As used in this section and ORS 314.308, 314.403, 314.404, 314.406 and 314.469:
(1) “Listed transaction” means any of the following transactions:
(a) A listed transaction under section 6707A of the Internal Revenue Code.
(b) A transaction without economic substance in which an Oregon taxable corporation:
(A) Transfers income-producing assets to a real estate investment trust owned directly or indirectly by the corporation; and
(B) With respect to dividends paid from the real estate investment trust, claims a dividend-received deduction and the real estate investment trust claims a dividend-paid deduction.
(c) A transaction without economic substance in which an Oregon taxable corporation:
(A) Transfers income-producing assets to a regulated investment company owned directly or indirectly by the corporation; and
(B) With respect to dividends paid from the regulated investment company, claims a dividend-received deduction and the regulated investment company claims a dividend-paid deduction.
(2) “Oregon taxable corporation” means a corporation:
(a) That does business in Oregon, is organized in Oregon or has income from Oregon sources; or
(b) That is owned by an Oregon income or corporate excise taxpayer.
(3) “Reportable transaction” means a transaction:
(a) That is a reportable transaction under section 6707A of the Internal Revenue Code; or
(b) That is a listed transaction.
(4) “Transaction without economic substance” means a transaction for which the taxpayer cannot demonstrate a business purpose other than tax savings. [2007 c.568 §2]
Note: Section 21, chapter 568, Oregon Laws 2007, provides:
Sec. 21. Sections 2 [314.307], 8 [314.403], 12 [314.406] and 13 [314.469] of this 2007 Act apply to tax years beginning on or after January 1, 1999. [2007 c.568 §21]
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