Business Tax Administrative Rule 280.12-1A
Extension of Time to File Amended Returns Pursuant to the Decision in the Proctor Case
The Revenue Division will extend the statute for filing amended returns for the City of Portland Business License Taxes paid on the taxable year ending 12/31/2008 until July 31, 2012. Amended returns may be filed by individuals licensed as a real estate broker who engages in professional real estate activity only as an agent of a principal real estate broker. Amended returns filed by any other real estate licensee are not included under this statute extension.
The Revenue Division establishes a beginning date for interest on amended returns due to the Proctor case decision for the taxable years ending 12/31/2008, 12/31/2009 and 12/31/2010 as of March 8, 2012 (the date the Oregon Supreme Court denied Certiorari). For the period through July 31, 2012 for amended returns due to the Proctor case decision Business License Law Section 7.02.720 B will be suspended during the extended statute period only. (Business License Law Section 7.02.720 B limits the payment of interest on amended returns to 4 months after the filing date of the amended return.)
The failure to file an amended return for the taxable year ended 12/31/2008 by July 31, 2012 shall result in denial of requested refunds on the 2008 tax year. Interest payments by the City of Portland on approved refunds from amended returns filed within the normal statute for tax years ending 12/31/2009 and 12/31/2010, but after July 31, 2012, will follow PCC 7.02.720 B (limiting the payment of interest on amended returns to 4 months after the filing date of the amended return).
Amended: 10/11/12 (removed “interim”), 10/1/15 (housekeeping changes)