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Kicker Donation FAQ
If the return you submitted shows the kicker box checked, you did make the election, whether you intended to or not. By law, the department cannot issue your kicker to you in that case.


Mistakenly donated kicker refunds Frequently Asked Questions

1.    My kicker refund was donated to the State School Fund even though I didn’t check the box when I e-filed. How do I get my money back?
a.    Make a copy of the front page only of your 2006 Oregon tax return (Form 40S, 40, 40P, or 40N) that shows that you didn’t check the “donate kicker” box; write "kicker" plainly across the top of copy of the return.
b.    On the back of the tax return copy, write: "I certify that I did not check the box to donate my tax year 2006 kicker to the State School Fund."
c.    Sign and legibly print your name, and include the date. If you filed jointly, both spouses must sign and date.   
d.    Mail (don’t e-mail or fax) this page of your tax return with the certification statement on the back, along with the letter you should have received from us, to:
 
Oregon Department of Revenue
PO Box 14600
Salem OR 97309-5049

2.    What authority are you using to refund the money when the law says the decision is irrevocable?
The law applies to people who choose to donate to the State School Fund. In this case, these taxpayers can verify they didn’t make that choice.

3.    I filed using 2-D Barcode. Will this apply to me?
We won’t refund 2-D and other paper returns showing the box checked. A 2-D barcode return is paper so the taxpayer must sign it before sending it to us. If the taxpayer checks the “donate” box and signs it, that confirms that the taxpayer chose to donate their kicker.  
 
4.    When will I get my check?
Three to four weeks after we receive your signed front page of your 2006 tax return that shows you didn’t check the box.

5.    Will this change kicker law in the future?
The Legislature makes laws regarding kicker, including the donation to the State School Fund.

6.    Don't you think that there are many who just changed their minds?
Taxpayers who change their minds are not eligible to have their kicker returned to them. We’re asking people to provide proof that they didn’t check the box to donate their kicker. We’re relying on the honesty and integrity of Oregonians.

7.    Why do I have to send proof when I’ve already told you I didn’t make that election?
Our records show the box is checked, so we need you to provide us with the documentation that shows it isn’t. We will keep the documentation you provide us with your tax file for our accounting purposes.
   
8.    Are you going to go back and check the validity of the claims?
We may.

9.    How will the department avoid this in future?
We're still trying to determine the cause. We’re working internally and with software companies to determine the source of the problem, and to prevent this from happening in the future.

10.    Are you continuing to investigate? How?
Yes. We are reviewing our processes and documents, collaborating with software companies and tax preparers, and reviewing information from taxpayers.

11.    Is e-filing that inaccurate?
E-filing is still the most accurate form of filing available to taxpayers. It’s also safe and secure. In 2006, we processed 1.7 million tax returns. Of those, almost 1 million—roughly 56 percent—were successfully e-filed. Although this issue affected approximately 3,000 taxpayers, that’s only .003 percent of all e-filed returns.

12.    What about the software company or tax preparer I used to file my return?
We work with the software companies and tax preparers all year to ensure that their tax preparation software processes tax information correctly. We will continue to work with them on this issue.
 
13.    Will you pay interest on these kicker refunds?
No, Oregon law doesn’t allow interest to be paid on kickers.

14.    Are you waiting until February to mail all the checks?
No, we will process and mail each check as we receive the documentation from the taxpayers.
 
15.    What if I can't submit the documentation you ask for by February 1, or my spouse isn't available to sign it?
Call us so that we can work with you.

16.    If I don't make the date, can I still get my check?
Please contact us if you can't get your letter to us by February 1, 2008.

17.    What do I do if my spouse and I divorced, or my spouse died?
Please contact us so we can work with you.

18.    Why can’t I just e-mail all this to you?
The front page of your tax return contains your Social Security number. Because of the unsecure nature of e-mail, we discourage people from ever e-mailing us their Social Security number.


 
Page updated: December 21, 2007

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