314.002 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 314 — Taxes Imposed Upon or Measured by Net Income
252 sections314.004 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.006 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.008 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.010 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.011 Definitions; conformance with federal income tax law
As used in this chapter, unless the context requires otherwise, “department” means the Department of Revenue. As used in this chapter: Any term has the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required or the term is specifically defined in thi…
314.012 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.013 [2003 c.704 §4; repealed by 2005 c.533 §5]repealed
No operative statutory text appears at this designation in the selected edition.
314.014 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.015 Soccer referees considered independent contractors
Notwithstanding ORS 670.600, for purposes of ORS chapter 316, a person serving as a referee or assistant referee in a youth or adult recreational soccer match shall be considered to be an independent contractor.
314.016 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.018 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.020 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.021 Application of chapter
Except where the context requires otherwise, this chapter is applicable to all laws of this state imposing taxes upon or measured by net income.
314.022 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.023 Application to partners in domestic partnership and to surviving partners
This chapter applies to partners in a domestic partnership, as defined in ORS 106.310, and surviving partners as if federal income tax law recognized a domestic partnership in the same manner as Oregon law.
314.024 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.026 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.028 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.029 Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to personal income tax
Notwithstanding ORS 316.012 (1983 Replacement Part), and subject to all other provisions of ORS chapter 316 in effect and applicable to transactions occurring on or after January 1, 1984, the Deficit Reduction Act of 1984 (P.L. 98-369) insofar as it applies to transactions occurring on or after January 1, 1984, shall apply to the same transactions for Oregon…
314.030 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.031 Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to corporate excise and income tax
Notwithstanding ORS 317.010, 317.013 and 317.018 (all 1983 Replacement Part), and subject to all other provisions of ORS chapters 317 and 318 in effect and applicable to transactions occurring on or after January 1, 1984, the Deficit Reduction Act of 1984 (P.L. 98-369) insofar as it applies to transactions occurring on or after January 1, 1984, shall apply t…
314.032 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.033 Application of federal Tax Reform Act of 1986 (P.L. 99-514)
For purposes of subsections (2) to (15) of this section, “TRA” means the federal Tax Reform Act of 1986 (P.L. 99-514). Unless the context requires otherwise, the amendments, repeals and new matter contained in chapter 293, Oregon Laws 1987, apply generally to tax years beginning on or after January 1, 1987, or to transactions occurring on or after January 1…
314.034 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.035 Application of Omnibus Budget Reconciliation Act of 1987 (P.L. 100-203), Family Support Act of 1988 (P.L. 100-485) and Technical and Miscellaneous Revenue Act of 1988 (P.L. 100-647)
Except as provided in subsections (2) to (4) of this section and sections 83 to 92, chapter 625, Oregon Laws 1989, the amendments by chapter 625, Oregon Laws 1989, apply to transactions or activities occurring on or after January 1, 1989, in tax years beginning on or after January 1, 1989. The effective and applicable dates, and the exceptions, special rule…
314.036 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.037 Application of P.L. 101-140, Omnibus Budget Reconciliation Act of 1989 (P.L. 101-239) and Omnibus Budget Reconciliation Act of 1991 (P.L. 101-508)
Except as provided in subsection (2) of this section and sections 25a to 32, chapter 457, Oregon Laws 1991, the new material and amendments by chapter 457, Oregon Laws 1991, apply to transactions or activities occurring on or after January 1, 1991, in tax years beginning on or after January 1, 1991. The effective and applicable dates, and the exceptions, sp…
314.038 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.039 Application of P.L. 102-2, Comprehensive National Energy Policy Act of 1992 (P.L. 102-486), Unemployment Compensation Amendments of 1992 (P.L. 102-318), Tax Extension Act of 1991 (P.L. 102-227) and Emergency Unemployment Compensation Act of 1991 (P.L. 102-164)
Except as specifically provided otherwise, the new material enacted, amendments and repeals made by chapter 726, Oregon Laws 1993, apply to transactions or activities occurring on or after January 1, 1993, in tax years beginning on or after January 1, 1993. The effective and applicable dates, and the exceptions, special rules and coordination with the Inter…
314.040 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.041 Application of Revenue Reconciliation Act of 1993 (P.L. 103-66), the Uruguay Round Agreements Act (P.L. 103-465) and P.L. 104-7
Except as provided in subsection (2) of this section, sections 7, 7a, 28, 38 and 40, chapter 556, Oregon Laws 1995, and the new material enacted and amendments and repeals made by chapter 556, Oregon Laws 1995, apply to transactions or activities occurring on or after January 1, 1995, in tax years beginning on or after January 1, 1995. The effective and app…
314.042 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.043 Application of ICC Termination Act of 1995 (P.L. 104-88), P.L. 104-117, Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-134), Small Business Job Protection Act of 1996 (P.L. 104-188), Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193)
Except as specifically provided otherwise, the new provisions enacted and amendments and repeals of statutes made by chapter 839, Oregon Laws 1997, apply to transactions or activities occurring on or after January 1, 1997, in tax years beginning on or after January 1, 1997. The effective and applicable dates, and the exceptions, special rules and coordinati…
314.044 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.045 Application of Taxpayer Relief Act of 1997 (P.L. 105-34), Taxpayer Browsing Protection Act (P.L. 105-35), Balanced Budget Act of 1997 (P.L. 105-33), Internal Revenue Service Restructuring and Reform Act of 1998 (P.L. 105-206), Transportation Equity Act for the 21st Century (P.L. 105-178) and Tax and Trade Relief Extension Act of 1998 (P.L. 105-277)
Except as specifically provided in sections 4, 4b, 20 and 25b, chapter 90, Oregon Laws 1999, the new provisions enacted and amendments to statutes made by chapter 90, Oregon Laws 1999, apply to transactions or activities occurring on or after January 1, 1999, in tax years beginning on or after January 1, 1999. The effective and applicable dates, and the exc…
314.046 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.047 Application of Tax Relief Extension Act of 1999 (P.L. 106-170) and FSC Repeal and Extraterritorial Income Exclusion Act of 2000 (P.L. 106-519)
The amendments to statutes by sections 23 to 52, chapter 660, Oregon Laws 2001, apply to transactions or activities occurring on or after January 1, 2001, in tax years beginning on or after January 1, 2001. The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dat…
314.048 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.049 Application of Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) and Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)
The amendments to statutes by sections 1 to 22, chapter 77, Oregon Laws 2003, apply to transactions or activities occurring on or after January 1, 2003, in tax years beginning on or after January 1, 2003. The effective and applicable dates, and the exceptions, special rules and coordination with the Internal Revenue Code, as amended, relative to those dates…
314.050 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.051 Application of Veterans Benefit Act of 2002 (P.L. 107-330), Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108-27), Military Family Tax Relief Act of 2003 (P.L. 108-121), Working Families Tax Relief Act of 2004 (P.L. 108-311) and American Jobs Creation Act of 2004 (P.L. 108-357)
Except as provided in subsections (2) and (3) of this section, ORS 316.821 and the amendments to statutes by sections 13 to 28 and 31, chapter 832, Oregon Laws 2005, apply to transactions or activities occurring on or after January 1, 2005, in tax years beginning on or after January 1, 2005. The effective and applicable dates, and the exceptions, special ru…
314.052 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.053 Application of Deficit Reduction Act of 2005 (P.L. 109-171), Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) and Pension Protection Act of 2006 (P.L. 109-280)
Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 14, chapter 614, Oregon Laws 2007, apply to transactions or activities occurring on or after January 1, 2007, in tax years beginning on or after January 1, 2007. The effective and applicable dates, and the exceptions, special rules and coordination wit…
314.054 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.055 Application of Energy Independence and Security Act of 2007 (P.L. 110-140), Mortgage Forgiveness Debt Relief Act of 2007 (P.L. 110-142), Tax Increase Prevention Act of 2007 (P.L. 110-166) and Tax Technical Corrections Act of 2007 (P.L. 110-172)
Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 17, chapter 45, Oregon Laws 2008, apply to transactions or activities occurring on or after January 1, 2008, in tax years beginning on or after January 1, 2008. The effective and applicable dates, and the exceptions, special rules and coordination with…
314.056 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.057 Application of Economic Stimulus Act of 2008 (P.L. 110-185), Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245), Food, Conservation, and Energy Act of 2008 (P.L. 110-246), Housing and Economic Recovery Act of 2008 (P.L. 110-289), Emergency Economic Stabilization Act of 2008, Energy Improvement and Extension Act of 2008, Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (P.L. 110-343) and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351)
Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 27, chapter 5, Oregon Laws 2009, apply to transactions or activities occurring on or after January 1, 2009, in tax years beginning on or after January 1, 2009. The effective and applicable dates, and the exceptions, special rules and coordination with …
314.058 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.059 Application of American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 34, chapter 909, Oregon Laws 2009, apply to transactions or activities occurring on or after May 1, 2009, in tax years beginning on or after January 1, 2009. The effective and applicable dates, and the exceptions, special rules and coordination with th…
314.060 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.061 Application of Consumer Assistance to Recycle and Save Act of 2009 (P.L. 111-32) and Worker, Homeownership, and Business Assistance Act of 2009 (P.L. 111-92)
Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 21, 23, 24, 26, 27 and 29 to 32, chapter 82, Oregon Laws 2010, apply to transactions or activities occurring on or after January 1, 2010, in tax years beginning on or after January 1, 2010. The effective and applicable dates, and the exceptions, specia…
314.062 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.063 Application of Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act (P.L. 111-226), Patient Protection and Affordable Care Act (P.L. 111-148), Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (P.L. 111-192), Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and Homebuyer Assistance and Improvement Act of 2010 (P.L. 111-198)
Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 19 and 21 to 27, chapter 7, Oregon Laws 2011, apply to transactions or activities occurring on or after January 1, 2011, in tax years beginning on or after January 1, 2011. The effective and applicable dates, and the exceptions, special rules and coord…
314.064 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.066 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.068 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.070 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.072 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.074 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.075 Evading requirements of law prohibited
No person, or officer or employee of a corporation or a member or employee of a partnership, shall, with intent to evade any requirement of any law imposing taxes upon or measured by net income or any lawful requirement of the Department of Revenue thereunder: Fail to pay any tax or to make, sign or verify any return or to supply any information required; …
314.078 Determination of tax credit amounts
For purposes of this chapter and ORS chapters 315, 316, 317 and 318, a taxpayer claiming a credit against tax must claim the maximum amount of any tax credit that is allowed to the taxpayer for the tax year, to the extent of the tax liability of the taxpayer.
314.080 Venue on failure to comply with law
The failure to do any act required by or under any law imposing taxes upon or measured by net income shall be deemed an act committed in part at the office of the Department of Revenue in Oregon.
314.085 Taxable year; rules
The taxable year of a partnership, REMIC (real estate mortgage investment conduit) or taxpayer shall be the same as its taxable year for federal income tax purposes. If the taxable year of a partnership, REMIC or taxpayer is changed for federal income tax purposes, that change in taxable year shall also apply for purposes of state taxation. If a change in t…
314.088 [2005 c.519 §2; repealed by 2011 c.83 §9]repealed
No operative statutory text appears at this designation in the selected edition.
314.091 Abeyance of tax during periods of active duty military service
This section applies to a taxpayer who is a member of the Armed Forces of the United States who is on active duty for 90 consecutive days or more or who is a member of the Oregon National Guard, the military reserve forces or the organized militia of any other state or territory of the United States who performs service in a status under Title 10 of the Unit…
314.105 Definitions for ORS 314.105 to 314.135
For purposes of ORS 314.105 to 314.135: “Determination” means: A decision by the Oregon Tax Court that has become final; A closing agreement made under ORS 305.150; A final disposition by the Department of Revenue of a claim for refund. For purposes of this paragraph, a claim for refund shall be deemed finally disposed of by the department as to items wi…
314.110 [1953 c.702 §1; 1957 c.337 §4; repealed by 1971 c.248 §6]repealed
No operative statutory text appears at this designation in the selected edition.
314.115 Adjustment to correct effect of certain errors; use limited
If a determination is described in ORS 314.125 and, on the date of the determination, correction of the effect of the error referred to in the applicable provision of ORS 314.125 is prevented by the operation of any law or rule of law other than ORS 314.105 to 314.135 and other than ORS 305.150, then the effect of the error shall be corrected by an adjustmen…
314.120 [1953 c.702 §2; repealed by 1971 c.248 §6]repealed
No operative statutory text appears at this designation in the selected edition.
314.125 When adjustment may be made
The circumstances under which the adjustment provided in ORS 314.115 is authorized are as follows: The determination requires the inclusion in gross income of an item that was erroneously included in the gross income of the taxpayer for another taxable year or in the gross income of a related taxpayer. The determination allows a deduction or credit that wa…
314.130 [1953 c.702 §3; repealed by 1971 c.248 §6]repealed
No operative statutory text appears at this designation in the selected edition.
314.135 Computation; method of adjustment; credit or setoff limited; recovery after payment limited
In computing the amount of an adjustment under ORS 314.105 to 314.135 there shall first be ascertained the tax previously determined for the taxable year with respect to which the error was made. The amount of the tax previously determined shall be the excess of: The sum of the amount shown as the tax by the taxpayer on the return of the taxpayer, if a retu…
314.140 Adjustment of returns of related taxpayers after reallocation of income or deduction on federal return
Whenever there has been an adjustment of federal income tax liability involving a reallocation of any item of income or deduction between related taxpayers, and when such adjustment results in the assessment of a tax deficiency or the issuance of a refund check or both, then for Oregon income tax purposes, whether or not the Department of Revenue effects a s…
314.155 [1965 c.178 §8; 1969 c.493 §79; repealed by 1983 c.162 §57]repealed
No operative statutory text appears at this designation in the selected edition.
314.160 [1965 c.178 §9; 1969 c.493 §80; repealed by 1983 c.162 §57]repealed
No operative statutory text appears at this designation in the selected edition.
314.165 [1965 c.178 §10; 1969 c.493 §81; repealed by 1983 c.162 §57]repealed
No operative statutory text appears at this designation in the selected edition.
314.170 [1965 c.178 §11; repealed by 1969 c.493 §98]repealed
No operative statutory text appears at this designation in the selected edition.
314.175 [1965 c.178 §12; 1969 c.493 §82; repealed by 1983 c.162 §57]repealed
No operative statutory text appears at this designation in the selected edition.
314.210 [Formerly 317.605; 2003 c.46 §31; repealed by 2005 c.94 §78]repealed
No operative statutory text appears at this designation in the selected edition.
314.220 [Formerly 317.610; repealed by 2005 c.94 §78]repealed
No operative statutory text appears at this designation in the selected edition.
314.230 [Formerly 317.615; repealed by 2005 c.94 §78]repealed
No operative statutory text appears at this designation in the selected edition.
314.250 [1967 c.592 §18; 1987 c.293 §53; repealed by 1989 c.802 §8]repealed
No operative statutory text appears at this designation in the selected edition.
314.255 Collection of taxes due after revocation of certification of pollution control facility; exceptions to tax relief allowed for pollution control facility
Upon receipt of notice of the revocation of a certification of a pollution control facility pursuant to ORS 468.185 (1), the Department of Revenue immediately shall collect any taxes due by reason of such revocation, and shall have the benefit of all laws of this state pertaining to the collection of income and excise taxes. No assessment of such taxes shall…
314.256 Lobbying expenditures; proxy tax; rules
If a tax is imposed upon an organization under section 6033(e) of the Internal Revenue Code (proxy tax on lobbying expenditures) for any tax year, a like tax is imposed for the tax year upon the same amount as taxed for federal tax purposes, as allocated or apportioned to Oregon. The rate of the tax shall be the rate specified in ORS 317.061. The tax shall b…
314.257 [1995 c.556 §46; repealed by 1997 c.839 §69]repealed
No operative statutory text appears at this designation in the selected edition.
314.258 Withholding in certain conveyances of real estate; rules
As used in this section: “Authorized agent” means an agent who is responsible for closing and settlement services in a conveyance. “Closing and settlement services” means services that are provided by: A licensed escrow agent in a real estate closing escrow as provided in ORS 696.505 to 696.590; or An attorney for the benefit of a transferor or a transfe…
314.260 Taxation of real estate mortgage investment conduits
An entity described in section 860D of the Internal Revenue Code (a real estate mortgage investment conduit or REMIC) is not subject to a tax under ORS chapter 316, 317 or 318 (and may not be treated as a corporation, partnership or trust for purposes of ORS chapter 316, 317 or 318). If a REMIC engages in a prohibited transaction as defined in section 860F(…
314.265 [1997 c.839 §51; repealed by 2019 c.320 §5]repealed
No operative statutory text appears at this designation in the selected edition.
314.275 [1957 c.544 §2; 1969 c.493 §84; 1983 c.162 §52; repealed by 1987 c.293 §56]repealed
No operative statutory text appears at this designation in the selected edition.
314.276 Method of accounting
The method of accounting of a partnership, REMIC (real estate mortgage investment conduit) or taxpayer shall be the same as the method of accounting which the partnership, REMIC or taxpayer uses for federal income tax purposes for the taxable year. Notwithstanding subsection (1) of this section, if the method of accounting used by the partnership, REMIC or …
314.277 [1961 c.176 §§2,4; 1969 c.493 §85; repealed by 1987 c.293 §56]repealed
No operative statutory text appears at this designation in the selected edition.
314.280 Allocation of income of financial institution or public utility from business within and without state; rules; alternative apportionment for electing utilities or telecommunications taxpayers
If a taxpayer has income from business activity as a financial institution or as a public utility (as defined respectively in ORS 314.610 (4) and (6)) which is taxable both within and without this state (as defined in ORS 314.610 (8) and 314.615), the determination of net income shall be based upon the business activity within the state, and the Department o…
314.285 [1957 c.632 §5 (enacted in lieu of 316.210 and 317.185); repealed by 1987 c.293 §56]repealed
No operative statutory text appears at this designation in the selected edition.
314.287 Costs allocable to inventory
In the computation of state taxable income, costs allocable to inventory shall be the same as those allocable to inventory under section 263A of the Internal Revenue Code as of the close of the tax year for which a return is filed and shall not be adjusted for any addition, subtraction, modification or other adjustment contained in this chapter or ORS chapte…
314.290 [1957 c.102 §2; 1979 c.579 §4; 1991 c.457 §16a; 1995 c.556 §22; repealed by 2001 c.509 §19]repealed
No operative statutory text appears at this designation in the selected edition.
314.295 Apportionment or allocation where two or more organizations, trades or businesses are owned or controlled by the same interests
In any case of two or more organizations, trades or businesses (whether or not incorporated, whether or not organized in the United States and whether or not affiliated) owned or controlled directly or indirectly by the same interests, the Department of Revenue may distribute, apportion or allocate gross income, deductions, credits or allowances between or a…
314.296 [2009 c.402 §2; 2013 c.467 §1; repealed by 2013 c.467 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.297 Election for alternative determination of farm income; computation of income; rules
As used in this section: “Farm income”: Means taxable income attributable to a farming business; and Includes gain from the sale or other disposition of property (other than land) regularly used by the taxpayer in the farming business for a substantial period of time. “Farming business” has the meaning given that term in section 263A(e)(4) of the Interna…
314.300 Passive activity loss; determination; treatment; rules
For purposes of applying section 469 of the Internal Revenue Code to the laws of this state imposing taxes upon or measured by income: Passive activity loss shall be determined with respect to the activities of the taxpayer under section 469 of the Internal Revenue Code and related federal law and then shall be adjusted by the additions, subtractions, modif…
314.302 Interest on deferred tax liabilities with respect to installment obligations; rules
Subject to subsections (2) to (4) of this section, if interest on deferred tax liability with respect to an installment obligation is required to be paid for federal income tax purposes under section 453A of the Internal Revenue Code, then interest on that same deferred tax liability shall be paid in the same manner (including the pledging rules under sectio…
314.304 [1995 c.556 §42; 1999 c.21 §33; repealed by 1999 c.21 §34]repealed
No operative statutory text appears at this designation in the selected edition.
314.306 Income from discharge of indebtedness; bankruptcy; insolvency
If a taxpayer excludes an amount from federal gross income by reason of the discharge of indebtedness of the taxpayer under section 108(a)(1)(A) of the Internal Revenue Code (relating to discharge of indebtedness in a bankruptcy declared under U.S.C. Title 11), then, with respect to that portion of the excluded amount that is apportioned to Oregon, the taxpa…
314.307 Definitions; reportable transactions
As used in this section and ORS 314.308, 314.403 and 314.404: “Listed transaction” means any of the following transactions: A listed transaction under section 6707A of the Internal Revenue Code. A transaction without economic substance in which an Oregon taxable corporation: Transfers income-producing assets to a real estate investment trust owned direct…
314.308 Reportable transactions; rules
If required by rules adopted by the Department of Revenue: Any person who engages in a reportable transaction as a buyer or transferor shall report the transaction to the department. Any person who, as the result of a reportable transaction, acquires an interest in property, a present or future right to income, a present or future right to claim a loss, de…
314.310 Liability of transferee of taxpayer for taxes imposed on taxpayer
When a taxpayer ceases to exist or is no longer subject to the jurisdiction of this state (although subject to the courts of a state having comity or reciprocity with the State of Oregon), being indebted for taxes upon or measured by net income, the transferee of the money or property of the taxpayer shall be liable for any such tax or deficiency in tax, inc…
314.330 Lien if grantor or other person determined to be owner of trust
If a final determination treats the grantor of a trust or any other person as the owner of any portion of a trust pursuant to sections 671 to 679 of the federal Internal Revenue Code or any other law, the lien of the State of Oregon imposed by ORS 314.417 shall attach to all property and rights to property, whether real or personal, of that portion of the tr…
314.355 Returns when tax year changed
If a taxpayer changes the tax year on the basis of which net income is computed, the taxpayer shall, at the time and in the manner the Department of Revenue prescribes, make a separate return of net income received during the period intervening between the end of the former income year of the taxpayer and the beginning of the new income year.
314.360 Information returns; penalties
Fiduciaries required to make returns under laws imposing tax upon or measured by net income, proprietorships, partnerships, corporations, joint stock companies or associations or insurance companies, having places of business in this state, in whatever capacity acting, including lessees or mortgagors of real or personal property, fiduciaries, employers, purc…
314.362 Filing return on magnetic media or other machine-readable form; rules
The information return and the employer’s annual return, described in ORS 314.360 and 316.202 (3) shall be filed on magnetic media or other machine-readable form if the corresponding federal return is required to be filed on magnetic media or other machine-readable form by section 6011 (e) of the Internal Revenue Code and the regulations, revenue rulings and…
314.363 [1975 c.760 §2; repealed by 1984 c.1 §18]repealed
No operative statutory text appears at this designation in the selected edition.
314.364 Authority of department to require filing of returns by electronic means; rules
As used in this section: “Electronic means” includes computer-generated electronic or magnetic media, Internet-based applications or similar computer-based methods or applications. “Paid tax preparer” means a person who prepares a tax return for another or advises or assists in the preparation of a tax return for another, or who employs or authorizes anoth…
314.365 [1957 c.632 §8 (enacted in lieu of 316.550 and 317.365); 1961 c.533 §51; repealed by 1985 c.266 §6]repealed
No operative statutory text appears at this designation in the selected edition.
314.370 Department requiring return or supplementary return
If the Department of Revenue is of the opinion that a taxpayer has failed to file a return, or to include in a return filed, either intentionally or through error, items of taxable income, it may require from the taxpayer a return or supplementary return, under oath, in such form as it shall prescribe, of all the items of income which the taxpayer received d…
314.380 Furnishing copy of federal or other state return or report; action required when return filed or changed or tax assessed
Every taxpayer shall, upon request of the Department of Revenue, furnish a copy of the return for the corresponding year, which the taxpayer has filed or may file with the federal government, showing the taxpayer’s net income and how obtained and the several sources from which derived. Every taxpayer shall, upon request of the department, furnish a copy of a…
314.385 Form of returns; time for filing; alternative filing formats; rules
For purposes of ORS chapter 316, returns shall be filed with the Department of Revenue on or before the due date of the corresponding federal return for the tax year as prescribed under the Internal Revenue Code and the regulations adopted pursuant thereto. For purposes of ORS chapters 317 and 318, returns shall be filed with the department on or before the…
314.395 Time for payment of tax; interest on delayed return
The tax shall be paid to the Department of Revenue at the time fixed by ORS 314.385 for filing the return without regard to extensions. When the time for filing a return of income is extended at the request of the taxpayer, interest at the rate established under ORS 305.220, from the time the return was originally required to be filed to the time of payment…
314.397 Manner of payment
The tax may be paid with uncertified check under any rules as the Department of Revenue shall adopt, but if a check so received is not paid by the financial institution on which it is drawn, the taxpayer by whom the check is tendered remains liable for the payment of the tax and for all legal penalties the same as if the check had not been tendered.
314.400 Penalty for failure to file report or return or to pay tax when due; interest; limitation on penalty
If a taxpayer fails to file a report or return or fails to pay a tax by the date on which the filing or payment is due, the Department of Revenue shall add to the amount required to be shown as tax on the report or return a delinquency penalty of five percent of the amount of the unpaid tax. In the case of a report or return that is required to be filed ann…
314.401 De minimis tax payment not required
Notwithstanding ORS 314.395 and 314.400, if the balance of tax due as shown on the report or return filed by the taxpayer for the tax year is less than $1, payment of the amount shown shall not be required.
314.402 Understatement of net tax; penalty; cost-of-living adjustment; waiver of penalty
If the Department of Revenue determines that there is a substantial understatement of net tax for any tax year under any law imposing a tax on or measured by net income, there shall be added to the amount of tax required to be shown on the return a penalty equal to 20 percent of the amount of any underpayment of tax attributable to the understatement. A sub…
314.403 Listed transaction understatement; penalty
If a taxpayer has a listed transaction understatement for a tax year, there shall be added to the tax liability of the taxpayer for the tax year a penalty equal to 60 percent of the amount of the understatement. The penalty imposed under this section applies to listed transaction understatements discovered or reported on or after January 1, 2008, and is in …
314.404 Penalty for failure to report reportable transaction
If a taxpayer fails to report to the Department of Revenue a reportable transaction as required by ORS 314.308, there shall be added to the tax liability of the taxpayer for the tax year a penalty as follows: Individual taxpayers, $3,300. Corporation taxpayers, $16,700. If the reportable transaction is a listed transaction, in lieu of the penalty provided…
314.405 [1957 c.632 §13 (enacted in lieu of 316.605 and 317.405); 1959 c.212 §1; subsection (8) derived from 1959 c.212 §3; 1961 c.504 §1; 1965 c.554 §1; 1969 c.166 §3; 1969 c.493 §87; 1971 c.333 §1; 1971 c.354 §4; 1973 c.402 §29; 1975 c.593 §15; repealed by 1977 c.870 §22 (314.466 enacted in lieu of 314.405)]repealed
No operative statutory text appears at this designation in the selected edition.
314.406 Penalty for promotion of abusive tax shelter
A penalty shall be imposed on a person who promotes a tax shelter if: The person is or would be subject to a penalty for promoting an abusive tax shelter under section 6700 of the Internal Revenue Code; and The tax shelter satisfies any of the following conditions: The tax shelter is organized in this state. The tax shelter is doing business in this stat…
314.407 Assessment of taxes owing but not submitted with return; time of assessment; recording of warrant
For the purposes of this section and ORS 314.417 to 314.423: In the case of a return submitted to the Department of Revenue with payment of less than the amount of tax computed to be due, the difference between the tax computed to be owing by the taxpayer and the tax submitted with the return is considered as assessed on the due date of the original return …
314.410 Time limit for notice of deficiency; circumstances when claim for refund may be reduced after time limit; time limit for refund or notice of deficiency for pass-through entity items
At any time within three years after the return was filed, the Department of Revenue may give notice of deficiency as prescribed in ORS 305.265. If the department finds that gross income equal to 25 percent or more of the gross income reported has been omitted from the taxpayer’s return, notice of the deficiency may be given at any time within five years af…
314.412 Issuing of notice of deficiency attributable to involuntary conversion; time limit
Notwithstanding ORS 314.410, the period for issuing any notice of deficiency attributable to any part of the gain realized upon an involuntary conversion as provided in the federal Internal Revenue Code which applies to the Personal Income Tax Act of 1969 or as provided in the corporate excise tax or corporate income tax laws, shall not expire prior to the e…
314.415 Refunds; interest; credits
If the Department of Revenue determines pursuant to ORS 305.270 that the amount of the tax due is less than the amount theretofore paid, the excess shall be refunded by the department with interest at the rate established under ORS 305.220 for a period beginning 45 days after the due date of the return or the date the tax was paid, or, in the case of a retur…
314.417 Unpaid tax or withholding lien at time of assessment
If any person neglects or refuses to pay an income tax at the time of assessment, or fails to pay to the Department of Revenue any amount required to be withheld under ORS 316.167 and 316.172, the amount of the unpaid tax including interest and penalty thereon shall be a lien in favor of the State of Oregon upon all property and rights to property, whether r…
314.419 Foreclosure of lien
In addition to any other remedy provided by law the lien created by ORS 314.417 may be foreclosed in the following manner: The Director of the Department of Revenue shall issue an order directed to the sheriff of the county in which the property or interest in property subject to the lien is located, describing the property subject to the lien, and commandi…
314.420 [1957 c.632 §16 (enacted in lieu of 316.620, 317.370 and 317.420); 1969 c.166 §5; repealed by 1971 c.354 §7]repealed
No operative statutory text appears at this designation in the selected edition.
314.421 When lien valid
The lien imposed by ORS 314.417 shall not be valid as against any purchaser, holder of a security interest, mechanic’s lienor or judgment creditor until a warrant is issued and recorded under ORS 314.430.
314.423 Status of lien
After a warrant has been recorded under ORS 314.430, the lien imposed by ORS 314.417 shall be subordinate to: Any interest in real property to the same extent that a judgment recorded in the County Clerk Lien Record under ORS 18.152 at the same time the warrant was recorded would be subordinate to the interest; and Any interest in personal property to the …
314.425 Examining books, records or persons
The Department of Revenue, for the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxable income of any taxpayer, may examine or cause to be examined by an agent or representative designated by it for the purpose, any books, papers, records or memoranda bearing upon the matter required to be included in …
314.430 Warrant for collection of taxes
If any tax imposed under ORS chapter 118, 316, 317 or 318 or any portion of the tax is not paid within 30 days after the date that the written notice and demand for payment required under ORS 305.895 is mailed (or within five days after the tax becomes due, in the case of the termination of the tax year by the Department of Revenue under the provisions of OR…
314.432 [1989 c.1036 §2; 1995 c.53 §2; renumbered 305.182 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
314.434 [1989 c.1036 §3; 1995 c.53 §3; renumbered 305.184 in 1995]renumbered
No operative statutory text appears at this designation in the selected edition.
314.435 [1957 c.632 §19 (enacted in lieu of 316.635 and 317.435); 1959 c.147 §1; repealed by 1961 c.573 §2 (305.140 enacted in lieu of 314.435, 315.635 and 321.085)]repealed
No operative statutory text appears at this designation in the selected edition.
314.440 Tax as debt; termination of taxable period and immediate assessment of tax
Every tax imposed by any law imposing a tax upon or measured by net income, and all increases, interest and penalties thereon shall become, from the time such liability is incurred, a personal debt, due the State of Oregon, from the person or persons liable therefor. If the Department of Revenue finds that a taxpayer designs quickly to depart from the state…
314.445 [1957 c.632 §21 (enacted in lieu of 316.650 and 317.455); 1959 c.234 §2; repealed by 1973 c.402 §30]repealed
No operative statutory text appears at this designation in the selected edition.
314.450 [Subsections (1) and (2) enacted as 1957 c.632 §22 (enacted in lieu of 316.655 and 317.460); subsection (3) enacted as 1957 c.545 §2; 1959 c.650 §1; 1969 c.520 §40; 1971 c.418 §11; repealed by 1973 c.402 §30]repealed
No operative statutory text appears at this designation in the selected edition.
314.455 [1957 c.632 §23 (enacted in lieu of 316.660 and 317.465); 1971 c.507 §3; repealed by 1977 c.870 §22 (314.466 enacted in lieu of 314.455)]repealed
No operative statutory text appears at this designation in the selected edition.
314.460 [1957 c.632 §24 (enacted in lieu of 316.665 and 317.470); 1961 c.533 §52; 1967 c.78 §2; 1975 c.381 §4; repealed by 1977 c.870 §22 (314.466 enacted in lieu of 314.460)]repealed
No operative statutory text appears at this designation in the selected edition.
314.465 [1957 c.632 §25 (enacted in lieu of 316.670 and 317.475); 1961 c.533 §53; repealed by 1977 c.870 §22 (314.466 enacted in lieu of 314.465)]repealed
No operative statutory text appears at this designation in the selected edition.
314.466 Audits, deficiencies, assessments, refunds and appeals governed by ORS chapter 305
The provisions of ORS chapter 305 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refund, conferences and appeals to the Oregon Tax Court, and the procedures relating thereto, shall apply to the determination of taxes, penalties and interest imposed under this chapter and ORS chapters 315, 316, 3…
314.469 Treatment of moneys collected under ORS 314.406
Moneys collected under ORS 314.406 shall be considered net revenue from the tax imposed under ORS chapter 316 for purposes of ORS 316.502.
314.470 [1957 c.632 §26 (enacted in lieu of 316.675 and 317.480); repealed by 1961 c.20 §1]repealed
No operative statutory text appears at this designation in the selected edition.
314.505 Estimate of tax liability by corporations; rules
Every corporation expecting to have a tax liability under either ORS chapter 317 or 318 of $500 or more shall make an estimate of tax liability for the corporation’s tax year and pay the amount of tax determined as provided in ORS 314.515. The Department of Revenue shall by rule provide for the payment of estimated tax liability by a group of affiliated cor…
314.515 Installment schedule for payment of estimated tax
A corporation required under ORS 314.505 to make payments of estimated tax shall make the payments to the Department of Revenue in installments as follows: One-quarter or more of the estimated tax shall be paid on or before the 15th day of the fourth month of the taxable year. One-quarter or more of the estimated tax shall be paid on or before the 15th day…
314.518 Estimated tax payments by electronic funds transfer; phase-in; rules
A corporation required to make a payment of estimated tax under ORS 314.505 to 314.525 shall make the payment by means of electronic funds transfer if: For payment periods beginning on or after July 1, 2001, and before January 1, 2002, the corporation’s annual total amount of estimated tax liability exceeds $50,000. For payment periods beginning on or afte…
314.520 State agency authority over certain electronic funds transfer payments
ORS 314.505, 314.518 and 316.198 do not alter the authority under ORS 293.525 of a state agency to require by rule that certain payments to the agency be made by electronic funds transfer. Note: 314.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 314 or any series therein by legislative action. See Pre…
314.525 Underpayment of estimated tax; interest; nonapplicability of penalties
An underpayment of estimated tax under ORS 314.505 to 314.525 will be considered to have occurred if the estimated tax is not paid as required. Notwithstanding subsection (1) of this section, there shall be no underpayment of estimated tax if the estimated tax paid equals or exceeds the amount described in any one of the following paragraphs: The amount wh…
314.605 Short title; construction
ORS 314.605 to 314.675 may be cited as the Uniform Division of Income for Tax Purposes Act. ORS 314.610 to 314.667 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
314.606 Status of ORS 314.605 to 314.675 when in conflict with Multistate Tax Compact
In any case in which the provisions of ORS 314.605 to 314.675 are inconsistent with the provisions of ORS 305.653, the provisions of ORS 314.605 to 314.675 shall control.
314.610 Definitions for ORS 314.605 to 314.675
As used in ORS 314.605 to 314.675, unless the context otherwise requires: “Apportionable income” means: Income arising from transactions and activity in the regular course of the taxpayer’s trade or business; Income arising from the acquisition, management, employment, development or disposition of tangible and intangible property if the acquisition, mana…
314.615 When allocation and apportionment of net income from business activity required
Any taxpayer having income from business activity which is taxable both within and without this state, other than activity as a financial institution or public utility or the rendering of purely personal services by an individual, shall allocate and apportion the net income of the taxpayer as provided in ORS 314.605 to 314.675. Taxpayers engaged in activitie…
314.620 When taxpayer is considered taxable in another state
For purposes of allocation and apportionment of income under ORS 314.280 and 314.605 to 314.675, a taxpayer is taxable in another state if: In that state the taxpayer is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or That state has jurisdiction to subjec…
314.625 Certain nonapportionable income to be allocated
Rents and royalties from real or tangible personal property, capital gains, interest, dividends, patent or copyright royalties, or prizes awarded by the Oregon State Lottery, to the extent that they constitute nonapportionable income, shall be allocated as provided in ORS 314.625 to 314.645.
314.630 Allocation to this state of net rents and royalties
Net rents and royalties from real property located in this state are allocable to this state. Net rents and royalties from tangible personal property are allocable to this state (a) if and to the extent that the property is utilized in this state, or (b) in their entirety if the taxpayer’s commercial domicile is in this state and the taxpayer is not organiz…
314.635 Allocation to this state of capital gains and losses
Capital gains and losses from sales of real property located in this state are allocable to this state. Capital gains and losses from sales of tangible personal property are allocable to this state if (a) the property had a situs in this state at the time of the sale, or (b) the taxpayer’s commercial domicile is in this state and the taxpayer is not taxable…
314.640 Allocation to this state of interest and dividends
Interest and dividends are allocable to this state if the taxpayer’s commercial domicile is in this state.
314.642 Allocation to this state of lottery prizes
Prizes awarded by the Oregon State Lottery are allocable to this state. A prize awarded by a multistate lottery association of which the Oregon State Lottery is a member is allocable to this state if the ticket upon which the prize is awarded was sold in this state.
314.645 Allocation to this state of patent and copyright royalties
Patent and copyright royalties are allocable to this state (a) if and to the extent that the patent or copyright is utilized by the payer in this state, or (b) if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer’s commercial domicile is in this state. A patent is utilize…
314.647 Policy
The Legislative Assembly finds and declares it to be the policy of this state to carry out a comprehensive review of income apportionment whenever federal legislation changes the nexus standard for state imposition of taxes based on business activity within state borders. Note: 314.647 was enacted into law by the Legislative Assembly but was not added to or…
314.650 Apportionment of income
All apportionable income shall be apportioned to this state by multiplying the income by the sales factor.
314.655 Determination of property factor
For purposes of ORS 317.391, the property factor is a fraction, the numerator of which is the average value of the taxpayer’s real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer’s real and tangible personal property owned or rented and used duri…
314.660 Determination of payroll factor
For purposes of ORS 317.391, the payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the tax period. Compensation is paid in this state if: The individual’s service is performed entire…
314.665 Determination of sales factor; use of market sourcing; inclusions and exclusions; definitions
As used in ORS 314.650, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period. Sales of tangible personal property are in this state if: The property is delivered or shipped to a purchaser…
314.666 Market for sales in this state
A taxpayer’s market for sales is in this state: In the case of the sale, rental, lease or license of real property, if and to the extent the property is located in this state. In the case of the rental, lease or license of tangible personal property, if and to the extent the property is located in this state. In the case of the sale of a service, if and t…
314.667 Additional methods to determine extent of business activity in this state; rules
If the application of the allocation and apportionment provisions of ORS 314.605 to 314.675 do not fairly represent the extent of the taxpayer’s business activity in this state, the taxpayer may petition for and the Department of Revenue may permit, or the department may require, in respect to all or any part of the taxpayer’s business activity: Separate ac…
314.668 Definitions
As used in ORS 314.668 to 314.673: “Actual cost” means the costs of labor, materials, supplies, equipment rental, real or personal property acquisition, permits, engineering, financing, required fees, insurance, administration, accounting, maintenance, repair or replacement and debt service, and all other direct or indirect costs incurred by a person in ord…
314.669 Legislative findings; purposes
The Legislative Assembly finds that: The State of Oregon has a compelling interest in promoting and stimulating economic development within this state to better provide for the welfare of its residents, in encouraging businesses to make significant capital investments within this state and in creating certainty in the apportionment of income for purposes of…
314.670 [1965 c.152 §19; 1984 c.1 §17; 1995 c.79 §157; 1999 c.143 §9; renumbered 314.667 in 2013]renumbered
No operative statutory text appears at this designation in the selected edition.
314.671 Qualifying investment contract; duration; remedies
The Governor, in consultation with the Director of the Oregon Business Development Department and the Director of the Department of Revenue, may enter into, on behalf of the State of Oregon, a qualifying investment contract with any taxpayer according to the provisions of ORS 314.668 to 314.673. Any contract executed pursuant to subsection (1) of this secti…
314.673 Rules; report to Legislative Assembly
The Oregon Business Development Department may, after consultation with the Department of Revenue, adopt rules to implement ORS 314.668 to 314.673, including rules that define terms consistently with ORS 314.668 to 314.673. Rules adopted under this section apply only to qualifying investment contracts executed on or after the date the rule is adopted. On or…
314.674 Apportionment of broadcasting sales
As used in this section: “Broadcasting” means the activity of transmitting programming through any one-way electronic signal by radio waves, microwaves, wires, coaxial cables, wave guides or other conduits of communications. “Total gross receipts” means all gross receipts of a person engaged in broadcasting from transactions and activities in the regular c…
314.675 Apportionment of net loss; net loss deduction; limitations
If the operations of a taxpayer subject to ORS 314.280 or 314.615 result in a net loss, that net loss shall be apportioned in the same manner as the net income so as fairly and accurately to reflect the net loss of the business done within this state. The net loss applicable to Oregon income pursuant to this section shall then become the net loss deduction f…
314.680 [1989 c.792 §3; 1995 c.79 §159; 2014 c.103 §§1,3; repealed by 2021 c.74 §4]repealed
No operative statutory text appears at this designation in the selected edition.
314.682 [1989 c.792 §2; 1995 c.79 §160; repealed by 2021 c.74 §4]repealed
No operative statutory text appears at this designation in the selected edition.
314.684 [1989 c.792 §4; 2014 c.103 §§2,4; repealed by 2021 c.74 §4]repealed
No operative statutory text appears at this designation in the selected edition.
314.686 [1989 c.792 §5; 1995 c.79 §161; repealed by 2021 c.74 §4]repealed
No operative statutory text appears at this designation in the selected edition.
314.688 [1989 c.792 §6; 1995 c.79 §162; repealed by 2021 c.74 §4]repealed
No operative statutory text appears at this designation in the selected edition.
314.690 [1989 c.792 §7; repealed by 2021 c.74 §4]repealed
No operative statutory text appears at this designation in the selected edition.
314.695 Application of ORS 314.280 and 314.605 to 314.675
The provisions of ORS 314.280 and 314.605 to 314.675 apply to the allocation and apportionment of the income of corporations and nonresident individuals, and do not apply to the income of resident individuals, resident estates, and resident trusts taxable as provided in the Personal Income Tax Act of 1969. (Controlled Foreign Corporations)
314.698 Treatment of global intangible low-taxed income
For purposes of ORS 317.267, amounts of global intangible low-taxed income described in section 951A of the Internal Revenue Code and included in gross income shall be treated in the same manner as a dividend.
314.705 [1967 c.242 §2; repealed by 2015 c.480 §6]repealed
No operative statutory text appears at this designation in the selected edition.
314.710 [1967 c.242 §7; 1969 c.493 §91; repealed by 2015 c.480 §6]repealed
No operative statutory text appears at this designation in the selected edition.
314.712 Partnerships not subject to income tax; exceptions
Except as provided in ORS 314.722 or 314.731 to 314.737, a partnership as such is not subject to the tax imposed by ORS chapter 316, 317 or 318. Partnership income shall be computed pursuant to section 703 of the Internal Revenue Code, with the modifications, additions and subtractions provided in this chapter and ORS chapter 316. Persons carrying on busines…
314.714 Character of partnership income; procedure if partner’s treatment of item inconsistent with partnership treatment; rules
Each item of partnership income, gain, loss or deduction has the same character for a partner as it has for federal income tax purposes. If an item is not characterized for federal income tax purposes, it has the same character for a partner as if realized directly from the source from which realized by the partnership or incurred in the same manner as incur…
314.716 Basis of partner’s interest; gain or loss on sale; election to adjust basis
The adjusted basis of a partner’s interest in a partnership shall be determined pursuant to the method described in sections 704(c)(1)(B)(iii), 705 and 733 of the Internal Revenue Code, and shall be increased or decreased as provided in this chapter and ORS chapter 316, 317 or 318, whichever is applicable. Upon the sale or exchange of an interest in a partn…
314.718 Treatment of contributions to partnership
Amounts paid or incurred to organize a partnership may be deducted in the manner provided in section 709(b) of the Internal Revenue Code. No gain or loss shall be recognized upon a contribution of property to a partnership in exchange for an interest in a partnership, unless allowed pursuant to section 721(b) of the Internal Revenue Code. The partnership’s…
314.720 Treatment of distributions from partnership
Gain or loss shall not be recognized by a partner upon a distribution by a partnership to that partner, except to the extent provided in section 731 of the Internal Revenue Code. The character of gain or loss on the disposition by a distributee partner of unrealized receivables or inventory items shall be determined pursuant to section 735 of the Internal R…
314.722 Publicly traded partnerships taxed as corporations
As used in this section, “publicly traded partnership” means a partnership treated as a corporation for federal income tax purposes under section 7704 of the Internal Revenue Code for the tax year. Persons carrying on business as partners in a publicly traded partnership are not subject to tax under ORS chapter 316, 317 or 318 on their distributive shares o…
314.723 [1999 c.90 §3; repealed by 2019 c.132 §11]repealed
No operative statutory text appears at this designation in the selected edition.
314.724 Information return; penalty; rules
Every partnership having a resident partner or having any income derived from sources in this state, determined in accordance with the applicable rules as in the case of a nonresident individual, shall make a return for the taxable year setting forth all items of income, gain, loss and deduction, and the names and addresses of the individuals (whether reside…
314.725 Privilege tax applicable to partnerships
Each partnership transacting business in this state shall, for the privilege of carrying on or doing business by it within this state, include with the filing of the return required under ORS 314.724 payment of a minimum tax of $150.
314.726 Application of ORS 314.724
ORS 314.724 shall apply to both corporate and noncorporate partners.
314.727 Disclosure of partnership items to partner
The Department of Revenue may disclose to a partner of a partnership those items of partnership gain, loss or other particulars relating to the partnership that are necessary to determine or administer the tax imposed by ORS chapter 316, 317 or 318 if the department considers the disclosure necessary to facilitate the audit of the partner’s income or excise …
314.730 [1989 c.625 §41; renumbered 314.761 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.731 Definitions
As used in ORS 314.731 to 314.737: “Adjustment” means a partnership adjustment, as defined in section 6241 of the Internal Revenue Code, whether that adjustment arises from action by the Internal Revenue Service or from the taxpayer’s filing of an amended federal return, a federal refund claim or similar report, including any report made under section 6225(…
314.732 [1989 c.625 §42; 1991 c.457 §21; renumbered 314.762 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.733 Requirement to report adjustments from partnership-level audit or administrative adjustment request
Notwithstanding ORS 314.380, and except for adjustments required to be reported for federal purposes pursuant to section 6225(a)(2) of the Internal Revenue Code, partnerships and partners shall report the adjustments arising from a partnership-level audit or an administrative adjustment request and make payments as required under this section. A partnership…
314.734 [1989 c.625 §43; 1991 c.457 §22; 1997 c.839 §60; renumbered 314.763 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.735 Time limit for notice of deficiency
The Department of Revenue shall assess additional tax, interest and penalties for adjustments arising from an audit by the Internal Revenue Service, including a partnership-level audit, or reported by the taxpayer on an amended federal return, federal refund claim or other similar report, including a report required under section 6225(c) of the Internal Reve…
314.736 [1989 c.625 §44; renumbered 314.764 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.737 Time limit for claim for refund or credit
Except for adjustments required to be reported for federal purposes under section 6225(a)(2) of the Internal Revenue Code, a taxpayer shall file a claim for refund or credit of tax arising from adjustments made by the Internal Revenue Service on or before the later of: The expiration of the last date for filing a claim for refund pursuant to ORS 314.415; or…
314.738 [1989 c.625 §45; renumbered 314.765 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.739 Obligation or right of partner to report changes in taxable income or tax liability
Nothing in ORS 314.731 to 314.737 or the amendments to ORS 305.242, 314.712, 314.714 or 314.778 by sections 6 to 9, chapter 132, Oregon Laws 2019, is intended to affect the obligation or right of a partner subject to the tax imposed under ORS chapter 316, 317 or 318 to report changes in the partner’s taxable income subject to taxation by this state or change…
314.740 [1989 c.625 §46; 1997 c.839 §61; renumbered 314.766 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.742 [1989 c.625 §47; 1997 c.839 §62; renumbered 314.767 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.744 [1989 c.625 §48; renumbered 314.768 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.746 [1989 c.625 §49; renumbered 314.769 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.748 [1989 c.625 §50; repealed by 1997 c.839 §69]repealed
No operative statutory text appears at this designation in the selected edition.
314.749 [1997 c.100 §6; renumbered 314.770 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.750 [1989 c.625 §58; 2007 c.322 §2; renumbered 314.771 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.752 [1991 c.877 §36; 1993 c.730 §5; 1997 c.170 §34; 1997 c.534 §2; 1999 c.21 §36; 2001 c.674 §11; 2001 c.868 §9; 2001 c.932 §10; 2001 c.957 §18; 2005 c.80 §1; 2005 c.94 §80; 2007 c.625 §13; 2007 c.739 §7; 2007 c.883 §3; 2009 c.33 §§14,15,16; 2010 c.76 §26; 2011 c.83 §11; 2011 c.474 §32; 2011 c.730 §19; 2011 c.732 §9; 2013 c.750 §25; 2015 c.701 §35; 2017 c.610 §21; 2017 c.638 §1; 2018 c.108 §7; 2019 c.579 §15; renumbered 314.772 in 2019]renumbered
No operative statutory text appears at this designation in the selected edition.
314.760 [1989 c.625 §54; repealed by 2005 c.387 §8]repealed
No operative statutory text appears at this designation in the selected edition.
314.761 “C corporation” and “S corporation” defined for this chapter and ORS chapters 316, 317 and 318
For purposes of this chapter and ORS chapters 316, 317 and 318: “C corporation” means, with respect to any taxable year, a corporation which is not an S corporation for such year. “S corporation” means, with respect to any taxable year, a corporation for which an election under section 1362(a) of the Internal Revenue Code is in effect for such year.
314.762 Taxation of S corporation; application of Internal Revenue Code; carryforward and carryback
Except as otherwise provided in ORS 314.766, 314.767 and 317.090, an S corporation shall not be subject to the taxes imposed by ORS chapter 316, 317 or 318. Subject to paragraphs (b) to (d) of this subsection, the taxable income of an S corporation shall be computed pursuant to section 1363(b) of the Internal Revenue Code, with the modifications, additions …
314.763 Taxation of shareholder’s income; computation; character of income, gain, loss or deduction
The shareholder’s pro rata share of the income of an S corporation is subject to tax under ORS chapter 316. In determining the tax imposed under ORS chapter 316 of a shareholder for the shareholder’s taxable year in which the taxable year of the S corporation ends (or for the final taxable year of a shareholder who dies, or of a trust or estate that terminat…
314.764 Treatment of distributions by S corporation
A distribution of property made by an S corporation with respect to its stock shall be treated in the manner provided under section 1368 of the Internal Revenue Code, subject to modifications, additions and subtractions under ORS chapter 316, 317 or 318.
314.765 Employee fringe benefits; foreign income
For purposes of employee fringe benefits, and subject to this chapter and ORS chapters 305, 316, 317 and 318 and ORS 314.712 to 314.722, 314.726 and 316.124, section 1372 of the Internal Revenue Code shall apply to an S corporation and its shareholders. For purposes of foreign income, and subject to this chapter and ORS chapters 305, 316, 317 and 318 and OR…
314.766 Tax on built-in gain
If, for any taxable year beginning in the recognition period, an S corporation has a net recognized built-in gain, there is hereby imposed a tax on the income of such corporation for such taxable year. The amount of the tax imposed under subsection (1) of this section shall be computed by applying the rate of tax specified in ORS 317.061 to the net recogniz…
314.767 Tax on excess net passive income
If for the taxable year an S corporation has the following, then there is hereby imposed a tax on the income of such corporation for the taxable year: Accumulated earnings and profits at the close of the taxable year; and Gross receipts more than 25 percent of which are passive investment income. The tax imposed under subsection (1) of this section shall …
314.768 S corporation or shareholder elections; rules
Subject to subsection (2) of this section, if the Internal Revenue Code requires or permits an election or revocation to be made by an S corporation, then that election or revocation shall apply for Oregon tax purposes. If the Internal Revenue Code requires or permits an election or revocation to be made by a shareholder or shareholders of an S corporation, …
314.769 Application of sections 1377 and 1379 of Internal Revenue Code
The definitions and special and transitional rules of sections 1377 and 1379 of the Internal Revenue Code apply for Oregon tax purposes.
314.770 Disclosure of S corporation items to shareholder
The Department of Revenue may disclose to the shareholder of an S corporation those items of S corporation gain, loss or other particulars relating to the S corporation that are necessary to administer the tax imposed by ORS chapter 316, 317 or 318 if the department considers the disclosure necessary to facilitate the audit of the shareholder’s income tax re…
314.771 Recapture of LIFO benefits
Any increase in tax by reason of a recapture of LIFO benefits under section 1363(d) of the Internal Revenue Code shall be payable in four equal installments. The first installment shall be paid on or before the due date for the return of the tax for the last taxable year for which the corporation was a C corporation and the three succeeding installments sha…
314.772 Business tax credits; allowance to shareholders
Except as provided in ORS 314.766 (5)(b), the tax credits allowed or allowable to a C corporation for purposes of ORS chapter 317 or 318 shall not be allowed to an S corporation. The business tax credits allowed or allowable for purposes of ORS chapter 316 shall be allowed or are allowable to the shareholders of the S corporation. In determining the tax imp…
314.775 Definitions for ORS 314.775 to 314.784
As used in ORS 314.775 to 314.784: “Distributive income” means the net amount of income, gain, deduction or loss of a pass-through entity for the tax year of the entity. “Lower-tier pass-through entity” means a pass-through entity, an ownership interest of which is held by another pass-through entity. “Nonresident” means: An individual who is not a resid…
314.778 Composite returns of pass-through entities; election; effect of election on nonresident owners
A pass-through entity having distributive income attributable to Oregon sources shall file a composite return of personal income and corporate income and excise tax on behalf of owners that elect to be included in the composite return filed by the entity. Distributive income subject to this election does not include the distributive share that under this cha…
314.781 Withholding; required returns and statements; pass-through entity liability
A pass-through entity shall withhold tax as prescribed in this section if: The pass-through entity has distributive income from Oregon sources; and One or more owners of the entity are nonresidents and do not have other Oregon source income. For each taxpayer described in subsection (1)(b) of this section who is subject to tax under ORS chapter 316, the e…
314.784 Circumstances when pass-through entity withholding is not required; rules
A pass-through entity is not required to withhold taxes under ORS 314.781 on behalf of a nonresident owner if: The nonresident owner has a share of distributive income that is less than $1,000 for the tax year of the pass-through entity; Withholding is not required pursuant to a rule adopted under this section; The owner makes a timely election under ORS …
314.805 Department to administer and enforce laws; enforcement districts; branch offices
The Department of Revenue shall administer and enforce the tax imposed by any law imposing tax upon or measured by net income. For this purpose the department may divide the state into districts. In each district a branch office may be established. The department may, from time to time, change the limits of such districts.
314.810 Administering oaths and taking acknowledgments
All officers empowered by law to administer oaths, the Director of the Department of Revenue and any agents, auditors and other employees as the director may designate, shall have the power to administer an oath to or take the acknowledgment of any person in respect of any return or report required by statute or the rules and regulations of the department.
314.815 Rules and regulations
The Department of Revenue may, from time to time, make such rules and regulations, not inconsistent with legislative enactments, that it considers necessary to enforce income tax laws.
314.820 [1957 c.632 §31 (enacted in lieu of 316.725 and 317.520); 1969 c.97 §2; repealed by 1973 c.402 §30]repealed
No operative statutory text appears at this designation in the selected edition.
314.825 [1957 c.632 §32 (enacted in lieu of 316.730 and 317.525); repealed by 1973 c.402 §30]repealed
No operative statutory text appears at this designation in the selected edition.
314.830 [1957 c.632 §33 (enacted in lieu of 316.735 and 317.530); repealed by 1965 c.44 §1]repealed
No operative statutory text appears at this designation in the selected edition.
314.835 Divulging particulars of returns and reports prohibited
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 req…
314.840 Disclosure of information; persons to whom information may be furnished
The Department of Revenue may: Furnish any taxpayer, representative authorized to represent the taxpayer under ORS 305.239 or person designated by the taxpayer under ORS 305.193, upon request of the taxpayer, representative or designee, with a copy of the taxpayer’s income tax return filed with the department for any year, or with a copy of any report filed…
314.843 Reporting of information to consumer reporting agency; rules
As used in this section, “consumer reporting agency” means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and that use…
314.845 Certificate of department as evidence
The certificate of the Department of Revenue to the effect that a tax has not been paid, that a return has not been filed or that information has not been supplied, as required by or under any law imposing a tax upon or measured by net income, shall be prima facie evidence that the tax has not been paid, that the return has not been filed or that the informa…
314.850 Statistics
The Department of Revenue shall prepare and publish annually statistics, reasonably available, with respect to the operation of income tax laws, including amounts collected, classification of taxpayers and other facts considered pertinent and valuable.
314.855 Rewards for information
The Department of Revenue may pay rewards to persons, other than officers or employees of the department, furnishing information that leads to the recovery of tax from other persons guilty of violating the provisions of income tax laws. Such rewards shall not exceed 10 percent of the net amount of tax, penalty and interest recovered by suit or otherwise and …
314.860 [1979 c.690 §18; 1997 c.170 §27; 2013 c.688 §28; repealed by 2015 c.348 §1]repealed
No operative statutory text appears at this designation in the selected edition.
314.865 Use of certain information for private benefit prohibited
A person granted access to information described in ORS 314.835 under ORS 314.840 (2)(b) for the purpose of preparing revenue estimates shall not knowingly or intentionally use the information disclosed or the information to which access is given for any purpose if the effect of the use is private pecuniary benefit for the person or for a member of the perso…
314.870 Time for performing certain acts postponed by reason of service in a combat zone
Section 7508 of the Internal Revenue Code, insofar as it describes periods of time to be disregarded with respect to the performance of acts relative to federal income tax liability of an individual (or individual and spouse) who performs service in an area designated as a combat zone, or is hospitalized as a result of injury received while serving in such a…
314.875 [1995 c.780 §2; repealed by 1999 c.532 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.990 [Repealed by 1953 c.310 §3]repealed
No operative statutory text appears at this designation in the selected edition.
314.991 Penalties
A person or an officer or employee of a corporation or a member or employee of a partnership who violates ORS 314.075 is liable to a penalty of not more than $1,000, to be recovered by the Attorney General, in the name of the state, by action in any court of competent jurisdiction, and is also guilty of a Class C felony. The penalties provided in this subsec…