justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 follows: (a) One-quarter or more of the estimated tax shall be paid on or before the 15th day of the fourth month of the taxable year. (b) One-quarter or more of the estimated tax shall be paid on or before the 15th day of the sixth month of the taxable year. (c) One-quarter or more of the estimated tax shall be paid on or before the 15th day of the ninth month of the taxable year. (d) The balance of the estimated tax shall be paid on or before the 15th day of the 12th month of the taxable year. (2) Any payment of estimated tax received by the department for which the corporation has made no designation of the quarterly installment to which the payment is to be applied, shall first be applied to underpayments of estimated tax due for any prior quarter of the taxable year. Any excess amount shall be applied to the installment that next becomes due after the payment was received.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 transfer if: (a) For payment periods beginning on or after July 1, 2001, and before January 1, 2002, the corporations annual total amount of estimated tax liability exceeds $50,000. (b) For payment periods beginning on or after January 1, 2002, the corporation is required to make federal estimated tax payments electronically. (2) The Department of Revenue may adopt rules that provide exemptions from the requirement that estimated tax be paid by electronic funds transfer when the taxpayer is disadvantaged by required payment by electronic funds transfer. (3) The Department of Revenue may accept electronically filed payments voluntarily submitted by a corporation that is not required to pay by means of electronic funds transfer. (4) As used in this section, electronic funds transfer has the meaning given that term in ORS 293.525.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.520. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 314 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 required. (2) Notwithstanding subsection (1) of this section, there shall be no underpayment of estimated tax if the estimated tax paid equals or exceeds the amount described in any one of the following paragraphs: (a) The amount which would be required to be paid if the estimated tax liability were equal to 100 percent of the tax shown on the return for the taxable year or, if no return was filed, 100 percent of the tax for such taxable year. (b) The amount which would be required to be paid if the estimated tax liability were equal to 100 percent of the tax shown on the return for the preceding taxable year, and the preceding taxable year was a taxable year of 12 months. (c)(A) An amount equal to 100 percent of the tax for the taxable year computed by placing on an annualized basis the taxable income: (i) For the first three months of the taxable year, in the case of the installment required to be paid in the fourth month; (ii) For the first three months or for the first five months of the taxable year, in the case of the installment required to be paid in the sixth month; (iii) For the first six months or for the first eight months of the taxable year in the case of the installment required to be paid in the ninth month; and (iv) For the first nine months or for the first 11 months of the taxable year, in the case of the installment required to be paid in the 12th month of the taxable year. (B) For purposes of this paragraph the taxable income shall be placed on an annualized basis by: (i) Multiplying by 12 the taxable income referred to in subparagraph (A) of this paragraph; and (ii) Dividing the resulting amount by the number of months in the taxable year (3, 5, 6, 8, 9 or 11, as the case may be) referred to in subparagraph (A) of this paragraph. (d) An amount equal to 100 percent of the amount obtained by applying section 6655(e) (3)(C) of the Internal Revenue Code to Oregon taxable income. (e) An election made under section 6655(e) (2)(C) of the Internal Revenue Code (relating to annualization periods) for federal tax purposes shall also apply for purposes of estimated tax under ORS 314.505 to 314.525. (3) Interest shall accrue on the underpayment of estimated tax under ORS 314.505 to
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.605. business activity in this state, the taxpayer may petition for and the Department of Revenue may permit, or the department may require, in respect to all or any part of the taxpayers business activity: (a) Separate accounting; (b) The exclusion of any one or more of the factors; (c) The inclusion of one or more additional factors which will fairly represent the taxpayers business activity in this state; or (d) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayers income. (2) The department may adopt rules to promote uniformity and consistency with other states in the application of the Uniform Division of Income for Tax Purposes Act. [Formerly 314.670] (Use of Single Sales Factor Method of Apportionment by Taxpayer Executing Qualifying Investment Contract)
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 305.653, the provisions of ORS 314.605 to 314.675 shall control.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.615. When allocation and apportionment of net 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 institution or public utility or the rendering of purely personal services by an individual, shall allocate and apportion the net income of the taxpayer as provided in ORS
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.625. Certain nonapportionable 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, to the extent that they constitute nonapportionable income, shall be allocated as provided in ORS 314.625 to 314.645.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 property are allocable to this state (a) if and to the extent that the property is utilized in this state, or (b) in their entirety if the taxpayers commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized. (3) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 sales of tangible personal property are allocable to this state if (a) the property had a situs in this state at the time of the sale, or (b) the taxpayers commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs. (3) Except in the case of the sale of a partnership interest, capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayers commercial domicile is in this state. (4) Gain or loss from the sale of a partnership interest is allocable to this state in the ratio of the original cost of partnership tangible property in the state to the original cost of partnership tangible property everywhere, determined at the time of the sale. In the event that more than 50 percent of the value of a partnerships assets consists of intangibles, gain or loss from the sale of the partnership interest shall be allocated to this state in accordance with the sales factor of the partnership for its first full tax year immediately preceding its tax year during which the partnership interest was sold.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.640. Allocation to this state of interest and dividends. Interest and dividends are allocable to this state if the taxpayers commercial domicile is in this state.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 Oregon State Lottery is a member is allocable to this state if the ticket upon which the prize is awarded was sold in this state.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 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 payer in this state, or (b) if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayers commercial domicile is in this state. (2) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayers commercial domicile is located. (3) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayers commercial domicile is located. [1965 c.152 9] (Apportionment of Income)
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.647. Policy. The Legislative Assembly finds and declares it to be the policy of this state to carry out a comprehensive review of income apportionment whenever federal legislation changes the nexus standard for state imposition of taxes based on business activity within state borders. [2001 c.793 12; 2017 c.43 3] Note:
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.650. Apportionment of income. All apportionable income shall be apportioned to this state by multiplying the income by the sales factor.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.655. Determination of property factor. (1) For purposes of ORS 317.391, the property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayers real and tangible personal property owned or rented and used during the tax period. (2) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. (3) The average value of property shall be determined by averaging the values at the beginning and ending of the tax period but the Department of Revenue may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayers property.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.660. Determination of payroll factor. (1) For purposes of ORS 317.391, the payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the tax period. (2) Compensation is paid in this state if: (a) The individuals service is performed entirely within the state; (b) The individuals service is performed both within and without the state, but the service performed without the state is incidental to the individuals service within the state; or (c) Some of the service is performed in the state and (A) the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in the state, or (B) the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individuals residence is in this state.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.665. Determination of sales factor; use of market sourcing; 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 state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period. (2) Sales of tangible personal property are in this state if: (a) The property is delivered or shipped to a purchaser, other than the United States Government, within this state regardless of the f.o.b. point or other conditions of the sale; or (b) The property is shipped from an office, store, warehouse, factory, or other place of storage in this state and the purchaser is the United States Government or the taxpayer is not taxable in the state of the purchaser. For purposes of this paragraph: (A) The sale of goods shipped from a public warehouse is not considered to take place in this state if: (i) The taxpayers only activity in Oregon is the storage of the goods in the public warehouse prior to shipment; or (ii) The taxpayers only activities in Oregon are the storage of the goods in the public warehouse prior to shipment and the presence of employees within this state solely for purposes of soliciting sales of the taxpayers products; and (B) Taxpayer means a taxpayer as defined in section 7701 of the Internal Revenue Code, an affiliate of the person storing goods in a public warehouse or a person that is related under section 267 of the Internal Revenue Code to the person storing goods in a public warehouse. (3) Subsection (2)(b) of this section does not apply to sales of tangible personal property if: (a) The sales are included in the numerator of a formula used to apportion income to another state of the United States, a foreign country or the District of Columbia; and (b) The other state, a foreign country or the District of Columbia has imposed a tax on or measured by the apportioned income. (4) Sales, other than sales of tangible personal property, are in this state if the taxpayers market for sales is in this state, as determined under ORS 314.666. (5) Where the sales apportionment factor is determined by administrative rule pursuant to ORS 317.660 or other law, the Department of Revenue shall adopt rules that are consistent with the determination of the sales factor under this section. (6) The department may determine that a warehouse that meets the definition of public warehouse under this section may not be treated as a public warehouse if the warehouse is being used primarily for tax avoidance purposes or if transactions related to the use of the warehouse are primarily for tax avoidance purposes. (7) As used in this section, public warehouse: (a) Means a warehouse owned or operated by a person that does not own the goods stored in the warehouse; and (b) Does not include a warehouse that is owned by a person that is related to the person that owns goods that are stored in the warehouse, as determined under section 267 of the Internal Revenue Code, or an affiliate of the person that owns goods that are stored in the warehouse.
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.666. Market for sales in this state. (1) A taxpayers market for sales is in this state: (a) In the case of the sale, rental, lease or license of real property, if and to the extent the property is located in this state. (b) In the case of the rental, lease or license of tangible personal property, if and to the extent the property is located in this state. (c) In the case of the sale of a service, if and to the extent the service is delivered to a location in this state. (2) A taxpayers market for sales is in this state in the case of intangible property that is rented, leased or licensed, if and to the extent the property is used in this state. Intangible property utilized in marketing a good or service to a consumer is deemed to be used in this state if that good or service is purchased by a consumer that is in this state. (3) A taxpayers market for sales is in this state in the case of intangible property that is sold, if and to the extent the property is used in this state. Under this subsection: (a) A contract right, government license or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area is deemed to be used in this state if the geographic area includes all or part of this state. (b) Intangible property sales that are contingent on the productivity, use or disposition of the intangible property shall be treated as the rental, lease or licensing of such intangible property under subsection (2) of this section. (c) All other intangible property sales shall be excluded from the sales factor. (4) If the state or states of assignment under subsections (1) to (3) of this section cannot be determined, the state or states of assignment shall be reasonably approximated. [2017 c.549 2] Note:
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.667. methods to determine extent of business activity in this state; rules (Use of Single Sales Factor Method of Apportionment by Taxpayer Executing Qualifying Investment Contract)
ORS Chapter 314 — Taxes Imposed Upon or

ORS 314.668. Definitions. As used in ORS 314.668 to 314.673: (1) Actual cost means the costs of labor, materials, supplies, equipment rental, real or personal property acquisition, permits, engineering, financing, required fees, insurance, administration, accounting, maintenance, repair or replacement and debt service, and all other direct or indirect costs incurred by a person in order to undertake a capital project, or of more than one capital project undertaken by the same taxpayer as part of the same qualifying investment. (2) Capital project means a project within this state for the construction, modification, replacement, repair, remodeling or renovation of a structure or structures, addition to a structure or structures, or other capital improvement, that qualifies as a qualifying investment, including but not limited to: (a) Acquisition of a legal interest or right in land or property in conjunction with the capital improvement, including but not limited to the purchase, lease or occupancy of real property, including the buildings, structures, infrastructure and leasehold improvements on the land or property; (b) Acquisition of existing structures, or legal interests or rights in structures, in conjunction with the capital improvement; (c) Acquisition and installation of machinery or equipment, furnishings, fixtures or other personal property or materials, in conjunction with the capital improvement; or (d) Services and activities performed in relation to the capital improvement, including planning, design, authorizing, issuing, carrying or repaying interim or permanent financing, research, study of land use and environmental impacts, acquiring permits or licenses, or other services connected with the capital improvement, and costs associated with the performance of these services and activities. (3) Debt service includes debt service payments or payments into reserve accounts for debt service and payment of amounts necessary to meet debt service coverage requirements. (4) Qualifying investment means expenditures made by the taxpayer relating to a capital project: (a) The actual cost of which exceeds $150 million within a five-year period measured from the commencement of the term of the qualifying investment contract; and (b) That result in the taxpayer employing at least 500 more full-time equivalent employees in this state than the taxpayer employed in this state when the qualifying investment was commenced. (5) Qualifying investment contract means a contract between the State of Oregon and a taxpayer that meets the requirements of ORS 314.671. (6) Single sales factor method means the method of income apportionment required under ORS 314.650 and 314.665 and the rules adopted thereunder, as in effect on the date a qualifying investment contract is executed. (7) Term of the qualifying investment contract means the duration of the parties obligations under a qualifying investment contract.