ORS 317.705 Definitions

As used in ORS 317.705 to 317.715:

“Affiliated group” means an affiliated group of corporations as defined in section 1504 of the Internal Revenue Code.

“Unitary group” means a corporation or group of corporations engaged in business activities that constitute a unitary business.

“Unitary business” means a business enterprise in which there exists directly or indirectly between the members or parts of the enterprise a sharing or exchange of value as demonstrated by:

Centralized management or a common executive force;

Centralized administrative services or functions resulting in economies of scale; or

Flow of goods, capital resources or services demonstrating functional integration.

“Unitary business” may include, but is not limited to, a business enterprise the activities of which:

Are in the same general line of business (such as manufacturing, wholesaling or retailing); or

Constitute steps in a vertically integrated process (such as the steps involved in the production of natural resources, which might include exploration, mining, refining and marketing).

Whether two or more corporations that are included in the same consolidated federal return are engaged in a unitary business may be determined by making reference to any corporation that is owned or controlled directly or indirectly by the same interests.