ORS 316.567
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
(1) Except as provided in subsection (2) of this section, a husband and wife may make a single declaration jointly under ORS 316.557 to 316.589. The liability of the husband and wife making such a declaration shall be joint and several.
(1) Except as provided in subsection (2) of this section, spouses in a marriage may make a single declaration jointly under ORS 316.557 to 316.589. The liability of the spouses making such a declaration shall be joint and several.
(2) A husband and wife may not make a joint declaration: (a) If either the husband or the wife is a nonresident alien; (b) If they are separated under a judgment of divorce or of separate maintenance; or (c) If they have different taxable years.
(2) Spouses may not make a joint declaration: (a) If either spouse is a nonresident alien; (b) If the spouses are separated under a judgment of divorce or of separate maintenance; or (c) If the spouses have different taxable years.
(3) If a husband and wife make a joint declaration but not a joint return for the taxable year, the husband and wife may, in such manner as they may agree, and after giving notice of the agreement to the Department of Revenue: (a) Treat the estimated tax for the year as the estimated tax of either the husband or of the wife; or (b) Divide the estimated tax between them.
(3) If spouses make a joint declaration but not a joint return for the taxable year, the spouses may, in such manner as they may agree, and after giving notice of the agreement to the Department of Revenue: (a) Treat the estimated tax for the year as the estimated tax of either spouse; or (b) Divide the estimated tax between them.
(4) If a husband and wife fail to agree, or fail to notify the department of the manner in which they agree, to the treatment of estimated tax for a taxable year for which they make a joint declaration but not a joint return, the payments shall be allocated between them according to rules adopted by the department. Notwithstanding ORS 314.835, 314.840 or 314.991, the department may disclose to either the husband or the wife the information upon which an allocation of estimated tax was made under this section.
(4) If the spouses fail to agree, or fail to notify the department of the manner in which they agree, to the treatment of estimated tax for a taxable year for which they make a joint declaration but not a joint return, the payments shall be allocated between them according to rules adopted by the department. Notwithstanding ORS 314.835, 314.840 or 314.991, the department may disclose to either spouse the information upon which an allocation of estimated tax was made under this section.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.