Welcome to the Oregon Society of Enrolled Agents
WE WON AGAIN
We are pleased to report that OrSEA was victorious once again after the Oregon Supreme Court denied review of the case on June 1st.
As a backgrounder on the issue, the Oregon Court of Appeals issued a February 1 opinion invalidating OAR 800-020-0015(5), the administrative rule promulgated by the Oregon State Board of Tax Practitioners. The court invalidated the rule on the grounds that the rule contravened ORS 673.637(2), a statutory law which exempts enrolled agents from the tax preparer or tax consultant state licensing, education and work experience requirement established through ORS 673.625. The court held that the Board exceeded its statutory authority in implementing this administrative rule since the legislature had not granted the Board this authority.
In response to this ruling, the Board filed a petition requesting for the Oregon Supreme Court to review the case on the grounds that the Board’s original decision to implement the administrative rule was sound public policy. OrSEA quickly responded with their own petition to uphold the Court of Appeals ruling and to deny review of the case.
Oregon’s Taxpayer Bill of Rights
By Kent Anderson & Dominic Paris
As a means of closing the state’s $1.1 billion tax gap, the Oregon Department of Revenue has some very powerful tools at its disposal to collect unpaid taxes. Once the Department has issued a Distraint Warrant, it may collect a tax liability through a wage or bank account garnishment without further notice to the taxpayer or the taxpayer’s authorized representative. In sharp contrast to IRS procedures, the Department of Revenue is under no obligation to stay collections when a taxpayer submits a settlement offer or a payment agreement request. It is not uncommon for a taxpayer to discover that the Department has suddenly garnished a bank account or wages, even though the taxpayer had been making every effort to cooperate with the Department to resolve the tax debt. Taxpayers who suffer a financial hardship as a result of these practices have little or no recourse.
When collectors are confronted by tax professionals representing clients with a balance due, they may well deny the taxpayer has any rights. In fact, that is not the case. The Oregon legislature has granted taxpayers very important rights that can be asserted in dealing with oppressive collection tactics. In order to enforce these rights, taxpayers and their representatives must be aware of them.
Oregon’s Taxpayer Bill of Rights (TBOR), was enacted in 1989 and closely follows the federal Omnibus Taxpayer Bill of Rights, originally enacted by Congress in 1988. While the federal legislation has repeatedly been enhanced to accord greater taxpayer protection, the Oregon TBOR has undergone few revisions since its enactment, and there has been very little judicial interpretation. There are no regulations and few administrative materials to offer guidance.
A Proposed Bill
- Expands taxpayer bill of rights. Lowers limits on interest allowed on tax deficiencies.
- Applies to tax years beginning on or after January 1, 2018.
- Provides for cancellation, after 20 years, of uncollected tax debt, penalties and interest.
- Establishes Office of Taxpayer Advocate and Office of Independent Ad-
- Administrative Review in Department of Revenue.
- Establishes functions, powers and duties of offices.
- Appropriates moneys from General Fund to Department of Revenue for purposes of offices.
- Takes effect on 91st day following adjournment sine die.
Attached it the first draft of a Proposed Law DRAFT 2017_ Regular_Session Bill.
The Oregon Society of Enrolled Agents (OrSEA) is a nonprofit organization whose Members are tax experts dedicated to the promotion of the Enrolled Agent (EA) designation and EA’s as The Tax Professionals. Within this web site you will find information about OrSEA and EA’s, as well as important information for you, the taxpayer, to have when looking for the right tax professional to resolve your tax problems or prepare your returns. OrSEA provides free information to taxpayers that is available from every page on the web site. Simply click on the Taxpayer Help link to obtain this free information.
OrSEA provides tax education to tax professionals and tax preparers from around the world with our annual conference and various other events throughout the state, hosted by OrSEA or a OrSEA Chapter. Our educational events cover various tax related topics and carry different certifications. At OrSEA, we are sure that there are educational events to meet the needs of any tax professional.
This website is the information and resource center for ORSEA members and ORSEA associates. ORSEA is an affiliate of the National Association of Enrolled Agents (NAEA). We encourage all tax practitioners to consider the benefits of joining and applying for membership. For other visitors, we invite you to browse our consumers or media pages.