Instructions For Form 40x printable pdf download

Instructions for Form 40X

O R E G O N

D E PA R T M E N T

Oregon Amended Individual Income Tax Return

O F R E V E N U E

Use Form 40X to change or correct (amend) your orig i nal

How long do I have to ﬁ le for a refund?

Oregon full-year resident individual income tax return.

In most cases, you must ﬁ le for a refund within three years

• Form 40X is used to amend Form 40 or Form 40S only.

from the due date of your original return, or the date you ﬁ led

your original return, whichever is later. If the three-year ﬁ ling

• If you have not ﬁ led an original return for the tax year you

period has expired, you still may ﬁ le for a refund if:

are amending, do not use Form 40X. Please use Form 40 or

Form 40S. To order a booklet, see page 4.

• You paid tax for the tax year you are amending within the

past two years. Your refund is generally limited to the tax

Don’t use Form 40X to amend:

you paid in that two-year period.

• Form 40N, nonresident return, or Form 40P, part-year res-

• You had a net operating loss carryback. The claim must be

i dent return.

made within three years from the due date of the return for

• Form 90R, Elderly Rental Assistance (ERA) claims.

the tax year when the loss occurred. The due date includes

• An item changed by the Oregon Department of Rev e nue.

extensions.

If you received a Notice of Deﬁ ciency, a Notice of Assess-

• The IRS or another state adjusted your return or assessed tax

ment, a Notice of Proposed Refund Adjustment, or a Notice

for failure to ﬁ le a return. You must ﬁ le a copy of the audit

of Refund Denial, you must follow the appeal in struc tions

report, return, or assessment and your Oregon amended

on the notice you received from us. For taxpayer assistance

return within two years after the federal or other state

information, see page 4.

correction was made.

To complete Form 40X you will need:

When should I ﬁ le and pay if I owe additional tax?

• The Oregon full-year resident income tax booklet for the

File your amended return and pay any tax and interest due as

year you’re amending. To order a booklet, see page 4.

soon as you know that a change needs to be made. Interest is

• Your original Oregon full-year resident return, including all

ﬁ gured from the day after the due date of the original return

schedules used to complete your Oregon return.

up to the date the tax is paid. There also may be a penalty.

• Any notices you received if the Oregon Department of

Revenue changed your original return and you are not

How long will it take to process my amended return?

amending an item previously changed by the department.

Amended returns are matched with the original return and

• The federal audit report or the audit report from another

processed manually. Processing time varies depending on

state if your amended return is a result of an audit.

other workloads. During our busiest time of the year, Feb-

Nonresidents and part-year residents:

ru ary to September, it may take six months or longer to

pro cess your amended return.

Use Oregon Form 40N or Form 40P to amend a nonresident

or part-year resident return. You should:

Federal or other state audits

• Request a nonresident and part-year resident booklet for

the tax year you are amending. To order a booklet, see

Did an Internal Revenue Service (IRS) or another state audit

page 4.

change your Oregon taxable income? If so, you must attach a

copy of the audit report to your amended Oregon return.

• Write “Amended” in blue or black ink at the top of Form

40N or 40P.

Depreciation differences

• Fill out Form 40N or Form 40P using the correct information.

• Attach an explanation of your changes.

You will need the Oregon Depreciation Schedule and instruc-

tions. To order, see page 4.

• Figure interest on additional tax due. See “How to ﬁ gure

your interest” on page 3. Include interest in your payment,

Net operating loss (NOL)

but show it separately on the amended Form 40N or

Form 40P.

An Oregon NOL is deﬁ ned the same as a federal NOL. How-

ev er, you may have an Oregon NOL without having a fed-

Elderly Rental Assistance (ERA) Form 90R:

er al NOL. Your Oregon NOL is computed under the fed er al

Use Oregon Form 90R to ﬁ le an amended return for an ERA

methods. The only modiﬁ cation is for amounts that Or e gon

claim. You should:

is prohibited from taxing, such as interest from U.S. Series EE

or HH bonds (U.S. government interest).

• Request an ERA booklet for the year you are amending. To

order a booklet, see page 4.

Generally an NOL for a full-year resident is the same as the

federal NOL. Nonresidents are allowed an Oregon NOL if it

• Write “Amended” in blue or black ink at the top of Form

is generated from Oregon sources.

90R.

• Fill out Form 90R using the correct information.

If you are amending for an NOL, be sure to show the year of

the NOL and the NOL calculations.

• Attach an explanation of your changes.

150-101-047 (Rev. 12-04)

Instructions For Form 40x

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