Oregon Revised Statutes
As used in ORS 673.010 to 673.465: “Attestation services” means the following professional services required to be performed under rules adopted by the Oregon Board of Accountancy: Any audit or other engagement for which performance standards are included in the Statements on Auditing Standards (SAS); Any review of a financial statement for which performa…
The public interest requires: The promotion of reliable information used for guidance in financial transactions and accounting for, or assessing the financial status or performance of, commercial, noncommercial and governmental enterprises; That persons professing special competence in accountancy or offering assurance as to the reliability or fairness of …
(Authority to Practice Public Accountancy)
The Oregon Board of Accountancy may issue a certified public accountant license to a person who: Submits an application in a form prescribed by the board; Provides evidence satisfactory to the board of graduation from a college or university that is accredited by a regional accrediting association or by another accrediting body that is recognized by the bo…
A person seeking admission to take the certified public accountant examination to obtain a certified public accountant license or public accountant license shall: Submit an application in a form prescribed by the Oregon Board of Accountancy; Furnish evidence satisfactory to the board of the applicant’s good moral character; Pay a fee as prescribed by the …
The certified public accountant examination must test a person’s knowledge of the subjects of accounting and auditing and other related subjects as provided by the Oregon Board of Accountancy by rule. The board may contract with any organization, governmental or private, for examination development and administration.
The Oregon Board of Accountancy may, in accordance with its rules, grant credit to an applicant for one or more sections of an examination for which the applicant received passing grades from the licensing authority in any other state. Any examination for which credit is granted an applicant under subsection (1) of this section shall be equivalent to examin…
The Oregon Board of Accountancy may issue a public accountant license to a person who submits an application in a form prescribed by the board and who provides evidence satisfactory to the board of the following: Passing an examination on the code of professional ethics adopted by the board; Meeting the requirements of ORS 673.050 for admission to take the…
Notwithstanding any other law, the liability and limitations on liability of a shareholder, owner, member or comparable person in a registered business organization that is not a proprietorship or partnership for negligent or wrongful acts, omissions or misconduct in the rendering of professional accountancy services on behalf of the registered business orga…
To renew a license issued by the Oregon Board of Accountancy, an Oregon licensee shall submit to the board every two years: A completed renewal application; The renewal fee in the amount of $255; and Evidence satisfactory to the board that the Oregon licensee has complied with continuing education requirements under ORS 673.165, unless those requirements …
A holder of a license with a principal place of business in another state may practice public accountancy in this state if: The holder has an active certified public accountant license; The requirements to obtain the license in the other state are substantially equivalent to the requirements in this state; and The holder is in good standing with the profe…
The Oregon Board of Accountancy may issue a certified public accountant license to a person who is licensed in good standing as a certified public accountant in another state and who: Submits an application in a form prescribed by the board; Passes an examination on the code of professional ethics adopted by the board; Pays the fee required by the board b…
As used in this section, “foreign country” means a government other than: The United States; or A state. The Oregon Board of Accountancy may issue a certified public accountant license to a person who holds a certified public accountant license or chartered accountant certificate issued in a foreign country if the person: Submits an application in a form…
Business organizations of certified public accountants or of public accountants shall register with the Oregon Board of Accountancy if the business organization: Has an office in this state and: Uses the terms “certified public accountants” or “public accountants” or abbreviations for such terms in this state; or Performs attestation services or compilati…
Each Oregon licensee, under rules adopted by the Oregon Board of Accountancy, shall participate in a continuing education program that directly contributes to professional competency. The education programs shall include any of the following: Professional development programs and technical meetings of professional associations of public accountants, of cer…
The Oregon Board of Accountancy may take any of the following disciplinary actions: Revoke, suspend, refuse to renew or limit the privileges of any license issued by the board; Revoke, suspend, refuse to renew or limit the privileges of any registration issued by the board; Revoke, suspend or limit the privileges of any person authorized to practice publi…
If the Oregon Board of Accountancy, as part of a consent agreement entered into under ORS 673.170, requires a certified public accountant or public accountant to obtain review of any financial statement or report prepared by the certified public accountant or public accountant before the statement or report is issued, the review of the statement or report sh…
When the Oregon Board of Accountancy proposes to refuse to issue a license or registration under ORS 673.160, proposes to refuse to renew a license or registration or proposes to revoke or suspend a license or registration, opportunity for hearing shall be accorded as provided in ORS chapter 183. When the board institutes or continues a disciplinary action …
The Oregon Board of Accountancy may reissue any license that it has revoked or may modify the suspension of any license that it has suspended. The power of the board to suspend any authority to provide professional services includes the power to reissue: At a time certain; or When the Oregon licensee or business organization subject to suspension fulfills…
Upon application, the Oregon Board of Accountancy may grant inactive status to an Oregon licensee. A person granted inactive status may not practice public accountancy unless permitted by board rule. The board may not grant inactive status to an Oregon licensee: Whose license is suspended or revoked; or Who is a sole practitioner, unless permitted by the …
No person, partnership, professional corporation or other business form shall assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant” or any other title or designation likely to be confused with “certified public accountant” and “public accountant,” or any of…
A person or business organization in this state may not provide attestation services or compilation services for or issue a report on financial statements of any other person, firm, organization or governmental unit unless the person or business organization: Holds a license or registration issued under ORS 673.010 to 673.465; Is authorized to practice pub…
The following statement signed by a person who does not hold a license issued by the Oregon Board of Accountancy or the authorization granted under ORS 673.153 shall not constitute a report under ORS 673.320, so long as the statement is not accompanied by any wording indicating the person is an accountant or auditor or other language prohibited by ORS 673.31…
A certified public accountant, a public accountant or a business organization registered under ORS 673.160, when the conditions set forth in paragraph (b) of this subsection are present, may not: Pay a commission to obtain a client; Accept a commission for a referral to a client of products or services of others; or Accept a commission for a referral of p…
Nothing contained in ORS 673.010 to 673.465 shall prohibit any person not a certified public accountant or public accountant from serving as an employee of a business organization registered under ORS 673.160. However, such an employee shall not issue any report on an accounting or financial statement over that employee’s name.
Whenever in the judgment of the Oregon Board of Accountancy any person has engaged, or is about to engage, in any acts or practices that constitute or may constitute a violation of any of the provisions of ORS 673.010 to 673.465, the board may apply to the court for an order enjoining the acts or practices, and upon a showing by the board that the person has…
The display or uttering by a person of a card, sign, advertisement or other printed, engraved or written instrument or device, bearing a person’s name in conjunction with the words “certified public accountant” or “public accountant” or any abbreviation thereof, shall be prima facie evidence in any action brought under ORS 673.360 or 673.990 that the person …
All statements, records, schedules, working papers and memoranda made by a certified public accountant or public accountant under ORS 673.010 to 673.465 or a partner, shareholder, officer, director, member, manager or owner, or an employee of the certified public accountant or public accountant incident to or in the course of rendering services to a client, …
Except as provided in subsection (2) of this section or by permission of the client engaging a certified public accountant or public accountant, or the heirs, successors or personal representatives of the client, a certified public accountant or public accountant or any partner, officer, shareholder, member, manager or owner, or employee of the certified pub…
The Oregon Board of Accountancy may not adopt a rule prohibiting an Oregon licensee from soliciting an engagement to perform professional services. (Civil Penalties)
The Oregon Board of Accountancy may impose a civil penalty, not to exceed $5,000 for each offense, for violation of a provision of ORS 673.010 to 673.465, a rule adopted under ORS 673.010 to 673.465 or an order of the board. All moneys collected under this section shall be deposited in the Oregon Board of Accountancy Fund established in ORS 673.425. (Oregon…
There is created an Oregon Board of Accountancy consisting of seven members. Members of the board shall be appointed by the Governor for terms of three years, subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution. The board members must be appointed as follows: Six must be a certified public accountant or pub…
The Department of Revenue may furnish to the Oregon Board of Accountancy a copy of the signature block of an income tax return prepared by any person for another. The signature block may be furnished in instances in which the department or the board has reasonable grounds to believe the person preparing the return prepared it in violation of any provision of…
The Oregon Board of Accountancy Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys collected or received by the Oregon Board of Accountancy shall be deposited in the fund. Interest earned on moneys in the fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the board to provid…
The Oregon Board of Accountancy shall produce, at least biennially, a compilation of ORS 673.010 to 673.465 and rules of the board. A copy of the compilation shall be made available to all Oregon licensees under ORS 673.010 to 673.465 in the manner the board considers most cost-effective.
As used in this section, “post-secondary education institution” means: A public university listed in ORS 352.002; A community college operated under ORS chapter 341; A school or division of the Oregon Health and Science University; or An Oregon-based, generally accredited, not-for-profit private institution of higher education. The Oregon Board of Accou…
The Oregon Board of Accountancy may recognize peer review programs or approve applications for operation of peer review programs, including programs provided by the American Institute of Certified Public Accountants. Each Oregon licensee, each person authorized to practice public accountancy in this state under ORS 673.153, each business organization regist…
A review of an accountancy practice as required by ORS 673.455 does not preclude the Oregon Board of Accountancy from conducting a review of specified aspects of the professional services of any person who holds a license affiliated with the license holder or business organization or of the license holder or business organization itself and taking disciplina…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Accountancy may require the fingerprints of a person who: Is applying for a license or registration that is issued by the board; Is applying for renewal of a license or registration that is issued by the board; Is under investigation by the b…
Notwithstanding ORS 673.170, upon a determination by the Oregon Board of Accountancy that the board possesses confidential information, or information that is not otherwise subject to disclosure, that is investigatory and that reasonably relates to the regulatory or enforcement function of another public entity, the board may disclose that information to the…
TAX CONSULTANTS, TAX PREPARERS AND REGISTERED TAX AIDES (Generally)
As used in ORS 673.605 to 673.740 unless the context requires otherwise: “Board” means the State Board of Tax Practitioners created by ORS 673.725. “Facilitator” means a person that individually or in conjunction or cooperation with another person processes, receives or accepts for delivery an application for a refund anticipation loan or a check in paymen…
ORS 673.605 to 673.740 do not apply to: Any full- or part-time employee hired to fill a permanent position, who in connection with the duties as an employee has the incidental duty of preparing income tax returns for the business of the employer only. Any attorney at law rendering services in the performance of the duties of an attorney at law. While acti…
Except as otherwise provided in ORS 673.605 to 673.740: A person may not prepare or advise or assist in the preparation of personal income tax returns for another and for valuable consideration or represent that the person is so engaged unless the person is licensed as a tax consultant under ORS 673.605 to 673.740. A tax preparer may prepare or advise or a…
Every applicant for a license as a tax consultant and every applicant for licensing as a tax preparer must: Be 18 years of age or older; Possess a high school diploma or a modified diploma or have passed an equivalency examination; Present evidence satisfactory to the State Board of Tax Practitioners that the applicant has successfully completed at least …
Every person desiring to be licensed as a tax consultant shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. Each application shall be…
Every person desiring to be licensed as a tax preparer shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. The application shall be ac…
The State Board of Tax Practitioners may issue a license to an applicant for a license as a tax consultant or as a tax preparer who: Presents evidence satisfactory to the board that the applicant is licensed as a tax consultant or preparer in a state that has requirements for licensing substantially similar to the requirements for licensing in this state; a…
The State Board of Tax Practitioners shall license as a tax consultant or a tax preparer each applicant who: Demonstrates to the satisfaction of the board fitness for a license; Pays to the board an initial license fee as provided under ORS 673.685; and Has no disciplinary actions pending before the board. The board shall issue evidence of licensing to e…
A sole proprietorship, partnership, corporation or other legal entity, through individuals who are authorized within this state to render those services, may engage in the preparation, or in advising or assisting in the preparation of personal income tax returns for another and for valuable consideration and represent that it is so engaged if the entity: Re…
Any licensed tax consultant and tax preparer shall apply to the State Board of Tax Practitioners and pay the fee for a renewal of the license. The application shall be made annually, on or before a date established by the board by rule. The application shall be accompanied by evidence satisfactory to the board that the person applying for renewal of the lice…
Except as provided in subsection (2) of this section, upon annual renewal of a tax preparer’s or tax consultant’s license, each person licensed as a tax consultant or tax preparer under ORS 673.605 to 673.740 shall submit evidence satisfactory to the State Board of Tax Practitioners that the person has completed at least 30 hours of instruction or seminar in…
The State Board of Tax Practitioners may issue a certificate to a person who qualifies as a registered tax aide if the individual: Submits an application in the manner prescribed by the board; Is 18 years of age or older; Has earned at least a high school diploma or its equivalent, as indicated by evidence of the following, in a form deemed sufficient by …
Each year a person shall renew a registered tax aide certificate at a time designated by the State Board of Tax Practitioners. A person renewing a certificate shall: Submit an application to the board before the expiration date of the certificate; Pay the renewal fee established under ORS 673.685; Comply with continuing education requirements as adopted …
Each tax consultant, tax preparer and registered tax aide shall display the license or certificate issued to the tax consultant, tax preparer and registered tax aide in accordance with rules adopted by the State Board of Tax Practitioners.
An individual may not assume or use the title or designation “tax consultant” unless the person is licensed as a tax consultant under ORS 673.605 to 673.740. A sole proprietorship, partnership, corporation or other legal entity may not assume or use the title or designation “tax consultant” unless the entity is in compliance with ORS 673.643.
Whenever a tax consultant or tax preparer ceases to engage in the preparation or in advising or assisting in the preparation of personal income tax returns, the consultant or preparer may apply to the State Board of Tax Practitioners for inactive status. A license that is granted inactive status may be renewed upon payment of the license fee as provided unde…
The State Board of Tax Practitioners shall adopt by rule fees for: Application for examination for a tax consultant’s license. Application for examination for a tax preparer’s license. Issuance or renewal of a tax consultant’s license. Issuance or renewal of a tax preparer’s license. Issuance or renewal of a registered tax aide’s certificate. Issuance …
Except as provided in this section, every person licensed as a tax consultant shall keep records of all personal income tax returns prepared by the person, or in the preparation of which advice or assistance of the person has been given. The records of the returns shall be kept for a period of not less than four years after the date of the preparation, advic…
The acceptance by a nonresident of a license as tax consultant or a tax preparer shall be considered equivalent to the appointment by the nonresident of the Secretary of State as attorney upon whom may be served any summons, process or pleading in any action or suit against the nonresident in any court of this state, arising out of any business done by the n…
The lapsing, expiration, suspension or revocation of a license or certificate by operation of law or by order of the State Board of Tax Practitioners or by decision of a court of law, or the voluntary surrender of a license by a licensee or a certificate by a certificate holder, does not deprive the board of jurisdiction to proceed with any investigation of …
The State Board of Tax Practitioners may refuse to issue or renew a tax consultant or preparer’s license, or may suspend or revoke a tax consultant or preparer’s license, or may reprimand any person licensed as a tax consultant or tax preparer for: Violation of ORS 673.615, 673.705 or 673.712. Failure to keep the records required by ORS 673.690. Negligenc…
The State Board of Tax Practitioners may refuse to issue or renew or may suspend or revoke a registered tax aide’s certificate or may reprimand any person who is a registered tax aide for: Violation of ORS 673.615 (3) or 673.705. Conduct resulting in a conviction of a felony under the laws of any state or of the United States. However, such conduct may be …
It is unlawful for any person to: Obtain or attempt to obtain by any dishonest or fraudulent representation a license as a tax consultant or a tax preparer or a certificate as a registered tax aide. Represent that the person is licensed as a tax consultant or a tax preparer if the person is not so licensed or represent that the person is qualified as a reg…
If a personal income tax return is prepared by someone other than the taxpayer, the Department of Revenue may furnish to the State Board of Tax Practitioners a copy of that portion of the return that shows: The name, business name and address of the preparer; The date of preparation; and The signature of the preparer. In instances where the department or…
Prior to a taxpayer’s completion of an application for a refund anticipation loan, the facilitator shall clearly disclose in writing to the taxpayer on a form separate from the application: A listing or table of refund anticipation loan fees and the annual percentage rates, as defined by the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., charged by t…
A unit of a local government, as defined in ORS 174.116, may not adopt any rule, regulation, code or ordinance to restrict or limit any requirements under ORS 673.605 to 673.740 relating to refund anticipation loans. ORS 673.605 to 673.740 supersede and preempt any rule, regulation, code or ordinance of any unit of a local government, as defined in ORS 174.…
There is created a State Board of Tax Practitioners. The board shall consist of seven members who shall be appointed by the Governor. The term of office for each member shall be three years and no member shall be eligible for appointment to more than three terms of office, but a member serves at the pleasure of the Governor. Before the expiration of the ter…
The State Board of Tax Practitioners shall have the following powers, in addition to the powers otherwise granted by ORS 673.605 to 673.740, and shall have all powers necessary or proper to carry the granted powers into effect: To determine qualifications of applicants for licensing and certification as a tax consultant, a tax preparer or a registered tax a…
Except as provided in ORS 183.745, upon entry of a cease and desist order under ORS 673.605 to 673.740, the State Board of Tax Practitioners shall promptly give appropriate notice of the cease and desist order as provided in this section. The notice shall state that a hearing will be held on the cease and desist order if written demand for a hearing is filed…
Any person who violates any provision of ORS 673.605 to 673.740, any rule adopted thereunder or any order of the State Board of Tax Practitioners shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of not more than $5,000 for each violation. The amount of penalty shall be determined by the board after taking into consi…
Under appropriate circumstances, as a further remedy in a proceeding which may or may not result in imposition of a civil penalty under ORS 673.735 or in cancellation, suspension, revocation or refusal to renew a tax consultant’s or preparer’s license, the State Board of Tax Practitioners may impose the requirement of successful participation and completion …
As used in ORS 673.800 to 673.825: “Affiliate” means a person that controls, is controlled by or is under common control with another person, directly or indirectly. “Client” means a taxpayer that enters into an agreement with an exchange facilitator for services. “Exchange accommodation titleholder” means an exchange accommodation titleholder as describe…
When a change in control occurs for an exchange facilitator, the exchange facilitator within 10 business days after the change in control becomes effective shall notify the exchange facilitator’s clients with relinquished property located in this state or for which the exchange facilitator holds replacement property under a qualified exchange accommodation a…
An exchange facilitator shall at all times: Maintain one or more fidelity bonds that are issued by a corporate surety authorized to do business in this state in an aggregate amount of not less than $1 million; Deposit with a financial institution in an interest-bearing deposit account or money market account, the interest of which accrues to the exchange f…
An exchange facilitator shall act as a custodian for all exchange funds and shall invest the exchange funds only in investments that: Meet a prudent investor standard; and Satisfy the investment goals of liquidity and preservation of principal. An exchange facilitator fails to invest exchange funds according to a prudent investor standard if: The exchang…
An exchange facilitator may not knowingly: Make a materially false statement, material misrepresentation or material statement intended to mislead a client or another person concerning an exchange conducted under 26 U.S.C. 1031, or continue a course of material misrepresentation through advertising or otherwise; Fail to account within a reasonable time for…
A person that claims to have suffered damage because an exchange facilitator violated a provision of ORS 673.815 or 673.820 has a right of action on the bonds or deposits described in ORS 673.810. An action under this subsection does not limit the remedies available to the person under this section or under other provisions of law. An exchange facilitator t…
Violation of any of the provisions of ORS 673.310, 673.320, 673.345 or 673.350 is a Class A misdemeanor. Whenever the Oregon Board of Accountancy has reason to believe that any person is liable to punishment under this subsection it may certify the facts to the Attorney General, who may, in the discretion of the Attorney General, cause appropriate proceeding…