Chapter 316 — Personal Income Tax
ORS 316.801 Addition for certain amounts withdrawn; penalty; exceptions
There shall be added to federal taxable income the amount of funds a taxpayer withdraws from a first-time home buyer savings account established under ORS 316.797, if:
Those funds were used for a purpose other than eligible costs;
In this tax year or a previous tax year, those funds were subtracted or exempted from federal taxable income under ORS 316.798; and
Those funds were not deposited into another first-time home buyer savings account held by the taxpayer.
There shall be added to federal taxable income the amount of funds a taxpayer holds in a first-time home buyer savings account not expended on eligible costs by December 31 of the last year of the 10-year period described under ORS 316.798 (3) if in a previous tax year those funds were subtracted or exempted from federal taxable income under ORS 316.798.
The Department of Revenue shall assess a penalty against the taxpayer in the amount of five percent of the funds withdrawn from a taxpayer’s first-time home buyer savings account, if:
The withdrawal of funds occurs during the 10-year period set forth in ORS 316.798 (3); and
The withdrawn funds are not used for eligible costs or deposited into another first-time home buyer savings account held by the taxpayer.
The penalty described in subsection (3) of this section does not apply to any funds withdrawn from a first-time home buyer savings account of:
A taxpayer who is deceased;
A taxpayer who has filed for protection under the United States Bankruptcy Code (11 U.S.C. 101 et seq.); or
A taxpayer whose loss of use or function of any portion of the body permanently incapacitates the taxpayer from regularly performing work at a gainful and suitable occupation.
Official sources · 2Tap to view provenance and version history
Provenance
2025 Oregon Revised Statutes — official online source
Official online edition
- Source
- oregonlegislature.gov
- SHA-256
c556b25d…19563621- Review
- auto verified
Version history
Earlier statutory text is available in an ingested published ORS edition.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source