]

673.153 Holders of licenses issued by other states; fees. (1) A holder of a license with a principal place of business in another state may practice public accountancy in this state if:

(a) The holder has an active certified public accountant license;

(b) The requirements to obtain the license in the other state are substantially equivalent to the requirements in this state; and

(2)(a) A holder authorized under subsection (1) of this section meets this state’s requirements to practice public accountancy and has all the rights and privileges of a person who holds a certified public accountant license issued by the Oregon Board of Accountancy and is not required to obtain a certified public accountant license in this state.

(b) The board may not require, as a condition for practicing public accountancy under this section, an authorized holder to:

(A) Provide notice that the holder practices or intends to practice public accountancy in this state;

(B) Pay an annual fee for the authorization; or

(3) An authorized holder practicing public accountancy under this section is deemed to:

(a) Consent to the personal and subject matter jurisdiction of the board;

(b) Agree to comply with the requirements of ORS 673.010 to 673.465 and any rules adopted thereunder;

(c) If the license under which the holder is authorized to practice public accountancy under this section is no longer valid, agree to immediately cease offering or rendering professional services in this state individually or on behalf of a business firm; and

(d) Agree to the appointment of the other state’s licensing authority as the agent of the holder, upon whom process may be served in any action or proceeding by the board against the holder.

(4)(a) A business organization that employs a holder authorized to practice public accountancy under this section is deemed to:

(A) Consent to the personal and subject matter jurisdiction of the board;

(B) Agree to comply with the requirements of ORS 673.010 to 673.465 and any rules adopted thereunder;

(C) If the license under which the holder is authorized to practice public accountancy under this section is no longer valid, agree to require the following persons to immediately cease offering or rendering professional services in this state:

(i) The holder; and

(ii) Any other person who is employed by the business organization and who is offering or rendering professional services in this state pursuant to the holder being authorized to practice public accountancy under this section; and

(D) Agree to the appointment of the licensing authority of the state issuing the license that is the basis of the holder’s authorization to practice public accountancy under this section as the agent of the business organization, upon whom process may be served in any action or proceeding by the board against the business organization that employs the holder during the time the holder is practicing public accountancy in this state.

(b) For purposes of this subsection, a person practicing as a sole proprietor is a business organization.

(5) A holder authorized to practice public accountancy under this section may not perform the following professional services for a business organization that has its home office in this state unless the business organization is registered under ORS 673.160:

(a) Financial statement audits or other engagements to be performed in accordance with the Statements on Auditing Standards (SAS);

(b) Examinations of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); and

(c) Engagements to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board. [2001 c.638 §3; 2001 c.638 §3a; 2009 c.531 §3; 2025 c.132 §12]

673.155 License by reciprocity; application; fees; rules. (1) The Oregon Board of Accountancy may issue a certified public accountant license to a person who is licensed in good standing as a certified public accountant in another state and who:

(a) Submits an application in a form prescribed by the board;

(b) Passes an examination on the code of professional ethics adopted by the board;

(d) Provides evidence satisfactory to the board of one of the following:

(A) That the certified public accountant license held by the person is issued by a state that has licensing requirements that are substantially equivalent to the Oregon certified public accountant initial licensure requirements; or

(B) That the person has been practicing as a certified public accountant for a period of four years or more within the last 10 years immediately preceding the person’s application for an Oregon certified public accountant license.

(2) A license issued under this section expires every two years. To renew a certified public accountant license, a person shall comply with the requirements described in ORS 673.150. [2025 c.132 §9]

673.157 Licensing of certified public accountants from foreign countries; fees; rules. (1) As used in this section, “foreign country” means a government other than:

(a) The United States; or

(b) A state.

(2) The Oregon Board of Accountancy may issue a certified public accountant license to a person who holds a certified public accountant license or chartered accountant certificate issued in a foreign country if the person:

(a) Submits an application in a form prescribed by the board;

(b) Is in good standing with the issuing professional licensing governing body in which the person holds a certified public accountant license or chartered accountant certificate;

(c) Meets requirements that are substantially equivalent to the education, experience and other requirements that must be satisfied for the issuance of an initial Oregon certified public accountant license;

(d) Passes an examination on the code of professional ethics adopted by the board; and

(e) Pays the fee required by the board by rule.

(3) The board may adopt rules as necessary to carry out this section. [2025 c.132 §10]

673.160 Registration of business organizations; exceptions; fees; rules. (1) Business organizations of certified public accountants or of public accountants shall register with the Oregon Board of Accountancy if the business organization:

(a) Has an office in this state and:

(A) Uses the terms “certified public accountants” or “public accountants” or abbreviations for such terms in this state; or

(B) Performs attestation services or compilation services in this state;

(b) Holds itself out to clients in this state or the public in this state as a business organization engaged in the practice of public accountancy; or

(c) Does not have an office in this state and performs attestation services described in ORS 673.010 (1)(a), (c) or (e) for a client having an office in this state.

(2) This section does not require a holder of an Oregon license to register under this section unless the Oregon licensee:

(a) Holds out to clients in this state or the public in this state as a business organization composed of more than one Oregon licensee except as authorized by ORS 673.320 (12); or

(b) Performs attestation services or compilation services in this state.

(3)(a) Notwithstanding subsection (1) of this section, a business organization of certified public accountants that does not have an office in this state may perform attestation services described in ORS 673.010 (1)(b) or (d) or compilation services for a client in this state and may use the terms “certified public accountants” or “certified public accounting firm,” abbreviations of those terms or any similar title, designation, words or letters without obtaining a registration issued by the board under this section if the business organization:

(A) Has the qualifications described in subsection (5) of this section; and

(B) Performs the services through a person authorized to practice public accountancy in this state under ORS 673.153.

(b) A business organization of certified public accountants that is not a business organization described in subsection (1) of this section or paragraph (a) of this subsection may perform professional services in this state, other than attestation services or compilation services, using the terms “certified public accountants” or “certified public accounting firm” or abbreviations of those terms without registering with the board under this section if the business organization:

(A) Performs the professional services through a person authorized to practice public accountancy in this state under ORS 673.153; and

(B) May lawfully perform the professional services in the state where the principal place of business of the person authorized to practice public accountancy in this state under ORS 673.153 is located.

(4) Registrations shall be issued and renewed for periods of not more than two years. Applications for registration shall be made in a form prescribed by the board by rule. Applications for renewal shall be made between the dates prescribed by the board by rule.

(5) The following requirements must be satisfied before a registration may be issued or renewed under this section:

(a)(A) Notwithstanding any other provision of law, a simple majority of the ownership of the business organization, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, must be licensed in any state, and the partners, officers, shareholders, members or managers of the business organization whose principal place of business is in this state and who perform public accountancy services in this state, must be Oregon licensees. If a majority of the ownership of the business organization is held by public accountants holding licenses issued under ORS 673.100, the business organization may not use the name “C.P.A. Firm” or any similar name indicating that a majority of the ownership of the firm holds certified public accountant licenses issued under ORS 673.045.

(B) A business organization registered under this section that does not meet the ownership requirement specified in subparagraph (A) of this paragraph may request an extension of time to comply with the ownership requirement in accordance with the process for granting an extension for compliance that the board shall adopt by rule.

(b) In the case of a business organization that includes owners who are not Oregon licensees, an Oregon licensee shall be responsible for the management and proper registration of the business organization.

(c) In the case of a business organization required to register under subsection (1) of this section, a person who is authorized to practice public accountancy in this state under ORS 673.153 is responsible for the management and proper registration of the business organization.

(d) All owners of the business organization who are not licensed must be active individual participants in the business organization or affiliated entities or have an employee stock ownership plan as described by the board by rule.

(e) Any person who is responsible for supervising attestation services or compilation services, and who signs or authorizes someone to sign the accountant’s report on behalf of the business organization in this state, must be licensed and meet the competency requirements established in the professional standards adopted by the board.

(6) An application for registration or renewal of registration under this section shall:

(a) List all states in which the business organization has applied for or holds a license to practice public accountancy; and

(b) Provide evidence that the requirements of subsection (5) of this section are satisfied.

(7) Each applicant for registration or renewal under this section and each registrant shall notify the board in writing, within the time period specified by the board by rule, of:

(a) The identities of partners, officers, shareholders, members, managers or owners of the business organization who work regularly in this state;

(b) The number or location of offices in this state;

(d) Any issuance, denial, revocation, lapse or suspension of authority to perform professional or other services in any jurisdiction against a partner, officer, shareholder, member, manager or owner of the applicant or registrant that seeks registration or is registered in this state; and

(e) The filing of a lawsuit relating to professional services of the business organization, the commencement of any civil action an essential element of which involves fraud, dishonesty or misrepresentation, or of any criminal action against the applicant or registrant that seeks registration or is registered in this state or against a partner, officer, shareholder, member, manager or owner of the applicant or registrant that seeks registration or is registered in this state.

(8) The board shall charge a fee for each application for issuance or renewal of registration under this section in the amount of $265. A registration under this section that is not renewed by the close of the registration period may be restored upon payment to the board of a delinquent renewal fee in an amount determined by the board by rule.

(9) Applicants for renewals of registrations under this section shall undergo a peer review as provided under ORS 673.455, unless the registrant notifies the board that the registrant is exempt from peer review requirements because the registrant does not perform attestation services or compilation services in this state. [Amended by 1975 c.440 §13; 1985 c.605 §8; 1993 c.431 §4; 1999 c.322 §12; 2001 c.104 §256; 2001 c.638 §7; 2003 c.8 §1; 2007 c.178 §1; 2007 c.305 §1; 2009 c.531 §4; 2015 c.355 §2; 2015 c.451 §10; 2025 c.132 §13]

673.165 Continuing education; types of programs; hours; waiver; rules. (1) Each Oregon licensee, under rules adopted by the Oregon Board of Accountancy, shall participate in a continuing education program that directly contributes to professional competency.

(2) The education programs shall include any of the following:

(a) Professional development programs and technical meetings of professional associations of public accountants, of certified public accountants or of public accountants and certified public accountants.

(b) University and college courses.

(c) Such professional staff training programs provided by accountancy organizations and other education programs that meet the requirements established by the board by rule.

(3) The board shall determine the hourly value to be assigned to each education program.

(4) The number of hours of continuing education required shall be determined by the board, but may not exceed 40 hours per year, or the equivalent, for both certified public accountants and public accountants.

(5) The board may waive continuing education requirements. However, continuing education requirements may not be waived by the board for more than three consecutive years except for military service, retirement, disability, absence from the state or for other instances of individual hardship. [1975 c.438 §2; 1981 c.89 §10; 1985 c.461 §3; 1985 c.605 §9; 1999 c.322 §13; 2015 c.451 §11; 2025 c.132 §14]

673.170 Disciplinary actions; grounds; investigations; costs; consent agreements; orders; rules. (1) The Oregon Board of Accountancy may take any of the following disciplinary actions:

(a) Revoke, suspend, refuse to renew or limit the privileges of any license issued by the board;

(b) Revoke, suspend, refuse to renew or limit the privileges of any registration issued by the board;

(c) Revoke, suspend or limit the privileges of any person authorized to practice public accountancy in this state under ORS 673.153 or the holder of any authorization described in ORS 673.153;

(d) Deny any applicant; or

(e) Issue letters of censure to any person including but not limited to:

(A) Persons licensed or registered by the board;

(B) Persons authorized to practice public accountancy in this state under ORS 673.153 or the holder of any authorization described in ORS 673.153; or

(C) A business organization providing accounting services in this state that is exempt from registering under ORS 673.160 (3).

(2) The board may take any of the actions described in subsection (1) of this section for any one or any combination of the following causes:

(a) Fraud, misrepresentation or deceit in obtaining or applying for any license, registration, authorization or admission to the roster of public accountants as provided in ORS 673.010 to 673.465.

(b) Dishonesty, fraud or gross negligence in the practice of public accountancy.

(c) Incompetence in the practice of public accountancy. A person practicing public accountancy in this state is incompetent in the practice of public accountancy if the person:

(A) Engages or has engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed to a client or the general public; or

(B) Engages or has engaged in conduct that evidences a lack of knowledge or ability to apply principles or skills of the practice of public accountancy, as adopted by the board.

(d) Violation of any of the provisions of ORS 673.010 to 673.465 or any rule adopted under the provisions of ORS 673.010 to 673.465.

(e) Violation of any of the provisions of ORS 297.405 to 297.555 or any rule or order adopted under the provisions of ORS 297.405 to 297.555.

(f) Violation of any provision of the Code of Professional Conduct or accounting standards adopted by the board by rule.

(g) Conduct resulting in a conviction of a felony under the laws of any state, of any foreign jurisdiction or of the United States. However, such conduct may be considered only to the extent permissible under the provisions of ORS 670.280.

(h) Conviction of any crime, an essential element of which is dishonesty, fraud or misrepresentation, under the laws of any state, of any foreign jurisdiction or of the United States.

(i) Conviction of willful failure to pay any tax, file any tax return, keep records or supply information required under the tax laws of any state, of any foreign jurisdiction or of the United States, or conviction of the willful making, rendering, delivery, disclosure, signing or verifying of any false or fraudulent list, return, account, statement or other document, or of supplying any false or fraudulent information, required under the tax laws of any state, of any foreign jurisdiction or of the United States.

(j) Cancellation, revocation or suspension of, or refusal to renew, authority to practice as a certified public accountant or a public accountant in any state or foreign jurisdiction.

(k) Cancellation, suspension, revocation or refusal to renew by any state, any foreign jurisdiction or any federal agency of the right to practice law, to practice as an enrolled agent before the Internal Revenue Service pursuant to 31 C.F.R. part 10, or to practice under other regulatory law if the cancellation, suspension, revocation or refusal to renew was related to the practice of public accountancy or if dishonesty, fraud or deception was involved.

(L) Failure to comply with the continuing education requirements under ORS 673.165 unless such requirements have been waived by the board.

(m) Failure to pay a civil penalty imposed by the board after the period for requesting a hearing on the civil penalty terminates if the person or business organization against whom the penalty is imposed has not requested a hearing, or after the period for seeking judicial review of the order assessing the civil penalty has passed.

(n) Failure to comply with the terms of a consent agreement described in subsection (4) of this section.

(o) Failure to comply with any reporting or other requirement established by the board by rule.

(p) Issuance of a cease and desist order against the person under subsection (9) of this section.

(q) Failure to comply with any board order.

(r) Practicing public accountancy without a license.

(s) Failure to comply with peer review requirements as established by the board by rule.

(3)(a) The board may investigate any alleged violation that may subject a person to discipline under this section.

(b) Investigatory information developed or obtained by the board is confidential and not subject to disclosure by the board unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order.

(A) The board may disclose to the public that an investigation is being conducted and describe the general nature of the matter being investigated; and

(B) The board shall notify the person being investigated of the investigation.

(4) In lieu of disciplinary actions under subsection (1) of this section, the board may enter into a consent agreement with any person, under which the person agrees to comply with conditions prescribed by the board.

(5) In addition to the causes in subsection (2) of this section, the board may take any of the actions described in subsection (1) of this section for dishonesty, fraud or misrepresentation not in the practice of public accountancy.

(6) In lieu of or in addition to any action described in subsection (1) of this section, the board may take any of the following actions:

(a) Require an Oregon licensee that provides compilation services or a business organization registered under ORS 673.160 to undergo a peer review conducted as the board may specify; or

(b) Require an Oregon licensee to complete any continuing professional education programs the board may specify.

(7)(a) An Oregon licensee offering or providing professional services in another state or using the title “certified public accountant” or any abbreviation for that term in another state is subject to disciplinary action in this state for actions taken by the Oregon licensee in the other state that constitute a cause for disciplinary action under this section.

(b) The board shall investigate any complaint made by a board of accountancy of another state.

(8) In the case of a registered business organization, the board may take any of the actions described in subsection (1) of this section for any of the following additional causes:

(a) The cancellation, revocation or suspension of, or refusal to renew, the authority to provide professional services, in this state or any other jurisdiction, of any partner, officer, shareholder, member, manager or owner of the business organization; or

(b) The cancellation, revocation or suspension of, or refusal to renew, the authority of the business organization to practice public accountancy or provide other professional services in any other state or jurisdiction.

(9)(a) If the board has reasonable cause to believe that any person has engaged, is engaging or is about to engage in any violation of any provision of ORS 673.010 to 673.465 or any rule or order adopted under ORS 673.010 to 673.465, the board may issue an order of emergency suspension or an order directed to the person, and to any other person directly or indirectly controlling the person, to cease and desist from the violation or threatened violation.

(b) An order issued under this subsection must include the following:

(A) A statement of the facts constituting the violation;

(B) If the order is an order of emergency suspension, a provision requiring the person to suspend practicing public accountancy in this state;

(C) If the order is an order directing the person to cease and desist, a provision requiring the person named in the order to cease and desist from the violation or threatened violation;

(D) The effective date of the order; and

(E) A notice to the person named in the order of the right to a contested case hearing under ORS 183.430 (2).

(10) Notwithstanding any protective order issued under ORCP 36 C, upon motion of the board, the court shall order disclosure of materials or information subject to a protective order under ORCP 36 C. The board may use the material or information to take disciplinary action under this section.

(11) If the board takes disciplinary action under this section, the board may assess against the person disciplined costs associated with the disciplinary action. An assessment under this subsection is in addition to, and not in lieu of, any other action taken by the board. Moneys collected under this subsection shall be deposited in the Oregon Board of Accountancy Fund established under ORS 673.425. [Amended by 1971 c.734 §112; 1975 c.438 §4a; 1975 c.440 §14; 1979 c.84 §2; 1981 c.89 §11; 1983 c.255 §3; 1985 c.605 §10; 1987 c.455 §3; 1993 c.431 §5; 1999 c.322 §14; 2001 c.638 §8; 2005 c.39 §1; 2005 c.837 §12; 2009 c.531 §5; 2011 c.40 §1; 2015 c.451 §13; 2025 c.132 §15]

673.173 [2005 c.39 §3; repealed by 2015 c.451 §25]

673.175 Review of statement or report prepared by accountant required by consent agreement; liability of accountant performing review. If the Oregon Board of Accountancy, as part of a consent agreement entered into under ORS 673.170, requires a certified public accountant or public accountant to obtain review of any financial statement or report prepared by the certified public accountant or public accountant before the statement or report is issued, the review of the statement or report shall be performed by a certified public accountant or public accountant approved by the board to conduct the review. The liability of any certified public accountant or public accountant conducting the review shall be limited to any fees paid to the reviewer for conducting the review. This section shall not affect the liability of the certified public accountant or public accountant subject to the review. [1989 c.362 §2]

673.180 [Amended by 1971 c.734 §113; 1985 c.605 §11; repealed by 1999 c.322 §44]

673.185 Procedure for disciplinary actions and adoption of rules; continuing authority of board. (1) When the Oregon Board of Accountancy proposes to refuse to issue a license or registration under ORS 673.160, proposes to refuse to renew a license or registration or proposes to revoke or suspend a license or registration, opportunity for hearing shall be accorded as provided in ORS chapter 183.

(2) When the board institutes or continues a disciplinary action under ORS 673.170, the board is not deprived of its authority to institute or continue the disciplinary action against an Oregon licensee or other person subject to the jurisdiction of the board by:

(a) The surrender, retirement or other forfeiture, expiration, lapse or revocation of a license issued by the board; or

(b) The cessation of services offered or provided in this state by a person authorized to practice public accountancy in this state under ORS 673.153.

(3) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.

(4) The decision of the board under subsection (1) of this section shall be by majority vote. [1971 c.734 §115; 1999 c.322 §15; 2001 c.638 §9; 2009 c.531 §6; 2021 c.97 §75; 2025 c.132 §16]

673.190 [Amended by 1971 c.418 §21; repealed by 1971 c.734 §21]

673.200 [Repealed by 1971 c.734 §21]

673.210 Reissuance of revoked or suspended licenses. (1) The Oregon Board of Accountancy may reissue any license that it has revoked or may modify the suspension of any license that it has suspended.

(2) The power of the board to suspend any authority to provide professional services includes the power to reissue:

(a) At a time certain; or

(b) When the Oregon licensee or business organization subject to suspension fulfills conditions for reissuance set by the board. [Amended by 1979 c.84 §3; 1999 c.322 §16; 2025 c.132 §17]

673.220 Inactive status; conditions; rules; roster; fees. (1) Upon application, the Oregon Board of Accountancy may grant inactive status to an Oregon licensee. A person granted inactive status may not practice public accountancy unless permitted by board rule.

(2) The board may not grant inactive status to an Oregon licensee:

(a) Whose license is suspended or revoked; or

(b) Who is a sole practitioner, unless permitted by the board.

(3) The board by rule must adopt procedures and requirements for granting and renewing inactive status for an Oregon licensee and for restoring an inactive Oregon licensee to active Oregon licensee status.

(4) An Oregon licensee granted inactive status by the board:

(a) Shall pay a fee in an amount determined by the board by rule for becoming or remaining inactive or for restoring active status; and

(b) May not assume or use the title or designation “certified public accountant” or “public accountant,” or the abbreviation “C.P.A.” or “P.A.,” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a certified public accountant or public accountant or use the “C.P.A.” or “P.A.” designation unless the word “inactive” is placed next to the “C.P.A.” or “P.A.” designation.

(5) The board may restore a lapsed license to inactive status as provided in ORS 673.150.

(6) The board shall maintain a current roster of all Oregon licensees granted inactive status.

(7) The provisions of ORS 673.010 to 673.465 and the rules adopted under the provisions of ORS 673.010 to 673.465 apply to Oregon licensees granted inactive status. [1985 c.461 §2; 1987 c.455 §4; 1993 c.193 §4; 1999 c.322 §17; 2005 c.39 §6; 2009 c.531 §13; 2011 c.56 §2; 2015 c.451 §15; 2025 c.132 §18]

673.310 Words or abbreviations of similar import to certified public accountant, public accountant, C.P.A. or P.A. prohibited. No person, partnership, professional corporation or other business form shall assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant” or any other title or designation likely to be confused with “certified public accountant” and “public accountant,” or any of the abbreviations “C.A.,” “R.A.,” or “L.A.,” or similar abbreviations likely to be confused with “C.P.A.” or “P.A.” [Amended by 1991 c.372 §1; 1993 c.431 §6]

(Practice of Accountancy)

673.320 Requirements for providing attestation services or compilation services or issuing report; exceptions; use of terms certified public accountant, public accountant, C.P.A. or P.A.; exceptions. (1)(a) A person or business organization in this state may not provide attestation services or compilation services for or issue a report on financial statements of any other person, firm, organization or governmental unit unless the person or business organization:

(A) Holds a license or registration issued under ORS 673.010 to 673.465;

(B) Is authorized to practice public accountancy in this state under ORS 673.153; or

(b) The prohibitions of this subsection do not apply to:

(A) An officer, partner, employee, shareholder, member, manager or owner of any firm or organization affixing that person’s own signature to any statement or report in reference to the financial affairs of the firm or organization with wording designating the position, title or office that the person holds in the firm or organization;

(B) Any act of a public official or employee in the performance of official duties; or

(C) The performance by any person, other than a person who holds a license or a registrant, of other services, including the preparation of tax returns, management advisory services and the preparation of financial statements, without the issuance of reports thereon.

(2) Any transmission of financial statements or information using language as specified in ORS 673.325 or as recognized by the Oregon Board of Accountancy is not a report.

(3) A person may not assume or use the title or designation “certified public accountant,” or the abbreviation “C.P.A.,” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a certified public accountant, unless the person:

(a) Holds a certified public accountant license issued under ORS 673.045; or

(b) Is authorized to practice public accountancy in this state under ORS 673.153.

(4) A business organization may not assume or use the title or designation “certified public accountant,” or the abbreviation “C.P.A.,” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the business organization is composed of certified public accountants unless the business organization:

(a) Is registered under ORS 673.160; or

(b) Is exempt from the registration requirement under ORS 673.160 (3).

(5) A person may not assume or use the title or designation “public accountant,” or the abbreviation “P.A.,” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a public accountant unless that person holds a valid public accountant license issued under ORS 673.100.

(6) A business organization may not assume or use the title or designation “public accountant,” or the abbreviation “P.A.,” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the business organization is composed of public accountants, unless the business organization is registered under ORS 673.160.

(7)(a) A person or business organization may not assume or use any title or designation likely to be confused with the titles “certified public accountant” or “public accountant,” or any abbreviations likely to be confused with the abbreviations “C.P.A.” or “P.A.,” unless the person or business organization:

(A) Holds a valid license or registration issued under ORS 673.010 to 673.465;

(B) Is authorized to practice public accountancy in this state under ORS 673.153; or

(b) This subsection does not restrict the use of any title, designation or abbreviation awarded by institutions that are recognized by the board by rule.

(8)(a) A person or business organization may not assume or use any title or designation that includes the words “accountant,” “auditor” or “accounting” in connection with any other wording, including that of a report, that implies that the person or business organization holds a license or registration or has special competence as an accountant or auditor, unless the person or business organization:

(A) Holds a license or registration issued under ORS 673.010 to 673.465;

(B) Is authorized to practice public accountancy in this state under ORS 673.153; or

(b) This subsection does not prohibit:

(A) A partner, officer, employee, shareholder, member, manager or owner of any firm or organization from affixing that person’s own signature to any statement or report in reference to the financial affairs of the firm or organization with wording designating the position, title or office that the person holds in the firm or organization;

(B) Any act of a public official or employee in the performance of official duties; or

(C) Use of the words “accountant” or “accounting” by a person or business offering services that are not restricted to a person or business organization holding a license to practice public accountancy.

(9) A person or business organization holding a license or registration under ORS 673.010 to 673.465 may not use a professional or business name or designation that is misleading about the legal form of the business organization, about the persons who are partners, officers, shareholders, members, managers or owners of the business organization or about any other matter. Notwithstanding any provision of this subsection, the names of one or more former partners, shareholders, members or managers may be included in the name of a registered business organization or its successor.

(10) A person holding a license may not perform attestation services or compilation services in any business organization that does not hold a valid registration under ORS 673.160.

(11) Subsections (1) to (10) of this section apply to a person or business organization holding a license granted in another state entitling the holder to engage in the practice of public accountancy or its equivalent in the other state unless:

(a) The person is authorized to practice public accountancy in this state under ORS 673.153;

(b) The business organization is exempt from the registration requirement under ORS 673.160 (3); or

(c)(A) The activities of the person or business organization in this state are limited to the provision of professional services to clients in this state, where the clients are residents of, governments of or business entities in the other jurisdiction in which the person holds the entitlement;

(B) The person or business organization does not provide attestation services or compilation services or issue reports regarding the financial statements of any other persons, organizations or governmental units in this state; and

(C) The person or business organization does not hold out to clients, potential clients or the public in this state that the person or business organization is licensed or registered under ORS 673.010 to 673.465 and does not use any title or designation other than the one under which the person or business organization practices in the other jurisdiction, followed by the name of the other jurisdiction and, if applicable, any translation of the title or designation into the English language.

(12) Notwithstanding subsection (11) of this section, a person or business organization holding a license granted in another state that entitles the holder to engage in the practice of public accountancy as a certified public accountant in the other state may prepare, advise or assist in the preparation of tax returns without obtaining a license or registration under ORS 673.010 to 673.465 and may use the title or designation “certified public accountant” or the abbreviation “C.P.A.” in connection with tax services described in this subsection as long as the person or business organization does not have an office in this state. [Amended by 1999 c.322 §18; 2001 c.104 §257; 2001 c.638 §10; 2007 c.178 §2; 2009 c.531 §7; 2015 c.451 §21; 2025 c.132 §19]

673.325 Statement allowed without license or authorization. The following statement signed by a person who does not hold a license issued by the Oregon Board of Accountancy or the authorization granted under ORS 673.153 shall not constitute a report under ORS 673.320, so long as the statement is not accompanied by any wording indicating the person is an accountant or auditor or other language prohibited by ORS 673.310 or 673.320:

______________________________________________________________________________

The accompanying balance sheet of XYZ Company as of (date), and the related statements of income (or retained earnings or cash flow) for the year then ended have been prepared by me (us).

The information presented in these financial statements is the representation of management (owners).

______________________________________________________________________________ [1997 c.610 §2; 1999 c.322 §18a; 2001 c.104 §258; 2001 c.638 §11; 2025 c.132 §20]

673.330 [Amended by 1975 c.440 §17; 1985 c.605 §12; 1993 c.431 §7; repealed by 1999 c.322 §44]

673.340 [Amended by 1975 c.440 §18; 1993 c.431 §8; repealed by 1999 c.322 §44]

673.345 Payment or acceptance of commissions; contingent fees; referral fees; rules. (1)(a) A certified public accountant, a public accountant or a business organization registered under ORS 673.160, when the conditions set forth in paragraph (b) of this subsection are present, may not:

(A) Pay a commission to obtain a client;

(B) Accept a commission for a referral to a client of products or services of others; or

(b) The prohibition on commissions set forth in paragraph (a) of this subsection applies only when the holder or business organization, or any of the partners, officers, shareholders, members, managers or owners of the holder or business organization, performs:

(A) Client attestation services; or

(B) A compilation of a financial statement for a client, if the compilation report does not disclose a lack of independence.

(2)(a) A certified public accountant, a public accountant or a business organization registered under ORS 673.160 may:

(A) Perform for a contingent fee any professional service for a client; or

(B) Receive a contingent fee for any professional service performed for a client.

(b) Notwithstanding paragraph (a) of this subsection, a holder or business organization may not accept a contingent fee under paragraph (a) of this subsection from a client for whom the holder or business organization, or any of the partners, officers, shareholders, members, managers or owners of the holder or business organization, performs:

(A) Client attestation services; or

(B) A compilation of a financial statement for the client, if the compilation report does not disclose a lack of independence.

(3) A certified public accountant, a public accountant or a business organization registered under ORS 673.160 may not prepare for a contingent fee an original or amended tax return or a claim for a tax refund for any client.

(4) The prohibitions described in subsections (1) to (3) of this section apply during the period in which the certified public accountant, public accountant or business organization registered under ORS 673.160 is engaged to perform any of the services described in subsection (1)(b) or (2)(b) of this section and during the period covered by any historical financial statements involved in any of the services. The Oregon Board of Accountancy by rule may modify the period when the prohibitions described in subsections (1) to (3) of this section are applicable.

(5)(a) Any certified public accountant, public accountant or business organization registered under ORS 673.160 that expects or accepts a fee for recommending or referring any product or service to any person or entity, or that pays a referral fee or other valuable consideration to obtain a client, shall disclose the expectation, acceptance or payment to the client.

(b) The board by rule shall specify the manner and form in which disclosures under this subsection shall be made. The rules shall require that disclosures required by this subsection:

(A) Be made in clear and conspicuous writing;

(B) Be made on or before the time at which the recommendation or referral that is the basis of the fee is made, or before the time the client retains the certified public accountant or public accountant to whom the client has been referred and for which a referral fee or other valuable consideration has been paid; and

(6) This section does not prohibit:

(a) Payments for the purchase of all or any part of an accountancy practice; or

(b) Retirement payments to individuals presently or formerly engaged in the practice of public accountancy or payments to their heirs or estates. [1989 c.524 §2; 2001 c.313 §2; 2025 c.132 §21]

673.350 Application of ORS 673.010 to 673.465 to employees of registered business organizations. Nothing contained in ORS 673.010 to 673.465 shall prohibit any person not a certified public accountant or public accountant from serving as an employee of a business organization registered under ORS 673.160. However, such an employee shall not issue any report on an accounting or financial statement over that employee’s name. [Amended by 1975 c.440 §19; 1985 c.605 §13; 1993 c.431 §9; 1999 c.322 §20]

673.360 Injunctions. (1) Whenever in the judgment of the Oregon Board of Accountancy any person has engaged, or is about to engage, in any acts or practices that constitute or may constitute a violation of any of the provisions of ORS 673.010 to 673.465, the board may apply to the court for an order enjoining the acts or practices, and upon a showing by the board that the person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or other order may be granted by the court without bond.

(2) The board may apply to the court for an injunction against a person for failure to comply with a cease and desist order. [Amended by 1999 c.322 §21; 2005 c.39 §4]

673.370 Acts constituting prima facie evidence that person is authorized to use words certified public account or public accountant. (1) The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device, bearing a person’s name in conjunction with the words “certified public accountant” or “public accountant” or any abbreviation thereof, shall be prima facie evidence in any action brought under ORS 673.360 or 673.990 that the person whose name is so displayed caused or procured the display or uttering and that the person is an individual or business organization that purports to be authorized to use the words under ORS 673.010 to 673.465.

(2) In any action referred to in subsection (1) of this section, evidence of the commission of a single act prohibited by ORS 673.010 to 673.465 shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct. [Amended by 1985 c.605 §14; 1993 c.431 §10; 1999 c.322 §22]

673.380 Disposition of statements, records, schedules, working papers and memoranda. (1) All statements, records, schedules, working papers and memoranda made by a certified public accountant or public accountant under ORS 673.010 to 673.465 or a partner, shareholder, officer, director, member, manager or owner, or an employee of the certified public accountant or public accountant incident to or in the course of rendering services to a client, except reports submitted by the certified public accountant or public accountant to the client and records that are part of the client’s records, shall be and remain the property of the certified public accountant or public accountant in the absence of an express agreement between the certified public accountant or public accountant and the client to the contrary.

(2) A statement, record, schedule, working paper or memorandum described in subsection (1) of this section shall not be sold, transferred or bequeathed, without the consent of the client or the client’s personal representative or assignee, to anyone other than one or more surviving partners or stockholders, or new partners or stockholders, of the certified public accountant or public accountant or any combined or merged organization or successor in interest to the certified public accountant or public accountant.

(3) Nothing in this section prohibits a temporary transfer of working papers or other material necessary in the course of carrying out peer reviews or the disclosure of information under ORS 673.385.

(4) A certified public accountant or public accountant shall furnish to a client or former client of the certified public accountant or public accountant, upon request and reasonable notice:

(a) A copy of the certified public accountant’s or public accountant’s working papers, to the extent that the working papers include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client; and

(b) Any accounting or other records belonging to or obtained from or on behalf of the client that the certified public accountant or public accountant removed from the client’s premises or received for the client’s account. The certified public accountant or public accountant may make and retain copies of the documents of the client when the documents form the basis for work done by the certified public accountant or public accountant.

(5) Nothing in this section shall require a certified public accountant or public accountant to keep any working papers beyond the period prescribed in any other applicable statute. [Amended by 1999 c.322 §23; 2025 c.132 §22]

673.385 Disclosure of client information prohibited; exceptions. (1) Except as provided in subsection (2) of this section or by permission of the client engaging a certified public accountant or public accountant, or the heirs, successors or personal representatives of the client, a certified public accountant or public accountant or any partner, officer, shareholder, member, manager or owner, or employee of the certified public accountant or public accountant may not voluntarily disclose information communicated to the certified public accountant or public accountant by the client relating to and in connection with services rendered to the client by the certified public accountant or public accountant.

(2) Nothing in subsection (1) of this section shall prohibit the disclosure of information:

(a) Required to be disclosed by the standards of the public accountancy profession in reporting on the examination of financial statements;

(b) In court proceedings, in state or federal agency proceedings, in investigations or proceedings under ORS 673.170 or 673.400, in ethical investigations conducted by private professional organizations or in the course of peer reviews;

(d) Required by the Oregon Board of Accountancy to be disclosed for regulatory purposes of the board. [1999 c.322 §33; 2025 c.132 §23]

673.390 Solicitation permitted. The Oregon Board of Accountancy may not adopt a rule prohibiting an Oregon licensee from soliciting an engagement to perform professional services. [1981 c.89 §16; 1993 c.431 §11; 1999 c.322 §24; 2025 c.132 §34]

(Civil Penalties)

673.400 Civil penalties. The Oregon Board of Accountancy may impose a civil penalty, not to exceed $5,000 for each offense, for violation of a provision of ORS 673.010 to 673.465, a rule adopted under ORS 673.010 to 673.465 or an order of the board. All moneys collected under this section shall be deposited in the Oregon Board of Accountancy Fund established in ORS 673.425. [1981 c.89 §15; 1985 c.605 §15; 1991 c.734 §69; 1999 c.322 §25; 1999 c.414 §1; 2005 c.39 §5; 2009 c.531 §10; 2011 c.40 §2; 2015 c.451 §14]

(Oregon Board of Accountancy)

673.410 Oregon Board of Accountancy; confirmation; qualifications; enforcement authority; rules. (1) There is created an Oregon Board of Accountancy consisting of seven members.

(2) Members of the board shall be appointed by the Governor for terms of three years, subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution.

(3) The board members must be appointed as follows:

(a) Six must be a certified public accountant or public accountant under the laws of this state and be actively engaged in public accountancy practice.

(b) One must be a member of the general public.

(4) A person is not eligible for reappointment after the person’s third consecutive term until a period that is at least as long as the person’s appointed term has elapsed.

(5) The authority of the board to enforce the provisions of ORS 673.010 to 673.465 includes the authority to:

(a) Regulate the practice of public accountancy by persons or business organizations holding licenses or registrations issued under ORS 673.010 to 673.465.

(b) Adopt rules to implement the provisions of ORS 673.010 to 673.465.

(c) Adopt rules of professional conduct for the purpose of controlling the quality and probity of services offered by persons or business organizations holding licenses or registrations issued under ORS 673.010 to 673.465. Rules of professional conduct adopted under this paragraph may concern:

(A) The independence, integrity and objectivity required to practice public accountancy;

(B) The competency and technical expertise required to practice public accountancy;

(D) Responsibilities to clients.

(d) Adopt rules governing professional standards applicable to persons or business organizations holding licenses or registrations issued under ORS 673.010 to 673.465.

(e) Appoint and fix the compensation of officers to serve at the pleasure of the board.

(f) Appoint advisory committees as the board deems necessary.

(g) Delegate administrative and enforcement duties as the board deems appropriate.

(h) Collect fees required under the provisions of ORS 673.010 to 673.465 for deposit in the Oregon Board of Accountancy Fund established under ORS 673.425.

(i) Impose discipline authorized by ORS 673.010 to 673.465 and issue cease and desist orders under ORS 673.170.

(j) Impose civil penalties as authorized by ORS 673.400 and deposit moneys collected from the imposition of civil penalties into the Oregon Board of Accountancy Fund established under ORS 673.425.

(k) Issue subpoenas to compel the attendance of witnesses or the production of records, documents, books, papers, memoranda or other information necessary to conduct an investigation under ORS 673.170.

(L) Conduct hearings, administer oaths or affirmations to witnesses and take testimony necessary to conduct an investigation under ORS 673.170.

(m) Conduct criminal records checks as authorized by ORS 673.465.

(6) The board shall exercise its authority under subsection (5) of this section, or as otherwise provided for by ORS 673.010 to 673.465, in a manner that is consistent with protecting the public interest, as described in ORS 673.015. [Amended by 1963 c.580 §35; 1971 c.753 §30; 1981 c.89 §12; 1985 c.460 §1; 1987 c.414 §66; 1991 c.372 §2; 1997 c.3 §1; 1999 c.322 §26; 2015 c.451 §2; 2025 c.132 §24]

Note: Section 25, chapter 132, Oregon Laws 2025, provides:

Sec. 25. Nothing in the amendments to ORS 673.410 by section 24 of this 2025 Act affects the term of office of any member of the Oregon Board of Accountancy appointed prior to and serving on the effective date of this 2025 Act [January 1, 2026]. However, as vacancies occur, appointments shall be made in accordance with the qualifications specified in ORS 673.410, as amended by section 24 of this 2025 Act. [2025 c.132 §25]

673.415 Furnishing of signature block of income tax return or report by Department of Revenue; use of information; unlawful disclosure. (1) The Department of Revenue may furnish to the Oregon Board of Accountancy a copy of the signature block of an income tax return prepared by any person for another. The signature block may be furnished in instances in which the department or the board has reasonable grounds to believe the person preparing the return prepared it in violation of any provision of ORS 673.010 to 673.465. The signature block shall include the name, address and signature of the person who prepared the income tax return and the date the return was prepared. The department may include with the signature block the name and address of the taxpayer, the number of the tax form prepared, the tax year of the income tax return prepared and the information described in ORS 314.835. The board, and its members, officers and employees, shall use the names and addresses furnished under this section solely in the enforcement of ORS 673.010 to 673.465 and shall not otherwise divulge or make known such information. A violation of this prohibition against disclosure is punishable as provided in ORS 314.991 (2).

(2) The Department of Revenue may furnish to the board a copy of the signature block of a tax return or report permitted or required to be filed with the department and prepared by any person for another. The signature block may be furnished in instances where the department or the board has reasonable grounds to believe the person preparing the return or report prepared it in violation of any provision of ORS 673.010 to 673.465, or any rule adopted thereunder. The signature block shall include the name, address and signature of the person who prepared the tax return or report and the date the return or report was prepared. The department may include with the signature block the name and address of the taxpayer, the number of the tax form or report prepared, the tax year of the return or report prepared and the information described in ORS 314.835. The board, its members, officers and employees, shall use the names and addresses furnished under this section solely in the enforcement of ORS 673.010 to 673.465 and shall not divulge or make known such information. Any person who violates this prohibition against disclosure, upon conviction, is punishable as provided in ORS 314.991 (2). [1985 c.602 §12; 1985 c.605 §19; 1999 c.322 §27a; 1999 c.441 §1; 2009 c.640 §3]

673.420 [Repealed by 1971 c.753 §74]

673.425 Oregon Board of Accountancy Fund. The Oregon Board of Accountancy Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys collected or received by the Oregon Board of Accountancy shall be deposited in the fund. Interest earned on moneys in the fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the board to provide grants under ORS 673.442 and for the administration and enforcement of ORS 673.010 to 673.465. [2015 c.451 §4; 2025 c.370 §3]

673.430 [Repealed by 1971 c.753 §74]

673.440 Compilation of laws and rules; availability. The Oregon Board of Accountancy shall produce, at least biennially, a compilation of ORS 673.010 to 673.465 and rules of the board. A copy of the compilation shall be made available to all Oregon licensees under ORS 673.010 to 673.465 in the manner the board considers most cost-effective. [Amended by 1975 c.440 §20; 1985 c.605 §17; 1993 c.79 §1; 1993 c.431 §12; 1999 c.322 §28; 2025 c.132 §26]

673.442 Grants for scholarships in accounting; eligibility; rules. (1) As used in this section, “post-secondary education institution” means:

(a) A public university listed in ORS 352.002;

(b) A community college operated under ORS chapter 341;

(d) An Oregon-based, generally accredited, not-for-profit private institution of higher education.

(2) The Oregon Board of Accountancy may establish a program for awarding grants to organizations to fund need-based scholarships for students seeking higher education in accounting at a post-secondary education institution that is accredited by a regional accrediting association or by another accrediting body that is recognized by the board.

(3) The board may by rule establish the eligibility criteria for the grant program. [2025 c.370 §2]

673.445 [1981 c.89 §18; 2009 c.531 §9; repealed by 2015 c.451 §25]

673.450 [Amended by 1969 c.314 §76; repealed by 1971 c.753 §74]

673.455 Peer review programs; review of persons and business organizations performing attestation services or compilation services. (1) The Oregon Board of Accountancy may recognize peer review programs or approve applications for operation of peer review programs, including programs provided by the American Institute of Certified Public Accountants.

(2) Each Oregon licensee, each person authorized to practice public accountancy in this state under ORS 673.153, each business organization registered under ORS 673.160, and each business organization exempt from registration requirements under ORS 673.160 (3), that performs attestation services or compilation services shall participate in a peer review program described in this section. The peer review shall be conducted by the board or by a peer review program recognized or approved by the board under subsection (1) of this section. A person authorized to practice public accountancy in this state under ORS 673.153 who practices as a sole proprietor must meet peer review standards pertaining to business organizations. The person or business organization undergoing the peer review shall bear the cost of the peer review. [1981 c.89 §17; 1983 c.254 §1; 1985 c.605 §18; 1989 c.771 §2; 1993 c.193 §1; 1999 c.322 §29; 2001 c.638 §12; 2003 c.4 §1; 2005 c.39 §7; 2009 c.531 §8; 2015 c.451 §17; 2025 c.132 §27]

673.457 Review by peer review program; right of Oregon Board of Accountancy to conduct review. A review of an accountancy practice as required by ORS 673.455 does not preclude the Oregon Board of Accountancy from conducting a review of specified aspects of the professional services of any person who holds a license affiliated with the license holder or business organization or of the license holder or business organization itself and taking disciplinary action or imposing a civil penalty as provided for by the board by rule and pursuant to ORS 673.170 and 673.400. [1999 c.322 §30; 2001 c.638 §13; 2015 c.451 §18; 2025 c.132 §28]

673.460 [Amended by 1967 c.637 §27; repealed by 1971 c.753 §74]

673.465 Authority of Oregon Board of Accountancy to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Accountancy may require the fingerprints of a person who:

(1) Is applying for a license or registration that is issued by the board;

(2) Is applying for renewal of a license or registration that is issued by the board;

(3) Is under investigation by the board; or

(4)(a)(A) Is employed or applying for employment by the board; or

(B) Provides services or seeks to provide services to the board as a contractor or vendor; and

(b) Is, or will be, working or providing services in a position:

(A) In which the person has or will have access to individual Social Security numbers, dates of birth, credit card information or information that is confidential under state or federal laws, rules or regulations; or

(B) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm or make unlawful use of the information technology systems or the information contained in the systems. [2005 c.730 §53; 2007 c.619 §6; 2009 c.531 §11; 2025 c.132 §29]

673.470 [Repealed by 1971 c.753 §74]

673.475 Authority of Oregon Board of Accountancy to disclose investigatory information relating to regulatory or enforcement function of public entity. (1) Notwithstanding ORS 673.170, upon a determination by the Oregon Board of Accountancy that the board possesses confidential information, or information that is not otherwise subject to disclosure, that is investigatory and that reasonably relates to the regulatory or enforcement function of another public entity, the board may disclose that information to the other public entity.

(2) A public entity that receives information pursuant to subsection (1) of this section shall take all reasonable steps to maintain the confidentiality of the information to the extent necessary to carry out the regulatory or enforcement functions of the public entity.

(3) For purposes of this section, “public entity” means:

(a) A board or agency of this state, or a board or agency of another state, with regulatory or enforcement functions similar or related to the functions of the Oregon Board of Accountancy;

(b) A district attorney;

(d) A law enforcement agency of this state, another state or the federal government; and

(e) A federal government agency with regulatory or enforcement functions related to the functions of the board, including but not limited to the Internal Revenue Service, the Securities and Exchange Commission, the Public Company Accounting Oversight Board and the United States Department of Labor. [2017 c.224 §1]

673.480 [Amended by 1975 c.440 §21; repealed by 1981 c.89 §21]

TAX CONSULTANTS, TAX PREPARERS AND REGISTERED TAX AIDES

(Generally)

673.605 Definitions for ORS 673.605 to 673.740. As used in ORS 673.605 to 673.740 unless the context requires otherwise:

(1) “Board” means the State Board of Tax Practitioners created by ORS 673.725.

(2)(a) “Facilitator” means a person that individually or in conjunction or cooperation with another person processes, receives or accepts for delivery an application for a refund anticipation loan or a check in payment of refund anticipation loan proceeds or in any other manner materially facilitates the making of a refund anticipation loan.

(b) “Facilitator” does not mean a financial institution as defined in ORS 706.008, a person who has been issued a license under ORS chapter 725, an affiliate that is a servicer for a financial institution or for a person issued a license under ORS chapter 725, a person issued a license as a certified public accountant or public accountant by the Oregon Board of Accountancy, or any person that acts solely as an intermediary and does not deal with a taxpayer in the making of a refund anticipation loan.

(3) “Lender” means a person that makes a refund anticipation loan with the person’s own funds or a line of credit or other funding from a financial institution as defined in ORS 706.008, but does not include a financial institution as defined in ORS 706.008.

(4) “Refund anticipation loan” means a loan that the lender arranges to be repaid directly from the proceeds of the taxpayer’s federal or state personal income tax refund.

(5)(a) “Refund anticipation loan fee” means the charges, fees or other consideration charged or imposed by the lender or facilitator for the making of a refund anticipation loan.

(b) “Refund anticipation loan fee” does not mean any charge, fee or other consideration usually charged or imposed by the facilitator in the ordinary course of business for nonloan services, including fees for tax return preparation and fees for electronic filing of tax returns.

(6) “Registered tax aide” means any person who is registered under ORS 673.605 to 673.740 as a registered tax aide.

(7) “Tax consultant” means a person who is licensed under ORS 673.605 to 673.740 to prepare or advise or assist in the preparation of personal income tax returns for another and for valuable consideration.

(8) “Taxpayer” means an individual who files a federal or Oregon personal income tax return.

(9) “Tax preparer” means any person who is licensed under ORS 673.605 to 673.740 as a tax preparer. [1973 c.387 §1; 1975 c.464 §2; 1977 c.100 §1; 1985 c.559 §1; 2001 c.136 §9; 2005 c.331 §1; 2025 c.132 §35; 2025 c.347 §1]

673.610 Application of ORS 673.605 to 673.740. ORS 673.605 to 673.740 do not apply to:

(1) Any full- or part-time employee hired to fill a permanent position, who in connection with the duties as an employee has the incidental duty of preparing income tax returns for the business of the employer only.

(2) Any attorney at law rendering services in the performance of the duties of an attorney at law.

(3) While acting as such, any fiduciary, or the regular employees thereof, acting on behalf of the fiduciary estate, the testator, trustor, grantor, or beneficiaries thereof.

(4) A certified public accountant who holds an active license issued by any state, a public accountant holding a valid license issued under ORS 673.100 or a public accounting firm registered in any state.

(5) Any employee of a certified public accountant, public accountant or registered public accounting firm described in subsection (4) of this section.

(6) Any person employed by a local, state or federal governmental agency but only in performance of official duties. [1973 c.387 §3; 1977 c.100 §1; 1999 c.322 §31; 2001 c.638 §14; 2007 c.178 §3; 2025 c.132 §36]

673.615 Prohibited acts; preparation of tax returns; refund anticipation loans. Except as otherwise provided in ORS 673.605 to 673.740:

(1) A person may not prepare or advise or assist in the preparation of personal income tax returns for another and for valuable consideration or represent that the person is so engaged unless the person is licensed as a tax consultant under ORS 673.605 to 673.740.

(2) A tax preparer may prepare or advise or assist in the preparation of tax returns only under the supervision of a tax consultant, or a person described in ORS 673.610 (2) or (4), and subject to such conditions and limitations as the State Board of Tax Practitioners by rule may impose.

(3) A registered tax aide may assist a tax consultant in the preparation of tax returns only under the supervision of a tax consultant and subject to such conditions and limitations as the board by rule may impose.

(4) A person may not be a facilitator of a refund anticipation loan without first being issued a license as a tax consultant or tax preparer under ORS 673.640.

(5) A tax consultant may employ and supervise no more than two registered tax aides at the same time under the conditions and limitations prescribed by the board by rule. [1973 c.387 §2; 1975 c.464 §6; 1977 c.100 §4; 2005 c.331 §5; 2025 c.347 §5]

(Licensing and Certification)

673.625 Qualifications for tax consultant and tax preparer; examination. (1) Every applicant for a license as a tax consultant and every applicant for licensing as a tax preparer must:

(a) Be 18 years of age or older;

(b) Possess a high school diploma or a modified diploma or have passed an equivalency examination;

(c) Present evidence satisfactory to the State Board of Tax Practitioners that the applicant has successfully completed at least 80 hours in basic personal income tax law, theory and practice at a school training session or educational institution approved by the board; and

(d) Possess a preparer tax identification number issued by the Internal Revenue Service.

(2) In addition to the requirements of subsection (1) of this section, every applicant for licensing as a tax preparer must pass to the satisfaction of the board an examination. The examination must be constructed in a manner that in the judgment of the board measures the applicant’s knowledge of Oregon and federal personal income tax law, theory and practice.

(3) In addition to the requirements of subsection (1) of this section, every applicant for licensing as a tax consultant must:

(a) Present evidence satisfactory to the board of active employment, as described in ORS 673.615 (2), as a tax preparer or employment in this or another state in a capacity that is, in the judgment of the board equivalent to that of a tax preparer or tax consultant, for not less than a cumulative total of 1,100 hours during at least two of the last five years. The board shall consider certification by a tax consultant or person described in ORS 673.610 (2) or (4) that the applicant was employed as a tax preparer under supervision for the period indicated in the certificate to be satisfactory evidence of the applicant’s employment as a tax preparer for the period indicated. If an applicant has worked less than a cumulative total of 1,100 hours in at least two of the last five years, the board may consider the number of hours employed, the number of years employed, the number of tax returns prepared and whether the work involved contributed directly to the professional competence of the individual in determining if a tax preparer or tax consultant has met the work experience requirement.

(b) Pass to the satisfaction of the board an examination that is constructed in a manner that in the judgment of the board measures the applicant’s knowledge of Oregon and federal personal income tax law, theory and practice. The examination for a tax consultant’s license must be of a more exacting nature and require higher standards of knowledge of personal income tax law, theory and practice than the examination for a tax preparer’s license.

(4) If, in the judgment of the board, an applicant has, in combination, the education and experience to qualify for a tax consultant’s or preparer’s license, but does not meet or cannot present evidence of strict compliance with the requirements of subsection (1)(c) or subsection (3)(a) of this section, the board may allow some of the applicant’s education or experience to substitute one for the other. However, this subsection does not allow a waiver of, or substitution for, any qualifications needed for a tax consultant’s or preparer’s license other than those described in subsection (1)(c) or subsection (3)(a) of this section. [1973 c.387 §4; 1975 c.464 §7; 1977 c.100 §5; 1985 c.559 §2; 1989 c.352 §1; 2011 c.95 §§1,2; 2017 c.726 §12]

673.630 Tax consultant’s application. Every person desiring to be licensed as a tax consultant shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. Each application shall be accompanied by the examination fee as provided under ORS 673.685. [1973 c.387 §5; 1975 c.464 §8; 1985 c.559 §3; 2005 c.21 §3]

673.635 Tax preparer’s application. Every person desiring to be licensed as a tax preparer shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. The application shall be accompanied by the examination fee as provided under ORS 673.685. [1973 c.387 §6; 1985 c.559 §4; 2005 c.21 §4]

673.637 Licensing of person licensed in another state or enrolled to practice before Internal Revenue Service; requirements; fees. (1) The State Board of Tax Practitioners may issue a license to an applicant for a license as a tax consultant or as a tax preparer who:

(a) Presents evidence satisfactory to the board that the applicant is licensed as a tax consultant or preparer in a state that has requirements for licensing substantially similar to the requirements for licensing in this state; and

(b) Has passed to the satisfaction of the board an examination covering Oregon personal income tax law, theory and practice, the provisions of ORS 673.605 to 673.740 and the code of professional conduct prescribed by the board.

(2) Notwithstanding ORS 673.625 (1) and (3), but as otherwise provided in ORS 673.605 to 673.740, the board shall license as a tax consultant any person who is, on the date of the application for a tax consultant’s license, enrolled to practice before the Internal Revenue Service pursuant to 31 C.F.R. part 10 if the person has passed to the satisfaction of the board an examination covering Oregon personal income tax law, theory and practice, the provisions of ORS 673.605 to 673.740 and the code of professional conduct prescribed by the board.

(3) Except as otherwise provided in this section, an examination is not required for licensing under this section.

(4) Any person desiring to be licensed under this section shall make written application to the board and shall pay to the board at the time required by the board the examination and license fees provided by rule of the board. [1975 c.464 §16; subsection (2) enacted as 1977 c.100 §3; 1983 c.110 §5; 2011 c.95 §3]

673.640 Issuance of licenses. (1) The State Board of Tax Practitioners shall license as a tax consultant or a tax preparer each applicant who:

(a) Demonstrates to the satisfaction of the board fitness for a license;

(b) Pays to the board an initial license fee as provided under ORS 673.685; and

(2) The board shall issue evidence of licensing to each person licensed. [1973 c.387 §7; 1975 c.464 §11; 1985 c.559 §5; 2001 c.136 §6]

673.643 Preparation of tax returns by corporation, firm or partnership; requirements; liability; prohibitions. (1) A sole proprietorship, partnership, corporation or other legal entity, through individuals who are authorized within this state to render those services, may engage in the preparation, or in advising or assisting in the preparation of personal income tax returns for another and for valuable consideration and represent that it is so engaged if the entity:

(a) Registers annually with the State Board of Tax Practitioners in the manner prescribed by the board;

(b) Designates and reports in the manner prescribed by the board the authorized individual or individuals who are responsible for the tax return preparation activities and decisions of the entity; and

(2) A sole proprietorship, partnership, corporation or other legal entity shall not be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with subsection (1) of this section, nor shall a licensed tax consultant be relieved of responsibility for professional services performed by reason of employment by or relationship with such sole proprietorship, partnership, corporation or other legal entity.

(3) A sole proprietorship, partnership, corporation or other legal entity shall not engage in tax return preparation activities under subsection (1) of this section if the tax consultant, or the proprietor, a partner, a principal, an officer, director or manager, or a shareholder of the entity, is:

(a) An individual whose license as a tax consultant or tax preparer under ORS 673.605 to 673.740 is permanently revoked.

(b) An individual to whom the board has refused to issue or renew a license on the basis of dishonest conduct or conduct involving tax preparation.

(c) An individual whose occupational license, permit or registration has been revoked or refused by another state regulatory agency or the Internal Revenue Service for dishonest conduct or conduct involving tax preparation.

(d) A sole proprietorship, partnership, corporation or other legal entity prohibited from engaging in tax return preparation activities under subsection (1) of this section by reason of this subsection.

(4) The shareholders referred to in subsection (3) of this section are:

(a) If the corporation is publicly traded, a shareholder that owns more than 10 percent in value of the outstanding stock of the corporation.

(b) If the corporation is not publicly traded, any shareholder.

(5) For purposes of subsections (3) and (4) of this section, “publicly traded” means traded on an established securities market.

(6) If a sole proprietorship, partnership, corporation or other legal entity must sever a relationship in order that it may engage or may continue to engage in tax preparation activities in compliance with this section, the entity shall be allowed a reasonable time to sever the relationship. Except as provided under subsection (7) of this section, the time allowed to sever a relationship shall not exceed 180 days after the board gives notice that the severance is required. The notice shall include a statement affording an opportunity for hearing on the issue of severance. The notice and all proceedings conducted under this section shall be in accordance with ORS chapter 183.

(7) If a hearing is requested under subsection (6) of this section, or if an appeal is taken of the board’s order following hearing, the board or court may allow additional time for the affected parties to comply with any order requiring severance. [1975 c.464 §10; 1989 c.351 §1; 1991 c.138 §1]

673.645 Renewal of licenses; restoration of lapsed license; rules. (1) Any licensed tax consultant and tax preparer shall apply to the State Board of Tax Practitioners and pay the fee for a renewal of the license. The application shall be made annually, on or before a date established by the board by rule. The application shall be accompanied by evidence satisfactory to the board that the person applying for renewal of the license has completed the continuing education required by ORS 673.655.

(2) At least 30 days before the annual renewal date, the board shall notify the licensee that the annual renewal application and fee are due.

(3) Any license that is not renewed within 15 days after the annual renewal date shall lapse.

(4) The board may restore any lapsed license upon payment to the board of all past unpaid renewal fees and a fee for restoration of a lapsed license that shall be provided under ORS 673.685 and upon proof of compliance with any continuing education requirements that may be adopted by the board by rule. [1973 c.387 §8; 1975 c.464 §12; 1977 c.873 §7; 1985 c.559 §6; 1999 c.411 §1; 2003 c.29 §1]

673.650 [1973 c.387 §9; repealed by 1975 c.464 §26]

673.651 [1975 c.464 §14; repealed by 1977 c.842 §21 and 1977 c.873 §26]

673.655 Continuing education requirement; waiver. (1) Except as provided in subsection (2) of this section, upon annual renewal of a tax preparer’s or tax consultant’s license, each person licensed as a tax consultant or tax preparer under ORS 673.605 to 673.740 shall submit evidence satisfactory to the State Board of Tax Practitioners that the person has completed at least 30 hours of instruction or seminar in subjects related to income tax preparation since the preceding license renewal date. If the board does not receive evidence that the continuing education requirement has been completed by the applicant, the board shall not renew the applicant’s active license.

(2) The board may exempt a tax consultant or tax preparer from the continuing education required by this section upon application showing evidence satisfactory to the board of inability to comply because of unusual or extenuating circumstances. [1973 c.387 §10; 1975 c.464 §17; 1985 c.559 §7]

673.657 Registered tax aides; application; issuance of certificates; fee; rules. (1) The State Board of Tax Practitioners may issue a certificate to a person who qualifies as a registered tax aide if the individual:

(a) Submits an application in the manner prescribed by the board;

(b) Is 18 years of age or older;

(c) Has earned at least a high school diploma or its equivalent, as indicated by evidence of the following, in a form deemed sufficient by the board:

(A) Completion of high school or an equivalent educational level; or

(B) Passage of an approved high school equivalency test;

(d) Presents evidence satisfactory to the board that the applicant has successfully completed at least 40 hours of training approved by the board by rule;

(e) Pays a fee established by the board under ORS 673.685;

(f) Passes an examination;

(g) Demonstrates to the satisfaction of the board fitness for registration; and

(h) Has no disciplinary actions pending before the board.

(2) The board shall issue evidence of certification to each person who qualifies as a registered tax aide.

(3) The board shall adopt rules to:

(a) Determine the subjects, scope and content of the training and examinations; and

(b) Determine a passing score for each examination approved by the board.

(4) Evidence of completing the requirements described in subsection (1)(c), (d) and (f) of this section may be provided in a manner approved by the board by rule.

(5) If, in the judgment of the board, an applicant has, in combination, the education and experience to qualify as a registered tax aide, but does not meet or cannot present evidence of strict compliance with the requirements of subsection (1)(d) of this section, the board may allow some of the applicant’s education or experience to substitute one for the other. However, this subsection does not allow a waiver of, or substitution for, any qualifications needed to be a registered tax aide other than those described in subsection (1)(d) of this section. [2025 c.347 §3]

673.658 Renewal of certificates; continuing education; fee; rules. (1) Each year a person shall renew a registered tax aide certificate at a time designated by the State Board of Tax Practitioners.

(2) A person renewing a certificate shall:

(a) Submit an application to the board before the expiration date of the certificate;

(b) Pay the renewal fee established under ORS 673.685;

(d) Submit evidence that the person has a qualifying supervisor.

(3) At least 30 days before the annual renewal date, the board shall notify the renewal applicant that the annual renewal application and fees are due.

(4) Any certificate that is not renewed within 15 days after the annual renewal date expires. [2025 c.347 §4]

673.660 Licenses and certificates to be displayed. Each tax consultant, tax preparer and registered tax aide shall display the license or certificate issued to the tax consultant, tax preparer and registered tax aide in accordance with rules adopted by the State Board of Tax Practitioners. [1973 c.387 §11; 1975 c.464 §18; 2025 c.347 §6]

673.663 Use of title “tax consultant.” (1) An individual may not assume or use the title or designation “tax consultant” unless the person is licensed as a tax consultant under ORS 673.605 to 673.740.

(2) A sole proprietorship, partnership, corporation or other legal entity may not assume or use the title or designation “tax consultant” unless the entity is in compliance with ORS 673.643. [1991 c.297 §2]

673.665 [1973 c.387 §12; repealed by 1975 c.464 §26]

673.667 Inactive status; application; renewal; reactivation; revocation or suspension; prohibition; rules. (1) Whenever a tax consultant or tax preparer ceases to engage in the preparation or in advising or assisting in the preparation of personal income tax returns, the consultant or preparer may apply to the State Board of Tax Practitioners for inactive status. A license that is granted inactive status may be renewed upon payment of the license fee as provided under ORS 673.685. No proof that the continuing education required by ORS 673.655 has been fulfilled need be presented to the board for renewal of an inactive license.

(2) A license in inactive status may be reactivated upon payment of a reactivation fee, that shall be provided under ORS 673.685, and upon proof of compliance with such continuing education requirements as may be adopted by the board by rule.

(3) A license in inactive status may be revoked or suspended by the board when conditions exist under which the board would have been authorized to revoke or suspend the license if it were active.

(4) A person whose license is inactive may not act as a tax consultant or as a tax preparer.

(5) A registered tax aide is ineligible for inactive status. [1975 c.464 §25; 1985 c.559 §8; 2025 c.347 §7]

673.670 [1973 c.387 §13; repealed by 1975 c.464 §26]

673.675 [1973 c.387 §14; repealed by 1975 c.464 §26]

673.680 [1973 c.387 §15; repealed by 1975 c.464 §26]

673.685 Fees; rules. (1) The State Board of Tax Practitioners shall adopt by rule fees for:

(a) Application for examination for a tax consultant’s license.

(b) Application for examination for a tax preparer’s license.

(d) Issuance or renewal of a tax preparer’s license.

(e) Issuance or renewal of a registered tax aide’s certificate.

(f) Issuance or renewal of a tax consultant’s inactive license.

(g) Issuance or renewal of a tax preparer’s inactive license.

(h) Reactivation of a tax consultant’s inactive license or reactivation of a tax preparer’s inactive license.

(i) Restoration of lapsed license.

(j) Issuance or replacement of a duplicate license or certificate.

(k) Registration or registration renewal for a sole proprietorship, partnership, corporation or other legal entity.

(L) Issuance or renewal of a combined tax consultant’s or tax preparer’s license and registration for a sole proprietorship, partnership, corporation or other legal entity. Eligibility for a combined license shall be determined under rules adopted by the board.

(m) Annual registration of a branch office of a sole proprietorship, partnership, corporation or other legal entity.

(2) The fees established by the State Board of Tax Practitioners under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees may not exceed the cost of administering the regulatory program of the State Board of Tax Practitioners pertaining to the purposes for which the fees are established, as authorized by the Legislative Assembly within the board’s budget, as that budget may be modified by the Emergency Board. [1973 c.387 §16; 1975 c.464 §19; 1985 c.377 §2; 1987 c.59 §3; 1991 c.138 §2; 1991 c.187 §8; 1997 c.260 §1; 2001 c.84 §1; 2007 c.273 §1; 2023 c.602 §15; 2025 c.347 §14]

673.690 Tax consultant’s records. (1) Except as provided in this section, every person licensed as a tax consultant shall keep records of all personal income tax returns prepared by the person, or in the preparation of which advice or assistance of the person has been given. The records of the returns shall be kept for a period of not less than four years after the date of the preparation, advice or assistance.

(2) If a tax consultant is employed by another tax consultant, the records shall be kept by the employing tax consultant.

(3) If a tax consultant who has been designated as responsible for the tax return preparation activities and decisions of a partnership, corporation or other legal entity ceases to be connected with the partnership, corporation or other legal entity, the records shall be retained by the partnership, corporation or other legal entity. [1973 c.387 §17; 1975 c.464 §20; 2001 c.136 §7]

673.695 Secretary of State as agent for service of process against nonresident; fee. (1) The acceptance by a nonresident of a license as tax consultant or a tax preparer shall be considered equivalent to the appointment by the nonresident of the Secretary of State as attorney upon whom may be served any summons, process or pleading in any action or suit against the nonresident in any court of this state, arising out of any business done by the nonresident as a tax consultant or tax preparer in this state.

(2) The acceptance of a license shall be considered equivalent to any agreement by the nonresident that any summons, process or pleading in the action or suit may be made by leaving a copy thereof, with a fee of $2, with the Office of Secretary of State. Such service shall be sufficient and valid personal service upon the defendant if notice of such service and a copy of the summons, process or pleading is sent forthwith by registered mail or by certified mail with return receipt by the plaintiff or the attorney of the plaintiff to the defendant at the most recent address furnished to the State Board of Tax Practitioners by the nonresident tax consultant or tax preparer or to the last-known address. An affidavit of the plaintiff or the attorney of the plaintiff of the mailing shall be appended to the summons, process or pleading and entered as a part of the return thereof. However, personal service outside of the state in accordance with the statute relating to personal service of summons outside of the state shall relieve the plaintiff from such mailing requirement.

(3) Any summons received or provided in this section shall require the defendant to appear and answer the complaint within four weeks after receipt thereof by the Secretary of State. The court in which the action or suit is brought may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee of $2 paid by the plaintiff to the Secretary of State shall be taxed as costs in favor of the plaintiff if the plaintiff prevails in the action. The Secretary of State shall keep a record of each summons, process or pleading served upon the Secretary of State under this section, showing the day and hour of service. [1973 c.387 §18; 1987 c.414 §67; 1991 c.249 §61]

673.697 Continuing authority of board. The lapsing, expiration, suspension or revocation of a license or certificate by operation of law or by order of the State Board of Tax Practitioners or by decision of a court of law, or the voluntary surrender of a license by a licensee or a certificate by a certificate holder, does not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee or certificate holder, or to revise or render null and void an order suspending or revoking the license or certificate. [1995 c.239 §2; 2025 c.347 §8]

673.700 Disciplinary action; tax consultants and tax preparers; grounds. The State Board of Tax Practitioners may refuse to issue or renew a tax consultant or preparer’s license, or may suspend or revoke a tax consultant or preparer’s license, or may reprimand any person licensed as a tax consultant or tax preparer for:

(1) Violation of ORS 673.615, 673.705 or 673.712.

(2) Failure to keep the records required by ORS 673.690.

(3) Negligence or incompetence in tax consultant or tax preparer practice or when acting in the capacity of a tax preparer or tax consultant in another state, or under an exempt status or in preparation of the personal income tax return for another state or the federal government.

(4)(a) Conduct resulting in a conviction of a felony under the laws of any state or of the United States. However, such conduct may be considered only to the extent permissible under the provisions of ORS 670.280; or

(b) Conviction of any crime, an essential element of which is dishonesty, fraud or deception, under the laws of any state or of the United States.

(5) Conviction of willful failure to pay any tax or estimated tax, file any tax return, keep records or supply information required under the tax laws of any state or of the United States, or conviction of the willful making, rendering, delivery, disclosure, signing or verifying of any false or fraudulent list, return, account, statement or other document, or of supplying any false or fraudulent information, required under the tax laws of any state or of the United States.

(6) Failure to comply with continuing education requirements under ORS 673.655 or under ORS 673.667 unless such requirements have been waived by the board.

(7) Violation of the code of professional conduct prescribed by the board.

(8) Failure to pay any civil penalty incurred under ORS 673.735 within the time determined by the board.

(9) Cancellation, revocation or refusal to renew by any state or federal agency of, or entry of a consent order, stipulated agreement or judgment related to, the person’s authority to practice law, to practice as a certified public accountant or a public accountant or to practice under other regulatory law in any state, or to practice as an enrolled agent, if the grounds for the cancellation, revocation, refusal to renew, consent order, stipulated agreement or judgment were related to income tax preparation or if dishonesty, fraud or deception was involved.

(10) Cancellation, revocation or refusal to renew by any state or federal agency of, or entry of a consent order, stipulated agreement or judgment related to, a business’s authority to conduct operations related to the practice of law, certified public accountancy, public accountancy or other services provided under regulatory law in any state, or to provide enrolled agent services, if the grounds for the cancellation, revocation, refusal to renew, consent order, stipulated agreement or judgment involved the conduct or actions of the licensee or applicant and:

(a) Were related to income tax preparation; or

(b) Involved dishonesty, fraud or deception.

(11) Failing to supervise the activities of registered tax aides or supervising and employing more than two registered tax aides at the same time as required under ORS 673.615 and rules adopted by the board. [1973 c.387 §20; 1975 c.464 §21; 1983 c.110 §6; 1985 c.559 §9; 2001 c.136 §1; 2005 c.331 §6; 2025 c.347 §9]

673.702 Disciplinary action; registered tax aides; grounds. The State Board of Tax Practitioners may refuse to issue or renew or may suspend or revoke a registered tax aide’s certificate or may reprimand any person who is a registered tax aide for:

(1) Violation of ORS 673.615 (3) or 673.705.

(2)(a) Conduct resulting in a conviction of a felony under the laws of any state or of the United States. However, such conduct may be considered only to the extent permissible under the provisions of ORS 670.280; or

(b) Conviction of any crime, an essential element of which is dishonesty, fraud or deception, under the laws of any state or of the United States.

(3) Conviction of violating the tax laws of any state or of the United States by engaging in conduct that includes:

(a) Willfully failing to pay any tax or estimated tax, file any tax return, keep records or supply information;

(b) Willfully making, rendering, delivering, disclosing, signing or verifying of any false or fraudulent list, tax return, account, statement or other document; or

(4) Failure to comply with continuing education requirements under ORS 673.658.

(5) Violation of the code of professional conduct prescribed by the board.

(6) Failure to pay any civil penalty incurred under ORS 673.735 within the time determined by the board.

(7) Cancellation, revocation or refusal to renew by any state or federal agency of, or entry of a consent order, stipulated agreement or judgment related to, the person’s authority to practice under other regulatory law in any state, if the grounds for the cancellation, revocation, refusal to renew, consent order, stipulated agreement or judgment were related to income tax preparation or if dishonesty, fraud or deception was involved. [2025 c.347 §11]

673.705 Prohibited acts. It is unlawful for any person to:

(1) Obtain or attempt to obtain by any dishonest or fraudulent representation a license as a tax consultant or a tax preparer or a certificate as a registered tax aide.

(2) Represent that the person is licensed as a tax consultant or a tax preparer if the person is not so licensed or represent that the person is qualified as a registered tax aide if the person is not so certified.

(3) Present or attempt to use the license or certificate of another person.

(4) Attempt to use a suspended, lapsed, expired or revoked license or certificate.

(5) Falsely impersonate a licensee or certificate holder under ORS 673.605 to 673.740.

(6) Engage in dishonesty, fraud or deception relating to the preparation of personal income tax returns.

(7) Violate a position of trust, including a position of trust outside the licensee’s or certificate holder’s professional practice. [1973 c.387 §19; 1975 c.464 §22; 1983 c.110 §7; 2001 c.136 §2; 2005 c.21 §5; 2025 c.347 §12]

673.710 Names of tax preparers and other information furnished by Department of Revenue; use of information. (1) If a personal income tax return is prepared by someone other than the taxpayer, the Department of Revenue may furnish to the State Board of Tax Practitioners a copy of that portion of the return that shows:

(a) The name, business name and address of the preparer;

(b) The date of preparation; and

(2) In instances where the department or the board has reasonable grounds to believe the person preparing the return prepared it in violation of ORS 673.605 to 673.740, the department may furnish the following additional information:

(a) The name and address of the taxpayer;

(b) The identifying number used on any form, report or schedule filed as part of the return;

(d) The information described in ORS 314.835.

(3) The board, its members, officers and employees, shall use the names and addresses furnished under this section solely in the enforcement of ORS 673.605 to 673.740 and shall not otherwise divulge or make known such information. Any person who violates this prohibition against disclosure, upon conviction, is punishable as provided in ORS 314.991 (2). [1975 c.425 §2; 1979 c.690 §15; 1999 c.106 §1; 2009 c.640 §4]

(Refund Anticipation Loans)

673.712 Refund anticipation loan disclosures. (1) Prior to a taxpayer’s completion of an application for a refund anticipation loan, the facilitator shall clearly disclose in writing to the taxpayer on a form separate from the application:

(a) A listing or table of refund anticipation loan fees and the annual percentage rates, as defined by the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., charged by the facilitator or lender for three or more representative refund anticipation loan amounts. For each loan amount, the schedule shall list separately the amount of each fee and the amount of interest charged by the facilitator or lender and the total amount of fees and interest charged.

(b) That the refund anticipation loan is a loan and not the taxpayer’s actual personal income tax refund.

(d) The average time announced by the appropriate taxing authority within which the taxpayer can expect to receive a refund if the taxpayer does not obtain a refund anticipation loan and the taxpayer’s return is filed:

(A) Electronically and the refund is directly deposited in the taxpayer’s bank account; or

(B) By mail and the refund is directly deposited in the taxpayer’s bank account or mailed to the taxpayer.

(e) That the Internal Revenue Service does not guarantee:

(A) That the full amount of the anticipated refund will be paid; or

(B) A specific date on which the taxpayer will receive the refund.

(f) That the taxpayer is responsible for repayment of the loan and related fees in the event the tax refund is not paid or is not paid in full.

(g) The estimated time within which the proceeds of the loan will be paid to the taxpayer if the loan is approved.

(h) The fees charged by the facilitator or lender if the refund anticipation loan is not approved.

(2) Prior to entering into a refund anticipation loan agreement, the facilitator shall clearly disclose to the taxpayer:

(a) The estimated total fees for the loan.

(b) The estimated annual percentage rate, as defined by the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., for the loan. [2005 c.331 §3]

673.715 Local government regulation of refund anticipation loans prohibited; preemption. (1) A unit of a local government, as defined in ORS 174.116, may not adopt any rule, regulation, code or ordinance to restrict or limit any requirements under ORS 673.605 to 673.740 relating to refund anticipation loans.

(2) ORS 673.605 to 673.740 supersede and preempt any rule, regulation, code or ordinance of any unit of a local government, as defined in ORS 174.116, relating to refund anticipation loans. [2005 c.331 §4]

(State Board of Tax Practitioners)

673.725 State Board of Tax Practitioners; term; qualification. (1) There is created a State Board of Tax Practitioners. The board shall consist of seven members who shall be appointed by the Governor.

(2) The term of office for each member shall be three years and no member shall be eligible for appointment to more than three terms of office, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor or reappoint the incumbent member if the incumbent member is eligible for reappointment. The Governor shall fill vacancies on the board as they may occur and a member appointed to fill a vacancy shall serve the unexpired term of the predecessor.

(3)(a) Of the members of the board six shall be licensed as tax consultants under ORS 673.605 to 673.740. Each of the six shall have been engaged in the preparation of personal income tax returns for another and for a valuable consideration for no less than five years.

(b) One member of the board shall be a member of the general public.

(4) All appointments of members of the board by the Governor are subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. [1973 c.387 §21; 1983 c.110 §2; 1987 c.414 §68; 1993 c.744 §249a; 1997 c.21 §3; 2001 c.136 §8]

673.730 Powers of board; rules. The State Board of Tax Practitioners shall have the following powers, in addition to the powers otherwise granted by ORS 673.605 to 673.740, and shall have all powers necessary or proper to carry the granted powers into effect:

(1) To determine qualifications of applicants for licensing and certification as a tax consultant, a tax preparer or a registered tax aide in this state.

(2) To cause examinations to be prepared, conducted and graded.

(3) To issue licenses and certificates to qualified applicants upon their compliance with ORS 673.605 to 673.740 and the rules of the board.

(4) To restore the license or certificate of any tax consultant, tax preparer or registered tax aide whose license or certificate has been suspended or revoked under ORS 673.700 or 673.702 at a time certain or when the person subject to suspension fulfills conditions for reissuance set by the board. The power of the board to restore a license or certificate under this subsection specifically includes the power to restore a license or certificate suspended or revoked for the reason that the person has been convicted of a crime. In making a determination to restore a license or certificate, the board shall consider the relationship of the facts which supported the conviction to the code of professional conduct and all intervening circumstances in determining the fitness of the person to receive or hold a tax consultant’s or tax preparer’s license or registered tax aide’s certificate.

(5) To investigate alleged violations of ORS 673.605 to 673.740, or any rule or order adopted thereunder. The board may keep information gathered pursuant to an investigation by the board confidential until there is a final order or determination by the board, unless disclosure is considered necessary by the board for the investigation or prosecution of an alleged violation of ORS 673.605 to 673.740, or any rule or order adopted thereunder. The board may keep personal financial information gathered pursuant to an investigation by the board confidential after a final order or determination by the board, unless disclosure is considered necessary by the board for the investigation or prosecution of an alleged violation of ORS 673.605 to 673.740, or any rule or order adopted thereunder. For purposes of this subsection, personal financial information includes but is not limited to tax returns.

(6) To enforce the provisions of ORS 673.605 to 673.740 and to exercise general supervision over tax consultant, tax preparer and registered tax aide practice.

(7) To issue an order directed to a person to cease and desist from any violation or threatened violation of ORS 673.615, 673.643, 673.705 or 673.712, or any rule or order adopted thereunder, if the board has reason to believe that a person has been engaged, is engaging or is about to engage in any violation of ORS 673.615, 673.643, 673.705 or 673.712, or any rule or order adopted thereunder.

(8) To assess civil penalties within a cease and desist order issued under subsection (7) of this section if the board has reason to believe that a person has been engaged or is engaging in any violation of ORS 673.615, 673.643, 673.705 or 673.712, or any rule or order adopted thereunder. The civil penalty may not exceed $5,000 per violation.

(9) To formulate a code of professional conduct for tax consultants, tax preparers and registered tax aides.

(10) To assess against the licensee, the certificate holder or any other person found guilty of violating any provision of ORS 673.605 to 673.740, or any rule or order adopted thereunder, in addition to any other sanctions, the costs associated with the disciplinary or other action taken by the board.

(11) To order that any person who has engaged in or is engaging in any violation of ORS 673.605 to 673.740, or any rule or order adopted thereunder, shall offer to rescind and pay restitution to anyone harmed by the violation who seeks rescission.

(12) To establish standards for supervising registered tax aides.

(13) To impose conditions or limitations on the activities of registered tax aides.

(14) To adopt rules pursuant to ORS chapter 183 necessary to carry out the provisions of ORS 673.605 to 673.740. [1973 c.387 §22; 1975 c.464 §23; 1983 c.110 §8; 1985 c.559 §10; 2001 c.136 §3; 2005 c.331 §7; 2007 c.273 §2; 2025 c.347 §13]

673.732 Cease and desist orders. (1) Except as provided in ORS 183.745, upon entry of a cease and desist order under ORS 673.605 to 673.740, the State Board of Tax Practitioners shall promptly give appropriate notice of the cease and desist order as provided in this section. The notice shall state that a hearing will be held on the cease and desist order if written demand for a hearing is filed with the board within 20 days after the date of service of the cease and desist order.

(2) If timely demand for a hearing is filed under subsection (1) of this section, the board shall hold a contested case hearing on the cease and desist order as provided by ORS chapter 183. In the event of a contested case hearing, the civil penalties assessed in the cease and desist order are suspended until issuance of a final order, but the remaining provisions of the cease and desist order shall remain in full force and effect until issuance of the final order. A person is not entitled to judicial review of a cease and desist order unless the person has made a timely demand for a hearing.

(3) After the hearing, the board shall enter a final order vacating, modifying or affirming the cease and desist order.

(4) A person aggrieved by a cease and desist order of the board that was the subject of a timely application for hearing shall be entitled to judicial review of the cease and desist order under ORS chapter 183.

(5) A judgment of a reviewing court under ORS chapter 183 does not bar the board from thereafter vacating or modifying a cease and desist order involved in the proceeding for review, or entering any new order, for a proper cause that was not decided by the reviewing court.

(6) The board may file an injunction against a person for failure to comply with a cease and desist order. [2001 c.136 §5; 2003 c.576 §540]

Note: 673.732 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 673 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

673.735 Civil penalties. (1) Any person who violates any provision of ORS 673.605 to 673.740, any rule adopted thereunder or any order of the State Board of Tax Practitioners shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of not more than $5,000 for each violation. The amount of penalty shall be determined by the board after taking into consideration the gravity of the violation, the previous record of the violator in complying, or in failing to comply, with the provisions of ORS 673.605 to 673.740 or the rules adopted thereunder, and other considerations as the board considers appropriate.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

(3) All penalties recovered under this section shall be paid into the General Fund to be credited to the board for use in carrying out the provisions of this section. [1973 c.387 §24; 1983 c.110 §9; 1983 c.696 §26; 1991 c.734 §70; 2001 c.136 §4]

673.740 Educational program as remedy. Under appropriate circumstances, as a further remedy in a proceeding which may or may not result in imposition of a civil penalty under ORS 673.735 or in cancellation, suspension, revocation or refusal to renew a tax consultant’s or preparer’s license, the State Board of Tax Practitioners may impose the requirement of successful participation and completion of an educational program specified by the board as correction or as a condition to reissuance, restoration, retention or renewal of the license. [1993 c.191 §2]

EXCHANGE FACILITATORS

673.800 Definitions for ORS 673.800 to 673.825. As used in ORS 673.800 to 673.825:

(1) “Affiliate” means a person that controls, is controlled by or is under common control with another person, directly or indirectly.

(2) “Client” means a taxpayer that enters into an agreement with an exchange facilitator for services.

(3) “Exchange accommodation titleholder” means an exchange accommodation titleholder as described in section 4.02(1) of Internal Revenue Service Revenue Procedure 2000-37.

(4)(a) “Exchange facilitator” means a person that:

(A) Is engaged in a business in which, for a fee, the person enters into agreements with clients for the purpose of performing services as:

(i) A qualified intermediary;

(ii) An exchange accommodation titleholder;

(iii) A trustee of a qualified trust; or

(iv) An escrow holder of a qualified escrow account; or

(B) Maintains an office in this state for the purpose of soliciting or engaging in business of the type described in subparagraph (A) of this paragraph.

(b) “Exchange facilitator” does not include:

(A) A taxpayer or a disqualified person, as defined in 26 C.F.R. 1.1031(k)-1(k), that is seeking to qualify for the nonrecognition provisions of 26 U.S.C. 1031.

(B) A financial institution, as defined in ORS 706.008, unless the financial institution is engaged in a business in which, for a fee, the financial institution enters into agreements with clients for the purpose of performing services as a qualified intermediary or an exchange accommodation titleholder, whether or not the financial institution is:

(i) Acting as a depository for exchange funds;

(ii) Acting solely as a trustee of a qualified trust, notwithstanding the provisions of paragraph (a)(A)(iii) of this subsection; or

(iii) Acting solely as an escrow holder of a qualified escrow account, notwithstanding the provisions of paragraph (a)(A)(iv) of this subsection.

(C) An escrow agent, as defined in ORS 696.505, title insurance company or other person unless the person is engaged in a business in which, for a fee, the person enters into agreements with clients for the purpose of performing services as a qualified intermediary or an exchange accommodation titleholder, whether or not the person is:

(i) Acting solely as a trustee of a qualified trust, notwithstanding the provisions of paragraph (a)(A)(iii) of this subsection; or

(ii) Acting solely as an escrow holder of a qualified escrow account, notwithstanding the provisions of paragraph (a)(A)(iv) of this subsection.

(D) A person that advertises and teaches seminars or classes or that otherwise makes presentations for the primary purpose of educating professionals in the field of taxation about tax-deferred exchanges or training persons to act as exchange facilitators.

(E) A qualified intermediary that holds funds from the disposition of property located outside this state and used in an exchange under 26 U.S.C. 1031, notwithstanding the provisions of paragraph (a)(A)(i) of this subsection, or an exchange accommodation titleholder that does not hold title to property located in this state.

(F) An entity that an exchange facilitator wholly owns and uses to take title to property in this state.

(5)(a) “Exchange funds” means moneys, property, instruments or other consideration an exchange facilitator receives from or on behalf of a client in connection with an exchange conducted under 26 U.S.C. 1031.

(b) “Exchange funds” does not include moneys or other consideration the exchange facilitator receives from a client as compensation for the exchange facilitator’s services.

(6) “Fee” means compensation of any nature, direct or indirect, monetary or in-kind, that a person or another person related to the person in the manner described in 26 U.S.C. 267(b) or 26 U.S.C. 707(b) receives for services related or incidental to the exchange of like-kind property under 26 U.S.C. 1031.

(7) “Financial institution” has the meaning given that term in ORS 706.008.

(8) “Person” means an individual, corporation, partnership, limited liability company, joint venture, association, joint stock company, trust or other legal entity and the agents and employees of the entity.

(9) “Prudent investor standard” means an exercise of judgment and care under circumstances then prevailing that investors of prudence, discretion and intelligence exercise in the management of the investors’ own affairs not in regard to speculation but in regard to the permanent disposition of the investors’ funds when considering probable income and the probable safety of the investors’ capital.

(10) “Qualified escrow account” has the meaning given that term in 26 C.F.R. 1.1031(k)-1(g)(3)(ii).

(11) “Qualified exchange accommodation agreement” means a qualified exchange accommodation agreement as described in section 4.02(3) of Internal Revenue Service Revenue Procedure 2000-37.

(12) “Qualified intermediary” has the meaning given that term in 26 C.F.R. 1.1031(k)-1(g)(4)(iii).

(13) “Qualified trust” has the meaning given that term in 26 C.F.R. 1.1031(k)-1(g)(3)(iii).

(14) “Relinquished property” means relinquished property as described in 26 C.F.R. 1.1031(k)-1(a).

(15) “Replacement property” means replacement property as described in 26 C.F.R. 1.1031(k)-1(a). [2013 c.392 §1]

673.805 Notice required upon change in control. (1) When a change in control occurs for an exchange facilitator, the exchange facilitator within 10 business days after the change in control becomes effective shall notify the exchange facilitator’s clients with relinquished property located in this state or for which the exchange facilitator holds replacement property under a qualified exchange accommodation agreement. If the exchange facilitator is a publicly traded company and remains a publicly traded company after the change in control, the publicly traded company need not notify existing clients about the change in control.

(2) The notice required under subsection (1) of this section must:

(a) Be delivered by hand, first-class mail, overnight mail, electronic mail or facsimile;

(b) Be posted on any website the exchange facilitator maintains for 90 days after the effective date of the change in control; and

(c) Set forth the name, address, telephone number and other contact information for the person that assumes control of the exchange facilitator.

(3) For purposes of this section, a change in control for an exchange facilitator occurs if more than 50 percent of the exchange facilitator’s assets or ownership interests transfer, directly or indirectly, to another person within 12 months. [2013 c.392 §2]

673.810 Duty to maintain bonds or deposits; duty to maintain insurance or deposits. (1) An exchange facilitator shall at all times:

(a) Maintain one or more fidelity bonds that are issued by a corporate surety authorized to do business in this state in an aggregate amount of not less than $1 million;

(b) Deposit with a financial institution in an interest-bearing deposit account or money market account, the interest of which accrues to the exchange facilitator, moneys, securities or irrevocable letters of credit issued by corporate sureties authorized to do business in this state in an aggregate amount of not less than $1 million;

(c) Deposit with a financial institution funds used in an exchange under 26 U.S.C. 1031 in a qualified escrow account or a qualified trust and provide that withdrawals from the account or trust require both the exchange facilitator’s and the client’s written authorization; or

(d) Be listed as a named insured on one or more fidelity bonds that are issued by a corporate surety authorized to do business in this state in an aggregate amount of not less than $1 million.

(2) An exchange facilitator shall at all times:

(a) Maintain errors and omissions insurance issued by an authorized insurer, as defined in ORS 731.066, in an amount not less than $250,000;

(c) Be listed as a named insured in an errors and omissions insurance policy issued by an authorized insurer, as defined in ORS 731.066, in an amount of not less than $250,000.

(3) An exchange facilitator may maintain bonds or deposits as provided in subsection (1) of this section or insurance or deposits as provided in subsection (2) of this section in amounts in excess of the minimum amounts specified in subsections (1) and (2) of this section. [2013 c.392 §3]

673.815 Custodial duties; standards. (1) An exchange facilitator shall act as a custodian for all exchange funds and shall invest the exchange funds only in investments that:

(a) Meet a prudent investor standard; and

(b) Satisfy the investment goals of liquidity and preservation of principal.

(2) An exchange facilitator fails to invest exchange funds according to a prudent investor standard if:

(a) The exchange facilitator knowingly commingles exchange funds with the exchange facilitator’s operating accounts; or

(b) Exchange funds are loaned or otherwise transferred to a person or entity, other than a financial institution, that is an affiliate of or otherwise related to the exchange facilitator, unless the exchange funds are transferred from an exchange facilitator to an exchange accommodation titleholder in accordance with a qualified exchange accommodation agreement.

(3) Exchange funds are not subject to execution or attachment in any claim against the exchange facilitator.

(4) An exchange facilitator may not knowingly keep moneys or cause moneys to be kept in a financial institution under a name that designates the moneys as belonging to a client unless the moneys belong to the client and the client entrusted the moneys to the exchange facilitator. [2013 c.392 §4]

673.820 Prohibitions. An exchange facilitator may not knowingly:

(1) Make a materially false statement, material misrepresentation or material statement intended to mislead a client or another person concerning an exchange conducted under 26 U.S.C. 1031, or continue a course of material misrepresentation through advertising or otherwise;

(2) Fail to account within a reasonable time for moneys or property in the exchange facilitator’s possession that belongs to another person;

(3) Engage in conduct that constitutes fraud or dishonesty or commit a crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery or theft; or

(4) Materially fail to fulfill the exchange facilitator’s contractual duty to deliver moneys or property to a client, unless the failure results from circumstances beyond the exchange facilitator’s control. [2013 c.392 §5]

673.825 Right of action. (1) A person that claims to have suffered damage because an exchange facilitator violated a provision of ORS 673.815 or 673.820 has a right of action on the bonds or deposits described in ORS 673.810. An action under this subsection does not limit the remedies available to the person under this section or under other provisions of law.

(2) An exchange facilitator that violates a provision of ORS 673.815 or 673.820 is subject to an action for damages brought in a circuit court of this state. [2013 c.392 §6]

CRIMINAL PENALTIES

673.990 Criminal penalties. (1) Violation of any of the provisions of ORS 673.310, 673.320, 673.345 or 673.350 is a Class A misdemeanor. Whenever the Oregon Board of Accountancy has reason to believe that any person is liable to punishment under this subsection it may certify the facts to the Attorney General, who may, in the discretion of the Attorney General, cause appropriate proceedings to be brought.

(2) Violation of any provision of ORS 673.605 to 673.740, or any rule adopted thereunder, is a misdemeanor. [Subsection (2) enacted as 1973 c.387 §25; 1975 c.440 §22; 1999 c.322 §32]

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