PORTLAND, Ore. — Monday is tax day, and many taxpayers are likely to spend part of their weekend finally powering through the filing process that they've been putting off. But there's an added silver lining for most Oregonian procrastinators: filing their 2023 taxes will give them the opportunity to claim their share of this year's record-breaking kicker.
But what about people who slacked off last year and missed the deadline? Multiple people have posted on Reddit in the past few weeks, wondering how their kicker will be impacted if they haven't yet filed their 2022 taxes and what they need to do to make sure it goes through.
THE QUESTION
Do you need to file your 2022 taxes first in order to claim your kicker when you file for 2023?
THE SOURCES
THE ANSWER
Yes, your 2022 taxes need to be filed — and processed — before you can claim your 2023 kicker. If you claim a kicker on your 2023 taxes while your 2022 taxes are still being processed, it will be automatically denied.
WHAT WE FOUND
Under Oregon's unique kicker law, if state revenue at the end of a budget cycle exceeds projections by at least 2%, the difference gets refunded back to taxpayers. The state operates on a biennial budget cycle, so the kicker can only be triggered every two years.
The amount each taxpayer gets back is calculated based on their taxable income in the first year of the budget cycle, which is why Oregonians need to have their 2022 taxes finished and processed beforehand, even though they'll receive the kicker as part of their tax refund for 2023.
Taxes for 2022 can still be filed now, although they will likely be subject to a late penalty. According to an Oregon Department of Revenue spokesperson, it's best to file for 2022 first and then wait for that return to process before filing for 2023 and claiming a kicker — if a kicker claim is filed before the 2022 return is processed, it will be automatically denied.
With only a few days left until the 2023 filing deadline, that creates a pickle for anyone who wants to claim a kicker but still hasn't filed for 2022; there probably isn't time for the 2022 return to finish processing before the 2023 deadline.
But not to worry: your kicker won't disappear just because you don't claim it before the deadline. According to the DOR spokesperson, Oregonian taxpayers can still claim a kicker refund up to three years after the original filing deadline, which in this case gives them until April 15, 2027 — although they will probably incur separate late penalties on their 2023 return.
The state maintains the unclaimed portion of each year's kicker fund for three years past the deadline. After that, any remaining portion stays with the state's General Fund.
