Oregon Statutes - Chapter 314 - Taxes Imposed Upon or Measured by Net Income

314.002 [Repealed by 1953 c.310 §3]
314.004 [Repealed by 1953 c.310 §3]
314.006 [Repealed by 1953 c.310 §3]
314.008 [Repealed by 1953 c.310 §3]
314.010 [Repealed by 1953 c.310 §3]
314.011 Definitions; conformance with federal income tax law.
(1) As used in this chapter, unless the context requires otherwise, �department� means the Department of Revenue. (2) As used in this chapter: (a) Any...
314.012 [Repealed by 1953 c.310 §3]
314.013 [2003 c.704 §4; repealed by 2005 c.533 §5]
314.014 [Repealed by 1953 c.310 §3]
314.015 Soccer referees considered independent contractors.
Notwithstanding ORS 314.013, for purposes of ORS chapter 316, a person serving as a referee or assistant referee in a youth or adult recreational soccer...
314.016 [Repealed by 1953 c.310 §3]
314.018 [Repealed by 1953 c.310 §3]
314.020 [Repealed by 1953 c.310 §3]
314.021 Application of chapter.
Except where the context requires otherwise, this chapter is applicable to all laws of this state imposing taxes upon or measured by net income. [1957...
314.022 [Repealed by 1953 c.310 §3]
314.024 [Repealed by 1953 c.310 §3]
314.026 [Repealed by 1953 c.310 §3]
314.028 [Repealed by 1953 c.310 §3]
314.029 Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to personal income tax.
(1)(a) Notwithstanding ORS 316.012 (1983 Replacement Part), and subject to all other provisions of ORS chapter 316 in effect and applicable to transactions occurring on...
314.030 [Repealed by 1953 c.310 §3]
314.031 Application of Deficit Reduction Act of 1984 (P.L. 98-369) and Simplification of Imputed Interest Rules of 1985 (P.L. 99-121) to corporate excise and income tax.
(1)(a) Notwithstanding ORS 317.010, 317.013 and 317.018 (all 1983 Replacement Part), and subject to all other provisions of ORS chapters 317 and 318 in effect...
314.032 [Repealed by 1953 c.310 §3]
314.033 Application of federal Tax Reform Act of 1986 (P.L. 99-514).
(1) For purposes of subsections (2) to (15) of this section, �TRA� means the federal Tax Reform Act of 1986 (P.L. 99-514). (2) Unless the...
314.034 [Repealed by 1953 c.310 §3]
314.035 Application of Omnibus Budget Reconciliation Act of 1987 (P.L. 100-203), Family Support Act of 1988 (P.L. 100-485) and Technical and Miscellaneous Revenue Act of 1988 (P.L. 100-647).
(1) Except as provided in subsections (2) to (4) of this section and sections 83 to 92, chapter 625, Oregon Laws 1989, the amendments by...
314.036 [Repealed by 1953 c.310 §3]
314.037 Application of P.L. 101-140, Omnibus Budget Reconciliation Act of 1989 (P.L. 101-239) and Omnibus Budget Reconciliation Act of 1991 (P.L. 101-508).
(1) Except as provided in subsection (2) of this section and sections 25a to 32, chapter 457, Oregon Laws 1991, the new material and amendments...
314.038 [Repealed by 1953 c.310 §3]
314.039 Application of P.L. 102-2, Comprehensive National Energy Policy Act of 1992 (P.L. 102-486), Unemployment Compensation Amendments of 1992 (P.L. 102-318), Tax Extension Act of 1991 (P.L. 102-227) and Emergency Unemployment Compensation Act of 1991 (P.L. 102-164).
(1) Except as specifically provided otherwise, the new material enacted, amendments and repeals made by chapter 726, Oregon Laws 1993, apply to transactions or activities...
314.040 [Repealed by 1953 c.310 §3]
314.041 Application of Revenue Reconciliation Act of 1993 (P.L. 103-66), the Uruguay Round Agreements Act (P.L. 103-465) and P.L. 104-7.
(1) Except as provided in subsection (2) of this section, ORS 314.304 and sections 7, 7a, 28, 38 and 40, chapter 556, Oregon Laws 1995,...
314.042 [Repealed by 1953 c.310 §3]
314.043 Application of ICC Termination Act of 1995 (P.L. 104-88), P.L. 104-117, Omnibus Consolidated Rescissions and Appropriations Act of 1996 (P.L. 104-134), Small Business Job Protection Act of 1996 (P.L. 104-188), Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193).
(1) Except as specifically provided otherwise, the new provisions enacted and amendments and repeals of statutes made by chapter 839, Oregon Laws 1997, apply to...
314.044 [Repealed by 1953 c.310 §3]
314.045 Application of Taxpayer Relief Act of 1997 (P.L. 105-34), Taxpayer Browsing Protection Act (P.L. 105-35), Balanced Budget Act of 1997 (P.L. 105-33), Internal Revenue Service Restructuring and Reform Act of 1998 (P.L. 105-206), Transportation Equity Act for the 21st Century (P.L. 105-178) and Tax and Trade Relief Extension Act of 1998 (P.L. 105-277).
(1) Except as specifically provided in sections 4, 4b, 20 and 25b, chapter 90, Oregon Laws 1999, the new provisions enacted and amendments to statutes...
314.046 [Repealed by 1953 c.310 §3]
314.047 Application of Tax Relief Extension Act of 1999 (P.L. 106-170) and FSC Repeal and Extraterritorial Income Exclusion Act of 2000 (P.L. 106-519).
(1) The amendments to statutes by sections 23 to 52, chapter 660, Oregon Laws 2001, apply to transactions or activities occurring on or after January...
314.048 [Repealed by 1953 c.310 §3]
314.049 Application of Economic Growth and Tax Relief Reconciliation Act of 2001 (P.L. 107-16) and Job Creation and Worker Assistance Act of 2002 (P.L. 107-147).
(1) The amendments to statutes by sections 1 to 22, chapter 77, Oregon Laws 2003, apply to transactions or activities occurring on or after January...
314.050 [Repealed by 1953 c.310 §3]
314.051 Application of Veterans Benefit Act of 2002 (P.L. 107-330), Jobs and Growth Tax Relief Reconciliation Act of 2003 (P.L. 108-27), Military Family Tax Relief Act of 2003 (P.L. 108-121), Working Families Tax Relief Act of 2004 (P.L. 108-311) and American Jobs Creation Act of 2004 (P.L. 108-357).
(1) Except as provided in subsections (2) and (3) of this section, ORS 316.821 and the amendments to statutes by sections 13 to 28 and...
314.052 [Repealed by 1953 c.310 §3]
314.053 Application of Deficit Reduction Act of 2005 (P.L. 109-171), Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) and Pension Protection Act of 2006 (P.L. 109-280).
(1) Except as provided in subsections (2) and (3) of this section, the amendments to statutes by sections 1 to 14, chapter 614, Oregon Laws...
314.054 [Repealed by 1953 c.310 §3]
314.056 [Repealed by 1953 c.310 §3]
314.058 [Repealed by 1953 c.310 §3]
314.060 [Repealed by 1953 c.310 §3]
314.062 [Repealed by 1953 c.310 §3]
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]
314.075 Evading requirements of law prohibited.
No person, or officer or employee of a corporation or a member or employee of a partnership, shall, with intent to evade any requirement of...
314.078 Determination of tax credit amounts.
For purposes of this chapter and ORS chapters 315, 316, 317 and 318, a taxpayer claiming a credit against tax must claim the maximum amount...
314.080 Venue on failure to comply with law.
The failure to do any act required by or under any law imposing taxes upon or measured by net income shall be deemed an act...
314.085 Taxable year; rules.
(1) The taxable year of a partnership, REMIC (real estate mortgage investment conduit), FASIT (financial asset securitization investment trust) or taxpayer shall be the same...
314.088 Discharge of tax liability when taxpayer dies while performing military service.
(1) This section applies to a taxpayer who was a member of the Armed Forces of the United States who was on active duty for...
314.091 Abeyance of tax during periods of active duty military service.
(1) This section applies to a taxpayer who is a member of the Armed Forces of the United States who is on active duty for...
314.105 Definitions for ORS 314.105 to 314.135.
For purposes of ORS 314.105 to 314.135: (1) �Determination� means: (a) A decision by the Oregon Tax Court that has become final; (b) A closing...
314.110 [1953 c.702 §1; 1957 c.337 §4; repealed by 1971 c.248 §6]
314.115 Adjustment to correct effect of certain errors; use limited.
(1) If a determination is described in ORS 314.125 and, on the date of the determination, correction of the effect of the error referred to...
314.120 [1953 c.702 §2; repealed by 1971 c.248 §6]
314.125 When adjustment may be made.
The circumstances under which the adjustment provided in ORS 314.115 is authorized are as follows: (1) The determination requires the inclusion in gross income of...
314.130 [1953 c.702 §3; repealed by 1971 c.248 §6]
314.135 Computation; method of adjustment; credit or setoff limited; recovery after payment limited.
(1)(a) In computing the amount of an adjustment under ORS 314.105 to 314.135 there shall first be ascertained the tax previously determined for the taxable...
314.140 Adjustment of returns of related taxpayers after reallocation of income or deduction on federal return.
(1) Whenever there has been an adjustment of federal income tax liability involving a reallocation of any item of income or deduction between related taxpayers,...
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 (1)]
314.255 Collection of taxes due after revocation of certification of pollution control facility; exceptions to tax relief allowed for pollution control facility.
(1) Upon receipt of notice of the revocation of a certification of a pollution control facility pursuant to ORS 468.185 (1), the Department of Revenue...
314.256 Lobbying expenditures; proxy tax; rules.
(1) If a tax is imposed upon an organization under section 6033(e) of the Internal Revenue Code (proxy tax on lobbying expenditures) for any tax...
314.257 [1995 c.556 §46; repealed by 1997 c.839 §69]
314.258 Conveyance of real property interest; withholding by authorized agent.
(1) As used in this section: (a) �Authorized agent� means an agent who is responsible for closing and settlement services in a conveyance of a...
314.260 Taxation of real estate mortgage investment conduits.
(1)(a) An entity described in section 860D of the Internal Revenue Code (a real estate mortgage investment conduit or REMIC) is not subject to a...
314.265 Taxation of financial asset securitization investment trusts.
(1)(a) An entity described in section 860L of the Internal Revenue Code (a financial asset securitization investment trust, or FASIT) shall not be subject to...
314.275 [1957 c.544 §2; 1969 c.493 §84; 1983 c.162 §52; repealed by 1987 c.293 §56]
314.276 Method of accounting.
(1) The method of accounting of a partnership, REMIC (real estate mortgage investment conduit), FASIT (financial asset securitization investment trust) or taxpayer shall be the...
314.277 [1961 c.176 §§2,4; 1969 c.493 §85; repealed by 1987 c.293 §56]
314.280 Allocation of income of financial organization or public utility from business within and without state; rules; alternative apportionment for electing utilities or telecommunications taxpayers.
(1) If a taxpayer has income from business activity as a financial organization or as a public utility (as defined respectively in ORS 314.610 (4)...
314.285 [1957 c.632 §5 (enacted in lieu of 316.210 and 317.185); repealed by 1987 c.293 §56]
314.287 Costs allocable to inventory.
(1) In the computation of state taxable income, costs allocable to inventory shall be the same as those allocable to inventory under section 263A of...
314.290 [1957 c.102 §2; 1979 c.579 §4; 1991 c.457 §16a; 1995 c.556 §22; repealed by 2001 c.509 §19]
314.295 Apportionment or allocation where two or more organizations, trades or businesses are owned or controlled by the same interests.
In any case of two or more organizations, trades or businesses (whether or not incorporated, whether or not organized in the United States and whether...
314.297 Election for alternative determination of farm income; computation of income; rules.
(1) As used in this section: (a) �Farm income�: (A) Means taxable income attributable to a farming business; and (B) Includes gain from the sale...
314.300 Passive activity loss; determination; treatment; rules.
For purposes of applying section 469 of the Internal Revenue Code to the laws of this state imposing taxes upon or measured by income: (1)...
314.302 Interest on deferred tax liabilities with respect to installment obligations; rules.
(1) Subject to subsections (2) to (4) of this section, if interest on deferred tax liability with respect to an installment obligation is required to...
314.304 [1995 c.556 §42; 1999 c.21 §33; repealed by 1999 c.21 §34]
314.304 Amortization of goodwill and other intangibles; expensing of depreciable assets; elections before April 15, 1998.
(1) Notwithstanding ORS 314.415 or other law, if a taxpayer has made one or both elections under Treas. Reg. §1.197-1T for federal income tax purposes,...
314.306 Income from discharge of indebtedness; bankruptcy; insolvency.
(1) If a taxpayer excludes an amount from federal gross income by reason of the discharge of indebtedness of the taxpayer under section 108(a)(1)(A) of...
314.307 Definitions; reportable transactions.
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...
314.308 Reportable transactions; rules.
(1) If required by rules adopted by the Department of Revenue: (a) Any person who engages in a reportable transaction as a buyer or transferor...
314.310 Liability of transferee of taxpayer for taxes imposed on taxpayer.
(1) When a taxpayer ceases to exist or is no longer subject to the jurisdiction of this state (although subject to the courts of a...
314.330 Lien if grantor or other person determined to be owner of trust.
(1) If a final determination treats the grantor of a trust or any other person as the owner of any portion of a trust pursuant...
314.355 Returns when tax year changed.
If a taxpayer changes the tax year on the basis of which net income is computed, the taxpayer shall, at the time and in the...
314.360 Information returns.
(1) Fiduciaries required to make returns under laws imposing tax upon or measured by net income, proprietorships, partnerships, corporations, joint stock companies or associations or...
314.362 Filing return on magnetic media or other machine-readable form; rules.
(1) The information return and the employer�s annual return, described in ORS 314.360 and 316.202 (3) shall be filed on magnetic media or other machine-readable...
314.363 [1975 c.760 §2; repealed by 1984 c.1 §18]
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]
314.370 Department requiring return or supplementary return.
If the Department of Revenue is of the opinion that a taxpayer has failed to file a return, or to include in a return filed,...
314.380 Furnishing copy of federal or other state return or report; action required when return filed or changed or tax assessed.
(1) Every taxpayer shall, upon request of the Department of Revenue, furnish a copy of the return for the corresponding year, which the taxpayer has...
314.385 Form of returns; time for filing; alternative filing formats; rules.
(1)(a) For purposes of ORS chapter 316, returns shall be filed with the Department of Revenue on or before the due date of the corresponding...
314.395 Time for payment of tax; interest on delayed return.
(1) The tax shall be paid to the Department of Revenue at the time fixed by ORS 314.385 for filing the return without regard to...
314.397 Manner of payment.
The tax may be paid with uncertified check under any rules as the Department of Revenue shall adopt, but if a check so received is...
314.400 Penalty for failure to file report or return or to pay tax when due; interest; limitation on penalty.
(1) If a taxpayer fails to file a report or return or fails to pay a tax by the date on which the filing or...
314.401 De minimis tax payment not required.
Notwithstanding ORS 314.395 and 314.400, if the balance of tax due as shown on the report or return filed by the taxpayer for the tax...
314.402 Understatement of taxable income; penalty; waiver of penalty.
(1) If the Department of Revenue determines that there is a substantial understatement of taxable income for any taxable year under any law imposing a...
314.403 Listed transaction understatement; penalty.
(1) If a taxpayer has a listed transaction understatement for a tax year, there shall be added to the tax liability of the taxpayer for...
314.404 Penalty for failure to report reportable transaction.
(1) If a taxpayer fails to report to the Department of Revenue a reportable transaction as required by ORS 314.308, there shall be added to...
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)]
314.406 Penalty for promotion of abusive tax shelter.
(1) A penalty shall be imposed on a person who promotes a tax shelter if: (a) The person is or would be subject to a...
314.407 Assessment of taxes owing but not submitted with return; time of assessment; recording of warrant.
For the purposes of ORS 314.407 and 314.417 to 314.423: (1) In the case of a return submitted to the Department of Revenue with payment...
314.410 Time 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.
(1) At any time within three years after the return was filed, the Department of Revenue may give notice of deficiency as prescribed in ORS...
314.412 Issuing of notice of deficiency attributable to involuntary conversion; time limit.
Notwithstanding ORS 314.410, the period for issuing any notice of deficiency attributable to any part of the gain realized upon an involuntary conversion as provided...
314.415 Refunds; interest; credits.
(1) If the Department of Revenue determines pursuant to ORS 305.270 that the amount of the tax due is less than the amount theretofore paid,...
314.417 Unpaid tax or withholding lien at time of assessment.
If any person neglects or refuses to pay an income tax at the time of assessment, or fails to pay to the Department of Revenue...
314.419 Foreclosure of lien.
In addition to any other remedy provided by law the lien created by ORS 314.417 may be foreclosed in the following manner: (1) The Director...
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]
314.421 When lien valid.
The lien imposed by ORS 314.417 shall not be valid as against any purchaser, holder of a security interest, mechanic�s lienor or judgment creditor until...
314.423 Status of lien.
(1) After a warrant has been recorded under ORS 314.430, the lien imposed by ORS 314.417 shall be subordinate to: (a) Any interest in real...
314.425 Examining books, records or persons.
(1) The Department of Revenue, for the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the...
314.430 Warrant for collection of taxes.
(1) If any tax imposed under ORS chapter 118, 316, 317 or 318 or any portion of the tax is not paid within 30 days...
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)]
314.440 Tax as debt; termination of taxable period and immediate assessment of tax.
(1) Every tax imposed by any law imposing a tax upon or measured by net income, and all increases, interest and penalties thereon shall become,...
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)]
314.466 Audits, deficiencies, assessments, refunds and appeals governed by ORS chapter 305.
The provisions of ORS chapter 305 as to the audit and examination of reports and returns, determination of deficiencies, assessments, claims for refund, conferences and...
314.469 Treatment of moneys collected under ORS 314.406.
Moneys collected under ORS 314.406 shall be considered net revenue from the tax imposed under ORS chapter 316 for purposes of ORS 316.502. [2007 c.568...
314.470 [1957 c.632 §26 (enacted in lieu of 316.675 and 317.480); repealed by 1961 c.20 §1]
314.505 Estimate of tax liability by corporations; rules.
(1) Every corporation expecting to have a tax liability under either ORS chapter 317 or 318 of $500 or more shall make an estimate of...
314.515 Installment schedule for payment of estimated tax.
(1) A corporation required under ORS 314.505 to make payments of estimated tax shall make the payments to the Department of Revenue in installments as...
314.518 Estimated tax payments by electronic funds transfer; phase-in; rules.
(1) A corporation required to make a payment of estimated tax under ORS 314.505 to 314.525 shall make the payment by means of electronic funds...
314.520 State agency authority over certain electronic funds transfer payments.
ORS 314.505, 314.518 and 316.198 do not alter the authority under ORS 293.525 of a state agency to require by rule that certain payments to...
314.525 Underpayment of estimated tax; interest; nonapplicability of penalties.
(1) An underpayment of estimated tax under ORS 314.505 to 314.525 will be considered to have occurred if the estimated tax is not paid as...
314.605 Short title; construction.
(1) ORS 314.605 to 314.675 may be cited as the Uniform Division of Income for Tax Purposes Act. (2) ORS 314.610 to 314.670 shall be...
314.606 Status of ORS 314.605 to 314.675 when in conflict with Multistate Tax Compact.
In any case in which the provisions of ORS 314.605 to 314.675 are inconsistent with the provisions of ORS 305.655, the provisions of ORS 314.605...
314.610 Definitions for ORS 314.605 to 314.675.
As used in ORS 314.605 to 314.675, unless the context otherwise requires: (1) �Business income� means income arising from transactions and activity in the regular...
314.615 When allocation of income from business activity required.
Any taxpayer having income from business activity which is taxable both within and without this state, other than activity as a financial organization or public...
314.620 When taxpayer is considered taxable in another state.
For purposes of allocation and apportionment of income under ORS 314.280 and 314.605 to 314.675, a taxpayer is taxable in another state if: (1) In...
314.625 Certain nonbusiness income to be allocated.
Rents and royalties from real or tangible personal property, capital gains, interest, dividends, patent or copyright royalties, or prizes awarded by the Oregon State Lottery,...
314.630 Allocation to this state of net rents and royalties.
(1) Net rents and royalties from real property located in this state are allocable to this state. (2) Net rents and royalties from tangible personal...
314.635 Allocation to this state of capital gains and losses.
(1) Capital gains and losses from sales of real property located in this state are allocable to this state. (2) Capital gains and losses from...
314.640 Allocation to this state of interest and dividends.
Interest and dividends are allocable to this state if the taxpayer�s commercial domicile is in this state. [1965 c.152 §8]
314.642 Allocation to this state of lottery prizes.
(1) Prizes awarded by the Oregon State Lottery are allocable to this state. (2) A prize awarded by a multistate lottery association of which the...
314.645 Allocation to this state of patent and copyright royalties.
(1) Patent and copyright royalties are allocable to this state (a) if and to the extent that the patent or copyright is utilized by the...
314.647 Policy.
The Legislative Assembly finds and declares it to be the policy of this state to carry out a comprehensive review of business income apportionment whenever...
314.650 Business income apportionment.
(1) All business income shall be apportioned to this state by multiplying the income by the sales factor. (2)(a) Notwithstanding subsection (1) of this section,...
314.655 Determination of property factor.
(1) As used in ORS 314.650, the property factor is a fraction, the numerator of which is the average value of the taxpayer�s real and...
314.660 Determination of payroll factor.
(1) As used in ORS 314.650, the payroll factor is a fraction, the numerator of which is the total amount paid in this state during...
314.665 Determination of sales factor; inclusions and exclusions; definitions.
(1) As used in ORS 314.650, the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this...
314.670 Additional methods to determine extent of business activity in this state; rules.
(1) If the application of the allocation and apportionment provisions of ORS 314.605 to 314.675 do not fairly represent the extent of the taxpayer�s business...
314.675 Apportionment of net loss; net loss deduction; limitations.
If the operations of a taxpayer subject to ORS 314.280 or 314.615 result in a net loss, that net loss shall be apportioned in the...
314.680 Definitions for ORS 314.680 to 314.690; rules.
As used in ORS 314.680 to 314.690, unless the context requires otherwise: (1) �Broadcasting� means the activity of transmitting any one-way electronic signal by radio...
314.682 Method of apportionment of interstate broadcaster income.
(1) Notwithstanding any provisions of ORS 314.605 to 314.675 to the contrary, ORS 314.680, 314.684 and 314.686 shall apply to the apportionment of the income...
314.684 Determination of sales factor.
(1) The sales factor for an interstate broadcaster shall be determined as provided in this section. (2) The denominator of the sales factor shall include...
314.686 Determination of net income attributable to business done in state.
If an interstate broadcaster has gross receipts from broadcasting, the determination of net income taxable by this state shall be based upon the business activity...
314.688 Rules.
The Department of Revenue may adopt such rules as it deems necessary for the administration and enforcement of ORS 314.680 to 314.690. [1989 c.792 §6;...
314.690 Scope of provisions.
The provisions of ORS 314.680 to 314.688 are not intended to change the meaning of the terms �income-producing activity,� �sources within this state,� �business activity�...
314.695 Application of ORS 314.280 and 314.605 to 314.675.
The provisions of ORS 314.280 and 314.605 to 314.675 apply to the allocation and apportionment of the income of corporations and nonresident individuals, and do...
314.705 Computation of tax when income reported as percentage of sales volume.
Any taxpayer electing in any year to report and pay an income tax on the basis of a percentage of sales volume, pursuant to Article...
314.710 Application to allocation and apportionment of income.
The provisions of Articles III and IV of the Multistate Tax Compact apply to the allocation and apportionment of the income of corporations and nonresident...
314.712 Partnerships not subject to income tax; exceptions.
(1) Except as provided in ORS 314.722 or 314.723, a partnership as such is not subject to the tax imposed by ORS chapter 316, 317...
314.714 Character of partnership income; procedure if partner�s treatment of item inconsistent with partnership treatment; rules.
(1) Each item of partnership income, gain, loss or deduction has the same character for a partner as it has for federal income tax purposes....
314.716 Basis of partner�s interest; gain or loss on sale; election to adjust basis.
(1) The adjusted basis of a partner�s interest in a partnership shall be determined pursuant to the method described in sections 704(c)(1)(B)(iii), 705 and 733...
314.718 Treatment of contributions to partnership.
(1) Amounts paid or incurred to organize a partnership may be deducted in the manner provided in section 709(b) of the Internal Revenue Code. (2)...
314.720 Treatment of distributions from partnership.
(1) Gain or loss shall not be recognized by a partner upon a distribution by a partnership to that partner, except to the extent provided...
314.722 Publicly traded partnerships taxed as corporations.
(1) As used in this section, �publicly traded partnership� means a partnership treated as a corporation for federal income tax purposes under section 7704 of...
314.723 Electing large partnerships subject to tax; rules.
(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...
314.724 Information return; penalty; rules.
(1) Every partnership having a resident partner or having any income derived from sources in this state, determined in accordance with the applicable rules as...
314.726 Application of ORS 314.724.
ORS 314.724 shall apply to both corporate and noncorporate partners. [1989 c.625 §34]
314.727 Disclosure of partnership items to partner.
The Department of Revenue may disclose to a partner of a partnership those items of partnership gain, loss or other particulars relating to the partnership...
314.730 �C corporation� and �S corporation� defined for this chapter and ORS chapters 316, 317 and 318.
For purposes of this chapter and ORS chapters 316, 317 and 318: (1) �C corporation� means, with respect to any taxable year, a corporation which...
314.732 Taxation of S corporation; application of Internal Revenue Code; carryforward and carryback.
(1) Except as otherwise provided in ORS 314.740, 314.742 and 317.090, an S corporation shall not be subject to the taxes imposed by ORS chapter...
314.734 Taxation of shareholder�s income; computation; character of income, gain, loss or deduction.
(1) The shareholder�s pro rata share of the income of an S corporation is subject to tax under ORS chapter 316. In determining the tax...
314.736 Treatment of distributions by S corporation.
A distribution of property made by an S corporation with respect to its stock shall be treated in the manner provided under section 1368 of...
314.738 Employee fringe benefits; foreign income.
(1) For purposes of employee fringe benefits, and subject to this chapter and ORS chapters 305, 316, 317 and 318 and ORS 314.712 to 314.722,...
314.740 Tax on built-in gain.
(1) If, for any taxable year beginning in the recognition period, an S corporation has a net recognized built-in gain, there is hereby imposed a...
314.742 Tax on excess net passive income.
(1) If for the taxable year an S corporation has the following, then there is hereby imposed a tax on the income of such corporation...
314.744 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...
314.746 Application of sections 1377 and 1379 of Internal Revenue Code.
The definitions and special and transitional rules of sections 1377 and 1379 of the Internal Revenue Code apply for Oregon tax purposes. [1989 c.625 §49]
314.748 [1989 c.625 §50; repealed by 1997 c.839 §69]
314.749 Disclosure of S corporation items to shareholder.
The Department of Revenue may disclose to the shareholder of an S corporation those items of S corporation gain, loss or other particulars relating to...
314.750 Recapture of LIFO benefits.
(1) Any increase in tax by reason of a recapture of LIFO benefits under section 1363(d) of the Internal Revenue Code shall be payable in...
314.752 Business tax credits; allowance to shareholders; rules.
(1) Except as provided in ORS 314.740 (5)(b), the tax credits allowed or allowable to a C corporation for purposes of ORS chapter 317 or...
314.760 [1989 c.625 §54; repealed by 2005 c.387 §8]
314.775 Definitions for ORS 314.775 to 314.784.
As used in ORS 314.775 to 314.784: (1) �Distributive income� means the net amount of income, gain, deduction or loss of a pass-through entity for...
314.778 Composite returns of pass-through entities; election; effect of election on nonresident owners.
(1) A pass-through entity having distributive income attributable to Oregon sources shall file a composite return of personal income and corporate income and excise tax...
314.781 Withholding; required returns and statements; pass-through entity liability.
(1) A pass-through entity shall withhold tax as prescribed in this section if: (a) The pass-through entity has distributive income from Oregon sources; and (b)...
314.784 Circumstances when pass-through entity withholding is not required; rules.
(1) A pass-through entity is not required to withhold taxes under ORS 314.781 on behalf of a nonresident owner if: (a) The nonresident owner has...
314.805 Department to administer and enforce laws; enforcement districts; branch offices.
The Department of Revenue shall administer and enforce the tax imposed by any law imposing tax upon or measured by net income. For this purpose...
314.810 Administering oaths and taking acknowledgments.
All officers empowered by law to administer oaths, the Director of the Department of Revenue and any agents, auditors and other employees as the director...
314.815 Rules and regulations.
The Department of Revenue may, from time to time, make such rules and regulations, not inconsistent with legislative enactments, that it considers necessary to enforce...
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]
314.835 Divulging particulars of returns and reports prohibited.
(1) Except as otherwise specifically provided in rules adopted under ORS 305.193 or in other law, it shall be unlawful for the Department of Revenue...
314.840 Disclosure of information; persons to whom information may be furnished.
(1) The Department of Revenue may: (a) Furnish any taxpayer, representative authorized to represent the taxpayer under ORS 305.230 or person designated by the taxpayer...
314.845 Certificate of department as evidence.
The certificate of the Department of Revenue to the effect that a tax has not been paid, that a return has not been filed or...
314.850 Statistics.
The Department of Revenue shall prepare and publish annually statistics, reasonably available, with respect to the operation of income tax laws, including amounts collected, classification...
314.855 Rewards for information.
The Department of Revenue may pay rewards to persons, other than officers or employees of the department, furnishing information that leads to the recovery of...
314.860 Disclosure of elderly rental assistance information to assist in recovery of public assistance overpayments; requests for information public record.
(1) The Department of Revenue may disclose certain information relative to applicants for elderly rental assistance to the Director of Human Services or to employees...
314.865 Use of certain information for private benefit prohibited.
A person granted access to information described in ORS 314.835 under ORS 314.840 (2)(a)(B) for the purpose of preparing revenue estimates shall not knowingly or...
314.870 Time for performing certain acts postponed by reason of service in a combat zone.
(1) Section 7508 of the Internal Revenue Code, insofar as it describes periods of time to be disregarded with respect to the performance of acts...
314.875 [1995 c.780 §2; repealed by 1999 c.532 §3]
314.990 [Repealed by 1953 c.310 §3]
314.991 Penalties.
(1) A person or an officer or employee of a corporation or a member or employee of a partnership who violates ORS 314.075 is liable...

Last modified: August 7, 2008