(1) An additional personal exemption credit in the same amount as allowed under ORS 316.758 for a taxpayer with a severe disability shall be allowed for the spouse of the taxpayer if a separate return is made by the taxpayer, and if the spouse:
(a) Has a severe disability;
(b) Has no gross income for the calendar year in which the taxable year of the taxpayer begins; and
(c) Is not the dependent of another taxpayer.
(2) In the case of a joint return, each spouse who has a severe disability shall be allowed the additional credit in the amount provided under ORS 316.758 if the spouse otherwise qualifies under this section.
(3) For purposes of this section, the determination of whether the spouse has a severe disability shall be made as of the close of the taxable year of the taxpayer except that if the spouse dies during such taxable year such determination shall be made as of the time of the death of the spouse. [Formerly 316.137; 1985 c.345 §11; 1987 c.293 §29; 2007 c.70 §87]
Section: Previous 316.750 316.751 316.752 316.755 316.758 316.760 316.761 316.765 316.770 316.771 316.775 316.777 316.778 316.780 316.783 NextLast modified: August 7, 2008