(1) If a partnership is an electing large partnership under section 775 of the Internal Revenue Code and an adjustment is made with respect to a partnership item for federal tax purposes that results in partnership liability to the United States Internal Revenue Service for payment of the federal tax under section 6242 of the Internal Revenue Code, the amount subject to federal tax at the partnership level shall also be subject to a state tax, to the extent the amount is allocated or apportioned to the State of Oregon.
(2) The rate of tax shall be the highest marginal rate of tax applicable to personal income taxpayers under ORS 316.037 for the tax year for which the adjustment is taken into account for federal tax purposes under section 6242 of the Internal Revenue Code.
(3) The Department of Revenue may determine by rule the method by which the amount described in this section is allocated and apportioned to the State of Oregon. [1999 c.90 §3]
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