2021 Oregon Revised Statutes
Chapter 118 - Estate Tax
Section 118.265 - Application for determination of tax due; discharge from personal liability; rules.


(a) As soon as possible, and in any event within 18 months of the application; or
(b) If the application is made before the return is filed, by the earliest of the following:
(A) Eighteen months after the return is filed.
(B) The expiration of the period prescribed for the assessment of the tax under ORS 305.265.
(C) The expiration of the period prescribed for the issuance of a notice of deficiency under ORS 314.410.
(2) After payment of the amount in the notice, other than any amount for which the time for payment is extended by the department, the executor or trustee shall be discharged from personal liability for any deficiency in tax. The department shall furnish to the executor or trustee a receipt or writing showing the discharge.
(3) The department shall adopt by rule policies and procedures for administration of applications under this section.
(4) The expiration of the period prescribed for the issuance of a notice of deficiency concerning any tax due under this chapter shall be as provided under ORS 314.410. [2009 c.358 ยง2]
Note: 118.265 was added to and made a part of ORS chapter 118 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 118 - Estate Tax

Section 118.005 - Definitions for ORS 118.005 to 118.540.

Section 118.010 - Imposition and amount of tax in general; Oregon taxable estate; out-of-state property; nonresident decedents; rules.

Section 118.013 - Taxable estate adjustment for Oregon special marital property; rules.

Section 118.016 - Oregon special marital property election; rules; form.

Section 118.100 - Time for filing return and paying tax; refunds; interest; effects of change in federal estate tax return or special valuation disqualification.

Section 118.120 - Qualified family-owned business interests; additional tax.

Section 118.140 - Credit based upon value of natural resource property; rules.

Section 118.160 - When tax return is required; lists of property transfers and other data.

Section 118.165 - Notice of deficiency.

Section 118.190

Section 118.225 - Extension of time for payment.

Section 118.227 - Time period for refund.

Section 118.230 - Lien of tax; liability for payment; assessment and collection of taxes.

Section 118.250 - To whom tax payable; issuing receipts.

Section 118.260 - Penalties for delinquency, failure to file and fraud; interest; deposit where tax not determined.

Section 118.265 - Application for determination of tax due; discharge from personal liability; rules.

Section 118.280 - Power to sell for payment of tax; tax lien transferred to proceeds when property of estate sold or mortgaged.

Section 118.290 - Duty of recipient when legacy payable out of property; legacy for limited period.

Section 118.350 - Compromise and compounding tax; approval by court; proceedings in case of actions or suits involving title to real property.

Section 118.525 - Disclosure of return information.

Section 118.535 - Appraisal by department; costs.

Section 118.990 - Penalties.