Oregon Law
Law as of Jan 1, 2024
Chapter contents
314.002[Repealed by 1953 c.310 §3] 314.004[Repealed by 1953 c.310 §3] 314.006[Repealed by 1953 c.310 §3] 314.008[Repealed by 1953 c.310 §3] 314.010[Repealed by 1953 c.310 §3] 314.011Definitions; conformance with federal income tax law 314.012[Repealed by 1953 c.310 §3] 314.013[2003 c.704 §4; repealed by 2005 c.533 §5] 314.014[Repealed by 1953 c.310 §3] 314.015Soccer referees considered independent contractors 314.016[Repealed by 1953 c.310 §3] 314.018[Repealed by 1953 c.310 §3] 314.020[Repealed by 1953 c.310 §3] 314.021Application of chapter 314.022[Repealed by 1953 c.310 §3] 314.023Application to partners in domestic partnership and to surviving partners 314.024[Repealed by 1953 c.310 §3] 314.026[Repealed by 1953 c.310 §3] 314.028[Repealed by 1953 c.310 §3] 314.029Application of Deficit Reduction Act of 1984 (P.L 314.030[Repealed by 1953 c.310 §3] 314.031Application of Deficit Reduction Act of 1984 (P.L 314.032[Repealed by 1953 c.310 §3] 314.033Application of federal Tax Reform Act of 1986 (P.L 314.034[Repealed by 1953 c.310 §3] 314.035Application of Omnibus Budget Reconciliation Act of 1987 (P.L 314.036[Repealed by 1953 c.310 §3] 314.037Application of P.L 314.038[Repealed by 1953 c.310 §3] 314.039Application of P.L 314.040[Repealed by 1953 c.310 §3] 314.041Application of Revenue Reconciliation Act of 1993 (P.L 314.042[Repealed by 1953 c.310 §3] 314.043Application of ICC Termination Act of 1995 (P.L 314.044[Repealed by 1953 c.310 §3] 314.045Application of Taxpayer Relief Act of 1997 (P.L 314.046[Repealed by 1953 c.310 §3] 314.047Application of Tax Relief Extension Act of 1999 (P.L 314.048[Repealed by 1953 c.310 §3] 314.049Application of Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L 314.050[Repealed by 1953 c.310 §3] 314.051Application of Veterans Benefit Act of 2002 (P.L 314.052[Repealed by 1953 c.310 §3] 314.053Application of Deficit Reduction Act of 2005 (P.L 314.054[Repealed by 1953 c.310 §3] 314.055Application of Energy Independence and Security Act of 2007 (P.L 314.056[Repealed by 1953 c.310 §3] 314.057Application of Economic Stimulus Act of 2008 (P.L 314.058[Repealed by 1953 c.310 §3] 314.059Application of American Recovery and Reinvestment Act of 2009 (P.L 314.060[Repealed by 1953 c.310 §3] 314.061Application of Consumer Assistance to Recycle and Save Act of 2009 (P.L 314.062[Repealed by 1953 c.310 §3] 314.063Application of Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act (P.L 314.064[Repealed by 1953 c.310 §3] 314.066[Repealed by 1953 c.310 §3] 314.068[Repealed by 1953 c.310 §3] 314.070[Repealed by 1953 c.310 §3] 314.072[Repealed by 1953 c.310 §3] 314.074[Repealed by 1953 c.310 §3] 314.075Evading requirements of law prohibited 314.078Determination of tax credit amounts 314.080Venue on failure to comply with law 314.085Taxable year; rules 314.088[2005 c.519 §2; repealed by 2011 c.83 §9] 314.091Abeyance of tax during periods of active duty military service 314.105Definitions for ORS 314.105 to 314.135 314.110[1953 c.702 §1; 1957 c.337 §4; repealed by 1971 c.248 §6] 314.115Adjustment to correct effect of certain errors; use limited 314.120[1953 c.702 §2; repealed by 1971 c.248 §6] 314.125When adjustment may be made 314.130[1953 c.702 §3; repealed by 1971 c.248 §6] 314.135Computation; method of adjustment; credit or setoff limited; recovery after payment limited 314.140Adjustment of returns of related taxpayers after reallocation of income or deduction on federal return 314.155[1965 c.178 §8; 1969 c.493 §79; repealed by 1983 c.162 §57] 314.160[1965 c.178 §9; 1969 c.493 §80; repealed by 1983 c.162 §57] 314.165[1965 c.178 §10; 1969 c.493 §81; repealed by 1983 c.162 §57] 314.170[1965 c.178 §11; repealed by 1969 c.493 §98] 314.175[1965 c.178 §12; 1969 c.493 §82; repealed by 1983 c.162 §57] 314.210[Formerly 317.605; 2003 c.46 §31; repealed by 2005 c.94 §78] 314.220[Formerly 317.610; repealed by 2005 c.94 §78] 314.230[Formerly 317.615; repealed by 2005 c.94 §78] 314.250[1967 c.592 §18; 1987 c.293 §53; repealed by 1989 c.802 §8] 314.255Collection of taxes due after revocation of certification of pollution control facility; exceptions to tax relief allowed for pollution control facility 314.256Lobbying expenditures; proxy tax; rules 314.257[1995 c.556 §46; repealed by 1997 c.839 §69] 314.258Withholding in certain conveyances of real estate; rules 314.260Taxation of real estate mortgage investment conduits 314.265[1997 c.839 §51; repealed by 2019 c.320 §5] 314.275[1957 c.544 §2; 1969 c.493 §84; 1983 c.162 §52; repealed by 1987 c.293 §56] 314.276Method of accounting 314.277[1961 c.176 §§2,4; 1969 c.493 §85; repealed by 1987 c.293 §56] 314.280Allocation of income of financial institution or public utility from business within and without state; rules; alternative apportionment for electing utilities or telecommunications taxpayers 314.285[1957 c.632 §5 (enacted in lieu of 316.210 and 317.185); repealed by 1987 c.293 §56] 314.287Costs allocable to inventory 314.290[1957 c.102 §2; 1979 c.579 §4; 1991 c.457 §16a; 1995 c.556 §22; repealed by 2001 c.509 §19] 314.295Apportionment or allocation where two or more organizations, trades or businesses are owned or controlled by the same interests 314.296[2009 c.402 §2; 2013 c.467 §1; repealed by 2013 c.467 §3] 314.297Election for alternative determination of farm income; computation of income; rules 314.300Passive activity loss; determination; treatment; rules 314.302Interest on deferred tax liabilities with respect to installment obligations; rules 314.304[1995 c.556 §42; 1999 c.21 §33; repealed by 1999 c.21 §34] 314.306Income from discharge of indebtedness; bankruptcy; insolvency 314.307Definitions; reportable transactions 314.308Reportable transactions; rules 314.310Liability of transferee of taxpayer for taxes imposed on taxpayer 314.330Lien if grantor or other person determined to be owner of trust 314.355Returns when tax year changed 314.360Information returns; penalties 314.362Filing return on magnetic media or other machine-readable form; rules 314.363[1975 c.760 §2; repealed by 1984 c.1 §18] 314.364Authority of department to require filing of returns by electronic means; rules 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] 314.370Department requiring return or supplementary return 314.380Furnishing copy of federal or other state return or report; action required when return filed or changed or tax assessed 314.385Form of returns; time for filing; alternative filing formats; rules 314.395Time for payment of tax; interest on delayed return 314.397Manner of payment 314.400Penalty for failure to file report or return or to pay tax when due; interest; limitation on penalty 314.401De minimis tax payment not required 314.402Understatement of net tax; penalty; cost-of-living adjustment; waiver of penalty 314.403Listed transaction understatement; penalty 314.404Penalty for failure to report reportable transaction 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)] 314.406Penalty for promotion of abusive tax shelter 314.407Assessment of taxes owing but not submitted with return; time of assessment; recording of warrant 314.410Time 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 314.412Issuing of notice of deficiency attributable to involuntary conversion; time limit 314.415Refunds; interest; credits 314.417Unpaid tax or withholding lien at time of assessment 314.419Foreclosure of lien 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] 314.421When lien valid 314.423Status of lien 314.425Examining books, records or persons 314.430Warrant for collection of taxes 314.432[1989 c.1036 §2; 1995 c.53 §2; renumbered 305.182 in 1995] 314.434[1989 c.1036 §3; 1995 c.53 §3; renumbered 305.184 in 1995] 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)] 314.440Tax as debt; termination of taxable period and immediate assessment of tax 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] 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] 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)] 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)] 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)] 314.466Audits, deficiencies, assessments, refunds and appeals governed by ORS chapter 305 314.469Treatment of moneys collected under ORS 314.406 314.470[1957 c.632 §26 (enacted in lieu of 316.675 and 317.480); repealed by 1961 c.20 §1] 314.505Estimate of tax liability by corporations; rules 314.515Installment schedule for payment of estimated tax 314.518Estimated tax payments by electronic funds transfer; phase-in; rules 314.520State agency authority over certain electronic funds transfer payments 314.525Underpayment of estimated tax; interest; nonapplicability of penalties 314.605Short title; construction 314.606Status of ORS 314.605 to 314.675 when in conflict with Multistate Tax Compact 314.610Definitions for ORS 314.605 to 314.675 314.615When allocation and apportionment of net income from business activity required 314.620When taxpayer is considered taxable in another state 314.625Certain nonapportionable income to be allocated 314.630Allocation to this state of net rents and royalties 314.635Allocation to this state of capital gains and losses 314.640Allocation to this state of interest and dividends 314.642Allocation to this state of lottery prizes 314.645Allocation to this state of patent and copyright royalties 314.647Policy 314.650Apportionment of income 314.655Determination of property factor 314.660Determination of payroll factor 314.665Determination of sales factor; use of market sourcing; inclusions and exclusions; definitions 314.666Market for sales in this state 314.667Additional methods to determine extent of business activity in this state; rules 314.668Definitions 314.669Legislative findings; purposes 314.670[1965 c.152 §19; 1984 c.1 §17; 1995 c.79 §157; 1999 c.143 §9; renumbered 314.667 in 2013] 314.671Qualifying investment contract; duration; remedies 314.673Rules; report to Legislative Assembly 314.674Apportionment of broadcasting sales 314.675Apportionment of net loss; net loss deduction; limitations 314.680[1989 c.792 §3; 1995 c.79 §159; 2014 c.103 §§1,3; repealed by 2021 c.74 §4] 314.682[1989 c.792 §2; 1995 c.79 §160; repealed by 2021 c.74 §4] 314.684[1989 c.792 §4; 2014 c.103 §§2,4; repealed by 2021 c.74 §4] 314.686[1989 c.792 §5; 1995 c.79 §161; repealed by 2021 c.74 §4] 314.688[1989 c.792 §6; 1995 c.79 §162; repealed by 2021 c.74 §4] 314.690[1989 c.792 §7; repealed by 2021 c.74 §4] 314.695Application of ORS 314.280 and 314.605 to 314.675 314.698Treatment of global intangible low-taxed income 314.705[1967 c.242 §2; repealed by 2015 c.480 §6] 314.710[1967 c.242 §7; 1969 c.493 §91; repealed by 2015 c.480 §6] 314.712Partnerships not subject to income tax; exceptions 314.714Character of partnership income; procedure if partner’s treatment of item inconsistent with partnership treatment; rules 314.716Basis of partner’s interest; gain or loss on sale; election to adjust basis 314.718Treatment of contributions to partnership 314.720Treatment of distributions from partnership 314.722Publicly traded partnerships taxed as corporations 314.723[1999 c.90 §3; repealed by 2019 c.132 §11] 314.724Information return; penalty; rules 314.725Privilege tax applicable to partnerships 314.726Application of ORS 314.724 314.727Disclosure of partnership items to partner 314.730[1989 c.625 §41; renumbered 314.761 in 2019] 314.731Definitions 314.732[1989 c.625 §42; 1991 c.457 §21; renumbered 314.762 in 2019] 314.733Requirement to report adjustments from partnership-level audit or administrative adjustment request 314.734[1989 c.625 §43; 1991 c.457 §22; 1997 c.839 §60; renumbered 314.763 in 2019] 314.735Time limit for notice of deficiency 314.736[1989 c.625 §44; renumbered 314.764 in 2019] 314.737Time limit for claim for refund or credit 314.738[1989 c.625 §45; renumbered 314.765 in 2019] 314.739Obligation or right of partner to report changes in taxable income or tax liability 314.740[1989 c.625 §46; 1997 c.839 §61; renumbered 314.766 in 2019] 314.742[1989 c.625 §47; 1997 c.839 §62; renumbered 314.767 in 2019] 314.744[1989 c.625 §48; renumbered 314.768 in 2019] 314.746[1989 c.625 §49; renumbered 314.769 in 2019] 314.748[1989 c.625 §50; repealed by 1997 c.839 §69] 314.749[1997 c.100 §6; renumbered 314.770 in 2019] 314.750[1989 c.625 §58; 2007 c.322 §2; renumbered 314.771 in 2019] 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] 314.760[1989 c.625 §54; repealed by 2005 c.387 §8] 314.761“C corporation” and “S corporation” defined for this chapter and ORS chapters 316, 317 and 318 314.762Taxation of S corporation; application of Internal Revenue Code; carryforward and carryback 314.763Taxation of shareholder’s income; computation; character of income, gain, loss or deduction 314.764Treatment of distributions by S corporation 314.765Employee fringe benefits; foreign income 314.766Tax on built-in gain 314.767Tax on excess net passive income 314.768S corporation or shareholder elections; rules 314.769Application of sections 1377 and 1379 of Internal Revenue Code 314.770Disclosure of S corporation items to shareholder 314.771Recapture of LIFO benefits 314.772Business tax credits; allowance to shareholders 314.775Definitions for ORS 314.775 to 314.784 314.778Composite returns of pass-through entities; election; effect of election on nonresident owners 314.781Withholding; required returns and statements; pass-through entity liability 314.784Circumstances when pass-through entity withholding is not required; rules 314.805Department to administer and enforce laws; enforcement districts; branch offices 314.810Administering oaths and taking acknowledgments 314.815Rules and regulations 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] 314.825[1957 c.632 §32 (enacted in lieu of 316.730 and 317.525); repealed by 1973 c.402 §30] 314.830[1957 c.632 §33 (enacted in lieu of 316.735 and 317.530); repealed by 1965 c.44 §1] 314.835Divulging particulars of returns and reports prohibited 314.840Disclosure of information; persons to whom information may be furnished 314.843Reporting of information to consumer reporting agency; rules 314.845Certificate of department as evidence 314.850Statistics 314.855Rewards for information 314.860[1979 c.690 §18; 1997 c.170 §27; 2013 c.688 §28; repealed by 2015 c.348 §1] 314.865Use of certain information for private benefit prohibited 314.870Time for performing certain acts postponed by reason of service in a combat zone 314.875[1995 c.780 §2; repealed by 1999 c.532 §3] 314.990[Repealed by 1953 c.310 §3] 314.991Penalties

Chapter 314 — Taxes Imposed Upon or Measured by Net Income

ORS 314.768 S corporation or shareholder elections; rules

(1)

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, then that election or revocation shall apply for Oregon tax purposes.

(2)

The Department of Revenue may adopt rules that contravene subsection (1) of this section if the election or revocation does not carry out the purposes of this chapter and ORS chapter 305, 316, 317 or 318.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.