(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
(c) Complies with ORS 673.605 to 673.740 and the rules adopted by the board.
(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(c) An individual whose occupational license, permit or registration has been revoked or refused by another state regulatory agency or the Internal Revenue Service for dishonest conduct or conduct involving tax preparation.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]
Structure 2021 Oregon Revised Statutes
Chapter 673 - Accountants; Other Tax Professionals
Section 673.010 - Definitions for ORS 673.010 to 673.465; rules.
Section 673.015 - Statement of public interest in regulating practice of accountancy.
Section 673.050 - General qualifications for candidates for C.P.A. examination; rules.
Section 673.060 - C.P.A. and public accountant examination; scope; conduct; fee; rules.
Section 673.075 - Credit for examination sections taken in other states.
Section 673.100 - License as public accountant; application; rules; fee.
Section 673.103 - Public accountant audits prohibited; exception.
Section 673.150 - Permits to engage in practice of public accountancy; permit renewals; fees; rules.
Section 673.153 - Holders of licenses issued by other states; fees.
Section 673.160 - Registration of business organizations; exceptions; fees; rules.
Section 673.165 - Continuing education; types of programs; hours; waiver; rules.
Section 673.170 - Disciplinary actions; grounds; investigations; costs; orders; rules.
Section 673.210 - Reissuance of revoked or suspended licenses.
Section 673.220 - Inactive status; conditions; rules; roster; fees.
Section 673.325 - Statement allowed without permit or authorization.
Section 673.345 - Payment or acceptance of commissions; contingent fees; referral fees; rules.
Section 673.360 - Injunctions.
Section 673.385 - Disclosure of client information prohibited; exceptions.
Section 673.465 - Authority of Oregon Board of Accountancy to require fingerprints.
Section 673.605 - Definitions for ORS 673.605 to 673.740.
Section 673.610 - Application of ORS 673.605 to 673.740.
Section 673.615 - Prohibited acts; preparation of tax returns; refund anticipation loans.
Section 673.625 - Qualifications for tax consultant and tax preparer; examination.
Section 673.640 - Issuance of licenses.
Section 673.645 - Renewal of licenses; restoration of lapsed license; rules.
Section 673.655 - Continuing education requirement; waiver.
Section 673.663 - Use of title "tax consultant."
Section 673.685 - Fees; rules.
Section 673.690 - Tax consultant’s records.
Section 673.695 - Secretary of State as agent for service of process against nonresident; fee.
Section 673.700 - Disciplinary action; grounds.
Section 673.705 - Prohibited acts.
Section 673.712 - Refund anticipation loan disclosures.
Section 673.715 - Local government regulation of refund anticipation loans prohibited; preemption.
Section 673.725 - State Board of Tax Practitioners; term; qualification.
Section 673.730 - Powers of board; rules.
Section 673.732 - Cease and desist orders.
Section 673.735 - Civil penalties.
Section 673.800 - Definitions for ORS 673.800 to 673.825.
Section 673.805 - Notice required upon change in control.
Section 673.810 - Duty to maintain bonds or deposits; duty to maintain insurance or deposits.
Section 673.815 - Custodial duties; standards.
Section 673.820 - Prohibitions.