Oregon Statutes - Chapter 316 - Personal Income Tax - Section 316.130 - Determination of taxable income of full-year nonresident.

(1) The taxable income for a full-year nonresident individual is adjusted gross income attributable to sources within this state determined under ORS 316.127, with the modifications (except those provided under subsection (2) of this section) as otherwise provided under this chapter and other laws of this state applicable to personal income taxation, less the deductions allowed under subsection (2) of this section.

(2)(a) A full-year nonresident individual shall be allowed the deduction for a standard deduction or itemized deductions allowable to a resident under ORS 316.695 (1) in the proportion provided in ORS 316.117.

(b) A full-year nonresident individual shall be allowed to deduct the amount of any accrued federal income taxes and foreign country income taxes as provided in ORS 316.690 in the proportion provided in ORS 316.117.

(c)(A) A full-year nonresident individual shall be allowed to deduct the amount of any alimony or separate maintenance payments paid during such individualís taxable year in the proportion provided in ORS 316.117 except that in determining the proportion the taxpayerís adjusted gross income shall not include a deduction for alimony. For purposes of this paragraph, ďalimony or separate maintenance paymentĒ has the meaning given the phrase in section 215 of the Internal Revenue Code.

(B) No deduction shall be allowed under this paragraph if the alimony or separate maintenance payment is not includible in the gross income of the nonresident individual for federal income tax purposes under section 682 of the Internal Revenue Code.

(3)(a) A full-year nonresident who is a self-employed individual shall be allowed to deduct that individualís contributions to a qualified plan, deductible on that individualís federal income tax return pursuant to section 401 of the Internal Revenue Code, in the proportion that the individualís earned income from Oregon sources bears to the individualís earned income from all sources. ďEarned incomeĒ has the meaning given in section 401(c)(2) of the Internal Revenue Code. If the numerator of the fraction described in this paragraph is greater than the denominator, the proration of 100 percent shall be used.

(b) A full-year nonresident shall be allowed to deduct that individualís qualified retirement contributions, deductible on that individualís federal income tax return pursuant to section 219 of the Internal Revenue Code, in the proportion that the individualís compensation from Oregon sources bears to the individualís compensation from all sources. ďCompensationĒ has the meaning given in section 219(f)(1) of the Internal Revenue Code.

(c) A full-year nonresident individual shall be allowed to deduct the aggregate amounts paid in cash to a medical savings account, deductible on the individualís federal income tax return pursuant to section 220 of the Internal Revenue Code, in the proportion that the individualís compensation from Oregon sources bears to the individualís compensation from all sources. Distributions from a medical savings account, if excluded from income for federal income tax purposes, shall be excluded for Oregon income tax purposes. Distributions from a medical savings account, if included in income for federal tax purposes, shall be included in income for Oregon tax purposes to the extent that an exclusion has been allowed for contributions to the medical savings account for Oregon tax purposes in a previous year. [1985 c.141 §4; 1987 c.293 §18; 1987 c.647 §12; 1989 c.626 §7; 1997 c.839 §11a; 1999 c.580 §8]

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Last modified: August 7, 2008