January 26, 2010 Special Election: Filing 2009 Oregon Returns
As you know, the personal and corporate tax increases passed by the 2009 legislature have been referred to a vote of the people. The election will be held January 26, 2010. The Department of Revenue strongly encourages you to wait until the election results are known before filing Oregon tax returns. However, be aware that if you do file before election results are known, the department will not begin processing returns until after the election.
Personal Income Tax:
The IRS opens their electronic filing portal on Friday, January 15th. If you electronically file your client’s Oregon return with their federal return before the election, Oregon will accept the return. However, we will not begin downloading returns until Tuesday, January 19th and acknowledgements will not be issued until after that time. If your client is not affected by the election, you may submit the Oregon return when you submit the federal return. If you are waiting for the results of the election to file your client’s Oregon return, you do not need to wait to file your federal return. The Oregon return can be e-filed later as a ‘State Only’ return. Contact your software company for availability and more information if you are not familiar with ‘State Only’ filing. E-file returns will be processed starting February 1st.
Corporate Income Tax:
The IRS is currently accepting corporate returns through their electronic filing portal. If you electronically file your client’s Oregon return with their federal return before the election, Oregon will accept and acknowledge the return. However, we cannot process the return until the results of the election are known. If the tax was calculated using law that is not in effect for tax year 2009, the return will be adjusted when we process it and a notice will be sent to the corporation.
As with personal income tax returns, you do not need to wait file your federal return. The Oregon return can be filed as 'unlinked' (state only), as soon as the results of the election are known. Contact your software provider for information if you are not familiar with this process.
If you have questions about e-file, email the department at electronic.filing@state.or.us.
If you have general questions about the election, email the department at prac.revenue@state.or.us.