ORS 314.835: Divulging particulars of returns and reports prohibited.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Except as otherwise specifically provided in rules adopted under ORS 305.193 or in other law, it shall be unlawful for the Department of Revenue or any officer or employee of the department to divulge or make known in any manner the amount of income, expense, deduction, exclusion or credit or any particulars set forth or disclosed in any report or return required in the administration of any local tax pursuant to ORS 305.620 or required under a law imposing a tax upon or measured by net income. It shall be unlawful for any person or entity to whom information is disclosed or given by the department pursuant to ORS 314.840 (2) or any other provision of state law to divulge or use such information for any purpose other than that specified in the provisions of law authorizing the use or disclosure. No subpoena or judicial order shall be issued compelling the department or any of its officers or employees, or any person who has acquired information pursuant to ORS 314.840 (2) or any other provision of state law to divulge or make known the amount of income, expense, deduction, exclusion or credit or any particulars set forth or disclosed in any report or return except where the taxpayer’s liability for income tax is to be adjudicated by the court from which such process issues. (2) For the purposes of public records disclosure in ORS 192.311 to 192.478, or otherwise, the confidentiality rules and requirements in this section apply to any local government agency and its officers and employees in the same manner in which they apply to the Department of Revenue and its officers and employees. (3) As used in this section: (a) “Local government agency” means an agency, department or other subdivision of a local government or local service district, as those terms are defined in ORS 174.116, that collects, administers or manages a local tax imposed upon or measured by gross receipts, gross or net income, wages or net earnings from self-employment, local general sales and use taxes or taxes imposed under ORS 475C.453. (b) “Officer,” “employee” or “person” includes an authorized representative of the officer, employee or person, or any former officer, employee or person, or an authorized representative of such former officer, employee or person. (c) “Particulars” includes, but is not limited to, a taxpayer’s name, address, telephone number, Social Security number, employer identification number or other taxpayer identification number and the amount of refund claimed by or granted to a taxpayer. [1957 c.632 §34 (enacted in lieu of 316.740 and 317.535); 1971 c.682 §1; 1975 c.789 §13; 1979 c.690 §1; 1993 c.726 §25; 1999 c.580 §1; 2003 c.541 §4; 2015 c.348 §15; 2024 c.28 §1]
Administrative rules citing this section
This rule cites
- ORS 305.193 — resolved
- ORS 305.620 — resolved
- ORS 314.840 — resolved
- ORS 192.311 — resolved
- 192.478 — resolved
- ORS 174.116 — resolved
Cited by
- ORS 173.850: Department of Revenue to provide assistance; status of reports and information.
- ORS 180.320: Cooperation with division in enforcement; confidentiality of information furnished to division.
- ORS 297.060: Confidentiality of tax records; penalty for disclosure.
- ORS 305.193: Disclosure of tax information to designated persons; rules.
- ORS 305.215: Conflicting claims for personal income tax items; notice procedure; appeal; evidence as public record.
- ORS 305.225: Request of assistance by law enforcement agency; disclosure of tax records.
- ORS 305.305: Procedure where deficiency based on federal or other state audit report; effect of appeal; interest suspension.
- ORS 305.330: Tax liability of reorganized business entity.
- ORS 305.385: Agencies to supply licensee and contractor lists; contents; effect of department determination on taxpayer status of licensee or contractor; rules.
- ORS 305.620: Collection and distribution of local taxes on income and sales; costs; court review of determinations and orders; appeals.
- ORS 305.801: Authority of Taxpayer Advocate to issue order to department.
- ORS 305.806: Posting of information about debtors with delinquent tax debt on department website.
- ORS 307.883: Taxes held in trust; warrant for delinquent taxes; enforcement procedures.
- ORS 307.890: Exemption from disclosure; statutory conflict resolution.
- ORS 314.840: Disclosure of information; persons to whom information may be furnished.
- ORS 314.843: Reporting of information to consumer reporting agency; rules.
- ORS 314.865: Use of certain information for private benefit prohibited.
- ORS 314.991: Penalties.
- ORS 316.193: Withholding of state income taxes from federal retired pay for members of uniformed services.
- ORS 316.196: Withholding of state income taxes from federal retirement pay for civil service annuitant.
- ORS 316.207: Liability for tax; warrant for collection; conference; appeal.
- ORS 316.221: Disposition of withheld amounts.
- ORS 316.567: Joint declaration of spouses in a marriage; liability; effect on nonjoint returns; rules.
- ORS 317.650: Insurers; depreciation and basis provisions; confidentiality of returns; calendar year filing of returns required.
- ORS 320.325: Amounts held in trust; enforcement; joint and several liability.
- ORS 320.332: Disclosure of confidential information by Department of Revenue and local governments; rules.
- ORS 320.340: Exemption from public records law.
- ORS 403.225: Amounts collected held in trust; enforcement.
- ORS 403.230: Application of other laws.
- ORS 465.112: Amounts held in trust; enforcement.
- ORS 653.278: Bureau of Labor and Industries and Department of Revenue information sharing.
- ORS 670.700: Agencies in network; duties of network.
- ORS 673.415: Furnishing of signature block of income tax return or report by Department of Revenue; use of information; unlawful disclosure.
- ORS 673.710: Names of tax preparers and other information furnished by Department of Revenue; use of information.
- ORS 731.859: Applicability of retaliatory provisions; disclosure of tax returns.
- ORS 759.685: Surcharge assessed on retail telecommunications subscribers; rules.
- OAR 137-105-0050: Monitoring and Enforcing Tobacco Product Manufacturer Compliance
- OAR 150-305-0010: Requirement for Social Security Numbers
- OAR 150-314-0267: Requirement to Provide Copies of Documents
- OAR 150-314-0530: Divulging Particulars of Returns and Reports Prohibited
- OAR 150-314-0535: Information That May Be Furnished
- OAR 150-314-0540: Rewards for Information
- OAR 150-320-0060: Lodging Tax Information Sharing with Local Governments
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors314.html