Oregon Revised Statutes
Chapter 315 — Personal and Corporate Income or Excise Tax Credits
204 sections315.002 [Enacted as 1953 c.308 §2; repealed by 1965 c.26 §6]
315.003 [Enacted as 1953 c.308 §3; repealed by 1965 c.26 §6]
GENERAL PROVISIONS
315.004 Definitions; adoption of parts of Internal Revenue Code and application of federal laws and regulations; technical corrections
Except when the context requires otherwise, the definitions contained in ORS chapters 314, 316, 317 and 318 are applicable in the construction, interpretation and application of the personal and corporate income and excise tax credits contained in this chapter. For purposes of the tax credits contained in this chapter, any term has the same meaning as when …
315.005 [Repealed by 1965 c.26 §6]
315.010 [Amended by 1953 c.325 §3; repealed by 1965 c.26 §6]
315.015 [Repealed by 1965 c.26 §6]
315.020 [Repealed by 1965 c.26 §6]
315.025 [Repealed by 1965 c.26 §6]
315.030 [Repealed by 1965 c.26 §6]
315.035 [Repealed by 1965 c.26 §6]
315.037 Tax expenditures applicable for limited time
As used in this section, “tax expenditure” has the meaning given that term in ORS 291.201. Any tax credit enacted by the Legislative Assembly on or after January 1, 2010, shall apply for a maximum of six tax years beginning with the initial tax year for which the credit is applicable, unless the Legislative Assembly expressly provides for another period of …
315.040 [Repealed by 1965 c.26 §6]
315.044 Statement of purpose
For each proposed legislative measure that is submitted for filing and that creates a tax credit or provides for expanded allowance, in amount or duration, of tax credit, the chief sponsor or a proponent of the measure shall submit to a legislative committee related to revenue a statement of purpose. In the statement of purpose, the chief sponsor or proponen…
315.045 [Repealed by 1965 c.26 §6]
315.047 List of tax credits with revenue impact in excess of projection
Prior to the beginning of each odd-numbered year regular session, the Legislative Revenue Officer shall prepare a list of all tax credits that have revenue impact, for the most recent tax year for which sufficient information exists to make a determination, that exceeds the revenue impact projected in the most recent revenue impact statement prepared under O…
315.050 [2009 c.913 §53; 2013 c.750 §45; renumbered 315.037 in 2015]
315.051 Report by Legislative Revenue Officer
Prior to the beginning of each odd-numbered year regular session, the Legislative Revenue Officer shall submit a report addressing each income or excise tax credit that is scheduled to expire during the next even-numbered year. The Legislative Revenue Officer shall submit the report to a committee of the Legislative Assembly related to revenue, and may inclu…
315.052 Limitation on transfer or sale of credit
An income tax credit that is allowed under this chapter or ORS chapter 316, 317 or 318 and that is transferable may be transferred or sold only once, unless expressly provided otherwise by statute.
315.053 Restriction on types of transferees
An income tax credit allowed under this chapter or ORS chapter 316 or 317 that is transferable may be transferred or sold only to one or more of the following: A C corporation. An S corporation. A personal income taxpayer.
315.054 Federal tax credits allowable only as specified
No credits applied directly to the income tax calculated for federal purposes pursuant to the Internal Revenue Code shall be applied in calculating the tax due under ORS chapter 314, 316, 317 or 318 except those prescribed in this chapter or ORS chapter 314, 316, 317 or 318.
315.055 [Repealed by 1965 c.26 §6]
315.056 Conditions for transfer of tax credit
Transfer of any transferable tax credit that is allowed under this chapter or ORS chapter 316 or 317 and that is transferred on or after January 1, 2020, is conditioned upon compliance with this section and ORS 315.052 and 315.053. The Department of Revenue may require that the person that has earned the credit and the taxpayer that intends to claim the cre…
315.058 Agency to provide tax credit approval information to Department of Revenue
For any tax credit that is allowed under this chapter or ORS chapter 316 or 317 and for which certification, determination of eligibility or other approval from an agency other than the Department of Revenue is required and was issued on or after January 1, 2019, the department may require that the other agency provide information about the certification, de…
315.060 [Repealed by 1965 c.26 §6]
315.061 Suspension, revocation or forfeiture
Under the procedures for a contested case under ORS chapter 183, the director of the agency responsible for certifying or otherwise determining eligibility or granting approval for a tax credit allowed under this chapter or ORS chapter 316 or 317 may order the suspension, revocation or forfeiture of the tax credit approval or of a portion thereof if the dire…
315.063 Waiver of substantiation by Department of Revenue; rules
The Department of Revenue, by rule, may waive partially, conditionally or absolutely requirements for proof or substantiation of claims for subtractions, exclusions, exemptions or credits allowable for purposes of taxes imposed upon or measured by net income.
315.065 [Repealed by 1965 c.26 §6]
315.068 Claim of right income repayment adjustments
A credit against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) shall be allowed to a taxpayer for a claim of right income repayment adjustment. The credit shall be allowed under this section only if the taxpayer’s federal tax liability is determined under section 1341(a) of the Internal Re…
315.070 [Repealed by 1965 c.26 §6]
315.075 [Repealed by 1965 c.26 §6]
315.080 [Repealed by 1965 c.26 §6]
315.085 [Repealed by 1965 c.26 §6]
315.090 [Repealed by 1965 c.26 §6]
315.095 [Repealed by 1965 c.26 §6]
AGRICULTURE; FISHERIES; FORESTRY
315.104 Reforestation; rules
A credit against the taxes otherwise due under ORS chapter 316 (or if the taxpayer is a corporation, under ORS chapter 317 or 318) shall be allowed in an amount equal to 50 percent of reforestation project costs actually paid or incurred to reforest underproductive Oregon forestlands. Such costs include, but are not limited to, any fees established by the St…
315.105 [Repealed by 1965 c.26 §6]
315.106 Reforestation credit preliminary certificate; application; limitation calculation; rules; fee
A taxpayer claiming the credit provided under ORS 315.104 shall file a written request with the State Forester for a preliminary certificate. The request shall contain: Information that is required by the State Forester by rule; An estimate of the amount of the credit the taxpayer expects to claim under ORS 315.104 (1)(a); and Payment of any fee required …
315.108 Annual reforestation credit cost limitation
On or before January 1, 1996, the State Forester shall determine an average annual amount of estimated reforestation project costs for which credit was claimed under ORS 315.104 (1)(a) during the period from July 1, 1992, to July 1, 1994. The annual reforestation credit cost limitation shall be: Equal to the average annual amount of estimated reforestation…
315.110 [Amended by 1953 c.665 §2; repealed by 1965 c.26 §6]
315.111 Legislative declarations regarding riparian land conservation
The Legislative Assembly declares that the purpose of ORS 315.113 is to encourage taxpayers that have riparian land in farm production to voluntarily remove the riparian land from farm production and employ conservation practices applicable to the riparian land that minimize contributions to undesirable water quality, habitat degradation and stream bank eros…
315.113 Voluntary removal of riparian land from farm production; rules
As used in this section: “Crop” means the total yearly production of an agricultural commodity, not including livestock, that is harvested from a specified area. “Riparian land” means land in this state that: Borders both a river, stream or other natural watercourse and land that is in farm production; and Does not exceed a width of 35 feet between the l…
315.115 [Repealed by 1965 c.26 §6]
315.117 Legislative findings and declarations regarding on-farm processing
The Legislative Assembly finds that farming and related agricultural activities make significant contributions to the economy of this state and that the contributions of family farms are important in maintaining the agricultural diversity upon which consistent economic performance is based. The Legislative Assembly further finds that changes in the marketpla…
315.119 On-farm processing facilities
As used in this section: “Effective property tax rate” means: The ratio of the total amount of property taxes imposed on the account that contains the machinery and equipment for which a credit is being claimed (after application of ORS 310.150 but prior to discount under ORS 311.505) over the assessed value of the property tax account; and The ratio dete…
315.120 [Amended by 1953 c.132 §3; repealed by 1965 c.26 §6]
315.123 Minimum production and processing volume requirements; record- keeping requirements
For the first three tax years in which a taxpayer claims a credit under ORS 315.119, a taxpayer shall be deemed to have complied with the applicable minimum production and processing volume requirements of ORS 315.119 (3)(c) if the taxpayer has satisfied these requirements for the preceding tax year. For the fourth tax year in which a taxpayer claims a cred…
315.124 Small forestland owner using standard practice harvest restrictions; rules
As used in ORS 315.124 to 315.132: “Common ownership” means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a significant interest. “Dry channel area” means that area between the inside edge of the small forest owner minimum option and the edge of the dry stream…
315.125 [Enacted as 1953 c.197 §2; repealed by 1965 c.26 §6]
315.126 Certification of eligibility from State Forestry Department; notice of operation; irrevocable deed restriction; department to maintain records
In order to obtain certification of eligibility from the State Forestry Department for a tax credit allowed under ORS 315.124, a small forestland owner must: File, as provided in ORS 527.670, a notification of operation with the State Forester for an operating area that includes the forest conservation area for which the small forestland owner seeks a credi…
315.128 Calculation of credit amount
The amount of the tax credit allowed under ORS 315.124 shall be the sum of: The certified stumpage value of standing timber in that portion of the forest conservation area that is not harvested as a result of using the standard practice harvest restrictions in lieu of the small forest owner minimum option, using the standard measuring techniques of professi…
315.130 Revocation upon timber harvest or removal of harvest restriction; liability for tax; penalties
If a small forestland owner, or the owner’s estate, heirs or devisees, elects to conduct a timber harvest within a forest conservation area for which a tax credit has been allowed under ORS 315.124 and for which a harvest restriction has been recorded or otherwise elects to remove the harvest restriction, the certification of the credit shall be revoked and …
315.132 Credit allowed for current certifications following repeal or expiration
If the credit allowed under ORS 315.124 is repealed, or is allowed by the Legislative Assembly to expire, taxpayers that have previously received certification shall be allowed to continue to claim the credit. Any deed restrictions associated with the credit shall be retained. [2022 c.34 §6] Note: Section 7, chapter 34, Oregon Laws 2022, provides: Sec. 7. …
315.133 Overtime compensation paid to agricultural workers
As used in this section and ORS 315.135 and 315.136: “Agricultural worker” has the meaning given that term in ORS 653.271. “Eligible employer” means an employer doing business in 2017 North American Industry Classification System code 111, crop production, or code 112, animal production and aquaculture. “Full-time equivalent employee” means an employee or…
315.134 [1993 c.730 §10 (enacted in lieu of 316.084, 317.133 and 318.080); 1995 c.54 §3; repealed by 2011 c.83 §13]
315.135 Calculation of credit amount
The amount of credit allowed under ORS 315.133 shall be equal to a percentage of the additional wages paid as required overtime pay to agricultural workers by an eligible employer, in excess of regular pay, as set forth in subsections (2) to (5) of this section. If during the calendar year the taxpayer employs more than 50 full-time equivalent employees and…
315.136 Notice of acknowledgment in support of credit; application
In order to receive a notice of acknowledgment from the Department of Revenue in support of a tax credit allowed under ORS 315.133, a taxpayer shall submit to the department an application under this section. The application shall be made in the form and manner prescribed by the department and must be submitted by the taxpayer no later than January 31 follow…
315.137 Calendar year limitation on credits allowed all taxpayers
The total amount allowed for tax credits for overtime wages under ORS 315.133, as acknowledged in notices provided by the Department of Revenue under ORS 315.136, may not exceed $55 million for all taxpayers for any calendar year. If the department receives applications for the credit sufficient to exceed this amount, the department shall by rule proportiona…
315.138 Screening devices, by-pass devices or fishways; rules
There shall be allowed a credit against tax due under ORS chapter 316, or if the taxpayer is a corporation, under ORS chapter 317, for taxpayers that install screening devices, by-pass devices or fishways, pursuant to ORS 498.306 or 509.585, and the diversion is not part of a hydroelectric project required to be licensed under the Federal Energy Regulatory C…
315.141 Biomass production or collection; fee; rules; documentation
As used in this section: “Agricultural producer” means a person that produces biomass in Oregon that is used, in Oregon, as biofuel or to produce biofuel. “Biofuel” means liquid, gaseous or solid fuels, derived from biomass, that have been converted into a processed fuel ready for use as energy by a biofuel producer’s customers or for direct biomass energy…
315.144 Transfer of biomass credit; rules
A person that has obtained a tax credit under ORS 315.141 may transfer the credit to a taxpayer subject to tax under ORS chapter 316, 317 or 318. A tax credit allowed under ORS 315.141 may be transferred on or before the date on which the return is due for the tax year in which the credit may first be claimed. After that date, no portion of a credit allowed…
315.148 [1993 c.730 §14 (enacted in lieu of 316.098, 317.150 and 318.102); 1995 c.54 §4; repealed by 1999 c.21 §38]
315.154 Definitions for crop donation credit
As used in this section and ORS 315.156: “Apparently wholesome food” means: Food fit for human consumption; and Food that meets all quality and labeling standards imposed by federal, state or local laws, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus or other condition. “Crop” means an agricultu…
315.155 [Repealed by 1965 c.26 §6]
315.156 Crop donation; forms
A taxpaying individual or corporation that is a grower of a crop and that makes a qualified donation of the crop shall be allowed a credit against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, as follows: In the case of a qualified donation made under circumstances described in ORS 315.154 …
315.160 [Repealed by 1965 c.26 §6]
315.163 Definitions for ORS 315.163 to 315.169
As used in ORS 315.163 to 315.169: “Acquisition costs” means the cost of acquiring buildings, structures and improvements that constitute or will constitute agriculture workforce housing. “Acquisition costs” does not include the cost of acquiring land on which agriculture workforce housing is or will be located. “Agricultural worker” means any person who,…
315.164 Agriculture workforce housing projects; rules
A taxpayer who is the owner or operator of agriculture workforce housing is allowed a credit against the taxes otherwise due under ORS chapter 316, if the taxpayer is a resident individual, or against the taxes otherwise due under ORS chapter 317, if the taxpayer is a corporation. The total amount of the credit shall be equal to 50 percent of the eligible co…
315.165 [Repealed by 1965 c.26 §6]
315.167 Agriculture workforce housing credit application; procedure; rules
Prior to the completion of an agriculture workforce housing project for which credit under ORS 315.164 will be claimed, an owner or operator of agriculture workforce housing shall apply to the Housing and Community Services Department for a letter of credit approval. The application shall be on such form as is prescribed by the Housing and Community Service…
315.169 Agriculture workforce housing contributor credit; transfer of agriculture workforce housing owner or operator credit; continued eligibility; rules
A taxpayer that is a contributor is allowed a credit against the taxes otherwise due under ORS chapter 316, if the taxpayer is a resident individual, or ORS chapter 317, if the taxpayer is a corporation, to the extent the owner or operator of agriculture workforce housing transferred all or a portion of the credit allowed to the owner or operator under ORS 3…
315.170 [Repealed by 1965 c.26 §6]
315.171 Tax credit limit for biennium
The Housing and Community Services Department may approve an application under ORS 315.167 only if the potential credits of the project would not cause the total potential credits claimed under ORS 315.164 (1) for all approved applications to exceed $16.75 million within the biennium in which the application is approved.
315.172 [2001 c.868 §4; 2003 c.588 §15; 2013 c.750 §23; repealed by 2019 c.483 §25]
315.174 [2012 c.65 §2; repealed by 2025 c.36 §4]
315.175 [Repealed by 1965 c.26 §6]
315.176 Bovine manure production or collection; rules
As used in this section: “Biofuel” means liquid, gaseous or solid fuels, derived from biomass, that have been converted into a processed fuel ready for use as energy by a biofuel producer’s customers or for direct biomass energy use at the biofuel producer’s site. “Biofuel producer” means a person that, through activities in Oregon: Alters the physical ma…
315.179 [2017 c.610 §8; repealed by 2019 c.483 §25]
315.180 [Repealed by 1965 c.26 §6]
315.181 [2017 c.610 §9; repealed by 2019 c.483 §25]
315.184 Annual limitation on total amount of tax credits; proportionate reduction
The total amount certified by the State Department of Agriculture for tax credits for the production or collection of bovine manure under ORS 315.176 may not exceed $5 million for all taxpayers for any calendar year. If the department receives applications for the credit sufficient to exceed this amount, the department shall by rule proportionately reduce th…
315.185 [Repealed by 1965 c.26 §6]
315.190 [Repealed by 1965 c.26 §6]
315.195 [Repealed by 1965 c.26 §6]
315.200 [Repealed by 1965 c.26 §6]
CHILDREN AND FAMILIES; POVERTY RELIEF
315.204 Dependent care assistance; rules
A credit against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) shall be allowed to a resident employer or to a corporation that is an employer for amounts paid or incurred during the taxable year by the employer for dependent care assistance actually provided to an employee if the assistanc…
315.205 [Repealed by 1965 c.26 §6]
315.208 Dependent care facilities
A credit against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation that is an employer, under ORS chapter 317 or 318) is allowed to an employer, based upon costs actually paid or incurred by the employer, to acquire, construct, reconstruct, renovate or otherwise improve real property so that the property may be used primaril…
315.210 [Repealed by 1965 c.26 §6]
315.213 Contributions to Office of Child Care
A credit against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318 is allowed to a taxpayer for certified contributions made to the Department of Early Learning and Care under ORS 329A.706. The amount of a tax credit available to a taxpayer for a tax year under this section shall equal the amoun…
315.215 [Repealed by 1965 c.26 §6]
315.234 [1993 c.730 §26 (enacted in lieu of 316.133 and 317.134); 1995 c.54 §6; 1995 c.746 §49; repealed by 2005 c.94 §81]
315.237 Employee and dependent scholarship program payments
As used in this section, “qualified scholarship” means a scholarship that meets the criteria set forth or incorporated into the letter of employee and dependent scholarship program certification issued under ORS 348.618. A credit against the taxes otherwise due under ORS chapter 316 is allowed to a resident employer (or, if the taxpayer is a corporation tha…
315.254 [1993 c.730 §28 (enacted in lieu of 316.151, 317.141 and 318.085); repealed by 2009 c.33 §19]
315.255 [Repealed by 1965 c.26 §6]
315.259 [1995 c.648 §2; 1997 c.325 §38; 1999 c.59 §78; 1999 c.741 §1; 2012 c.37 §83; repealed by 2013 c.176 §7]
315.260 [Repealed by 1965 c.26 §6]
315.262 Working family child care; rules
As used in this section: “Child care” means care provided to a qualifying child of the taxpayer for the purpose of allowing the taxpayer to be gainfully employed, to seek employment or to attend school on a full-time or part-time basis, except that the term does not include care provided by: The child’s parent or guardian, unless the care is provided in a …
315.264 Working family household and dependent care expenses; rules
A credit against the tax otherwise due under ORS chapter 316 shall be allowed a taxpayer in an amount equal to a percentage of employment-related expenses of a type allowable as a credit pursuant to section 21 of the Internal Revenue Code, notwithstanding the limitation imposed by section 21(c) of the Internal Revenue Code, and limited as provided in paragra…
315.265 [Repealed by 1965 c.26 §6]
315.266 Earned income; use of individual taxpayer identification number in alternative; rules
In addition to any other credit available for purposes of ORS chapter 316, an eligible resident individual shall be allowed a credit against the tax otherwise due under ORS chapter 316 for the tax year in an amount equal to nine percent of the earned income credit allowable to the individual for the same tax year under section 32 of the Internal Revenue Code…
315.270 [Repealed by 1965 c.26 §6]
315.271 Individual development accounts
A credit against taxes otherwise due under ORS chapter 316, 317 or 318 shall be allowed for donations to a fiduciary organization for distribution to individual development accounts established under ORS 458.685. The credit shall equal a percentage of the taxpayer’s donation amount, as determined by the fiduciary organization, but not to exceed 90 percent of…
315.272 Certain individual development account withdrawals
An individual taxpayer shall be allowed a credit against the taxes that are otherwise due under ORS chapter 316 if, during the tax year: The taxpayer purchased a primary residence; All or a part of the usual and reasonable settlement, financing or other closing costs for the purchase were funded from a withdrawal from an individual development account in w…
315.273 Qualifying child of taxpayer
As used in this section: “Dependent” means an individual who is under the age of six years at the close of the tax year and who is a dependent of a taxpayer as described in section 152(a) of the Internal Revenue Code, determined without regard to section 152(b)(3) of the Internal Revenue Code. “Qualifying child” has the meaning given that term in section 1…
315.274 [1999 c.1088 §2; 2001 c.660 §57; 2003 c.77 §13; repealed by 2011 c.83 §13]
315.275 [Repealed by 1965 c.26 §6]
315.276 Quarterly payments based on annual advance amount
The Department of Revenue shall establish by rule a program for making quarterly payments to taxpayers that, in the aggregate during any calendar year, equal the annual advance amount determined under subsection (2) of this section with respect to a taxpayer for the calendar year. Except as provided in subsection (2)(c)(B) of this section, the periodic payme…
315.278 Reconciliation of quarterly payment amounts
The Department of Revenue, in reviewing the personal income tax returns of all individuals who have received payments under ORS 315.276, shall: Confirm that, for the tax year during which payments began as provided under ORS 315.279, the taxpayer has claimed a credit under ORS 315.273; Reconcile the amounts claimed under ORS 315.273 against the amounts dis…
315.279 Commencement of quarterly payments
The Department of Revenue shall begin quarterly payments under ORS 315.276 during the second year immediately following the year in which ORS 315.276 becomes operative under section 5, chapter 538, Oregon Laws 2023, and shall continue to make quarterly payments in each year thereafter, provided that the payments continue not to affect eligibility for federal…
315.280 [Amended by 1953 c.148 §3; repealed by 1965 c.26 §6]
315.281 Definitions for credit allowed for sale of publicly supported housing
As used in ORS 315.281 to 315.291: “Affordability restriction” has the meaning given that term in ORS 456.766. “Identity of interest” means a relationship in which a purchaser and seller are related by blood or marriage or are affiliated through a business relationship. “Publicly supported housing” has the meaning given that term in ORS 456.766. “Qualify…
315.283 Sale of publicly supported housing; rules
A taxpayer is allowed a credit against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318 for a qualifying sale in Oregon of publicly supported housing during the tax year. The amount of the credit allowed under this section may not exceed: For housing owned by the taxpayer for at least five year…
315.285 [Repealed by 1965 c.26 §6]
315.286 Reservation of credit; application to Housing and Community Services Department
Before purchasing a property that is publicly supported housing, a purchaser intending to reserve the credit allowed under ORS 315.283 on behalf of the seller shall apply to the Housing and Community Services Department for a reservation. The application for a reservation under this section must be on a form prescribed by the Housing and Community Services …
315.288 [2023 c.490 §21; repealed by 2024 c.52 §8]
315.290 [Repealed by 1965 c.26 §6]
315.291 Calendar year limitation on credits allowed all taxpayers
The total amount certified by the Housing and Community Services Department for tax credits for affordable housing under ORS 315.283 may not exceed $3 million for all taxpayers for any calendar year.
315.295 [Repealed by 1965 c.26 §6]
ENVIRONMENT AND ENERGY
315.304 Pollution control facilities
A credit against taxes imposed by ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) for a pollution control facility or facilities certified under ORS 468.170 shall be allowed if the taxpayer qualifies under subsection (4) of this section. For a facility certified under ORS 468.170, the maximum credit allowed in any one ta…
315.305 [Repealed by 1965 c.26 §6]
315.310 [Repealed by 1965 c.26 §6]
315.311 [1995 c.746 §33; 1997 c.325 §40; repealed by 2011 c.83 §13]
315.315 [Repealed by 1965 c.26 §6]
315.320 [Repealed by 1965 c.26 §6]
315.324 [1993 c.730 §32 (enacted in lieu of 316.103 and 317.106); 1995 c.746 §7; repealed by 2011 c.83 §13]
315.325 [Repealed by 1965 c.26 §6]
315.326 Renewable energy development contributions; auction of tax credits; certification; rules
A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to a taxpayer for certified renewable energy development contributions made by the taxpayer during the tax year to the Renewable Energy Development Subaccount, established in ORS 470.805, of the Clean Energy D…
315.329 Funding in lieu of tax credit certification
In any fiscal year, the amount of tax credits allowed under ORS 315.326 may be reduced or eliminated, and the Legislative Assembly may, no later than 30 days prior to the end of each fiscal year, in lieu of the issuance of certifications for tax credit under ORS 315.326 by the State Department of Energy, make an appropriation to the State Department of Energ…
315.330 [Repealed by 1965 c.26 §6]
315.331 Energy conservation projects
A credit is allowed against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, for an energy conservation project that is certified under ORS 469B.270 to 469B.306. The credit is allowed as follows: Except as provided in ORS 469B.298 and in paragraph (b) of this subsection, the credit allowed in …
315.335 [Repealed by 1965 c.26 §6]
315.336 Transportation projects
A credit is allowed against the taxes otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, for a transportation project, based upon the certified cost of the project during the period for which the project is certified under ORS 469B.320 to 469B.347. The credit allowed for a project other than an alternativ…
315.340 [Repealed by 1965 c.26 §6]
315.341 Renewable energy resource equipment manufacturing facilities
A credit is allowed against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318), based upon the certified cost of a renewable energy resource equipment manufacturing facility during the period for which the facility is certified under ORS 285C.540 to 285C.559. The credit allowed under this sectio…
315.345 [Repealed by 1965 c.26 §6]
315.350 [Repealed by 1965 c.26 §6]
315.354 Energy conservation facilities
A credit is allowed against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318), based upon the certified cost of the facility during the period for which that facility is certified under ORS 469B.130 to 469B.169. The credit is allowed as follows: Except as provided in paragraph (b) or (c) of th…
315.355 [Repealed by 1965 c.26 §6]
315.356 Other grants as offset to cost of energy conservation facility; changes in eligibility for participation in other programs
If a taxpayer obtains a grant from the federal government in connection with a facility that has been certified by the Director of the State Department of Energy, the total cost of the facility shall be reduced on a dollar for dollar basis. Any income or excise tax credits that the taxpayer would be entitled to under ORS 285C.540 to 285C.559, 315.341, 315.35…
315.357 Time limit applicable to energy conservation tax credit
For a facility other than a renewable energy resource equipment manufacturing facility, a taxpayer may not be allowed a credit under ORS 315.354 unless the taxpayer: Files an application for preliminary certification under ORS 469B.145 on or before April 15, 2011; Receives preliminary certification under ORS 469B.157 before July 1, 2011; and Receives fina…
315.360 [Amended by 1953 c.132 §3; repealed by 1965 c.26 §6]
315.365 [Repealed by 1965 c.26 §6]
315.455 [Repealed by 1965 c.26 §6]
315.460 [Repealed by 1965 c.26 §6]
315.465 Biofuels and fuel blends
As used in this section and ORS 315.469: “Alternative fuel vehicle” means a motor vehicle that can operate on a fuel blend. “Biodiesel” has the meaning given that term in ORS 646.905. “Biomass” has the meaning given that term in ORS 315.141. “Bone dry ton” means matter that is dried to less than one percent moisture content and that weighs 2,000 pounds. …
315.469 Biodiesel used in home heating
A resident individual shall be allowed a tax credit against the taxes otherwise due under ORS chapter 316 for costs paid or incurred to purchase fuel for primary home space heating that is at least 20 percent biodiesel. The credit allowed under this section is the lesser of five cents per gallon or $200. The credit allowed in any one tax year may not exceed…
315.504 [1993 c.730 §38 (enacted in lieu of 316.104 and 317.140); repealed by 2005 c.80 §7]
315.505 [Repealed by 1965 c.26 §6]
ECONOMIC DEVELOPMENT
315.506 New business facility in reservation enterprise zone or reservation partnership zone
A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to an eligible business that is operating a new business facility in a reservation enterprise zone or a reservation partnership zone. The amount of the credit allowed to the eligible business shall equal: Th…
315.507 Electronic commerce in designated enterprise zone
A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, shall be allowed to a taxpayer that is: A business firm engaged or preparing to engage in electronic commerce in an enterprise zone that has been designated for electronic commerce under ORS 285C.095; or A business fir…
315.508 Recordkeeping requirements; disallowance of credit
A taxpayer who has claimed a credit under ORS 315.507 shall maintain records sufficient to show: That within three years following the year in which a credit was claimed under ORS 315.507, property owned or operated by the taxpayer and used in electronic commerce operations was exempt from property taxation under ORS 285C.175; and That at no time was prope…
315.510 [Repealed by 1965 c.26 §6]
315.511 [2001 c.957 §15; repealed by 2011 c.83 §15]
315.514 Film production development contributions; auction of tax credits; rules
A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to a taxpayer for certified film production development contributions made by the taxpayer to the Oregon Production Investment Fund established under ORS 284.367. The Department of Revenue shall, in cooperati…
315.515 [Repealed by 1965 c.26 §6]
315.516 Funding in lieu of tax credit certification
In lieu of the issuance of certifications for tax credit under ORS 315.514 by the Oregon Film and Video Office, the Legislative Assembly may, no later than 30 days prior to the end of each fiscal year, appropriate to the Oregon Business Development Department for deposit into the Oregon Production Investment Fund an amount equal to the total amount that woul…
315.517 Water transit vessels
As used in this section, “water transit vessel” means a United States Coast Guard licensed and inspected vessel that is primarily designed to carry 50 or more passengers and vehicles or 50 or more passengers only for a published fee across a body of water between two or more fixed points on a regular schedule. A credit against the taxes that are otherwise d…
315.518 Research conducted by semiconductor company
As used in this section, “qualified semiconductor company” means an entity whose primary business is the research, design, development, fabrication, assembly, testing, packaging or validation of semiconductors, or an entity whose primary business is the creation of semiconductor manufacturing equipment, semiconductor core intellectual property or electronic …
315.519 Refundability of tax credit
If the amount allowable as a credit under ORS 315.518, after any reduction applicable under subsection (2) of this section, when added to the sum of the amount of estimated tax paid under ORS 314.515 and any other tax prepayment amounts, exceeds the taxes imposed by ORS chapters 314 and 317 for the tax year after application of any nonrefundable credits allo…
315.520 [Repealed by 1965 c.26 §6]
315.521 [2005 c.592 §5; 2013 c.750 §42; 2016 c.31 §2; 2019 c.483 §15; renumbered 315.640 in 2019]
315.522 Certification; application to Oregon Business Development Department; fees; rules
A taxpayer seeking to claim the credit provided under ORS 315.518 shall file for each tax year a written application for certification with the Oregon Business Development Department. The application must include: A description of how the taxpayer meets the definition of a qualified semiconductor company under ORS 315.518; A description of how proposed res…
315.523 Employee training
As used in this section, “qualifying county” means a county with a population greater than 60,000 but less than 80,000 that: Is located entirely outside of the Portland Metropolitan Area Regional Urban Growth Boundary and the acknowledged urban growth boundary of cities with populations of 30,000 or more; Has an annual economic development budget of $500,0…
315.525 [Repealed by 1965 c.26 §6]
OREGON LOW INCOME COMMUNITY JOBS INITIATIVE
315.526 Short title
ORS 285C.650, 285C.653, 285C.656 and 315.529 to 315.536 shall be known and may be cited as the Oregon Low Income Community Jobs Initiative. Note: 315.526, 315.529 and 315.536 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 315 or any series therein by legislative action. See Preface to Oregon Revised Sta…
315.529 Definitions
As used in ORS 285C.650, 285C.653, 285C.656 and 315.529 to 315.536: “Credit allowance date” means, with respect to any qualified equity investment: The date on which the investment is initially made; and Each of the six yearly anniversary dates after that initial date. “Long-term debt security” means any debt instrument issued by a qualified community de…
315.530 [Repealed by 1965 c.26 §6]
315.533 Qualified equity investments
As used in this section, “applicable percentage” means zero percent for each of the first two credit allowance dates, seven percent for the third credit allowance date and eight percent for the next four credit allowance dates. A person that makes a qualified equity investment shall, at the time of investment, earn a vested credit against the taxes otherwis…
315.535 [Repealed by 1965 c.26 §6]
315.536 Transferability of credit
A tax credit allowed under ORS 315.533 may not be sold or transferred, with the exception that tax credits that a partnership, limited liability company, S corporation or other pass-through entity is entitled to claim may be allocated to the partners, members or shareholders of the entity for their direct use in accordance with the provisions of any agreemen…
315.540 [Repealed by 1965 c.26 §6]
315.545 [Repealed by 1965 c.26 §6]
315.550 [Repealed by 1965 c.26 §6]
315.555 [Repealed by 1965 c.26 §6]
315.560 [Repealed by 1965 c.26 §6]
315.570 [Repealed by 1965 c.26 §6]
315.575 [Repealed by 1965 c.26 §6]
315.580 [Repealed by 1965 c.26 §6]
315.585 [Repealed by 1965 c.26 §6]
315.590 [Repealed by 1965 c.26 §6]
SHORT LINE RAILROADS
315.591 Definitions
As used in ORS 315.591 to 315.603: “Infrastructure” includes tracks, switches, sidings, roadbeds, railroad bridges and industrial leads owned or leased by a short line railroad. “Short line railroad” means a class II or class III railroad as defined in 49 C.F.R. 1201. “Short line railroad rehabilitation project” means a project that involves the maintenan…
315.593 Short line railroad rehabilitation projects; rules
A credit against taxes imposed by ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) is allowed to a taxpayer, based upon short line railroad rehabilitation project costs actually paid or incurred by the taxpayer during the tax year for which the credit is claimed. The credit allowed under this section shall be the lesser o…
315.595 Preliminary certification; application; allocation priority; rules
Prior to construction of a short line railroad rehabilitation project, a taxpayer may apply to the Department of Transportation for preliminary certification of the project in the manner prescribed by rules adopted under this section, which must include: Timelines and deadlines for submission of application materials; A description of the information requi…
315.597 Final certification; rules
A taxpayer may apply to the Department of Transportation for final certification of a short line railroad rehabilitation project if: The taxpayer received preliminary certification for the project under ORS 315.595; and The project is completed. After approving the application, the department shall certify the project, including the amount of the tax cred…
315.599 Fees; appropriation for expenses
The Department of Transportation may charge and collect a fee from taxpayers for preliminary or final certification of short line rehabilitation projects under ORS 315.595 and 315.597. The fee may not exceed the cost to the department of issuing certifications. All fees collected under this section shall be deposited in the State Treasury to the credit of t…
315.601 [2019 c.579 §12; repealed by 2021 c.528 §28]
315.603 Tax credit limit for biennium
The total amount of potential tax credits allowed under ORS 315.593 at the time of preliminary certification under ORS 315.595 may not exceed $4 million for any biennium.
315.604 [1993 c.730 §40 (enacted in lieu of 316.155 and 317.149); 2009 c.595 §204; repealed by 2011 c.83 §15]
315.606 [2019 c.579 §14; repealed by 2021 c.528 §28]
HEALTH
315.610 Long term care insurance
A taxpayer shall be allowed a credit against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318) for premium costs actually paid or incurred during the tax year for a long term care insurance policy: For long term care coverage of the taxpayer or a dependent or parent of the taxpayer; or That i…
315.613 Credit available to persons providing rural medical care and affiliated with certain rural hospitals
An annual credit against the taxes otherwise due under ORS chapter 316 shall be allowed to a resident or nonresident individual who is: Certified as eligible under ORS 442.563; Licensed under ORS chapter 677; Engaged in the practice of medicine, and engaged for at least 20 hours per week, averaged over the month, during the tax year in a rural practice; a…
315.616 Additional providers who may qualify for credit
A resident or nonresident individual who is certified as eligible under ORS 442.561, 442.562, 442.563 or 442.564, and is licensed as a physician under ORS chapter 677, licensed as a physician associate under ORS 677.505 to 677.525, licensed as a nurse practitioner under ORS 678.375 to 678.390, licensed as a certified registered nurse anesthetist as defined i…
315.619 Credit for medical staff at type C hospital
A member of the medical staff of a type C hospital who meets the requirements of ORS 315.616 (1) and (2)(a) is entitled to the tax credit described in ORS 315.613 if: The hospital is isolated due to geographic conditions, complies with rules relating to emergency response and is subject to such other special factors as the Office of Rural Health may prescri…
315.622 Rural emergency medical services providers; annual report to Legislative Assembly
A resident or nonresident individual who is certified as eligible under ORS 442.561 to 442.570 and who is licensed as an emergency medical services provider under ORS chapter 682 shall be allowed a credit against the taxes that are otherwise due under ORS chapter 316 if the Office of Rural Health certifies that the individual provides volunteer emergency med…
315.624 Medical care to residents of Oregon Veterans’ Home
A resident or nonresident individual physician licensed under ORS chapter 677 who is engaged in the practice of medicine qualifies for an annual credit against the taxes that are otherwise due under ORS chapter 316 if the physician provides medical care to residents of an Oregon Veterans’ Home, as defined in ORS 408.362. The amount of the credit allowed und…
315.628 Health care services under TRICARE contract
A health care provider who enters into a contract for the first time on or after January 1, 2007, to provide health care services permitted under a TRICARE contract to patients enrolled in the TRICARE military health care system shall be allowed a one-time credit against taxes otherwise due under ORS chapter 316 in the amount of $2,500. A health care provid…
315.631 Certification of health care providers; reports
The Office of Rural Health shall establish criteria for certifying health care providers as eligible for a tax credit authorized by ORS 315.628 or a deduction from federal taxable income under ORS 316.680. Upon finding that a health care provider meets the eligibility criteria established by the office, the office shall certify the provider for a tax credit …
315.640 University venture development fund contributions
There shall be allowed a credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, based on amounts contributed in the tax year to a university venture development fund established under ORS 350.550, to the extent the university that established the fund issued a tax credit certi…
315.643 Opportunity Grant contributions; auction of tax credits; certification; rules
A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to a taxpayer for certified Opportunity Grant contributions made by the taxpayer to the Opportunity Grant Fund established under ORS 348.266. A credit is allowed for the tax year in which a contribution is mad…
315.646 Funding in lieu of tax credit certification
In lieu of the issuance of certifications for tax credit under ORS 315.643 by the Higher Education Coordinating Commission, the Legislative Assembly may, no later than 30 days prior to the end of each fiscal year, appropriate to the commission for deposit into the Opportunity Grant Fund established under ORS 348.266 an amount equal to the total amount that w…
315.650 Higher education savings account or ABLE account contributions
A credit against taxes otherwise imposed under ORS chapter 316 shall be allowed for amounts contributed by the taxpayer during the tax year to a savings network account for higher education established under ORS 178.300 to 178.360 or an ABLE account established under ORS 178.380. A taxpayer who makes contributions to both types of account may claim the credi…
315.653 Forfeiture of prior tax relief; disallowed withdrawal or distribution
As provided in subsection (2) of this section, prior tax relief afforded a taxpayer by virtue of the credit allowed under ORS 315.650 shall be forfeited if any of the following are taken: A nonqualified withdrawal from an account, as defined in ORS 178.300; A withdrawal from a savings network account for higher education established under ORS 178.300 to 17…
315.675 Trust for Cultural Development Account contributions
As used in this section, “cultural organization” means an entity that is: Exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code; and Organized primarily for the purpose of producing, promoting or presenting the arts, heritage, programs and humanities to the public or organized primarily for identifying, documenting, interpreti…