(1) As used in this section:
(a) “Bone marrow donor expense” means the sum of the amounts paid or incurred during the tax year by an employer for the following:
(A) Development of an employee bone marrow donation program.
(B) Employee education related to bone marrow donation, including but not limited to the need for donors and an explanation of the procedures used to determine tissue type and donate bone marrow.
(C) Payments to a health care provider for determining the tissue type of an employee who agrees to register or registers as a bone marrow donor.
(D) Wages paid to an employee for time reasonably related to tissue typing and bone marrow donation.
(E) Transportation of an employee to the site of a donation or any other service which is determined by the Department of Human Services by rule as essential for a successful bone marrow donation.
(b) “Employee” means an individual who:
(A) Is regularly employed by the taxpayer for more than 20 hours per week;
(B) Who is not a temporary or seasonal employee; and
(C) Whose wages are subject to withholding under ORS 316.162 to 316.221.
(c) “Wages” has the meaning given the term for purposes of ORS 316.162 to 316.221.
(2) A business tax credit against the taxes otherwise due under ORS chapter 316 for the tax year is allowed to a resident employer, or if the employer is a corporation, to the employer against the taxes otherwise due under ORS chapter 317. The amount of the credit is equal to 25 percent of the bone marrow donor expense paid or incurred during the tax year by an employer to provide a program for employees who are potential bone marrow donors or who actually become bone marrow donors.
(3)(a) Except as provided under paragraph (b) of this subsection, the allowance of a credit under this section shall not affect the computation of taxable income for purposes of ORS chapter 316 or 317.
(b) If in determining the amount of the credit for any tax year an amount allowed as a deduction under section 170 of the Internal Revenue Code is included in bone marrow donation expense, the amount allowed as a deduction shall be added to federal taxable income.
(4) The credit allowed under this section shall be allowed to a nonresident employer in the same manner as the credit is allowed to a resident employer.
(5) Any tax credit otherwise allowable under this section which is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer’s tax liability for the next succeeding tax year. Any credit remaining unused in such next succeeding tax year may be carried forward and used in the second succeeding tax year. Any credit remaining unused in such second succeeding tax year may be carried forward and used in the third succeeding tax year. Any credit remaining unused in such third succeeding tax year may be carried forward and used in the fourth succeeding tax year. Any credit remaining unused in such fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be used in any tax year thereafter. [1993 c.730 §40 (enacted in lieu of 316.155 and 317.149)]
Note: Section 12, chapter 652, Oregon Laws 1991, provides:
Sec. 12. ORS 315.604 and the amendments to ORS 318.031 by section 11, chapter 652, Oregon Laws 1991, apply to bone marrow donation expense incurred in tax years beginning on or after January 1, 1991, and on or before December 31, 2001. [1991 c.652 §12; 1995 c.746 §37]
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